HomeMy WebLinkAboutR-2009-126 Freightliner M2 Crew Cab Loose Equipment RESOLUTION NO. 2009-126
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE "LOOSE
EQUIPMENT" TO STANDARDIZE WITH REQUIRED ADVANCED
MEDICAL LIFE SUPPORT, BASIC LIFE SUPPORT, I.S.O. AND N.F.P.A.
EQUIPMENT ON A 2009 FREIGHTLINER M2 CREW CAB RESCUE
VEHICLE IN THE AMOUNT OF $121,679.62 FROM HALL-MARK FIRE
APPARATUS, INC., UNDER TALLAHASSEE EQUIPMENT BID #1274 RFP
40152-05-VA-TC, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of $25,000.00 without competitive
bidding and without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the City Commission and if such purchases are made pursuant to a competitive bid
obtained within the last twelve (12) months by other governmental agencies such as the federal
government, State of Florida or a Florida county or municipality; and
WHEREAS, the City Manager has determined that it is necessary to purchase "loose
eqiupment" providing equipment to deliver: advanced medical life support, basic life support,
and meet standard requirements for I.S.O. and N.F.P.A on a 2010 Freightliner M2 Crew Cab
Rescue Vehicle for use by the Fire-Rescue Department; and
WHEREAS,the City Manager has determined that such purchase can be made at the least
cost to the City from Hall-Mark Fire Apparatus, Inc. in the amount of $121,679.62 under
Tallahassee Equipment Bid #1274 RFP #0 1 52-05-VA-TC; a copy of the contract is attached as
Exhibit"A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Manager is authorized to pay an amount not to exceed the sum
of $121,679.62 to Hall-Mark Fire Apparatus 3431 NW 27 Ave, Ocala, Florida 34475 for the
purchase of"loose equipment' to outfit one 2010 Freightliner M2 Crew Cab Rescue Vehicle to
be funded in the FY 2010 budget.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on June 23, 2009.
0,
PaoI F1 ANNE CASTRO
�P- _ YOR-COMMISSIONER
EST:
LOUISE STILSON, CMC
CITY CLERK
APP/R�OVED S O FORM AND CORRECTNESS:
THO A ' J.1 AP S hkO
CITY ATTORNEY
2 RESOLUTION#2009-126
r CITY Of
ALLAHASSEE
June 29, 2006
Vendor: William D. Alm, V.P.
Hall-Mark Fire Apparatus, Inc.
3431 NW 27`" Avenue
Ocala, Florida 34475
Contract documents have now been executed by all parties and we are
enclosing a copy for your files.
Project: Furnishing of Various Fire Apparatus and
Special Application Firefighting Vehicles
RFP No. 0152-05-VA-TC
Contract No. 1274
If you have any questions, please contact Helen Jackson of our office at
(850-891-8127)
CITY HALL JOHN R.MARKS, III MARK MUSTIAN I ANDREW D.GILLOM ALL AN J. KATZ I DEB61E LIGHTSEY
3DU Somh AJams Siren Mayor Mayer Prn 7em Commissioner Cnmetissinner Commissioner
Tallahassm FL 323101-1731
850-391-0000 ANITA F.I HOMPSON JAMES R. ENGLISH GARY HERNDON SAM M. MCCALL
TED: i I1 • tAgov.eom City Manager City Attorney City Treasurer-Clerk City AuJimr
CONTRACT
No. 1274
THIS CONTRACT is executed this,2f0 day 0 LLti'e:2006, by and between the CITY
OF TALLAHASSEE, a Florida municipal corporation, hereinafter called the "City", and
HALL-MARK FIRE APPARATUS, INC., hereinafter called the "Contractor",
WI TNESSETH:
WHEREAS, the City issued RFP No. 0152-05-VA-TC "( RFP") seeking proposals for
furnishing of various fire apparatus and special application firefighting vehicles; and,
WHEREAS, the Contractor submitted a certain proposal dated October 4, 20D5
("Proposal")in response to that RFP; and,
WHEREAS, the City and the Contractor desire to enter into a contract for the purchase
of various fire apparatus and special application firefighting vehicles, as more particularly
set forth in this Contract;
NOW, THEREFORE, in consideration of the mutual promises and covenants,
obligations, and terms hereinafter set forth, and other good and valuable considerations,
the receipt and sufficiency of which are hereby acknowledged, City and Contractor
hereby agree as follows:
SECTION 1.0 PURCHASE OF APPARATUS, EQUIPMENT,AND PARTS.
