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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-230Temporary Resolution #10858 November 23, 2005 Revision #1 — December 2, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2005--13 Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE PURCHASE OF A FIRE APPARATUS VEHICLE AND EQUIPMENT FROM HALL -MARK FIRE APPARATUS, INC. BASED ON THE HILLSBOROUGH COUNTY PURCHASE ORDER BPCW02000033, FOR EMERGENCY VEHICLES AND ANCILLARY EQUIPMENT AT A TOTAL COST NOT TO EXCEED $415,951; AUTHORIZING THE DISPOSAL OF A 1997 EMERGENCY ONE PUMPER VIA TRADE-IN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to maintain a high level of emergency services, including fire suppression capability; and WHEREAS, the purchase of a new fire apparatus vehicle and equipment will assist the Tamarac Fire Rescue Department in maintaining apparatus reliability, response times and meeting the desired level of service; and WHEREAS, the City of Tallahassee issued a competitive sealed bid, for fire apparatus, which was awarded to Hall -Mark Fire Apparatus, Inc. on November 7, 1995 as Bid No. 2166-95-A01-966 attached hereto as Exhibit 1; and WHEREAS, other Florida political subdivisions were permitted to utilize pricing made available on this contract; and WHEREAS, Hillsborough County, Florida was able to negotiate more favorable discounts based on the Tallahassee contract, and subsequently established Hillsborough County Contract #BPCW02000033, attached hereto as Exhibit 2; and Temporary Resolution #10858 November 23, 2005 Revision #1 — December 2, 2005 Page 2 WHEREAS the Hillsborough County Contract #BPCW2000033 is currently in force through December, 2006; and WHEREAS, Hillsborough County has given permission for the City of Tamarac to utilize their Agreement, attached hereto as Exhibit 3; and WHEREAS, the City of Tamarac has available for trade-in, one (1) 1997 Emergency One Transport Pumper unit; and WHEREAS, City Code §6-153 permits the disposal of Surplus Stock through trade-in; and WHEREAS, Hall -Mark Fire Apparatus, Inc. the local Emergency One distributor, has given the City of Tamarac a quotation in the amount of $415,951 based on the Hillsborough County Contract #BPCW02000033, (Exhibit 4), which includes a trade-in allowance of $30,000; and WHEREAS, the fire apparatus vehicle specified (fire engine) and equipment in the attached quotation are designed to meet the needs of the City; and WHEREAS, funding for the vehicle has been provided in the FY06 budget; and WHEREAS, City Code §6-155 allows the Purchasing Officer the authority to utilize contract prices from other governmental agencies; and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager recommend purchasing an Emergency One fire apparatus vehicle through their distributor, Hall -Mark Fire Apparatus, Inc. in the amount of $415,951; and WHEREAS, the Fire Chief and the Purchasing and Contracts Manager furthermore recommend disposing of the 1997 Emergency One Transport Pumper unit via trade-in for the new fire apparatus vehicle; and Temporary Resolution #10858 November 23, 2005 Revision #1 — December 2, 2005 Page 3 WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to purchase a fire apparatus vehicle and equipment from Hall -Mark Fire Apparatus, Inc. and to dispose of the 1997 Emergency One Transport Pumper unit via trade-in for a new fire apparatus vehicle to serve the needs of our residents. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2: The appropriate City Officials are hereby authorized to purchase a fire apparatus vehicle and equipment from Hall -Mark Fire Apparatus, Inc. utilizing the Hillsborough Contract #BPCW02000033 in an amount not to exceed $415,951. Section 3: The appropriate City officials are hereby authorized to dispose of the 1997 Emergency One Transport Pumper unit via trade-in to be applied to the purchase price of the new fire apparatus vehicle. Section 4: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. I Temporary Resolution #10858 November 23, 2005 Revision #1 — December 2, 2005 Page 4 Section 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this _JL4_day of DCC&rnbe-Y"* 2005. SCHREIBER MAYOR ATTEST: �L,'�-C&JRECORD OF COMMISSION VOTE: MARION SWENS6N,- CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMQ1EL S. GOREN CITY ATTORNEY I I A0% 0 XMW E-wWAW=1 Subsidiary of Federal Signal CorporaCion November 7 1995 TR1 0858 / EXHIBIT 1 The City of Tallahassee Request for Proposal File No.: 2166-95-AOI-966 Emergency ()ne, Inc. and our Northern Florida dealer, Hall -Mark Fire attached pro osal for , Inc. are pleased to submit tile p . amulti-year contract for emergency vehicles. Specifications -on each sPecific 'vehicle are enclosed for your review. Included with these specificatiom are the requested warranty statements along with replacement parts recommendations. Prices are firm for ninety (90) days and are quoted F.O.B. Tallahassee, Florida. A $5,000 bid bond alongwith the proper insurance certificate have been enclosed and a 100% performance bond will be provided as requested after recei t of order. P We continue to look. -forward to workin with the Ci 9 ty of Tallahassee on ybur valued emergency vehicle business. Please contact us if you have any questions. 0 Sincerely, ,,,7, Jeffrey H. Ha a se Vice President, Sales & Marketing /atk Emergency One, Inc. , P.n R,, �71rl n—i- i TALLARASSEE CONTRACT AGREEMENTS Page 1, Item 1: Pricing format is described on proposal form page 14. Emergency One Will provide documentation of dealer net price increases as they apply to this agreement. Page 5, F. I Warranty: Tlie -nearest authorized warranty center will be Emergency One in Ocala, Florida, for Emergency One chassis, aerials and bodies; Tallahassee Mack will be the Buthorized center for commercial'chassis. Page 11, Penalty Clause: Emergency One, Inc. TWs Penalty Clause excludes delays to war, fire, labor disputes, acts of God, g0vemMental regulations, supplier issues and other causes beyond E-One's reasonable control. Changes to the original order may void the Penalty Clause. Delivery dates sho-vNn on'the proposal form shall be negotiated annually. 4L.9 CITY OF, TALLAHASSEE FIRE APPARATUS AND SPECIAL APPLICATION VEHICLES FILE NO. 2166-95-AO1-9GG PROPOSAL AND CONTRACT DOCUMENT CONTENTS This set of documents includes: DOCUMENT MJI�ME OF PAGES Notice to Proposer/Special Conditions 10 Proposal Form 8 Proposal. Guarantee 2 Contract 2 Contract Bond 3 When completed and executed, these documents, along with the -vehicle and equipment plans and specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forTn the Contract for this project. ME Exhibit A CITY OF TALLAHASSEE REQUEST FOR PROPOSAL FIRE APPARATUS AND SPECIAL APPLICATION VEHICLES Fire Apparatus and Special Application Vehicles General Services Department Fleet Management Division October 16, 1995 File No, 2166-95-AOI-9GG L NOTICE TO PROPOSER: You are requested to provide a proposal for the above referenced vehicles and equipment. Your proposal should be directed to the Office of the Purchasing Administrator, Third Floor, City Hall, 300 South Adams Street,' Tallahassee, Florida 32301. The proposal should be submitted not later that 4:30 P.M., ET on November 9, 1995. Under provisions of the following Special Conditions, General and Techrical Specifications, and Contract Documents, it is the intention of the City of Tallahassee to enter into a contract with a single provider for purchases of various fire apparatus and certain special application vehicles. A price structure is to be established for vehicles, options, accessories and parts which the City of Tallahassee may purchase during the five (5) year period folio -thing contract award. The resulting contract shall guarantee the construction and delivery to the City of Tallahassee additional fire apparatus and specialized veh ' icles as may be required during the time period beginr�ng date of award and ending five (5) years thereafter. IL SPECIAL CONDITIONS: A. QUOTATIONS/PROPOSAL: AJI vehicle and equipment peices are to be F.O.B. City of Tallahassee, Fleet Division, 400 Dupree Street, Tallahassee, Florida. 1 F-Ile No. 2166-95-A01-9GG 2. The Seller shall state any discounts to apply. (Discounts must be shown for each classification of items or individual items unless all items have the same percentage of discounts.) 3. Seller's proposal must be firm for acceptance for ninety (90). days after due date. The City of Tallahassee reserves the right to reject the Seller's proposal or.any part of the proposal, to waive any informality in the proposal, and to award purchases in the best interest of the City of Tallahassee. 4. The City, reserves the right to r eject any offer subject to an open or urdirnited escalator clause. The City may consider any proposal offered which may be subject to an escalator clause based on a nationally recognized index wWch permits both upward and downward escalation - The City may also consider any proposal that contains existing prices adjusted for future changes in Seller's costs of acquiring or manufacturing equipment. A set (stated) percent markup above dealer's net price as made available to the dealer's distributors may be proposed. Seller may also elect to propose costs based on a percent discount from list prices for vehicles, equipment, options, accessories or parts. The City reserves the eight to verify prices by examination of dealer or distributor's invoices and to evaluate all purchases with - respect to reasonableness of price. The City may reject any proposal made by the'Seller in favor of renegotiation or bidding, 5. Contract award will be made on a total basis only, Award will not be split. B. DELIVERY: 1. The Seller shall state in their proposal firm delivery dates for the 'various fire apparatus and special application vehicles. The delivery times shall be a major factor in the award of this contract. 2. The fire apparatus ' and special application vehicles shall be assembled, serviced, adjusted, and demonstrated to the satisfaction of the City that they are in perfect mechanical condition. Seller is responsible for the complete construction and assembly of all vehicles and equipment components. 3. 