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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1131 1 Temp. Reso #8168 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-//3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; APPROVING THE REMANUFACTURE OF THE LADDER/PLATFORM BY SIMON LADDER TOWERS, INC. BASED ON THE CITY OF MIAMI BID #96-97-101, AT A TOTAL COST NOT TO EXCEED $398,540.00; THROUGH A LEASE PURCHASE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the ladder/platform currently owned by the City is twenty years old and does not meet current National Fire Protection Association standards; and WHEREAS, the Simon Ladder Towers, Inc has offered to extend the terms and conditions of the bid awarded by the City of Miami (exhibit #1) to the City of Tamarac; and WHEREAS, Simon LTI, Inc. is a sole source provider because product liability prevents other manufacturers from working on the vehicle; and WHEREAS, the total cost of the vehicle is $398,540.00; and WHEREAS, the City will obtain financing through a lease purchase plan subject to City Commission approval; and Temp. Reso #8168 Page 2 WHEREAS, funding to meet the lease purchase payments will not be needed until either the FY99 or the FY00 budgets depending on the lease purchase plan adopted by the City; and WHEREAS, it is the recommendation of the Fire Chief and the Purchasing and Contracts Manager that this purchase be awarded to Simon Ladder Towers, Inc.; and WHEREAS, City Code §6-155 allows the Purchasing Officer the authority to utilize contract prices from other governmental agencies; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the City of Tamarac to authorize the remanufacture of the ladder/platform by Simon Ladder Towers, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE 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: That Simon Ladder Towers, Inc. is awarded the bid for the remanufacture of the ladder/platform based on the City of Miami Bid #96-97-101 not to exceed $398,540.00. SECTION 3: That the appropriate City Officials will obtain a lease purchase agreement subject to City Commission approval and the budget is amended to accept the capital lease as appropriate. SECTION 4: That all resolutions or parts of resolutions in conflict herewith are 17 Temp. Reso #8168 Page 3 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 application, it shall not effect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this o2a day of +AA� , 1998. J SCHREIBER MAYOR ATTEST: CAROL GOLO CMC/AAE CITY CLERK approved this RESOLUTION as to form. CITY ATTORNEY Coding: Words in StFUGli theu@14 are deletions from existing law; Words in underscored type are additions. RECORD OF COMMIS I MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M l\ ISHKIN DIST 3: COMM, SULTANOF DIST 4: COMM. ROBERTS 'TEA it U.So * g16cg EXHIBIT 1 is March 3, 1998 Tamarac Fire Department Attn: Deputy Chief Paul Forsburg 7501 NW 88th Avenue & Pine Island Road Tamarac, Florida 33321 REFERENCE: Simon-LTI Serial Number 0781081 Dear Paul, simon &?,w' Simon Ladder Towers, Inc. 64 Cocalico Creek Road Ephrata, PA 17522 USA Telephone (717) 859-1176 Facsimile (717) 859-2774 The price to remanufacture your current 85 Foot LTI will be $398,540.00. This will include supplying a new Cummins engine and World transmission in place of your existing 8V92 and HT-740 transmission. Our current contracts with the City of Miami should allow you to tag on to their contract. The price quoted to you is the same price that is on the Miami contracts. As you know, LTI and Spartan Motors have offered a brand new chassis at this time. The window of opportunity to order a new chassis will last approximately thirty (30) to sixty (60) days. The price difference if the City Council does not act on this time frame would increase the price of the project by $68,000.00. As you can see, there is a significant savings if approvals could be granted in the near future. I have enclosed a copy of the financial leasing with no money down, first payment due a year from delivery. For seven (7) years the interest rate if 4.91 % with a total payment once a year at $68,651.00. Along with this package you