HomeMy WebLinkAboutCascade Fire & Safety - End User Agreement; H-GAC1 i 1 i I{ f 1 ♦ ♦{_ {
Department under the H-dAC Contra�i6tillizing. the Terms and Conditions of the
H-GAC Master Contract
(Reference FS12-19 dated 12101/19)
•conditions contained •in theContract► this Exhibit terms in this Exhibit
shall supersede • prevail.
• ► 21 ►+ IIAK9990
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Price proposal includes following:
change• Chassis iexistingPredator
• Prices effective throughMay 14, 2021, extended toJuly 30, 2021.$24,761.00 •
er
truck has been added to proposal
■ Administration
Delivery toYakima Fire Department
Factory•Training (Train the TrainerA.
Inspectioniil`
Performancen
Delivery r
Free pick-up,delivery, resolution r all warranty issues for the firstIv (9 )
monthsin servicer now pumpers
GAC Exhibit 1— Cascade Fire Agreement City of Yakima
term of this EUA shall exceed the term of the current H-GAC Agreement to allow for
completion, inspection, delivery, and acceptance of the ordered units. In addition, a 12-month
warranty periodshall applyasproposed.
of the terms or conditions of this Agreement, and other notices of similar importance shall
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By Contractor • " CITY OF YAKIMA
PurchasingMaria Mayhue, Manager
Yakima, WA 98901
PresidentCASCADE FIRE & SAFETY
Mark Merritt,
South123 Front Street
WA
• y
901
Notwithstanding _ other provision i... _ Agreement,
i ___ _City's maximum paymen5
obligation will not exceed One Million Six Hundred and Thirteen Thousand, Six Hundred and
Fifty Dollars i Fifty Contract •'
adjustment in compensation is required, this Agreement shall be modified in writing
accordingly.
Insurance — ' Special Provisions,ishall be ii: e• per
Attachment B to this EUA.
PerFormance i •H-GAC Special ♦ f •Performance•.
Payment Bonds for • iOrders,be modified i per to this
Cascade i of Yakima Page 2 of f
WHEREOF,IN WITNESS the parties1executed the
day and r written below.
OWNER: CITY OF YAKJMA CONTRACTOR: I E EQUIPMENT
Bob ark , r. Manager
hl 6a
Date: ate: I La7
so
CITY CONTRACT NCB!
RESOLUTION No; art
HGAC Exhibit I —Cascade Fire of Yakima
MOMMIM
FIRE & SAFErY'--
July 30w, 2021
To: Deputy Chief Jenemy Rodriguez —City arYakinla Fire Depaftent
From: file* Merfid — Prasident Cascade Fire and Safiatit
Rfi: Fire Trudc purchm
Two (2) Purnpam (price per Pornper) $744,991.00
Quotation Includes Peribmance Bond
* Sub Total $744,991.00
* Washington State Sales Tax $61,834.25
0 Total $9ft825.25 (PeT truck)
HGAC Administration fm
Delivery to Yakima Fire D"Mwent
Factaq FamillorIzation training (rialn te Trainer)
Inspection Tope at KME facility
loerforrmance Bond
Free pickup, delivery and roWuNon for all Wamanty Issues for the first 12 months in swvkm
for now Pumpers
C! 609-453-66V ! 1- SY - ! F, SM-467-2890 123 South Front Street Yakima, WA 484MIAMMMMM
HGAC Exhibit I — Cascade Fire Agreement City of Yakima Page 4 of 10
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On behalf of the Team at Cascade Fire and Safety, we thsnk you for this opportun4 to keep your tax
donem
f 1 " 123 South Front d. Yak6 j r
HGAC Exhibit 1— Cascade Fire Agreement OW of Yakima Page 5 of 10
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HGAC Exhibit 1— de Fire Agreement City of Yakima Page 7 of 10
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Performance Bond
HGAC Exhibit I — Cascade Fire Agreement City of Yakima Page 8 of 10
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2. Surety's Obligations.