1.1 Apparatus. Contractor shall provide various fire apparatus and special
application firefighting vehicles ("Apparatus") as may be ordered from time to
time by the City, which Apparatus may include the following:
Engine/Pumpers
Aerial Platforms
Aerial Ladders
Air/Light
Light Rescue
Medium Rescue
Heavy Rescue
Mini Pumper
Brush/Wildland
Haz-Mat
Incident Command
All Apparatus shall be designed, constructed, and equipped in accordance with
the specifications set forth under Tab 2 of the Proposal and applicable Change
Orders executed by the parties. Fire apparatus cabs must be certified through a
third-party crash test program, and all aerial devices must be certified aerial
Contract P. 1 of 10 Hall-Mark[Fife Apparatus]Rev7c
engineering. All Apparatus shall conform and comply with all applicable federal,
state, and local laws, statutes, ordinances, and regulations.
1.1.1 The Contractor and the City Fleet Management Division shall schedule
the following three meetings with respect to each order received from the
City:
(i) A pre-production meeting to completely review the specifications and
the drawings prior to commencing assembly or production of
Apparatus.
(ii) A mid-production meeting, at the 45-55% completion stage, to inspect
and verify integral specification compliance for wiring, integral
component system installation, etc. prior to progressing to final
completion.
(iii) A final review meeting and inspection, when the Apparatus is
considered by the Contractor to be complete and ready for delivery, to
generally inspect the Apparatus for conformity with specifications,
drawings, and any Change Orders. In addition to a complete
inspection, City representatives will conduct a full performance test of
the Apparatus and all integral systems. The Contractor shall provide
all technical information and representative(s) reasonably required to
assist the City in these inspections and shall make available to the
City all reasonably required third-party certifications.
The Contractor shall pay all costs for, or at the option of the City shall
arrange and pay for, transportation, lodging and meals for up to (3) City
representatives of Tallahassee to travel to the manufacturing facilities at
which the Apparatus is being constructed and to attend these meetings.
The Contractor shall coordinate arrangements with the City Fleet
Management Division at least three weeks prior to the scheduled
meeting.
1.1.2 The City or the Contractor, at any time, may request changes in the
specifications or requirements related to a particular Apparatus. No
changes shall become effective until reduced to writing and signed by
duly authorized representatives of each party. All such Change Orders
shall include, as a minimum, the following information:
(i) The specific changes to be made (i.e., chassis, chassis components,
equipment, equipment components, etc.).
(ii) Changes, if any, in the time for delivery of the Apparatus.
(iii) Changes in the Apparatus price.
1.2 Equipment. The Contractor shall provide such firefighting equipment and tools
as may be ordered from time to time by the City.
contract Hall-Mark[Fire Apparatus]Rev7c
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1.3 Parts.
1.3.1 The Contractor shall provide such parts for Apparatus purchased by the
City as may be ordered from time to time by the City. The Contractor
shall provide on-line parts ordering capability for the City and, upon
request, will provide original manufacturer part numbers. All parts
ordered by the City shall be delivered F.O.B to the City Fleet
Management Division within 24 hours from placement of the order. In the
event the City requests overnight shipping, the part shall be shipped
accordingly at the expense of the City. Delays in shipment beyond the
reasonable control of the Contractor shall be subject to Section 10.10;
provided, however, the Contractor, in such event, shall promptly provide
Notice to the City regarding the details of any such delay so the City can
make a final determination regarding responsibility.
1.3.2 The Contractor shall maintain, at City Fleet Management Division
facilities, an inventory of certain high volume of use and long lead-time
parts for Apparatus purchased by the City ("Consignment Parts").