will find a drawing of what the proposed unit will look like when returned to the City of Tamarac. A full set of specifications will follow once you have had a chance to review the pictures and drawings. If I can be of any further assistance, please don't hesitate to contact my office. Best Regards, SIMON LADDER TOWERS, INC. Robert B. Gray Sales/Service Manager 0 RBG:aw Enclosure 1 4 4 City of Miami PURCHASE ORDER NO: PURCHASE ORDER 703979 Show this number on all packages, invoices and shipping papers Page No: Order Date: Bid/Contract: No: Department of Purchasing, 'r 7•„_ r� `��i P. O. Box 330708 Miami, Florida 33233-070$ ,,,, /971 SS — 101 (305) 416-1900/1922 FAX (305) 416-1925 Buyer: Category Number Telephone No. 29872 — —1176 FIRE --RESCUE ' SUPPORT SERVICE SIMON LADDER TOWERS INC �"" 1151 NW 7 STREET s' ATTN � cq' MIAMI, FL 33136 64 COCALICO CREEK RD EPHRATA PA 17522 Ntir City of Miami Accounting Division / Accounts Payable �Rs= Department of Finance /ACCtS. Payable 3s P.O. Box 330708 Miami, Florida 33233-0708 Department Contact Person Telephone No: Requisition No: FIRE —RESCUE 305--575-5216 FSS-7-14549 Item# Commodity Code# Description Qty Unit Unit Price Extended Price 929-62 REFURBISHING OF TWO EXISTING 100 1 782820.00 782820.00 FOOT AERIAL TRUCKS. AS PER RESOLUTION NO. 97-458. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD THE STATE OF FLORIDA HAS APPOINTED AN EMERGENCY FINANCIAL OVERSIGHT BOARD ("OVERSIGHT BOARD") WHICH IS EMPOWERED TO REVIEW AND APPROVE ALL PENDING CITY OF MIAMI CONTRACTS, AS A RESULT, CONTRACTS SHALL NOT BE BINDING ON THE CITY UNTIL SUCH TIME AS THEY HAVE BEEN APPROVED BY THE OVERSIGHT BOARD. EXECUTION OF THIS CONTRACT BY THE CITY MANAGER OR HIS DESIGNEE SHALL CONSTITUTE EVIDENCE OF ITS APPROVAL BY THE OVERSIGHT BOARD. 782820.00 Tax ID or S/S No: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Vendor Instructions 1Florida Tax Exempt ID #23 08 330380 54c. 2> Invoices: Direct Invoices in Duplicate to the address shown XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X XXXXXXXXXXXXXXX�X]XB��XM&YMXXXX�N EntityType. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX above XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxxx XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 3. Terms and conditions set forth in our laid or Quotation on the Terms: (Prompt payment Discount) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX reverse side hereof or incorporated herein b reference p Y XXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxxxXXXXXXX become a part of this order. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxx NE.T30 xxxxxxxXXXXXXXXXXXxXXXXxXXXXXXXxxxxxxXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx F.O.B. DESTINATION xxxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Unless Otherwis Specified p Purchase Order No: XXXXXXXXXXXXXXXXXxxxxxxxxxxxxxxxxxxxxxxxx 7()3979 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXxxxxxxxXXXXXXXXXXXXXX Delivery Date rY XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxyyyyyxxxxxxxxyxyxxxyxxxxxyxxxxxxxxxx City of Miami Date Approved C FN/PC 506 Rev. 7/97 Distribution: White Vendor Green Accounts Payable Canary Purchasin Dept. Pink Requesting Dept.Goldenrod Receiving Record. 0 C.A. GIMENEZ Fire Chief Q-1t#ij of *Htamt EDWARD MARQUEZ City Manager August 1, 1997 Simon Ladder Towers, Inc. Attn: Robert Gray 64 Cocalico Creek Road Ephrata, PA 17522 Dear Mr. Gray: On July 10, 1997, the City of Miami City Commission passed a Resolution (Reso. No. 97-458) ratifying, approving and confirming the City Manager's finding of a sole source; waiving the requirements for competitive sealed bidding procedures and . approving the refurbishment of two existing aerial trucks at a proposed amount of $782,820 (including a $5,000.00 contingency fund) from Simon Ladder Tower, Inc. On July 18, 1997, a notice of award was issued to Simon Ladder Tower, Inc. A purchase order will be issued within the next five business days. Sincerely, Maurice L. Kezxxp, Assistant Fire Chief Department of Fire -Rescue MLK/acp r� DEPARTMENT OF FIRE-RESCUE/444 S.W. 2nd Avenue/Miami, FL 33130/(305) 416-1600 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 