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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 • i i ; • •' 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 il'' : • 'r 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 $9ft825.25 (PeT truck) HGAC Administration fm Delivery to Yakima Fire D"Mwent Factaq FamillorIzation training (rialn te Trainer) Inspection Tope at KME facility loerforrmance Bond Free pickup, delivery and roWuNon for all Wamanty Issues for the first 12 months in swvkm for now Pumpers C! 609-453-66V ! 1- SY - ! F, SM-467-2890 123 South Front Street Yakima, WA 484MIAMMMMM HGAC Exhibit I — Cascade Fire Agreement City of Yakima Page 4 of 10 i .; ;A,"�,.';" E K 1 •I.!�vgj�� 11111 xe` On behalf of the Team at Cascade Fire and Safety, we thsnk you for this opportun4 to keep your tax donem f 1 " 123 South Front d. Yak6 j r HGAC Exhibit 1— Cascade Fire Agreement OW of Yakima Page 5 of 10 :•I i llMWLAlf,VW�N&. lr7T*Ti rl;:$ 11 IN �fjjj , qj7M4 Mol ZU Igo "A111111:2 HGAC Exhibit 1— de Fire Agreement City of Yakima Page 7 of 10 F-IN 1111 Performance Bond HGAC Exhibit I — Cascade Fire Agreement City of Yakima Page 8 of 10 I Iaff go] J J, T.3k, 171 M 1=4 -. 6 If's r: 0 M*j =sj #MM Mel NO 11111111111111111111 # RM � - V -A RTI I XMij W7 11: I sA I J�A 0, I -as M01 Fr-61 0 1144,61111611:41 [oil 110411 nilerbrj,� 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 �*g 1 - S- -105,11PF M ifflliRIF, 15[s Moil 141111quilu Mifvlfmlijenjly,401-jk,:� 4. Law and Venue. T�js Bond A411 be governed by Washington 1W and any dispute underthit Bond shall be venued in the Yakima rhu W"- 111kim-M 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 �r r (. fir. � 1�: e i CONTRACTOR: Nom 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 fjUM6r09_*O41n _MN -- VM_ 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 rup lfullucr, JIIC.1111401�-JRIU U111�f-LUJUV V1 U11U IUMICTIMT (TV Wxcoinracuof, no illemoMM Vie golerning.1"Mit" 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 01•,104mrou•ONAILTALIJ ral)(0JIMO) all I r-Aguy 0 wKelm oil 6-My'JAZI'M4 4 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 MMMM 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.. aylxr r # M + �_ 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,#! W����KVJIIIWVM 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