Consignment Parts shall remain the property of the Contractor until use
by the City; however, the City, unless otherwise provided herein, shall
bear the risk of loss of all Consignment Parts while in the custody of the
City. The City, based on information provided by the Contractor, shall be
responsible for monitoring the shelf-life and condition of all Consignment
Parts. The Contractor, at its cost, shall ensure that Consignment Parts
that are used, otherwise withdrawn from stock, are determined to be
obsolete, or are identified as being out of date or in an unusable condition
are promptly replaced in inventory. This inventory of Consignment Parts
will be audited annually for reconciliation purposes. The City agrees to
allow the Contractor to use the Consignment Parts for other customer
applications, so long as such parts are promptly replaced by the
Contractor. The volume of these transactions should not cost the City of
Tallahassee additional inventory maintenance expenditures.
SECTION 2.0 TERM.
The Term of this Contract shall be a period of five (5) years, commencing on June 15,
2006, unless earlier terminated in accordance with the terms of this Contract. Such term
may be extended for an additional five (5) year period, subject to mutual agreement of
the parties.
SECTION 4.0 CONTRACT PRICING AND PAYMENT.
4.1 Apparatus.
4.1.1 During the Term, the City shall pay the Contractor for Apparatus ordered
by the City based upon the Contractor's current pricing at the time a
particular order is placed, provided, however, that such price shall not
contract Hall-Mark[Fire Apparatus]Rev7c
Pent q of 19
exceed the following: (i) for the initial order of a particular type of
Apparatus, the price set forth in the Proposal adjusted by the percentage
increase in the Producer Price Index, Transportation equipment
manufacturing, published by the U.S. Department of Labor, Bureau of
Labor Statistics, from the date of the Proposal to the latest value for such
index available on the date of the particular order, or (ii) for subsequent
orders of a particular type of Apparatus, the price last paid for such
Apparatus adjusted by the percentage increase in the Producer Price
Index, Transportation equipment manufacturing, published by the U.S.
Department of Labor, Bureau of Labor Statistics, from the date of the last
order for such Apparatus to the latest value for such index available on
the date of the current order.
4.1.2 Apparatus prices offered to the City during the term of this Contract shall
be equal to or less than the lowest price offered by the Contractor to any
other customer. The City shall have the right to annually review and audit
all Contractor contracts and sales records to verify that the Contractor is
in compliance with this most favored pricing requirement. if the
Contractor is found not to be in compliance, the City will notify the
Contractor, in writing, of such fact, and the Contractor, within 30 days of
its receipt of such notice, shall pay to the City the applicable price
differential for all affected Apparatus purchased by the City, plus interest
thereon at the rate of six percent(6%), for the period from the date of final
acceptance of the affected Apparatus through the date of such notice
from the City.
4.2 Parts and Equipment. The Contractor will sell parts to the City at its cost plus
20% and will sell loose firefighting equipment to the City at its cost plus 12%. The
City shall have the right to annually review and audit all Contractor records to
verify that the Contractor is in compliance with this pricing requirement. If the
Contractor is found not to be in compliance, the City will notify the Contractor, in
writing, of such fact, and the Contractor, within 30 days of its receipt of such
notice, shall pay to the City the applicable price differential for all affected parts
and equipment purchased by the City, plus interest thereon at the rate of six
percent (6%), for the period from the date of delivery of the affected parts or
equipment through the date of such notice from the City.
4.3 Payment.
4.3.1 All Apparatus, parts, and equipment prices shall be F.O.B. City of
Tallahassee Fleet Division, 400 Dupree Street, Tallahassee, Florida.
4.3.2 All proper invoices shall be paid by the City in accordance with the Florida
Prompt Payment Act, Section 218.70, Florida Statutes,
4.3.3 In addition to other remedies available under this Contract, the City shall
have the right to deduct, offset against, or withhold from sums or
payments otherwise due the Contractor any sums or amounts which the
Contract Hall-Mark[Fire Apparatus]Rev7c
Contractor may owe to the City pursuant to provisions of this Contract, as
a result of breach or termination of this Contract, or otherwise.