0 . AGREEMENT This Agreement is entered into this _ _ day of August, 1997, by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Simon Ladder Towers, Inc_, a Pennsylvania corporation ("Contractor") RECITAL A. The City is in need of refurbishing two (2) Aerial Trucks utilized by the City's Department of Fire -Rescue, in order to provide appropriate levels of fire protection to the community. B. Contractor has submitted a proposal for the refurbishing services and the completion of two (2) Re -manufactured 100' Aerial Tower Fire Apparatus (the "Services"), which meets the City's specifications (the "Proposal). The Proposal is attached hereto as Exhibit "A" and is by this reference incorporated into and made a part of this Agreement. B. The Commission of the City of Miami, by Resolution No. 97-458, adopted on July 10, 1997, approved the Proposal and authorized the City Manager to execute a contract with Contractor, for the provision of the Services, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Contractor and the City agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence upon full execution hereof and 0 shall end upon satisfaction of all of the obligations of the parties hereunder. 3. SCOPE OF SERVICE: A. Contractor agrees to perform the Services and to deliver to the City two (2) Re - manufactured 100' Aerial Ladder Fire Apparatus (the "Equipment"), in accordance with the terms and conditions of the Proposal. Without limiting the generality of the foregoing, Contractor agrees that the Equipment shall be completed at Contractor's factory, and delivered to the City, at such location as the City may designate, within 180 calendar days after full execution of this Agreement and completion of a Pre -Construction Conference, in accordance with the Proposal. B. Contractor represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in accordance with the provisions of the Proposal, and (v) all material and workmanship in and about the Equipment shall comply with the specifications contained in the Proposal. 4. WARRANTY: Contractor warrants labor and material in and about the Equipment as set forth in Exhibit "B", attached hereto and made a part hereof 5. PRICE AND TERMS OF PAYMENT: A. The price for the Equipment is Seven Hundred Seventy -Seven Thousand Eight Hundred Twenty Dollars ($777,820). The City shall pay to Contractor the full price, net of any 40 applicable local, state or federal taxes which may be applied to the Equipment, after delivery, ORs:contract for fire apparatus sole source.doc 2 testing and acceptance by the City of the Equipment. The City's acceptance of the Equipment shall be evidenced by the execution of a Certificate of Acceptance for each- B. Payment shall be made to Simon Ladder Towers, Inc., 64 Cocalico Creek Road, Ephrata, Pennsylvania 17522, within forty five (45) days after receipt of Contractor's invoice. C. The parties hereto agree that the Equipment shall remain the property of Contractor, and shall not be placed in service by the City, until the price is paid in full. 6. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement, audit , or cause to be audited, those books and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof and/or the terms of the Proposal. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: Contractor represents and warrants to the City that i it has not employed or retained any person or company employed by the City to solicit or secure ORS:eontract for fire apparatus sole source.doc 3 this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. S. PUBLIC RECORDS: Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as the may be amended from time to time. 10. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "lndemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Contractor or its employees, agents or subcontractors (collectively referred to as "Contractor"), regardless of ORS:eonlract for tiro apparatus sole source.doc 4 whether it is, or is alleged to be, - caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Contractor to comply with any of the paragraphs herein or the failure of the Contractor to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Contractor expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 11. DEFAULT: If Contractor fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 4k ORS:conlract for fire apparatus sole source.doc 5 12. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (1) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $4,500, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (ill) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager, 13. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice to Contractor, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to the City all amounts received while Contractor was indefault under this Agreement. ORs:contract for lire apparatus sole source.doc 6 14. PERFORMANCE BOND: Prior to the commencement of any work hereunder, Contractor shall obtain and deliver to the City a Performance Bond, satisfactory to the City in form and substance. 15. INSURANCE Contractor shall, at all times during the term hereof; maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies 0 of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 16. NONDISCRIMINATION: Contractor represents and warrants to the City that Contractor does not and will not engage in discriminatory practices and that there shall be no r' performance under this discrimination to connection with Contractor's Agreement on account of p o ORS:contract tur tiro apparatus vole source.doc 7 race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of which is hereby acknowledged by, Contractor. Contractor understands and agrees that the City shall have the right to terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate Contractor from consideration and participation in future City contracts if Contractor, in the preparation and/or submission of the Proposal, submitted false of misleading information as to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 18. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed ORS:contract for fire apparatus sole source.doc 8 11 • given on the day on which personally. delivered, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONTRACTOR: Simon Ladder Towers, Inc. 64 Cocalico Creek Road Ephrata, PA 17522 Attn: TO THE CITY: Department of Fire and Rescue 1 151 N.W. 7"' Street Miami, Florida 33136 Attn: Chief. Fred Hernandez 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. ORS:contract for fire apparatus soli source.doc 9 E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPEN.DENT CONTRACTOR: Contractor has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Contractor shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, and agrees to provide workers' compensation insurance for any employee or agent of Contractor rendering services to the City under this Agreement. 23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 24. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of the representations contained in the Proposal. 25. ENTTRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter, hereof and correctly set forth the isrights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, ORS:contract ror fire apparatus sole sourc-Aoe 10 negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 26. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 27. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Walter Foeman, City Clerk ATTEST: �- 7 LLI.•t .'� Lit.(. C..t Print Name: Debra X Schweitze Title: Corporate ecretary 44City" CITY OF MIAMI, a municipal corporation By: Edward Marquez, City Manager "Contractor" Simon Ladder Towers, a Pennsylvania corpori Print Name\ Bru Title: President M. Woodward ORS: contract for fire apparatus sole source.doc • 0 APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO INSURANCE REQUI NTS: �c A. QUINN JONES, III MARIO SOLDEVILLA City Attorney Assistant Director Risk Management Division ORS:conlract tior fire apparathis sole source.doc 12 ,SENT BY:CITY OF MIAMI : 3-11-98 :11:04AM : PROCUREMENT MGMT.- :# 2! 6 • . • Ko", 1W—I( l0. 