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HomeMy WebLinkAbout111389 SUPER VACUUM MANUFACTURING - CONTRACT - AGREEMENT MISC - 9953154SVI TRUCKS SALES CONTRACT Date: April 13, 2009 AGREEMENT This agreement exists between Super Vacuum Manufacturing Co., Inc., hereafter known as (SVI) and Poudre Fire Authority 102 Remington Fort Collins, CO 80524 Hereafter knows as (BUYER) in accordance with the conditions contained below and specifications with addendum attached, which are made part of this contract dated April 13, 2009. This agreement will not be binding until it is accepted in writing by SVI. TERMS OF PAYMENT BUYER agrees to purchase: QTY. MODEL PRICE EXTENSION 1 Refurbish PFA Air/Light Truck $162,925.00 $162,925.00 Price is exclusive of taxes. If the selling price is subject to any tax, the tax added would be that which is prevailing at the time of delivery, unless the proper tax exemption certificate has been duly signed by the proper authority. BUYER agrees to pay SVI the extended price shown above for the completed unit. Total sum shall be paid to SVI at the point of delivery. Delivery shall be defined as the point of time when the BUYER assumes physical possession of the apparatus. Under no circumstances will the vehicle(s) be placed into service until the full payment has been received by SVI. No payments shall be made to any SVI Sales Representative except on presentation, in writing, of an express power of attorney, executed by an officer of SVI, authorizing payment to the Sales Representative on behalf of SVI. If the terms of payment have not been met, the vehicle must be fully insured at the time of delivery and SVI may charge the BUYER the maximum legal interest rate on the unpaid balance. SVI is hereby granted a purchase money security interest in the vehicle and shall retain all rights of an unpaid seller and a secured party under the Uniform Commercial Code until the contract price has been paid in full. If more that one vehicle is covered by this contract and the vehicles are shipped at different dates, the above terms of payment shall apply to each vehicle as a total cost per unit. ACCEPTANCE SVI agrees to sell and the BUYER agrees to purchase the apparatus and equipment described in the Quotation dated April 13, 2009. In any instance, where SVI's Specifications and the BUYER's Specifications are incorporated and are in conflict, SVI's Specifications shall prevail. DELIVERY Delivery of the completed unit shall be F.O.B. from our factory in Loveland, CO within 150 Calendar Days after the order is accepted by SVI. SVI shall not be liable for damages arising from its failure to make or delay in making delivery because of fire, flood, strikes, riot, chassis shortage, accidents, Acts of God, chassis or other supplier delays, or any circumstances or other causes beyond SVI's control. Sales Form #8008 INSPECTION BUYER shall inspect the completed vehicle immediately upon delivery and shall, within thirty (30) days of delivery, give written notice to SVI of any defect. The vehicle shall be deemed accepted if the BUYER fails to provide any such notice within the given time period. The BUYER expressly waives any rights the BUYER may have to revoke acceptance after such thirty (30) day period. WARRANTY SVI warrants each new vehicle, manufactured by SVI, against defects in material and workmanship to the original BUYER, all in accordance with SVI's pre-printed Statement of Warranty which is either attached to the Agreement or has otherwise been delivered to the BUYER. The BUYER hereby acknowledges receipt of SVI's pre-printed Statement of Warranty. ASSIGNMENT The rights and obligations of the BUYER as outlined by this agreement shall not be assigned or transferred without the prior written consent of SVI. SVI may assign to any affiliate, it's parent company, or it's subsidiaries, any and all of it's rights and obligations as outlined by this agreement, but shall advise the BUYER, in writing, of any such transfer. GOVERNING LAW This agreement shall be construed and interpreted and the law of the State of Colorado shall govern its performance. AMENDMENT NO modification, alteration, addition, or change in the terms hereof shall be binding on either party, unless submitted in writing and executed by duly authorized representatives of SVI and the BUYER. DISCLAIMER OF CONSEQUENTIAL DAMAGES SVI 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, maintenance or repair of the apparatus, whether under theories of breach of express or implied warranty, negligence, strict liability, or otherwise. CANCELLATION This contract is subject to cancellation by the