2013-12 AGREEMENT FOR
FIRE APPARATUS REPAIR SERVICES
THIS AGREEMENT, made and entered into this day of ..e.1DC uark 2013,
A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "CITY"), and Hall-Mark Fire Apparatus, 3431 NW 27th
Avenue, Ocala, FL 34475 (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Punta Gorda, Florida through the public procurement process
awarded Solicitation#Q2009115/SVC-Fireveh/0910/2 for fire apparatus repair services;
WHEREAS, based on CONTRACTOR's response to Solicitation # Q2009115/SVC-
Fireveh/0910/2 the City of Punta Gorda entered into a contract for the provision of repair
services;
WHEREAS, CITY desires to utilize the above-referenced awarded bid and
CONTRACTOR's response thereto in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the
terms and conditions of the contract entered into with the City of Punta Gorda.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall provide fire apparatus repair services as described in the City
of Punta Gorda contract attached hereto and incorporated herein as Exhibit "A" and shall
do everything required by this Agreement and the other Agreement Documents contained
in Solicitation # Q2009115/SVC-Fireveh/0910/2 which are a part of these Documents.
Provided, however, that nothing herein shall require CITY to purchase or acquire any
items or services from CONTRACTOR. To the extent of a conflict between this
Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail and
govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II -THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set
forth in set forth in Exhibit `A', attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and
shall remain in effect until April 1, 2016, unless terminated or renewed as
provided for herein.
1
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors;
d) CONTRACTOR fails to comply with any of the conditions of provisions of
this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other nght or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted
prior to the effective date of termination.
3. Upon mutual agreement of the parties, this Agreement may be renewed for
two (2) additional one(1) year terms.
ARTICLE IV - COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in Exhibit "A"
and the applicable purchase order or notice to proceed.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth herein, CONTRACTOR shall submit a
payment request by the third (3rd) day of each calendar month for items provided during
the preceding calendar month. CITY shall make payment to the CONTRACTOR, within
thirty (30) calendar days, on the basis of a duly certified and approved payment invoice
by the CITY for services provided and accepted by the CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in Clermont, Lake County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having junsdiction thereof.
2
ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage Insurance -
The CONTRACTOR shall require each of his subCONTRACTORs to procure and
maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
3
disease or death, or to injury to or destruction of tangible property
(other than the Work itself) , and (2) is caused in whole or in part by
any negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or
employees by any employee of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph 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 workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII -NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: Hall-Mark Fire Apparatus
3431 NW 27th Avenue
Ocala, FL 34475
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
4
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, in whole or in part, without the prior written
consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. CONTRACTOR expressly understands and acknowledges that any and
all documents related to the services provided herein, may be considered records
that are subject to examination and production in accordance with Florida's
Public Records Law. CONTRACTOR expressly agrees that it will comply with
all requirements related to said law and that it will hold CITY harmless, including
attorney fees and litigation costs, for any such disclosure related to Florida's
Public Records Law.
5
ARTICLE X-AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this
Agreement as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in City of Punta Gorda Contract dated May 19, 2010
(Exhibit"A"hereto) and Solicitation#Q2009115/SVC-Fireveh/0910/2.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this aLo day of r u CtcLt_,2013.
City of Clermont
Harold S. Turville, Jr., Mayor
Attest:
Tracy Ackroyd, City Clerk
Hall-Mark Fir= Apparatus.
By: i / 6'Z-or w
tT-
Title
Attest: ///
Corporate Secretary v . C /yJ6f1.
/lei
(Name Printed or Typed)
6
EXHIBIT A
PRICING
2011 Maintenance Agreement-E-ONE/HORTON CUSTOMER RATES
REPAIR RATES RATES NOTES:
NORMAL BUISINESS HOURS Hours: Monday through Friday-7:30 AM through 4:00 PM
$90/per hour(E-ONE/Horton The vendor must dispatch the appropriate
repair staff for repair. However, the vendor
Hourly rate per person after minimum customer rate) must receive written approval from the City
on-site service charge has been met $95.00/per hour(Contract rate) (Customer) if the job needs more than one
$99.00//per hour(Non-contract) repair staff to complete the repair.
EMERGENCY/AFTER HOURS MONDAY THROUGH FRIDAY -4:01 P.M.THROUGH 7:29 A.M.;
SATURDAY AND SUNDAYS; HOLIDAYS
$125/per hour(E-ONE/Horton The vendor must dispatch the appropriate
Hourly rate per person after minimum customer rate) repair staff for repair However, the vendor
on-site service charge has been met. $130.00/per hour(Contract rate) must receive written approval from the City
$150.00//per hour(Non-contract) (Customer) if the job needs more than one
repair staff to complete the repair.
EMERGENCY/AFTER HOURS MONDAY THROUGH FRIDAY -4:01 P.M.THROUGH 7:29 A.M.;
SATURDAY AND SUNDAYS; HOLIDAYS
$125/per hour(E-ONE/Horton The vendor must dispatch the appropriate
Hourly rate per person after minimum customer rate) repair staff for repair. However, the vendor
on-site service charge has been met $130.00/per hour(Contract rate) must receive written approval from the City
$150.00//per hour(Non-contract) (Customer) if the job needs more than one
repair staff to complete the repair.
REPLACEMENT PARTS : 30%OVER VENDOR COST(INVOICE)OR 10% DISCOUNT FROM LIST
WARRANTY: 90 DAYS LABOR , MFG WARRANTY ON PARTS, AND 30 DAYS ON GENERAL USE/WEAR PARTS
RESPONSE TIME
Out of Service Apparatus Begin within 24 hours
Apparatus at Risk Begin within 48 hours
Normal Service Work Begin within 72 hours
Completion Time for Scheduled PM Maintenance From time of pick-up to delivery of unit
24 hours
* In the event an apparatus is out of service for more than seven consecutive days, a loaner vehicle will, if in stock, be
made available to the customer Availability is subject to having loaner apparatus in Hall-Mark's possession at time of
vehicle breakdown. Contract is in force until such time Hall-Mark is not used exclusively for service and maintenance
Customer pricing is valid for active E-ONE/HORTON customers.
*This agreement is valid for one year and is renewable upon mutual consent by both parties Amendments or
adjustments can be made at any time upon mutual consent of both parties.
