The URL can be used to link to this page

Item I6 I6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting September 11, 2024 Agenda Item Number: I6 2023-2949 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval of a Resolution waiving purchasing policies and procedures and accepting the financing proposal of Leasing 2 Inc. for the lease purchase of an Oshkosh Striker Aircraft Rescue and Firefighting (ARFF) truck under Florida Sheriffs Association contract 23-VEF 17.0 for Key West International Airport; authorizing the execution and delivery of an equipment proposal, a finance proposal, a lease purchase agreement, an addendum to lease contract and an escrow agreement and delegation of authority to certain county officials to execute the aforementioned documents as well as any associated documents upon County Attorney approval. ITEM BACKGROUND: In anticipation of new aircraft fleet mix, the airport's index rating is anticipated to go from a B to C and requires enhanced ARFF capabilities. The new ARFF vehicle will provide the Key West International Airport with the equipment needed to ensure compliance with the vehicle requirements from Federal Aviation Regulation Part 139. The standard is to replace aging ARFF trucks every 10 years. The required ARFF vehicle is available through cooperative purchasing under Florida Sheriffs Association contract 23-VEF 17.0. The Airport's financial advisors Frasca &Associates has reviewed the lease finance proposal and concurs that the financing of the ARFF vehicle is favorable for the Airport. This is based upon the proposed interest cost and the ability to execute the transaction with limited costs and effort. This purchase is being financed over a 9-year term in the amount of$223,767.17 per year from Airport Operating Fund 404. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: •WlA - Fire Truck- Os coshStriker A Truck Purchase -Approving Resolution final - 9-3-24.pdf •WlA - Fire Truck- Striker 6x6 Equipment Proposal Exhibit A.pdf •WlA - Fire Truck- Lease Financing Proposal 8.19.24 Exhibit B.pdf •WlA - Fire Truck- Lease Purchase Agreement vl clean - Exhibit C 9—3—24.docx •WlA - Fire Truck- Escrow Agreement sample - Exhibit D 9—3—24.docx •WlA - Fire Truck- Lease Purchase Agreement Addendum clean - Exhibit E 9—3—24.docx FSA23-VEF17.0---Fire—Rescue—Vehicles—Boats—and Equipment Final pdf FINANCIAL IMPACT: TOTAL COST: $1,590,500.00 plus interest BUDGETED: Yes x No COSTTO COUNTY: none SOURCE OF FUNDS: Airport Operating Fund 404 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA WAIVING PURCHASING POLICY AND PROCEDURES AND ACCEPTING THE PROPOSAL OF LEASING 2, INC. TO PROVIDE THE COUNTY WITH LEASE-PURCHASE FINANCING WITH RESPECT TO ONE OSHKOSH STRIKER 6 BY 6 SNOZZLE R50 ARFF TRUCK FOR KEY WEST INTERNATIONAL AIRPORT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT PROPOSAL; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE FINANCING PROPOSAL; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ADDENDUM TO LEASE CONTRACT AND THE APPOINTMENT OF AN ESCROW AGENT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE ADDENDUM; DELEGATING CERTAIN AUTHORITY TO CERTAIN OFFICIALS OF THE COUNTY; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. FINDINGS AND AUTHORIZATIONS. It is hereby found and determined that: (A) In order to improve and maintain the health, safety and welfare of Monroe County, Florida(the "County") and its citizens and visitors, it is necessary and desirable to acquire one Oshkosh Striker 6 by 6 Snozzle R50 ARFF Truck (the "ARFF Truck") to be used by the Monroe County Airports Department at the Key West International Airport (Airport), as such ARFF Truck is more particularly described in the equipment proposal which is attached hereto as Exhibit A. (B) The Airports financial advisor, Frasca & Associates LLC (the "Financial Advisor"), reviewed the financing proposal and opined that the terms being offered by Leasing 2, Inc. were favorable to the County. (C) In the current environment the cost of purchasing an ARFF vehicle has been increasing dramatically and has resulted, in the period of one year, in an increase of $168,900 for the purchase of the required ARFF Truck. Notwithstanding the increase in the purchase price of the ARFF Truck, the cost of financing has become more favorable with the net result being that the net effective rate to finance the purchase of the ARFF Truck decreased to 4.10% versus 4.85% one year ago. (D) It is in the best interests of the County to lock in the purchase price for the ARFF vehicle before any further increases occur. It is also in the best interests of the County to lock in the favorable, lower interest rate for financing the purchase of the ARFF truck,waive purchasing policy and procedures as to the lease financing and accept the lease financing proposal submitted by Leasing 2, Inc. attached hereto as Exhibit B. (E) The County's payment obligations under the Lease-Financing Agreement shall be repaid solely from legally available Airport revenues of the Airport operating revenues that are budgeted and appropriated on an annual basis in the manner and to the extent provided in the Lease-Purchase Agreement and the payment obligations of the Airport under the Lease-Purchase Agreement shall not constitute a general obligation of the County or a pledge of any of its faith and credit or taxing power. Leasing 2 Inc. shall never have the right to compel the ad valorem taxing power of the County to make any payments under the Lease-Purchase Agreement. SECTION 2. DEFINITIONS. When used in this Resolution, the terms defined in the Line of Credit Agreement shall have the meanings therein stated, except as such definitions may be hereinafter amended and defined. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Resolution. Words importing the singular number include the plural number, and vice versa. SECTION 3. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Constitution of the State of Florida, Chapter 125, Florida Statutes, and other applicable provisions of law. SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the provision of the Lease-Financing Agreement, the provisions of this Resolution shall be a part of the contract of the County with Leasing 2, Inc. and shall be deemed to be and shall constitute a contract between the County and Leasing 2, Inc. The provisions, covenants and agreements herein and in the Lease-Financing Agreement set forth to be performed by or on behalf of the County shall be for the benefit, protection and security of Leasing 2, Inc. SECTION 5. AUTHORIZATION OF THE ARFF TRUCK. The acquisition and equipping of the ARFF Truck and the financing thereof pursuant to the Lease-Financing Agreement are hereby authorized and approved. SECTION 6. ACCEPTANCE OF PROPOSAL. The County hereby accepts the Equipment Proposal of Ten-8 for the ARFF Truck and the Financing Proposal of Leasing 2, Inc. to provide the County with the Lease-Financing Agreement to finance costs of the ARFF Truck. The Mayor, the Executive Director of Airport and/or the County Administrator are each hereby authorized to execute and deliver the Equipment Proposal to Ten-8 and the Finance Proposal to Leasing 2, Inc., all of the terms and provisions of which are hereby approved, and all actions previously taken by officials and employees of the County with respect to the Proposal are hereby ratified and approved. SECTION 7. APPROVAL OF LEASE-PURCHASE AGREEMENT. The terms and provisions of the Lease-Purchase Agreement in substantially the form attached hereto as Exhibit C are hereby approved, with such changes, insertions and additions as the Executive Director of Airports and/or County Administrator, upon the advice of the County Attorney, may approve. The County hereby authorizes the Mayor to execute and deliver, and the Clerk of the Circuit Court and Comptroller in and for the County (the "Clerk") to attest and affix the County seal to, the Lease-Purchase Agreement substantially in the form attached hereto as Exhibit C, with such changes, insertions and additions as may be approved, their execution thereof being evidence of such approval. The Mayor, the Clerk, the County Administrator and each of their designees are each authorized to take such action as is necessary to carry out the rights and obligations of the County under the Lease-Finance Agreement and shall each be considered an "authorized representative" of the County for purposes of the Lease-Finance Agreement. SECTION 8. APPROVAL OF ESCROW AGREEMENT. The terms and provisions of the Escrow Agreement in substantially the form attached hereto as Exhibit D are hereby approved, with such changes, insertions and additions as the Executive Director of Airports and/or County Administrator, upon the advice of the County Attorney, the County's Bond Counsel and the Financial Advisor, may approve. The County hereby authorizes the Mayor to execute and deliver, and the Clerk to attest and affix the County seal to, the Escrow Agreement substantially in the form attached hereto as Exhibit D, with such changes, insertions and additions as may be approved, their execution thereof being evidence of such approval. Zions Bancorporation, National Association is appointed as the initial escrow agent under the Escrow Agreement. The Mayor, the Clerk, the County Administrator and each of their designees are each authorized to take such action as is necessary to carry out the rights and obligations of the County under the Escrow Agreement and shall each be considered an "authorized representative" of the County for purposes of the Escrow Agreement. The Clerk shall approve all disbursements from the escrow account. SECTION 9. APPROVAL OF ADDENDUM TO LEASE CONTRACT. The terms and provisions of the Addendum Lease Contract (the "Lease Addendum") in substantially the form attached hereto as Exhibit E are hereby approved,with such changes, insertions and additions as the Executive Director of Airports and/or County Administrator, upon the advice of the County Attorney, the County's Bond Counsel and the Financial Advisor, may approve. The County hereby authorizes the Mayor to execute and deliver, and the Clerk to attest and affix the County seal to, the Lease Addendum substantially in the form attached hereto as Exhibit E, with such changes, insertions and additions as may be approved, their execution thereof being evidence of such approval. The Mayor, the Clerk, the County Administrator and each of their designees are each authorized to take such action as is necessary to carry out the rights and obligations of the County under the Lease Addendum and shall each be considered an "authorized representative" of the County for purposes of the Aircraft Addendum. SECTION 10. LIMITED OBLIGATION. The obligation of the County to make lease payments under the Lease-Finance Agreement is a limited and special obligation of the County payable from legally available revenues budgeted and appropriated in the manner and to the extent set forth in the Lease-Finance Agreement and shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County, including but not limited to the ARFF Truck. Leasing 2, Inc. shall never have the right to compel the ad valorem taxing power of the County to make any payments under the Lease-Finance Agreement. The lease does not constitute a debt or bond but is a year-to-year lease subject to annual appropriation by the Board. SECTION 11. GENERAL AUTHORIZATION. The Mayor, the Clerk and the County Administrator are authorized to execute and deliver such documents, instruments and contracts, whether or not expressly contemplated hereby, and the County Attorney, Bond Counsel, the Financial Advisor and other employees or agents of the County are hereby authorized and directed to do all acts and things required hereby or thereby as may be necessary for the full, punctual and complete performance of all the terms, covenants, provisions and agreements herein and therein contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 11th day of September 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice BOARD OF COUNTY COMMISSIONERS (Seal) OF MONROE COUNTY, FLORIDA Attest: Kevin Madok, Clerk By: By: As Deputy Clerk Mayor Holly Merrill Raschein EXHIBIT A =rvm=8 Equipment Proposal Proposal# 7736 IN SI=':RVIt'E TO SI*.ItVE (AJ This Equipment Proposal (the "Proposal")has been prepared by Ten-8 Fire & Safety, LLC ("Company") in response to the undersigned Customer's request for a proposal. This Proposal is comprised of the special terms set forth below,the Proposal Option List,Warranty,and Company's Purchasing Terms and Conditions. Through its signature below or other Acceptance(as defined below),Customer acknowledges having received,read and being bound by this Proposal,all attachments and Company's Purchasing Terms and Conditions. Date:August 19,2024 Customer:Monroe County Fire Rescue/Key West Airport Customer Address: 490 63`'a St.Ocean Marathon,FL 33050 Qty Product Description&Options Price 1 Oshkosh Striker 6x6 Snozzle R50 ARFF Truck Price based on FSA Consortium Contract 23-VEF 17.0 Class 5 3.5 $1,231,930.00 Added options to FSA base spec including FAA required training and truck delivery. $358,570.00 Vehicle option list attached to the end of this proposal. Total: $1,590,500.00 **Pricing is subject to change as follows: (a) Commercial chassis price is an estimate;final chassis price will be determined when chassis is delivered by the manufacturer to the original equipment manufacturer("OEM").The OEM will notify Company of its final price,and Company will notify Customer of the final price. (b) Persistent Inflationary Environment:If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID:WPUID6112]("PPI")has increased at a compounded annual growth rate of 5.0% or more between the month the OEM accepts this order("Order Month")and a month 14 months prior to the then predicted"ready for pick up"date("Evaluation Month"),then Company may update the pricing in an amount equal to the increase in PPI over 5.0%in each year or fractional year between the Order Month and the Evaluation Month.Company will document any such updated price for Customer's approval, and Company will provide to Customer the option to cancel this Order for 45 days if Customer does not accept the updated price.If Customer accepts or fails to respond within such 45 day period,Customer will be obligated to complete the Product purchase at the updated Total price. Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built by and shipped from the manufacturer approximately 26 (months) after Company receives Customer's acceptance of this Proposal as defined below, subject to market and production conditions, Force Majeure, delays from the chassis manufacturer, changes to Order Specifications, or any other circumstances or cause beyond Company's or manufacturer's control. Other: Unless accepted within 40 days from date of proposal,the right is reserved to withdraw this proposal. Order continues on immediately following page. ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY AND CUSTOMER. "ACCEPTANCE" MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSALSIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER'S GOVERNING BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS PROPOSAL AND COMPANY'S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER'S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME,ARE HEREBY REJECTED. INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be executed by their duly authorized representatives as of date of the last signature below. Customer: Ten-8 Fire&Safety,LLC By: By: �* Title: Title: Authorized Sales Representative Print: Print: Jeff Calcutt Date: Date: 8/18/2024 �;R FACE COUNTY'ATT F EY A�°ROVE FORM PEO 0 dw A AS SI T� U ATTORNEY Cate 8/29/24 PURCHASING TERMS AND CONDITIONS These Purchasing Terms and Conditions,together with the Equipment Proposal and all attachments(collectively,the "Agreement") are entered into by and between Ten-8 Fire & Safety, LLC, a Florida company ("Company") and Customer(as defined in Ten-8 Fire & Safety LLC's Equipment Proposal document) and is effective as of the date specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred throughout this document individually as a"party"or collectively as the"parties." 1. Definitions. a. "Acceptance"has the same meaning set forth in Company's Equipment Proposal. b. "Company's Equipment Proposal"means the Equipment Proposal provided by Company and prepared in response to Customer's request for proposal for a fire apparatus or associated equipment. c. "Cooperative Purchasing Contract" means an Agreement between Company and a public authority, including without limitation, a department, division, agency of a municipal, county or state government ("Public Authority"),that adopts or participates in an existing agreement between Company and another non- party customer(including,but not limited to such non-party customer's equipment proposal, its applicable exhibits,attachments and purchasing terms and conditions),often referred to as a"piggyback arrangement," which is expressly agreed to,in writing,by Company. Company has sole discretion to determine whether it will agree to such a Cooperative Purchasing Contract. d. "Delivery"means when Company delivers physical possession of the Product to Customer. e. "Manufacturer"means the Manufacturer of any Product. f. "Prepayment Discount" means the prepayment discounts, if any, specified in Company's Equipment Proposal. g. "Product"means the fire apparatus and any associated equipment manufactured or furnished for Customer by Company pursuant to the Specifications. h. "Purchase Price"means the Total price set forth in the Quotation, after applicable pricing adjustments set forth in the Quotation. i. "Purchasing Terms and Conditions" means these Purchasing Terms and Conditions; however, if the Company's Equipment Proposal or the Customer's related Purchase Order states that it is governed by a Cooperative Purchasing Agreement, "Purchasing Terms and Conditions" shall mean those terms and conditions set forth in the applicable Cooperative Purchasing Agreement. j. "Specifications" means the general specifications, technical specifications, training, and testing requirements for the Product contained in Company's Equipment Proposal and its Exhibit A(Proposal Option List),prepared in response to Customer's request for such a proposal. 2. Purpose. This Agreement sets forth the terms and conditions of Company's sale of the Product to Customer. 3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defined in Company's Equipment Proposal("Effective Date")and,unless earlier terminated pursuant to the terms of this Agreement,it will terminate upon Delivery and payment in full of the Purchase Price. 4. Purchase and Pam. Customer agrees to pay Company the Purchase Price for the Product(s). The Purchase Price is in U.S.dollars. Where Customer opts for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company,Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to receive the Prepayment Discount for that prepayment installment. To the extent permitted by applicable law, Company may in its sole discretion charge a convenience fee if Customer elects to pay the Purchase Price by means of a credit card. 5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable, Customer's charter, ordinances and other governing documents, and funding for the purchase has been duly budgeted and appropriated. 