Resolution 10161CITY OF ALAMEDA RESOLUTION NO. 10161
AUTHORIZING PURCHASE OF A CUSTOM PUMPER FOR THE FIRE
DEPARTMENT FROM MACK TRUCK, INC. AND ACCEPTING
PROPOSAL AS AGREEMENT
WHEREAS, it has been determined that the custom pumper
required by the Fire Department can be acquired at a considerable
savings to the City by a negotiated purchase on the open market;
and
WHEREAS, proposals were requested and, following price
negotiations, the lowest and best bid was submitted by Mack
Truck, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that pursuant to Section 3-15 of the City Charter the
purchase of a custom pumper for the Fire Department is hereby
authorized; and
BE IT FURTHER RESOLVED that the proposal of Mack Trucks,
Inc. dated August 8, 1983, a copy of which is attached, to supply
One (1) CF686F 1500 GPM Mack Custom Pumper is hereby accepted
and the City Manager is authorized to execute said proposal on
behalf of the City,
BE IT FURTHER RESOLVED that said proposal and this acceptance
shall constitute the contract of the parties hereto.
NOTE:
Lease Purchase
Contract avail-
able - 7 years
9-1/4% Simple
FIRE APPARATUS CONTRACT
THIS CONTRACT made by and between MACK TRUCKS, INC., of Oakland,
California
"Company") and Alameda Fire Department
of ...... City of Alameda, California
(hereinafter called "Buyer").
1. This Contract is tendered by Buyer for acceptance by Company. It is understood that it will not be bind-
ing upon Company unless accepted and signed by a branch manager and authorized home office execu-
tive of Company.
2. Company agrees to sell, subject to the following conditions, and Buyer agrees to buy from Company the
following fire apparatus accessories and equipment:
One (1) CF686F 1500 GPM Mack Custom Pumper
(See attached sheets for additional items)
Deduct - $3,000.00 if factory pick-up desired at Allentown, Pa.
The above-described fire apparatus accessories and equipment shall conform to the proposal, specifications
and guarantees attached hereto and hereby made a D'art af this agreement
3. Delivery is to be ma0e at - _ 1311arns'ots__ .
on or about . ... ... . .
1U-12 months Company shall not be held responsible for any loss,
damage, delay or failure to deliver resulting from any cause which is unavoidable or beyond its reason-
able control, including, but not limited to, fire, flood, natural disaster, strikes by employees of the Com-
pany or by employees of Company's suppliers or labor disturbance, accident, vandalism, riot or insur-
rection, war, any order, decree, law or regulation of any court, government or governmental agency,
shortage of materials, demand ly, failure or interruption of normal transpor-
tation power facilities. .
4. Buyer agrees to pay a cash p ce of $ 1202 636 . 00 ..., hereinafter called the "Cash Price", for
the aforesaid Apparatus and ment. All excise es taxes now or hereafter imposed upon the
manufacture or sale of the equipmen '1Weill'ati rem shall be paid by the Buyer. If this contract covers
more than one piece of apparatus, it is agreed by the parties hereto, that the Buyer shall pay for each piece
in accordance with the terms of payment herein stated and when each piece is delivered and accepted.
5. Payment of the Cash Price shall be made in full within days after delivery and accept-
ance of the Apparatus and Equipment. In the event Buyer defaults in the payment of the Cash Price and
such default continues for a period of ten (10) days or more, then Buyer shall pay Company interest
on the unpaid Cash Price at the highest contract rate permitted by law from the date of the original de-
fault. If this Contract is placed with an attorney for collection, Buyer shall pay the holder reasonable
attorney's fees, plus court costs.
6. It is mutually agreed and understood that Company shall remain the owner and retain the title to the
Apparatus and Equipment until the whole amount of the Cash Price thereof is actually paid and that in
case of any attempt by Buyer to sell, encumber, conceal, remove or dispose of the Apparatus and Equip-
ment before the same shall be fully paid for, Company may take immediate possession and control of
said Apparatus and Equipment without prior notice or hearing, which notice and hearing are expressly
waived.
7. Buyer agrees to furnish Company when requested, with a written statement of Buyer's authority to pur-
chase the aforementioned Apparatus and Equipment, including where appropriate, a copy of the resolution
wherein this Contract was approved or ratified by Buyer's governing organization.
