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HomeMy WebLinkAboutOrdinances Book 12, Page 263, No Ordinance NumberAN ORDINANCE PROVIDING FOR THE PURCHASE OF ONE (1) AMERICAN LA FRAJCE "INVADER' S.EiI-CAB TYPE, 750 G.P.M. PIMP AND HOSE CAR WITH 300 GAILON BOOSTER TAiTK, :7ITII All EiXLOSED CAB, FROI:I THE Ai'iiERICAN-LA FRANCE-FOAT:IITE CORPORATION OF ELMIRA, NE;"I YORK, FOR THE SLMI OF 5?16,000; AUTHORIZING STUART JOHNSTON, THE P,IAYOR, TO ENTER INTO A CONTRACT FOR THE PURCHASE OF SAID PUT -1P AILD HOSE CAR; AMID PRESCRIIiIIIG THE TERMS AND CONDITIONS 0 ` THE CONTRACT OF SALE 'iHEREAS, the American-LaFrance-Foamite Corporation has agreed to sell to the Cil of Paducah, subject to the teras and conditions hereinafter set out, one American LaFrance "Invader" semo-cab type 750 CPi:I Pump and Bose Car, with 300 gallon booster tank and enclosed cab, for the sum of (16,000; and INHEREAS, the bid of said corporation is the loviest and best bid which has been submitted; NOW TEEREFORE,..BE IT ORDAINED BY THE BOARD OF C O_'ZIISSIONERS OF TirIE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the offer of the American-LaFrance-Foamite Corporation of Elm Few York, for the sale to the City of Paducah, of one American-LaFrance "Invader" semi -cab type 750 G.P.M. Pump and Hose Car, with 300 gallon booster tank for the sum of :'15,250 and the offer of said company to sell to the City of Paducah said pump and hose car with the cab enclosed for an additional consideration of .;350, the purchase price of the entire unit to be :;16,000, be, and the same is hereby, accepted upon the condition that said company will enter into and execute with the City of Paducah a contract containing the follovinE terms, conditions and agree- ments: "That the Seller, (meaning the Amer ican-LaFrance-Foamite Corporation) hereby agrees to sell to the City (meaning the City of Paducah) one American LaFrance "Invader" semi cab type 750 G. P.I'.'. Pump and Hose car with 300 gallon booster tank, and with an enclosed cab, for the sum of :16,000, and said Pump and Hose Car when delivered to the City shall conform -to the specifications hereto attached, the same being marked for identification "Amer ican-LaFrance-Foamite Corporation Exhibit No.l' and they shall also meet the requirements set forth in the specifications contained ins. resolution adopted by the Board of Commissioners on January 9, 1951, with the exception of the number of cylinders specified therein, a certified copy of said resolution being also filed herewith and made a part of this contract to the same extent as if fully copied herein, the same being marked for identification "City's Resolution, ',xhibit No. 2". The purchase price for said Pump and Bose Car shall be paid in cash when it has been delivered to and accepted by the City. As a further consideration of the agreement of the City to pay the sum of 5!16,000 for the aforesaid unit, the Seller does hereby agree: ly �, .. 2:�J 264 To guarantee said unit for a period of five years from the date of delivery and to furnish the city, without cost, except transportation, any parts to replace parts that have failed, providinZ that such parts are returned to the Seller's factory within thirty days after the date of failure, transportation prepaid, and th( failure is the result of defective material or inferior workmanship. Provided, however, the foregoin., guarantee as to the rubber tires is limited to the guarantee of the manufacturer thereof and it shall b3 the duty of the City to obtain, if possible, a guaranty from the manufacturer of said tires; and provided further that storage batteries, electric lamps and other devices subject to deterioration shall also be excluded from the guarantee provided under this contract of sale. To deliver said Pump and dose car not later than 200 calendar days from the date of this contract and to execute and deliver to the City simultaneously with the execution of this contract a bond in the sum of :,;2,000 conditioned upon the faithful performance of the provisions herein and providing; that in the event said Pump and '-lose Car shall not be delivered to the City within said period, as a result of any delay other than that caused by strikes, lockouts or other labor troubles, fire, war tornado, flood or other unavoidable casualty beyond the control of the Seller, this contract and all rights acquired by the Seller thereunder shall be cancelled and forfeited, and the suin of }2,000 shall be paid to the City as liquidated damages for its breach. Said bond shall be in form and substance and have corporate surety approved by the City Pv;anager. Said Pump and Hose car shall be sold, assigned and transferred to the City free and clear of all liens and encumbrances of every kind, and under the instrument of the Pill of Sale or other instrument of conveyance the :;•ellor will covenant that it is the sole owner of said property and has full right and power to transfer the title to the same. It is understood and agreed that the aforesaid unit is to be chipped f.o.b. Elmira, New York, with freight paid by the Seller to destination, and that the title thereto shall remain vested in the Seller until the acceptance of said unit after its arrival in Paducah, Kentucky. The ;eller shall furnish a competent demonstrator upon request and for a reasonable period to demonstrate said Pump and Diose Car to the City, and to give its employees the necessary instructions in the operation and handling thereof. In case such demonstration is requested, then such demonstration shall be held to be made solely by and under authority and direction of the City. In case the City desires to test said unit before payment is made, such tests shall be made within ten days after arrival at destination, and a written report of such tests forthwith delivered to the Seller at its principal office at Elmira, New York. If no such tests be made, or if no such report be made by the City within ten days after arrival, then said unit shall be considered fully complying with the contract and specifications. FII"NESS our hands and off inial seals this _ day of January, 1951. 11 AT l3T: 1 ATTEST: -- CITY OF PADUCAH By Ilia yor —�'"- Ail'IERICAN-LAFRANCE-FOAMITE CORPORATION (Title I T—_ By � SECTION 2. That Stuart Johnston, the I.Iayor of the City of Paducah, is hereby authorized, for and on behalf of the City of Paducah to enter into and execute the foregoing contract containing the terms, conditions and specifications under which said unit shall be purchased. SECTION 3. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file for public inspection one week in the completed form in which it shall be put upon its final passage. In order to protect the City of Paducah and its citizens against loss by fire, said unit should -be made available for use at the earliest possible date, and as it is necessary to immediate] place an order for the purchase of said unit, an emergency is hereby declared to exi,, and this ordinance shall be in full force and effect from and after its adoption. 4 / Ma or Introduced by the Board of Commissioners January 30, 1951 Passed by the Board of Commissioners February 6, 1951 Recorded by Sarah Thurman, City Clerk, February 6, 1951.