6. Cancellation/Termination. In the event this Agreement is cancelled or terminated by Customer before completion, Company may charge Customer a cancellation fee. The following charge schedule is based on costs incurred by Manufacturer and Company for the Product, which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order for the Product(s)is accepted and entered into Manufacturer's system by Company; (b)22%of the Purchase Price after completion of approval drawings by Customer,and; (c)32%of the Purchase Price upon any material requisition made by the Manufacturer for the Product.The cancellation fee will increase in excess of(c)in this Section 6,accordingly,as additional costs are incurred by Manufacturer and Company as the order progresses through engineering and into the manufacturing process. 7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment Proposal ("Delivery Timing"), which will be F.O.B. Company's facility. The Delivery Timing is an estimate, and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees, affiliates, suppliers, contractors, and carriers. All right,title and interest in and to the Product, and risk of loss, shall pass to Customer upon Delivery of the Product(s)to Customer. 8. Standard Warranty.The manufacturer warranties applicable to this Agreement,if any,are attached to Company's Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement. a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER ORAL OR WRITTEN,EXPRESS,IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION(WHETHER IN CONTRACT,TORT, STRICT LIABILITY,EQUITY OR ANY OTHER THEORY OF LAW)ON WHICH SUCH DAMAGES ARE BASED. COMPANY'S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT. 10. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Company's control or which make Company's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, transportation or delivery delays or losses outside of Company's control, any act of government, inability or delay of Company or manufacture in obtaining necessary labor or adequate or suitable manufacturing components at reasonable prices, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, terrorism, epidemics, quarantine restrictions, failure of vendors to perform their contracts or labor troubles of Company or a manufacturer causing cessation,slowdown,or interruption of work. 11. Customer's Obligations. Customer shall provide its timely and best efforts to cooperate with Company and Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation includes,without limitation,Customer's providing timely information in response to a request from Manufacturer or Company and Customer's participation in traveling to Manufacturer's facility for inspections and approval of the Product. 12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) Customer's failure to pay any amounts due under this Agreement or Customer's failure to perform any of its obligations under this Agreement; (b)Company's failure to perform any of its obligations under this Agreement; (c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement,which is false in any material respect; (e)an action by Customer to dissolve,merge,consolidate or transfer a substantial portion of its property to another entity;or(f)a default or breach by Customer under any other contract or agreement with Company. 13. Manufacturer's Statement of Origin. Company shall retain possession of the manufacturer's statement of origin ("MSO") for the Product until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that Product has been paid in full. 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement,or the breach thereof,shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton,Florida. 15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner,employee,agent,or joint venture of or with the other. Neither party may assign its rights and obligations under this Agreement without the prior written approval of the other party. This Agreement and all transactions between Ten-8 Fire&Safety,LLC will be governed by and construed in accordance with the laws of the State of Florida. The delivery of signatures to this Agreement may be via facsimile transmission or other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire agreement and supersede any prior agreement between the parties concerning the subject matter of this Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized representatives of both parties with authority to sign such amendments to this Agreement. In the event of a conflict between the Ten-8 Proposal and these Terms and Conditions,the Ten-8 Proposal shall control except in the case of a Cooperative Purchasing Contract as set forth in Section 1(c)and(i)of these Purchasing Terms and Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. Option List 7/7/2023 Customer: Key West International Airport(EYW) Bid Number: 224 Representative Donahue, Timothy Job Number: Organization: Airport Products Group Number of Units: 1 Requirements Manager: Raddatz, Dustin Bid Date: 08/31/2023 Description: Key West(Ten-8)Striker 6x6z Stock Number: Body: Striker 6x6 Price Level: 39(Current: 39) Chassis: Striker 6x6, TAK-4 w/Snozzle Lane: Line Option Type Option Description Qty 1 0540326 Performance Bond, Not Requested 1 2 7000002 Camera, 360 w/Back Up, Truck Color SLIME 1 3 7000003 Warranty, Basic, 1 Year,Apparatus 1 4 7000040 Caps,Water Fill, 4.5"(114 mm) NSFHT w/Link Chain 2 Quantity-02 5 7000083 Snozzle, Camera System, Thermal (NFPA414-2017) , Fixed Color&Piercing Tip 1 6 7000093 Snozzle, Lights, Knuckle, Red Strobe, R50 1 7 7000097 Snozzle, Lights, Tip Turret, Red Strobe, R50 1 8 7000100 Snozzle, Lights, Tip Turret, (1)JW Speaker LED, R50 1 9 7000103 Snozzle, Piercing Tip Alignment 1 10 7000104 Snozzle, Piercing Tip Extension, 12" (305 mm) 1 11 7000125 Turret, Bumper, Scorpion, 625/1,250 gpm(2,365/4,731 Ipm)w/DC &EFP 1 12 7000132 Preconnect Handline, Secondary, 200'(60m)x 1.75"(45mm)Yel Hs@125gpm 1 (4731pm)EFP 13 7000151 Preconnect Handline, Primary, 200'(60m)x 1.75"(45mm)Wht Hs @ 125gpm 1 (4731pm)EFP 14 7000168 Shelves, (2)Roll-Out, Locks(1)Lower Height Adjust&(1) Upper Fxd w/Latch Bar 1 15 7000206 Plugs, Water Fill, 2.5" (64 mm) NSFHT w/Link Chain 2 Quantity-02 16 7000225 Discharge Caps, 2.5"(64 mm) NSFHT Female Caps w/Link Chain 1 Quantity-01 17 7000249 Structural System, 2.5" &5" (38 mm & 127 mm)w/Prm Pmp&Fill Frm Drft, 2K 1 Pump 18 7000261 Foam Fill Plugs, 1.5" (38 mm) NSFHT Plug w/Link Chain 1 Quantity-01 19 7000342 Tires, Spare, Michelin 24R21 XZL, Prime with Drum Brakes, No Beadlocks 1 Quantity-01 20 7000386 Engine, Scania DC16/V8, 670 HP,Tier 4f 1 21 7000396 Battery Jumper Studs 1 22 7000432 Lights, Warning, Top Stand-By, (2)Whelen, L40AP,Amber LED 1 23 7000445 Not Provided, Side Widelights, Roof Turret or Snozzle 1 24 7000457 Not Provided, Generator Power with DC Widelights with Shelf 1 25 7000495 Control, Footswitches,Air Horn &Siren, Driver&Turret Operator 1 26 7000508 Not Provided, Seat Right Inside 1 27 7000515 Not Provided, Seat Left Inside 1 28 7000522 Not Provided, Seat Left Outside 1 29 7000528 Seat, Right Turret Operator, SCBA, Non-Adjustable, Fixed, Slide,Vinyl 1 30 7000540 Seat, Drivers, Non-SCBA,Air,Tilt, Slide,Vinyl 1 31 7000545 Grab Handles, Cab EU 1 32 7000565 Labels,w/HRET 1 Language- English 33 7000583 Nozzles, Undertruck(4)Akron 19 gpm (72 Ipm) Each w/EFP 1 34 7000594 Not Provided, Lights,Turret, Roof 1 35 7000598 Platform, R50 Snozzle w/500 lb. (227 kg) Dry Chemical 1 36 7000606 Tank, 3,170 G (12,000 L)Water/444G (1,680 L) Foam w/Lifetime Warranty, R50 1 HRET 37 7000615 Snozzle,R50,w/Pierce Tip,500/1,000 gpm(1,892/3,785 Ipm),Scania T4&Stg V 1 w/EFP 38 7000629 Light, Turret, Bumper, (1) LED, Fixed,w/DC, Scorpion 1 39 7000640 Automatic Activation, Preconnect Handlines 1 40 7000641 Automatic Activation, Preconnect Handlines 1 41 7000655 Shelves, (2)Roll-Out, Locks, Height Adjustable w/Latch Bar w/EFP 1 7/7/2023 9:01 AM Bid#: 224 Pagel Line Option Type Option Description Qty 42 7000663 Reel, Dual Agent, Swing-Out w/Roll, 100'(30m)x1"(25mm) Hose @ 60gpm 1 (2271pm)w/EFP 43 7000669 Tray, Tilt-Slide-Out 1 44 7000670 Step, Swing-Out, Upper RH Compartment Access 1 45 7000671 Step, Swing-Out, Upper LH Compartment Access 1 46 7000686 Piping, Water Fill, (1)LS &(1) IRS 2.5" &4.5" (64 mm & 114 mm)w/Tank Drain 1 47 7000689 Pump, Water, Bronze, 2,000 gpm (7,570 Ipm)w/Pump Engaged Light 1 48 7000692 Lights, Water Tank Level, LS &IRS Exterior, No Label w/Fbrg 1 Tank Level Lights-Blue, Blue, Blue, Red 49 7000702 Structural/Suction Cap&Plug, 2.5"&5" (64mm & 127mm) NSFHT w/AutoSuctVa 1 w/Link 50 7000707 Display, Structural, Left Side Body Compartment 1 51 7000711 Lights, Foam Tank Level, Left& Right Exterior, No Label 1 Tank Level Lights-Amber,Amber,Amber, Red 52 7000713 Foam Fill, Left Side 1 53 7000717 Foam System, Electronic Foam Proportioning w/ECO 1 54 7000720 Spare Nitrogen Cylinder, 400 Cubic/Ft., Full 1 Quantity-01 55 7000721 Nitrogen Cylinder,400 Cubic/Ft., Full 1 Quantity-01 56 7000722 Dry Chemical, 550 lb(250 kg) 1 57 7000725 No Upper Equipment, STANDARD RAIL 1 58 7000728 Not Provided,Air Outlet Receptacle 1 59 7000732 Air Inlet Receptacle, Rear,Auto-Eject, Kussmaul 1 60 7000735 Not Provided, Engine Preheater 1 61 7000740 Battery Charger, 85-265 VAC, 25 Amp, 45-65 Hz 1 62 7000742 Auxiliary Air Compressor, 110V, 50/60 Hz 1 63 7000743 Lighting, Headlights,Alternating, Wig-Wag, W/Mstr Wrn Swt Wig-Wag Swt 1 64 7000744 Lights, Warning, Upper Rear, LED Lightbars, (2)Whelen, Freedom IV, Clear Lens 1 Light Color- Red 65 7000745 Lights, Warning, Upper Front, LED Lightbars, (2)Whelen, Freedom IV, Clear Lens 1 Light Color- Red 66 7000747 Lights, Perimeter Warning, Red LED, Whelen 700 Series, Qty (10) 1 67 7000748 Not Provided, Lighting, Rear Widelights 1 68 7000751 Lighting, Compartment, LED 1 69 7000754 Lighting, Cab Widelight, LED (2) FRC Q20, 24V DC 1 70 7000755 Lighting, Rear Worklights, LED(2) 1 71 7000756 Lighting, Side Worklights, LED (2) LS&(2) IRS 1 72 7000757 Lighting, Cab Worklights, LED (2) 1 73 7000758 Lighting, License Plate, (1) Left Rear 1 74 7000760 Lights, Fog/Driving 1 75 7000762 Lights, Ground, LED(8) 1 76 7000763 Lighting, Headlights, LED, FMVSS/ECE, RH Traffic 1 77 7000765 Lighting,Vehicle FMVSS 1 78 7000767 MADAS, Data Logger System, TAK-4 Axles-Scania 1 79 7000769 LG Alert 1 80 7000774 Air Horns, Dual Bendix 1 81 7000775 Fans, (2)Cab Window Defroster 1 82 7000776 Siren/PA, Whelen, (1)Speaker 1 83 7000778 Lights, Map, (2) Flexible, 24" Long, Driver and Turret Operator 1 84 7000783 HVAC, Dual, Front&Rear, Scania High Output 1 85 7000785 Step, Cab 1 86 7000787 Roof Hatch, Cab,Acrylic 1 87 7000788 Windows, Electric/Power 1 88 7000789 Mirrors, Cab, Heated & Electric 1 89 7000790 Cab Trim Interior, Insulated w/Hinge Doors, Ergo Console 1 90 7000791 Cab, Standard w/hinged doors 1 91 7000792 Rear Body Doors, Swing Doors With Step& Level Lights 1 92 7000793 Rear Access,Vertical Rear Access Ladder 1 93 7000794 Compartment Matting, PVC Rubber Matting,All Floors and Shelves 1 94 7000795 Standard Compartment Component 1 95 7000797 Winterization, Not Provided 1 7/7/2023 9:01 AM Bid#: 224 Page 2 Line Option Type Option Description Qty 96 7000799 Undercoating-Rustproofing 1 97 7000802 Domiciled Location, USA, Domestic 1 98 7000805 Brakes, Drum Brakes, TAK-4 Axle, 120 WB, No CTI, NFPA, 30 Deg Tilt, 6x6 1 99 7000807 Steering System, TAK-4 Front Axle w/Rear Steer, 120WB, FMVSS, 6x6 1 100 7000808 Fuel Tank, 90 G(341 L),Aluminum 1 101 7000809 Chassis Air, FMVSS,TAK-4 Axles 6x6 1 102 7000810 Mudflaps 1 103 7000811 Pump, Electric Fuel Priming, Scania 1 104 7000812 Exhaust, Strt Outlet, Scania Tier 4f Stainless Steel w/Stainless Steel Cap 1 105 7000813 Air Cleaner, Scania Tier 3 &4f, Single Stage 1 106 7000816 Striker 6x6, TAK-4 w/Snozzle 1 107 7000817 Build Location, Neenah, WI 1 108 7000819 Striker 6x6 1 109 7000827 No Lights 1 110 7000835 Discharge Piping, (1)LS &(1)IRS 2.5" (64 mm)w/SCBA Storage w/PSI &Structural 1 111 7000838 Tray, Tilt-Slide-Out w/Air Reel-Ceiling Mount 200ft(60m) .5" (12mm) Hose W-R 1 112 7000856 RFP Location, Neenah, WI 1 113 7000868 Paint, Exterior, Safety Lime Yellow#35, Chassis Color Black 6x6 1 Paint Color,Axle Hub-#35 Safety Lime(FLNA 10322) 114 7000885 Consortium, Sourcewell 1 115 7000908 Snozzle, Tip, No Aux Agent System 1 116 7000927 Instruments, Standard 1 117 7000953 Cab Deluge System 1 118 7001003 AIRPORT CHASSIS 1 119 7001065 Receptacle Inlet,Auto-Eject, LH FSTRT, RR 110V/20A Batchg/Cmpr Together,YI 1 Cvr 120 7001087 Warranty, Engine, Scania, Basic Pro-rated 4 Year 1 121 7001089 Warranty, Pump, Waterous, Basic 5 year 1 122 7001091 Warranty, Transmission,Allison, Standard 5 year 1 123 7001094 Manual, Operator's, (1) Hard Copy, (1) USB Flash Drive 1 124 7001095 Manual, Parts, (1) Hard Copy, (1) USB Flash Drive 1 125 7001096 Manual, Service/Maintenance, (1) Hard Copy, (1) USB Flash Drive 1 126 7001103 Training, On-Site Vehicle Familiarization, Dealer Provided 1 127 7001111 Tires, Michelin 24R21 XZL, Prime with Drum Brakes, No Beadlocks 6x6 1 128 7001191 Gauges 1 129 7001220 Inspection, Factory Final, Dealer Responsible for Travel 3 Quantity-03 130 7001228 Inland Freight, Domestic, Striker 6x6 1 131 7001384 Paint, Single Color, Cab 1 Paint Color, Cab-#35 Safety Lime(FLNA 10322) Paint Color, Cab Fenders-#101 Gloss Black(FLNA 40119) Paint Color, Skid Plate Inserts-#101 Gloss Black(FLNA 40119) 132 7001386 Paint, Snozzle 1 Paint Color, Snozzle- Metallic Gray (FLNA 90280) 133 7001387 Paint Process 1 134 7001434 Standard graphics package 1 135 7001476 Paint, Wheel, Michelin 1 Paint Color, Wheels-#35 Safety Lime(FLNA 10322) 7/7/2023 9:01 AM Bid#: 224 Page 3 Oshkosh Corporation Classification-Restricted TECHNICAL SPECIFICATION KEY WEST INTERNATIONAL AIRPORT OSHKOSH STRIKER 6 X 6 AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE WITH AGENT CAPACITIES OF 3,000 GALLONS (11,356 L) OF WATER 420 GALLONS (1,589 L) OF AFFF CONCENTRATE 500 POUND (249 K) DRY CHEMICAL SYSTEM 06/20/2023 1 Oshkosh Corporation Classification-Restricted GENERAL CHARACTERISTICS Definitions: This document is intended to outline the technical specification requirements for an airport rescue firefighting (ARFF)vehicle in accordance with Federal Aviation Administration Advisory Circulars (AC) 150/5110-10E and the National Fire Protection Association (NFPA) 414, 2020 edition. This specification is for one new Class 4 (3,000 gallon, 11,356 L) ARFF vehicle. Expected Use: This specification covers an all-wheel drive, diesel powered ARFF vehicle having a mechanical foam/water system designed for extinguishing flammable and combustible liquid fuel fires. The specified dry chemical complimentary agent system is an acceptable, optional addition to the basic vehicle as dictated by local operational needs. The primary function of the vehicle described in this specification is to provide an optimum level of ARFF suppression capability throughout the critical rescue and firefighting access area. Vehicles complying with this specification meet the ARFF vehicle requirements of FAR Part 139. However,it is also intended that this vehicle be suitable for other fire protection assignments. Scope: This specification covers an Aircraft Fire Fighting Rescue 6x6 vehicle with a maximum capacity of 3,000 gallons (11,356 L) of water, 420 gallons (1,589 L) of AFFF (Aqueous Film Forming Foam), 550 pound (249 kg.) dry chemical system, a water pump, a high reach extendible roof turret and a high volume, low attack bumper turret. Water/foam handlines with variable pattern nozzles shall also be provided as specified. 1. HRET: A high volume HRET shall be provided with water and foam and entrained dry chemical powder direct injection capabilities. 2. Bumper Turret: A high volume low attack bumper turret shall be provided with water and foam and entrained dry chemical powder direct injection capabilities. 3. Handlines: Two water/foam pre connected handlines are to be provided in a crosslay configuration. Each soft jacketed handline shall be designed for automatic energizing by a rotary valve located at the cross lay area. 4. Dual Agent Hose Reel: One electric rewinding, swing out type hose reel shall be provided and shall have water, foam and entrained dry chemical powder direct injection capabilities (Hydro- Chem or equivalent). 5. Secondary Agent: A secondary agent system is also required as later defined in this document. EXTERIOR PAINT The vehicle will be painted per Oshkosh Airport Products procedures. 1. All aluminum components will be pre-treated prior to paint using an aluminum conversion coating process. 2. All parts of the vehicle will be cleaned, treated and primed prior to assembly and final painting. 3. The exterior body panels will be painted 935 Safety Lime Yellow and the chassis will be semi- gloss black. 4. Interior of storage compartments will be painted with a grey spatter type finish. 2 Oshkosh Corporation Classification-Restricted REFLECTIVE STRIPE Three (3)reflective stripes will be provided across the front of the vehicle and along the sides of the body. The reflective band will consist of a 1.00" stripe at the top with a 1.00" gap then a 8.00" stripe with a 1.00" gap and a 1.00" stripe on the bottom. LABELS The vehicle will be furnished with all informational, functional and safety related labels necessary for operating the vehicle and systems as required by local requirements. The labels will be in English language. UNDERCOAT RUST PROOFING The vehicle will have rust proofing applied to the chassis and areas beneath the vehicle where material may be normally subject to corrosion,including within steel tubes. ENVIRONMENTAL CONDITIONS The vehicle will be capable of storage and operation in temperatures ranging from 0.5 C(33 F) to 43 C (110 F). CAB ERGONOMICS AND ACCESSORIES Cab Features The chassis cab will be 3-point mounted, constructed of welded aluminum extrusions and plates to provide the best strength to weight ratio and prevent cab collapse in the event of a vehicle rollover with aluminum and fiberglass exterior panels. The cab will be tested to comply with ECE29 standards/directive. The cab will include gutters of sufficient size to prevent foam and water from dripping on the windshield and side windows during turret operations. The cab will have a minimum internal volume of 7.79 cubic meters (275 cubic feet) and a center steering position with a lateral field of vision of 254 degrees (127 degrees left and right of center),with 90 degrees upward and 25 degrees downward visibility and ground visibility to the driver at a point 2.7 in (8.8 ft.) and beyond from the vehicle. The cab will have these features: • Center control console • Dash console in front of driver position • Integrated electronic control and diagnostic systems • Interior coating will be durable with a painted grey spatter type finish Cab Access Access to the cab will be gained with a single hinged door located on each side that opens at least to a 90- degree angle. Will include lower, door opening scuff plate for protection. CAB DELUGE SYSTEM The cab will be equipped with a windshield deluge system. 