'Vehicles and equipment will be accepted only after the above requirements for delivery have been met. Delivery of vehicles and equipment to the purchaser does not constitute acceptance for the purpose of payment- Final acceptance and authorization ofpayment shall be given only after a thorough inspection indicates that the delivered veh�icles or equipment meet specifications and the conditions listed in the specifications have been met. Should the delivered vehicles or equipment differ in any respect from specifications, payment will be withheld until such time as the Seller completes necessary corrective action. File No. 2166-95-AOI-9GG The Fleet Management Division shall notify the vehicle provider of any deviation(s) in writing within ten (10) calendar days and the contract provisions regarding delivery shall prevail. WiNn ten (10) calendar days following notification of non-compliance by the Fleet Management Division, the Seller shall provide to the City a detailed proposal for coffective action. If the proposed corrective action is not acceptable to the receiving agency, the Pufchasing Division may authorize the recipient to refuse final acceptance of the vehicle and/or equipment, in which case the vehicle and/or equipment shall remain the property and the responsibility of the provider and the City shall not be liable for payment for any portion thereof 4. Seller must include with initial delivery of each model year vehicle the following manuals: a. Three (3) each Technical and Service Manuals for Cab . and Chassis, b. Three (3) each Technical and Service Manuals for Vehicle Body. C. Three (3) each Parts Manuals for Cab, Chassis and Body. d. Three (3) each Operators Man uals. 5. Seller must furnish a copy of manufacturer's preventive maintenance schedule at the time of delivery. C. ]PROPOSAL SUBMITTAL: The Seller shall after appropriate deliberation, review of all contract documents contained herein and understanding of the requirements, submit all the requested information on the attached Proposal Form. 1. Seller shall submit a proposal one (1) original, so identified and four (4) copies to the Purchnsing Administrator, Third Floor, City Hall, 100 South Adams Street, Tallahassee, Florida 32301. The proposal shall be enclosed in a sealed envelope using the couriesy label provided or clearly marked PROPOSAL NO. 2166-95-AO1-9GG "FIRE APrARATUS AND SPECIAL APPLICATION VEIIICLE PROPOSAL't and "NOT TO BE OPENED UNTIL 4:30 P-Af., NOVEMBER 9, 1995." 2- Proposers are required to provide all requested information. Proposal submittals should be in a sealed envelope as instructed. Only information provided inside. this envelope will be considered, unless otherwise instructed by the City. Failure to follow this instruction or any other instruction contained in this request for proposal may result in the rejection of your proposal. 3. Proposal modifications are not allowed. Complete withdrawal or complete exchange of proposal is acceptable, if done before scheduled roposal deadline. p 91 File No. 2166-95-AUI-9GG No representation made by any of the Owner's officers or agents during or prior to the execution of the Contract, shall be binding an the Owner urdess such interpretations or representations are expressly stated in the Contract. Persons with disabilities requiring reasonable accommoda"tions to attend meetings, please call Glenn Guertin at (904) 891-8280 or FRS TDD at 1-(800) 955-877d at least forty-eight (48) hours in advance (excluding weekends and - lroliday�). D. ENGINEERING DATA: I Seller shall enclose a complete description of vehicle construction. Proposal should be accompanied by a set of contractors specifications consisting of a detailed description of the fire apparatus and special application vehicles proposed- These specifications should include size, type, model and make of all component parts and equipment. 2. Seller must include nearest factory authorized parts and service facility. E. REPLACEMENT PARTS/OPTIONALEQUILPMENT: 1. Seller shall include as a part of their proposal a list of recorrunended OEM replacement parts and optional equipment to include guaranteed delivery time (standard and emergency), guaranteed pricing or price structure and/or discount terms to apply, Seller must be ' able to supply 90% �f parts required to mainta - in tMs equipment within 24 hours and have access to the remaining 10% of parts within 72 hours. Seller will supply upon request original manufacturer part numbers crossover for parts which are not manufactured by the equipment manufacturer after the award of contract and prior to the delivery of equipment. 2. Seller shall include as a part of their proposal suggested stocking levels for replacement parts. F. WARRANTY: 1. Seller shall have. full responsibility for warranty of all components of the equipment. A statement shall be attached with the proposal setting out the conditions of the warranty(s). The manuracturer's standard warranty shall be furnished- Warranty shall include parts and service for a minimum of two (2) years. A delay in warranty start date is required on all vehicles purchased by tile City of Tallahassee. Warranty shall become effective when the vehicle is put into use by the City rather than at time of delivery. Vehicles and equipment must meet all ANSI, SAE and other applicable standards. File No- 2166-95-AOI-9GG -ne purchaser de5ires to purchase the best equipment at the lowest price possible with warranty being given full consideration as a part of the purchase Price- It is the purchaser's desire to have a warranty policy made -with one company and to be able to execute all warranty through one service departmenL Jf4he proposal offered includes more than one warranty or more than one Service department and parts department then a list must be provided of different dealers names and locations. Seller must list the nearest licensed and afithotized factory dealer fnr thp rha,jv 2. Seller shall include as part of the proposal, a quotation on any extended warranty(s) which may be offered by the Seller or OEM. 3. R is the desire of the Owner to become a factory authorized repair facility for warranty work- All necessary training and expenses associated with the authorization shall be included in the purchase price. Seller shall provide per hourrate to be reimbursed to the Owner for warranty work performed. In addition, Seller shall provide as a part of the purchase price on -site assistance for unresolved warranty work. G. INDEI%INIFICATION: 1. The Contractor shall indemnif� and hold harmless (lie City, and their agents and employees from and against all claims, for infringement of any Urlited States Patent, or damages, losses and. expenses including attorney's fees arising out of or resulting from the performance of the work furnishing of services, or furnishing of materials, goods, or equipment, as required by the contract, including but not limited to claims regarding defects in materials, goods, or equipment, which is caused in whole or in part by any breach of contract, or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against tile City, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the ind emnifi cation obligation under this para'graph shall not be limited in any way by any limitation on the amount or typ . e of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts or other Employee Benefit Act. 5 I'lle No. 2166-95-AOI-9GG IT INSURANCE REQUIREMENTS. All insurance certificates mu-sl read as f011ows: CANCELLATION "Should any of the above described Policies be cancelled before the expiration date thereof, the issu-ing company will mail 30 days written notice to the certificate holder named to the left." - T -2- All" insurance coverages shall be placed vith companies who are either licensed by the State of Flodda or adm�itted as a surplus lines canier by the state. All companies shall have at least a B+10 rating by A-M. Best or other recognized rating agency. 3. The successful bidder -will be required to file proof of insurance in the following amounts prior to commencement of work: A- Workers' Compensation and Employer's Liability- B_ Commercial General Liability with.fonow'ing coverages: a) Premise/Operations b) Independent Contractor c) Personal Injury d) Prod ucts/Complet ed Operations e) Contractual Liab ility f) Broad Form Property Damage 9) Fire Legal Liability C- Commercial Automobile Liability for: a) Owned/]eased autos b) Non -Owned Autos c) ]Hired Autos Workees Compensation limits as required by the State of Florida statutes 440 and Employees Liability lirr�ts of $5,000,000. Combined single Lim�its for both Property Damage and Injury of at least $3,000,000.. Combined Single Limits per accident for Property Damage and Personal Injury of at least -T5,000,000. 6 F-He No� 2166-95-AOI-9GG D. Additional Requirements: a) City named as madditional insured" as its interest may appear. b) 30 days minimum notice orpolicy cancellation. C) Certificate of insurance(s) filed with' Treasurer -Clerk on or before commencement of work- t! I -PROPOSAL BOND AND PERFORMANCE BOND: L The Seller shall supply, as part of their Proposal, a Proposal . Bond, Certified Check or Cashier's Check in the amount of $5,000.00 at the time of Proposal sub ' rrdttal to guarantee that if the Seller shall be awarded the contract, the Seller will enter into a contract and give bond for the faithful perforinance of the contract. The City reserve the fight to hold the Sellers' proposal bonds, certified checks or cashier's checks until a contract has been entered into between the City and the Seller. 2. Proposal Bonds, Certified Checks or Cash�ier's Check will be returned to the proposer after award by the City Commission and a contract has been entered into, and executed - I Performance Bond in the amount of 100 percent of award s . hall be required of the Seller, prior to work beginning, as a guarantee that all provisions of the contract and attached specifications and these special conditions shall be met. The Seller shall supply the aforementioned as per the agreement and will well and truly perform such work as may be.required by said agreement. The Performance Bond is to be posted with the Office of the City Treasurer -Clerk within ten (10) business days after contract award. Failure to post said Bond may result in the immediate revocation of Contract Award by the City. The Performance Bond shall be kept in full force and effect and shall be held by the Owner until delivery and acceptance of the completed vehicle has occurred- Additional performance bonds shall be provided upon receipt of orders for additional equipment. J. DEFAULT AND TEMIINATION OF CONTRACT: Should the Contractor fail to correct any condition which is in violation of the terms of the contract, within 24 hours after having been notified by the City, then the City !nay declare this contract in default and terminate same. Continuous failure to comply with the terms of contract or failure to correct problems brought to the attention of tile Contractor shall be grounds for the City to terminate the contract. TIiis contract may be terminated by either party with just cause with ninety (90) days written notice. 7 File No- 2166-95-AOI-9GG The City of* T,,kjj.jhissee1s perrormance and obligation to pay under this contract is contingent upon -in annuil appropriation by (fie City Commission, IC EXTENSION OF CONTRACT: Tfds Contract may be extended by mutual agreement for a period of five (5) years beyond-.1he initial expiration date as set at the beginning of the contract period, - Unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. If extended, the prices for vehicles and equipment furnished during the exlended period shall not be renegotiated by the parties, rather the pricing format accepted in the initial contract shall continue. Notice to terniinate the contract at the end of the initial five (5) years period, shall be given in writing at least 30 days prior to the initial expiration date of the contract. IL QUANTITIES: The City anticipates purchasing fire apparatus and special application vehicles on as needed basis during the contract period. There is no obligation on the part of the City to purchase any set or minimum amount of fire apparatus or special application vehicles during this contract period, 1%1- PAYMENT: L PrompLpjy Poricy It is the Policy of the City of Tallahassee"to fully implement the provisions of the State of Florida Prompt Payment Act which requires the prompt payment of proper invoices within forty-five (45) days of the date received by the Chief Disbursement officer. For more information, please refer to Section 501 of the City's Administrative Policies & Procedures Manual. 