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Home My WebLink AboutAmerican Fire Apparatus 2.22.1973 dir ,F/RE- APPARA TVS COMPANY CONTRACT THIS AGREEMENT, made by and between the AMERICAN FIRE APPARATUS COMPANY OF BATTLE CREEK, MICHIGAN, AND OR MARSHALLTOWN, IOWA, party of the first and the City of Oshkosh, ''innebago County, Wisconsin Party of the Second Part WITNESSETH That the party of the first part agrees to sell upon the terms and conditions following, the apparatus and equipment hereinbefore described, which is in accordance with the specifications and guarantee, the same being a part of the agreement and contract. Delivery to be made at Oshkosh, ',W is c. within 300 calendar calendar days after acceptance of this contract, duly executed, lit0I.XXOtitgthWeliftiliXisXit XliffsTgatiffiatliOgiatfaikaRiticittlillitOMKNANNIVIARKNaj, subject to delays resulting from any causes beyond control of the AMERICAN FIRE APPARATUS COMPANY. That party of the first part warrants all apparatus manufactured by the AMERICAN FIRE APPARATUS COMPANY to be free from defects in material and workmanship, under normal use and service. The obligation, under the warranty, being limited to making good, at the factory of the AMERICAN FIRE APPARATUS COMPANY any part or parts which shall within one (1) year after delivery be returned (PREPAID) and upon inspection by AMERICAN FIRE APPARATUS COMPANY shall be found defective. This warranty does not apply to any apparatus which shall have been repaired or altered in any way which, in the judgment of the AMERICAN FIRE APPARATUS COMPANY, may affect its stability or reliability, nor which has been subjected to misuse, negligence, or accident. No warranty whatever is made in respect to the chassis unless same is manufactured by the AMERICAN FIRE APPARATUS COMPANY. Related accessories (such as tires, glass, or other items subject to deterioration) are not covered by this company's warranty. The party of the second part agrees to purchase and pay for the aforesaid apparatus, the sum of E' 7,hty Thous and E�i,C�ht Hundred Dollars($ 80,837.02 in cash p�fidrrh6tf r raec lig.y irPk-'clt'2iance with contract of the apparatus. Main Office: MAIN STREET ROAD, BATTLE CREEK, MICHIGAN. Plants at Battle Creek, Michigan, Marshalltown, Iowa. • All contracts are taken subject to written acceptance of the party of the first part by its duly authorized officers. At the request of the party of the first part a written opinion of the attorney for the municipality or political subdivision, as to the power of the party of the second part to enter into a contract, will be furnished to the party of the first part. It is further agreed between the parties hereto that the stipulations of this agreement have been read and understood by the parties of the second part and that there are no warranties, agreements or understandings, written or oral, which in any manner alter, abridge or conflict with the above, and that this agreement may be altered, modified or abridged only in writing, duly signed by an officer of the party of the first part, duly authorized, in addition to all other legal remedies and actions. All agreements are contingent upon delays resulting from strikes, accidents, fires, com- mandeering of plant or other demands of the United States Government, delays in transporta- tion, receiving of materials from suppliers, and all other causes beyond the control of AMERICAN FIRE APPARATUS COMPANY OF BATTLE CREEK, MICHIGAN AND OR MARSHALLTOWN, IOWA Witness our hands and official seal this 22nd day of Februar19 73 . AMERICAN FIRE APPARATUS COMPANY By Robert Schoff Sales Representativ Date6'7/23 � /' �� City of Oshkosh Officer of AMERICAN FIRE APPARATUS (P haser) COMPANY Party of the First Part / �/ /- am•) (Title),,1/46��- / - (Name) (Title) (Name) (Title) (Name) (Title) POST