3 Oshkosh Corporation Classification-Restricted There will be grab handles covered with cushioned and slip resistant material located inside the driver's and passenger door openings to facilitate safe entry and exit from the cab. The grab handles will be placed to ensure three-point contact can be maintained. There will be a heavy duty step located at both the driver's and passenger's doors. The steps will include aggressive pattern on the step surface to provide traction for driver and passenger's boots. For safety, the step will be designed to be self cleaning so that a maximum amount of water, snow, mud or other debris can fall off or through the step. Includes a fixed riser bolted in place that if removed will allow the step to function as swing away to ensure that the required 30 degree approach angle of the vehicle will be met. The cab door will be equipped with electric controlled slide type windows. CAB MIRRORS The vehicle cab will be equipped with(2) 8" x 17" combination flat and convex mirrors, one located on each side of the cab. The mirrors will be electrically heated and be adjustable. The horizontal rotational viewing range will be no less than 60 degrees. Electrical switches for the mirror adjustment and heating feature will be provided within easy reach of the driver. CAB INTERIOR The cab will be weather-tight, acoustically and thermally insulated to provide noise level not to exceed 85 dB (A) at the driver's ear position in accordance with NFPA 414, current edition. A rubber floor mat covering the interior floor with a padding to provide cushioning effect and dampen noise will be provided.Portions of the cab will be covered with a vinyl material to dampen noise. The cab will have five (5) sun visors. ROOF HATCH The roof hatch will be on the left side of the cab roof above the most outside seat. It will have two (2) manual latches to secure the hatch closed and two gas shocks to hold the door open. CREW SPACE DRIVER POSITION(CENTER) The driver's seat will be Seats, Inc., 911 Series non-SCBA type with an integral 3-point seat belt. The seat will be an air-ride and include a manual tilt adjustment and manual forwardibackward slide feature. The seating material will be vinyl, grey in color and resistant to wear and staining. RIGHT TURRET OPERATOR SEAT POSITION The right side or turret operator/officer seat will be a Seats, Inc., 911 Series SCBA type with an integral 3-point seat belt. The seat will be a non-suspension and include a fixed back design and manual forwardibackward slide feature. The seating material will be vinyl, grey in color and resistant to wear and staining. LEFT OUTSIDE SEAT POSITION No seat will be provided in the left outside seat position. LEFT INSIDE SEAT POSITION No seat will be provided in the left inside seat position. 4 Oshkosh Corporation Classification-Restricted RIGHT INSIDE SEAT POSITION There will be no seat provided to the right rear of the driver's seat. AIR CONDITIONING AND HEATING A 41,300 BTU Bergstrom, air conditioning (HFC 134A refrigerant) system,integral with the vehicle 60,000 BTU Bergstrom,heater defroster unit will be provided with a 313cc AC compressor driven from the vehicle engine. MAP LIGHTS There will be two (2) 24-volt DC auxiliary map lights provided in the cab on or near the center console, one (1) at the driver's seat and one (1) at the officer's seat. They will be attached to 24" long flexible mounts and will have the on/off switch placed on the light head. SIREN/PA SYSTEM The vehicle will be equipped with a full function siren with public address capability. The siren will be Whelen brand,model 295SL or approved equal. The siren will have 17 siren tones to choose from,with three storable and selectable with a driver accessible rotary switch. The siren console will be backlit for visibility in dark or low light conditions. The siren system will include a hard wired microphone. There will be one 100-watt speaker mounted at the front bumper or approach area of the ARFF vehicle. CAB DEFROSTER FANS The vehicle cab will feature two (2) compact,rotary blade fans to distribute air around the cab when necessary. The fans will be located on the left and right side of the cab and will be adjustable for direction. The fans will be two-speed type. The fans will be activated by a single backlit switch on the left lower dash panel. Individual switches on the fan base will select LOW or HIGH speed. AIR HORNS There will be dual Bendix air horns mounted under the cab, forward of the driver, and will be activated by a switch located in the center of the vehicle's steering wheel. There will be foot switches provided in the cab at the driver and turret operator seating positions to activate the vehicle air horn, siren or public address system. 360 NAVIGATION CAMERA 360 camera system will be installed on the vehicle with birds-eye view allowing the driver to see objects around the vehicle. Video to be displayed in cab on user interface screen. CONTROLS All instruments,warning lights and controls relative to truck operation will be displayed to the left of the driver so that they will be useful, convenient, and visible to the driver. All instruments,warning lights and controls relative to the firefighting system will be displayed to the right of the driver for center steer so that they will be ergonomic, convenient, and visible to both the driver and the officer(turret operator). Agent activation to be clearly identified with color coded switches providing the operator immediate identification of the agents. Blue will identify water,Yellow will identify water/foam, and Purple will identify dry chemical powder. 5 Oshkosh Corporation Classification-Restricted There will be a 304.8 mm (12 in.) display provided in the center of the cab control panel to aid the driver and turret operator. The display will show pump pressure,water levels, foam levels,roof turret position as well as diagnostics with fault codes. The display utilizes the Oshkosh designed control electronics which is CAN based and uses D-Series modules. The display can be user customizable and be programmed for any language. The following cab mounted controls will be provided as a minimum: • Accelerator Pedal • Air Conditioner Controls • Brake Pedal • Color Coded Complementary Agent/ System Activation • Rotary Differential Lock Control • Dome Light Switch Manual/Door Activated • Foam Concentrate Reservoir Control Valve • Headlight Switch w/Dimmer Control • Heater/Defroster Controls • Horn Control • Master Electrical Disconnect Switch(located in engine compartment) • Panel Lights Switch with Dimmer • Parking Brake Control • Power Adjustable Mirror Control • Rotary Ignition Start/Stop Switch • Siren Switch with Microphone • Switches for Emergency Beacon(s)/Strobe(s) • Switches for Exterior Lights • Switches for Non-Emergency Amber Beacon(s)/Strobe(s) • Tilt/Telescoping Steering Wheel Column • Transmission Range Selector • Turret Control • Windshield deluge • Windshield Wiper and Washer, column mounted • Cup Holders • Hand throttle Instruments and Warnine Lights The following instruments and warning lights will be provided in the cab: • Air Pressure (brake and other air-driven accessories) • Complementary Agent Tank-Charged Indication • Beacon/Strobe Indicator(s) • Foam Agent Tank Level Indicator 6 Oshkosh Corporation Classification-Restricted • Water Tank Level Indicator • Water Pump Pressure • Low Air Pressure Warning • Compartment Door Open Indicator • Differential Lock Indicator • Engine Coolant Temperature • Engine Tachometer • Fuel Level • Headlight Beam Indicator • Speedometer/Odometer • Voltmeter • Low Engine Coolant Audible/Visual Alarm • Digital clock • Low Oil Pressure/High Water Temperature Audible/Visual Alarm • Complementary Agent System Pressure Indicator LATERAL ACCELEROMETER There will be a lateral accelerometer electronic rollover warning system provided. The system will detect "g" forces exerted on the vehicle in all three axes; lateral, axial and vertical. A single axis display will be integrated into the vehicle dash in view of the driver and include an audible alarm. The sensor base unit will be installed in an easily accessible location within the cab. MONITORING AND DATA ACQUISITION SYSTEM(MADAS) A Monitoring and Data Acquisition System (MADAS)which is an electronic vehicle system analyzer that constantly records preprogrammed vehicle characteristics will be installed for the collection of various performance measurements to monitor, as a minimum, the following: 1. Vehicle speed 2. Transmission gear 3. Vehicle heading 4. Lateral acceleration 5. Vertical acceleration 6. Longitudinal acceleration and deceleration 7. Brake Application 8. Engine rpm 9. Throttle position 10. Steering input 7 Oshkosh Corporation Classification-Restricted 11. Vehicle braking input(pedal position and brake pressure) 12. Date,time, and location for all data collected The MADAS system will record information and store the critical period of time including 120 seconds before an event and 15 seconds afterwards. It will require a customer supplied portable PC. The MADAS system will include software to download and to use the data. The MADAS system will require no operator input, and until it is triggered by an event all of its' operation will be fully automatic. When an event occurs, the MADAS will provide a fault code to the operator on the main display screen in the cab. When active and ready to record vehicle attributes,it will report that to a visual indicator in the cab. The MADAS system will be capable of recording a minimum of thirty events. Data logger capacity will be indicated to the operator via the main display. Access to the memory for downloading,viewing or deleting will require a pass code. The data software will include native features such as graphing analyses. The system will be designed so that the data being recorded will not be lost or overwritten immediately after the incident due to the use of an emergency shut-off or a master electrical disconnect switch. ELECTRICAL SYSTEM LIGHTING AND MARKING SYSTEM The vehicle will be equipped with lighting designed and installed to be compliant with requirements of Federal Motor Vehicle Safety Standard-FMVSS 108. Clearance/Marker Lighting All clearance and marker lights will be LED type, 24-volt DC. The lights will be placed in the required locations at the front, sides and rear of the vehicle. Minimum four(4) amber LED side marker lights will be located on each side of the vehicle. One (1) of the amber side marker lights will also function as a turn signal indicator, and will be located on the cab or closely adjacent to the cab. One (1)red marker light will be located on each side of the vehicle nearest to the rear. Five (5) Amber LED clearance lights will be mounted at the front of the vehicle. Turn signal Indicators Four inch round amber lights will be placed at the front bumper to function as front marker and turn signal indicators. Two (2) light assemblies will be installed at the rear of the vehicle with amber turn signal indicators located at the outside of each assembly, clear backup lights will be located in the middle and red marker and brake lights will be located to the inside. Turn signals will be self cancelling. 8 Oshkosh Corporation Classification-Restricted HEADLIGHTS There will be four(4) LED headlights installed on the vehicle and switched in the cab. Two (2)headlights will be low beam, two (2)will be high beam. The headlights will be certified for local requirements for right-hand drive traffic. A high/low beam switch will be provided on the steering column. ALTERNATING HEADLIGHTS The high beam headlights will flash alternately between the left and right side. There will be a"wig-wag" switch installed in the cab on the switch panel to control the high beam flash. This switch will be live when the ignition and master warning light switch is on. The flashing will automatically cancel when the headlight switch is active and the high beam headlights are activated. GROUND LIGHTING There will be eight(8)individual LED strip type ground lights installed under the vehicle to illuminate the ground area with the on/off switch located in the cab and will only operate with the parking brake applied and transmission in neutral. The eight(8) lights will be located, two (2) at the rear of the vehicle, two (2) on each side under the body compartments and two (2)under the cab, one per side.Each strip light will be encased in an aluminum housing. FOG/DRIVING LIGHTS There will be two (2) LED driving lights and two (2) LED fog lights. The lights will be mounted one (1) per side in a common recessed bezel at the front of the vehicle directly below the headlight assemblies. The on/off switches will be located in the cab to the left side of the operator. SECONDARY DAYTIME RUNNING LIGHTS No secondary daytime running lights will be provided. LICENSE PLATE ILLUMINATION There will be a license plate light installed at the left-side of the rear of the vehicle and activated with the marker lights. The license plate and bracket will be supplied by end user. SCENE/WORK LIGHTS - CAB There will be two (2) 24-volt LED worklights mounted above the windshield and switched within the cab. SCENE/WORKLIGHTS- SIDE There will be two (2) 24-volt LED worklights provided on each side of the vehicle. These lights will be controlled by an on/off switch in the cab and one (1) switch, operational from ground level mounted on the side of the vehicle to control the operation of the respective lights on that side. SCENE/WORKLIGHTS-REAR There will be two (2) 24-volt LED worklights at the rear of the vehicle. They will be switched within the cab and from the rear of the vehicle. The lights will automatically illuminate when the vehicle is placed in reverse. 9 Oshkosh Corporation Classification-Restricted WARNING LIGHTS PERIMETER There will be ten(10) Whelen, 700 Series red rectangular LED warning lights installed around the lower perimeter of the vehicle at or near bumper height. Three (3)will be placed on each side, two (2)in the front and two (2) at the rear switched independently from upper warning lights. TOP/STAND-BY There will be two (2) Whelen, Model L40AP, amber LED stand-by beacons located on the roof of the vehicle located close to the center of the water tank for 360-degree visibility and switched from within the cab. UPPER FRONT There will be two (2) Whelen, Freedom IV,red flashing LED lightbars installed on the roof of the vehicle near the front, one (1) on each side and activated with a switch in the cab on the left side of the dash panel. UPPER REAR There will be two (2) Whelen Freedom IV, red flashing LED lightbars installed on the roof of the vehicle at the rear, one (1) on each side and activated with a switch in the cab on the left side of the dash panel. COMPARTMENT LIGHTING There will be white 24-volt LED strip lighting provided in the compartments. POWER GENERATION Not Required Wide Lights -Cab There will be two (2)FRC Spectra,Model Q20, 20,000 lumen, 24-volt DC LED wide lights with anti- glare shields mounted on the cab above the windshield facing forward. The lights will be powered by the on board 24-volt DC electrical system and activated by a switch in the cab. POWER SUPPLIES A 24-volt electrical system will be provided. The vehicle power will be supplied by dual alternator systems, each engine with two (2) 110-amp alternators.A warning system will be provided to indicate an alternator failure. The electrical system will have the following: • Four(4) Group 31, 12 Volt Maintenance Free Batteries with 950 CCA @ 0-degree F (each) • Provisions for jump starting will be located within the right-side engine compartment. A warning label will state that using these a 12-volt system will cause damage. • On board battery charger with provisions for shore power(see below) • A remote voltmeter will be installed adjacent to the batteries to read the battery charge. • A switch will be mounted in the engine compartment that will prevent the vehicle from being started from the cab during routine maintenance. 10 Oshkosh Corporation Classification-Restricted • Lockable total vehicle master disconnect switch rated for full vehicle current. • Unused electrical distribution connectors or components located on the walls of the upper and lower compartments will have sturdy protective coverings to prevent unwanted contact with stored gear. BATTERY CHARGER There will be a Delta Q, 110/220-Volt AC, 50/60 Hz waterproof battery charger installed in the rear engine compartment area to maintain the on board batteries. The charger will be a micro processor controlled and will be fully automatic. AUXILIARY AIR COMPRESSOR There will be an on board auxiliary air compressor to maintain the vehicle's air system pressure mounted inside the vehicle's engine compartment on the passenger side. The compressor will be the rocking piston type and will have two (2) aluminum cylinders with an inlet filter. The motor will be a 1/2 horsepower, 110-volt, capacitor start,totally enclosed, thermally protected and will be the low vibration type. ENGINE PREHEATER An engine coolant preheater is not required. RECEPTACLEINLETS There will be two (2) KussmaulTM, 20-amp, 120-volt AC shoreline inlets provided to operate the dedicated 120 volt AC circuits on the rear of the apparatus. One (1) shoreline will be connected to the battery charger and auxiliairy air compressor and one (1) shoreline will be conncected to the engine pre- heater.The shoreline inlets will include yellow weatherproof flip up covers. There will be a release solenoid wired to the vehicle's starter to eject the AC connector when the engine is starting. There will be a mating connector bodies supplied with the loose equipment. There will be a label installed near the inlets that state the following: • Line Voltage • Current Ratting (amps) • Phase • Frequency AUXILIARY START FEATURE There will be 24-volt positive and negative posts for jump starting the vehicle located adjacent to the battery box within the engine enclosure on the right-side of the truck. The jump start posts will have color coded protective plastic covers. Radio Equipment: Per the NFPA Standard 414 (2020 Edition) as amended by -I OE A/C plus the following: Dedicated 12-volt radio leads shall be provided to the dash instrument panel and marked and tagged with permanent tags. 11 Oshkosh Corporation Classification-Restricted AIR INLET RECEPTACLE No air inlet receptacle is required. AIR OUTLET RECEPTACLE No air outlet recetacle is required. ENGINE AND ACCESSORIES Engine There will be a certified EPA Tier 4f, Stage IV, Scania, Model DC16,water cooled V8 design engine with a displacement of 15.9 liters (957 cubic inches). The engine will produce a maximum of 500 kw (670 hp) and electronically limited to 2,644 Nm (1,950 ft. lbs.) of torque at 2,100 RPM. The engine will have common rail fuel injection system and will be equipped with a single turbo charger with an electronic fuel management system. The engine will have a Selective Catalyst Reduction(SCR) system for the mitigation of engine emissions. The urea tank will be minimum 102 liters (27 gallons U.S.). An engine high idle control will be provided to maintain the engine idle at approximately 1200 rpm when activated. The control for this system will be safety interlocked to activate only after the transmission has been placed in the neutral position and the parking brake has been set. An electronically controlled engine governor will be provided and set to limit engine speed so that it will not exceed the maximum rpm recommended by the engine manufacturer. Transmission There will be an Allison, EVS-4800 Series,planetary type, fully automatic, electronic controlled seven- speed transmission provided. The transmission will be separate from the transfer case and located at the rear for easier maintenance. The seven-speed transmission creates better gear ratios, smoother shifting, and less wear and tear on drive components. Power Divider There will be a power divider to allow the pump to be engaged at any speed or engine RPM and in any gear which is automatically activated for pump operation when the pump switch is engaged from the cab. When in pump mode, the pumping RPM will increase automatically only after a discharge orifice is opened,to minimize heat build-up during standby operation. ENGINE AIR CLEANER The engine will be equipped with an easily replaceable canister type single stage air filter. EXHAUST SYSTEM The vehicle will have a vertical stainless steel exhaust stack with a rain cap. ENGINE PRIMING PUMP The vehicle's engine will be equipped with an electric fuel priming pump. MUDFLAPS There will be rubber mud flaps at each wheel well to minimize the amount of road debris cast behind the vehicle by the tires. 