HomeMy WebLinkAboutOrdinance No. 121ORDINANCE&
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AuTHoRIZING THE
CITI' MMAGER TO ENTER INTO A CONTRACT FOR ONE "ATTACK WAGON"
WITH THE FIRM OF
ATTACHING THE APPROVED FORM"OF THE CONTRACT AS EXHIBIT "A"
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas,
is hereby authorized to execute on behalf of the City,a contract
for one (1) Attack Wagon with the firm of
in the amount of
The approved form of such contract is attached
hereto as Exhibit "A" and made a part of this Ordinance for such purposes.
SECTION 2. This Ordinance shall take effect irmiediately from and after
its passage and publication of caption in the official newspaper of the
City.
READ AND PASSED ON FIRST READING ON THE DAY OF October , 1980.
READ AND PASSED ON SECOND READING ON THE 43 DAY OFor , 1980.
APPROVED AS TO LEGALITY OF THE FORM:
CITY ATTORNEY
CONTRACT
THIS AGREEMENT, MADE IN DUPLICATE BY AND BETWEEN SUPERIOR S0iflff9ESTjNC.
EMERGENCY ONE, INC., PARTY OF THE FIRST PART, HEREINAFTER CALLED
THE COMPANY AND TEE CTTV OF nM =NY
BY ITS AUTHORIZED REPRESENTATIVES, PARTY OF THE SECOND PART,
HEREINAFTER CALLED THE BUYER,
WITNESSETH AS FOLLOWS
1. THE COMPANY AGREES TO SELL, UPON THE CONDITIONS WHICH ARE
BELOW WRITTEN, THE APPARATUS AND EQUIPMENT, ALL OF WHICH ARE TO
BE IN ACCORDANCE WITH THE SPECIFICATIONS PAGE THROUGH
PAGE ATTACHED, AND WHICH ARE MADE A PART OF THIS -AGREEMENT
AND C lTIOT. IN CASE BOTH COMPANY SPECIFICATIONS AND BUYER'S
BID SPECIFICATIONS ARE INCORPORATED AND ARE IN CONFLICT, THE
COMPANY'S SPECIFICATIONS SHALL APPLY.
2. THE SAID APPARATUS AND EQUIPMENT SHALL BE COMPLETED BY THE
COMPANY WITHIN APPROXIMATELY 180 DAYS AFTER THE EXECUTION OF
THE CONTRACT BY THE BUYER AND THE RECEIPT AND ACCEPTANCE OF THE
SAME BY THE COMPANY, AT THE COMPANY'S OFFICE AT OCALA, FLORIDA,
SUBJECT NEVERTHELESS TO DELAYS DUE TO STRIKES, MATERIALS, AND
OTHER CAUSES BEYOND ITS CONTROL, AND SHALL BE ACCEPTED BY BUYER
F.O.B. THE COLONY , PLUS ALL FEDERAL AND STATE
TAXES WHICH ARE ASSESSED ON OR MAY BECOME OPERATIVE WITH RESPECT
TO THE SUBJECT MATTER HEREOF, BEFORE FINAL ACCEPTANCE BY THE
BUYER. IF PRODUCT IS EXEMPT FROM TAXES, UPON THE PROPER EXECUTION
OF AN EXEMPTION CERTIFICATE, THEN IT IS THE DUTY OF THE BUYER TO
FURNISH SUCH PROPERLY EXECUTED EXEMPTION CERTIFICATE TO THE COMPANY
IN ORDER THAT SUCH TAXES BECOME TAX EXEMPT.
3. COMPLETE OPERATION INSTRUCTIONS AND HANDLING INSTRUCTIONS SHALL
BE FURNISHED BY THE COMPANY AT THE TIME OF ACCEPTANCE OF SAID
APPARATUS AT OCALA, FLORIDA. IN THE EVENT THAT FULL ACCEPTANCE
TESTS ARE REQUIRED AT THE BUYERS LOCATION, SUCH TEST SHALL BE MADE
WITHIN FIVE (5) DAYS AFTER ARRIVAL AT DESTINATION, AND A WRITTEN
REPORT OF SUCH TEST RESULTS FORTHWITH DELIVERED TO THE COMPANY AT
OCALA, FLORIDA. IF NO SUCH TEST BE MADE, OR IF NO SUCH REPORT BE
MADE BY THE BUYER WITHIN FIVE (5) DAYS AFTER ARRIVAL, THEN SAID
APPARATUS AND EQUIPMENT SHALL BHi.CONSIDERED AS FULLY COMPLYING
WITH CONTRACT AND SPECIFICATIONS.