2- 3yk���� In the event a contract is canceled' under any provision herein, the City of Tallahassee may withhold from the Seller anY monies owed on that or any contract, an amount sufficient to compensate for damages suffered because of the violation resulting in cancellation- N_ INQUTRJIES: Please direct any inquiries concerning the technical specifications to Jim DeMay, phone (904) 891-5225 and inquiries concerning non -technical specifications to Glenn Guertin, phone (904) 891-8280 or Ifirougli FRS TDD at 1-(300) 955-877L All telephone conversations are to be considered unofficial responses and will not be binding. Questions, verifying the proposed conditions and specifications content, if appropriate, will be responded to in writing. The written response will be the City's official response and will be mailed to the Proposer. File No. 2166-95-A01-9GG 0. INSPECTION: It is recommended that the Seller visit tbeFleet Management Division and the Fire Department to re-ramiliarize themselves with the needs of the end -users, the intended use of the vehicles and equipment and the maintenance and training needs. r. SELL-EP, PERFOR?vLA.NCE EVALUATION: The Seller is subject to have their performance evaluated by the City of Tallahassee, using a standard form. This form will be on file in the Purchasing Division of General Services and will become a "Public Record". Q. EQUAL OPPORTUNITY REQUIREMENTS: The Seller imust comply w&ith the Equal Opportunity Pledge of the City of Tallahassee as set forih in the atta-ched Proposal Form. Failure to complete the Equal Opportunity Pledge included in this Request for Proposal may result in rejection of your proposal. IL PUBLIC ENTITY CRIMES: The Seller must complete the attached Sworn Statement under Section 287.133 (3)(a), Florida Statutes, on Public Entity Crimes (Form PUR 7068). This form is now required annually on a calendar year basis, from January Ist through December 3 Ist. If your firm has previously submitted this form, complete R-2 on page P3 of this document. Failure to complete and return this form or to indicate previous filing date, with your submittal, may result in the rejection of your proposal. S_ PURCHASES BY OT1iER PUBLIC AGENCIES: With the consent and agreement of the Seller, purchases may be made,under tl�s Proposal by other governmental agencies or political subdivisions witMn the State of Florida- Such purchases shall be governed by the same terms and conditions stated herein and within the Seller's Proposal. This agreement in no way restricts or interferes with the right of any Florida State or political subdivision or otiier public entity to bid any or all of these items independently. T_ SPECEFICATIONS: 1. General Specifications All vehicles and equipment ffirnished shall be manufacturer's latest model. Appurtenances and/or accessories not herein mentioned, but necessary to furnish a complete unit ready for use upon delivery shall be included, conform to best practice known to the fire fighting or special application trade in design, quality of workmanship and material, and be subject to these specifications in hill. These specifications shall be construed as a minimum. 9 File No. 2166-9.5-ADI-9GG Should the manufacturcr,s current published data or specifications exceed these, they shall be considered minimum and be furnished. The un�its proposed shall meet all requirements of NHTSA, FMVSS, State of Florida and NFPA. All vehicles furnished under this Contract shall be constructed with due consideration to intended use and performance characteristics, including but not limited to load distribution, such that they will operate under all conditions (weather, environmental, load, etc.) in conformity with the Owner's specifications and all applicable federal, state, and local laws. a- Minuracturer's Line Setting Ticket: (If applicable.) To be delivered with each vehicle. b. Papenvork: Manufacturers Statement of . Origin NSO), title application, invoice and all warranty papers shall be delivered -with each vehicle. C. Liens -ind S-ecurity Interests: The 'Seller shall assume full responsibility that all vehicles and equipment delivered to the City are free and clear of all liens and security interests. 2., Technical. S vecifications Detailed technical, minimum specifications are the responsibility of the City's Fleet Management Superintendent. The Fleet Management Superintendent shall have final detern ination as to the specifications of all new fire apparatus and special application vehicles purchased. The City requires that representatives of the Seller and any Sub -contractors attend a Pre -Construction Conference to finalize technical specifications for each type model and vehicle to be purchased. The Fleet Management Division shall confer with the Seller to schedule a date for each Conf�rence. The Pre -Construction Conferences will be field at the Marturacturing site to best facilitate attendince of the Seller's Engineering and 1%I-Inufacturing Representatives. 10 File No. 2166-95-AOI-9CG Exhibit 8 -Pl- CITY OF TALLAHASSEE PROPOSAL FORM TO. Lu Banks, Purchasing Adrr�nistrator DATE:-- 11/6/95 I (WE), the undersigned propose to furi-lish and deliver, in accordance with the requirements of the Notice To Proposer and the Special Conditions dated October 16, 1995, prepared by the City of Tallaha5see Department of General Services, Purchasing Division the following, fire apparatus and special application vehicles. I (WE), the undersigned, hereby declare that the only persons, or firm or corporation interested in tUds proposal or the Contract to be entered into, as principals, are named herein, and that this Proposal is made vAthout collusion with any person, firm or corporation, and that it is in all respects fair and in good faith; that I (we) have carefully examined and fully understand the fo rTn of Contract and Bond, approved Special Conditions and Specifications and other documents attached hereto and am (are) satisfied as to the actual conditions and requirements of the work, and I (we) hereby propose and agree that if this Proposal is accepted, I (we) will contract with the City of Tallahassee, Florida., in form of Contract hereto attached, to furnish all necessary labor, equipment and materials, to construct and deliver the various fire apparatus and special application vehicles desired by the City, and that I . (We) will fully complete all necessary work in accordance with the Special Conditions and the Specifications and the requirements under them of the Fleet Management Superintendent within the time specified below (H.B.I.) after receipt or purchase order(s) and, upon failing to meet tile delivery time, will pay as liquidated damages the sum of S75.00 per vehicle for each consecutive calendar day delivery of an acceptable vehicle is not made. SPECIAL CONDITIONS: A.I. All prices F.O.B. Fleet Management Division, 400 Dupree Street, Tallahassee, Florida? YES X NO A.2. Discounts _ I / t-f rjm E-One. A-3. Condition of Proposal FIRM for acceptance for ninety (90) days? YES X NO Proposal prices must be firm for minimum ninety (90) days. k4- Seller has Proposed guaranteed Fixed Pricing? For vehicles? For vehicle options? For vehicle accessories? For cab and chassis Parts? For body parts? YES' NO__X_ YES NO X YES NO__X_ Y'ES NO X Y"E S NO X 41. I I M C File No. 2166-9S-A 0 1 -9C; (; -P2- CITY OF TALLAHASSEE PROPOSAL FORM Seller has proposed Pricing subject to increase or decrease and calculated based on a set percent above Seller's dealer net price? For vehicles? For vehicle options? For vehicle accessories? For cab and chassis parts? For body parts? YES X NO YES_X_ No YES X NO— YES-- NO- YES— NO_X_ Seller has proposed pricing subject to increase or decrease and calculated as a set percent off Est price? For vehicles? For vehicle options? Forvehicle accessories? For cab and chassis Parts? For body parts? YES NO X YES — NO X YES—NO-i— YES X N6— YES X NO — Seller has proposed Pricing subje ct to I increase or decrease and is calculated based on change of a national price index? For vehicles? YES_ No X For equipment options? YIES_ NO X For vehicles accessories? YES_ NO-9 For Cab and Chassis Parts? YES_ No —X For body parts? Y'E S N — 9- Name of Index? — —X Index Standing? � !NOT �APPL�JCABL�E�� Guaranteed delivery time: Tanker *S pumper 9-9-kQJQ�L—d ays Ladder See -- below days *See b—eio'w��days Special Application Vehicle*See below 4.3 , Seller will provide all required manuals at time of delivery? YES --L NO Seller has thoroughly examined contract documents, special con . ditions and SPCcifications? YIES--X NO — Tanker: Commrcial Chassis 120 E-One Chassis 240 days Pumper: Commercial Chassis 120 Ladder: E-One Chassis 240 days 240 Days Special application vehicle: to be days after receipt of chassis days after receipt of chassis J determined based on special vehicle requirement. III T—sle No. 2166-95-AOI-9GG -P3- CITY OF TALLABASSEE PROPOSAL FORM D.1- Seller has included a complete description ofveh�icle construction? YES x NO (exception taken for customized special application vehicle), D.2. Ne-arest factory authorized parts and service facility -E-1-iitrgency Qne: Ocal a 1, Fl ori da Hall -Mark Fire: Ocala Florida E. 1. Seller has include a list of replacement parts and equipment options, delivery and pricing? YES x NO Sefler will deliver parts to City within —2-4_ hours Emergency and 32— hours Standard, Seller has included terms and conditions of warranty(s)? YES X NO Ne-arest factory authorized dealer for Commercial Chassis repa-ir E-One/Hall-Markl-. Tallahassee Mack IF-2- Seller will make available extended war-ranty? YES X NO F-3. Seller will authorize Owner to conduct wmanty repairs? -YES x NO G. - Seller will indemnif� the City? YES--r NO Seller has insurance with minimum coverage as outlines? YES X NO I1 Seller has submitted a $5,000.00 Proposal Guarantee? Y-ES_jL NO_ 1.3. Seller wi,11 furnish Performance Bonds as requirea? YES x NO Q. EQUAL OPPORTUNM REQUIREME NTS: Have you signed and returned Equal Opportunity Pledge? YES_jL NO, X PUBLIC ENTITY CRIMES: L Have you signed and retumed Sworn Statement Under Section 287.133(3)(a) Florida Statutes, on Public Entity Crimes? YES X NO 2. Form Previously submitted: Bid/R.FP No. Date: S, PURCHASES BY OTHER PUBLIC AGENCr-ES: Seller agrees to e xtend pricing, terms, and conditions to other public agencies YES. X NO *Any work or workers who perform warranty work for Emergency One will not be indemnified. -7-,Vii peR;r 6-/"7p Z , y 41,vj -ro Ctry-or '7—,9//'9'A,9:r6jr-c 13 . ..C: All). -JtQ0-Y�)-AU1-YUU -P4- CITY OF TALLAHASSEE PROPOSAL FoRm We propose to furnish the fire apparatus and special aPplicat I ion vehicles as indicated in this Proposal Form., delivered to the City of Tallahassee "Mth transportation charges prepaid, and for the price quotedbelow. Allvehicles and equipment to be furnished in accordance with City of TaJlahassee special conditions and specifications contained herein. The City Commission reserves the right to accept or reject Sellers Proposal in the best interest of the City. MM DESCRIP-n0N 1. 