R-79-234 - 9/13/1979and
RESOLUTION NO. ,,t5 1 7//e
WHEREAS, there is a need for a new fire truck to serve
the citizens of Round Rock, and
WHEREAS, the voters have approved the issuance of bonds
to purchase a new fire truck, and
WHEREAS, a request for bids for the purchase of a new
fire truck was duly published, and
WHEREAS, Emergency One, Inc. submitted the lowest and
best bid, which bid was approved and accepted by the City Council,
WHEREAS, the Council now wishes to enter into a contract
with Emergency One, Inc. for the pruchase of the new fire truck,
NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT
I.
The Mayor is hereby authorized and directed to execute
on behalf of the City a contract with Emergency One, Inc. for the
purchase of a new fire truck, a copy of said contract being
attached hereto and incorporated herein for all purposes.
RESOLVED this /3 day of September, 1979.
ATTEST:
FOR City of Round Rock
214 -371 -3474
214 E. Main St.
QUOTATION VALID 120 -180
RESPECTFULLY SUBMITTED,
BY
SUPERIOR SOUTH EST, INC.
3910 E. Overton Road
DALLAS, TEXAS 75216
FIRE APPARATUS PROPOSAL
DAYS
DATE 8 -30. 19 79
Round Rock Williams Texas 78664
CITY COUNTY STATE ZIP
DELIVERY DAYS, F.O.B. Round Rock
FEDERAL, STATE AND LOCAL TAXES ARE NOT INCLUDED.
PLEASE DATE, EXECUTE AND RETURN TWO COPIES OF THE CONTRACT AND
PROPOSAL SPECIFICATION TO US AT THE ADDRESS BELOW.
CONTRACT
THIS AGREEMENT, MADE IN DUPLICATE BY AND BETWEEN SUPERIOR SOIEMNEST,INC,
EMERGENCY ONE, INC., PARTY OF THE FIRST PART, HEREINAFTER CALLED
THE COMPANY, AND City of Round Rock
BY ITS AUTHORIZED REPRESENTATIVES, PARTY OF THE SECOND PART,
HEREINAFTER CALLED THE BUYER,
WITNESSETH AS FOLLOWS
1. THE COMPANY AGREES TO SELL, UPON THE CONDITIONS WHICH ARE
BELOW WRITTEN, THE APPARATUS AND EQUIPMENT, ALL OF WHICH ARE TO
BE IN ACCORDANCE WITH THE SPECIFICATIONS PAGE THROUGH
PAGE ATTACHED, AND WHICH ARE MADE A PART OF THIS'AGREEMENT
AND CONTRACT. IN CASE BOTH COMPANY SPECIFICATIONS AND BUYER'S
BID SPECIFICATIONS ARE INCORPORATED AND ARE IN CONFLICT, THE
COMPANY'S SPECIFICATIONS SHALL APPLY.
2. THE SAID APPARATUS AND EQUIPMENT SHALL BE COMPLETED BY THE
COMPANY WITHIN APPROXIMATELY 120 -180 DAYS AFTER THE EXECUTION OF
THE CONTRACT BY THE BUYER AND THE RECEIPT AND ACCEPTANCE OF THE
SAME BY THE COMPANY, AT THE COMPANY'S OFFICE AT OCALA, FLORIDA,
SUBJECT NEVERTHELESS TO DELAYS DUE TO STRIKES, MATERIALS, AND
OTHER CAUSES BEYOND ITS CONTROL, AND SHALL BE ACCEPTED BY BUYER
F.O.B. Round Rock, Texas , PLUS ALL FEDERAL AND STATE
TAXES WHICH ARE ASSESSED ON OR MAY BECOME OPERATIVE WITH RESPECT
TO THE SUBJECT MATTER HEREOF, BEFORE FINAL ACCEPTANCE BY THE
BUYER. IF PRODUCT IS EXEMPT FROM TAXES, UPON THE PROPER EXECUTION
OF AN EXEMPTION CERTIFICATE, THEN IT IS THE DUTY OF THE BUYER TO
FURNISH SUCH PROPERLY EXECUTED EXEMPTION CERTIFICATE TO THE COMPANY
IN ORDER THAT SUCH TAXES BECOME TAX EXEMPT.
