2000 Gallon Tanker/PumperPURCHASE OF ONE 2000 GALLON TANKER/PUMPER
AND OPTIONAL PURCHASE OF ADDITIONAL
TANKER/PUMPER FOR
THE BOARD OF GOVERNORS OF THE
LOWER AND MIDDLE KEY FIRE AND AMBULANCE DISTRICT
MONROE COUNTY, FLORIDA
AGREEMENT
'*1
THIS AGREEMENT made and entered into this day orn
A.D., by and between the Board of Governors of the Lower a7AWe �ys Q
Fire and Ambulance District of Monroe County, Floridan .reindter C)
"COUNTY" and Southern Coach, Inc., hereinafter "CONTRACT ..�
WHEREAS: That the parties hereto, for the consideration hereafaa� f
mutually agree as follows: -*ti %� - o
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D M Gil O
1. SCOPE OF THE WORK:
This Agreement is for the purchase of one commercially produced 2,000 Gallon
Tanker/pumper and required 1901 equipment for same hereafter known as fire apparatus and/or
Tanker/pumper and option for an additional similar fire apparatus and required 1901 equipment for same
in fiscal year 1999. The fire apparatus defined in this section shall be in general accord with the current
edition of the national Fire Protection Association pamphlet 1901 for motor fire apparatus, unless
otherwise specified in the specifications. The fire apparatus delivered shall meet the specifications in the
request for bids dated July 29, 1998 which are incorporated into this agreement as Exhibit "A".
2. Material and Standardization
The fire apparatus, chassis, body, equipment, devices, and electronic equipment to be delivered
under this Agreement shall be a standard commercial product which meet or exceed the requirements of
the attached specification. The fire apparatus components and optional items shall be as represented in
the manufacturer's current technical data. The fire apparatus shall comply with all Federal Motor Vehicle
Safety Standards (FMVSS), and Federal regulations applicable or specified for the year of manufacture.
The fire apparatus shall also meet the D.O.T. minimum requirements for roads and bridges on
Monroe County U.S.1
The contractor shall provide total standardization and inter -changeability between vehicles and
like equipment and accessories as specified. Materials used in the construction shall be new and not less
than the quality confirming to current engineering and manufacturing practices. Materials shall be free of
defects and suitable for the service intended.
4. Classification
Fire apparatus type, class. This agreement calls for the following type of fire apparatus:
APPAGREE.DOC
6/24/98
Tanker/pumper, 1250 gallon per minute pump, 2,000 gallon tank.
5. Defmitions
Purchaser: Monroe County, Florida a/k/a the Board of Governors of the lower and Middle keys
Fire and Ambulance District.
Contractor: The individual, firm, partnership, manufacturer or corporation to whom the
bid/contract is awarded by the purchaser and who is subject to the terms thereof. Forbidding purposes,
the Contractor, Vendor and Bidder are synonymous.
Equal: Shall be taken in its general sense and shall not mean identical. These specifications are
for the sole purpose of establishing minimum requirements of level of quality, standards of performance
and design and is in no way intended to prohibit the bidding of any Manufacturer's item of equal
material.
The County shall be the sole judge of equality in its best interests and decision of the County as
to equality shall be final.
7. Contract Sum
The COUNTY agrees to pay for the fire apparatus in the manner as set
forth in the contract documents for the sum of ONE HUNDRED SIXTY
SEVEN THOUSAND, ONE HUNDRED AND EIGHT DOLLARS
($167, 108.00), which includes all of the work described in the attached
specifications. There is also a contingency fee of $1,000.00 included in the
above sum for the Tanker/ Pumper and any other similar
Tanker/Pumper tanker and any portion of the contingency fee not used
shall be deducted from the final invoice to be paid to the CONTRACTOR
within 30 working days after acceptance of the fire apparatus at the
Monroe County Fire -Rescue Office, Marathon, Monroe County, Florida.
Acceptance shall occur after the unit is received, inspected and found to
comply with specifications, free of damage or defect and properly
invoiced.