2. 3. 4. 5. -Price Format: (State price Or percent or index as applicable) a. Vehicles b. Options c. Accessories, d- Cab and Chassis Parls e . Body Parts Exiended Warranty Per Month (A-fler 24 Months) Warranty Training Charges Reimbursement Rate for Warranty 'Work Less Discounts UNTT PRICE 3% Above dealer n6t 3% AboXe dealer net *101-AbnXia-dealer net 20% Above dealer net 20% Above dealer net per specific request. Qe 42.50 /1-Jr. ProPos21 to be received no hiter than 4:30 p,m. on the 9th day of November, 1995. NOTE: Sales Tax on materials and services. FJO ABOVE PPJCF- TAX 1E)MUTT - The Seller will not be exempt from the rida The Owner is exempt from all Federal excise taxes on materials, appliances, etc., which are incorporated into arid become a part of the finished improvement. I ("T), the undersigned hereby cerlify That I (we) have carefully examined the foregoing Proposal after the same was cOmpleted,and have verified each item placed thereon; and I (we) agree to indemnify, defend, and save harmless, the City of Tallahassee against any cost damage or expense which it may incur or be caused by any error in my (our) preparation of same. Accessories 'are described as loos*e fire equipment for installation on apparatus. 14 File No. 2166-95-AOI-9GG CORPORATION: Emergency One Inc. (Seal) Principal (Contractor SY: (Seal) or Vice -President ATTEST: Secret r st. Secretary) (AJTx Corporate Seal) INDIVIDUAL OR FIRM TRADING AS: Principal (Contractor) (Seal) Signature:individual or Owner Witness: Witness: -P5- PARTNERS HIP: (Seal) Principal (Contractor) Signature: (I) Co -Partner or General Partner (2). Co -Partner or General Partner WITNESSED BY: (I)__.. (1) (2) (z)_ . (ICParinership, list names and addresses of each partner Mow. If Joint -Venture, use this space for additional bidder). 15 r11C V10- 5 T-4. CITY OF TALLAHASSEE DEPARTMENT OF GENERAL SERVICES PURCHASING DIVISION EQUAL OPPORTUNITY PLEDGE All Contractors and Suppliers must agree to the following: A- The Contractor/Supplier will not discriminate against any employee or job applicant because of his or her race, creed, color, sex, marital status or national origin- B. The Contractor/Supplier will post in a conspicuous place, available to all employees and job applicants, a copy of this pledge. C. The Contractor/Supplier will, in all solicitations or advertisement for job applicants place or cause to be placed, a statement that the Contractor/Supplier is an "Equal Opportunity Employer." Compliance with this Equal OpportUnity Pledge is mandatory of all Com ractors/S uppliers. Failure to sign and return this Pledge may result in your Contract/order being cancelled, voided or suspended in part or whole. F.MerqPnrv-nnP- Tnr as a (Name of Company) Contrac ' tor/Supplier, for the City of Tallahassee, Florida, pledges itself to support and abide by this Equal Opportunity Pledge, . 1fQ1 S.W. Ji-th- Avenue ADDRESS Ocala Florida 1AAZ0 CITY STATE ZIP P/ -7 DATE SI 16 File No- 2166-95-AOI-9GG -P7- SWORN STATEMENT UNDER SECTION 237.133(3)(a), EL—O —RT—D A--S —TA—T U TE S, 0 N r UB U C E N TITY CRIM ES THIS FORM MUST BE SIGNED AND SWORN TO IN THE rRESENCE OF A NOTARY PU1;LICOR OT13ER OFFICIAL AUTHOR17-ED TO ADMINISTER OATES. 71115 swom statement is submitted to - The City of T Ilahassee [Print name of the public entity] by Jrffrey Pr,pi, :111 c-lllt.—SiJeS A 111111arketinn [print individuals name and title] for Emerapncy [Print name Ofentity submitting svom siatementl whose business address is 1601 S.W. 37th Avenue, Ocala Florida 34470 and (if applicable) its Federal Employcr Iftntiflafion No. (FErM is 59-1515283 (If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement: 2. 1 understand that a 'Public entity crime' as dcrined in Paragraph 287.133(l)(g), Florida Statutci means business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United, States and involving antitrust, fraud, thefL bribery, Collusion, racketeering, conspiracy, or material niisrepresenlation- J. I understand that "convicted' or "conviclion"as defined inParagrapb 287.133(l)(b), Florida Statute means a finding of guilt or a conviction Ora public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record rclating to charges brought by indictment orinformation after July 1, 1989, as a result of jury verdict, nonjury trial, or entry Of a p1cl of guilty or nolo contender. 4. 1 understand that an "affiliatc- as defincd in Paragmph'287.133(1)(a), Flnridi Statutes me=: 1. A predecessor Or SUCCC5501' Or 2 person convicted of a public entity crime; or 2. Am entity under [he control of any natural personwho is active in the management of the entity and who has been convicted Ora public entity crime. The term waffiliale" includes those officers, direclors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when no( for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into ajoint ventarewith a person who has been convicted'of a public entity crime in Florida during 1he preceding 36 months shall be considered an affiliatc- 5. 1 understand that a 'person" as defined in Paragraph 287.133(l)(c), Florida Shitutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or ipplics to bid on contracts for Elie provision of goods or services let by a public entity, or which, officni-isc transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, parincrs, shareholders, CmPloyees, rnembers, and agents who are active in rianagcment of an cntiry- 17 File No. 2166-95-AOI-9(;(; 9- "; 6. Based on information and belief, the statement which I have marked below is true in relation to the entity subralming- thissivorn statement. [Please indicate Which statement applies.] Neither the entity submitting this swom staterricnt, nor any officers, directors, executives, PartncM sharcholders,, CmPIOyer5- members, Or agents who are �acjive in management of the entity. nor any affilliate of Lbe entity h�� I been charged Ivith and convicted of a public entity crime subsequent to JWy 1, 19sq. — The entity submitting this sworn statement, or one Or more of its officcrs, directors, exocutives, partners, shareholders, =1119yees, members, or agents Who are active in management of the entity, or an affillate of the mtitY has been charged with and convicted ofa public entity crime subsequent to July 1, 1989. Ile entity submitting this sivorn stalemen� or one or more of its officers, director em tives, partneM shareholders, cmployccf�, S, ecu members, or agents who are active in the gement of the entity, or an aff-ili2le of the enfity has been chuged with and convicted of a public entity c mana rime subsequent to July 1, 1989. Howmer, there has been a subsequent proceeding before a Hearing Officer of the State of Flori4 Division of Administrative Bearings and the Final Order entered by the Hearing 011-icer determined tht it was not in the public interest to place the entity submitting this sll,orn statement on the convicted vendor IisL lattach copy of The final order] I UN)DERSTAND THAT THE SU13MISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAYH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO MORM THE PUBLIC ENTITY rRIOR TO ENTERING 1NTO'A CONTRACT IN EXCESS OF THE THRESH OLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATU' FOR . CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this W% day of 19 CL� Personally known L�-� OR Produced Identification Notary Public - State of .404N BEVERLY A. JARVIS MY commission c. (Type of idendfication) xpires MY commim I cc zwa 51PNO. Ocbbw 21. 19" wwy Nwu-�&-O'ft (Printed �,pcd or �ampc�dmissioncd name of notary public) PRorOSAL GUARANTEE (131d )BOild) STATE OF FLORIDA COUNTY OF. MARION MOW ALL MN By TBESE PRESENTS 0 THAT WE. Emerqency one Inc. S.W. 20th Street, Ocala, Florida k1lercirlaoW 11� %;Allcu -YrincipAlw), . and nsurance Company .. .. ........... msurct . ....... (heroinafter called *owne7u) '11 '11 unto the City of Tall"vee. in the sum otmyt Thousond Dall?1r; and up cents ($5,00.00) 1'wrW Wncy of the United Statcs of Amem, for PAymmt 0which sum wm and truly be rnsde, we bind ourselvv, our hcir.,% exM10 r; IrmlY bY :hme prescriw $4verallYp f RdministrVors and $11cucssoM jointly and WUREA-S' the Trinc'Pal" ContcmPlates 1rubmitfing or h;u Submitted 3 propogal to ll"I City ofTflllabas3ee for canTtruttlon and deliyrry gr varlooz fire appxr.2f03 and It V 'a 7 VaMREAS I .. M3 condition PTVqedent to the'submi3sion or nid propo3ol that a r,eT1;r1cd chcck or bid bond In' -�hc amount Ornut le-m tilln five! thousand dollars &nd no W(1 (5'000.00) be Sub"Ted Wl1h T110 PtuPOIAl As It FWntee that tht Propow would, 7 riw;krded if the COrktrac%rntcr into a wr'lten Contract VAth the City cf'rxpaha33e� $Ind furnish a contract surety bond In tht: amount equal to onc hundred per=t (10C�o/ 0) Of the cOntract SUM f�r the perforMance or"'d Co"tract within ten (10) consecutive calendar dayr, after written notice h4vin slym 8 b8en I of th* award ofthr. C90ti-mct. NOW THEMFC)RE, the conAic)nz OF11113 obligntion art ri6 that If Vic Proposal of the "PrinciP-8111 herein be llc"Ptcd 4nd 3aid Wmii)al" 'within ten (10) cons=utivp calcndar day� ZLfter written notice being giwn of such acceptanec, enter Into a writtcn contract -with the City of Tall"hassec nnd furni;h a contract turety bond in tho �mount equal to unt,- hundred perv=1 (100%,) Orthcccm1r4ct �um, 31tistactory to tlip, city orTallahasseei then a Obligation Sha1l be void; otherwise the sum herein slated $hill bet due and payable to the chy of Tallahasz-e�e and the "Surely" herein 8STees to PRY Said sum in good 4nd lawful money of [h* Ur4lcd &Ate-i of Amc:rica� a., liquidate-d &m09cs for fallurc thcreto of &aid "Principal".' PrOPUN-11 chlarldco. P-1g; I of 2 D L r"c 1'N W1�4ES-S WHE REOF, thei2ld— EMERGENCY ONE INC. as 'Principals hercin hm lhc3c Prc=3 to ba signcd �—nd—seal�t,-d ud the 2-10"d SAFECO INSURANCE: COMPANY ------------- � 213 ":3urctY" hcrdn hu cauz�d thM Pr"CntS W bO 019nCd In Its n=e by it, ATTORNEY -IN -FACT ltz "Orate x'czl,, lbiT -_.jr�d day of November A.D., I S� 95 ATTEST: Jeff Haase TITU: Vice President7Sales A -M—Frerl-5-- ATTEST-, ELLEN BRE TME'. ASST. VICE PRESIDENT Efflerqency One. Inr- ]BY: (SM) Va r TITLE: Vice President- Finance SAFFOn.. TMqTTOA hQE COMPANY its 10MC71 TULF,.-__�ENIOR VICE PRESIDE14T COUNTERSIGNED Florldi ResWerit Insu- Pr*0 Agcrd; -NO. 417-540-461 q C, Fr NID �Florida Re d e ri t Agent TE: P 0wor of Attorney OhPw'ng authck of Atlornc�-Tn-Fact shall be uzrhd. P�ONW Gunranicc, Pale 2 or 2 ZAJDEL I I 3 IFECO'2�' STATE OF__.ILLINOIS County of COOK ACKNOWLEDGtAEPIT BY SURETY I 5S. SAFECO INSURAPICt CO$.IPA?4Y OF Ai.4EAICA GENERAL INSURANCE CO"PANY OF AME41CA FIRST NATIONAL INSURANCE COMPANY Of AMERICA HOP,AE OFFICE: SAFECO PLAZA SEArTLE. WASHINGTON 94145 Oft this 3RD - d3y of NOVEMSFR 9 1995 before me personally appeared LOUIS T. ZAJDEL , in -own to me to be the Attorney -in -fact of SAFECO INISURAN E CO-NIPANY OF ANIERICA, GENERAL INSURANCE CO2%iPANY OF ANIERICA, FIRST NATIONAL INSURANCE CO-NIPANY OF ANIERICA or SAFECO NATIONAL INSURANCE CONIPANY, the corporation that executed the within instrument, and acknowledoed to me that such corporation executed the s2me. