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Home My Public Portal AboutORD09745 �f 4 I i I iI BILL NO. L• INTRODUCED BY COUNCILMAN _,. ORDINANCE NO. !3 *7 q j' 1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN CONTRACT WITH ABLE FIRE AND SAFETY EQUIPMENT, INC. FOR THE PURCHASE OF FIRE APPARATUS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and City Clerk of the City of Jefferson, Missouri, are hereby authorized and directed, for and in the name of. the City, to execute a written contract between the City of Jefferson, Missouri, and Able Fire and Safety Equipment,. Inc. for the purchase of two fire trucks for the amount of Two Hundred Eighty Thousand Three Hundred Thirty°Seven and no/100 Dollars !. . ($280,337.00) . SECTION 2. Said contract shall be substantially the same in form and conterit as that contract attached hereto and made a part hereof as if fully incorporated herein. SECTION 3. This Ordinance shall take effect and be in full force from and after its passage and approval. Passed IA-A,.%-Ph S, q� Approved a —/G --4? - uw� ' resident of th6f Council Mayor ATTEST: Cler • M N CONTRACT FOR SALE OFFIRE AND SAFETY APPARATUS 17426 CONTRACT NUMBEI THIS CONTRACT for sale of fire and safety apparatus dated February 10, 1982 , by and between ABLE FIRE AND SAFETY EQUIPMENT, INC. , 2737 West Fulton Street , Chicago, Illinois , (hereinafter referred to as "Seller") and CITY OF JEFFERSON, MISSOURI, located at 240 East High, Jefferson City, Missouri , 65101 (hereinafter referred to as "Buyer") . 1. PURCHASE AND SALE. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller certain fire and safety apparatus, accessories and equipment described generally as follows: 1-Emergency One Protector IV 1500 GPM Two Stage Pumping Engine , with 750 Gallon Aluminum Water Tank, built on a Hendrickson Model 1871 WA Chassis. ® 1-Emergency One Protector IV 1500 GPM Two Stage Pumping Engine, with 1500 Gallon Aluminum Water Tank, built on a Hendrickson Model 1871 WA Tandem Chassis . 2. The firefighting equipment which is to be manufactured under the terms of this agreement shall be manufactured in ac- cordance with the terms of the specifications and the bid in- formation and regulations contained in the invitation to bid. All of the provisions of said documents are incorporated herein as part of this contract , and are attached hereto as Exhibit "A" . The only allowable deviations from those specifications are those listed as exceptions in the bid by Seller, dated December 18, 1981, as amended by the letters to Fire Chief dated January 6, 1982 , and January 11, 1982 . 3. PURCHASE PRICE. Buyer shall pay to Seller the sum of Two Hundred Eighty T ousand Three Hundred Thirty Seven Dollars ($280,337. 00) and all excise, property, sales , and use taxes applicable to the sale (collectively referred to as the "Purchase Price") . The purchase price shall be increased by an amount equal to any .costs to the Seller arising out of the addition of any element to or change in the apparatus required by any law, regulation or order enacted or promulgated after the date hereof. 4. PAYMENT AND LATE CHARGES. The entire amount of the purchase price shall e due and payable upon delivery of the equipment in good working condition in Jefferson City, Missouri. Good working condition shall be determined by methods described in the bid information. No payment shall be made to any sales agent of the Seller unless specific authorization for such pay- ment shall be received in writing from Seller. If payment is not made to Seller at the above stated address, or at such other place as Seller shall direct in writing, a late charge not to exceed the maximum allowable under the Statutes of Missouri will be charged for each month or portion thereof that the purchase price remains unpaid. In the event that the apparatus is delivered in more than one shipment at more than one time , the preceding payment terms shall apply to each shipment and an invoice covering each such shipment shall be rendered by Seller to Buyer. ® 5 . SECURITY AGREEMENT . In the event of any default in the payment of the purchase price when due as stated above, Seller may retake possession of the apparatus and shall have the right to resell such apparatus in a commercially reasonable manner. In the event that a note , security or obligation shall have been given to Seller in full or in partial payment of the purchase price, Seller shall have the same right to retake possession of the apparatus upon default of such note , security or obligation as $eller has upon default in the payment of the purchase price. 6. DELIVERY. Seller shall use its best efforts to deliver the apparatus FOB Jefferson City, Missouri , in approximately two hundred forty calendar days from and after the date of Seller' s acceptance of this agreement as indicated below. Seller does not guarantee this delivery date , but Buyer has the option to cancel this contract if the apparatus is not delivered within the two hundred forty (240) day period mentioned above . Seller shall not be liable for any failure or delay in delivery hereunder if such failure or delay is due to an act of God, war, labor difficulties , accidents, delays in deliveries from Seller' s supplier, or any other causes of any kind whatever beyond the control of the Seller. 7. WARRANTIES. The only warranties applying to this sale are those mare-"6y Hendrickson Mobile Equipment and by Emergency One, Inc. Seller neither assumes , nor authorizes any other person to assume for it , any obligation under these warranties or under any other warranty. Seller disclaims and excludes all warranties with respect to the apparatus , either expressed or implied, including any implied warranty of merchantability or fitness for a parti- cular purpose . Seller shall in no event be liable for incidental or consequential damages resulting from any defect or breach of warranty with respect to this apparatus including, without limiting the generality thereof, damage to property and damage caused by loss of use , loss of time , loss of profit or loss of income. Buyer agrees to assume , and hold Seller harmless from, all liability to third parties for injury, damage or loss resulting from the use of the apparatus sold hereunder. If Buyer has unauthorized additions or repairs done , they will be at Buyer' s expense. 8. AUTHORITY. Buyer shall furnish to Seller' s satis- faction evidence tit Buyer' s entry into this contract has been duly authorized and that the official executing this contract, on behalf of Buyer is duly authorized to execute this contract. 9. ACCEPTANCE BY SELLER. This agreement shall not be effective un ass accepted by an officer of Seller duly authorized to accept the same. 10. GENERAL. If any provision of this contract is invalid it shall not affect the validity of any other provision of this contract. This contract represents the entire agreement between the parties hereto and shall be governed by the laws of the State of Missouri. 11. Buyer will be notified no less than one week as to delivery of truck at which time financial arrangements should be made to monies are paid on time. No apparatus will be released r r �r until financial conditions are met . Because of the rapid delivery of emergency one apparatus , sometimes loose equipment such as deluge guns might not be delivered. These items will be delivered as quickly *as possible after delivery of the trucks . Only the cost of these items can be deducted from the price of trucks and the balance is to be paid in accordance with payment conditions . Apparatus cannot be put into use until paid for, except in com- pliance with the bid requirement. SELLT:R: ABLE FIRE AND SAFETY EQUIPMENT, INC. tip• By: Nicholas A. Thiel Title : Branch Manager BUYER: CITY OF JEFFERSON, MISSOURI By or arts a ayor ATTEST : UJudyV4ason, City Clerkw