B. The County shall pay to the contractor for the faithful performance of the
Contract, in lawful money of the United States, based upon the prices shown on
the proposal, a copy of the proposal being part of the Specifications and the
Contract Documents and options, the amount in the sum of $167,108.00
BASE PRICE
Options package
$153,540.00
$ 13,568.00
TOTAL single Tanker/Pumper CONTRACT AMOUNT $167,108.00
APPAGREE. DOC
6/24/98
8. Prices and Payments
a) All contract prices shall be on a F.O.B. Monroe County Fire Rescue Marathon, Florida delivered and
accepted at Monroe County, Florida per specifications and shall include warranty.
b) Payment shall be made in accordance with the specifications and the contract proposal upon
acceptance by the County of the hardware and/or services performed by the contractor.
c) Contract prices shall be valid for at least 120 days for additional similar fire apparatus(s) purchases
from the effective date of the contract, or as otherwise specified herein.
d) Acceptance of the fire apparatus shall occur after the unit is received, inspected and found to comply
with specifications, free of damage or defect and is properly invoiced. All invoices shall bear the
purchase order number. Payment will be made within 30 working days after acceptance of the unit.
e) If the unit cannot be accepted for any reason, within 30 days maximum, of delivery to Monroe
County, the successful contractor may be deemed in default.
f) Any equipment shipped, rather than delivered with the unit, shall be shipped pre -paid and shall bear
the purchase order number on the invoice.
g) Monroe County's performance and obligation to pay under the awarded contract, is
contingent upon an annual appropriation by the governing board.
9. General Provisions
a. The CONTRACTOR agrees to indemnify the COUNTY and hold
the COUNTY harmless from and against all claims, damages, losses and
expenses, including reasonable attorneys' fees in any action arising out of
performance of the work herein, including bodily injury, illness or death,
or for property damage including loss of use, resulting from the
CONTRACTOR'S work.
b. The CONTRACTOR, warrants that it has not employed, retained
or otherwise had act on its behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer of employee.
10. Contract Term
a. This Contract for the purchase of the fire apparatus commences on the
date first written above. Delivery of the apparatus must be within ninety (90)
calendar days after the effective date.
APPAGREE.DOC
6/24/98
b. The CONTRACTOR will not be held liable for delay in delivery caused by
strikes, inability to obtain materials or equipment, production or
manufacturing problems. The CONTRACTOR shall not be liable for any
incidental damages caused by delays in delivery.
11. Contractor's Acceptance Of Conditions
The CONTRACTOR understands all provisions of this Contract and of the
Specifications and agrees to their sufficiency for the work to be done. Under
no circumstances, conditions or situations shall this Contract be more
strongly construed against the COUNTY than against the CONTRACTOR.
12. Partial And Final Payment
a. The CONTRACTOR shall invoice the COUNTY, in accordance with the
pricing and terms as outlined in the contract documents. Invoices shall be
submitted to the Monroe County Fire Rescue Office, 490 63rd Street, Ocean,
Suite 160, Marathon, Florida 33050, for approval and processing.
b. All payments shall be made directly to the CONTRACTOR at the
CONTRACTOR office, Southern Coach, Inc.,
1985 North West 57th Street,
Ocala, Florida, 34475
13. Modifications And Amendments
Any and all modifications of the Apparatus and components, and/or cost the
Apparatus and components to be delivered shall be amended by an Agreement
Amendment, which must be approved by the Board of Governors of the Lower and
Middle Keys Fire and Ambulance District of Monroe County, Florida, and such
modification shall not become effective until approved in writing by the COUNTY.
14. Independent Contractor
At all times and for all purposes hereunder CONTRACTOR is an independent
contractor and not an employee of the Board of Governors of the Lower and Middle
Keys Fire and Ambulance District of Monroe County, Florida. No statement contained
in this Agreement shall be construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees of the Board of Governors
of the Lower and Middle Keys Fire and Ambulance District of Monroe County, Florida,
and they shall be entitled to none of the rights, privileges, or benefits of employees of
Monroe County.
15. Compliance With Law
In providing all services pursuant to this Agreement, the CONTRACTOR shall
abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of such goods, including those now in effect and
APPAGREE. DOC 4
6/24/98
hereinafter adopted. Any violation of said statutes, ordinances, rules or
regulations shall constitute a material breach of this Agreement and shall entitle
the Board of Governors, of the Lower and Middle Keys Fire and Ambulance
District of Monroe County, Florida, to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
16. Subcontractin Assignment
CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest
in this contract without the prior written consent of the COUNTY thereto.