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written, ["OFFICIAL SEAVI N ean K� � el� ]e Jeall K. Belke Notary Public, Stg(e of Illinois xpifes My Commis 1 '7 84 1996 MY Commission ExPlies Sept. 8,1996 Notary c the State of County (�) CIEP 5�91 (DR49;5tet C4 Iradernalk at SAFSCO C0fP*FJI;0n- PRINTEO IN U.S.A. MI File No. 2166.95-A01-9GG f —0 NT RA Q T TIES CONTRACT, executed this --2th day of November­_A.D., 19_U by and between the City of Tallahassee, a municipal corporation created and existing under the laws of the State of Florida, h ereinafter called the "Owner", party of the first par� and EMERGENCY ONE, INC. hereinafter called the "Seller", party of the second part, WITNESSETH Tlat for the consideration and under the provisions hereinafter referred to moving from each to the other of said parties, respectively, it is mutually understood and agreed as follows: 1. That. the Seller has proposed to furnish certain fire apparatus and special application vehicles, for a period of five (5) years commencing on the 9th day of IfQy�� 1995, and has been awarded the contract for furn�ish.ing of the same in accordance with the detailed Special Conditions and Specifications of the City of Tallahassee and the Proposal of the Seller dated Rovember 9, 1995 2. The Seller will, at its own cost and expense, fumish the vehicles, equipment, services and ' rnaterials required to be furnished according to the Special Conditions and Specifications of the City of Tallahassee, a copy of which is attached hereto as Exhbit 'W' and by reference made a part hereof I The Seller agrees to furnish the vehicles, equipment, services and materials at ID the ur�t prices as determi ned and set forth in tile Proposal Form, attached hereto as Exi-libit "B" and by reference made a part here of, which the City agrees to pay to the Seller upon delivery pursuant to the terms of this Contract, when delivered, tested to the satisfaction of the City, and accepted by the City. 4. For the sum ofTen Dollars (110.00), which has been included in the prices set forth above, the Seller will indernrlify, defend and save harmless the City from all suits, cla�ims or actions brought because ofany injuries or damages sustained by any person or property as a result ofthe Seller's operations in connection with this Contract. 5. The Contractor agrees to the following conditions: a. The Seller will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Seller will insure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national. origin. Such action shall include, but not be lirrked to the following: employment upgrading, demotion, or transfer, recruitment or recruitment adver-tising, layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. b. The Seller agrees to post in a conspicuous place, available to all employees and applicants not' ices settins� forth the nmvi-zinnz nFtkic F I e No. 2166-95-A 0 1-9 G G c The Seller will, in all solicitations or advertisements for employees place� by or on the behalfof the Seller, state that the firm isan E�ual Opportunity Employer, d- In the event the Seller does not abide � by these statements of nondiscrimination, this contract may be canceled, terrn�inated, or suspended in whole or in part. IN V�-�SS WHEREOF, the parties hereto have duly executed this contract in quadruplicate and under their respective seals, the day and date first above wiritterL Signed, sealed and delivered in the presence of- 0 R - CITY Of TAL AHASSEE- 11 3y_ .LCCY�AL AHAS By-� C (Sean STEVEN C. 13URKETT (Seal) City Manager As t� WITNES 0 wrier R BERT B. INZn 10 city Treasurer-Cl erk ��QNTP-ACTOR: I r enc PeT—L��Qn�enc�.. (Typed name o B (Sea]) esident, Sales & Marketing As to Contractor j /I ATTEST- ��Y'f , ea Appr e as to'fornmT,: City Attorn national Sales Maria er 11111 d Title __q___ Executed in Quadruplicate* I %, Distribution: (1) Treasurer-Cler-k-, (2) Purchasing Division, 1Z ; (3) Contractor, (4) Deparlment Head 11 FWW". File No� 2166-95-AOI-9C;G CONTRACTBOND KNOW ALL NIEN BY TW-SE PRESENTS. That we (hereina.fler called the Principal), and a corporation dudy authorized under the laws of the State of Florida to act as Surety on bonds (hereinafter called the Surety) are held and firmly bound unto the City of Tallahassee, a rnur�cipal-co'rporaii`bn created and existing under the laws of the State of Florida, (hereinaRer called the Ownex) in the penal sum of Dollars and cents lawfW money of the United States of America to be paid to the City of Tallahassee, a municipal corporation as aforesaid, its successors and assigns, for the payment whereof will and truly be made we do bind ourselves, our respective heirs, executors, administrators, successor.s and assigns, jointly and severally, finrdy by these presents. Signed, sealed and delivered this day of A-D., 19 NOW THEREFORE, the condition of tUs obligation is such that has entered into certain Contract with the said City of Tallahassee, a municipal corporation, bearing date for provision of fire apparatus and special applic,-Ition vehicles upon certain terms and conditions in said Contract more particularly mentioned- and 0 . WHEREAS, it was one of the conditions of the award of the Owner pursuant to which said Contract was entered into that thesepresents shall be executed, NOW THEREFORE, the conditions of this obligation are such, that if the above bonded Principal shall in all respects, faithfully, and fully perform their terms and conditions of the said Contract and the obligations of the Contractor thereunder to be performed including the call for Proposals, Special Conditions, Specifications and the Proposal of the Principal and therein provided for, and shall pay to said City of Tallahassee as Owner, all costs, expenses, damages, loss and injuries sustained by said Owner by reason of any failure on the part of said Principal to fully perform said Contract and shall indemnify and save harmless the Owner from any and all liability of any nature, kind or character wh=ich may be incurred in the performance of such Contract or such other liability resulting from negligence or otherwise on the part of said Principal, including patent infringement on the part of said Principal and subcontractor or their agents or employees in the execution or performance of said Contract� except as otherwise provided in said Contract and shall fully reimburse and repay the Owner for all expenditures of any kind, character and description which may be incurred by the Owner in making good any and every default which may exist on the part of the Principal in connection with the performance of said Contract and further shall promptly make payments to all persons 5upplying tile said Principal or any subcontractors labdr, materials,equipment and supplies used directly or indirectly by the said Principal or any subcontractor in tile prosecution of the work provided for in said Contract and further, shall remedy any defects Contmct Dond, Pagc I of 3 File No. 2166-95-ADI-9GG -which may exist, appear, Occur or result in or from said work and pay for any damage to other work resulting therefrom, whi.ch may exist, appear, occur or result in or from said -work; then this obligation shall become null and void; else to remain in full force and effect. Any failure or default on the part of the Principal in the payment of any lawful claim of any person s ' upplying the said Principal or any subcontractor with labor, material or equipment and s4lies used directly or indirectly, as aforesaid in the prosecution of the work provided for in said contract� shall give such person a direct light to action against the Principal and the Surety under this obligation; provided, however, that no suit, action of proceeding by reason of any such failure or default shall be brought on Ws bond aRer one (1) year from date on which final payment under this Contract falls due. It is further covenanted and agreed that any alternatives or additions made under this contract or in the work to be performed thereunder or the granting of any extension of time for the performance of the Contract or any other forbearance by or on the part of either the Owner or the Principal shall not in any way release the Principal and the Surety or either of them, their respective heirs, executors, administrators, successors, or assigns, florn any liability hereunder. Notice to the Surety of such alterations, extension or forbearance is hereby specifically waived. This obligation shall remain'in full force and effect until the full performance of all covenants, terms and conditions herein stipulated. Contract Bond, Page 2 of 3 24 130ARD OF COLINTY COMMISSIONERS Sracuyl._ Fasterling Pat Frank Chris Harr Jim Norman ]an K. plutt Thomas Scott Ronda Storm December 27, 2001 Emergency One, Inc. 1701 SW 37" Avenue Ocala, FL 34470 47 16M WEP �,,Ulfnvi, Florida Office of the County Administrator Daniel A. Kleman TR10858 / EXHIBIT 2 Dcriury County Administriotor Parricia Bcan Assistant Coxinty Administrators Edwin Hurizekin Jimmie Keel Anthony Shaernakcr SUBJECT: NOTICE TO PROCEED, Blanket Purchase Order Number BPCW02000033; Emergency Vehicles and Ancillary Equipment You are hereby notified to proceed with the performance of subject purchase order. All work shall be completed in accordance with the terms and conditions of the enclosed agreement. The County's Project Manager for this Contract is Robert Hancock. Please coordinate all activities associated with this project with him. Mr..Hancock may be contacted at (813) 272- 6600. Sincerely, J6hn M. Benson Jr., C.P. Procurement Supervisor — Commodities Attachments: - Purchase Order Agreement Cc: Robert Hancock, Administrative Chief Post Office Box 1110 -Tampa, Florida 33601 An Affirnintm Actian/Equid Opponwivii-f EmpLoyer B Occ AGREEMENT BETWEEN HILLSBOROUGH COUNTY AND EMERGENCY ONE, iNt. L '�oard of County commis one s f This Contract is made and entered into by and betwebri the si r Hillsborough County, Fiorida, (hereinafter called "County"), and Emergency -One,. Inc. i toi sw 3711 Avenue Ocala, FL 344.70 (here inafter.cal led "Contractor".) F,uRpdSE ]tis:ihep,yr.pg.se�ofihis,Contra6t,to,6�tabli�hA'fiv6(5),IyLa��tbgtia'th,m,ent�f r the purchase,of: fire. 40aratuses bmergen.cy':,��ehi&les and an.c'illaky qquipment'f6f the Hillsbor I ou g h co - u, . j .. j . ty Pi re. 'Resdue.Depaftment.11n 60nsjderatj6hdfth0.t s ,gnd cppiditions:.,crintai,ned hereihi'thd paitie',s Wril ag reo. STATEMENT OF"WORK L The -Contractor, shall: furnish at its own �expen�e 6th. is.0 p e. difi.e.d) thep-%ecesswy pdrsonfl,61, etIuiprnOnt', �services and. otherwise',do -a'"I'l t: ingsrtecessary_z h" r-or j4nd.lqr incidentalAo.the jJerfbft­=;'-hdb �bf Wdrk. ih'accdrd8nce,'Withjh,e requirements, set forth in:,,thd folld.wiri� 00�cO'nents, W . hich! are incorporated: by:referen-ce.herein'.. 