4. IF MORE THAN ONE PIECE OF APPARATUS IS COVERED BY THIS CONTRACT
AND THE PIECES ARE SHIPPED AT DIFFERENT DATES, THE ABOVE TERMS OF
PAYMENT SHALL APPLY TO EACH PIECE OR SHIPMENT AND AN INVOICE COVERING
EACH PIECE OR SHIPMENT SHALL BE RENDERED.
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CONTRACT CONTINUED
5. ALL CONTRACTS ARE TAKEN SUBJECT TO THE WRITTEN ACCEPTANCE
OF EMERGENCY ONE, INC. BY AN OFFICER OF THE COMPANY, AND WRITTEN
NOTICE TO THAT EFFECT GIVEN TO THE BUYER. WHEN REQUESTED, THE
BUYER SHALL FURNISH SATISFACTORY OPINION OF THE CITY OR TOWN
ATTORNEY AS TO THE POWER OF THE MUNICIPALITY TO MAKE THE CONTRACT,
AND THAT THIS CONTRACT IS VALID, LEGAL AND AN ENFORCEABLE OBLIGA-
TION OF THE MUNICIPALITY.
6. WARRANTY: WE WARRANT EACH NEW PIECE OF FIRE AND RESCUE
APPARATUS TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP
UNDER NORMAL USE AND SERVICE. OUR OBLIGATION UNDER THIS WARRANTY
IS LIMITED TO REPAIRING OR REPLACING, AS THE COMPANY MAY ELECT, ANY
PART OR PARTS THEREOF WHICH SHALL BE RETURNED TO US WITH TRANSPOR-
TATION CHARGES PREPAID AND AS TO WHICH EXAMINATION SHALL DISCLOSE
TO THE COMPANY'S SATISFACTION TO HAVE BEEN DEFECTIVE, PROVIDED THAT
SUCH PART OR PARTS, SHALL BE RETURNED TO US NOT LATER THAN ONE (1)
YEAR AFTER DELIVERY OF SUCH VEHICLE. SUCH DEFECTIVE PART OR PARTS
WILL BE REPAIRED OR REPLACED FREE OF CHARGE. THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ALL OTHER REPRE-
SENTATIONS TO THE ORIGINAL PURCHASER AND ALL OTHER OBLIGATIONS OR
LIABILITIES, INCLUDING LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGE
ON THE PART OF THE COMPANY. WE NEITHER ASSUME ANY OTHER WARRANTY
OR LIABILITY ON THE COMPANY'S BEHALF UNLESS MADE OR ASSUMED IN
WRITING BY THE COMPANY. THIS WARRANTY WILL NOT APPLY TO THE FOLLOWING:
A. TO NORMAL MAINTENANCE SERVICES OR ADJUSTMENTS.
B. TO ANY VEHICLE WHICH SHALL HAVE BEEN REPAIRED OR ALTERED
-OUTSIDE OF OUR FACTORY IN ANY WAY SO AS, IN OUR JUDGEMENT,
TO AFFECT ITS STABILITY, NOR WHICH HAS BEEN SUBJECT TO MISUSE,
NEGLIGENCE, OR ACCIDENT, NOR TO ANY VEHICLE MADE BY US WHICH
SHALL HAVE BEEN OPERATED AT A SPEED EXCEEDING THE FACTORY
RATED SPEED, OR LOADED BEYOND THE FACTORY RATED LOAD CAPACITY.
C. TO CHASSIS AND ASSOCIATED EQUIPMENT FURNISHED WITH CHASSIS,
SIGNALING DEVICES, GENERATORS, BATTERIES, PUMPS, ALL PURCHASED
PARTS OR OTHER TRADE ACCESSORIES INASMUCH AS THEY ARE USUALLY
WARRANTED SEPARATELY BY THEIR RESPECTIVE MANUFACTURERS.
7. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES WHICH MAY BE SUSTAINED BY THE BUYER, INCLUDING BUT
NOT LIMITED TO THOSE ARISING FRONS THE USE, INABILITY TO USE, MAINTE-
NANCE OR REPAIR OF THE APPARATUS, WHETHER UNDER THEORIES OF BREACH OF
EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE
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CONTRACT CONTINUED
8. ENTIRE AGREEMENT; AMENDMENTS: THIS AGREEMENT, INCLUDING ITS
APPENDICES, EMBODIES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES
RELATING TO THE SUBJECT MATTER CONTAINED HEREIN AND MERGES ALL
PRIOR DISCUSSIONS AND AGREEMENTS BETWEEN THEM. NO AGENT OR REPRE-
SENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO MAKE ANY REPRESENTA-
TIONS, STATEMENTS, WARRANTIES OR AGREEMENTS NOT HEREIN EXPRESSED,
AND ALL MODIFICATIONS OR AMENDMENTS OF THIS AGREEMENT INCLUDING
THE'APPENDICES, MUST BE IN WRITING SIGNED BY AN AUTHORIZED REPRE-
SENTATIVE OF EACH OF THE PARTIES HERETO.
9. PAINTING OF APPARATUS FURNISHED BY THIS CONTRACT SHALL BE
DUPONT IMRON DIAMOND "T" RED NO. 20726 UNLESS SPECIFIED BELOW.
MAKE COLOR COLOR NO.
10. LETTERING (OPTIONAL) TO BE GOLD LEAF. SIZE OF LETTERS AND
LAYOUT ARE TO BE LEFT TO THE DISCRETION OF THE ARTIST UNLESS A
COLOR POLAROID PICTURE IS ATTACHED TO THIS CONTRACT OR LAYOUT AND
A DESCRIPTION IS ILLUSTRATED BELOW.
0 Cl
LETTERING DESCRIPTION:
TO BE DECIDED BY THE FIRE CHIEF
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ism
ONRI&EWY, IVG
CONTRACT CONTINUED
11. PUMP IS TO BE STAGE, _ 250 GPM FOR USE
AT ALTITUDE.
12. THREADS SUPPLIED IN THIS CONTRACT WILL BE N.S.T. UNLESS
THREAD INFORMATION IS FILLED OUT BELOW.
1 INCH THREAD
1-1/2 INCH THREAD
2-1/2 INCH THREAD
HYDRANT STEAMER THREAD
SUCTION TUBE THREAD
13. THE BUYER AGREES TO PAY AS PURCHASE PRICE FOR THE APPARATUS
ACCEPTED AS AFORESAID, FOR THE SUM OF FORTY ONE THOUSAND, SIX
HUNDRED FIFTY FIVE DOLLARS and no/100
DOLLARS 41, 655.00 TO BE PAID TO SUPERIOR SOUT9gtST INC. IN
THE MANNER
TERMS OF PAYMENT TO BE: Less $817..00 if paid upon delivery our or
terms will be net 30
WITH INTEREST THEREAFTER AT THE RATE OF 1-1/2% PER MONTH.
IN WITNESS WHEREOF, BUYER AND COMPANY HAVE CAUSED THIS CONTRACT TO
BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVE THIS
DAY OF , 19
DEALER _,SUPERToR SOUTHWEST, INC.
SALESMAN '
EMERGENCY ONE, INC.
1216 S.W. 6th AVENUE
OCALA, FLORIDA 32670
U.S.A.
(SEAL) BY
TITLE
DATE
_ BUYERS REGISTEUD NAME
THE CITY OF THE COLONY
5576 North Colony Blvd.
The Colony, Texas 75056
CHIEF Bradberry
PHONE NUMBER
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DEALER SUPPLIED ITEMS
NOTE: REQUIRED ONLY FOR DEALER SUPPLIED EQUIPMENT COVERED UNDER
THIS CONTRACT.