If the Contractor is in default pursuant to the Contract and the City has declared the Contractor in defauk the
Surety promptly may remedy the default or shall:
a. Complete the Work, with the consent of the City, through the Contractor or otherwise;
b. AO"o birthe completion of the Work by a ContractDr acceptable to the City and secured by
perforimance and payment'bonds equivalent to thos6lbr the Contract issued by a qualified surety. The Surety
Contract Balance up to the Bond Sum; or
c. Waive its right to complete the Work and reimburse the City the amount of its reasonable costs, not
to exceed the Bond, tD complete the Work less the Contract Balance.
3. Surety Default
If Suretv defaults on
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4. Law and Venue.
T�js Bond A411 be governed by Washington 1W and any dispute underthit Bond shall be venued in the Yakima
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5. Effective Date; Execution.
This Bond is entered into and effective on 2021.
HGAC Exhibit I - Cascade Fire Agreement City of Yakima Page 9 of 10
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CONTRACTOR:
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4GAC Exhlbit 1 — Cascade Flre Agreement City of Yakima Page 0 of 10
............
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 - 3555 Timmons - Houston, Texas 77227-2777
Cooperative Agreement - Cascade Fire & Safety - Public Services - -
This Agreement is made and entered into, by and between the Houston -Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suiti,
120, Houston, Texas 77027 and Cascade Fire & Safety, hereinafter referred to as the Contractor,
having its principal place of business at 123 South Front Street, Yakima, WA 98901.
WITNESSETH:
WHEREAJ,. ... ..... .. ..... Ji_ 11M I 11111 i.Qg6a
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
ARTICLE 1: LEGAL AUTHORM
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official,f,a�, to enter into this Agreement
subsequent amendments hereto.
AMCLE 2: APPLICABLE LAM
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, reaulations directives standards ordinances *r
of this Agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement •or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solelT Bull _ffl�-fXXJ
,L=-#,onsible for emplo ee related di utes and discr,_,qwwr4hjw 'wMn4.I !&M #
claims arising therefrom. VA pF j, f 7-
ARTICLE 4: WHOLKAGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement (Agreement") between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
■
FkRTICLE 6: PERFORMANCE PERIOD
i ii rLormed during the period which b _gins Dee 012019 and ends Nov 30 2021.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provons under this Agreement are outlined in the Special Provisions.
ARTIM 8: RRPQMNQ REQUIREMENM
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor's ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and i-MPSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it. MAV hA-170. fhprpin to qnv t1iird nqrtv witTiout nrinr writtp.n qnnrovql of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor's subcontractors, with any laws or regulations.
RRTICLE 11:,"'DIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
I DocijSiq " j - - 0
off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The ri,,,---Iht of access to records is not limited to the reAui co-dLim M-WrrjRTj-VM, "IMM-2.11 ImAmbitig
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
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time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third -party agreements.
ARTIQL�E�����
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
AMQIX 144 CRAN"SAND AMENDMEMS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upo
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein. I
ARTWU 15: TERMINATION- PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
MMXWIJ-1�1 I - � rlurpe �1111 117 1 - M re-Vtnuf ac• fie
the Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof, or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be inval
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect. I
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasona eioni.t e artv's control and not attributable to its neilect or nonfeasance in such event
)plus
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the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
nersonol or np.euninry intprpst dirpet or indirprt in t-hi.q AprP.Prnp.rit
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including-V41rocurement
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973 as amended '29 U.S.C. �'j 794)_i o1LjimwJiT#1ibWi
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and a, Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 if and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
C. I l::r .. ............. ......... ..... p. rp-ft.,21 *r 11,11 Z
Page 4 of 7
applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (in) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safetil Standards Act �40 U.S. C. 327-332)l,, as set forth -in Deyartment of Labor Regul,l
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: C RIMINAL -PROVISIONS AM; SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
•Ter M47FIER LT local Taw entorcement agencies, tile btate
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to
r!ierform. services under this Agreement.
