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Home My WebLink About2009-136 - Trail emergency phoneBILL N0.2009-136 ORDINANCE NO. 2009-136 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE ENERGY SAVINGS STORE TO PURCHASE AN EMERGENCY PHONE FOR THE MISSOURI RIVERFRONT TRAIL BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: (1) The Mayor is hereby authorized to sign in behalf of the City the attached agreement with the Energy Savings Store to purchase an emergency phone for the Missouri Riverfront Trail. (2) This ordinance shall be in full force and effect immediately upon passage. ADOPTED AND APPROVED by the Board of Aldermen and Mayor of the City of Riverside, Missouri, this 1st day of October, 2009. APP OVED: ~ie~i~C ,R.a~ MAYOR KATHLEEN L. ROSE A TE Ci Clerk Solar PV System Purchase Agreement The Energy Savings Store 15209 W. 99`h Street Lenexa, KS 66219 Quote 2009-914 Phone: 913-495-9434 Fax: 888-511-0822 Rep: Susan Brown E-Mail susanbQtheenergysavingsstore.com City of Riverside Meredith Hauck Phone: (816) 741-3993 Date: 9/12/2009 2950 NW Vivion Rd Pte' Riverside, MO Email: _ _ _ _ _ _ _ _ 1 ne >/nergy Savtngs Stores proposes to furnish all equipment for a Solar Talk-A-Phone Emergency Phone. As;gumntions The following assumptions were used in preparing the pricing: • Equipment will be delivered to 2950 NW Vivion Rd, Riverside, MO; • The Solar Talk-A-Phone Emergency Phone is configured as follows: o Standazd Tower -ETP-MT/R OP Solar o Phone Configuration -One Button: EMERGENCYNoice Identification - ETP 400V o Wireless Communications -ETP-CI/CDMA o Solar Panel and Battery -Solar C • The Energy Savings Store will be responsible for delivering all products as described in this purchase agreement. Terms And Conditions The following items aze the terms and conditions related to this proposal. • Upon signing of a contract a payment of 50% is required to order equipment ; • The remaining 50% payment is due upon delivery; • All equipment is covered by the manufacturer's warranty; • A 25% restocking fee will be applied for all returned products. PRICING All pricing is valid for 30 days from the date of this proposal. Solar Talk-A-Phone Emergency Phone Item Description Quantity Total Standard Tower -ETP-MT/R OP Solar ~ 1 Phone Configuration -One Button: EMERGENCYNoice Identification -ETP 400V 1 Wireless Communication-ETP-CI/CDMA ~ 1 Solar Panel and Battery - Solar C ~1 9/18/2009 I The Energy Savings Store Solar PV System Purchase Agreement Total ~- $10,051.59 ~ Shipping billed actual(only an estimate) ~ I $500.00 ', A formal engineering change order will be issued for all changes required after acceptance of the proposal by the Buyer. In the event that the purchase price is not timely paid, in addition to its other remedies, Seller may impose, and Buyer shall pay, a late payment charge equal to one percent (1.5%) of the overdue amount each month. Snippine All shipping of the system components to job site will be coordinated 6y Seller. Buyer has the option to inspect all components at the job site. Ri¢ht of Inspection. Provide a manifest of all materials. IdentiScation of Goods. Identification of the Goods shall not be deemed to have been made until both Buyer and Seller have specified that the Goods are to be appropriated to the performance of this Agreement. Warran Seller wanants that the Goods shall be free of all liens and encumbrances at the time of delivery, except for any lien or encumbrance created or permitted to be created by Buyer. Seller warrants that it is the owner of the Goods or otherwise has the right sell the Goods and otherwise perform. Seller's obligations set forth in this Agreement and neither knows, nor has any reason to know of the existence of any outstanding title or claim of title hostile to the rights of Seller in the Goods. Seller also warrants that the System shall be of good material and workmanship and free of defects for a period of 1 years following acceptance by Buyer. if any of the System sold hereunder do not conform to this limited warranty, Buyer shall notify Seller not more than five days following the end of the warranty period and for any Goods that do not conform to this warranty, Buyer's sole remedy, and Seller's sole obligation, shall be to replace the defective Goods at Seller's expense. EXCEPT AS SET FORTH HEREIN, SELLER MAKES NO WARRANTY TO BUYER WITH RESPECT TO THE GOODS, AND BUYER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Transfer of Title Title to and ownership of the goods shall not pass from Seller to Buyer until Buyer has paid in full the purchase price to Seller. Limitation of Liability. 