TO: EMERGENCY ONE, INC., 1216 S.W. 6TH AVENUE, OCALA, FL 32670
SUBJECT: SALES CONTRACT NO. DATED
THIS IS TO CERTIFY THAT THE FOLLOWING ITEMS INCLUDED IN THIS SALES
CONTRACT ARE TO BE DELIVERED DIRECT BY YOUR SALES REPRESENTATIVE,
MR. , THAT THEY HAVE BEEN RECEIVED
AND WHERE APPLICABLE, INSTALLED, AND FOUND TO BE SATISFACTORY IN
ACCORDANCE WITH THE CONTRACT.
UAt NTITY NUMBER AND DESCRIPTION
(BUYER)
NAME
AUTHORIZED SIGNATURE
DATE
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CUSTOMER SUPPLIED CHASSIS
NOTE: REQUIRED ONLY IF CHASSIS IS NOT FURNISHED BY EMERGENCY ONE, INC.,
OR DOES NOT MEET EMERGENCY ONE, INC. SPECIFICATIONS.
CHASSIS TO BE SUPPLIED BY:
ADDRESS:
CHASSIS DEALER'S NAME:
ADD NO.
MAKE OF CHASSIS
WHEELBASE
MODEL
C/A
YEAR I
GVW
ENGINE: MAKE MODEL DISPLACEMENT
CYL. BO IN., STROKE N., C MP. RATIO
ALTERNATOR AMPS BATTERY: SINGLE DUAL CAPACITY
FUEL TANK: CAPACITY GALLONS; LOCATION
FUEL PUMP: TYPE LOCATION
RADIATOR: EXTRA COOLING
TRANSMISSION: GEAR RATIOS: FIFTH FOURTH THIRD
SECOND FIRST REVERSS-
AUTOMATIC, DESCRIBE
CLUTCH DIFFERENTIAL GEAR RATIO
TRANS. CASE SING. SPEED 2 SPEED POWER STEER BRAKES
FR. AXLE RATING REAR AXLE RATING FR. SPRINGS REAR SPRINGS
FR. TIRES: SIZE
WHEELS: TYPT-
PLY TREAD REAR: SIZE PLY TREAD
SIZE
BUMPER: PAINTED CHROME
REAR VIEW MIRRORS: CHROME
CAB COLOR SEATS
GRILL:
STAINLESS,
TRIM
PAINTED CHROME
STD. MIRRORS W.COAST
GAUGES CUSTOM
WARRANT CONCERNING CHASSIS OWNERSHIP: IN THE EVENT BUYER CHOOSE TO
PROVIDE THE CHASSIS, BUYER WARRANTS EITHER THAT THEY HAVE CLEAR TITLE
TO SAID CHASSIS OR THAT THEY WILL INDEMNIFY COMPANY AGAINST ALL DAMAGES
OR CLAIMS WHICH MAY RESULT FROM BUYER NOT HAVING SUCH TITLE. BUYER
ALSO AGREES TO PAY FOR THE APPARATUS ACCORDING TO THE TERMS OF THIS
CONTRACT, WITHOUT REGARD TO ANY'DISPUTES THAT MAY DEVELOP BETWEEN BUYER
AND ANY THIRD PARTY CONCERNING OWNERSHIP OF SUCH CHASSIS.
SIGNATURE
ORGANIZATION NATE
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INFORMATION SHEET
NOTE: REQUIRED ONLY IF TERMS ARE OTHER THAN C.O.D.
DATE
BUYER'S LEGAL NAME
ADDRESS
STREET CITY COUNTY 9 -TATE ZIP
NAME OF FIRE CHIEF PHONE NO.
PERSON TO CONTACT
CONCERNING TERMS OF PAYMENT
TITLE
ADDRESS
STREET CITY COUNTY STATE. ZIP
IS CONTRACT SIGNED BY LEGALLY QUALIFIED OR AUTHORIZED PERSONS?
SOURCE OF REVENUE
NAME OF CUSTOMER'S BANK
ADDRESS
STREET CITY - -C-0-1 NTY STA ZT-p
METHOD OF PAYMENT: CASH ON HAND
FUNDS WILL BE AVAILABLE IN TIME FOR PA
BANK LOAN
REVENUE SHARING
DETAILS OF FINANCING:
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