ARTICLE
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result
of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemniji - A � is limited toth-e-torrice of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
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F,IRTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26 CHOICE OF LAW- VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or of nefinn qri.qin%y undpr nr in vonnpefinn wif'k flip Aarpompnt Qhnll lip PV(-111,QiATP1-,T in T-Tn-pri.Q
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the ca T C
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SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Name Mark Merritt
Title President
H-GAC DOCUSiDOW by:
Signaftir C A-7
B2EG2rf11Xfl'M423
Name Chuck Wernple
Title Executive Director
Date 10/25/2019
H��
Houston-Galvestonr
P.O.Box 22777 3555 TimmonsHouston,
Cooperative..
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Special Provisions • •
•' 1 •� r i 1• i' 1
in addition to the. whole Aureernent the following documents listed in order of priority are incorporated
into the Agreement by . Bid/Proposal S♦` . i aContractor'sResponse • the Bid/Proposal.
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the
Contractor •Agreement,f that the term of • may exceed the term of
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's
terms • conditions. Contractornot • offer, agree • or accept from1 USER, any terms or
conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
MaHIRMAO
Contractor
.r pricing and terms to time during Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
• •a offered to H-GAC on . basis that provides prices,y . benefits,f or •
favorable than thoseprovided • Contractor • 1' business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time tf decline to accept any such change,
amendment shall be deemed null and void. If Contractor. • :- favorable price, warranty,benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more • • Contractor i business days,•
reasonssetting forth the detailed r r believesaforesaid offer not •st favored
H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC • Contractor shall be automatically amenf_i effective
benefits, or terms to H-GAC and the END USER.
EXCEPTION. This clause shall not be applicable to prices andprice adjustments offered by a bidder,
Pro oser or contractor, which are not within bidder'sIbro oser's imi,#!
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Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (3 0) calendar days or ten (10)
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program t*
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
FKND USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
(Ieceived by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-AC agree that Contractor shall cooperate with the END USE at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
I
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Property Damage or Destruction insurance is required for coverage of End User owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance dweroges specified hereiri, and if requcs�' by H-GAC,
a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
therefore, H GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB),
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPI3 to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
M 3 1 Lai I a
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
,iealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance t
zdvise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right t
ietermine whether or not such change is acceptable, and to determine what action shall be warranted, up to a
including cancellation of Agreement. I
Eli UI N to of
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicl*
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Page 3 of 4
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
Attachment a
ii Cascade Fire & Safet
Fire .. •.I
ServiceApparatus 1
Contract d
-"These
1• i; il,
units can only 1' sold outside
A'
Aerials (Booms/Platforms, i d ` i
!t�ne Ty phoon, 4-Door Full -Tilt Welded Extruded Aluminum Cab, Six (6) Man Seating,
'r
Welded Extruded Aluminum Body, Single Axle, 1500 GPM =
i,1 di;
,Tank, Welded Aluminum 50'Boom - 50 FT. 300# Tip Load, Mid Mount Telescoping Boom
I with ■_Ladder
E-One Typhoon, 4-Door Full -Tilt Welded Extruded Aluminum Cab, Six (6) Man Seating,
'Welded Extruded Aluminum Body, Single :,
d' i i
"Tank, Welded Extruded Aluminum HP75 - 75 FT. 550# Tip Load, Rear Mount T I scoping
'Laff
E-One Typhoon, i, dWelded Extruded Aluminum Cab, dSeating,
r
Welded Extruded Aluminum Body, r Pump, iGallon
_$814,565.00
Welded Extruded Aluminum HP78 i FT. 6504 Tip Load, Rear MountTelescoping
adder
E-One Quest, 4 rdr Welded Extruded Aluminum Cab,Six,
Weldedf- ids i "`Pump, iIFS19JA04
$839,771.00
Tank, Welded Extruded Aluminum HP78 - 78 FT. 8254 Tip Load, Rear Mount Telescoping
Ladder
i 1 rr - i,rFull T—ilt W e-lde-d Extruded Aluminum Cab, dSeating,
Welded Extrude f Aluminum Body, Single Axle, No` r Tank, WeldedExtruded
MetroAluminum 100 ii FT. 300#`d dad Rear Mounted TelFEoping Ladder.