3. COMPLETE OPERATION INSTRUCTIONS AND HANDLING INSTRUCTIONS SHALL
BE FURNISHED BY THE COMPANY AT THE TIME OF ACCEPTANCE OF SAID
APPARATUS AT OCALA, FLORIDA. IN THE EVENT THAT FULL ACCEPTANCE
TESTS ARE REQUIRED AT THE BUYERS LOCATION, SUCH TEST SHALL BE MADE
WITHIN FIVE (5) DAYS AFTER ARRIVAL AT DESTINATION, AND A WRITTEN
REPORT OF SUCH TEST RESULTS FORTHWITH DELIVERED TO THE COMPANY AT
OCALA, FLORIDA. IF NO SUCH TEST BE MADE, OR IF NO SUCH REPORT BE
MADE BY THE BUYER WITHIN'FIVE (5) DAYS AFTER ARRIVAL, THEN SAID
APPARATUS AND EQUIPMENT SHALL BE CONSIDERED AS FULLY COMPLYING
WITH CONTRACT AND SPECIFICATIONS.
4. IF MORE THAN ONE PIECE OF APPARATUS IS COVERED BY THIS CONTRACT
AND THE PIECES ARE SHIPPED AT DIFFERENT DATES, THE ABOVE TERMS OF
PAYMENT SHALL APPLY TO EACH PIECE OR SHIPMENT AND AN INVOICE COVERING
EACH PIECE OR SHIPMENT SHALL BE RENDERED.
PAGE A
CONTRACT CONTINUED
5. ALL CONTRACTS ARE TAKEN SUBJECT TO THE WRITTEN ACCEPTANCE
OF EMERGENCY ONE, INC. BY AN OFFICER OF THE COMPANY, AND WRITTEN
NOTICE TO THAT EFFECT GIVEN TO THE BUYER. WHEN REQUESTED, THE
BUYER SHALL FURNISH SATISFACTORY OPINION OF THE CITY OR TOWN
ATTORNEY AS TO THE POWER OF THE MUNICIPALITY TO MAKE THE CONTRACT,
AND THAT THIS CONTRACT IS VALID, LEGAL AND AN ENFORCEABLE OBLIGA-
TION OF THE MUNICIPALITY.
6. WARRANTY: WE WARRANT EACH NEW PIECE OF FIRE AND RESCUE
APPARATUS TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP
UNDER NORMAL USE AND SERVICE. OUR OBLIGATION UNDER THIS WARRANTY
IS LIMITED TO REPAIRING OR REPLACING, AS THE COMPANY MAY ELECT, ANY
PART OR PARTS THEREOF WHICH SHALL BE RETURNED TO US WITH TRANSPOR-
TATION CHARGES PREPAID AND AS TO WHICH EXAMINATION SHALL DISCLOSE
TO THE COMPANY'S SATISFACTION TO HAVE BEEN DEFECTIVE, PROVIDED THAT
SUCH PART OR PARTS, SHALL BE RETURNED TO US NOT LATER THAN ONE (1)
YEAR AFTER DELIVERY OF SUCH VEHICLE. SUCH DEFECTIVE PART OR PARTS
WILL BE REPAIRED OR REPLACED FREE OF CHARGE. THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ALL OTHER REPRE-
SENTATIONS TO THE ORIGINAL PURCHASER AND ALL OTHER OBLIGATIONS OR
LIABILITIES, INCLUDING LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGE
ON THE PART OF THE COMPANY. WE NEITHER ASSUME ANY OTHER WARRANTY
OR LIABILITY ON THE COMPANY'S BEHALF UNLESS MADE OR ASSUMED IN -
WRITING BY THE COMPANY. THIS WARRANTY WILL NOT APPLY TO THE FOLLOWING:
A. TO NORMAL MAINTENANCE SERVICES OR ADJUSTMENTS.
B. TO ANY VEHICLE WHICH SHALL HAVE BEEN REPAIRED OR ALTERED
-- OUTSIDE OF OUR FACTORY IN ANY WAY SO AS, IN OUR JUDGEMENT,
TO AFFECT ITS STABILITY, NOR WHICH HAS BEEN SUBJECT TO MISUSE,
NEGLIGENCE, OR ACCIDENT, NOR TO ANY VEHICLE MADE BY US WHICH
SHALL HAVE BEEN OPERATED AT A SPEED EXCEEDING THE FACTORY
RATED SPEED, OR LOADED BEYOND THE FACTORY RATED LOAD CAPACITY.