SECTION 5.0 DELIVERY AND ACCEPTANCE
5.1 The Contractor shall deliver Apparatus to the City within the times or pursuant to
the schedule set forth in the Proposal (Tab 3) or this Contract. The Contractor
and the City agree that timely delivery by the Contractor is of the essence of this
Contract, that City will suffer damages in the event the Contractor fails to so
perform, and that such damages may be difficult to precisely calculate or prove.
As a result, the Contractor shall pay to the City, as liquidated damages and not
as a penalty, the amount of $100 per day, or portion thereof, for each day of
delay in delivery of particular Apparatus ordered by the City. Such liquidated
damages shall be paid in addition to any other recourse that may be available to
City in the event of such a breach.
5.2 The Contractor shall fully assemble, service, and adjust all Apparatus and
associated equipment prior to delivery and shall demonstrate, to the satisfaction
of the City, that each delivered Apparatus is in perfect mechanical condition.
5.3 Delivery of Apparatus and equipment to the Purchaser does not constitute
acceptance for the purpose of payment or warranty start time. The City shall
inspect and test each delivered Apparatus to determine whether it meets all
specifications and requirements set forth in this Contract and in the. Within ten
(10) days following delivery, the City shall notify the Contractor, in writing, of
either its final acceptance of the Apparatus or the failure of the Apparatus to
meet certain specifications and requirements. In the latter case, the Contractor,
within ten (10) days following its receipt of written notice from the City, shall
deliver to the City a detailed proposal and schedule for corrective action. If the
proposed corrective action is not acceptable to the City, the Contractor will be
given a written notice to proceed, and a new inspection, testing, and notice
process shall commence upon completion of corrective action. If the proposed
corrective action or schedule is not acceptable, or if approved corrective action is
not timely completed, the City may refuse the Apparatus and/or equipment. The
Apparatus or equipment shall remain the property and the responsibility of the
Contractor, and the Contractor shall bear all risk of loss with respect thereto, until
final acceptance by the City.
5.4 With each Apparatus, the Contractor shall deliver to the City, in an electronic
format acceptable to the City, the following:
(i) three (3) copies of the technical and service manuals for the cab and
chassis(if a commercial chassis);
(ii) three (3) copies of the technical and service manuals for the vehicle body
(both commercial and custom);
(iii) three(3) copies of the operator's manual(both commercial and custom);
contract 9of 19
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(iv) a copy of the manufacturer's preventive maintenance schedule;
(v) a copy of the manufacturer's Shop Order Truck List; and,
(vi) the manufacturer's statement of origin, title application, and all warranty
documents.
5.5 All Apparatus delivered to the City shall be owned by the Contractor and shall be
delivered free and clear of all liens and security interests of any kind.
SECTION 6.0 INDEMNIFICATION.
6.1 The Contractor shall indemnify and save harmless the City, its officials and
employees, from all losses, damages, costs, expenses, liability, claims, actions,
and judgments of any kind whatsoever, including reasonable attorney's fees and
costs of litigation, to the extent arising out of or caused by any act or omission of
the Contractor, its subcontractors, or their respective employees, officers,
directors, or agents, in the performance under this Contract. The indemnification
obligation under this clause shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for the
Contractor or any subcontractor under any Workers' Compensation Act,
Disability Benefit Act, or other Employee Benefit Act.
6.2 The Contractor shall, at its sole expense, defend any claim, suit or proceeding
brought against the City, its official or employees, to the extend such claim, suit
or proceeding is based on a claim that any Apparatus, parts, or equipment
furnished under this Contract (collectively, "Infringing Work") constitutes
infringement of any registered patent of the United States of America or county of
manufacture, provided that City shall give the Contractor prompt written notice of
any such claim, suit or proceeding and shall give the Contractor authority,
information and assistance in a timely manner for the defense of the same. The
Contractor shall indemnify and hold the City, its officials or employees, harmless
from and against all costs and damages awarded, and all attorney's fees
incurred or awarded, in any suit or proceeding so defended. The Contractor will
not be responsible for any settlement or proceeding made without its prior written
approval. In case said Infringing Work is held to constitute an infringement and
the use of said Infringing Work is enjoined, the Contractor shall, at its own
expense and at its option, either (a) procure for City the right to continue using
said Infringing Work, (b) replace said Infringing Work with substantially
equivalent, equally functional, non-infringing Work, parts or combination thereof,
or (c) modify such Infringing Work so that it becomes non-infringing, while
maintaining the same functionality.