E-One Typhoon,Door Full Tilt Welded ExtrudedfSeating,
Welded ExtrudedBody, Aluminum _le Axle, 1500 GPM_ d 300 Gallon
F$929,865.00
Welded Extruded ` i' i ii:a d dad ` r ,
E-One Typhoon,i ►r Full -Tilt Welded Extruded •(6) Man Seating,
Welded Extruded Body, Tandem ii■ ■ f
i
Gallon Welded Extruded Aluminum HP 100 f Load, Rear Mounted
Jelescopingand
E-One Typhoon,,/ ,`d Extruded Aluminum Cab,(6) Man Seating,
.r
Welded Extruded Aluminum Body,d 01 ■ ■ / 00
r ' i �` ii'
Gallon Steel HPS105i;FT.575# f Load, Rear Mounted Telescoping
Ladder
E-ONE Quest,Door Full Tilt Welded Extruded dSeating,
Welded Extruded Aluminum Body, Tandem Axle, 1500 GPM Single Stage Pump, 300
d u f
GallonWelded Extruded •� ` i` fLoad, `Mount
Telescoping rd`;
,E-One Typhoon,irr: Welded /-f Aluminum Cab, rSeating,
Welded Extruded Aluminum Body, Tandem Axle, 1500 GPM Single
r - f a d d ' d i f oaMid-MountedStage
jelescollkng Ladder Platform
`Typhoon, 4-Door Welded Extruded Aluminum Cab, f man Seating,
Welded Extruded Aluminum Body, Tandem Axle, 1500 GPM Single Stage Pump, 300
:Gallon
Tank, Welded Extruded Aluminum L095- 92' 1025# Tip Load, Rear Mounted
Telescoping LadderPlatform
"E-ONE Typhoon,I Door full Tilt Welded Extruded Aluminum Cab, Six (6) MWWSeating,Velded
t
Extruded Aluminum Tandem 1500 GPM le 300
, rf
Gallon• r Extruded Aluminum HP 100 - 100' 1 Load, Rear Mountea
Telescoping, LadderPlatform
!E-ONE Typhoon,Door full Tilt Welded Extruded Aluminum Cab, r Seating,
r
Body, f rSingle Stage Pump, 11
1, 11
Ladder with Platform
iTyphoon,4 rifr Full -Tilt Welded Extruded Aluminum Cab,
tWelded
Extruded Aluminum Body, Tandem Axle, 1500 GPM Sing
4 1
'Gallonf f Steel SMI 1 r Load, Mid Mounted Telescoping Ladder
with Platform
t
i ` Typhoon, de ► 'f d
i ,
GPM Single Stage Pump, 300 Gallon Tank, Bronto 116'+ 1400# Tip Load Rear
Mounted Telescoping & Articulating Steel Boom with Platform
(Brushi2000
B. Wildland Fire Apparatus
i f
iSid
Sin glf�554Axle � Mount Pu
C. Pumper Fire Apparatus
t
1
Single Axle, 1250 GPM Purn , Side Mount Pump Module
' I$267,600.00
International II:0, 2-Door Commercial.i Pumper, Welded f•r Aluminum..Body,_.._.
Shigle Axle, 1250 GPM Pwrip� Side Mount Pump Module
Kenworthif• f . ,f Pumper, Welded Extruded Aluminum ►ii,....
_.. $278,750.06
Commercialg.,.
• 1
r . •'. _Pump f f ..
1;E-One T hoon 4-Door Custon Full -Tilt Welded Aluminum Cab., Purn er. Welded Extrud 41'
$432,590.00
• _. . . r.... s f.. 1• ' fUTff
�,E-ONE Typhoon,I Door Customf`• ab —Rear Engine Pumper,
FS19JC06
Welded Extruded Aluminum Body,1 GPM Pump, Side Mount Pump
$546,597.00
•r
9JC07i
i ` i•• • r"f .. .f `: i`f • •$505,502.01
C•f. 1 ` ' f '- � r 1r
,,E-One yphoonr. Pumper, rii . ♦ Aluminum Cab,
Pumper, Welded Extruded Aluminum Body, Single Axle, 1250 GPM Pump, Side Mount
$502,695.00
Pump Module f
y I Rescue, Re -Hat,
Ceiter
11
is i f Extruded C•f
r
Rescue
t 11
Freightliner-
r•f i 1 • _ Axle, r-a Extruded Ci• i
, rfI li
Rescue
I.1) rfs i 1 i t i t Cir.