9/18/2009 2 The Energy Savings Store Solar PV System Purchase Agreement In no event shall Seller be liable for any special, indirect, incidental or consequential damages arising out of or connected with this Agreement or the Goods, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall Buyer's damages exceed the amount of the purchase price of the Goods. Taxes. Buyer shall pay or reimburse Seller as appropriate for any sales, use, excise or other tax imposed or levied with respect to the payment of the purchase price for the Goods or the conveyance of title in the Goods to Buyer. In no event shall Buyer be responsible for any tax imposed upon Seller based upon Seller's income or for the privilege of doing business. Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. Termination Buyer may also terminate this agreement within 3 days of signing this agreement. Seller may impose a 25% restocking fee for any materials that have been ordered and delivered within this 3 day period. Should the Buyer elect to terminate this agreement after the 3 day period, Buyer will be liable for the cast of all equipment, materials and labor described in this contract. Governing Law This Agreement shall be construed and enforced in accordance with the laws of the state of Missouri. Force Maieure The Seller's performance of delivery, warranties, operations and maintenance, and production guarantees as set for in this Agreement may be excused for the period and only for that period of reasonable delay which is due exclusively to causes beyond the control and without any fault of the Seller, including but not limited to acts of God, wind storm, tornado, heavy rain, extreme temperatures, earthquake, war, insurrection, terrorism, fire and/or flood as well as the external technical and commercial risks associated with failure to perform. Dispute Resolution The parties agree to submit any dispute to voluntary mediation to be conducted in Missouri, prior to the commencement of any judicial action. The method of mediation shall be determined by mutual agreement Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 9/18/2009 3 The Energy Savings Stare Solar PV System Purchase Agreement Severability If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. Headings Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. Conf-dentiality The information in this proposal is confidential and may not be shared with third parties without the written permission of The Energy Savings Store. Acceptance The City agrees to pay the amount mentioned in this proposal in accordance with the terms of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. The Energy Savings Store By: ~~•~.~ F. S ~.u, Robert E.Solger President City of Riverside s>: Date: 1u • j'- c: Date: / ~ ~ ~~l 9/18/2009 4 The Energy Savings Store Solar PV System Purchase Agreement ETP-MT/R OP SOLAR Description Solar Towers are designed to integrate with a cellular or radio frequency Talk-A-Phone Emergency Phone to provide a reliable, completely wireless Emergency Phone Station for locations where local power is not available. Features '' Attention-getting Blue Light/Strobe included and mounted atop unit: Ultrabright blue LED-based light is continuously lit Strobe is activated when button is pressed and flashes for duration of call ' Faceplate is lit at all times by long-lasting LEDs Designed to resist extreme weather conditions ' Variety of lettering and color choices available s Optional feature allows Emergency phone to call out if batteries run low ' Provides power to either RF NOIP-1) or Cellular Interface '~ Solar panels and batteries are sized according to installation location Batteries and charger mount cleanly inside tower Tower is highly vandal resistant and highly visible Specifications Dimensions: 120(3048) H x 12(305) W x 10(254) D with 2(51) radius comers in(mm), height does not include mast Weight: 410 lbs. (186 kg) for empty tower Construction: 0.25" (6.3mm) steel with multi-coat rust inhibitive coating Paint Color: Click here for a chart of our standard paint colors Lettering Color: Click here for a chart of our standard lettering colors Mounting: Mounts into concrete foundation using included hardware (shipped in advance). Mouting options available for shorter foundations and pre-poured decks. Compliance: CSA Certified to UL Standard 60950 ETP-MT1R OP SOLAR shown with ETP-400 and SOLAR-C 9/18/2009 5 The Energy Savings Store