BUYER only upon payment to SVI of reasonable cancellation charges, which shall take into account expenses already incurred and commitments made by SVI and SVI's anticipated profit. NOTICES All notices under this agreement shall cancel and supersede any and all prior agreements, understandings, arrangements, promises, representations, warranties, and/or and contract of any form or nature whatsoever, whether oral or in writing and whether express or implied, which may have been entered into prior to the execution hereof between the parties, their officers, directors, or employees as to the subject matter hereof. Neither of the parties hereto has relied upon any oral representation given to it by any representative of the other party. This agreement represents a complete and exclusive statement of terms of the transactions between BUYER and SVI. Sales Form #8008 AUTHORIZATION The parties to this Agreement hereby designate; Phone:�c�— as a representative for communications regarding this Agreement. AUTHORIZATION 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 Vice 4/13/2009 Sales Form #8008 Co.. Inc. -SVI Trucks SVI nuw� iowwsuih'ucics.cottt f ar id " RocdiA k SQrraltry""` Toll Free 888.SV1.1112 None 970.6675146Pae 970.66Z3343 1511 East 11 th Street Loveland, CO 80537 low .. lot 155r= �W-i "`- April 13, 2009 Poudre Fire Authority 102 Remington Ft. Collins, CO 80524 U.S.A. Re: Refurbish of 1986 SVI Air/Light Truck Listed below are the modifications discussed here on February 18, 2009; 1 Remove existing hydraulic light towers, controls and hyd. tank. Provide compartment space IPO hyd. tank. $4,000 2 Install 2) PFA supplied Command light towers $4,200 3 Provide 2 new KL-450 Knight light towers and install on existing PFA engines. $17,900 4 Provide 2 new Bostrom bucket seats in cab with 3-point belts $3,000 5 Repair front bumper $500 6 Modify existing horizontal exhaust to a vertical exhaust system. $1,800 7 Remove existing switch panel, siren control, and any other un-necessary items. Fill all holes in cab where equipment was removed. $390 8 Remove existing diesel generator and system. Remove all existing AC wiring and replace with proper size/rated new wiring $3,000 9 Provide and install new Lima 40 KW PTO generator, new 3-phase panel board, and compressor disconnect switch. Modify floor of body to accept Lima generator. $20.000 10 Provide and install (2) Space Saver 100-A fill stations on rear tailboard. Modify rear bumper to accept new fill stations, cover exterior fill stations with aluminum treadplate $24,250 11 Replace center rear hinged door with ROM roll -up door. $3,200 12 Remove existing Bauer dual drive air compressor system. Send to Bauer to remove hyd. drive system. Update all electrical controls to current build, inc. new electric motor. Replace CO monitor (does not inc. new purification). Provide new remote compressor control panel $36,300 13 Provide (2) lighted junction boxes for existing cord reel ends $1,260 14 Strip down existing cab, body, and compt. doors. Repair any rusted areas. Weld any un-necessary holes shut. Re -paint exterior White to match existing PFA units. Re -paint interior with gray Zolatone paint $37,000 15 Remove existing SCBA storage for PFA built and supplied SCBA storage $0 16 Remove all existing wood floors and replace with black Dri-Dek plastic grating $1,500 17 PFA to remove all warning lights and SVI to weld all holes shut prior to painting $2,700 18 Provide and install Voyager back-up camera with 7" color monitor $1,400 19 Provide Code 3 halogen 47" Arrow Stik on rear body roof, controller in cab console. $825 20 Install (6) PFA Survivor flashlights wired to shore power, location TBD. $700 21 Provide new graphics package installed by PFA. $3,000 Total Amount $162,925 If you have any questions on the above items, please call me at 970-667-5146. Sincerely, SVI Trucks Robert Sorensen Vice President Resolution 09-10 Approving the Refurbishment of the Air Truck Whereas, the 1986 Air Truck has reached the end of its service life, and Whereas, refurbishment of the Air Truck by Super Vacuum Manufacturing in Loveland, Colorado will provide a cost savings over replacement of the Air Truck, and Whereas, $162,925 is available and appropriated within the Apparatus Replacement capital project, and was approved as part of the 2009 budget. Now Therefore, the Poudre Fire Authority Board of Directors approve the refurbishment of the Air Truck at a cost of $162,925, and authorize the Fire Chief to execute all contracts, including those over $20,000 for any activity related to the refurbishment of the Air Truck. PFA Board -Chairman Attest