9 • Atfachment 1,. Statementof Woek • AttathrreftZ Feb Schedul • Attachmeat.3:, lfj�'s r?pqg.:R eqVirements • Atfachment 4,. Hillsborou n ourfcJlj gh Cou ty Purdhatirig b. PEMOD OF PERFORMANCE ............ I ........ . ..... .. ... -This A e greernent shall begin.performaric upon the effktive'dateof�Nofice to Proceed and .r�m-ain� ineff6ct five. (5) years unless terminated soon erofdxtehdeda�t :prpv'"d d this Agreement. OP7JONS Td REI�EW ..... .. .... ..... At th e so le: opti on of the Cou nty.,.this..A g reern Ont may be �renewed fo r a ril add itio ha I one. (1) �e a r period,. at the:s,ame. terms and.conditions. COMPENSA TION the County is to pay the Contractor"for the performance of all thinas-n6cppsary for or.incidental: to the perfdrmance of work as set forth the Statement of work., AtumhMent 1, which is attached hereto and incorporated by referiafidL4 hefein. The Contractor shall accept this; amount as full compensation �for all services provided and materials furnished; for�all costs andrexpenses incurred, and loss- or damages grbwing out of the natu�e.qf the services provided, 6rfr ri�i On"y f thosd s e ; for all ,unforeseen obstruction, ordifficulties encountered.:in the'provi��166 o. ery1c S: expenses incurred by or in consequeFrIde o . f the suspension or,disconfinuan6ebf the prdVis.i6n, of q' :, , - ices. In.no': event will the total' service, and for well ain.0faithfully.providing, there uired,s.eN. conipensation.drriount p . ayable I :under the terms of this Agreement be exce6dddu n less otherwise authorized by the County In a modification to this Agreement. FUNDING 11' funds becorne unavailable, the COLinty reserves the right to terminate this Agreement upon no less than 24 hours written notice. The notice shall be delivered by certified mail, return receipt requested, by telegram or in person. The County shall reimburse the Contrattor for all au'horized services provided prior to the issuance of this notice. METHOD OF PA YMENT19ILLING Invoices and other billing materials must contain at a minimum the Contractor's name, Federal Employer Identification Number (FIEN), the date of delivery and qUaritty of equipment provided, cost for the equipment and all other information necessary for a proper pre -audit and post -audit thereof. The Contractor shall submit to the County, at the time of invoice, a detailed listing of all accessories provided. Copies of all invoices relating to the accessories provided shall be attached to the listing. The County reserves the right to verify prices by examination of dealer or distributorJs invoices and to evaluate all purchases with respect to reasonableness of price. All paperwork, including invoices., documents, and obtaining unit's title, to be Contractors responsibility. All necessary paperwork, as above,. must accompany unit at delivery. Title, applic.ation,.and Supporting documents are to be made out to "County of Hillsborough", P.O.. Box 1110, Tampa, FIL 33601, and must be dated the delivery date of unit to Hillsborough County. Dealer to be responsible for and pay any penalties for late title application. The County may deduct a 1/2% discount for prompt payment, should such payment be made with in 10 calendar days from receipt of a proper invoice. PUBLIC EAMTY CRIMES STATEMENT A person or affiliate who has been placed on the convicte� vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a pubiic entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted - vendor list, Additionally, pursuant to County policy, a conviction of a public enfity crime may cause the rejection of a bid, offer, or proposal. The County may make inquiries regarding alleged convictions of public entity crimes. The unreasonable failure of a bidder, offerer or proposer to Promptly supply information in connection with an inquiry may be grounds for rejection of a bid, ofier or proposal. TERMINATION Hillsborough County may rescind or terminate this Agreement at will upon at least 90 days prior written notice to the Contractor. TERMINA T/QN FOR BREACH Unless the Contractor's breach is waived, the County may upon 24 hours written notice terminate this Agreement for the breach. Waiver of a breach of any provision of this Agreement will not be deemed a waiver of any other breach nor will it be construed to be a modification of this Agreement, 9 INDEMNITY i I!e Contractor s�-iall indeinnify, hold harmless, and defend the County, its agents and employees from and against any and all liabilities, losses, claims, damages, demands, expenses J or actions, either at law or in equity, including court costs and attorney'-f fees, that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies. or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or ornission, or based on any act of fraud or defalcation by the Contractor, its agents, subcontractors, assigns, heirs, and employees during performance under this Agreement. The extent of this indemnification shall not be limited in any way as to the amount or types of damages or compensation payable to the County on account of any insurance limits contained in any insurance policy procured or provided in connection with this Agreement In any and all claims against the County or any of its agents or employees by any employee of the Contractor, any subcontractor, heir, assign, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way as to the amount or type of damages, compensaflon or benefits payable by or for Contractor or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. C,ERTIFICATE OF INSURANCE / REQUIRED DOCUMENTATION This Agreement is contingent upon the Contractor furnishing the County, when required, a Certificate of insurance and any other required documentation, within lo days after Notification of Award. STATEMENT OFASSURANCE During the performance of this Agreement, the Contractor herein assures the County that the said Contractor is in compliance with Title VII of the 1964 Civil Rights Art as amended, and the Florida Civil Rights Act of 1992 in that the Contractor does not on the grounds of race, color, national origin, religion, sex,. age, handicap or marital status, discriminate in any form or manner against said Contractor's employees or applicants for employment. The Contractor understands and agrees that this Agreement is conditioned upon the veracity of this statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when Federal grant(s) is/are involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability. DRUG FREE WORKPLA CE The Contractor assures the County it vAll administer, in good faith, a policy designed to ensure the Contractor is free from the illegal use, possession, or distribution of drugs or alcohol. As part of Such policy, the Contractor will require, as a condition of employment, that each employee notify their supervisor within five (5) days if they have been convicted under a chminal drug statute for activity occur6ng at the workplace or outside the workplace, if the offense could be reasonably expected to affect the Contractors functon. The Contractor will, in turn, immediately notify the County of the occurrence as well as any and all corrective action taken. A criminal drug statute is any law, federal, state, or local, which makes unlawful the manufacture, distribution, dispensation, or possession of any controlled substance or illegal drug. AGREEMENT ALTERATIONS AND MODIFICATIONS This Agreement may be modified by mutual agreement of the parties. Such modifications shall not be binding unless they are in writing and signed by the County and the Contractor. E�ECQRQS. DOC PlIENTS, AND REPORTS The Clontractor -shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expanded in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, copying and/or audit by personnel duly authorized by the County and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract for five (5) years after settlement, and make them available for inspection by persons authorized undert'his provision. The Contractor shall be responsible for any audit exceptions or disallowed costs - r or any of its subcontractors. incurred by the ContractO WAIVER A failure by either party to exercise its rights under this Agreemen . t shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights. under this Agreement Unless stated to be Such in a writing signed by an authorized representative of the party and attached to the original Agreement. ATTORNEY F --ES AND COSTS If any litigation is brought to enforce this Contract or any litigation arises out of any contract term, clause or provision, each party shall be responsible for its own expenses, costs and attorney fees. .20, VERNANCE This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida and the venue shall be in Hilisborough County, Florida. ORDER OF P ?ECEDENCE The items listed below are incorporated by reference herein. In the event.of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be.,resolved by giving precedence in the following order: 1. Applicable Federal and Florida State Statutes and Regulations-, 2. The Terms and Conditions as contained in this Agreement; 3. Any othei& provision of this.Agreement incorporated by reference otherwise. SEVERABILITY If any provision of this Agreement or any provision of any document inc6rpor . ated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect withOUt the invalid provision, or part thereof if such remainder conforms to the terms and requirements of applicable law and the intent. of this Agreement, and to this end the provisions of this Agreement are declared to be severable. PROJEC T 1�,IA JVA GEF, I The Project Mlanager for the Contractor is, The_Project Manager for the County is: Hallr-nark Fire Apparatus, Inc, Hillsborough County Fire Rescue Jim Hall Chiel Robert F. Hancock ,,51h 3731 N.W, Z. Avenue 2709 East Hanna Ave. Ocala, FIL 134475 Tampa, FL 33610 Phrjne� 352-629-6305, 800-524-C-072 Phone: 813-272-6600 FAX: 352-629-2018 FAX: 813-272-6692 I E-mail: FireTrucksp_aol.com E-mail: HancockRrcDHillsborouahCountvora= = _ j ALL INRMNGS CONTAINED HEREIN This Agreement sets forth in full all the terms and conditions agreed upon by the parties. Any other agreement, representation, or understandings, verbal or otherwise, regarding the subjec�t matter of -this Agreement shall be deemed to be null and void and of no force and effect whatsoever. /IV WITNESS WHEREOF, the parties have executed this Agreement. AT TEST: RICHARD AKE COUNTY: HiLLSBOROUGH COUNTY CLERK OF CIRCUIT COURT FLORIDA FLORIDA BY: By., DEPUTY CLERK % 4 CHAIRIVAN, BOARD bF COUNTY COMMISSIONERS CONTRACTOR �AUTH IZED SIGNATU�RE PRINTED NAME 1/1(:C-. TITLE DATE File Approval Date Dept. Contracts Legal 1�w 01 FL1:;F',!DA ru U'M E �l T N 0 _188a�_ 1; ACKNOVILEDGEMENT OF RESPONDENT. IF A CORPORATIO STATEOF _CGUNTYOF The foregoing instrument was acknowledged bp -fore me thLi$ By , V (Date) (Nime of officer or agent, title of officer or agent) of (-%1VIk f% h, a corporation, (Nhine W corporation acknowledging) (State or place of incorporation) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me a', the time of notarization, and is personally known to me or has produced (Type of Identification) as identification and did certify to have knowledge of the Matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this U-Cil - (11 (Date) UZANNE AOANA L'T"P, -... .'