8. COMPANY MAKES NO WARRANTIES AS TO SAID APPARATUS AND EQUIPMENT, EXPRESS,
IMPLIED, OR IMPLIED BY LAW, EXCEPT THE MANUFACTURER'S STANDARD WARRANTY,
A COPY OF WHICH HAS BEEN DELIVERED TO BUYER, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, AND COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY
FOR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY.
9. This instrument contains the entire Contract between the parties, and there are no understandings or rep-
resentations i -
resentations not contained herein. Buyer agrees that all previous communications between Buyer and
Company, either verbal or written, with reference to the subject matter of this contract are hereby
abrogated. Buyer further agrees that no modification of this Contract shall be binding upon Company unless
such modification shall be in writing and agreed to and accepted in writing by an authorized representa-
tive of Company. This contract good for thirty (30) days from date.
WITNESS our hands and seals this 8th August
day of 19 83
(hereinafter called
MACK TRUCKS,
(Buyer) (Seller)
By
Dated •
PRINTED IN U. S. A.
a 15
DiS
By
osep. Graffio
t Manager- re Apparatus Sales
ch Manager)
THIS CONTRACT IS HEREBY ACCEPTED.
MACK TRUCKS, INC.
By
19 Title
947 3M IPC
1. 10:00 X 20 Tires - Michelin
2. Budd Polished Aluminum Disc Wheels - Six (6)
3. Air Horn with floor switch
4. Imron Red Paint with White Top
5. 1200 Watt DC Transformer
6. Two (2) 500 Quartz Lights - Mounting on roof
7. HT 740D Transmission
8. Transmission Oil Gauge
9. Mack EM6 -285 Engine
10. 1500 GPM Waterous Single Stage Pump
11. Electric Pump Shift
12. Waterous Relief Valve Lights
13. Master Warning Switch
14. Back -up Alarm
15. Vernier Throttle Cab
16. 5" Front Suction
17. Front Suction Ross Valve with Drain
18. One (1) Rear Suction with drain
19. Two (2) Rear Discharges with drains
20. Pump Gauges for 2 -1/2 - 1 -1/2 Valve
21. Water Gauge
22. Two (2) Hannay Electric Hose Reel with hose - 250 ft.
23. Two (2) 1 -1/2 Pre - connect Cross Lays with aluminum cover - Large
24. Stainless Steel Pump - Panel right and left side
25. 3" Piping for Deck Gun
26. 3" Tank to Pump Line
...... continued
27. High left side Body Side Compartment with stainless steel angle trim
28. Two point lock
29. Door Spring Holds -like San Jose
30. Jump seat with air bottle bracket - like San Jose - Standard
31. Aero - Dynamic Light Bar with Alley Light - P.A. 300, 100 watt speaker
32. Q2B Siren
33. Two (2) Front Red lights
34. Two (2) Rear 6" Warning lights
35. Captain Individual Seat
36. Two (2) Hose Bed Dividers
37. B.W. Air Dryer with Heater
38. Tinted Glass in Cab
39. 30' and 14' Duo- Safety Ladder Combination
40. 10' Folding Ladder Combination - Alcolight
41. Cab to Tailboard Buzzer - 2 Way
42. One (1) Beaver Tail Door
43,_ Gold Leaf Striping
44. Gold Leaf Lettering
45. Compartment Lights and Warning Light
46. Dome and Canope Lights
47. Aluminum Floor in Cab
48. Chrome Kick Plates - right and left
MACK TRUCKS. INC.
WESTERN REGION
PACIFIC SOUTHWEST DISTRICT
<25 MARKET STREET
OAKLAND, CALIFORNIA 94607
August 29, 1983
Alameda Fire Department
1300 Park Street
Alameda, California 94501
TELEPHONE: 41S-934.7911
Attention: Captain Robert L. Pogue
Subject: One (1) CF686F 1500 GPM Mack Custom Pumper
Dear Captain Pogue:
In accordance with your telephone request this date, we hereby
extend the contract for the subject Mack pumper from the
original 30 day time limit from date of the contract (August 8,
1983) to September 28, 1983.
JJG/ah
vift-UKE
Sincerely,
MACK TRUCKS INC.
.-6RAFF
re/
--"DT TRICT NA0ER
FIRE APPARATUS SALES
A MACK TRUCK
I, the undersigned, hereby certify that the foregoing resolution was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 20th of September, 1983, by
the following vote to wit:
AYES: Councilmembers Hanna, Lucas, Monsef and President Diament - 4.
NOES: None.
ABSENT: Councilmember Gorman - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 21st day of September, 1983.
City Clerk o.� e City" o