Hall-Mark Fire Apparatus, Inc Date Customer Date
Contact Information: George Scott-Service Manager-Office: 1-800-524-6072/Mobile(24/7)352-572-2575
AGREEMENT
BETWEEN CITY AND CONTRACTOR
SOLICITATION #Q2009115/SVC-FIREVEH/0910/2
THIS AGREEMENT is dated as of the I 0.44-1 day of the year 2010 by and between:
The City of Pun orda
326 West Mario Avenue
Punta Gorda, FL 33950
(941) 575-3302
(Hereinafter called CITY)and
Hall-Mark Fire Apparatus
3431 NW 27th Avenue
Ocala, FL 34475
(352) 629-6305
(Hereinafter called CONTRACTOR)
The Agreement Documents consist of this executed Agreement, the complete Solicitation Document #Q2009115 and
CONTRACTOR'S Submittal Package, and all documents that may be executed as a result of this executed agreement. City
and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
CONDITIONS OF WORK/PURCHASE: All work performed or purchases made shall be in accordance with the terms and
conditions of this Agreement and any attachments hereto. No other conditions or modifications of these terms and
conditions will be effective unless specifically agreed to in writing by the CITY's appropriate level of authority. Failure of
CITY to object to provisions contained in any acknowledgment, document or other communications from CONTRACTOR
shall not be construed as a waiver of the Agreement's terms and conditions or an acceptance of any such provision. /
This Agreement and any attachments hereto, constitute the complete and exclusive statement of the parties which
supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject
matter hereof. This Agreement shall not be modified, supplemented, qualified or interpreted by any prior course of
dealing between the parties or by any usage of trade. Only the CITY's appropriate Change Order Authority can make
changes or modifications by issuance of an official change notice.
ARTICLE 1. -WORK
All work to be performed in accordance with the Agreement Documents, Exhibit A and shall be completed in a timely and
professional manner.
ARTICLE 2.—CONTRACT ADMINISTRATOR
The Procurement-Manager-or-theirdesignee,T who-is-hereinafterreferredto-as-CONTRACT ADMINISTRATOR-will assume
all duties and responsibilities and will have the rights and authority assigned to ensure contract compliance and
management/administration of the Agreement.
ARTICLE 3.—TERM AGREEMENT
A. AGREEMENT TERM: This Agreement shall be for a three (3)year period, which shall on June 1, 2010. The CITY
retains the right to renew this initial Agreement under the same terms and conditions upon mutual agreement with the
Contractor. Agreement for commodities or contractual services may be renewed for a period that may not exceed 3
years, or the term of the original contract, whichever period is longer. Renewal of a contract for commodities or
contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial
contract. A renewal contract may not include any compensation for costs associated with the renewal. Renewals shall be
contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds.
1. The CITY reserves the right to discontinue the contract in any year of a renewal period if it is deemed to
be in the best interest of the CITY.
Agreement Page 1 of 19
Solicitation#Q2009115/SVC-FIREVEH/0910/2
B. NON-EXCLUSIVE AGREEMENT: No Guarantee is expressed or implied as to the total quantity of
commodities/services to be purchased under any open-end Agreement. Estimated quantities will be used for evaluation
comparison purposes only.
C. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through contracts
established by other governmental agencies or through separate procurement actions due to unique or special needs. If
an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the
CONTRACTOR is unable to comply therewith, the CITY reserves the right to purchase commodities/services from another
source without penalty or prejudice to the CITY.
D. FISCAL YEAR PURCHASE ORDER: CONTRACTOR will receive a purchase order for each fiscal year that the
Agreement is in existence at prices quoted per the Agreement.
E. APPROPRIATION OF FUNDS: If funds are not appropriated or otherwise made available to support continuation
of this Agreement in any fiscal year, the CITY shall have the right to terminate the Agreement without any obligation or
penalty.
ARTICLE 4.—RESPONSE TIME
A. Service contract hours are defined as:
1. Standard Contract Hours: Monday through Friday, excluding Holidays stated below, between the hours of
7:00 a.m. and 4:00 p.m.
2. After Hours/Holiday Hours: After hours for standard business days, Monday through Friday between 4:01
p.m. and 6:59 a.m., Weekends beginning Friday at 4:01 p.m. through Monday at 6:59 a.m., and holidays defined
as New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and the day after, and Christmas Day. (Hall-
Mark needs to provide a list of holidays.)
B. The CITY and the CONTRACTOR mutually agree to a response times of:
1. Preventative Maintenance Schedule: CONTRACTOR shall provide the CITY with a Preventative
Maintenance Schedule within ten (10) City business days from the award of the Agreement.
2. Scheduled Service Notification: CONTRACTOR shall provide the CITY with a minimum one (1) week
notification for scheduled services. CONTRACTOR shall complete the scheduled services for each vehicle within
twenty-four(24) hours of beginning service.
3. Out of Service Apparatus — CONTRACTOR shall place the vehicle on "TOP PRIORITY" and repairs will
begin within twenty-four(24) hours of receiving notice from the CITY.
a. Should emergency service be required beyond the standard contract hours and is requested by the CITY,
the CITY shall compensate the CONTRACTOR at the contracted overtime rate.
4. Emergency Operations Event — In the event the CITY is placed in an Emergency Event status (i.e.
hurricane, flood, etc) the CONTRACTOR shall contact the CITY within twelve (12) hours of the ALL CLEAR to
access damage and required repairs to the vehicles. Communication may initially be verbal; however, in order to
provide proper assessment the CONTRACTOR shall be required to be on-site to inspect the vehicles within
twenty-four(24) hours of initial contact.
5. Response timeframes shall begin at the time the CITY first notified the CONTRACTOR by email or fax.
C. The CONTRACTOR shall notify the City Representative upon completion of services. The City Representative shall
inspect the service for Agreement compliance and notify CONTRACTOR of inspection results, which shall include a list
all deficiencies, if any. The CONTRACTOR shall be required to rectify all deficiencies within three (3) business days.
Failure to rectify deficiencies in accordance with the Agreement shall result in the City invoking Liquidated Damages
clause.
Agreement Page 2 of 19
Solicitation#Q2009115/SAC-FIREVEH/0910/2
ARTICLE 5.—LIQUIDATED DAMAGES
A. The CITY and the CONTRACTOR mutually agree response time compliance and performance compliance are
critical and failure to provide service in accordance with this Agreement and Exhibit A (Sections: Performance
Requirements and Deficiency Reporting/Rectification Process) is a detriment to CITY services. Therefore, the
CONTRACTOR agrees to credit the CITY for deficiencies not remedied, or failure to complete work as assigned, or failure
to comply with the Agreement's response time. Deduction schedule for deficiencies will be made to the CITY, but not as a
penalty, in accordance with the following:
1. Performance Deficiencies: Performance deficiencies are defined as failure to perform quality services for
maintenance, repairs, or occasional installations in accordance the Agreement's specifications, installation of
inferior parts and materials, or labor performed by unknowledgeable or improperly trained staff. Deduction shall
equal 10%of the service performed. Failure to correct the performance deficiency by the extended deadline shall
result in an additional automatic deduction of five percent(5%).The deduction(s)will reduce the CONTRACTOR's
invoice and the CITY will pay according to the adjustment amount due.
2. Schedule Deficiencies: Deduction shall be automatic and in the amount of ten percent(10%)of the amount
of work assigned for failure to maintain schedule for maintenance, response times or completion timelines for
services. Failure to complete the work assigned by the extended deadline shall result in an additional automatic
deduction of five percent(5%).The deduction(s)will reduce the CONTRACTOR'S invoice and the CITY will pay
according to the adjustment amount due.
B. The CITY reserves the right to cancel this AGREEMENT in its entirety should the CONTRACTOR fail to meet the
response time or performance requirements five(5)times within any six(6) month period.
