HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1131
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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
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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
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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
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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
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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
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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