OFFICE ADDRESS OF CUSTOMER: P. 0. BOX 1130 (Name) (Title) 215 CHURCH AVENUE OSHKOSH, WISCONSIN 54901 NAME OF FIRE CHIEF: APPROVE --- RUSSELL ROTHENBACH, CHIEF 7-� OSHKOSH FIRE DEPARTMENT y , 101 COURT STREET 2' 1Q 3 OSHKOSH, WI 54901 (, 4 ITY ATTORNEY HKOSH, WISCONSIN w 4 29 RESOLUTION WHEREAS , the City of Oshkosh has heretofore advertised for bids for a Combination aerial-pumper for the Fire Department, and WHEREAS , upon the opening and tabulation of bids , it appears that the following is the lowest and most advantageous bid meeting specifications : AMERICAN FIRE APPARATUS $ 80,837 . 00 P. O. Box 1024 Battle Creek, Michigan 49016 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate contract for the purchase of same, all according to plans , specifications and bids on file. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and dir.ectec to transfer the sum of $837.00 from the General Fund Equity Account to the Fire Equipment Fund. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated in the Fire Equipment Fund of the 1973 Budget. i i 1 1r f. x. IT ftt > //iii ' �., i fi 1 ! h t.. 13 June 1973 American Fire kpparatuo Company r, C. Dox 1C24 Battle Creek, Michigan 49616 Gentlemen: We are herewith enclosing your copy of the contract to furnish the City of Oshkosh with the following: Combination Aerial--Pumper Yours truly , CITY OF OSHKOSH Converse C. Marks City Clerk CCM/jsa enc . a 4-/.2.k- A A A"A 1/ C 0 MI PA 41 Y ' BATTLE CI7E-EW, MICH. 49016 P. 0. BOX 1024 PHONE 616 963-1548 City of Oshkosh June 6, 1973 C/o Mr. Converse C. -larks, City Clerk P. O. Box 1130 Oshkosh, disconsin 54901 TO ALL AMERICn FIRE APPARATUS CO. C-CSTOMERS• It is with greot e,enoey-n I bring to your atter!tjcn the problen.s -re arc r.au encounleri in secvring co:-Lorient pa/As fo7,- the production of your ne:, fire truck. In checking with our Purchasi:ig Depa-AtNent, I am told that orders that have been placed since Jenuary 1 are being reocknowledged with extended delivery dates as lau.ch as six to eight This problem pertains to almost all -ourch,:sed component parts recrf,ed in the- manufacturing of fire tracks. I bring this to your attention so keen you abreast of the problezds that rne are constarAly It as aLir the ol:ov,e ihdt that it will he imposL;iblo Ii any previc .. pe-z.Laining to 6elivery of :Tour nc_w fire truck, certainly h.-,pc ycv urt-a.r.d our ':rcule. on,3 IA? v.--'11 endon-„wr to keep you 1d5_,ted ce'ioitirns cf to the best ni cur aollity. our: T■F;TA: - \1/4t INk \'`NV V 7.2 ...-4&211,414.41ANDIC-ildfanti4k APPARATUS FEATURING BARTON-AMERICAN FRONT AND M IDSH I P PUMPS 14 11:: 1973 American Fire Apparatus Company Battle Creek, Michigan Gentlemen: We are in receipt of your contract form, and this has been checked by our City Attorney as you will note. Will you kindly re—chick this contract, and, if at n11 possible, return immediately by return mail. Yours truly, CITY OF t"Hip.OSH Converse C. Marks City Clerk CCM Enc. ,/j2rr ,st �Ft (9. • try �$�; ^°"• F/`R.E APPA`RA.T[/S COMPANY CONTRACT THIS AGREEMENT, made by and between the AMERICAN FIRE APPARATUS COMPANY OF BATTLE CREEK, MICHIGAN, AND OR MARSHALLTOWN, IOWA, party of the first and the City of Oshkosh, Winnebago County, Wisconsin Party of the Second Part WITNESSETH That the party of the first part agrees to sell upon the terms and conditions following, the apparatus and equipment hereinbefore described, which is in accordance with the specifications and guarantee, the same being a part of the agreement and contract. Delivery to be made at Oshkosh, Wis c. within .300 calendar calendar days after acceptance of this contract, duly executed, liKXXICcYdbX-11-Wtlift.i0C&CM MKS` fff X7jdrYcK ; iitki itiX W , subject to delays resulting from any causes beyond control of the AMERICAN FIRE