12 Oshkosh Corporation Classification-Restricted CHASSIS AIR The vehicle will be equipped with a Bendix,Model AD-IS, air dryer. The air dryer module will include an integrated air dryer, a reservoir, a governor, a heater and four pressure protection valves. FUEL TANK CAPACITY The fuel tank will have a capacity of 90 gallons (341 liters)with bottom drain plug and filler pipe located no higher than 60 in. (152 cm)from ground level. A fuel water separator with auxiliary fuel pump for the main engine will be provided. STEERING SYSTEM The front and rear axles will have adequate capacity to carry the fully loaded vehicle under all intended operating conditions. For vehicle handling, stability and off-runway performance,the axles will have identical track width of 244 cm (96 in.). The axles will consist of the following; 1. Front Axle - 14,061 kgs. (31,000 lbs.) Rating, double reduction(axle housing and wheel end), enclosed steering drive ends,bevel gear differential with driver operated differential lock. 2. Rear Axle - 28,123 kgs. (62,000 lbs.) Rating, double reduction(axle housing and wheel end), bevel gear differential with driver operated differential lock. The suspension will meet the following design requirements; 1. Upper and lower control arms will be used on each side of the axle. 2. Each axle will be equipped with an anti-roll bar for increased cornering stability. 3. Steering and non-steering axles will have a tie rod that is adjustable for alignment of the wheel to the center of the chassis. 4. Each wheel will have at least one coil spring and heavy-duty dual acting shock absorber. 5. All pivot and joints will be designed to meet the 20-year service life of ARFF vehicles and include only two (2) grease points per wheel and with proper Oshkosh factory alignment does not require special maintenance. 6. Each axle will have a track width of 3.05 in (120 in.) An off-road,high mobility Oshkosh TAK-4, all-wheel Independent suspension system will be provided allowing the vehicle to travel safely at minimum off-road speeds of 56 kph(35 mph). The Oshkosh TAK-4, Independent suspension system design will allow for a minimum of 406 mm (16 in.) of total wheel travel and is NFPA 414 and 150/522-10E certified. BRAKE SYSTEM The vehicle will be equipped with a dual air braking system including front and rear brakes with an overall vehicle tread width of 3,048 mm (120 in.)in accordance with FMVSS 121 Legislation. The brakes will be drum type and equipped with automatic brake adjusters, to be clutch and worm drive type. The system will feature a dual type brake treadle valve with separate supply and delivery circuits. The system will include an all-wheel, split-circuit,powered-assisted service brake, a modulated emergency brake, and a parking brake. 13 Oshkosh Corporation Classification-Restricted There will be a 6S-6M electronic antilock brake system with a sensor and modulator at each wheel controlled by an electronic control unit(ECU). The ECU will monitor wheel speed during braking and modulate the brakes when excessive wheel slip or lockup is detected. The ECU will blend the feedback from steering wheel ends to reduce steering wheel pull during an ABS event. There will be provision for ABS diagnostics provided. The brake system will have the following features: 1. A Bendix AD-IS, automatic air-drying system downstream of the compressor. 2. Air brake chamber for each brake with self-adjusting mechanisms. 3. Drain on all reservoirs controlled from one common location on the exterior of the vehicle. 4. Visual and audible low air pressure warning device. 5. A manual parking brake valve will be installed in the cab within easy reach of the driver. The brake system will meet the following design requirements: 1. Capacity to increase air pressure in the supply and service reservoirs from 552 to 690 kPa(85 to 100 psi)when the engine is operating at the vehicle manufacturer's RPM,in less than 25 seconds. 2. Capacity for buildup of tank pressure from 0 kPa(0 psi)to the pressure required to release the spring brakes within 15 seconds relying solely on vehicle air compressor. 3. Have a volume 12 times the total combined brake chamber volume at full stroke. The brake system will meet the following performance requirements at gross vehicle weight(fully laden): 1. Service Brake: (Depending on truck configuration) A. Stopping Distance from 32 kph(20 mph): Maximum 10 in (33 ft.) B. Stopping Distance from 64 kph(40 mph): Maximum 37 in (121 ft.) C. Hold Fully Loaded Vehicle: Minimum 50% Grade Ascending & Descending 2. Emergency Brake (Depending on truck configuration): A. Stopping Distance from 64 kph(40 mph): Maximum 86 in (288 ft.) 3. Parking Brake: A. Hold Fully Loaded Vehicle: Minimum 20% Grade Ascending &Descending WHEEL AND TIRE ASSEMBLY The vehicle will be equipped with Michelin, Model XZL, size 24R21 all-terrain radial tires. The tires will be tubeless type with full width steel belting and will be non-directional mounted on steel wheels. SPARE TIRE There will be one (1)new and unused Michelin, Model XZL, size 24R21 spare wheel and tire assembly to match the vehicle's existing tires size and brand shipped loose with the vehicle. The tire and wheel assembly will fit any of the other wheel locations on the truck. 14 Oshkosh Corporation Classification-Restricted UPPER MOUNTED EQUIPMENT TOP MOUNTED LADDER No top mounted ladder is required. FIREFIGHTING SYSTEM COMPLEMENTARY AGENT SYSTEM DRY CHEMICAL SYSTEM There will be a dry chemical system provided with a 500 lb. (226 kg) storage vessel for dry chemical fire- fighting agent. The system will include piping,valves, an over pressure safety valve and other components necessary for the storage and discharge of dry chemical complementary agent. The design of the dry chemical vessel and the piping and valving will be done according to all applicable ASME code. Provisions will be provided for purging the system without having to discharge remaining dry chemical agent. The system will include: 1. Quick acting agent system activation controls will be accessible to the seated driver and at least one other crew position. Similar controls will be located near the agent handline. 2. Cab mounted pressure indicators will be installed that,when the system is activated,will allow the vehicle operator to determine the propellant reservoir status as well as the system operating pressure. 3. There will be air system clean out provisions for purging agent from all piping and hose after use, saving the remaining chemical in the vessel. 4. An electric winch will be provided to lift and lower the nitrogen cylinder from the ground level to the stored position. The design will be such that it will allow for operators to perform the nitrogen cylinder re-servicing without the need for any heavy lifting. 5. Remote LED bar graph type pressure gauges will be provided in the cab to indicate system operating pressure and the propellant cylinder pressure. PROPELLANT,PROPELLANT CONTAINERS AND COMPONENTS There will be one (1) full 11,327 liter(400 ft .)when pressurized to 182 bar(2,640 psi) dry nitrogen propellant gas cylinder provided and mounted in the truck with a pressure gauge and removable carrier. All propellant gas cylinders and valves will comply with United States Department of Transportation (DOT)requirements.Propellant gas cylinder(s)will be stored vertically and must be easily loaded and removed with the assistance of an integrated lifting device and cylinder guide. There will be one (1) full 11,327 liter(400 ft .)when pressurized to 182 bar(2,640 psi) dry nitrogen propellant gas cylinder provided and shipped loose with the truck,including a pressure gauge. 15 Oshkosh Corporation Classification-Restricted WATER AND FOAM SYSTEMS ELECTRONIC FOAM PROPORTIONER(EFP) SYSTEM The vehicle will be equipped with an "electronic foam proportioning" (EFP) system capable of metering fire fighting foam at 3%ratio within+/- 0.1%in accordance with NFPA. The system will also have provisions to easily select and automatically change the foam proportion rate to either 1, 3, 6,or 8% foam concentration. The rates will be selectable by the operator in the cab using a center console mounted touch screen. OSHKOSH ECO EFPTM-FOAM MEASUREMENT SYSTEM A secondary surrogate test system will be provided to measure the foam proportioning system performance from every discharge on the vehicle without necessitating the actual discharge of foam to the environment. The system will measure discharge flow rate for each discharge. The system will be fully integrated into the vehicle and the electronic foam proportioning system and be located on board the vehicle. It will measure both the solution and foam fluid flow rates using only water. The system will have ability to archive foam test data for all individual discharges and provide a time and date stamp for up to three years of data. An electronic display will be placed near the water pump in a lower left side compartment. The display will provide access to view or control system settings, diagnostics functions, current and historical data and system test function. A USB port will provided to download digital data. FOAM SYSTEM PIPING There will be one (1) 38 mm (1.5 in.)NSFHT thread combination foam fill/drain located on the left-side of the truck below the left-rear body compartment. The foam fill will include one (1) 1.50 in. (38 mm)NSFHT threaded plug with link chain to retain the cap when removed. FOAM TANK LEVEL LIGHTS There will be four(4) LED foam tank level indicator lights provided on the upper exterior of the vehicle's body on both the front right and front left side vertically stacked and will include these colors from top to bottom: amber, amber, amber,red STRUCTURAL FIRE FIGHTING SYSTEM AND CONTROL PANEL There will be a Class "A" structural firefighting system capable of 1,000 gpm (3,785 1pm) discharge with fill from draft feature and priming pump provided. All pump suctions, controls and gauges will be located in the rear left-side body compartment with a roll-up door for easy access. One (1) 5 in. (127 mm) male pump suction connection equipped with a.25 in. (6.35 mm) strainer will be installed in the rear left-side body compartment. A mating cap will be provided that will be capable of withstanding pressures of 500 psi(34.5 bar). A gated 2.50 in. (64 mm) female swivel pump supply connection will be installed in the rear left-side body compartment. There will be a 2.50 in. (63 mm)water tank fill from draft. 16 Oshkosh Corporation Classification-Restricted A pump operator's display panel will be installed in the left rear body compartment. This panel will consist at a minimum the following: • Pump engine tachometer • Pump discharge pressure gauge • Pump suction pressure gauge • Test connections for the pump pressure and suction gauges • Pump engine oil pressure gauge • Pump engine coolant temperature gauge • A hand throttle to control the pump engine speed • A means of selecting water or foam induction for discharge • A switch to control the operation of the priming pump and valve • Panel illumination The structural system inlets and auto suction valve will be provided with a 2.50 in. (64 mm)NSFHT plug and a 5.0 in. (127 mm)NSFHT cap with link chain. DISCHARGE PIPING There will be two (2)unregulated 2.50 in. (64mm) structural discharge provided and located one (1)in the left and right side lower front body compartments. The discharges will have NSFHT thread and be equipped with bleader valves and pressure gauges. Storage for two (2) SCBA bottles will be provided on both left and right side lower front body compartments. DISCHARGE CAPS The one (1) 2.50 in. (64 mm) discharges will include one (1) female caps with NSFHT thread and link chain. WATER TANK The water tank will have minimum capacity of 3,170 g (12,0001)water and 444 g (1,6801)foam, and will be constructed of UV protected Polypropylene material.The tank will be fitted with longitudinal and transverse baffles, a sump, and complete with anti-swirl baffles, and an isolation valve. The top-fill opening of at least 27 in. (689 mm) for water and 23 in. (584 mm) for foam will be provided and be vented with overflow directed to the ground WATER TANK LEVEL LIGHTS There will be four(4) LED water tank level indicator lights provided on the upper exterior of the vehicle's body on both the rear right and left side vertically stacked and will include these colors top to bottom: blue,blue,blue,red WATER PUMP AND PUMP DRIVE The water pump will be a Waterous, Model CRQB (also commonly referred to as Model CR), single stage design that meets all requirements of ICAO,NFPA 414 as well as FAA Advisory Circular 150/5220/10E. The pump will have a rated capacity of at least 2,000 gpm (7,511 1pm) at an operating 17 Oshkosh Corporation Classification-Restricted pressure of 250 PSI(17 bar)with suction vacuum at the manifold inlet of 9 IN-Hg. The pump gearbox will be driven by a driveline from the truck power divider. The pump and pump transmission will have the ability to run continuously without overheat issues in ambient temperatures up 110 degrees Fahrenheit. The pump body will be vertically split on a single plane for easy removal of the entire impellor assembly including the bronze wear rings. The pump will be constructed of the following materials: • Pump Body: Leaded Red Brass,UNS C83600, 30,000 PSI tensile strength. • Impeller: Silicon brass,UNS C87500, 60,000 PSI tensile strength. • Impeller Shaft: 17-4 stainless steel, 135,000 PSI tensile strength. • Wear Ring: High leaded tin bronze,UNS C93200, 35,000 PSI tensile strength. The water pump will be gravity primed from the vehicle water reservoir. The vehicle will have a water piping system allowing the pump to remain primed while the water pump is not engaged. This reduces the time to discharge water when a discharge is open providing immediate operations and a quicker response to a user input. The pump drive will be through a power divider to allow the pump to be engaged at any speed and in any gear, which is automatically activated for pump operation when the pump switch is engaged from the cab. When in pump mode, the pumping RPM will increase automatically only after a discharge orifice is opened,to minimize heat build-up during standby operation. A pressure relief protection system will be provided to prevent over pressurization of the water piping system. An automatic pump overheat protection system will be provided that will discharge to the ground. The pump body and gearbox will be painted in a durable red primer. The entire pump will be bench tested at the original manufacturer to include 400 PSI pressure test and capacity test. A test certificate will be provided with the vehicle. PIPING, COUPLING, CONNECTIONS AND VALVES WATER FILL PIPING There will be two (2) 2.50 in.(64 mm) female swivel and two (2) 4.50 in. (114.3 mm)NSFHT male water fill connections provided, one (1) each on the left-side and one (1) each on the right-side of the vehicle, each equipped with a 0.25 in. (6.35 mm) strainer. An additional 2.0 in. (50.8 mm)water tank drain will be provided on the right-side of the vehicle. 18 Oshkosh Corporation Classification-Restricted WATER FILL PLUGS The water fill will be provided with two (2) 2.50 in. (64 mm)NSFHT plug. WATER FILL CAPS The two (2) water fill will be provided with 4.50 in. (114.3 mm)NSFHT plugs with link chain. PRECONNECT HANDLINES/CROSSLAYS PRIMARY PRECONNECT HANDLINES There will be a primary,preconnected woven soft jacketed handline for the discharge of water/foam provided in the front of the forward lower compartments with access from each side of the vehicle. The preconnected handline will include 200 ft. (60 m) of 1.75 in. (45 mm) soft.]acket type hose and a pistol grip nozzle. The minimum discharge flow rate for the primary handline will be 125 gpm (473 1pm). A removeable slide-out,poly plastic crosslay storage tray will be provided. PRIMARY PRECONNECT ACTIVATION The crosslay handlines will have automatic activation with controls located in the cab and in the compartment near the crosslay handlines. There will be a safety interlock system that will only allow charging of the handlines after all the hose has been deployed.The cab center dash panel will have an indicator to advise when the hose is fully deployed from each tray. Automatic throttle activation for the pumping RPM will be accomplished when the handline discharge nozzle is opened. An override throttle control will be provided for each handline for the initial charging of the crosslay preconnected hose. SECONDARY PRECONNECT HANDLINE There will be a secondary,preconnected woven soft.]acketed handline for the discharge of water/foam provided in the front of the forward lower compartments with access from each side of the vehicle. The preconnected handline will include 200 ft. (60 m) of 1.75 in. (45 mm) soft.]acket type hose and a pistol grip nozzle. The minimum discharge flow rate for the primary handline will be 125 gpm (473 1pm). A removeable slide-out,poly plastic crosslay storage tray will be provided. SECONDARY PRECONNECT ACTIVATION The crosslay handlines will have automatic activation with controls located in the cab and in the compartment near the crosslay handlines. There will be a safety interlock system that will only allow charging of the handlines after all the hose has been deployed.The cab center dash panel will have an indicator to advise when the hose is fully deployed from each tray. Automatic throttle activation for the pumping RPM will be accomplished when the handline discharge nozzle is opened. An override throttle control will be provided for each handline for the initial charging of the crosslay preconnected hose. BUMPER TURRET There will be an Elkhart Scorpion,bumper mounted,non-air aspirating (NASP) low attack turret. The bumper turret will have the following design and performance features: NOZZLE SWEEP ASSEMBLY The nozzle sweep assembly will consist of a double swivel joint allowing the nozzle to sweep in both horizontal and vertical planes. The horizontal axis rotation will allow the nozzle to be directed at least 90 degrees to either side of center for a minimum of 180 degree horizontal sweep. The elevation axis will 19 Oshkosh Corporation Classification-Restricted allow the nozzle to be elevated at least 45 degrees above the horizontal and be depressed to discharge agent within 30 ft. (9 m) of the front of the vehicle. Both horizontal and vertical drive motors will be permanent magnet type DC electric gear motors and will be with a clutch mechanism and/or limit switches to prevent damage to the motors at rotation limits. The motors will be sealed to NEMA 4 requirements. NOZZLE The nozzle will have a variable pattern control and have an automatic flow mechanism to maintain consistent pressure and flow at either discharge rate whether in the straight stream or fully dispersed(fog) pattern. The nozzle will be a non air aspirating type with 24-volt DC powered electric pattern actuation for straight stream or fog pattern selection. The nozzle will meet or exceed all performance requirements defined in the latest edition of NFPA-414. The nozzle will be equipped with a non-aspirating nozzle capable of water/foam flow discharge rates of 625/1,250 gpm (2,365/4,732 1pm). The nozzle will have the capability to also discharge dry chemical agent at a rate of 16 lb.per second(7 kg per second). To maximize distance and accuracy of dry chemical discharge the powder will be entrained within the water stream. The turret assembly will be equipped with auto leveling to keep the nozzle parallel to the ground regardless of the position of the boom mechanism. An electronic.]oystick control will