ARTICLE 6.—CANCELLATION OF CONTRACT
A. CANCELLATION CLAUSE: This Agreement may be terminated by CITY or the CONTRACTOR should CONTRACTOR
or CITY fail to provide in any substantial manner the services and/or commodities required under this Agreement, or
otherwise fails to comply with the terms of this Agreement or the Agreement Documents, or violates any ordinance,
regulation or other law which applies to its performance under this Agreement. The CITY or the CONTRACTOR may
terminate this Agreement under this subparagraph by giving five (5) calendar days written notice. The CITY, at its option,
may give CONTRACTOR a reasonable period of time to cure the noncompliance.
B. The CITY may terminate this Agreement for any reason and without cause by giving thirty (30) calendar days
written notice to CONTRACTOR. Upon such termination, CONTRACTOR will be compensated for the value of the services
performed and/or commodities delivered to the date of termination.
C. DELAYS AND EXCUSED PERFORMANCE/FORCE MAJEURE. CONTRACTOR shall not be considered in default by
reason of failure, which arises out of causes reasonably beyond the CONTRACTOR'S control, and without its fault or
negligence. Such causes may include, however, not limited to: Acts of God, the City's omissive and commissive failures,
natural or public health emergencies, labor disputes, freight embargos.
ARTICLE 7.—AGREEMENT PRICING
A. AGREEMENT PRICING: Parts prices, which are to be installed by the CITY, are FREIGHT PREPAID AND ADDED
TO INVOICE/DESTINATION Punta Gorda, FL. Maintenance and labor related Agreement prices shall be inclusive of all
freight, handling, delivery, surcharges, or any other incidental charges that may be required for the completion of the
contract. Agreement price schedule is defined in Exhibit A.
B. PRICING STRUCTURE: CONTRACTOR agrees to supply the CITY the items and/or services based on the below
price structure:
1. Maintenance, labor and travel related unit prices shall remain fixed for the first year of the Agreement.
2. The non-emergency event administrative fee shall in accordance with the below schedule for repair parts and
materials over the Contractor's cost and shall remain fixed for the term of the Agreement.
a) Preferred Fleet Customer Tier Pricing—20%over CONTRACTOR's cost.
Agreement Page 3 of 19
Solicitation#Q2009115/SVC-FIREVEH/0910/2
b) Fleet Labor Tier Pricing—30% over CONTRACTOR's cost.
c) Retail Labor Tier Pricing—MSRP
d) The CONTRACTOR shall be responsible to competitively seek fair and reasonable pricing, which is in
the best interest of the CITY, for all parts and materials purchased for the project.
e) The CONTRACTOR shall furnish copies of all contractor's invoices for individual parts and/or
components exceeding $50.00 with all invoices upon request by the CITY.
3. The emergency event minimum discount from MSRP for repair parts and materials shall remain fixed for the
term of the Agreement and shall be in accordance with the below discount structure.
a) Preferred Fleet Customer Tier Pricing —20%discount from MSRP.
b) Fleet Labor Tier Pricing— 10%discount from MSRP.
c) Retail Labor Tier Pricing—MSRP
C. PRICE ADJUSTMENTS:
1. LABOR RATES, MINIMUM ON-SITE SERVICE REPAIR CHARGE AND TRAVEL RATES
a. The CITY will allow one (1) price adjustment in each subsequent year after the first year of the
Agreement. It will be at the CITY's discretion to continue each subsequent year of the Agreement.
However, additional consideration by the CITY may be given for extreme and unforeseen volatility in
the marketplace as specified in section relating to"Equitable Adjustments".
b. Price adjustments during the second and third year of the initial Agreement will be allowed, but shall
not exceed the Consumer Price Index (Urban Consumers) South Region percent of change for the
past twelve (12) months immediately preceding the date of written request for price adjustment.
This request will become effective thirty (30) days from the date the notice was received by the
CONTRACT ADMINISTRATOR from the CONTRACTOR for all purchases and services ordered after the
effective date thirty(30) days from the CONTRACT ADMINISTRATOR receipt of request).
2. PREVENTATIVE MAINTENANCE SERVICES
a. MAXIMUM PERCENTAGE INCREASE: The CONTRACTOR and the CITY have agreed to establish a
maximum percentage increase for each subsequent year after the first year of the Agreement.
The CONTRACTOR shall be responsible for providing written documentation supporting the
requested increase to the CONTRACT ADMINISTRATOR in accordance with the Price Adjustment
terms stated in this Article. The annual maximum percentage increase is defined as five percent
(5%)
b. The CITY will allow one (1) price adjustment in each subsequent year after the first year of the
Agreement. It will be at the CITY's discretion to continue each subsequent year of the
Agreement. However, additional consideration by the CITY may be given for extreme and
unforeseen volatility in the marketplace as specified in section relating to "Equitable
Adjustments".
c. Price adjustments after the first year of the Agreement will be allowed, but shall not exceed the
maximum five percentage (5) increase allowed by the Agreement. The requested adjustment
must be submitted to the CONTRACT ADMINISTRATOR accompanied by substantiating proof of
necessary increase (i.e. inflationary surge in fuel, wages, insurance or an unexpected cost
increase from a supplying aggregate mine). In this event, written justification itemizing the
adjustments and stating the percentage of increase must be forwarded to CONTRACT
ADMINISTRATOR. CONTRACT ADMINISTRATOR will compare the requested price increase with
the CPI index (Urban Consumers) South Region percent of change for the past twelve (12)
months immediately preceding the date of written request. If justified and approved, this request
will become effective thirty (30) days from the date the notice was received by CONTRACT
Agreement Solicitation#Q2009115/SVC-FIREVEH/0910/2 Pa 9 e 4 of 19
1
ADMINISTRATOR from the CONTRACTOR for all purchases and services ordered after the
effective date (thirty (30) days from City receipt of request). If the CONTRACTOR fails to justify
the requested increase, CITY reserves the right to reject the price increase and cancel the
balance of the contract.
3. If any price reductions are announced during the Agreement period, the CITY shall receive benefit of such
reductions. This request shall also be in the form of a written notification from the CONTRACTOR and shall
become effective thirty(30) days from the date of notice was received by the CONTRACT ADMINISTRATOR
from the CONTRACTOR for all purchases and services ordered after the effective date (thirty(30)days from
the CONTRACT ADMINISTRATOR'S receipt of request).
4. Equitable Adjustments: The CITY may, in its sole discretion, make an equitable adjustment in the Agreement
terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the
marketplace, that is, by circumstances that satisfy all the following criteria: (1)the volatility is due to causes
wholly beyond the CONTRACTOR'S control; (2)the volatility affects the marketplace or industry, not just the
particular Agreement source of supply; (3)the effect on pricing or availability of supply is substantial; and (4)
the volatility so affects the CONTRACTOR that continued performance of the Agreement would result in a
substantial loss. Any and all equitable adjustments may be considered temporary due to the reason for
adjustment. All equitable adjustments will be evaluated by the CONTRACT ADMINISTRATOR to determine if
the reason for adjustment is still valid. If the reason for the adjustment is no longer valid, the CITY will
terminate the adjustment and notify the CONTRACTOR.