SECTION 7.0 INSURANCE.
Contract
a 19 Hall Mark�re ApparatusjRev7c
7.1 Prior to commencing work, Contractor shall procure and maintain at Contractor's
own cost and expense for the duration of the Contract, the following insurance
against claims for injuries to person or damages to property which may arise
from or in connection with the performance of the Scope of Services hereunder
by Contractor, its agents, representatives, employees or sub-consultants. The
cost of such insurance shall be borne by Contractor.
7.1.1 Contractor shall maintain the following coverage with limits no less than
the indicated amounts:
(a) Commercial General/Umbrella Liability Insurance - $1,000,000 limit
per occurrence for property damage and bodily injury. The service
provider should indicate in its proposal whether the coverage is
provided on a claims-made or preferably on an occurrence basis.
The insurance shall include coverage for the following:
(i) Premise/Operations
(ii) Explosion, Collapse and Underground Property
Damage Hazard (only when applicable to the
project)
(iii) Products/Completed Operations
(iv) Contractual
(v) Independent Contractors
(vi) Broad Form Property Damage
(vii) Personal Injury
(b) Business Automobile/Umbrella Liability Insurance - $1,000,000
limit per accident for property damage and personal injury.
0) Owned/Leased Autos
(ii) Non-owned Autos
(iii) Hired Autos
(c) Workers' Compensation and EmployersA.Imbrel/a Liability
Insurance-Workers' Compensation statutory limits as required by
Chapter 440, Florida Statutes. This policy should include
Employers'/Umbrella Liability Coverage for $1,000,000 per
accident.
7.1.2 Other Insurance Provisions
(a) Commercial General Liability and Automobile Liability Coverage
0) City, members of its City Commission, boards,
commissions and committees, officers, agents, employees
and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or
on behalf of Contractor; products and completed
operations of Contractor; premises owned, leased or used
by Contractor or premises on which Contractor is
performing Services on behalf of City. The coverage shall
contain no special limitations on the scope of protection
afforded to City, members of its City Commission, boards,
commissions and committees, officers, agents, employees
and volunteers.
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(ii). The Contractor's insurance coverage shall be primary
insurance as respects City, members of its City
Commission, boards, commissions and committees,
officers, agents, employees and volunteers. Any
insurance or self-insurance maintained by City, members
Of its City Commission, boards, commissions and
committees, officers, agents, employees and volunteers
shall be excess of Contractor's insurance and shall not
contribute with it.
(iii) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to City,
members of its City Commission, boards, commissions
and committees, officers, agents, employees and
volunteers.
(iv) Coverage shall state that Contractor's insurance shall
apply separately to each insured against whom a claim is
made or suit is brought, except with respect to the limits of
the insurer's liability.
(b) Workers' Compensation and Employers' Liability and Property
Coverage
The insurer shall agree to waive all rights of subrogation against
City, member of its City Commission, boards, commissions and
committees, officers, agents, employees and volunteers for losses
arising from activities and operations of Contractor in the
performance of Services under this Contract.
(c) All Coverage
(i) Each insurance policy required by this Article shall be
endorsed to state that coverage shall not be suspended,
voided, canceled, reduced in coverage or in limits except
after thirty (30) days prior written notice has been given to
City in accordance with this Contract.
(ii) If Contractor, for any reason, fails to maintain any
insurance coverage that is required pursuant to this
Contract, the same shall be deemed a material breach of
contract. City, at its sole option, may terminate this
Contract and obtain damages from Contractor resulting
from said breach.
