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HomeMy WebLinkAboutRes.2047.03-07-2005BILL NO. 05-54 RESOLUTION NO. Q`11 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BANNER FIRE EQUIPMENT, INC., FOR THE PURCHASE OF THREE FIRE ENGINES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Banner Fire Equipment, Inc., for the purchase of three fire engines. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS -i Y' DAY OF ���i 1��"�ti 20 Of) . ay Knudtson, Mayor BANNER FIRE EQUIPMENT, INC. AGREEMENT This agreement is made between Banner Fire Equipment, Inc., 4601 Hedge Road, Roxana, Madison County, Illinois 62024 ("Company") and the City of Cape Girardeau, 401 Independence, Cape Girardeau, Missouri. 63702. ("Buyer"). 1. The Company agrees to sell and the Buyer agrees to purchase the fire apparatus and equipment (Apparatus) described in the Company's Proposal and the Specifications attached hereto and hereby incorporated herein, all in accordance with the terms and conditions of this Agreement. In the event of any conflict between the Company's Proposal and the Buyer's Specifications, the Company's proposal shall prevail. 2. The Apparatus shall be delivered F.O.B. Roxana, Illinois after execution of this Agreement by Buyer and the receipt and execution of same by the Company at its offices in Roxana, Illinois, approximately 270-300 calendar days after receipt of order. It is agreed that such delivery is subject to delays caused by strikes, inability to obtain materials, and other causes beyond control of the Company. Buyer agrees to pay a Purchase Price of One Million Two Hundred Fifty Seven Thousand Nine Hundred Eighty Five Dollars and No Cents ($1,257,985.00). Unless otherwise specified, this Purchase price is exclusive of all Federal, State or local taxes of any nature. Any such taxes are the sole responsibility of the Buyer unless specifically added to the Purchase Price, at which time they will be paid by the company; provided, however, if the Buyer claims exemptions from any tax, Buyer agrees to furnish the applicable exemption certificate to the Company and to hold the Company harmless from any damage which may result from the company ultimately having any such tax assessed against it. Buyer agrees that the terms of payment shall be cash due upon pick-up at Ocala, Florida. If other than cash due upon pick-up, check the appropriate box. [X] Other: Cash due upon pick up at Roxana, Illinois. [ ] Financing through Federal Signal leasing. The Company and Buyer agree that title shall remain with the Company until the Purchase Price is paid in full. In the event of default by the Buyer, the Company has the right to take possession of the Apparatus and all payments made by the Buyer shall be applied as rent for use of the Apparatus until the date of retaking by the Company. 4. Each new item of apparatus is warranted against defects in material and workmanship, for a period of one year from the date of delivery to the original user/purchaser, all in accordance with the Manufacturer's preprinted Statement of Warranty which is either attached to the Agreement or has otherwise been delivered to Buyer. Buyer hereby acknowledges receipt of the Manufacturers preprinted Statement of Warranty. These warranties are in lieu of all other warranties express or implied, including without limitation any implied warranties of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANNER FIRE EQUIPMENT, INC. 5. The parties to this Agreement designate, Chief Rick Ennis (Phone:573-334-3211) as representative of the Buyer and Michael J. Benker (Phone: (888) 226-3473) as a representative of the Company for communications regarding this Agreement. 6. This Agreement, including its attachments and exhibits, constitutes the entire understanding between the Parties relating to the subject matter contained herein and merges all prior discussions and agreements. No agent or representative of the Company has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this agreement, including its attachments and exhibits, must be in writing signed by an authorized representative of each of the parties hereto. 7. The Agreement shall not constitute a valid and binding obligation of the Company until accepted in writing by an officer of the Company at its offices in Roxana, Illinois. When requested by the Company, the Buyer shall furnish a satisfactory written opinion of the Buyer's attorney that the Buyer has the power to make the Agreement, that the individual signing is authorized to sign on behalf of the Buyer, and that this Agreement is a valid, legal and enforceable obligation of the Buyer. 8. This agreement shall provide a prepayment incentive based on 4.5% per day from 5 business days after prepayment until the apparatus are completed at the manufacturing facility. This prepayment calculation shall amount to $ 12.33 per day per $100,000.00 pre paid. IN WITNESS WHEREOF the Company and the Buyer have caused this Agreement to be executed by their duly authorized representatives as of the date set forth by each. BUYER: City of Cape Girardeau BY: COMPANY: BANNER FIRE EQUIPMENT, INC. By: a /�- 1'-'/ Michael Be er Title: ef t,i ()X'Vy1C- r Title: Date: 34-65 Dealer Principal Date: && V j