5. The CITY reserves the right to negotiate the contract if the prices exceed the current marketplace.
1. CONTRACT RENEWAL
- a. Price adjustment, during the optional renewal period, will be allowed. However, the CITY will
allow only one (1) adjustment for each year of the renewal period. Requirements for requesting a
price adjustment shall be in accordance with the Price Adjustments section-above and subject to
CITY approval.
ARTICLE 8.—INVOICING/PAYMENT TERMS
A. The payment terms agreed upon by the CITY and CONTRACTOR are NET 30.
B. INVOICES: Invoices shall bear upon their face the Purchase Order number. Invoices must state that they cover,
as the case may be, complete or partial delivery, and must show units and unit prices. Invoices will not be paid unless
and until the requirements have been fully met.
C. PRICE/SALES TAX: Unless otherwise specified herein, the unit prices herein do not include sales or use tax.
ARTICLE 9.—WARRANTY/GUARANTEES
A. COVENANT AGAINST GRATUITIES: CONTRACTOR warrants that no gratuities(in the form of entertainment, gifts,
or otherwise) were offered or given by CONTRACTOR, or any agent or representative of CONTRACTOR, to any officer or
employee of CITY with a view toward securing this Agreement or favorable treatment with respect to any determination
concerning the performance of this Agreement. In the event of breach of this warranty, CITY shall be entitled to pursue
the same remedies including, but not limited to, termination, against CONTRACTOR as it could pursue in the event of
CONTRACTOR'S default.
B. PRODUCTS WARRANTY. Product or material shall be warranted against any defects in materials and
workmanship. This period of manufacturer's warranty shall begin to run at the time the product(s),or material(s) are
received, inspected, and accepted by a representative of the CITY. Original Equipment Manufacturer warranty shall apply
unless otherwise specified in the solicitation document.
C. SERVICE WARRANTY. Services and/or work shall be warranted against any defects in workmanship. This period
of warranty shall begin to run at the time the completed, inspected, and accepted by a representative of the CITY. A six
(6) month warranty shall apply unless otherwise specified in the solicitation document.
D. MERCHANTABILITY WARRANTY. The goods or items furnished shall be of a merchantability quality. They also
shall be suitable for the particular purpose as referenced in the solicitation document and in all supporting literature
relating to the goods or items being purchased.
Agreement' Page 5 of 19
Sohatabon#Q2009115/5VC-FIREVEH/0910/2
E. SPECIFICATION WARRANTY. The awarded CONTRACTOR warrants that all services will be in full accordance
with the specifications and requirements of this solicitation document and this Agreement.
ARTICLE 10. - CHANGE ORDER TO CONTRACT
A. All requests for changes to the resulting Agreement shall be made in writing and is subject to approval by the
appropriate level of City authority.
B. The following the Change Order Authority Levels for the CITY.
1. CITY REPRESENTATIVE OR CITY PROJECT MANAGER. If the CITY has named a CITY Representative or
Project Manager in this solicitation this authority will be applicable. The CITY representative or project manager
has the authority to approve change order request in an amount up to $750.00 and may approve requests for
contract time extensions not to exceed five (5) days. Minor non-monetary changes, which do not result in a
change in the contract amount, may also be approved by the CITY representative or project manager.
2. PROCUREMENT MANAGER. The Procurement Manager may approve change orders in a singular or
cumulative amount that does not exceed 10% of the total contract price with a maximum cap of Fifty Thousand
Dollars ($50,000), with the exception of contracts requiring CITY Council's sole approval for an award. The
Procurement Manager may authorize contract time extension in excess of five (5) days and non-monetary
change, which are not considered minor, which do not result in a change in the contract amount.
3. CITY MANAGER. The CITY Manager may approve all change orders with the exception of contracts that
require solely the CITY Council's approval.
4. CITY COUNCIL The CITY Council shall approve change orders for Exempt contracts that are reserved for
CITY Council approval (i.e. Franchises, Inter-local Agreements, Land, Legal, Auditing, Actuarial Services and
Medical Director.
C. The CONTRACTOR fully understands the CITY's Change Order Policy. In the event the CONTRACTOR begins work
on unauthorized changes to scope prior to receiving a signed Change Order by the CITY's appropriate level of authority,
they do so at their own expense and risk not being compensated by the CITY for performing unauthorized work.
ARTICLE 11. - INSURANCE REOUIREMENTS
The CONTRACTOR, before commencing any work, shall provide insurance and furnish the City with a Certificate of
Insurance for themselves and all subcontractors and generally shall require the following terms:
• THE CITY IS TO BE SPECIFICALLY INCLUDED AS AN ADDITIONAL INSURED (WITH REGARDS TO GENERAL
LIABILITY).
• THE CITY SHALL BE NAMED AS CERTIFICATE HOLDER. PLEASE NOTE THAT THE CERTIFICATE HOLDER
SHOULD READ AS FOLLOWS:
City of Punta Gorda
326 W. Marion Avenue
Punta Gorda, Florida 33950
No CITY Division, Department, Project name or individual name should appear on the Certificate. NO OTHER FORMAT
WILL BE ACCEPTABLE.
• REQUIRED COVERAGE:
o COMMERICAL GENERAL LIABILITY - Not less than $500,000 per occurrence; combined single limit for
bodily injury liability and property damage liability. This shall include premises and/or operations,
independent contractors and products and/or completed operations, and a contractual liability
endorsement.
o GARAGE LIABILITY—Not less than $500,000 Per Occurrence
o Business Auto Policy - Not less than $500,000 Per Occurrence; Combined Single Limit for Bodily Injury
Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned
Vehicles, and Employees Non-Ownership.
Agreement Page 6 of 19
Solicitation#Q2009115/SVC-FIREVEH/0910/2
o Workers Compensation — Insurance covering all employees meeting Statutory Limits in compliance with
the applicable state and federal laws. The coverage must include Employers' Liability with a minimum of
$100,000.00 for each accident.
o DEDUCTIBLE REQUIREMENTS: In no instance shall a deductible for any individual insurance
policy exceed 10%of the per occurrence amount.
In the event the insurance coverage expires prior to the completion of the contract, a renewal certificate shall be issued
thirty(30) days orior to said expiration date. The policy shall provide a thirty (30) day notification clause in the event
of cancellation or modification to the policy.
ARTICLE 12. -CONTRACTOR'S REPRESENTATIONS
A. In order to induce City to enter into this Agreement, CONTRACTOR makes the following representations and
assurances:
1. CONTRACTOR employees providing services shall possess and maintain a current"EMERGENCY VEHICLE
TECHNICIAN"certificates and shall be specific to the apparatus systems being serviced. Employee Certifications
shall remain current through the term of the Agreement.
2. CONTRACTOR shall hold and maintain current Charlotte County Business Tax Receipt for the term of this
Agreement. CONTRACTOR shall hold and maintain current City of Punta Gorda Business Tax Receipt for the term
of this contract IF their business if physically located within the city limits.
3. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work,
Locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in
any manner may affect cost, progress or performance of the Work.
4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests,
reports, and data with the terms and conditions of the Contract Documents.
