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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