Walk-Res
t 11.
- • 1 rff .r g f`t f-� t Body.,i
_
Rescue
1
Peter1I r 4: •• f_Welded Extruded Cfi •
1
Walk -In Rescue
' 1 t
• i i1i i .1 :. f.• f i Cif
r 1
In Rescue
t 1,f,
r_ _ f ilt I8 ifi i .r.. • - Welded r-f Body,
1i
� i1i
r#►i OEM Cab, Sipglle Axle, Welded Stainless BodWalk-In Rescue
'i sd l
" 11�
International 4400 2-Door, OEM Cab, Single Axle, Welded Stainless j2dj, Walk -In
RescueKenw
II
r 1 I
i 2-Door,i
Ifl
Peterbilt 348, 2-Door, OEM Cab, Sin le Axle, Welded Stainless Boqy, Walk-in Rescue
. r4
E-One Typhoon,rr.r CustiWelded Aluminum Cab,Axle,
$414,488.00
.Extruded Aluminum siY o Rescue
E-One Typhoon,r#i • Welded Aluminum Cab, Single Axle, Welded
Extruded Aluminum 'i# Rescue
,E. Pumper/Tankers & Tankers
— —
Freightliner M2, 2-Door, CommercialPumper/Tanker, . fe f,`f Aluminum
.Body, Tandem Axle, 1250 GPM Pump, Mid -Mounted Pump Module
r r
International, 2-Door, Commercial Cab, Pumper/Tanker, Welded Extruded Alumin
III
TandemI ' ' rMid-Mounted ' • ii
1
enworth T3 70, 2-Door, Commercial Cab, w .`. Extruded.
Body, Axle,I GPM Pump, Mid -Mounted PfModule..r
1 rd.or Ci f 2000 GallonTanker,dBody,
i,Axle-, 500 GPM Pump, Stainless Steel Body
:,Freightliner r## # , d 2000 Galloni Body, - Axle, I
GPM Pum1, Stainless Steel B i d
,
" # i' r## i ,s I1 # # Body, - Axle,
-
1501 rPump, e..-.ss Steel Bi d
r 1
N[Peterbilt 348, 2-Door Commercial.i 2000 Gallon-_ ` d- Body,-
it i' Ii
11 '. r fi.
, Stainless Steel
r r
International.2-D-oo-r —Comm—ercia-I —Cab--,r-ear 3000 Gallon Tanker, Wet Side Body, Tandem
I i
I GPM Pump, Stainless Steel .dd
14070 ' i I
Freightliner .: ro#Commercial 1' ,.. I:: I , • Tanker, _- '.d` Body., Tandem
I
Axle, 500 r r
iimn,
r
�
,I
a
1 GPM Y
Pump,
'iPeterbilt 348 2-Door Commercial Cab, rear 3000 Gallon Tanker, Wet Side Body, Tandem----'
'Axle,
• I
500 GPM r f Stainless Steel Body
r
InternationalI r# Commercial ,Y 1Elliptical
Stainless
�.
to 2-Door,i .YGallonElliptical
Ali 1 I
'StainlessBody, Tandem11 GPMr f
r
'Freightlinerrii i r ,# 2000 GallonY rTanker,.•
$320,374.I
,:Stainless Steel Body, Single Axle,10 GPMPump
.....
"•2-Door, i . Cab, 3500 GallonElliptical .Welded
ii
Stainless Steel rod Tandem Axle,II GPM Punip
E-ONE Typhoon,rii':Welded Aluminum Cab, Pumper/Tanker,
Welded Extruded Aluminum Body, Tandem Axle, 1250 GPM Pump, Mid -Mounted Pump
o d ..
i I r i , # iSuspension,i r 1foam—
,gallons, 500r.chemical,Compliant),Y Y, .,r
� 1
i ar ARFF, Coilf _ Suspension, 4 o
-
-
i
be iY outside
IA. Aerials (Booms/Platforms, Ladders, Ladder/Platforms)
IFS19OA01
_
KME rfi .► Formed Aluminum Body,Single Axle,
'Mounted
Rear Telescoping Steel Ladde..