5. CONTRACTOR has given REPRESENTATIVE written notice of all conflicts, errors or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by REPRESENTATIVE is acceptable
to CONTRACTOR.
6. SUBCONTRACTORS:
a. CONTRACTOR shall be fully responsible for the actions of their Subcontractors. Therefore, should a
Subcontractor perform work outside of the awarded scope of work they do so at the CONTRACTOR's
expense and risk not being compensated by the City for performing unauthorized work.
b. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular
subcontractor and to inspect all facilities of any subcontractor in addition to checking of prior
performance of like or similar work as delineated in part or whole as pertinent to this contract.
7. Equal Employment Opportunity Clause. CONTRACTOR shall be in compliance with Executive Order 11426
Equal Opportunity as amended by Executive Order 11375, and as supplemented by the Department of Labor
Regulations as applicable.
8. Contract Work Hours/Safety Standards Act. CONTRACTOR shall be in compliance with provisions of
Section 103 and Section 107 of Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) and as
supplemented by the Department of Labor Regulations (Part V, 28CFR).
9. SAFETY COMPLIANCE. It shall be the CONTRACTOR'S sole responsibility to comply with all Local, State
and Federal rules and regulations while performing work for the City. These regulations include, but are not
limited to: Confined Space, Lock-out/Tag-out, Hazard Communications, Personal Protective Equipment,
Excavation Safety, Respiratory Protection, and Hot Work Permits.
10. Competent Personnel. CONTRACTOR warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in this scope of work.
Agreement Page 7 of 19
Sobatabon#Q2009115/SVC-FIREVEH/0910/2
ARTICLE 13.—INDEMNIFICATION / LIMITS OF LIABILITY
A. INDEMNIFICATION The CONTRACTOR shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the CITY and Customers, and their officers, agents,
and employees, from suits, actions, damages, and costs of every name and description, including attorneys'fees, arising
from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by CONTRACTOR, its agents, employees, partners, or subcontractors, provided, however, that the CONTRACTOR
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the
CITY or a Customer.
Further, the CONTRACTOR shall fully indemnify, defend, and hold harmless the CITY and Customers from any suits,
actions, damages, and costs of every name and description, including attorneys'fees, arising from or relating to violation
or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the
foregoing obligation shall not apply to a Customer's misuse or modification or CONTRACTOR's products or a Customer's
operation or use of CONTRACTOR's products in a manner not contemplated by the Agreement or the purchase order. If
any product is the subject of an infringement suit or in the Contractor's opinion is likely to become the subject of such a
suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify
it to become non-infringing. If the CONTRACTOR is not reasonably able to modify or otherwise secure the Customer the
right to continue using the product, the CONTRACTOR shall remove the product and refund the Customer the amounts
paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties.
The CONTRACTOR's obligations under the preceding two paragraphs with respect to any legal action are contingent upon
the CITY or Customer giving the CONTRACTOR (1) written notice of any action or threatened action, (2) the opportunity
to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action
at CONTRACTOR's sole expense. The CONTRACTOR shall not be liable for any cost, expense, or compromise incurred or
made by the City or Customer in any legal action without the CONTRACTOR's prior written consent, which shall not be
unreasonably withheld.
B. LIMITATION OF LIABILITY. For all claims against the Contractor under any individual purchase order, and
regardless of the basis on which the claim is made, the Contractor's liability under this Agreement for direct damages
shall be limited to the greater of$25,000, or the dollar amount of the purchase order, or two times the charges rendered
by the Contractor under this Agreement. This limitation shall not apply to claims arising under the Indemnity paragraph
contained in this agreement.
Unless otherwise specifically enumerated in the Agreement or in the purchase order, no party shall be liable to another
for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order
requires the CONTRACTOR to back-up data or records), even if the party has been advised that such damages are
possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The CITY and
Customer may, in addition to other remedies available to them at law or equity and upon notice to the CONTRACTOR,
retain such monies from amounts due the CONTRACTOR as may be necessary to satisfy any claim for damages,
penalties, costs and the like asserted by or against them. The CITY may set off any liability or other obligation of the
CONTRACTOR or its affiliates to the CITY against any payments due the CONTRACTOR under any contract with the CITY.
ARTICLE 14. ADMINISTRATIVE FEE TO CITY
A. The CONTRACTOR shall compensate the CITY in an amount equal to two percent(2%)for all services and
purchases made by Entities authorized to Piggy-Back the Agreement during the Agreement term (Participating
Addendum—Exhibit B).This administrative shall not be charged back to the piggy-backing Entities.
B. The CONTRACTOR shall provide semi-annual spending and volume reports to the CITY's Procurement Division for
all Entities purchasing from the Agreement. Semi-annual report dates are defined as: THIS WILL DEPEND ON
CONTRACT DATES. All reports shall be delivered to the City's Procurement Division no later than the 15th day of
the following month. The format of the reports may be either in hardcopy and/or in a Microsoft Excel file.
C. The CONTRACTOR shall make annual payments for the Administrative Fee to the CITY. The payment will be
based on the period of WILL DEPEND ON CONTRACT DATES for each contract year or a portion thereof.
Payments shall be received by the CITY no later than WILL DEPEND ON CONTRACT DATES.The annual
payments shall be based on the Semi-Annual reports for the Piggy-Backing entities. The compensation shall be in
a form of a business or certified check and made payable to the City of Punta Gorda. CONTRACTOR shall deliver
the check to the attention of the CITY'S Procurement Manager.
Agreement Page 8 of 19
Solicitation#Q2009115/SAC-FIREVEH/0910/2
ARTICLE 15. - MISCELLANEOUS
A. AUDIT DISALLOWANCES. If at any time the CITY determines that a cost for which payment has been made is a
disallowed cost, such as overpayment, CITY shall notify the CONTRACTOR in writing of the disallowance. CITY shall also
state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the
CONTRACTOR by the amount of the disallowance, or to require repayment of the disallowed amount by the
CONTRACTOR.
B. SUBSTITUTIONS. In the event the CONTRACTOR, due to manufacturer or supplier discontinuing specified parts,
is unable to secure sufficient supplies to fulfill all orders, the CONTRACTOR will be allowed to substitute an item of equal
or better quality provided:
1. The product is sold at the contract price;
2. The CITY is contacted in writing in advance of the substitution;
3. The City retains the right to determine"equal or better quality"; and
4. The CITY gives written approval of substitution.
If the Contractor is unable to fulfill all obligations in accordance with these terms and conditions, the City may acquire the
product in the open marketplace with any cost increase being the responsibility of the Contractor.
C. Material Safety Data Sheet, MSDS. In compliance with Chapter 442, Florida State Statutes, manufacturers and
distributors shall supply the City with a MATERIAL SAFETY DATA SHEET(MSDS), for any and all commodities contained in
this solicitation that include a toxic substance as listed on the Florida Substance List. Contractor shall include MSDS's with
shipments.
D. No assignment by a party hereto of any rights under or interests in the Agreement Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without limitations,
moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in written consent
to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the
Agreement Documents.
E. JURISDICTION AND VENUE. This Agreement shall be construed in accordance with the laws of the State of
Florida, and the parties hereto agree that venue shall be in Charlotte County, Florida.