be provided in the cab located within easy reach of the driver and turet operator/officer seat with integrated controls for discharge activation, selection of agent type, and discharge rates and patterns from straight stream to fully dispersed(fog pattern). The turret speed will be proportional to the movement applied to the joystick. TURRET BODY DESIGN The nozzle assembly will be attached to a boom mechanism made of extruded aluminum alloy for long life and corrosion resistance. The nozzle's mounting assembly will be adequately reinforced to sustain all anticipated loads and reaction forces when the nozzle is discharging. The device will be capable of being lowered from the stored position,near bumper height, so that the centerline of the nozzle will be approximately 24 in. (610 mm) above the ground. The design will allow the boom and nozzle to be stored in a position providing minimum protrusion from the front of the vehicle,while maintaining a 30 degree angle of approach. There will be one (1) 24-volt DC, J.W. Speaker,high intensity discharge (HID) spot light provided on the bumper turret. The light housing shall be made with high impact nylon and shall have a durable glass lens. The light shall be controlled by a switch located on the cab dash. UPPER MOUNTED DISCHARGE R50 SNOZZLE HRET The primary turret will be a R50 Snozzle elevated waterway device HRET. An articulating, telescoping aerial turret device will be installed, midship mounted for maximum stability and best weight distribution. Elevation of the turret will be approximately 50 ft. (15 m),measured from ground level. Maximum 20 Oshkosh Corporation Classification-Restricted horizontal reach will be approximately 34 ft. (10 m), measured from the base centerline. The turret nozzle will be capable of being positioned at ground level in front of the vehicle. The turret nozzle will be stowed in a forward position,directly over the vehicle cab. The turret nozzle will be capable of full operation in either the stowed or elevated position as the vehicle approaches the fire. This operation will replace the typical fixed turret appliances mounted on the cab roof. The water discharge piping system will be capable of flowing 1,000 gpm (3,785 1pm)in all operating positions with minimum friction loss. Base and pedestal assembly: The pedestal shall be a welded steel assembly with a machined turntable bearing mounting surface. The pedestal shall be bolted to the base structure turntable assembly to transfer the boom movements into the base structure. The pedestal assembly is to be attached to the chassis frame using Grade 8 fasteners. The pedestal shall house a vertical water swivel. Turntable assembly: The turntable drive shall utilize an external ring gear with ball bearings rotation. The ring gear shall be driven by a spur gear reduction input assembly - 20.5"dia. 146,000 ft-lbs capacity [520.7 min dia. 20192 m/k] requiring minimum installation space and a superior safety factor. This input assembly pinion is to be in turn driven by a low ratio worm gear box via a reversible high torque, low speed hydraulic motor. The gear box design shall prevent drifting of the turntable with an ultimate holding torque of 98,000 lb- in/min. A rotation sensor shall be provided to allow for automatic centering and bedding of the booms. Lower boom (elevation assembly): The lower boom shall be all steel construction utilizing high strength steel alloy tube, adequately reinforced to sustain anticipated loads. The lift cylinder shall be capable of elevating the waterway during maximum specified flow at all nozzle angles and extension. Bushings are to be installed for free pivoting when the boom is being operated. The lift cylinder shall be equipped with a position sensor to aid in positioning the boom and provide a "soft stop"at the end of the cylinder stroke. An"OK to Rotate"indicator shall be provided with a lock- out to prevent boom rotation unless the boom is elevated to a safe point to clear obstacles on the vehicle. Two link arms shall be provided on each side of the lower boom assembly,pinned to the upper boom to provide articulating elevation from 0°to 68'above horizontal. Thus,both booms can move simultaneously with lift cylinder motion. Tilt down feature: A hydraulic cylinder shall be installed between two telescoping pivot links to provide the capability to tilt the boom at an angle up to 40'below horizontal. The combinations of articulation and "Tilt Down" shall allow the nozzle to be placed at or below ground level in front of the vehicle. The tilt cylinder shall be equipped with a position sensor to aid in positioning the boom and provide a "soft stop"at the end of the cylinder stroke. Clash point protection shall be provided to prevent the boom from accidentally contacting the vehicle cab. 21 Oshkosh Corporation Classification-Restricted Upper Boom (Telescoping Assembly): The upper boom shall consist of a rectangular steel alloy tube outer section,with an aluminum alloy telescoping inner section. The upper boom shall be adequately reinforced to sustain all anticipated loads and nozzle reaction force at full flow in all sweep directions. The extension and retraction of the upper boom shall be via a hydraulic cylinder providing a fully extended stroke of 23 feet[7 meters]. The telescopic boom shall be supported by Nycast Nyoil(or equal)replaceable wear pads for smooth operation and long life. Electrical and video cable shall be carried inside telescopic boom within a flexible tube support for maximum protection. All non-ductile load supporting elements shall be designed with a 5 to 1 safety factor per NFPA 1901. Elevated Waterway: The water discharge piping systems shall be capable of flowing 1000 gpm [3785 1pm] or more with less than 90 psi [41 kg/sq.in] friction loss at all boom and nozzle positions. A single pipe waterway shall be provided to minimize maintenance and service requirements. The waterway shall be 4" [101.6 mm] I.D. and pass through the articulating section with a swivel assembly and extend along the outside of the boom sections. A 31/4" [82.5 mm] nominal I.D. telescoping waterway shall be provided inside the 4" [101.6 mm}piping consisting of hard coated aluminum tubing. Telescoping sections shall be sealed by special polypropylene glands. Alignment shall be maintained with a wear band on the overlap portion of the telescoping tube. The waterway shall terminate with a 3" [76 mm] fitting for the nozzle sweep assembly. All pipe swivels shall be constructed of hard coated aluminum alloy with o-ring seals. Swivel seals and telescoping seals shall be equipped with grease fittings for long life lubrication. A preset relief valve capable of protecting the waterway system by relieving pressure,through the dumping of water to the environment shall be provided. Such dumping shall be via a system of piping terminating in an area facing away from the operator's position. Nozzle sweep assembly: The nozzle sweep assembly shall consist of a double swivel unit allowing the nozzle to sweep in both horizontal and vertical planes. The double swivel shall be a large diameter long radius type for maximum flow with minimum friction loss. The assembly shall be constructed high-strength aluminum alloy that is hard anodized to resist corrosion. The rotation shall allow the nozzle to be directed 90' either side of center for a minimum 180'horizontal sweep(unless restricted by other specified options). The nozzle assembly shall be adequately reinforced to sustain all anticipated loads and reaction force of the volume nozzle,plus penetrating forces created by the piercing nozzle. The vertical movement of the piercing nozzle shall be protected by a clutching mechanism that will allow the nozzle to rotate or slip when encountering an object too difficult to penetrate.An "Auto-Level"feature shall be provided for the nozzle assembly to keep it parallel to the ground as the boom is being moved up or down. This feature 22 Oshkosh Corporation Classification-Restricted will keep the nozzle pointed in a safe direction prior to initiating discharge operations. The overall dimensional envelope of the nozzle head assembly including piercing nozzle, lights and camera options shall not exceed 24" [610 mm] wide x 24" [610 mm] high when viewed straight from the end. This dimension will represent the smallest opening that will allow the nozzle assembly to be placed inside a passenger doorway to utilize cameras for search and rescue or to deliver a large volume flow down the aisle. Nozzle and Controls: The nozzle shall be an automatic type capable of adjusting to high flow or low flow settings while maintaining maximum throw range. Flow rates shall be 500/1000 gpm. The dispersed pattern shall be flat to allow for sweeping across pool fires without disturbing the foam blanket. The nozzle joystick shall have a robust grip and unique shape so as to be readily identified by feel and allow the operator to keep focused on the fire scene without having to look away to find controls. All primary firefighting functions shall be incorporated on the joystick with large buttons and switches that can be operated with gloves. Left and right motion shall control horizontal sweep. Forward and back motion shall control vertical movement. The nozzle joystick shall allow for simultaneous operation of both the nozzle and the boom to keep the nozzle on target as the boom is moved. The joystick shall contain the following switches and controls: • Water/foam on-off switches • Auxiliary agent on-off switches • Fog/stream selector switch • Piercing flow indicator • Auxiliary agent flow indicator • High flow indicator • Low flow indicator The nozzle joystick panel shall contain additional switch functions and indicators. Each function shall be labeled and back-lit. When any function is active the back lighting shall turn red. The nozzle joystick panel shall contain the following switches and indicators: • Nozzle Auto-Level on-off switch • Nozzle spot light switch • Camera AB selector switch • Pierce/volume selector switch • High/low flow selector switch Hydraulic controls: The lift, extension and tilt cylinders shall include holding valves for maximum safety in the event of pressure loss or hydraulic line failure. Flow control shall be electric,remote controlled and proportional type installed to insure smooth operation of the boom assembly. All hydraulic valves shall be equipped with extended handle manual overrides for emergency operation in event of electrical failure. The boom joystick shall be a palm grip type - easily distinguishable from the nozzle joystick to allow the operator to keep focused on the fire scene without having to look away to find controls. The controller 23 Oshkosh Corporation Classification-Restricted shall have four axis functions. Left and right motion shall control telescoping action. Forward and back motion shall control elevation. A "dead man"thumb button on the joystick controller shall serve to prevent accidental boom movement with unintentional movement of the joystick. The thumb button shall be accessible to either right hand or left hand operation(the driver or operator). Twisting the joystick shall rotate the boom right or left. The boom joystick shall allow for simultaneous operation of both the nozzle and the boom to keep the nozzle on target as the boom is moved. All boom functions shall be proportionally controlled allowing the operator to adjust the speed of boom movement by the amount of joystick displacement. Cushioned stop shall be incorporated to automatically slow lift and tilt cylinder speed as they reach the end of stroke including rotation and bedding functions. Automatic boom positioning shall be provided by the joystick control utilizing coordinated boom motions: • High Attack -Mid Point Position • Pulling back on the joystick shall cause the booms to move to a mid-point position,pause and continue movement to a maximum elevation position. • Low Attack • Pushing forward on the joystick shall cause the booms to rotate forward towards a full tilt down configuration. • Home • Depressing both thumb buttons simultaneously shall cause the booms to return to a fully bedded position. This action will include a sequence of centering the boom,retracting the extension section and properly lowering the upper and lower booms to the bedded position. The boom joystick panel shall contain additional indicators. Each function shall be labeled and back-lit. Indicators shall include: • Boom un-bedded indicator • OK to rotate indicator(this indicator shall flash when rotated beyond 15 degrees) • Control system error indicator Microprocessor Control System: The hydraulic system shall be controlled by a state-of-the-art Parker IQAN(or equal) electronic control system. The system shall include programming to control boom speeds,joystick sensitivity,joystick ramping,vehicle clash point protection and automatic positioning by coordinated boom motions. The controller shall also provide proportional control of the hydraulic valve functions and provide both digital and analog input and output signals for indicators and safety functions. The system shall include a self- test mode during start-up and cyclic operating with LED diagnostics indicators if an error is detected. The system shall include Controller Area Network(CAN-bus), compatible with SAE J1939 communication and system control. Minimum hydraulic pumping capacity: The hydraulic pumping system shall be capable of providing full performance at any engine speed. The system shall not exceed 3,000 psi [207 bar]. The hydraulic reservoir shall be clearly marked"Hydraulic Oil Only"and located to provide maximum heat dissipation and prevent contamination be water or foam. 24 Oshkosh Corporation Classification-Restricted A self-contained hydraulic power unit consisting of an integral pump/motor shall be provided as an alternative power source in event of main hydraulic pump failure. The unit shall be capable of returning the booms to a bedded position. Lighting system: • A red flashing LED or strobe light shall be attached to the end of the boom to identify the boom when elevated. The strobe light will be activated when the boom is elevated and the "BOOM UNBEDDED"light is energized. A lock-out system shall prevent boom rotation until the "OK TO ROTATE"indicator is activated. • (1)JW Speaker Spot light and(1) JW Speaker Flood light shall be attached to the nozzle assembly and switched by the "flood/spot"light switch on the joystick panel • Two (2) LED spot lights shall be installed, one each side at the rear knuckle, to illuminate the upper boom. The knuckle lights shall be activated when the boom is elevated. Rotation function: Limited rotation shall be provided for extendable turret. Rotation shall be a minimum of 30' either side of centerline. Outriggers shall not be allowed to meet this requirement. An"OK to Rotate"indicator shall be provided with a lock-out to prevent boom rotation unless the boom is elevated to a safe point to clear obstacles on the vehicle. The "OK to Rotate"light shall flash when the extendable turret has been rotated over 15' either side of center. The rotation function shall be controlled by the boom joystick,utilizing a twisting motion to rotate right or left. 25 Finish: The telescoping boom shall be a single piece extruded aluminum alloy; heat treated and hard anodized(Duranodic hard coat or equal). Grinding and sanding shall be utilized on booms and pedestal assemblies to remove contaminates and oxidation prior to painting. Hand sanding and pre-cleaner shall be used to prepare all surfaces. An epoxy primer adhesion promoter shall be applied to all surfaces to provide corrosion protection and to create a strong bond between the substrate and surface application. In addition, the booms and major components shall be coated with a low volatile Organic Compound(VOC),high solid sealer to enhance surface smoothness and topcoat gloss. The primed surfaces shall be sanded smooth, thus removing all texture and surface imperfections and creating a finish base that will meet the rigid requirements of the fire and emergency services. Final coating shall be low VOC(3.5 pounds per gallon)[.42 kg.per liter], 2+mils minimum thickness, designed to provide a long wearing, deep gloss finish under virtually any condition. Interlocking and telescoping components shall be final finished prior to assembly. Finish color shall be medium dark gray metallic 9225. Boom Color: The boom shall be painted metallic grey color prior to final assembly. Lighting: • A flashing L.E.D. or strobe light shall be attached to the boom knuckle. Lights shall automatically activate when the boom is "un-bedded". Piercing Nozzle: An independent auxiliary nozzle with a piercing applicator shall attach to the telescoping boom to provide remote controlled penetrating capability. The piercing tube shall be light weight,high strength aluminum and provide a piercing depth of 36" [914 mm]. A high tensile steel tip shall provide a spray pattern with 250 gpm [9501pm] or more flow. The spray pattern shall be 40 ft[12 m] diameter ball with 30 ft [9 m] forward discharge and 10 ft[3 m] reward discharge. The piercing nozzle shall have the capability to provide a separate water/foam discharge with selector switch labeled"Pierce/Volume". The tip shall be removable and provide a 1 1/2" [38mm] NST hose connection to allow a handline to be extended from the tip for standpipe operations. The vertical movement of the piercing nozzle shall be protected by a hydraulic relief that will allow the nozzle to rotate or slip when encountering an object too difficult to penetrate. Resetting a mechanical device shall be unnecessary. A 3-way changeover valve shall be provided to redirect the volume nozzle flow to the piercing nozzle. The 3- way valve shall be a ball type for long life with minimal service. A single lever quick opening manual override shall be provided for the 3-way valve. The piercing nozzle shall be capable of aligning with the telescoping boom for optimum positioning for piercing curved surfaces. The piercing nozzle shall be capable of piercing the aircraft skin at the 30 degree boom rotation angle. This will allow for piercing the cabin at any point over the wing area for maximum interior coverage. The piercing nozzle shall be capable of piercing in both the horizontal or vertical direction, depending on the circumstances.Piercing action shall be by fully proportional valve control allowing for controlled piercing speed 1 of 31 and controlled piercing depth.Piercing action shall be continuous full power for piercing of multiple layers without reduction in piercing force. When"pierce"position is selected,the tip nozzle shall automatically rotate to a"Park"position to provide for maximum piercing depth of 36" [914 mm]. Evidence shall be submitted indicating that the piercing nozzle, in its normal mounting configuration, can successfully penetrate the fuselage of the types and sizes of aircraft typically using the airport facility. Tests data shall include points of entry best suited to maximize the effectiveness of the nozzle spray pattern. Piercing Nozzle Extensions: A 12" [305 mm] Extension shall be provided that can readily attach to the standard piercing nozzle tube to provide increased piercing depth as might be required for cargo containers or aircraft attic areas. Dry Chemical Discharge: The dry chemical agent shall discharge through a Hydro-Chem nozzle providing an encapsulated dry chemical discharge within the water/foam stream for maximum throw distance and accuracy. Supply to the nozzle shall be with a full flow 1-1/2" [38mm] hose attached to an automatic spring rewind hose reel equipped with a ball bearing swivel joint to prevent clogging of