193 J{I&XI L.I A Ld IYII,In/1 Pl. L/rJGc %PV-9 July 16, 1997 Chief Fred Hernandez Chief of Support Services Division City of Miami Fire: DCpartetMIt 1151 N.W. 7th Strect ,, Miami, FL 33136 Ref: 1001 Tavrer Ladder Re-msrnufactured Dear Chief Hernandez: i• NORTH AMERICAN RRE Simon loddw Ttrsrars, Inc. 64 Cocalko Crook Road fphrasa, PA 17522 USA Telephone (717) 869.1176 ftsimlle ('110 859 2774 lShMm Ladder Towers, Inc. of 64 Covalivo Creek Road, Ephrata, Pennsylvania 17522, a garnpalov located arxi intxnpolrawd under the laws of the Commonwealth of Pennsylvania, and Bob MlInex of Fire FIgbting hmovaations who is our Sales Representative for ytntr area, arc pleased to submit The enclosed proposal for One (1) Re -manufactured 100' Aerial Tower Fire Apparatus. We have reviewed your specifications mW have submitted our own proposal which meets the intent of this spedficationae_ Our proposal dated April 2. 1997 lugs been tailored around your paAramvtcrs and we are: confident that you will find it nwtx the design, quality, and pWormatrce caraite`ia of the apparatus Indicated In your specification. Our proposed apparatus shall include a Shnan-L71 100' Tower Udder Three Section Steel Aerial Udder, Simon-L" Custom Aluminum Firs Apparatus Body. a Slnwn-Amplest V9400 Four -Door 0astom Chassis, A WAtwous 1,230 GPM Single Stage Fite Pump, a AX) Gallon Poly 11 Water 'Panic, a 6,000 Watt orsrau Diesel 0enerator mind mirecellaneous equipment as spocitiicd within our proposal. Our net pride F.O.H. City of Mbmi is 'Three Hundred Ninety - Sewn Thousand Khety-dine Dollars and Zero cents ($399,099.". The unlit proposed shall be: completed at out fwtory, Ephrata, Peimxylvaniaa within aMroximately 180 c0endar days after award and signing, of the cot hict or issWag of an approved purchase order. All pf eft shall remain valid for sixty (W) Calendar days from ttlC date of the bid opening April 7, 1997). Notc: Pdmx llaxi,cd mute lem any mappllimbik imal, state ur Bede ml t> mcm .r" may be Applied to tee apparatus prepvaed, Theaae Items if aapplieable, shall be paid by the City or iMliaar>trl. The completed apparatus shall be delivered to the Miami 11m Depjkrftn mt by Simon Ladder Towers, hK- simon-un -4ENT BY -CITY OF MIAMI 3-11-98 :11:04AM : PROCUREMENT MGMT.- Ui(-/Ib/a ( 15abb SIMON LT[ EVIIRATA,PA. 17922 ' Chief Fred Hernandez July 16, 1997 Fags 2 of 2 �J. AA Simon I -adder Tvweru, Inc. has included all warranfies for the apparatus within our propoml told should Siaauaa-Ul be the succestflrl bidder, a IOU% Perftt "nee Bond, If Mgtaircd, simil be imted to the City of Mimmni, For our proposal. Sir non Ladder Totvearaa, Iatc. have included 'loges (3) I,rips to our factory' J�phrota. N"nsylvaunia, wham cvnstructiaza of tlim apparatus is to be, completcd. The first shall he for two (2) people for a Pre-Consuuctlon t~on m we. The "COW shall be a chas8is imPectlon for two (2) pe0ple and the third shall be A PInAl Inspection for tWo (2) people before the completed appmtus is delivered to the NMI Fiim Il artnlent, Should Simon Ladder Towers, Inc. be the sommssful bidder-, x Sales !rowing of floe apparatus. pmpo xxt will be provided upon completion of it pre-cona ucdott conference with approximmftly forty-five (45) calemlar days after the awaW. At this time, a Referetrme Sales DMwing bias been provided for your review. Our autiaOdztd Scrvia}, Center for your am is Fire Fighting Innovations, 115 N.w. 7th Strret, Miami, PL Thank You for the opportunity to subn9t agar proposal. if )VU faavc any qucat[OUS about our proposal. please f'bel tkec to contact our Sales Representative. Mr. Robert Mutts of l" Inglrtimil ftMGV4tJ0= At (303) 448-3048, or me at (717) 839-1176. Rest wgards, SEHON LADDFA TOWERS, INC. Robert A. Graf► Regional Salta Munger RIRG/bets #3/6 SENT BY'CI1'Y OF MIAMI : 3-11-98 :11:05AM PROCUREMENT MCMT.