17. Notice -- General
Any notice or notices required or permitted to be given pursuant to this
contract may be personally served on the other party by the party giving
such notice, or may be served by certified mail, return receipt requested, to
the following addresses:
PURCHASER: Fire Rescue Office, 490 63rd Street, Ocean, Suite 160,
Marathon, Florida 33050
CONTRACTOR: Southern Coach, Inc.,
1985 North West 57th Street,
Ocala, Florida, 34475
18. Anti Discrimination
CONTRACTOR agrees they will not discriminate against any of their employees
or applicants for employment or against persons for any other benefit or service,
because of their race, color, religion, sex, or national origin, or physical or mental
handicap where the handicap does not affect the ability of an individual to
perform in a position of employment and to abide by all Federal and State laws
regarding non-discrimination.
19. Non Wavier
Any waiver of any breach of covenants herein contained to be kept and
performed by the CONTRACTOR shall not be deemed or considered as a
continuing waiver and shall not operate to bar or prevent the COUNTY from
declaring a forfeiture for any succeeding breach either of the same conditions or
covenants or otherwise.
20. Contractor -- General
a) The CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities encompassed the program herein described, subject
to the terms and conditions set forth in the Attachments, which are attached
hereto and incorporated herein as part of this Agreement.
APPAGREE. DOC 5
6/24/98
b) Each of the signatories for the CONTRACTOR, below, certifies and warrants
that:
c) The CONTRACTOR'S name in this Agreement is the full name as
designated in its corporate charter, if CONTRACTOR is a corporation; otherwise
CONTRACTOR'S name is the business entity, whether partnership of sole
proprietorship, under which CONTRACTOR normally conducts business.
d) They are empowered to act and contract for the CONTRACTOR, and
e) This Agreement has been approved by the Board of Directors of
CONTRACTOR, if the CONTRACTOR is a corporation.
f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to 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
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
21. Entire Agreement
This Agreement constitutes the entire agreement of the parties hereto with
respect to the subject matter hereof and superseded any and all prior
agreements with respect to such subject matter between CONTRACTOR and the
FIRE RESCUE Office or the COUNTY.
22. Consent To Jurisdiction
This Agreement, its performance, and all disputes arising hereunder, shall be
governed by the laws of the State of Florida, and both parties agree that a proper
venue for any action shall be Monroe County.
23. Conditions Of Termination:
a. The performance of work or provision of goods under this agreement may
be terminated, delayed, or temporarily suspended by the COUNTY, in whole or
in part, from time to time, wherever the COUNTY shall determine that such
termination is in the best interest of the COUNTY. The COUNTY shall pay all
reasonable costs incurred by the CONTRACTOR up to the time of termination,
and all reasonable costs to the CONTRACTOR associated with termination.
b. If the CONTRACTOR fails to fulfill the terms of this agreement, or
attachments, properly or on time, or otherwise violates the provisions of the
agreement or of applicable laws or regulations governing the use of funds, the
COUNTY may terminate the contract by written notice of 15 days. The notice
shall specify cause. The COUNTY shall pay the CONTRACTOR fair and
equitable compensation for expenses incurred prior to termination of the
APPAGREE.DOC 6
6/24/98
agreement, less any amount of damages caused by the CONTRACTOR'S
breach. If the damages are more than compensation payable, the
CONTRACTOR will remain liable after termination and the COUNTY can
affirmatively collect damages.
24. Inspection and corrections
The COUNTY shall have the right to inspect the fire apparatus at the factory and
at the time and place of delivery. Time limited on acceptance and discrepancy
correction shall be as stated in the attached Specification 2.14. In the event of
any deviations from specifications, the CONTRACTOR shall have the necessary
time to inspect the apparatus and make any necessary changes or corrections.
Nothing in this paragraph shall affect any warranties for the apparatus, patent
and royalty indemnification, or any other obligation of the CONTRACTOR
under this agreement (including the Specifications which are a part hereof)
extending beyond the date of the COUNTY'S acceptance of the fire apparatus.