(iii) Alternatively, City may purchase such required insurance
coverage (but has no special obligation to do so), and
without further notice to Contractor, City may deduct from
sums due to Contractor any premium costs advanced by
City for such insurance.
7.1.3. Deductibles and Self-Insured Retention's
Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City,
members of its City Commission, boards, commissions and committees,
officers, agents, employees and volunteers; or Contractor shall procure a
k M ll
Contract Hall-Mark Fire A
cons a.,r�� [ ppare(us)Rev7c
bond guaranteeing payment of losses, related investigation, claim
administration and defense expenses.
7.1.4. Acceptability of Insurers
Insurance is to be placed with Florida admitted insurers rated B+X or better by
A.M. Bests rating service.
7.1.5. Verification of Coverage
Contractor shall fumish City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The
certificates and endorsements for each policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be submitted with the proposal as a
first peer review. Upon execution of the contract documents, the
certificates and endorsements are to be received and approved by City
before work commences.
SECTION 8.0 TERMINATION.
8.1 The City may, by written notice to the Contractor, terminate this Contract in whole
or in part, at any time, either for the convenience of City or because of failure of
the Contractor to fulfill its obligations. Upon receipt of such notice, the Contractor
shall immediately discontinue all work affected (unless the notice directs
otherwise).
8.2 If the termination is for the convenience of the City, the Contractor shall be paid
for all Apparatus, parts, and equipment delivered and finally accepted as of the
effective date of termination.
8.3 If the termination is due to the failure of the Contractor to fulfill its obligations
under this Contract, the Contractor shall be liable to City for reasonable additional
costs incurred by City as a result of such breach.
8.4 If, after notice of termination for failure to full its obligations under this Contract,
it is determined that Contractor has not so failed, the termination shall be
deemed to have been effected for the convenience of City.
8.5 The rights and remedies of the parties provided in this Section 8 are in addition to
any other rights and remedies such party may have at law, in equity, or under
this Contract.
SECTION 9.0 WARRANTY AND MAINTENANCE.
9.1 The Contractor hereby warrants all Apparatus as set forth in its Proposal (Tab 4)
and the individual warranty documents delivered with each Apparatus. The
CO^tract Hal!-Mark[Fire Apparatus]Rev&
Prn.a M 19
Contractor will respond, on-site in Tallahassee, for all warranty repairs within 24
hours following notice from the City.
9.2 The Contractor shall provide all training for City personnel necessary for the City
Fleet Management Division to be designated as an authorized warranty repair
center. Although the City will have the capability and expertise to repair
Apparatus under warranty, the City prefers to have the Contractor complete all
warranty work, and the City shall perform such work only in the event of exigent
circumstances. The Contractor, within thirty (30) days of receipt of an invoice
therefore, will a the City fo
r all such warranty
pay Y want work completed
Y p by City
the Ci in an
amount equal to the fully-loaded costs for personnel performing such work. At
the request of the Contractor, the City will provide documentation of such costs.
SECTION 10.0 MISCELLANEOUS PROVISIONS.
10.1 Time shall be of the essence in performance of this Contract; provided, however,
that either party shall be excused from timely performance under this Contract to
the extent that, but only to the extent that, such delay is the result of any cause
beyond the reasonable control of, and not the result of negligence or the tack of
diligence of, the party claiming such excuse from timely performance.
10.2 Failure to enforce or insist upon compliance with any of the terms or conditions of
this Contract or failure to give notice or declare this Contract terminated shall not
constitute a general waiver or relinquishment of the same or any other terms,
conditions, or acts; but the same shall be and remain at all times in full force and
effect.
10.3 If written notice to a party is required under this Contract, such notice shall be
given by hand delivery, recognized overnight delivery service, or by first class
mail, registered and return receipt requested, to Contractor as follows:
Hall-Mark Fire Apparatus, Inc.