- #4/6 �J r� • simon April 28, 1991 cess NORYN AMERICAN FIRE Simon Ladder Towers, Inc. 64 Coralico Creek Road Fptlrata, PA 17522 Mr. Alan Savarese USA Director Support Services Division City of Miami Fire Department Telephone (717) 8591176 1151 NV W. 7th Street Facsimile (717) 859-9774 Miami, UL 33136 Ref: 100' Ladder with Pump and Tank, Re -manufactured Gentlemen: Simon Ladder Towers, Inc. of 64 Cocalico Creek Road, Ephrata, Pennsylvania 1.7522, a company located and incorporated under the laws of the Commonwealth of Pennsylvania, and Bob Milnes of Fire Fighting Innovations who is our Sales Representative for your area, are pleased to submit the enclosed proposal for One (1) Re -manufactured 100' Aerial Ladder Fire Apparatus. We have reviewed your specifications and have submitted our own proposal which meets the intent of this specifications. Our proposal dated April 4, 1997.has been tailored, around your parameters and we are confident that you will find it meets the design, duality, and perfo. rt"Ance criteria of the apparatus indicated in your specification. Our proposed apparatus shall include a Simon-LTI 100' Ladder Four Section Steel Aerial Udder, Sirnon-LTI Custorn Aluminum Fire Apparatus Body, a Simon -Duplex D9400 Four - Door Custom Chassis, a Waterous 1,250 GPM Single Stage Fire Pump, a 200 Gallon Polly 11 Water Tank, a 6,000 Watt Onan Diesel Generator and miscellaneous equipment as specified. within our proposal. Our net price F.O.B. City of Miami is Three Rundred Seventy -Eight Thousand Seven Ilundred Twenty -One Dollars and Zero cents ($378,721.00). The unit proposed shall be completed at our factory, Ephrata. Pennsylvania within approximately 180 calendar days after award and signing of the contract or issuing of an approved purchase order. All prices shall remain valid for sixty (60) calendar days front the date of the bid opening April 7, 1997). Note; Prices listed are less any applicable local, state or federal taxes which may be applied to the apparatus proposed. These items if applicable, shall he paid by the City of Miami. The completed apparatus shall be delivered to the Miand Fire Department by Sirttnn Ladder Towers, Inc, &low �7 �+ i111m on' i.m SENT BY:CITY OF MIAMI Mr, Alan Savarese April 28, 1997 Page 2 of 2 • 0 3-11--98 :11.06AM : PROCUREMENT MGMT. Simon Ladder Towers, Inc, has included all warranties for the apparatus within our proposal and should Simon-LTI be the successful bidder, a 100% Performance Bond, if required, shall be issued to the City of Miami. For our proposal, Simon Ladder Towers, Inc. has included three (3) trips to our factory, U,phrata, Pennsylvania, where construction of the apparatus is to be completed. The first shall be for two (2) people for a Pre -Construction Conference. The second shall be a chassis inspection for two (2) people and the third shall be a Final Iliypection for two (2) people before the completed apparatus is delivered to the Miami Fire Department. Should Simon Ladder Towers, Inc, be the successful bidder, a Sales Drawing of the appaxa►tus proposed will be provided upon completion of a pre -construction conference with approximately forty-five (45) calendar days after the award. At this time, a. Reference Sales Drawing has been provided for your review, Our authorized Service Center for your area is Fire Fighting Innovations, 115 N. W. 7th Street, Miami, FL. Thank you for the opportunity to submit our proposal. If you have any questions about our proposal, please feel free to contact our Sales Representative, Mr. Robert Milnes of Fire Fighting Innovations at (305) 448-3048, or me at (717) 859-1176. Best regards, SIMON LADDER TOWERS, INC. Robert B. Gray Regional Sales Manager RBG/bas #5/6 ' SENT BY:CITY OF MIAMI 3-11-98 ;11:06AM PROCUREMENT MGMT.-� ;# 6/ 6 f .rc • • August 1, 1997 Chief Mautiex Kw np Chief of Adminilt mtive Division City of Miami Fire Dep"townt 1.151 Northwest 7th Skftt Miami, Florida 33136 REPBRBNCR: A*rW Udtlt r ReneseaerfadU' ring Deem Chief Kemp: The following v►nurnu Ue s will apply to both; units. 7hdy am a' follows: Simon 101101 010M AM010AN FIRE Simon Ladder Tea !%, file db C0001100 Creak Road Ephmto. PA 17022 USA Talephonel (717) OW1176 Facelmlle (Ito 860-2774 I. Framer Redle _ LROhm 2. Cab - 5 Years 3. Water T=6 - Wedelw 4. Fire Pump - 1 Year (Parts & it..abur) 3. Body - 5 Yews 6. Aerial Ladder - 2 Years 7. Any & all other teleeW smvice:s ieorimmted in tie aVm1fie stions will be one (1) ym. I hope this meats with the Mquiramen0s d At your :solicitor will ttge ke to issue tho cont"ct. 1f You require arW fllitlteur information, plraee feel fine to contact my effiee. Beat wards. 11IMON i "DER TOWIRMS, INC. Robert B. Ortly Reegloml Setlete Mamp 6tj41-c. z .44' % RBO.aw AW imon-p