. my MMISSION I CO 842355 ILI 4-'a— Commission Numbe (0 ial Notary SiTatre and Notary Seal) RES. jo, a 2, Moo Commission Expirati (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF RESPONDENT. IF A PARTNERSHIP STATE OF COUNTYOF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) partner (or agent) on behalf a partnership. appeared before me at the time of notarization, and is personally known to me or has produced He!she Personally (Type of identification) as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) (Date) Commission Number Commission Expiration Date ACKNOWLEDGEMENT OF RESPONDENT —IF AN INDIVIDUAL STATE OF COUNTY OF The, foregoing instrument was acknowledged before me this By (Date) . (Name of acknowledging) who personally appeared before me at the time of riotarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) (Narne of Notary typed, printed or stamped) Commission Expiration Date A Attachment I Statement of Work 1) The County estimates that the resultirg expenditures resulting from this contract will not exceed $27,500,000.00 for the performance of all things necessary for or incidental to the performance Qf'NOrk as set forth in the Statement of Work, and in accordance with the Fee Schedule, There is no obligation on the part of the County to purchase any set or minimum amount of fire apparatus or special application vehicles during this contract period. 2) The County reserves the right to deviate from this contract and procure the item(s) from another source should it be deemed in the best interests of the County- 3) This agreement shall be extended to other State, County, Municipality or Special Fire Districts, under the same conditions, for the same contract price, and for the same effective period. 4) PURCHASING COUNCIL: REFERENCE LAWS OF FLORIDA 69-1112 AND 69-1119. This agreement shall be extended to the Governmental Purchasing Council of Hillsborough County, under the same conditions, for the same contract price, and for the same effective period, to all public entities in Hillsborough County. (SEE ATTACHMENT 4) a) Any Hillsborough County public entity m'6y elect to utilize this agreement at their option. All Hillsborough County public entities will issue their own purchase orders and coordinate the delivery locations and quantities with the successful bidder(s). b) Hillsborough County Govemment will not be eSDonsible for any transactions between the successful bidder(s) and Hillsborough County gublic entities that may elect to utilize t agreemen . All terms, prices and conditions of this agreement will apply between the Contractor, and any other Hillsborough County public entities utilizing this agreement. NOTE: THE QUANTITIES ESTIMATED IN THIS AGREEMENT ARE FOR HILLSBOROUGH COUNTY ONLY. 5) The County shall issue a Blanket Purchase Order to cover any su, pplies or services to be furnished under this agreement. The using department(s) will then issue Release Purchase Orders against the Blanket Purchase Order on an as needed basis. The Contractor shal deliver only on a Release Purchase Order. Such orders shall be issued from date of the award through the expiration of the agreement. 6) All shipments by the Contractor must be F.0.13 Destination, unless otherwise authorized "in writing by the County. 7) Contractor shall deliver the equipment to the County, ready for service, wi thin the following schedule: a) Tanker: 240 days after receipt of order. b) Pumper: 180 days after receipt of order. c) Aerial Apparatus (Elevating Platform, Ladder Trucks, etc): 210 days after receipt of order- d) Ambulance: 180 days after receipt of order. e) Special Application Vehicle: 240 days after receipt of order. f) Delivery for equipment utilizing commercial chassis will be quoted on a per order basis. Attachment 1, ScoPe of Work 7 8) Manuals: a) Cor',,'r2ctor shall inClUde with the initial delivery of each model year vehicle the tollowing Three ('3) Compact Discs (C.D) that contain at a minimum'. i) Technical and Service Manuals for Cab and Chassis, ii) Technical and Service Manuals for Vehicle Body, iii) Parts Manuals for Cab, Chassis and Body, and iv) Operators Manuals. b) Three (3) sets of printed manuals shall be provided with each vehicle ordered; to a maximum of Four (4) sets per order of like vehicles. c) A copy of manufacturer's preventive maintenance schedule shall be provided with each vehicle. 9) Specifications: a) All Equipment provided shall meet all requirements of the latest edibono.f NHTSA, FMVSS, State of Florida, and NFPA. b) All vehicles and equipment furnished shall be manufacturer's latest model. c) Appurtenances and/or accessories furnished shall conform to best practice known to the fire fighting or special application trade-in design, quality of workmanship and material, and be subject to the specifications provided for at the time the order is placed. d) All vehicles furnished shall be constructed With due consideration to the equipm. ent's intended use arid performance characteristics, including but not limited to load distribution, such that they will operate under all conditions (weather, environmental, load, etc.) in conformity with the County's specifications and all applicable federal, state, and local laws. 10) The fire apparatus and special application vehicles'shall be assembled, serviced, adjusted, and demonstrated to the satisfaction of the County that the equipment is in perfect mechanical condition. Contractor is responsible for the complete construction and assembly of all vehicles and equipment components. 11) Pre -Construction and Inspection Visits: a) The Contractor shall provide all transportation, lodging and -meals for up to three (3) members of Hillsborough County to travel to the vendors' manufacturing facility (at which the vehicle is being constructed) for a total of three (3) visits. The transportation, lodging and meals shall include air transportation (County option), rental car (County option), lodging and meals (2 nights per trip) for up to three (3) personnel roundtrip from Tampa. The Contractor shall coordinate with the County trip arrangements at least two (2) weeks prior to the scheduled visit. The three (3) visits are as follows: i) A pre -construction meeting to completely review the specifications and drawings prior to the vehicle assembli/construction commencing, ii) A mid -production meeting at the 45-55% completion stage to inspect and verify integral specification compliance for wiring, integral component system installation, etc. prior to progressing to final completion. iii) A final inspection1performance test. The vehicle shall be 100% complete and ready for delivery, The County will perform a final inspection and full performance test of the vehicle and all integral systems. The Contractor shall provide the technical information and representative(s) necessary to allow for a complete and Attachment 1, Scope of Work 8 thorough conformance meetingfinspection. Any and all third party certifications shall be available for review at this meeting. if the vehicle is found to be not ready any additional trips shall be at the expense of the vendor with no additional Cost to Hillsborough County. b) Any costs associated with the above Pre -Construction and Inspection Visits that will be charged to the County must be: Clearly identified on the apparatus stripper (line item detail). Contractor to use item numbers 2 000 00 — 10 "Inspection Trip" and 20000100 "Pre -build Conference" to 7indicate these costs on the apparatus stripper. ii) Invoiced separately. 12)Vehicles and equipment will be accepted only after all requirements for delivery have been met. Delivery of vehicle(s) and equipment to the County does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the delivered vehicle(.$) or equipment meet specifications and the conditions. Should the delivered vehicles or equipment differ in any respect from the specifications, payment will be withheld until such time as the Contractor completes all necessary corrective action. 13) Statement of Warranty: All warranty repairs covered by these requirements shall include all parts, materials, labor and other expenses required to complete the repair to the satisfaction of the County. a) 1 Year Standard: The apparatus manufacturer shall provide a full one year standard warranty. Alf components manufactured by the apparatus manufacturer should be covered against defects in materials or workmanship for a one year period. All components covered by separate suppliers such as engines (minimum 5 year/100,000 miles), transmissions (minimum 2 year/unlimited miles), axles (minimum 1 year), tires, and batteries shall maintain the warranty as provided by the component supplier. A copy of the warranty document shall be provided with the vehicle. a f rr ty s b Lifetime Frame. The apparatus manufacturer shall provide full life ime frame wa an Th warranty shall cover all apparatus manufacturer designed frame and frame members against defects in materials or workmanship for the lifetime of the covered apparatus. A copy of the warranty document shall be provided with the vehicle. c) 10 Year/100,000 Mile Structural: The apparatus manufacturer shall provide a comprehensive 10 yearil 00,000 mile structural warranty, This warranty shall cover all structural components of the cab and/or body manufactured by the apparatus manufacturer against defects in materials or workmanship for 10 years or 100, 000 miles, whichever occurs first. Excluded from this warranty are all hardware, mechanical items, electrical items, or paint finishes, A copy of the warranty document shall be provided with the vehicle. d) Lifetime Polypropylene Tank: The apparatus manufacturer shall provide a full lifetime polypropylene tank warranty. This warranty shall cover all defects in materials or workmanship of the polypropylene tank for the lifetime of the covered apparatus, A COPY Of the warranty document shall be provided with the vehicle. e) 10 Year Stainless Steel Plumbing Components: The apparatUS manufacturer shall provide a full 10 year stainless steel plumbing conriponents warranty. This warranty shall cover defects in materials or workmanship of apparatus manufacturer designed foam/water plumbing system stainless steel components for 10 years. A copy of the warranty document shall be provided with the vehicle. Attachment 1, Scope of Work f) 10 Year Paint and Life -time Corrosion Perforation: The apparatus manufacturer shall providc- a full 10 year paint and lifetime corrosion perforation warranty. This warranty shall cover paint peeling, cracking, blistering, ;and corrosion provided the vehicle is used in a normal and reasonable manner, Paint shall be covered 100% for 10 years and corrosion perforation shall be covered 100% for the life of the vehicle. A copy of the warranty document shall be provided with the vehicle. g) Owner Protection Plan Custom Chassis Pumper, Aerial, Tanker, and Rescue Two (2) Year Standard Warranty: The apparatus manufacturer shall provide a full second year extension an the standard warranty. All components covered in the mantdacturer's statement of warranty shall be covered for a total of twenty-four months from delivery of the apparatus. All components covered by separate suppliers such as engines (minimum 5 year/1 00,000 miles), transmissions (minimum 5 year/unlimited miles), axles and brakes (minimum I year), tires, and batteries shall maintain the warranty as provided by the component supplier as long as they meet the minimums stated. A copy of the warranty extension document(s) shall be provided with the vehicle. 