Loading...
HomeMy WebLinkAboutVIII-13 Declare Surplus Property and Authorize for Public Sale - Fire DepartmentCity Council Memorandum To: Mayor Fasbender & City Council Members From:John Townsend, Fire Chief Date:July 7, 2025 Item:Declare Surplus Property and Authorize for Public Sale Council Action Requested: Declare surplus property and authorize for public sale with Brindlee Mountain Fire Apparatus. Background Information: This surplus property is a 2019 Lifeline Ambulance on a Ford F550 chassis, VIN#1FDUF5HYXKDA17127. The department took delivery,and placed into service the replacement for this vehicle, as part of our ambulance replacement program. Financial Impact:Revenue from sale of vehicle Advisory Commission Discussion:N/A Council Committee Discussion:N/A Council Workshop: Attachments:Listing Agreement VIII-13 BRINDLEE MOUNTAIN FIRE APPARATUS 15410 Hwy 231 Union Grove AL 35175 ∙ 256-776-7786 Lisng and Markeng Commission Agreement The undersigned Seller and Brindlee Mountain Fire Apparatus, LLC (“Brindlee”) being duly authorized, hereby enter into the following contractual agreement (the “Agreement”) effecve as of _______________________, 20_____: Apparatus: ____________________________ (the “Apparatus”) Apparatus owned or exclusively offered for sale by: _________________________________________ (“Seller”) If Apparatus not owned by Seller, then owner of the Apparatus: _____________________________________(“Owner”) List Price: The price at which the Apparatus will be listed shall be _________________________, or such other price agreed upon by Seller and Brindlee (the “List Price”) Seller grants Brindlee the non-exclusive right to offer the Apparatus for sale for the List Price. Brindlee shall have the right, but not the obligaon, to market and adverse the Apparatus in any media of Brindlee’s choosing, including the internet. Seller represents and warrants that the informaon provided to Brindlee by Seller, Owner and their agents and representaves regarding the Apparatus is true and correct and Seller holds Brindlee harmless and indemnifies Brindlee from any liability resulng from inaccuracies in such informaon. Seller agrees to pay Brindlee the commission set forth below (the “Commission”) if Seller or Owner sells the Apparatus or any other fire apparatus to a buyer referred by Brindlee (a “Referral”), or anyone acng on behalf of a Referral, whether or not the Apparatus is sold at the List Price. The Commission shall be calculated as follows: 10%of the sales price if the subject Apparatus is sold for less than $200,001; and 7% of the sales price if the subject Apparatus is sold for a price from $200,001 to $350,000; and 5% of the sales price if the subject Apparatus is sold for a price above $350,000 Payment of the Commission will be made to Brindlee within 10 days aer the sale of the subject Apparatus. Seller shall pay interest in the amount of 1.5% per month on Commission not paid within such 10 day period. Seller further agrees that any addional costs incurred by Brindlee as part of collecon efforts for past due Commission will be reimbursed to Brindlee by Seller. The Commission rights of Brindlee and the Commission obligaons of Seller set forth in this Agreement shall survive expiraon or terminaon of this Agreement. Seller agrees to nofy Brindlee at the me of sale of the Apparatus as to the sales price and the name and address of the buyer, regardless of whether such buyer is a Referral which was referred by Brindlee. Seller agrees that if Seller fails to provide such informaon then Seller will pay a Commission to Brindlee as if the buyer of the Apparatus was a Referral referred by Brindlee and the Apparatus was sold at the List Price. Page 1 BRINDLEE MOUNTAIN p'Re apparaiuS VIII-13 Either party may terminate this Agreement at any me by nofying the other party in wring. If any sale of the Apparatus takes place to a Referral previously referred by Brindlee within one year subsequent to terminaon of this Agreement, Seller shall pay the same Commission to Brindlee as would have been paid if this Agreement had not been terminated. Seller agrees that Brindlee may list, market and sell other fire apparatus to prospecve buyers who are interested in the Apparatus, including but not limited to fire apparatus owned by Brindlee. This Agreement shall create an independent contractor relaonship between Brindlee and Seller. Brindlee shall at no me be considered an employee of Seller. Seller represents that Seller has full authority to enter into this Agreement. This Agreement constutes the enre agreement between the pares. This Agreement and the terms and condions herein may not be amended, modified or waived except by the wrien agreement of the pares hereto. The failure of the pares to adhere to strictly to the terms and condions of this Agreement shall not constute a waiver of the right of the pares later to insist on such strict adherence. This Agreement may be executed in any number of separate counterparts and all such executed counterparts shall constute one agreement, which shall be binding on the pares notwithstanding that all pares are not signatories to the same counterpart or counterparts. Each party may transmit its signature by facsimile or e-mail (.pdf or similar) to the other party or pares, and any faxed or e-mail signature and/or faxed or e-mail counterpart of this Agreement shall have the same force and effect as an original. This Agreement shall be governed by, construed, and enforced in accordance with the laws of Alabama. The undersigns by execuon and delivery of this Agreement do hereby submit to the exclusive jurisdicon and venue of the state and federal courts located in Marshall County, Alabama. Agreed to by: Seller : Brindlee: ______________________________________ BRINDLEE MOUNTAIN FIRE APPARATUS, LLC [insert seller name above] By: ___________________________________ By: ______________________________________ Name:_________________________________ Name:____________________________________ Title:__________________________________ Title:_____________________________________ Date:__________________________________ Date:_____________________________________ Revised 03/26/2024 Page 2 VIII-13