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Home My WebLink AboutRESOLUTION NO. 02-12-18-1 RESOLUTION O - 4� Entering into Contract Purchase of 2 Fire Trucks Pierce Manufacturing,Inc. WHEREAS,the Fire Department is in need of 2 fire trucks-a tanker pumper and a pumper; and, NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, the Mayor and the City Clerk are hereby directed to certify this resolution of approval and. the Mayor is authorized to sign the contract with Pierce Manufacturing. Passed and approved this 1 day of bc'am-e,., , 2002. AYE' P'i� , 1 '(l�[? " aj-1- ' aa " � l l YfCr02 NAY�lfU ABSENT , U0C,- Bill Voss,Mayor ATTEST: Mari Pal , City Clerk • We Build Confidence Proposal For Furnishing PIERCE FIRE APPARATUS Fairfax Fire Department 525 Vanderbilt Street Fairfax,Iowa The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing Inc., at its home office in Appleton,Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Pierce 4 door Contender Pumper Fire Apparatus mounted on an IHC chassis One (1) Pierce 2 door Contender Pumper/Tauker Fire Apparatus mounted on an IHC chassis with related equipment for the sum Of.....................................................$2929786.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes,war or international,conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing,within or about 270 to 290 calendar days, after receipt of this order and the acceptance thereof at our office at Appleton,Wisconsin, and to be delivered to you at Fairfax, Iowa Fire Department The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser,provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. We Build Co , The proposal for fire apparatus conforms with all.Federal Department of Transportation (DOT) rules and regulations in effect at the time of. bid, and with all National Fire Protection Association (NFPA) guidelines for automotive fire apparatus as published at the time of bid, except as modified by customer specifications.. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along,to the customers as an addition to the price set forth above. Unless accepted within 30 days from date,the right is reserved to withdraw this proposition. PIERCE MANUFACTURING INC. By: SALES REPRtSENTATIVE Clarey's Safety Equipment, Inc. w We Build Confidence CONTRACT THIS AGREEMENT, made by and between Pierce Manufacturing Inc.,Appleton,Wisconsin, first party, and the: Fairfax Fire Department by its authorized representative, second party WITNESSETH: FIRST. The said first,party hereby agrees to furnish the apparatus and equipment according to the specifications hereto attached and made a part of this contract, and to deliver the same as hereinafter provided. SECOND. The first party agrees that all material and workmanship in and about said apparatus and equipment shall comply with said specifications.In the event there is any,conflict between customer specifications and the Pierce proposal,the Pierce Proposal will prevail. The standard Pierce Warranty will apply. THIRD. This contract for fire apparatus conforms with all Federal Department of Transportation (DOT)rules and regulations in effect at the time of contract signing, and with all.National Fire Protection Association (NFPA) guidelines for automotive fire apparatus as published at the time of contract signing, except as modified by - customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth below. i O ® Build Confidence FOURTH. The said apparatus and equipment shall be ready for delivery from Pierce Manufacturing,Inc.,within or about 270 to 290 calendar days, after the receipt and acceptance of this contract at the first part's office at Appleton,Wisconsin, delays due to strikes, failures to obtain chassis,materials, or other causes beyond its control not preventing, and shall be delivered to said of the second part at the: Fairfax Fire Department FIFTH. A competent serviceman shall upon request,be furnished by the first party to demonstrate said apparatus for second party and to give its employees the necessary instructions in the operation and handling of said apparatus. SIXTH. The second party hereby purchases and agrees to pay for said apparatus and equipment,the sum oh Two hundred ninety-two thousand, seven hundred eighty sixdollars and no cents.............$292,7''86.00 i Should the Fairfax Fire Department elect to make any additional prepayments of funds on this apparatus, prior to payments actually becoming due, please be advised that the City of Fairfax will earn a 4.00% rate of interest on these funds from the date of payment,and/or until deductions are made for payments,which(become due or until the completion date at Pierce Manufacturing, Inc. Payment shall be made directly to first party at its Appleton,Wisconsin office. Under no circumstances shall payment be made to the dealer or any other party except Pierce Manufacturing Inca Any representation that payment is authorized to be made to another party is in violation of this agreement. Net payment is due upon acceptance at Pierce Manufacturing Inc., Appleton,Wisconsin,unless otherwise specified herein. If deferred payment arrangements are made, such arrangements shall be in writing, and second party's obligation thereunder shall be evidenced by negotiable paper. We Build Confidence If more than one piece of apparatus is covered by this contract the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper amount. SEVENTH. In case the second party desires to test the apparatus, such test shall be made within ten(10) days after arrival at destination, and a written report of such test forthwith delivered to the first party at its principal office at Appleton,Wisconsin. If no such test be made, or is no such report be made by the second party within ten (10) days after arrival,then said apparatus and equipment shall be considered as fully complying with contract specifications. EIGHTH. It is agreed that the apparatus and equipment covered by this contract shall remain the property of the first party until the entire contract price has been paid,but if more than one piece of apparatus is covered by this contract, then each piece shall remain the property of the first party until the above listed price for such piece has been paid in full, and in case of any default in payment the first party may take full possession of the apparatus and equipment, or of the piece or pieces upon which default has been made, and any payments that have been made shall be applied as payment for the use of the apparatus and equipment up to date of taking possession. NINTH. This contract to be binding must be signed and approved by an officer of Pierce Manufacturing Inc.,or.someone authorized by it to do so. This contract and specifications take precedence over all previous negotiations and no representations are considered as entering into this contract except as are contained herein or in the specifications attached hereto. This contract cannot be altered or modified except by mutual written agreement signed by the parties. We Build Confidence IN WITNESS MMEREOF, the said parties have caused these presents to be executed and the second party has caused its seal to be affixed, and attested by its authorized representative on this PIERCE MANUFACTURING INC. Fairfax Fire Department B B Authorized Party Date of Acceptance: PIERCE MANUFACTURING II INC, AN OSHKOSH TRUCK CORPORATION COMPANY•150 9001 CER'TWED 2600 AMERICAN DRIVE POST OFFICE BOX 2017 m APPLETOIN,WISCONSIN 54912-2017 920-832-30,00- FAX 920-832-3208 fanuary 17, 2003 Chief Mike Sankot FAIRFAX FIRE DEPARTMENT 523 Vanderbilt Street Fairfax IA 52228 Subject: New Fire Apparatus Dear Chief Sankot: We acknowledge, with thanks, the contract covering ONE (1) PIERCE COMMERCIAL CONTENDER DRYSIDE TANKER AND ONE (1) PIERCE COMMERCIAL CONTENDER PUMPER, our Shap Order Numbers 14505TR SO 47717 respectively. We are pleased to formally accept this order and have enclosed a signed copy of the contract for your files. The opportunity to place this PIERCE apparatus in your fire department is greatly appreciated and we are certain it will fulfill your every requirement. Pierce Mfg. Inc. and your authorized Pierce Representative, Clarey Safety Equipment , acknowledge with thanks, your purchase. Yours very truly, PIERCE MANUFACTURING INC. MANUFACTURING Ae Ie� h�f VP Sales Midwest/West Region JR/a1v ]enclosure C Clarey Safety Equipment -2002 03 :02 PM GLAR'EYAS 507 289 5213 P_ 07 Build Confiden- co".8 nvl"WMIMOIF, ft pardes mm +aeu�d t�eia fire s to b+ +a�aesent�d> d bac s mond party Ims cawed Is ag to be sMMxodo ad attested by it:euthoarLed reparesonta4tive an thte PMRCZ. _TVto I Fairfaxptns DapBatment XIIWI/V� Party Daae at Amptance.,