14) Warranty Work: a) The County desires to become a factory authorized repairfacility for warranty work. All necessary training and expenses associated with this authorization shall be provided to the County at no charge. b) The Contractor shall reimburse the County for warranty work performed by the County at the rate indicated on the Fee Schedule. c) Contractor shall provide on -site assistance for unresolved warranty work as required. Attachment 1, Scope of Work 10 Attachment 2 Fee Schedule The County is to pay the Contractor for the performance of all things necessary for or incidental to the performance of work as set forth in the Statement of Work, and in accordance with this Fee Schedule. The Contractor shall furnish the County fire apparatuses, emergency vehicles and ancillary equipment in accordance wfth the Scope of Work at the pricing indicated below: Item I 11131131MM� . 10-111111-21,11 Description Unit Price I Vehicles Dealer net Options Dealer net Accessories, including freight charges (The term accessories as used herein describes the basir, equipment which in essence becomes a part of the apparatus. Examples of which WOUld include; radios, intercom/hearing protection system, deck gun/ground 12% above Dealer Net monitor, ladders, intake valve, hydrant valve, adapters, supply hose, booster hose, hard suction hose, etc. Examples of items which would not fall under this provision are, Self Contained Breathing Apparatus, Personal Protective Equipment, etc.). 2. Percentage of Discounts and/or Incentives to Dealer 15% credited to County 3. Reimbursement Rate for Warranty Work $55.00 per Hour Attachment 2, Fee Schedule Vage 11 Attachment 3 Insurance Requirements Contractor will maintain throughout the period of this contract General Liability Insurance with a combined single limit for bodily injury and property damage of no less than $2,000,000 per occurrence and with an annual aggregate limit for Products/Completed Operations Liability of no less then $4,000,000. The policy will be issued by an insurer, on a form and with a deductible all of which are acceptable to the County. County will be named as an additional insured on the policy throughout the period of this contract. Aftne-hmant A In-tsirnnrp Panmramantc P=na 1) Attachment 4 HiUsborough County Governmental Purchasing Councii City o.'Tanipa `Ci5 E. J ackson St. Tampa, FL 33602 joan McConnell, Purchasing Director p�,24@ci-tampa.fl.us K,-ndaj Capaz, Purchasing Mgr. (Alternate) 001sp-ci.tampa.fLus 14ALp il-1--trw. c i, t a m p a. fl. u s Phone� (813) 274-8353 -- A X -. (5 13) 2 7 4-aZ 55 City of Plant City P. 0. Dr3wer C P;ant city, FIL 33564 Phil Waldon, City Manager Bob Bedell (Alternate) Phone� (513) 757-9144 FAX: (813) 757-9154 pvnldl @)ix.netcom.com City of Temple Terrace Mr. Kim 0. Leinbach C,ity Manager 11250 N � 56th St. P, 0, Box 16930 Temple Terrace, FL 33687 �a 13) 9$9-7100 FAX: (813)gag-7185 http:/I,.vww.ternpleterrace.com 1�lerk of Circuit Court .3-31 E. Kennedy Blvd.-13th Floor P.0, Box 1110 Tampa, FL 33501 Jackie Burns, General Manager I JOY CZrUSO, Buyer (Afte"nate) Phone: (813) 276-8100 Ext.7721 FAX: (813) 271--SS21 Expressway Authority 412 E. Madison, Suite 800 Tampa. FL 33602 Shari Callahan shariQthcea.org Patrick McCue, Executive Director Mary Hall, Asst. Director (Alternate) Phone: (813) 272-6740 FAX: (813) 273-3730 Hills. Area Regional Transit Authority 4305 E, 21 st Avenue Tampa, FL 23605 john Clark, Procurement Manager Phone: (813) 6Z3-5&'Tr5 FAX: (813) 664-1119 SittekeE@,Hartline.org LakatgHartfine.org Hillsborough County Aviation Authority P. 0- Box 22287 Tampa International Airport Tampa, PL 33622-2287 Douc Hanlon, Purchasing Manager Zicr�ara Frensley, Buyer (Alternate) �3 h on e: (B 13) 8 70-8 730 AX: (813) 875-6670 -thanlongtampaairport.corn Hillr,borough County School Board F, 0. Box 3408 I ampa, FL 33601-3408 William Borrer. Purchasing Supervisor Hank Morbach, Principal Buyer (Alternate) Phone: (813) 272-1327 FAX� (313) 272-*07 Bill. e orrere_sbhc.k 1 2.fl-us hitp,liwww.ideas-classroorn.org Hillsborough Community College P. 0. Box 31127 Tampa. FL 33631-3127 Paul Johnson, Purchasing Manager pjohnson@hcc.cc.fl.US Vond2 Melchior MeIchiorQ_hcc.cc.fI.us Terry Fryman Phone: (813) 253-7060 FAY: (812,) '-15Z-7561 Hillsborough County Purchasing Dept. 601 E. Kennedy Blvd.. lath Floor P. 0. Box I I 10, Tampa, FL 33601 -1110 Lula F. 'Lu' Banks, Director Lynne Fillmon, Purchasing Manager Phone: (813) 272-5790 FAX. (813) 272-6290 FOO; (Si3) 272-5938 flilmonlChillsboroughcounty.org Hillsborough County Sheriff P - 0. Box 3371 Tampa, FL 33W-1-3371 Carolyn Hendrickson, Exec. Buyer Phone: (813) 247-8054 FAX: (Si 3) �47-0907 sferlita@hcso.tampa.fl.us http-://www.hrso.tampa.fl.us Hillsborough County State Attorney South Annex Tower Floor Tampa, FL 33602 Elvin Martinez. Jr., Administrator Geraldine Battle battle_gQsaol3th.com P h on e: (8 13) 274-1998 FAX: (813) 272-7014 Property Appraiser 601 E. Kennedy Blvd,, 15th Floor Tampa, FL 33602 Mike Cook, Asst. Deputy Prop. Appr- Brandon Spicola, Storekeeper (Alter.) Phone: (813) 276-8831 FAX: (813) 272-5519 cusiserv@proppr.co.hillsborough.fl.us http:]/propappr.co.hillsborough.fl.us Supervisor of Elections 501 E. Kennedy Blvd,. 15th Floor Tampa, FL 3:3602 Donna Schomer. Purchasing Agent Phone; (813) 276-a274 FAX: (813) 272-7043 http://www.votehillsborough.org City of Tampa Housing Authority GGS South Rome Ave. Tampa, FL 3-3607 Denise Surles, Director Andrew Persaud, Purchasing Agent Phone: (8 13) 253-0551 Ext. 319 or Phone: (613) 253-0551 Ext. 315 FAX: (313) 251-4522 Tampa Palms Community Dev. Dist. 18311 Tampa Palms Blvd W Tampa, FL 33647 John Daugirda Phone: (813)977-39M Fax: (813) 977-SS71 eddtampaO-gte-net Tampa Port Authority 1101 Channelside Drive Tampa, F L al. M2 David Webb, Fiscal Analyst Phone: (513) 905-7678 FAX: (813) 905-5109 ISwe(1j(2nQtamoaport.com Tampa Sports Authority 4201 N. Date Mabry H%vy. Tampa, FL 33607 Joseph Haugabrook. Purchasing Director Phone� (8`13) 350-65M ext, 5510 FAX: (813) 673-4308 haugabi0mail.state.fl.us Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Dawn Antinorl, Senior Manager Phone: (813) 307-6222 FAX: (8 13) 307-6$21 antinori@_hctc.co,hillsborbugh.fl.us The Children's Board of Hills. County 1205 E. 8th Avenue Tampa, F L 33605 Bill Jones. Sr. Manager Phone: (813) 229-2884 FAX: (al 3) 225-al 22 bjones@childrensboard,org Hill sborough County Purchasing Council bids may be available to all chartered municipalities, local public agencies, boards, and other authorities existing in Hillsborough County. Aftor-hrnoant A Hilichrurmnh rniintu Ptirrhazinn r.rmnril pam� I q Page I of 2 TR10858 / EXHIBIT 3 Catherine Antonakos From: Keith Glatz Sent: Wednesday, November 23, 2005 4:40 PM To: Catherine Antonakos Subject: FW: Agreement for Fire Apparatus The following should be included as Exhibit to TR 10858 Keith K. Glatz, CPFO Purchasing & Contracts Manager City of Tamarac, Florida (954) 597-3567 (voice) (954) 597-3565 (fax) keithg@tamarac.org ----- Original Message ----- From: Lynne Fillmon [mailto:FillmonL@hillsboroughcounty.org] Sent: Tuesday, November 22, 2005 4:20 PM To: Keith Glatz Subject: Re: Agreement for Fire Apparatus Keith - we have no objection to you utilizing the E-One contract. It's worked very well for us!! I'm checking w/John Benson on our office about getting a copy for you. Lynne E. Fillmon, CPPO, CPPB Manager, Commodities Procurement Hillsborough County Purchasing Department P. 0. Box 1110 Tampa, FIL 33601 813.301.7060 fillmonl@hillsboroucihcounty.org >>> "Keith Glatz" <keithg@tamarac,org> 11/22/05 3:53 PM >>> Lynne, I want to thank you for taking the time to speak with me regarding your Fire Apparatus Agreement, which is in place through December of 2006, In that regard, the City of Tamarac would like to piggy -back off of your Agreement for the purchase of fire apparatus from E-One Inc., through their agent, Hallmark Fire Apparatus, Inc, Accordingly, I would like to request your permission to utill7e the pricing and terms of the aforementioned agreement. Please advise me if we will be able to piggy -back off of your Agreement Thanks for your time and consideration. Keith Keith K. Glatz, CPPO Purchasing & Contracts Manager City of Tamarac, Florida 7525 NW 88th Ave. Tamarac, FL 33321 (954) 597-3567 (voice) (954) 597-3565 (fax) keithg@tamarac.org 11/23/2005 TR10858 / EXHIBIT 4 MUhL8WWAV1AdVr'%;"aVTVjff'4 FME APPARATUS PROPOSAL DATE: November 16, 2005 This Proposal has been prepared for; City of Tamarac Fire Administration 7501 N.W. 88'h Avenue Tamarac, Fl. 33321 We propose to.furnish to you one (1) Emergency One 50' Mid -Mount Boom on a Typhoon chassis, to be custom built and equipped per the City of Tamarac specifications. The vehicle shall be priced according to the open contract with Hillsborough County Florida. The purchase pride shall also include all listed vehicle components and NFPA recommended equipment as required by the fire department, Delivery will be F.O.B. Tamarac, FL and will be made approximately 180-210 calendar days after receipt of the order at Hall -Mark Fire Apparatus in Ocala, Florida. Terms of payment shall be cash on delivery (C.O.D.) unless prepay option is taken, The current purchase price for the is as follows: Cost of Apparatus $ 459,075.00 Discount per Hillsborougli Contract $ -8,923.00 Cost Including Discount $ 450,152.00 Trade In $_ -30,000,00 Cost Including Trade $ 420,152,00 25% Prepay Discount j - 4 �2O 1.00 Total Apparatus Cost $ 415,951.00 This proposal shall expire on November 30, 2005. After this date pricing will be a minimum of 3% higher due to price increase fr�Kfi E-One. This proposal is de�/fled acceptable by the undersigned. In witness whereof, The Company and the Purchaser shall ex ute an agreement to this proposal with signatures from authorized representatives as Z of the date set fo; 13,v eacW Company: By:__ Typed/Printed:A/laom 0. Title; Date: A www.hall-markfire.com E-Mail: info@hall-markfire.com Purchaser: By: _ Typed/Printed: Title: Date: <Gg> AUTHORIZED DEALER HA RK F I r GAA 0 ki 9 3 November 23, 2005 Mr. Keith Glatz City of Tamarac, Florida RE: Proposal Extension Dear Mr. Glatz: 3431 NW 27th Avenue * Ocala, Florida 34475 Office: 352-629-6305 * Fax: 352-629-2018 Toll Free: 1-800-524-6072 Please allow this letter to serve as written notification that the validity of the proposal submitted for the purchase of E-,ONE fire apparatus will be extended through December 30, 2005. Please caIVne if you have any questions. Best Wlilliirdl). Alm V.P. / General Manager www.ball-markfire.com E-Mail: info*hall-markfjre.com Authorized DeAer