C. TO CHASSIS AND ASSOCIATED EQUIPMENT FURNISHED WITH CHASSIS,
SIGNALING DEVICES, GENERATORS, BATTERIES, PUMPS, ALL PURCHASED
PARTS OR OTHER TRADE ACCESSORIES INASMUCH AS THEY ARE USUALLY
WARRANTED SEPARATELY BY THEIR RESPECTIVE MANUFACTURERS.
7. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES WHICH MAY BE SUSTAINED BY THE BUYER, INCLUDING BUT
NOT LIMITED TO THOSE ARISING FROM THE USE, INABILITY TO USE, MAINTE-
NANCE OR REPAIR OF THE APPARATUS, WHETHER UNDER THEORIES OF BREACH OF
EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
PAGE B
CONTRACT CONTINUED
8. ENTIRE AGREEMENT; AMENDMENTS: THIS AGREEMENT, INCLUDING ITS
APPENDICES, EMBODIES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES
RELATING TO THE SUBJECT MATTER CONTAINED HEREIN AND MERGES ALL
PRIOR DISCUSSIONS AND AGREEMENTS BETWEEN THEM. NO AGENT OR REPRE-
SENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO MAKE ANY REPRESENTA-
TIONS, STATEMENTS, WARRANTIES OR AGREEMENTS NOT HEREIN EXPRESSED,
AND ALL MODIFICATIONS OR AMENDMENTS OF THIS AGREEMENT INCLUDING
THE APPENDICES, MUST BE IN WRITING SIGNED BY AN AUTHORIZED REPRE-
SENTATIVE OF EACH OF THE PARTIES HERETO.
9. PAINTING OF APPARATUS FURNISHED BY THIS CONTRACT SHALL BE
DUPONT IMRON DIAMOND "T" RED NO. 20726 UNLESS SPECIFIED BELOW.
MAKE Ford COLOR Red COLOR NO. 20726
10. LETTERING (OPTIONAL) TO BE GOLD LEAF. SIZE OF LETTERS AND
LAYOUT ARE TO BE LEFT TO THE DISCRETION OF THE ARTIST UNLESS A
COLOR POLAROID PICTURE IS ATTACHED TO THIS CONTRACT OR LAYOUT AND
A DESCRIPTION IS ILLUSTRATED BELOW.
LETTERING DESCRIPTION:
PAGE C
11. PUMP IS TO BE Single STAGE, 250 GPM FOR USE
AT ALTITUDE.
12. THREADS SUPPLIED IN THIS CONTRACT WILL BE N.S.T. UNLESS
THREAD INFORMATION IS FILLED OUT BELOW.
1 INCH THREAD
1 -1/2 INCH THREAD
2 -1/2 INCH THREAD
HYDRANT STEAMER THREAD
SUCTION TUBE THREAD
13. THE BUYER AGREES TO PAY AS PURCHASE PRICE FOR THE APPARATUS
ACCEPTED AS AFORESAID, FOR THE SUM OF FORTY THOUSAND AND no /100 --
DOLLARS ($ 40,000.00 ) TO BE PAID TO SUPERIOR SOUTHFIEST INC. IN
THE MANNER AS STATED BELOW.
TERMS OF PAYMENT TO BE : Net due upon delivery of apparatus .
WITH INTEREST THEREAFTER AT THE RATE OF 1- 1/27,, PER MONTH.
IN WITNESS WHEREOF, BUYER AND COMPANY HAVE CAUSED THIS CONTRACT TO
BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVE THIS
DAY OF , 19
DEALER Superior Southwest, Inc. CITY OF ROUND ROCK
BUYER'S REGISTERED NAME
SALESMAN /it! M4)
CONTRACT CONTINUED
EMERGENCY ONE, INC.
1216 S.W. 6th AVENUE
UA. FLORIDA 32670
U.S.A. ) ! CHIEF Ben Bustin
/ I /
(SEAL) BY / � Z�Z , vin PHONE NUMBER
TITLE /ha,( ) Q
DATE q-13- r I l
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