F. ATTORNEYS FEES. In the event of any dispute arising under this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, costs and expenses.
G. CITY and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns and legal
representatives to the other party hereto, his/her partners successors, assigns and legal representatives in respect to all
covenants, agreements and obligations contained in the Agreement Documents. No assignment by a party hereto of any
rights under or interests in the Agreement Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically but without limitations, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Agreement Documents.
H. The CITY and the CONTRACTOR agree that this Agreement sets forth the entire Agreement between the parties,
and that there are no promises or understandings other than those stated herein. None of the previous terms and
conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written
instrument executed in full concurrence by the parties thereto.
Agreement Page 9 of 19
Solicitation#Q2009115/SVC-FIREVEH/0910/2
IN WITNESS WHEREOF, the parties hereto have signed this Agreement In triplicate. One c-unterpart each has been
delivered to CITY, CONTRACTOR and PROCUREMENT OFFICE. M portions of the Agree ent Documents have been
signed or identified by CONTRACTOR and CITY or by REPRESENTATIVE on their behalf.
CITY OF PUNTA GORDA CONTRACTOR: HALL- ARK FIRE APPARATUS
SIGNATURE �" SIGNATURE: // , /
• -nen H. Pace, Procurement Mgr Print Name W/GI/A-ril 1..i AL str\_
ATTEST: �/` "i1ATTEST S/z{ j• Cp 4jJ
Address for giving notices: Address for giving notices:
326 W. Marion Avenue 3431 NW 27th Avenue
Punta Gorda, FL 33950 Ocala, FL 34475 ==;v: � SUE S.c0'.4 W
:•. f!- :�; Commission;)0 673714
=a- ■ Expires June 16 ',011
R„4; 6ondGdhMurmp.5, rt.aaN10-3B6•r019
Agreement Page 10 of 18
Solicitation#Q2009115/SVC-FIREVEH/0910/2
CONTRACT - FIRE VEHICLE MAINTENANCE/REPAIRS
AGREEMENT #Q2009115/EQ-FIREVEH0910/2
INITIAL PERIOD ® RENEWAL PERIOD ❑ EXTENSION El
CONTRACT PERIOD: 6/1/2010 THRU 5/31/2013
PRICES EFFECTIVE THROUGH: 5/31/2011
AWARDED VENDOR: HALL-MARK FIRE APPARATUS
PRIMARY ORDERING CONTACT INFORMATION: GEORGE SCOTT
EMAIL: gscott@hall-markfire.com
TELEPHONE: 352-629-6305 FAX: 352-629-2018 CELL: 352-572-2575
MAILING ADDRESS: 3431 NW 27th Avenue, Ocala, FL 34475
ALTERNATE ORDERING CONTACT INFORMATION: LISA HEALD
EMAIL: Iheald @hall-markfire.com
TELEPHONE: same FAX: same CELL: 352-266-7348
PRIMARY CONTRACT CONTACT INFORMATION: BILL ALM
EMAIL: balm @hall-markfire.com
TELEPHONE: 352-629-6305 FAX: 352-629-2018 CELL: 352-236-3736
MAILING ADDRESS: same
ALTERNATE CONTRACT CONTACT INFORMATION: MARV LEYDA
EMAIL: mleyda @hall-markfire.com
TELEPHONE: 352-629-6305 FAX: 352-629-2018 CELL: 352-266-5036
PAYMENT TERMS: NET 30
PRICE ADJUSTMENTS:
LABOR RATES, MINIMUM ON-SITE SERVICE REPAIR CHARGE AND TRAVEL RATES - CPI INDEX
PREVENTATIVE MAINTENANCE SERVICES - SHALL NOT EXCEED 5%
EMERGENCY AND NON-EMERGENCY EVENT PRICES STRUCTURE - FIXED FOR TERM OF CONTRACT
RESPONSE TIME:
• Preventative Maintenance Schedule: CONTRACTOR shall provide the CITY with a Preventative Maintenance Schedule
within ten (10) City business days from the award of the Agreement.
• Scheduled Service Notification: Minimum one(1)week notification to City.
• Scheduled services for each vehicle: Within twenty-four(24) hours of beginning service.
• Out of Service Apparatus-"TOP PRIORITY"placement and within twenty-four (24) hours of receiving written notice
from the CITY.
• Emergency Operations Event-CONTRACTOR shall contact the Fire Chief, or designee when a Hurricane Warning has
been issued for Charlotte County. The CONTRACTOR shall contact the CITY within twelve (12) hours of the ALL
CLEAR to access damage and required repairs to the vehicles. The CONTRACTOR shall be required to be on-site to
inspect the vehicles within twenty-four(24) hours of initial post-event contact.
ExhibitA to Agreement Q2009115A Page 11 of 19
1. SCOPE OF SERVICES
a) SERVICE LOCATION
(1) Contractor shall be required to perform maintenance services and repair services at designated City
locations.
(2) In the event a service or repair cannot be performed at a City location,the Contractor shall be required
to provide and arrange all transportation of equipment. The cost for transportation, excluding warranty
repair services, shall be shared between the City and the Contractor.
b) SCHEDULING AND RESPONSE TIME REQUIREMENTS
(1) Preventative Maintenance Schedule: Contractor shall provide the City with a Preventative Maintenance
Schedule within ten (10)City business days from the award of the Agreement.
(2) Scheduled Service Notification: Contractor shall provide the City with a minimum one(1)week
notification for scheduled services.
(3) Scheduled Services Response Time: Contractor shall complete the scheduled services for each vehicle
within twenty-four(24) hours of beginning service.
(4) Out of Service Apparatus—Contractor shall place the vehicle on"TOP PRIORITY"and repairs will begin
within twenty-four(24) hours of receiving notice from the City.
(5) Should emergency service be required beyond the standard contract hours and is requested by the City,
the City shall compensate the Offeror at the contracted overtime rate.
(6) Emergency Event—In the event the City is placed in an Emergency Event status(i.e. hurricane, flood,
etc) the Contractor shall contact the City within twelve (12) hours of the ALL CLEAR to access damage
and required repairs to the vehicles. Communication may initially be verbal; however, in order to provide
proper assessment the Contractor shall be required to be on-site to inspect the vehicles within twenty-
four hours of initial contact.
(7) Response timeframes shall begin at the time the City first notified the Contractor by email or fax.
c) PREVENTATIVE MAINTENANCE SERVICES
(1) The following inspection and service shall be performed semi-annually:
(a) Oil and Filter Change
(b) Change fuel filter
(c) Inspection of Fire Engine to include:
(i) All electrical components;
(ii) Pump Test;
(iii) Engine; and
(iv)Transmission
(2) The following service shall be performed annually:
(a) Two-hour NFPA compliant performance pump test with Certification.
(3) Prices proposed for the semi-annual and annual services shall include all labor, materials, parts,
equipment,fluids, and any other incidentals that may be required to complete the scope of service. Items
excluded are strobe or mercury vapor lights.
(4) A service report and an Annual Performance Certificate shall be supplied to the City after service or
annual performance pump test is performed. The report shall include all points of inspection as well as
anything that the service technician repairs or recommends to be repaired.