3431 NW27"'Avenue
Ocala, Florida 34475
ATTN: William D. Alm, V.P.
and to the City as follows:
City of Tallahassee
Fleet Management
400 Dupree Street
Tallahassee, Florida 32304
ATTN: Fleet Superintendent
10.4 Contractor shall not assign any of their rights or obligations under this Contract
without prior approval by the City.
contract Hall-Mark(Fire Apparatus)Rev7c
10.5 Contractor shall be responsible for the actions of any and all of their
subcontractors and consultants. Neither subcontractors nor any consultants
shall interface directly with the City.
10.6 This Contract and every question arising hereunder shall be construed,
interpreted, or determined according to the laws of the State of Florida. Venue
for any action brought in relation to this Contract shall be placed in a court of
competent jurisdiction in Leon County, Florida.
10.7 As required by Section 287.133, (2 (a), Florida Statues, a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public
entitycrime may
y not submit a proposal on a contract to provide any goods or
services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or a public work, may not
submit proposals on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s.287.010 for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list. Any person must notify the City within 30 days after a
conviction of a public entity crime applicable to that person or to an affiliate of that
person.
10.8 The language of this Contract shall be construed according to its fair meaning,
and not strictly for or against either City or Contractor. The section headings
appearing herein are for the convenience of the parties and shall not be deemed
to govem, limit, modify or in any manner affect the scope, meaning or intent of
the provisions of this Contract. If any provision of this Contract is determined to
be void by any court of competent jurisdiction, then such determination shall not
affect any other provision of this Contract and all such other provisions shall
remain in full force and effect; and it is the intention of the parties hereto that if
any provision of this Contract is capable of two constructions, one of which would
render the provision void and the other of which would render the provisions
valid, then the provision shall have the meaning which renders it valid.
10.9 Contractor agrees that it will not discriminate against any employee or applicant
for employment for work under this Contract because of race, color, religion,
gender, age or national origin and will take affirmative steps to ensure that
applicants are employed and employees are treated during employment without
regard to race, creed, color, sex, marital status or national origin. The Contractor
will post a copy of this pledge in a conspicuous place, available to all employees
and job applicants and will place or cause to be placed a statement in all
solicitations or advertisement for job applicants, including subcontracts, that the
respondent is an "Equal Opportunity Employer".
10.10 Either party shall be excused from timely performance under this Agreement to
the extent, but only to the extent, such delay is the result of any cause beyond
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the reasonable control of, and not the result of negligence or the lack of diligence
on the part of, the party claiming such excuse from timely performance.
10.11 The Contractor shall make Apparatus and equipment available to other
governmental entities on the same terms and conditions as set forth in this
Contract. Should any such governmental entity purchase Apparatus or
equipment on such basis, the Contractor shall report such purchase to the City
and shall credit to the City, within thirty (30) days following final payment for any
such Apparatus or equipment, an amount equal to 0.5% of such purchase price.
This provision shall apply to all purchases initiated during the term of this
Agreement, even if such purchase continues and payment is received after the
expiration of such term.
10.12 It is understood and agreed that this Contract, including exhibits and references
(if any), is the entire Contract between the parties and supersedes all prior oral
agreements and negotiations between the parties relating to the subject matter
hereof. City and Contractor, by mutual agreement, may change or amend the
terms and conditions of this Contract. All such changes or amendments shall be
set forth in a written amendment to this Contract.
10.13 If any portion of this Contract, or any Exhibit or portion thereof, is held to be
invalid by a court of law, such provision shall be considered severable, and the
remainder of this Contract shall be construed and enforced in a manner
consistent with the intent of the Parties.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized representatives, effective the date first above written.
CITY OF TALLAHASSEE
Attest: n
/-x-- By:
Gary Hemdov Cathy KilgaMiek�q i
City Treasu r-Clerk Manager For'roc tent Services
HALL-M R/,/E /- RATUS, INC.
By:
Witness as to the Contracto Willliam D. Alm, V.P.. / General Manager
�� �115s TER BUSS
Notary Public,State of Flontla
Witness as to the Contractor My comm. exp. Mar 15, 2009
Comm. No. DID 407418
APPRe A F Ft
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