25. Warrantv
a) The warranties that are stated in the specifications are the only warranties
given under this contract and the CONTRACTOR disclaims all other warranties,
both express and implied, including any implied warranty of merchant ability or
fitness for a particular purpose. The COUNTY'S remedies for breach of
warranty are limited to those set forth in the Specifications. The CONTRACTOR
shall not be liable for incidental or consequential damages resulting from a
breach of any warranty.
b) The contractor shall provide Paint and Corrosion Warranty as per the contractor
provided specifications and attached exceptions to buyer specifications.
APPAGREE. DOC 7
6/24/98
b) If the CONTRACTOR does not warrant the chassis, the COUNTY must look
to the chassis manufacturer for any warranties other than those specifically
called for in Section 2.9 of the specification contract the day and year first above
written.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day
and year first above written
BOARD O OV-ERNORS OF THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE
DISTRIgr QF MON E COU , FL'6RIDA
BY
(SEAL)
`t, TTEST: Danny L. Kolhage, Clerk
CLERK
CORPORATION Southern Coach, Inc
-A
AUTHORIZED REPRESENTATIVE hz�� A
WITNESS
' o Commissioni0Na CC 63131tQ Of 7A <
of now MY Commission Exp. 94/11 /2001
1-800.3-NOTARY - flt Notary Service & Bonding C0-
APPAGREE.DOC
6/24/98
APPROVED AS jo
s ! SOUTHERN COACH, INC. - NEW TRUCK WARRANTY
2 Year Bum er to Bum r
P Pe
Southern Coach Inc. warrants each
� ch new piece of Rescue and Fire Equipment to be free
rrrw �� from defects in material and workmanship under normal use and service for a period of two
=,- years. Our obligation under this warranty is limited to repairing or replacing as the
Company may elect; any part or parts thereof which shall be returned to us with
transportation charges prepaid, and as .to which examination shall disclose to the.
Company's satisfaction to have been defective, provided that such part, or parts, shall be
returned to us not later than 30 days after delivery of such part. Such defective parts will
be repaired or replaced free of charge and without charge of installation to the original
purchaser. Any parts not returned to Southern Coach will be invoiced to the customer.
All water tanks will be warranted as stated herein and may have extended warranty as
explained elsewhere in Southern Coach, Inc. Proposal. Note: All warranty items must
be submitted to Southern Coach Inc. for approval authorization prior to commencement of repairs.
Body Warranty - Rust/Corrosion Perforation - Lifetime
-'€ Body Warranty - Structural Defects - 10 Years/100,000 miles
e
,,,,,• Paint (DuPont lmron) Warranty - 5 Years
Stainless Steel Plumbing Warranty - Lifetime
Pump Warranty 2 Years - 100% p ty -
Tank Warranty - Lifetime
This Warranty will not apply:
1. To normal maintenance service or adjustments.
2. To any vehicle which shall have been repaired or altered outside of our factory in
any way so as, in our judgement, to affect its stability, nor which has been subject
to misuse, negligence, or accident, nor to any vehicle made by us which shall
have been operated at a speed exceeding the factory rated speed, or loaded
beyond the factory rated load capacity.
This warranty is in lieu of all other warranties, expressed or implied, all other
IF representations to the original purchaser and all other obligations or liabilities, including
liability for incidental or consequential damages on the part of the Company. We neither
M.
assure nor authorize any other person to give or assure any other warranty or liability on
the Company's behalf unless made or assumed in writing by the Company.
H
Monroe County
2000 Gallon Tanker Bid
Exceptions to Options
D) Emergency Engine Shutdown:
An emergency engine shutdown is not recommended nor is it available on todays
electronically controlled engines. An electronically controlled engine shutdown is
provided, as standard.
N) Lifetime Corrosion Perforation and 10 Year Paint:
Southern Coach will provide, our standard, our Lifetime Corrosion Perforation
10, and our 5 Year Paint Warranties.
Your basic specifications do not list the following items which are
required to be in compliance with NFPA 1901, 1996 Edition.
Item 1) Auxiliary Brake System
Item 2) Under Truck Lighting
For your convenience, we have added these items to your page 39 option list, as
items "O" and " P".
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