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Home My WebLink About2006-036 - Agreement with Kovatch Mobile Equipment Corporation~~- . BILL N0.2006-36 ORDINANCE N0.2006-36 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR PRO TEM TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND KOVATCH MOBILE EQUIPMENT CORPORATION., t/a KME FIRE APPARATUS FOR THE PURCHASE OF FIRE APPARATUS BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Board of Aldermen has accepted the bid from Kovatch Mobile Equipment Corporation., ba KME Fire Appazatus for the purchase price of $189,494.00 for fire apazatus ("Apparatus") described in the Specifications incorporated as Exhibit A. Section 2. The Mayor Pro Tem is hereby authorized to execute an agreement with Kovatch Mobile Equipment Corporation., t/a KME Fire Apparatus in the amount named sum. PASSED THIS/ DAY OF MARCH 2006. ,~ Cit ~ Clerk 1. .. Mayor Pro Tem Ray Beazd 11' 1 n ~. .N RLD CLgSS i ~ ~ A, APPAR TV THIS AGREEMENT is made between Kovatch Mobile Equipment Corp., t/a KME Fire Apparatus, of One Industrial Complex, Nesquehoning, Pennsylvania, ("Company") and: City of Riyercirla~ Of (Legal Name of Buyer) .. ~.~ (Address, City, County, State, Zip) (8161372-91F~ ("Buyer" Phone Number) BUYER INFORMATION (check one): Municipal Corporation ® Non-Profit Corporation ^ Business Corporation ^ Sole Proprietorship Other (specify) State of Incorporation: MO Date of Incorporation: 1. ACCEPTANCE: Company agrees to sell and Buyer agrees to purchase the fire apparatus ("Apparatus") described in the Specifications incorporated as Exhibit A of this contract, as may be amended in writing, and the equipment listed herein, all in accordance with the terms and conditions set forth herein. 2. DELIVERY SCHEDULE: The Apparatus shall be ready for delivery F.O.B. at Riverside. MO approximately 325 days after receipt of ®Contract ^ Chassis subject to extension due to changes made by Buyer or in accordance with Sections 5 or 12 below. 3. PRICE: Buyer shall pay to Company as the Purchase Price for the Apparatus the sum of This purchase price includes the following taxes: $189.494.00 Any applicable taxes not specifically noted above will be paid by the Buyer directly, or will be added to the Purchase Price and paid by Company. If Buyer claims exemption from any tax, Buyer agrees to promptly furnish the applicable exemption certificate(s) and to indemnify and .. ,~ ¶, I i T ., .., ~ -. save Company harmless from any such tax, Interest or penalty, which may at any time be assessed against Company as a result of this transaction. 4. TERMS OF PAYMENT: Terms of payment shall be: (A) Due upon signing ...........................................$ 0.00 Due upon completion/receipt of chassis...$ 4 477.20 Due upon delivery ................................$ 148016.80 (B) Check applicable method of payment for remaining balance due: ~ Cash/cash equivalent at time of delivery Installment Sales Contract -Financing* Q Lease-Purchase Agreement -Financing* * Lender/Leasing Company: (C) No payment of any amount due under this Agreement shall be made directly to a KME Sales Representative without prior written approval from Company. 5. CONTINGENCIES: Company will not be liable for any delay, failure to make delivery, or other default due to strikes or labor unrest, war, riot, federal, state or local government action, fire, flood or other disaster or acts of God, accidents, breakdown of machinery, lack of or inability to obtain materials, parts or supplies, or any other causes or circum$tances beyond the reasonable control of Company which prevent or hinder Company's manufacture and/or delivery of the Apparatus. 6. WARRANTY: Company provides a limited warranty on new Apparatus of its own manufacture in accordance with the warranty terms set forth in the Specifications. EXCEPT TO THE EXTENT PROHIBITED BY LAW, COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF SEE SEPARATE WARRANTY STATEMENT(S) FOR COMPLETE INFORMATION. 7. DISCLAIMER OF CONSEO ~FNTIAL DAMAGES: COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY BE SUSTAINED BY BUYER, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM THE USE, INABILITY TO USE, MAINTENANCE OR REPAIR OF THE APPARATUS, WHETHER UNDER THEORIES OF BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. 2 i ,~ n. ~ i T 8. CANCELLATION: This contract is not subject to cancellation by Buyer, unless for material breach by ',Company, except upon payment to Company of reasonable cancellation charges, which shall take into account expenses already incurred and commitments made by Company and Company's anticipated profit. 9. ENTIRE AGRE MENT• AM DMENTS: This contract includin its a the entire understanding between the parties relat(ng to the subject mattercontained herein and merges all prior discussions and agreements between them. No agent or representative of Company has authority to make any representations, statements, warranties or agreements not herein expressed. All modifications or amendments of this contract, including the appendices, and Change Orders, must be in writing signed by an authorized representative of each of the parties hereto. 10. SEVERABILITY: If any provision hereof shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this contract shall be construed as if the invalid, illegal or unenforceable provision had never been contained in it, unless to do so clearly negates the overall intent or purpose of the parties in entering into this contract. 11. CHANGES IN COMMERSTAL SPECiFTr'e•rt NS: Specifications for all commercial components of the Apparatus, manufactured by companies other than KME, are subject to change without notice. Specifications for such components will be as available at the time of manufacture of the Apparatus. Company shall not be liable for any specification deviations from the original contract specifications on such components made by their original manufacturer. 12. CHANGES IN REGULATIONS/INDUSTRY STANDARDS The Purchase Price is subject to adjustment for changes to the Apparatus necessitated by changes in applicable government regulations (such as FMVSS or emissions regulations), industry standards (such as NFPA standards), replacement of discontinued models or components from vendors, or freight charges. Buyer is responsible for any cost increases due to such changes beyond Company's control. 3 1 ,i ¶,1 r T .. EXPLANATION OF C NT ACT AMOUNT BASE BID PRICE: $ 1$9494.00 Holmatr o Lift 'na Air Baac H l ~~en 00 o mart o Re scue Toolc_______ era ,~~,~ ~~ Airshore Art Lite Stabilization ~~ ~2 295 00 CONTRACT TOTAL WITH SELECTED OPTIONS: $0.00 4 t ,i ¶.1 ~ T -~~"~ l- ecuted moused this Agreement to be ex .. er and Gempeny day of 1~-~~ 200Sa-.. IN Wz^rzyESS WHEREOF, guy py xt,elr duly authorizetl representatlves this z1s~-~ (Butt er s ~i~J eme; By : ~. .- . 8Y ~ ion ar 11t1e: . T'tCle: Mayor Pro Tem i3y ~r~- t3y ~ 71t1e: 71tie: ga)es Representative: h11 A ~a rlre Acnar 1: c' Organization Name: 7~-~-• n~ gy: 71de: This contract is not a valid and binding obligation until approved, dated and executed by Kovatch Mobile Equipment Corp., Nesquehoning^ PennSYlvariia. ACCEPi"ED AND APPROVEC) BY K(]Vp,"fCH MpBJ.tE EQUIPMENT CORP.: 6y: ~~~~ Ttti~~..f a~-~h° Date: , ~ `~'~ ~t~1 5