(5) Refer to the attached checklist(Attachment A) for all services to be provided for each maintenance
service.
ExhibitA to Agreement Q2009115A Page 12 of 19
(6) OPTIONAL TRANSMISSION SERVICE—The Contractor shall advise the City when transmission services is
required. Approval from the City is required prior to proceeding with optional service.
d) REPAIR SERVICES
(1) The Contractor shall be required to provide repair services as approved by the City.
(a) A written estimate for labor and parts shall be furnished to the City prior to beginning work. Work
shall not commence until the Offeror has received approval from the City in writing.
(2) The Contractor shall indicate their applicable repair cost, minimum service fee and cost for replacement
parts in the Bid Line Item section of the on-line Bid Request.
(3) Out of Service Apparatus: It will be the City's option to waive the written estimate requirement.
Examples of"Out of Service Apparatus"are: Pump does not work; Truck inoperable; and/or Apparatus is
at risk of further damage.
e) EMERGENCY OPERATIONS SUPPORT
i) The Contractor shall be responsible for providing service and repairs after an emergency event such as a
hurricane.
ii) Contractor shall be responsible to begin repairs upon approval by the City. Repairs not performed due to lack
of parts shall be completed immediately upon the Contractor's receipt of the parts.
iii) Compensation for services shall be based on the Emergency Operations — Standard Contract Hours and
Emergency — After hours/Emergency Contract Hours rates, and the applicable discount from retail or
manufacturer's price list.
f) PARTS
i) Parts furnished under the contract shall be the latest improved parts in current production, as offered to
commercial trade, shall be of quality material and shall equal that of original manufacturer parts. Used,
shopworn, demonstrator, prototype, reconditioned or discontinued parts or materials are not acceptable. The
warranty period for vendor provided materials shall be for a period of one year after acceptance of work or
within the manufacturer's warranty, whichever is greater. The warranty period shall commence upon date of
acceptance by the City. Vendor shall provide the City Representative with all manufacturers'warranty
documents.
ii) Hazardous Materials: The vendor shall properly dispose of all hazardous materials inclusive of, but not limited
to, used/contaminated fuels, lubricants and filters, in accordance with Federal, State, and local laws and
ordinances.
iii) The City will not compensate the Offeror for surcharges,taxes or hazardous material disposal fees.
g) EQUIPMENT LISTING
i) One each—2004 E-1 Quint Aerial Trucks
ii) Two each—2003 E-1 Typhoon Custom Pumpers
iii) One each— 1997 Pierce Saber Custom Pumper
h) PEFORMANCE OF SERVICES
i) The Contractor shall direct their technicians that they will be required to check in and out of City facilities with
the stated City Representative or their designee. They are to advise the City Representative or designee of
their arrival. Upon leaving the facility, the technician shall provide the City Representative or designee with a
work order detailing the explanation of the problem and corrective action taken or repairs made.
n) Any unsafe conditions that may be a safety hazard or a detriment to the continued operation of any system
shall be reported immediately to the location City Representative, or the designee.
ExhibitA to Agreement Q2009115A Page 13 of 19
iii) All Contractor employees shall wear identifying shirts or badges stating their name and the name of the
company.
i) PERFORMANCE REQUIREMENTS
i) It is the objective of the City to receive service performance in accordance with the terms of the
specifications and requirements and at the quality of standards of work set forth in this Agreement. To this
end, the City is contracting for the complete performance of services identified in the specifications and
schedules.
(a) Performance Deficiencies are deficiencies in the Contractor's performance, which are defined as but
not limited to:
(i) Failure to perform all requirement PM service tasks;
(ii) Failure to perform quality services;
(iii) Labor performed by unknowledgeable or improperly trained staff;
(iv) Failure to install new parts/components or install them in new working order; or
(v) Installation of used or inferior parts and/or components.
(b) Schedule Deficiencies are defined as the Contractor's failure to follow the agreed upon response time
or PM services schedules.
(c) The City will take into consideration inclement conditions during the period for performing work.
However, the Contractor shall be responsible to contact the City Representative and provide a log
documenting the dates and times of inclement conditions justifying reasons for not completing the
work within the designated schedule.
j) DEFICIENCY REPORTING/RECTIFICATION PROCESS:
i) The City will fax a deficiency report to the designated supervisor the day the deficiency is reported.
ii) Performance deficiencies reported by the City shall be rectified within three (3) calendar days or less from
date and time the notice was sent via facsimile from the City Representative.
iii) Schedule deficiencies reported by the City shall be rectified as directed by the City Representative. Failure by
the Contractor to comply with the authorized rectification period shall result in additional deductions for non-
performance.
iv) Contractor shall be required to fax the notice to the City Representative indicating the deficiency has been
rectified. The City will inspect and if the deficiency was rectified to the City's satisfaction and in accordance
with the contract requirements the following will govern the resolution of the deficiency:
v) Deficiency Rectification - Deficiencies shall be rectified within three (3) days or less from date and time the
notice was sent via facsimile or emailed from the City Representative or as directed by the City
Representative for schedule deficiencies. However, failure to rectify the deficiency within timeframe
designated by the City shall result in an additional deduction from the invoice.
vi) LIQUIDATED DAMAGES — In the event the Contractor, for any reason whatsoever, fails to perform work in
accordance with the specifications and schedules, the City reserves the right to make deductions from the
Contractor's invoices. Deduction schedule for deficiencies will be made, but not as a penalty, in accordance
this Solicitation Document's Agreement section.
Exhibit to Agreement Q2009115A Page 14 of 19
PRICE SCHEDULE
ITEM DESCRIPTION UOM PREFERRED FLEET RETAIL
FLEET
SEMI-ANNUAL MAINTENANCE RATES-IN
ACCORDANCE W1TH THE SCOPE OF SERVICE. UNIT PRICES UNIT PRICES UNIT PRICES
INCLUDES ALL PARTS, MATERIALS AND FLUIDS TO
COMPLETE SERVICE.
1. SEMI-ANNUAL PM SERVICE- EACH $850.00 $900.00 $950.00
CUSTOM PUMPERS
2. SEMI-ANNUAL PM SERVICE- EACH $700.00 $750.00 $800.00
COMMERCIAL PUMPERS
3. SEMI-ANNUAL PM SERVICE- EACH $400.00 $450.00 $450.00
RESCUE VEHICLES
4. SEMI-ANNUAL PM SERVICE- EACH $350.00 $400.00 $450.00
AMBULANCE
5. SEMI-ANNUAL PM SERVICE- EACH $950.00 $1,000.00 $1,050.00
, AERIAL
ANNUAL MAINTENANCE RATES-INCLUDES ALL SEMI ANNUAL SERVICES AND A 2 HR NFPA COMPLIANT
PERFORMANCE PUMP TEST WITH CERTIFICATION
6. ANNUAL PM SERVICE-CUSTOM EACH $850.00 $900.00 $950.00
PUMPERS
7. ANNUAL PM SERVICE- EACH $700.00 $750.00 $800.00
COMMERCIAL PUMPERS
8. ANNUAL PM SERVICE-AERIAL $1700.00 $1,800.00 $1,950.00
TRANSMISSION SERVICE - INCLUDES ALL PARTS MATERIALS AND FLUIDS TO COMPLETE SERVICE.