APPARATUS COMPANY. That party of the first part warrants all apparatus manufactured by the AMERICAN FIRE APPARATUS COMPANY to be free from defects in material and workmanship, under normal use and service. The obligation, under the warranty, being limited to making good, at the factory of the AMERICAN FIRE APPARATUS COMPANY any part or parts which shall within one (1) year after delivery be returned (PREPAID) and upon inspection by AMERICAN FIRE APPARATUS COMPANY shall be found defective. This warranty does not apply to any apparatus which shall have been repaired or altered in any way which, in the judgment of the AMERICAN FIRE APPARATUS COMPANY, may affect its stability or reliability, nor which has been subjected to misuse, negligence, or accident. No warranty whatever is made in respect to the chassis unless same is manufactured by the AMERICAN FIRE APPARATUS COMPANY. Related accessories (such as tires, glass, or other items subject to deterioration) are not covered by this company's warranty. The party of the second part agrees to purchase and pay for the aforesaid apparatus, the sum of E+'i,;hty Thous and Eight Hundred Dollars($ 8o, �?v7.0o in cash p'fampt`Cy" p n delivery in�a'ccoraance with contract of the apparatus. Main Office: MAIN STREET ROAD, BATTLE CREEK, MICHIGAN. Plants at Battle Creek, Michigan, Marshalltown, Iowa. All contracts are taken subject to written acceptance of the party of the first part by its duly authorized officers. At the request of the party of the first part a written opinion of the attorney for the municipality or political subdivision, as to the power of the party of the second part to enter into a contract, will be furnished to the party of the first part. It is further agreed between the parties hereto that the stipulations of this agreement have been read and understood by the parties of the second part and that there are no warranties, agreements or understandings, written or oral, which in any manner alter, abridge or conflict with the above, and that this agreement may be altered, modified or abridged only in writing, duly signed by an officer of the party of the first part, duly authorized, in addition to all other legal remedies and actions. All agreements are contingent upon delays resulting from strikes, accidents, fires, com- mandeering of plant or other demands of the United States Government, delays in transporta- tion, receiving of materials from suppliers, and all other causes beyond the control of AMERICAN FIRE APPARATUS COMPANY OF BATTLE CREEK, MICHIGAN AND OR MARSHALLTOWN, IOWA Witness our hands and official seal this 22nd. day of F ebruar ,t9 73 . AMERICAN FIRE APPARATUS COMPANY By Sales Representative Date Officer of AMERICAN FIRE APPARATUS (Purchaser) COMPANY Party of the First Part (Name) (Title) (Name) (Title) (Name) (Title) (Name) (Title) POST OFFICE ADDRESS OF CUSTOMER: P. O. BOX 1130 (Name) (Title) 215 CHURCH AVENUE OSHKOSH, WISCONSIN 54901 • NAME OF FIRE CHIEF: RUSSELL ROTHENBACH, CHIEF OSHKOSH FIRE DEPARTMENT 101 COURT STREET OSHKOSH, WI 54901 , Ai & , r....- F/RE APPARATUS COMPANY Y BATTLE CREEAr, M/CH, 49016 P. 0. BOX 1024 PHONE 616 963-1548 CERTIFIED MAIL RETURN RECEIPT REQUESTED June 1, 1973 City of Oshkosh C/o Mr. Converse C. Marks, City Clerk P. 0. Box 1130 Oshkosh, Wisconsin 54901 Gentlemen: We have reviewed the contracts that you returned to us, received at this office May 21. You will note that we have filled in the back of the contract, and same has been signed by the writer. Would appreciate having the person or persons in authority sign for your city, and return one copy to our office for our files. Yours very truly, ATE CAN FIRE , •:,1. ,TUS COMPANY r, A , D. R. Enos DRE/w General Sales Manager Encl. ..gtailCxL"t4 / ANDetat9/ft APPARATUS FEATURING BARTON-AMERICAN FRONT AND MIDSHIP PUMPS