+r,l
rii 'Cab,Formed `' :if' Tandem Axle,,
_
Steel Ladder
500# Rear Mounted -Formed
'1
rii 1 Aluminum :if t;
-
T I : oil
Rear Mounted Telescoping Steel Ladder
.f Formed Aluminum :it. Tandem I �__.
Rear Mounted Telesepping Steel Ladder
rif f Formed Aluminum Body, TandemAxle,t
bunted Telescoping.if::.withPlatform
rii Aluminum Cab, Formed Aluminum Body, Tandem Axle, tt tI
tr 11
Mid -Mounted . f i...e with Platform
'r' I$
KMEif . Formed AluminumBody, TractorDrawn
411
(TDA), 100', 4 Section 500# Steel Telescoping Ladder
B. Wildland Fire Apparatus -(Brush Fire)
+r FI4;ijT:35b,
4 x 4, 2-Door, Skid Mounted Pumper:..
----------------
It r
+r i..I
I rii
t tt
rTO Pump
--
International ,, l 4-Door, Ridgerunner, Dual Pump, I .. r •. _..
1901/1906
r
+� �I
ii 1� It
t 3 500 Gallon 1 Water
C. Pumper Fire Apparatus
IFreightliner M2, 2-Door, OEM Pumper, Formed Aluminum Body, Single Axle, 1250 GPM
rt t � It
Pump, r. 1 `
r � I
International Formed Aluminum le 1250
$' i I
GPM ■ f 750 Gal Tank-Purn2er
+r 1
KME Panther Chassis,4-Door,_.Aluminum Cab, Formed Aluminum Body,
0 GPM Pump, 750 Gal Tank-Pu�jperKME
+ ri I"
' Chassis,Cab, Body, _Axle,
Pump, Pumper
r r I
KME Severe - rii • .f • Body, * -
, . i II
1 GPM1 Gal Tank Pumper
D. Special Service
Apparatus (Walk -In & Non -Walk In Bodies) Multi -use: Rescue, Re-Hab, Hazmat, Mobile Command
Center
Qr rl
1 f t r i _ 1 f :if
II
+r tI.I
_
Predator . �.�-rii • .f ` Body, - Axle,Heavy
_
tt'
r 1; f :1f
�'Combinationf
4-Door,.f i .-. -. Duty
f: Body
I'll,
rir�1+
1 ��tt r1i f ♦ Mwj
!
Pumper/Tankers
International 4400, 2-Door, Aluminum Treadplate Body, Single Axle, 1250 GPM Pump,
tt
r. `,f 8I0EllipticalTanker
+r I'
- . 'li . ,01 ril • .ff . :if f" Axle,Pump,
0,
[Painted 2500 Gal Elliptical
+ r IInternational
44002-Door, Aluminum -.i f ..." Body, - - ,.. { r •ump,
_..
►'
Painted 1800 Gal f _ Tanker
'r I'
International 7400, 2-Door, Aluminum Treadplate Body, Tandem Axle, 500 GPM Pump,
� :r It
t f
;Painted�
it rr 1
"International4400, r;i Formed . Body,Pump, .(t
I t,
Gal i f
M
'International 7400, 2-Door, Formed Galvanneal :.if - 6 GPM Pump, 3000
Dryside Tankert1'
International 4400, 2-Door, Formed Galvanneal Body,` Axle, 1250 GPM Pump, 1800
Gal Pumper/Tanker
Y
Intemational 7400, 2-Door, Formed Galvanneal Body, Tandem Axle, 1250 GPM Pump
it Gal Pumper/Tanker?
�
Aluminum Alum Tandem 600
'Pumper
I
-Tanker r.
mp
F. Airport Rescue Fire -Fighting Vehicles
�f;' i
[• 1 I' 4-Door,4-Door, Class I RIV, 120 GAL Pre -mix
Ford i I I Doo, Class 2 Y 0 ! IWater/Foam
I x L 2-Door, Class 3 RIV, 500Water/Foam'
��!�InternationalI
i