9. TRANSMISSION SERVICE EACH 1 $350.00 $375.00 $400.00
W/DEXRON III FLUID
10. TRANSMISSION SERVICE EACH $550.00 $575.00 $600.00
W/TRANSYND SYNTHETIC FLUID
TRAVEL RATES-THESE RATES SHALL APPLY ONLY IF THE CITY DOES NOT COORINATE REQUIRED
REPAIRS WITH OTHER GOVT ENTITIES SERVICES.
11. STANDARD CONTRACT HOURS- PER $390.00 $605.00 $693.00
Minimum ON-SITE Service Repair INCIDENT Includes 1 hour Includes 1 hour Includes 1 hour
Charge -THIS CHARGE APPLIES TRUCK TRUCK DOWN REPAIRS labor on-site and 6 labor on-site and 6 labor on-site and 6
(EMERGENCIES) -IMMEDIATE hours travel hours travel hours travel
SERVICE AND TRAVEL FROM AND
TO OCALA* Only one(1)fee per
repair service regardless of the
number of personnel.
12. AFTER-HOURS/EMERGENCY PER $665.00 $705.00 $745.00
CONTRACT HOURS- Minimum ON- INCIDENT Includes 1 hour Includes 1 hour Includes 1 hour
SITE Service Repair Charge-THIS
CHARGE APPLIES S FOR TRUCK labor on-site and 6 labor on-site and 6 labor on-site and 6
DOWN REPAIRS (EMERGENCIES) - hours travel hours travel hours travel
IMMEDIATE SERVICE AND TRAVEL
FROM AND TO OCALA* Only one(1)
fee per repair service regardless of
the number of personnel. (Unit price
shall be per incident)
13. STANDARD CONTRACT HOURS- PER Maintenance Contract $95.00/HR LABOR
TRAVEL RATES FROM LOCATIONS HOUR Customers-Tech $99 00/HR LABOR&
OTHER THAN OCALA* -THIS Labor$90.00/hr& TECHNICIAN CHNICIAN $99.ICIAN
CHARGE APPLIES FOR TRUCK TECHNICIAN TECHNICIAN
DOWN REPAIRS (EMERGENCIES) - $50.00/hr Tech Travel TRAVEL TRAVEL
IMMEDIATE SERVICE. The hourly Repair Only Customers
rates shall apply for one way travel -Tech Labor
from Hall-Mark technician location $90.00/hr&
to service location $80.00/hr Tech Travel
ExhibitA to Agreement Q2009115A Page 15 of 19
ITEM DESCRIPTION UOM PREFERRED FLEET RETAIL
FLEET
14. AFTER HOURS/HOLIDAY CONTRACT PER Tech Labor $135.00/HR& $145.00/HR&
HOURS-TRAVEL RATES FROM HOUR $125.00/hr $95.00/HR $100/HR
LOCATIONS OTHER THAN OCALA* TECHNICIAN TECHNICIAN
THIS CHARGE APPLIES FOR TRUCK
DOWN REPAIRS (EMERGENCIES) - $90.00/hr Tech TRAVEL TRAVEL
IMMEDIATE SERVICE. The hourly Travel
rates shall apply for one way travel
from Hall-Mark technician location
to service location.
LABOR RATES
15. STANDARD CONTRACT HOURS- PER $90.00/Maximum $95.00/Maximum $99.00/Maximum
Labor Rate per Person HOUR per hour per hour per hour
NOTE: Hourly rate is negotiable
depending on the time required to
complete a service request
16. AFTER-HURS/EMERGENCY PER $125.00 $135.00 $145.00
CONTRACT HOURS- Labor Rate per HOUR
Person
17. EMERGENCY OPERATIONS(EOC)- PER $125.00 $135.00 $145.00
STANDARD CONTRACT HOURS - HOUR
Labor Rate per Person
18. EMERGENCY OPERATIONS(EOC)- PER $125.00 $135.00 $145.00
AFTER-HOURS/EMERGENCY HOUR
CONTRACT HOURS- Labor Rate per
Person
ExhibitA to Agreement Q2009115A Page 16 of 19
CHECKLIST FOR PM MAINTENANCE
CITY OF PUNTA GORDA APPARATUS:
DATE: TECHNICIAN:
CHASSIS OK NOT OK—EXPLAIN
1. Change engine crankcase oil and replace oil filter
2 Change fuel filter
3. Check coolant level in radiator
4. Check driveline U-joints and flanges for tightness
5. Check lubrication on all driveline bearings
6. Check the following gauges for proper operation
Ammeter Voltmeter
Tachometer Air Pressure
Water Temp Oil Pressure
Transmission
Temp
7. Check road transmission oil level
8. Check for road transmission oil leaks
Oil Leaks Fuel Leaks
Engine Cooling system leaks
9. Check engine accessory V-belts for condition and tightness
10. Inspect all engine hoses for condition
11. Check fluid level in batteries
12. Check power steering and brake fluid levels(if applicable)
13. Check differential oil level and check for oil leaks
14. Re lace Air Filters Fuel Filters and Water Se arator
FIRE PUMP OK NOT OK—EXPLAIN
1. Check fire pump transmission oil
2. Check for fire pump oil leaks
3. Check all suction and discharge valve threads
4. Check fire pump heat exchanger and cooling lines for proper circulation
and/or leaks
5. Check pump panel lights for condition and proper operation
6. Check operation of vernier throttle
7. Check operation of power pump shift
8. Check operation of manual pump shift
9. Check auto-lube oil level
Changed oil: Yes No
10. Check priming tank oil level
11. Inspect pump packing
12. Inspect pump shaft for wear, where applicable
13. Check rimin valve for ro er o eration
PUMP TEST OK NOT OK—EXPLAIN
1. Vacuum test pump—dry prime at 20"—check for vacuum leaks
2. Hydrostatically test pump. Check pump suction, discharge and drain
valves for leaks
3. Engage pump and operate at 150 psi; maximum rated capacity for 20
minutes
Maintenance Checklist-AttachmentA Page 17 of 19
4. Check speed counter and record R.P.M.
5. Operate pump at 200 psi; pump 70% of maximum rated capacity for 10
minutes
6. Operate pump at 250 psi; pump 50% of maximum rated capacity for 10
minutes
7. Spot check maximum capacity
8. Check indicator lights and gauges on pump panel for proper operation
10. Check operation of tank to .um, valve
PUMP TEST-continued OK NOT OK—EXPLAIN
11. Exercise relief valve and check for proper operation
12. Check operation of EM-governor if applicable
13. Check for any unusual operation or noise in the pump and transmission
14. Check operation of transfer valve on two sta•e 'urn
PTO Pumps OK NOT OK—EXPLAIN
1. Check PTO mounting bolts
2. Check PTO shaft, coupling, or V-belts as required
3. Check drive unit oil if applicable
Maintenance Checklist-AttachmentA Page 18 of 19