seals with dry chemical powder. Reel/hose shall be mounted to the lower boom assembly to allow for smooth deployment and rewinding of the hose as the extendible turret is elevated, extended or tilted. A minimum flow rate of 12 lbs [5.5 kg] per second shall be required throughout the full range of motion. SNOZZLE HRET- CAMERA SYSTEMS There will be a FUR Systems, MD324, Forward Looking Infrared camera attached to the volume nozzle assembly to aid the driver and crew during complete darkness, severe weather, smoky, foggy or other low visibility conditions. The camera will have pan or azimuth movement of plus/minus 180 degrees and elevation movement of plus/minus 45 degrees. The camera will have a user selectable and adjustable auto park feature and will be hermetically sealed for use in extreme outdoor environments. The camera's image sensor will be minimum 320 x 240 Vox micro bolometer with frame rate of 30 Hz and spectral band of 7.5-13.5 micrometers. The camera system will provide multiple color pallet options for the image. The camera will have a 200%zoom capability and will have a time to image of no more than 2 seconds. A mini joystick controller will be integrated into a control pad with switches for all functions. The camera image will be viewed in a dash mounted monitor. There will be a full color, compact,high resolution, shock resistant,weatherproof, 360 degree rotating camera attached to the volume nozzle assembly. The camera will move in conjunction with nozzle motion to allow remote controlled positioning. A flat screen color monitor will be provided for the operator's position. Video transmission will be via cable carried within the upper boom. The camera image will be viewed in a dash mounted monitor. UNDERTRUCK NOZZLES There will be four(4)undertruck nozzles provided to discharge water/foam beneath the vehicle as well as the inner sides of the wheels and tires spaced in a pattern from the front axle to the rear axle of the chassis. The 2 of 31 nozzles will be brass construction and will be capable of flowing 19 gpm (72 1pm) each with a total flow of 76 gpm (288 1pm). The system will be activated from the cab. BODY COMPONENTS COMPARTMENTS The compartments will be weather-tight,vented, drained to allow collected water to run out under the vehicle and equipped with roller shutter type doors. The doors will have aluminum slats with an anodized finish. The individual door slats will be replaceable. The opening and lift bar will be stainless steel and will be an easy open style. The roller will be maximum 3" diameter to provide maximum interior space for compartments. The compartments will have LED strip lights. The lights will activate automatically when the compartment door is opened and the vehicle is parked. A visual and audible alarm will activate in the cab when doors are opened and vehicle is placed in gear. The vehicle will have adequate compartment space to enclose the firefighting systems and storage of rescue equipment. The compartmentation will include one upper compartment and two lower compartments per side, left and right. The lower compartments will have minimum door opening sizes of 50" (127 cm)height and 62" (157.4 cm)width. The compartments will be fabricated aluminum sheet material and the interior will be painted with a grey spatter type finish. The vehicle will have single piece matting placed in the bottom of each compartment and the bottom of each shelf. The matting will be PVC type or approved equal. The matting will be impervious to water or foam. The matting will afford some amount of protection for the floor finish and keep objects from direct contact with the shelving and compartment floor. The matting will allow water to flow to any drains or lowermost part of the compartment floor. REAR ACCESS LADDER There will be a sturdy vertical ladder attached the rear of the vehicle and centered to provide access to the roof. The ladder will have a folding design so the lower most section can be stowed out of the way. The folding section will have a positive latching system with latches on both sides to keep the ladder safely in place. The ladder will be round grip material. HANDRAILS There will be extruded aluminum slip-resistant handrails or guardrail at all steps,walkways, and elevated workstations. RUNNING BOARDS, STEPS,WALKWAYS AND TOWING DEVICES Running boards, step surfaces, ladder rungs,walkways, and catwalks will have antiskid treads. Stainless steel scuff plates will be installed on bottom lip of all compartments and in heavy use areas of cab door frames. Two (2)towing hooks/eyes with shackles will be attached directly to the frame rails at the front and rear of the vehicle. 3 of 31 REAR ENGINE ACCESS DOORS Walk-in access to the engine, cooling system and electrical components will be provided on each side of the vehicle by large swing-out style doors made of light weight fiberglass material. The doors will be opened with a latch handle large enough for a gloved hand to grasp.When open, the doors will lock in place and unlocking will be done by a latch inside the compartment opening. When the door swings open, a sturdy aluminum step will swing out from under the vehicle. When the doors closes, the step will swing back in place under the vehicle. The step surface will be grip type. An audible alarm will activate in the cab when doors are opened and vehicle is placed in gear. UPPER LEFT SIDE COMPARTMENT There will be an air hose reel provided in the upper left-side compartment mounted to the floor equipped with 200 ft. (60 m) of 0.50 in. (12.7 mm) I.D. hose. A 0.375 in. (9.6 mm)NPT fitting and female style quick disconnect will be connected to the end of the hoseline. A four-way roller guide will be provided for the hose reel to prevent the hose from chafing and kinking. The hoseline will be equipped with a rubber ball stop to prevent the hose from pulling through on the roller guides during rewind operations. The hose reel will have a 24-volt DC electric rewind motor and provisions for manual rewind. The manual rewind handle will be securley stored near the hose reel. A pressure protected air supply from the chassis air system will be connected to the hose reel. The air supply lines will be routed with minumum bends and located or guarded from damage. A heavy duty step will be provided inside the front left-side lower compartment which will manually tilt down and drop into place for access to the upper left-side compartment. UPPER RIGHT SIDE COMPARTMENT There will be one (1) tilt-down slide-out tray provided in the upper right-side compartment. A heavy duty step will be provided inside the front right-side lower compartment which will manually tilt down and drop into place for access to the upper right-side compartment. LOWER LEFT SIDE COMPARTMENT There will be a dual agent hose reel for dry chemical and water/foam mounted in the left-side compartment equipped with 100 ft. (30 m) of 1.00 in. (25 mm) dual agen twinned booster hose. The hose reel will be swing- out type with a lock to keep the reel in place at 45 and 90 degrees. The hose reel will be equipped with a 24-volt DC electric rewind motor and manual rewind provisions. The "Hydro-Chem" nozzle will be capable of discharging 60 gpm (227 1pm)of water/foam solution and 7 pps (2.3 - 3.2 kgs.per second)of dry chemical with a minimum range of 80 ft. (24 m). Charging of the dry chemical tank and engaging of the water pump will be activated in the cab. Blow down controls will be provided at the 4of31 reel.Roller guides will be provided at the sides and bottom of the hose reel to assure ease of deployment when hose is taken off the reel. A tension device will be installed to prevent the unreeling of the hose. RIGHT FRONT COMPARTMENT There will be one (1)height-adjustable roll-out shelf mounted in the lower portion and one (1) fixed roll-out shelf mounted in the upper portion of the lower right front compartment. The shelves will be able to lock in place when deployed. The shelves will have a single latch bar to lock and unlock. RIGHT REAR COMPARTMENT There will be one (1)height-adjustable roll-out shelf mounted in the lower right rear compartment. The shelf will be able to lock in place when deployed. The shelf will have a single latch bar to lock and unlock. MANUALS OPERATOR'S MANUAL One (1)hard copy and one (1) digital copy will be provided. SERVICE AND MAINTENANCE MANUAL One (1)hard copy and one (1) digital copy will be provided. PARTS MANUAL One (1)hard copy and one (1) digital copy will be provided. Warranty The contractor shall provide a One-year warranty as a minimum. 1. Base vehicle—One year 2. Engine—Four years 3. Transmission—Five years 4. Suspension system—Five years 5. Water Pump—Five years 6. Water/Foam Tank—Lifetime The warranty statement shall include the following: 1. Manufacturer's obligations 2. Duration of warranty period 3. Warranty procedure 4. Disclaimers On-site Training (Ten-8 Provided) At time of delivery the successful bidder shall provide a factory-trained technician, from the manufacturers' headquarters, to perform the following: 5 of 31 • Post-delivery inspection of the finished vehicle • Prepare vehicle for service • Complete final adjustments to all operating systems • Conduct operator familiarization training for each shift of operators • Conduct basic maintenance familiarization training for the maintenance staff Pre-Construction Conference (Ten-8 Provided) Factory Inspection Visit(Ten-8 Provided) Chassis Manufacturer Certification Chassis manufacturer shall be ISO 9001 certified for the production of heavy trucks. Claims of self-certification programs are self serving and are not acceptable for this procurement activity. Third parry verification is required given the import and scope of the equipment and the purchaser's equipment procurement program. Certification documentation of chassis manufacturer compliance with 9001 FROM AN ACCREDITED THIRD PARTY is required in the bid package. Bids not including this documentation will be deemed not acceptable. 6 of 31 LEASE FINANCING PROPOSAL EXHIBIT B Requested by Jeff Calcutt Representing ryo,*, 7111111FE111111o'o`NvwS FIRE '& SAFETY Presented To(As Lessee) Monroe County, FL Proposal Date: August 19,2024 Equipment Description: (1)Oshkosh Striker 6x6 Snozzle R50 ARFF Truck Commencement Date: September 25,2024 Option 1 Equipment Cost: $1,590,500 Escrow Discount: $90,869 Amount Financed: $1,499,631 Lease Term: 9 Years Il:iiirst II::"ayirrient Date': 9/25/2026 Payment Frequency: Annual Net Effective Rate: 4.10% Interest Rate: 5.19% Payment Amount: $223,767.17 Truck funds available after May 25,2026 to cover escrow discount(20 months) Escrow discouig is a csnnseIry ntive elstwta ate baseld and tsday's rate and dellivety schedule,Final a:ntanowg will be delterminned at closing, Qualifications: 1.Pricing:This is a lease proposal for the payment stream(s)indicated above. If any of the information identified above are not correct,please advise us so that we can determine if a new proposal is required. Other important elements of this proposal are: a)Rate Expiration: Due to the current increasing rate markets,this proposal is valid under the following circumstances: -The award is received within 30 days of the Proposal Date. -The transaction is closed within 60 days off the Proposal Date. If you are unable to award within 30 days,please contact us prior to your decision meeting date and we will provide a current proposal. b)Closing Costs: There will be no up-front costs of any kind charged by Lessor including closing costs,points,administrative costs,etc. Your attorney may charge you to review the lease documents and complete the opinion letter required with our lease documentation. c)Fixed Rates: Rates for ten(10)years and under are fixed for the entire term. Terms over ten years have a one time rate adjustment after ten(10)years to the then current interest rates for the remaining term. 2.Type of Lease: This is a lease-purchase type of financing. After all the lease payments are made,Lessee will own the equipment without further cost. 3. Financial Reporting: All city,county and tax districts(including fire districts)will be expected to provide GAAP audited financial reports. All non- for profit corporations(vfd's)will be expected to provide IRS 990 federal tax returns. If you do not maintain these types of financial reports,please contact us to discuss. 4. Vendor Payable/Escrow Account(where applicable): Proceeds of this lease will be held in a vendor payable account until delivery/acceptance. Projected escrow earnings have been pre-applied to reduce the amount financed.Additional escrow earnings over estimate will accrue to Lessee minus escrow management costs of$750. Truck funds available after May 25,2026 to cover escrow discount(20 months). The net effective rate reflects estimated escrow earnings. The actual Interest Rate on the reduced borrowing amount is provided below the Net Effective Rate. 5. Credit Approval and Documentation:This is a proposal only,and does not represent a commitment to lease. This financing is subject to credit review and approval and execution of mutually acceptable documentation,including the opinion of lessee's counsel opining that the agreement is legal, valid and binding,obligation of Lessee. Financing by: Leasing 2, Inc. Contact: Brad Meyers Phone: 813-258-9888 x12 Email: bmeyers@leasing2.com Web: www.leasing2.com El REQUEST TO PROCEED: When you are ready to proceed with Leasing 2 towards finalizing this lease financing arrangement,please indicate so by signing below and completing the requested information. We will immediately email you our application. Thank you for your confidence and consideration. Proposal date: August 19,2024 Option Chosen: (where applicable) Upcoming Governing Body meeting date for lease approval: Monroe County, FL Name of Lessee Authorized Signature Date Title Printed Name Of Authorized Signature Last month of your budget year? Contact Name Contact Phone Contact Email (If Different ThanAuthorized Signature) Financial Contact Name Contact Phone Contact Email (Can be Treasurer or Clerk) Please complete the above information and fax ore ail all pages of the proposal to 13- ,3,3,3/bmeyers@leasing2.com , NROE Cotl � Awn �c�r�� Fca� I��r ��11��rIIlI11111Illllll Illllllf lllllJll/��IIII��IlllJl µV� ��,� � �� P��.-�.�� ASSO(::W11 OR PE1 0 J. D c c�y r�z n re,ra I Ae rc. A I T �� A. u0000000000000000000000000000i00000000000000 Date _ &2,2124 ** Resolution ill be requiredi lease contract ** In the event that you require board action to sign this proposal, please call us so that we may forward the preferred form for the meeting. Are you ready to move forward with Leasing 2? Here is a quick overview of our process 1. Signed Proposal - When you are ready to move forward with Leasing 2, email a scan of the completed and signed proposal back to Leasing 2. 2. Credit Application -A credit application and request for current financial reports will be emailed to the designated contacts upon receipt of the signed proposal. The credit application should be completed and returned promptly to protect your quoted interest rates. Credit approval usually comes within a few days receipt of the completed credit application. 3. Financing Agreement-Once credit approval is accomplished, the financing agreement will be emailed for review and signature. Once the contracts are signed and returned, we are ready for closing. EXHIBIT C LEASE-PURCHASE AGREEMENT LESSEE: LESSOR: Monroe County, Florida Leasing 2, Inc. 1100 Simonton Street 1720 West Cass Street Key West, FL 33040 Tampa, FL 33606-1230 Dated as of September 25, 2024 This Lease-Purchase Agreement(the"Agreement")dated as of September 25,2024 by and between Leasing 2, Inc. ("Lessor"),and Monroe County, Florida ("Lessee"),a body corporate and politic duly organized and existing under the laws of the State of Florida("State"). WITNESSETH: WHEREAS,Lessor desires to lease the Equipment,as hereinafter defined,to Lessee,and Lessee desires to lease the Equipment from Lessor,subject to the terms and conditions of and for the purposes set forth in this Agreement;and WHEREAS,Lessee is authorized under the Constitution and laws of the State to enter into this Agreement for the purposes set forth herein; NOW,THEREFORE,for and in consideration of the premises hereinafter contained,the parties hereby agree as follows. ARTICLE I DEFINITIONS Section 1.01. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement"means this Lease-Purchase Agreement,including the Exhibits attached hereto,as the same may be supplemented or amended from time to time in accordance with the terms hereof. "Commencement Date"is the date when the term of this Agreement begins and Lessee's obligation to pay rent accrues,which shall be the commencement date shown on the Exhibit E Payment Schedule. "Equipment"means the property described in Exhibit D and which is the subject of this Agreement, "Lease Term"means the Original Term and all Renewal Terms provided for in this Agreement under Section 4.01. "Lessee"means the entity which is described in the first paragraph of this Agreement and which is leasing the Equipment from Lessor under the provisions of this Agreement. "Lessor'means(i)Leasing 2,Inc.,acting as Lessor hereunder;(ii)any surviving resulting or transferee corporation;and(iii)except where the context requires otherwise,any assignee(s) of Lessor. "Original Term"means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date. "Purchase Price"means the amount indicated with respect to any date after payment of all Rental Payments(defined below)due through such date,all as set forth in Exhibit E hereto,or Supplemental Exhibit E hereto,as the case may be. "Renewal Terms"means the renewal terms of this Agreement as provided for in Article IV of this Agreement,each having a duration of one year and a term co-extensive with the Lessee's fiscal year,except the last of such automatic renewal terms which shall end on the due date of the last Rental Payment set forth in Exhibit E to this Agreement. "Rental Payments"means the basic rental payments payable by Lessee pursuant to the provisions of this Agreement during the Lease Term, payable in consideration of the right of Lessee to use the Equipment during the then current portion of the Lease Term. Rental Payments shall be payable by Lessee to the Lessor or its assignee in the amounts and at the times during the Lease Term,as set forth in Exhibit E of this Agreement. "Vendor"means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessee has purchased or is purchasing the Equipment. ARTICLE I I COVENANTS OF LESSEE Section 2.01 Lessee represents,covenants and warrants,for the benefit of Lessor and its assignees,as follows: (a) Lessee is a public body,corporate and politic,duly organized and existing under the Constitution and laws of the State. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body,corporate and politic. (c) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby,and to perform all of its obligations hereunder. (d) Lessee has been duly authorized to execute and deliver this Agreement under the terms and provisions of the resolution of its governing body,attached hereto as Exhibit A,or by other appropriate official approval,and further represents,covenants and warrants that all requirements have been met,and procedures have occurred in order to ensure the enforceability of this Agreement,and Lessee has complied with such public bidding,requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder. Lessee shall cause to be executed and delivered to Lessor an opinion of its counsel substantially in the form attached hereto as Exhibit B. (e) During the term of this Agreement,the Equipment will be used by Lessee only for the purpose of performing one or more essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and Will not be used in.a trade or business of any person or entity other than the Lessee. (f) During the period this Agreement is in force,Lessee will annually provide Lessor with such current financial statements,budgets,proof of appropriation for ensuing fiscal year or such other financial information relating to the decision of Lesseeto continue this Agreement as may be reasonably requested by Lessor or its assignee. (g) The Equipment will have a useful life in the hands of the Lessee that is substantially in excess of the Original Term and all Renewal Terms. (h)The Equipment is,and during the period this Agreement is in force will remain,personal property and when subjected to use by the Lessee under this Agreement,will not be or become fixtures. (i) Lessee shall not voluntarily or involuntarily create,incur,assume or suffer to exist any lien,security interest or other encumbrance or attachment of any kind whatsoever on,affecting or with respect to the Equipment. 0) Lessee shall not give up possession or control of the Equipment. (k) Lessee shall not change the location of the Equipment without giving prior written notice of the proposed new location to the Lessor and provided that Lessee shall obtain and deliver to Lessor any landlord waivers reasonably requested by Lessor so as to protect Lessor's right,title and interest in and to the Equipment and Lessor's ability to exercise its remedies with regard to the Equipment.The Equipment shall not be used outside of the United States without Lessor's prior written consent. (1) Lessee shall not alter or modify the Equipment in any manner which would reduce the value or the marketability thereof. (m) Lessee will take no action that will cause the interest portion of any Rental Payment to become includable in gross income of the recipient for purposes of federal income taxation under the Code,and Lessee will take,and will cause its officers,employees and agents to take,all affirmative action legally within its power to prevent such interest from being includable in gross income for purposes of federal income taxation under Section 103(a)of the United States Internal Revenue Code of 1986 as amended(the"Code").Lessee represents and warrants that the Lease is to be treated as an obligation of a political subdivision of a state within the meaning of Section 103(c)(1)of the Code. (n)Lessee is and shall remain in compliance with all laws,rules,regulations and orders applicable to Lessee,including U.S.economic and trade sanctions,and anti-corruption,anti- bribery,anti-money laundering and anti-terrorism laws. ARTICLE III LEASE OF EQUIPMENT Section 3.01 Lessor hereby demises,leases and lets to Lessee,and Lessee rents,leases and hires from Lessor,the Equipment,in accordance with the provisions of this Agreement,to have and to hold for the Lease Term. ARTICLE IV LEASE TERM Section 4.01. Commencement of Lease Term. The Original Term of this Agreement shall commence on the Commencement Date and shall terminate on the last day of Lessee's fiscal year then in effect. Lessee may renew this Agreement beyond the expiration of the Original Term,or beyond the expiration of any Renewal Term then in effect,up to the number of additional fiscal years provided in Exhibit E of this Agreement by appropriating sufficient funds to make scheduled Rental Payments for the ensuing fiscal year(each a"Renewal Term"). Terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term,except that the Rental Payments shall be as provided in Exhibit E of this Agreement. Section 4.02. Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events: I (a) The expiration of the Original Term or any Renewal Term of this Agreement and the non-renewal of this Agreement in the event of non-appropriation of funds pursuant to Section 6.07; (b) The exercise by Lessee of the option to purchase the Equipment before expiration of this Agreement granted under the provisions of Articles IX or XI of this Agreement; (c) A default by Lessee and Lessor's election to terminate this Agreement under Article XIII;or (d) Payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder through the full lease term. Section 4.03. Return of Equipment on Termination. Upon expiration or earlier termination of the Original Term or any Renewal Term under any provision of this Agreement at a time when Lessee does not exercise its option to purchase the Equipment granted under the provisions of Articles IX or XI of this Agreement,Lessee hereby agrees to deliver the Equipment to Lessor packaged or otherwise prepared in a manner suitable for shipment by truck or rail common carrier to a location specified by Lessor. All expenses resulting from the return of Equipment on termination will be borne by Lessee. ARTICLE V ENJOYMENT OF EQUIPMENT Section 5.01. Provided that no default or event of default shall have occurred hereunder,Lessor hereby covenants that during the Lease Term Lessor will not interfere with Lessee's quiet use and enjoyment of the Equipment. Lessor shall have the right,in accordance with Key West International Airports'standard operating procedures,at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment. ARTICLE VI RENTAL PAYMENTS Section 6.01. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee. Section 6.02. Payment of Rental Payments. During the Original Term and during each Renewal Term elected by Lessee,Lessee shall pay Rental Payments,exclusively from any and all legally available funds budgeted and appropriated by the Board of County Commissioners of the Lessee each fiscal yearof the Lessee,in lawful money of the United States of America, exclusively to Lessor or,in the event of assignment by Lessor,to its assignee,in the amounts and on the dates set forth in Exhibit E hereto. Rental Payments shall be in consideration for Lessee's use of the Equipment during the applicable year in which such payments are due.The Rental Payment amounts set forth in Exhibit E are based on the Equipment Cost to be paid by Lessor being the amount set forth in Exhibit E.Lessor shall have no obligation to pay or disburse any amount greater than the amount set forth as the Equipment Cost.Lessee shall not amend any purchase contract,purchase order,or any other agreement that would have the effect of increasing the cost of the Equipment above set forth in Exhibit E as the Equipment Cost without the prior written consent of Lessor. In the event that the actual cost of the Equipment is greater than the amount set forth in Exhibit E,Lessee shall be solely responsible for and hereby agrees to promptly pay such excess to the vendor(s), provided that Lessee may request that Lessor finance such excess,which Lessor may,in its sole discretion elect to do or decline to do.Lessee shall indemnify and hold Lessor harmless from and against any loss,damages,costs and expenses resulting from or relating to any increase in the Equipment Cost.If Lessor,in its sole discretion,elects to finance such excess the amount of each installment of rent will be increased to provide the same yield to Lessor as would have been obtained if the actual cost had been the same as the stated Equipment Cost.In such event,Lessee shall at the request of Lessor execute..rnd deliver an amendment reflecting the increase in the Equipment Cost and the Rental Payments.There shall be no lien on or security interest in any funds or property of the Lessee;;including but not limited to the Equipment and the legally available funds budgeted and appropriated to make Rental Payments hereunder. Section 6.03. Interest and Principal Components. A portion of each Rental Payment is paid as,and represents payment of,interest,and the balance of each Rental Payment is paid as, and represents payment of principal. Exhibit E hereto sets forth the interest component and the principal component of each Rental Payment during the Lease Term. Section 6.04. Additional Interest in the Event the Interest is Taxable. Lessee acknowledges that Lessor's,yield with respect to this Agreement is dependent upon the full amount of each Rental Payment being excluded from Lessor's income pursuant to the Code. Accordingly,,if at any time,as a result of a determination that Lessee has breached a representation or covenant contained herein,any payment of either the interest component or the principal component of any Rental Payment is,in the opinion of counsel for the Lessor,subject to or affected by any income,preference,excess profits,minimum or other federal tax,Lessee shall pay,as additional interest,an amount which is necessary to provide to Lessor the same net income as Lessor would have received but for such event. Lessor's calculations of such additional interest shall be binding upon Lessee in the absence of manifest error. Section 6.05. Rental Payments to be Unconditional. During the Original Term and during each Renewal Term elected by Lessee,the obligations of Lessee to make payment of the Rental Payments required under this Article VI and other sections hereof and to perform and observe the covenants and agreements contained herein shall be absolute and unconditional in all events,except as expressly provided under this Agreement. Notwithstanding any dispute between Lessee and Lessor,any Vendor or any other person,Lessee agrees to pay all Rental Payments when due and shall not withhold any Rental Payments pending final resolution of such dispute,nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such payments when required under this Agreement. Lessee's obligation to make Rental Payments during the Original Term or the then current Renewal Term elected by Lessee shall not be abated through accident or unforeseen circumstances. Section 6.06. Continuation of Lease Term by Lessee. Lessee currently intends,subject to the provisions of Section 6.07,to continue the Lease Term through the Original Term and all the Renewal Terms hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Original Term and each of the Renewal Terms can be obtained. The officer of Lessee responsible for budget preparation shall do all things lawfully within his/her power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such payments to the extent necessary in each annual budget submitted and adopted in accordance with applicable provisions of State law, to have such portion of the budget approved, and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Notwithstanding the foregoing,the decision whether or riot to budget and appropriate funds is within the discretion of Lessee's governing body. Section 6.07. Termination by Nonappropriation. In the event Lessee does not appropriate sufficient funds for the payment of the Rental Payments scheduled to be paid in the next occurring Renewal Term,then this Agreement shall automatically terminate at the end of the then current Original Term or Renewal Term,and Lessee shall not be obligated to make payment of the Rental Payments provided for in this Agreement beyond the end of the then current Original or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 90 days prior to the end of the then current Original or Renewal Term. Section 6.08. Late Charges. If any Rental Payment is not paid in full to Lessor within fifteen(15)days after the payment first became due and payable,Lessee shall immediately pay to Lessor an additional one time late charge equal to five(5%)per or,if less the maximum rate permitted by law,of each such amount past due along with the Rental Payment. If any Rental Payment remains unpaid beyond 45 days after it first became due and payable,or if Lessor has elected to exercise any remedies following an event or default,interest shall accrue on past due amounts at the rate of 1%per month or the highest rate allowed by law,whichever is less.Partial payments by Lessee shall be applied first to the accrued interest component of past due Rental Payments and the balance to the remaining principal component of past due Rental Payments. Section 6.09. Prepayment. Lessee shall have the right to prepay principal components of Rental Payments in whole on any date set forth in Exhibit E by paying the then applicable Purchase Price set forth in Exhibit E on such date. ARTICLE VII TITLE TO EQUIPMENT Section 7.01. Title to the Equipment. During the term of this Agreement,title to the Equipment and any and all additions,repairs,replacements or modifications shall vest in Lessee, subject to the rights of Lessor under this Agreement. In the event of default as set forth in Section 13.01 or nonappropriation as set forth in Section 6.07, Lessee agrees to surrender possession of the Equipment to Lessor. Lessee and Lessor intend for federal income tax purposes under the Internal Revenue Code of 1986,as amended,that this Agreement constitutes a financing lease or an installment sale contract rather than a true lease. ARTICLE VIII MAINTENANCE;MODIFICATION;TAXES;INSURANCE AND OTHER CHARGES Section 8.01. Maintenance of Equipment by Lessee. Lessee agrees that at all times during the Lease Term Lessee will,at Lessee's own cost and expense,maintain,preserve and keep the Equipment in good repair,working order and condition,and that Lessee will from time to time make or cause to be made all necessary and proper repairs,replacements and renewals. Lessor shall have no responsibility in any of these matters,or for the making of improvements or additions to the Equipment. Section 8.02. Taxes,Other Governmental Charges and Utility Charges. In the event that the use,possession or acquisition of the Equipment is found to be subject to taxation in any form(except for income taxes of Lessor),Lessee will pay during the Lease Term,as the same respectively come due,all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Equipment and any equipment or other property acquired by Lessee in substitution for,as a renewal or replacement of,or a modification,improvement or addition to the Equipment,as well as all gas,water,steam,electricity,heat,power,telephone,utility and other charges incurred in the operation,maintenance,use,occupancy and upkeep of the Equipment;provided that,with respect to any governmental charges that may lawfully be paid in installments over a period of years,Lessee shall be obligated to pay only such installments as have accrued during the time this Agreement is in effect. Section 8.03. Provisions Regarding Insurance. At its own expense,Lessee shall cause casualty,public liability and property damage insurance to be carried and maintained,or shall demonstrate to the satisfaction of Lessor that adequate self-insurance is provided with respect to the Equipment,sufficient to protect the Full Insurable Value(as that term is hereinafter defined)of the Equipment,and to protect Lessor from liability in all events. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Alternatively,Lessee may insure the Equipment under a blanket insurance policy or policies which cover not only the Equipment but other properties. If Lessee insures similar properties by self-insurance and upon approval by Lessor,Lessee may insure the Equipment by means of an adequate insurance fund. 2 The term"Full Insurable Value"as used herein shall mean the full replacement value of the Equipment. Any insurance policy pursuant to this Section 8.03 shall be so written or endorsed as to make losses,if any,payable to Lessee and Lessor as their respective interests may appear. The Net Proceeds(as defined in Section 9.01)of the insurance required in this Section 8.03 shall be applied as provided in Article IX hereof. Each insurance policy provided for in this Section 8.03 shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interest of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation. Section 8.04. Advances. In the event Lessee shall fail to perform any of its obligations hereunder Lessor may(but shall be under no obligation to)take such action as may be necessary to cure such failure,including,without limitation,the advancement of money;and all amounts so advanced by Lessor shall become additional rent for the then current Original Term or Renewal Term,which amounts,together with interest thereon at the rate of 12%per annum,or if less the maximum rate permitted by law,Lessee agrees to pay. ARTICLE IX DAMAGE,DESTRUCTION AND CONDEMNATION: USE OF NET PROCEEDS Section 9.01. Damage,Destruction and Condemnation. If prior to the termination of the Lease Term(a)the Equipment or any portion thereof is destroyed(in whole or in part)or is damaged by fire or other casualty or(b)title to,or the temporary use of the Equipment or any part thereof or the estate of Lessee or Lessor in the Equipment or any part thereof shall be taken under the exercise of the power eminent domain by any governmental body or by any person,firm or corporation acting under governmental authority,Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement,repair,restoration,modification or improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of Section 8.03 and this Article IX,the term"Net Proceeds"shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses(including attorney's fees)incurred in the collection of such claims or award. Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair,restoration,modification or improvement referred to in Section 9.01 hereof,Lessee shall either(a)complete the work and pay any cost in excess of the amount of Net Proceeds,and Lessee agrees that if by reason of any such insufficiency of the Net Proceeds,Lessee shall make any payments pursuant to the provisions of this Section 9.02,Lessee shall not be entitled to any reimbursement therefore from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article VI hereof or(b)if Lessee is not in default hereunder,Lessee shall pay to Lessor the amount of the then applicable Purchase Price,and,upon such payment,the Lease Term shall terminate and Lessor's interest in the Equipment shall terminate as provided in Article XI of this Agreement. The amount of the Net Proceeds in excess of the then applicable Purchase Price,if any,may be retained by Lessee. ARTICLE X DISCLAIMER OF WARRANTIES;VENDOR'S WARRANTIES;USE OF EQUIPMENT Section 10.01. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION,EITHER EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE::EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. In no event shall Lessor be liable for any incidental,indirect,special or consequential damage in connection with or arising out of this Agreement or the existence,furnishing,functioning or Lessee's use of any item of Equipment. Section 10.02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term,so long as Lessee shall not be in default hereunder, to assert from time to time whatever claims and rights,including warranties of the Equipment,if any which Lessor may have against the Vendor of the Equipment. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Equipment,,and not against the Lessor, nor shall such matter have any effect whatsoever on the rights of Lessor with respect to this Agreement,including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made,no representation or warranties whatsoever as to the existence or availability of such warranties of the Vendor of the Equipment. Section 10.03. Use of the Equipment. Lessee will not install,use,operate or maintain the Equipment improperly,carelessly,in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses,if any,necessary for the installation and operation of the Equipment. In addition,Lessee agrees to comply in all respects(including,without limitation,with respect to the use, maintenance and operation of each item of the Equipment)with all laws of the jurisdictions in which its operations involving any item of Equipment may extend and any legislative,executive,administrative or judicial body exercising any power or jurisdiction over the items of the Equipment; provided,however,that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not,in the reasonable opinion of the Lessor,adversely affect the estate of Lessor in and to any of the items of the Equipment or its interest or rights under this Agreement. ARTICLE XI OPTION TO PURCHASE Section 11.01 At the request of Lessee,Lessor's interest in the Equipment and additional Rental Payments will be terminated and this Agreement shall terminate: (a) At the end of the final Renewal Term,upon payment by Lessee of all Rental Payments scheduled as set forth in Exhibit E to this Agreement;or (b) if the Lease Term is terminated pursuant to Article IX of this Agreement,in the event of total damage,destruction or condemnation of the Equipment;or (c) any time when Lessee is not on such date in default under this Agreement,upon payment by Lessee of the then applicable Purchase Price to Lessor. Upon the occurrence of any of such events,Lessor shall,if requested by Lessee,deliver a Bill of Sale of its remaining interest in the Equipment to Lessee"AS IS-WHERE IS"without additional cost or payment by Lessee. ARTICLE XII ASSIGNMENT,SUBLEASING,INDEMNIFICATION MORTGAGING AND SELLING Section 12.01. Assignment by Lessor. ThisFgreement,and the rights of Lessor hereunder, may be assigned and reassigned in whole or in part to one or more assignees and subassignees by Lessor at any time subsequent to its execution„,without the necessity of obtaining the consent of Lessee;provided,however,that no such assignment or reassignment shall be effective unless and until(i)Lessee shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee,and(ii)in the event that such assignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement,such bank or trust company agrees to maintain,or cause to be maintained,a book entry system by which a,record of names and addresses of such holders as of any particular time is kept and agrees,upon request of the Lessee,to furnish such information to Lessee. Upon receipt of notice of assignment,Lessee agrees to keep a written record thereof,and to make all payments to the assignee designated in the notice of assignment,notwithstanding any claim,defense,setoff or counterclaim whatsoever(whether arising from a breach of this Agreement or otherwise)that Lessee may from time to time have against Lessor,or the assignee. Lessee agrees to execute all documents which may be reasonably requested by Lessor or its assignee to protect their interests in this Agreement. Section 12.02. No Sale.Assignment or Subleasing by Lessee, This Agreement and the interest of Lessee in the Equipment may not be sold,assigned or encumbered by Lessee without the prior written consent of Lessor. Section 12.03. Lessee Negligence. To the extent permitted by the laws and Constitution of the State,Lessee shall protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into this Agreement,the ownership of any item of the Equipment,the ordering,acquisition,use,operation,condition, purchase,delivery,rejection,storage or return of any item of the Equipment or any accident in connection with the operation,use,condition,possession,storage or return of any item of the Equipment resulting in damage to property or injury to or death of any person,to the extent that such liability,obligation,loss,claim or damage arises out of or is proximately caused by the negligent conduct of Lessee,its officers,employees or agents.The obligation of Lessee arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all other obligations under this Agreement or the termination of the Lease Term for any reason. ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES Section 13.01. Events of Default Defined. The following shall be"events of default"under this Agreement and the terms"event of default"and"default"shall mean,whenever they are used in this Agreement,any one or more of the following events: (a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein;and (b) Failure by Lessee to observe and perform any covenant,condition or agreement on its part to be observed or performed,other than as referred to in Section 13.01 (a),fora period of 30 days after written notice,specifying such failure and requesting that it be remedied as given to Lessee by Lessor,unless Lessor shall agree in writing to an extension of such time prior to the expiration,provided,however,if the failure stated in the notice cannot be corrected within the applicable period,Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected. (c) The filing by Lessee of a voluntary petition in bankruptcy,or failure by Lessee promptly to lift any execution,garnishment,or attachment of such consequence as would impair the ability of Lessee to carry on its governmental function or adjudication of Lessee as a bankrupt or assignment by Lessee for the benefit of creditors,or the entry by Lessee into an agreement of composition with creditors,or the approval by a court of competent jurisdiction of a petition applicable to Lessee in any proceedings instituted under the provisions of the Federal Bankruptcy Statute,as amended,or under any similar acts which may hereafter be enacted. The foregoing provisions of this Section 13.01 are subject to(i)the provisions of Section 6.07 hereof with respect to non appropriation;and(ii)if by reason of force maieure Lessee is unable in whole or in part to carry out its agreement on its part herein contained,other than the obligations on the part of Lessee contained in Article VI hereof,Lessee shall not be deemed in default during the continuance of such inability. The term"force majeure"as used herein shall mean,without limitation,the following: acts of God;strikes,lockouts or other employee 3 relations disturbances;acts of public enemies;orders or restraints of any kind of the government of the United States of America or the state wherein Lessee is located or any of their departments,agencies or officials,or any civil or military authority,insurrections;riots;landslides;earthquakes;fires;storms;droughts;floods;or explosions. Section 13.02. Remedies on Default. Whenever any event of default referred to in Section 13.01 hereof shall have happened and be continuing,Lessee agrees to return the equipment to Lessor and Lessor shall have the right at its sole option without any further demand or notice,to take either one or both of the following remedial steps: (a) Accept surrender from Lessee of the equipment for sale or release by Lessor in a commercially reasonable manner. All proceeds of such sale or re-letting shall inure to Lessor, provided,however,if such proceeds after deduction of Lessor's reasonable costs and expenses,including attorneys'fees,incurred to recover possession,restore or clean-up and sell or release the equipment,exceed an amount equal to the sum of the past due but unpaid Rental Payments and an amount equal to the then applicable purchase price,Lessor shall remit the amount of such excess to Lessee;or (b) Institute an action in a court of competent jurisdiction to recover Lessor's compensatory damages resulting from Lessee's default. Lessor agrees that it shall not have a right to seek any remedy of specific performance nor shall Lessor have any"self-help"right to take possession of the equipment absent Lessee's voluntary surrender thereof. Section 13.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy give under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver hereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. ARTICLE XIV MISCELLANEOUS Section 14.01. Notices. All notices,certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid,to the parties at their respective places of business. Section 14.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 14.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. Section 14.04. Amendments. The terms of the Agreement shall not be waived,altered,modified,supplemented or amended in any manner whatsoever except by written instrument signed by the Lessor and the Lessee. Section 14.05. Execution in Counterparts. This Agreement may be executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. Section 14.06. Delayed Closing. In the event of a delayed closing,Lessor shall receive as additional compensation any amount that accrues between the Commencement Date and the Closing Date. Section 14.07. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 14.08.Captions. The captions or headings in this Agreement are for convenience only and do not define,limit or describe the scope or intent of any provisions of sections of this Agreement. Section 14.09. Entire Agreement. This Agreement and the executed Exhibits attached hereto constitute the entire agreement between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties,and then such waiver,consent,modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein, regarding this Agreement or the equipment leased hereunder. Section 14.10.Counterparts:Electronic Signature. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties.Each party hereby acknowledges and agrees that this Agreement constitutes an Electronic Record and may be executed using Electronic Signatures(including,without limitation,facsimile,.pdf and DocuSign)and shall be considered original signatures for all purposes,and shall have the same legal effect,validity and enforceability as a paper record. For purposes hereof,"Electronic Record"and"Electronic Signature"shall have the meanings assigned to them,respectively,by 15 USC§7006,as it maybe amended from time to time. Section 14.11. Correction of Documents. Lessee agrees to execute and deliver,or provide,as required by Lessor,any documents and information,from time to time,that may be necessary for the purpose of correcting any errors or omissions in this Agreement or to reflect the true intent of Lessor in this transaction. All such documents and information must be satisfactory to Lessor. Section 14.12 WAIVER OF JURY TRIAL. Lessee and Lessor hereby irrevocably waive any right to a jury trial with respect to any matter arising under or in connection with this Agreement and agree that any dispute shall be determined by a court sitting without a jury. Section 14.13. Performance Bonds. If requested by Lessor to facilitate payments to vendors in advance of delivery and acceptance,Lessee agrees to require the Equipment manufacturer,and all other contractors and/or subcontractors fbollectiveily„"Contractors")with whom Lessee has contracted for the acquisition of the Equipment,to provide performance bond satisfactory to Lessor conditioned upon the construction of the Equipment as expeditiously as reasonably possible from the date of execution of such Lease and also conditioned upon delivery of possession of the Equipment to the Lessee free and clear of all liens and encumbrances,except the security interest granted to Lessor under the Lease- Purchase Agreement. Each such bond shall be in a form and with a surety acceptable to Lessor and shall name Lessor as a dual obligee. The Lessee shall proceed promptly to pursue diligently any remedies available against a Contractor that is in default under any agreement relating to the acquisition and construction of the Equipment and/or against each surety on any bond securing the performance of such Contractor's obligations with respect to the acquisition and construction of the Equipment. The Lessee and Lessor shall cause the net proceeds recovered by way of the foregoing to be applied,at Lessor's option,to(i)the completion of the Equipment,or(ii)the payment of all rent payments then due plus the then applicable Termination Balance. Any balance of net proceeds remaining after completion of Equipment construction or payment of the outstanding balance owed under the applicable Lease shall be paid promptly to Lessee. Section 14.14. Time is of the Essence. Lessor and Lessee agree that time is of the essence of all provisions of each Lease entered into under this Agreement. Any terms and conditions of any purchase order or other document submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement. Lessee by the signature below of its authorized representative acknowledges that it has read this Agreement,understands it,and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,Lessor has executed this Agreement in its corporate name and by its duly authorized officer,and Lessee has caused this Agreement to be executed in its corporate name and by its duly authorized officer. All of the above occurred as of the date first written below;this Agreement shall be binding on Lessee beginning on the date it is accepted and executed by Lessor. LESSOR: Leasing 2, Inc. By: Title: Date: LESSEE: Monroe County, Florida By: SIGNER TBD Title: SIGNER TITLE TBD 4 Date: 2 EXHIBIT D ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Escrow Agreement") is made and entered into as of September 25, 2024 ("Escrow Agreement Date"), by and among Leasing 2, Inc. or its assigns ("Lessor"), Monroe County, Florida ("Lessee") and Zions Bancorporation, National Association ("Escrow Agent"). RECITALS WHEREAS, Lessor and Lessee have entered into the Lease-Purchase Agreement dated September 25, 2024 (the "Lease"), pursuant to which the equipment more particularly described therein (the"Equipment")will be leased to the Lessee under the terms stated in the Lease; WHEREAS, Lessor and Lessee desire to make funding arrangements for the acquisition of the Equipment, and Escrow Agent agrees to serve as escrow agent for such funding and acquisition; WHEREAS, Escrow Agent is hereby notified that Lessor expects to assign all of its right,title, and interest in and to, but not its obligations under, the Lease and this Escrow Agreement to Santander Bank, N.A.,including, in particular, but without limitation, and Lessor's right to approve all payment requests submitted by Lessee and Lessor's security interest in the Fund (as defined herein). NOW THEREFORE, in consideration of the mutual agreements and covenant herein contained and for other valuable consideration, the parties hereby agree as follows: 1. Escrow Agent shall undertake the duties and obligations of escrow agent as set forth in this Escrow Agreement. Escrow Agent shall not be deemed to be a party to the Lease. 2. Lessor has delivered to Escrow Agent the sum of$ 1,499,01.00 ("Escrow Amount")for deposit by Escrow Agent in an Escrow Account established in connection with the Lease (the "Fund"). The Fund will be administered by Escrow Agent pursuant to the terms of this Escrow Agreement. Lessee acknowledges that Escrow Agent may commingle the Escrow Amount held by Escrow Agent for the benefit of Lessee with other funds held by Escrow Agent for its"own account, so long as the Escrow Agent maintains segregation of the Fund on the books and records of Escrow Agent. The Escrow Amount shall not be the property of the Escrow Agent, notwithstanding the fact that it may be commingled with other funds of the Escrow Agent. 3. Deposits in the Fund shall be used to pay for the acquisition of the Equipment. The Equipment may be acquired as individual items or as groups of items. Escrow Agent shall make disbursements from the Fund in payment for the acquisition of each item or group of items of the Equipment promptly upon receipt of a properly executed Escrow Disbursement Request Form, in the form attached hereto as "Exhibit A", for that portion of the acquisition of the Equipment for which payment is requested. Upon full acquisition of an item or group of items of the Equipment, any remaining cost of such item or group of items shall be disbursed promptly by the Escrow Agent upon receipt of a properly executed Acceptance Certificate and a corresponding Escrow Disbursement Request Form in the form attached hereto as"Exhibit A",for that portion of the Equipment for which payment is requested. Payment by Escrow Agent shall be to the payee shown on the Escrow Disbursement Request Form. Escrow Agent may deduct overnight mailing fees from the Fund prior to any disbursement requested by Lessee in writing to be sent via overnight mail. 4. Lessee shall pay all of the fees, costs;and expenses of the Escrow Agent, including as follows, $750.00 One-Time Fee which is fully earned, non-refundable and payable in arrears from investment interest earnings and with no proration for early termination. 5. Investment: (a)Government Obligations,which means bills, certificates of indebtedness, notes, bonds or similar securities that are direct obligations of, or the principal and interest of which are unconditionally guaranteed by, the United States of America. (b) Money Market Funds registered under the Federal Investment Company Act of 1940, as amended, whose shares are registered under the Securities Act, and which are rated in the highest rating category by S&P, Moody's or Fitch. Providing, however, that notwithstanding anything herein,the yield on the Fund shall not be allowed to exceed the yield on the Lease. If the yield on the Fund at any time exceeds the yield on the Lease,the Lessor shall direct the Escrow Agent to invest the Fund in a lower yielding investment such that no arbitrage is earned on the Fund. Any interest, income, or other amounts received as the result of the investment of the Escrow Fund shall be added to the account, unless otherwise agreed upon by the Lessor and/or Lessee. Escrow Agent shall not be responsible or liable for any diminution of principal, interest, or penalty on any investments of the Escrow Fund and any such diminution or penalty cost shall be the responsibility of the Lessee. Lessor and Lessee acknowledge that Escrow Agent is not providing investment supervision, recommendations, or advice. No stocks, external exchange-traded mutual funds, or other equity securities shall be held as assets under this Agreement unless the Lessor shall have confirmed in writing that an outside broker is in place to facilitate trades. Escrow Agent shall maintain the Fund until termination of the Fund pursuant to Section 6 hereof. 6. Upon execution of one or more Acceptance Certificates by Lessee and payment of acquisition costs by Escrow Agent for all the Equipment, this Escrow Agreement shall terminate and the Fund shall be closed. If not terminated earlier, this Escrow Agreement shall terminate and the Fund shall close on the date that is three years after the Escrow Agreement Date("Termination Date"). Upon termination of this Escrow Agreement and closing of the Fund, Escrow Agent shall transfer all remaining principal in the Fund to Lessor and such amounts shall be applied by Lessor to Lessee's next Rental Payment. Lessee agrees that any interest earned on the Escrow Amount held in the Fund in excess of the costs of the Equipment will be paid to Lessee. ESCROW AGREEMENT - PAGE 1 OF 2 7. Lessor and Lessee may by written agreement between themselves remove the Escrow Agent, at any time and for any reason, and appoint a successor escrow agent. Such removal shall not be effective until thirty(30)days after written notice thereof if provided to Escrow Agent. 8. Escrow Agent may at any time and for any reason resign as Escrow Agent by giving written notice to Lessor and Lessee of its intention to resign and of the proposed date of resignation,which date shall be not less than thirty(30)days after giving Lessee and Lessor written notice of intent to resign, nor less than thirty (30)days after being appointed by Lessor and Lessee. 9. Escrow Agent shall have no obligation under the terms of this Escrow Agreement to make any disbursement except from the Fund. Escrow Agent makes no warranties or representations as to the Equipment or as to performance of the obligations of Lessor or Lessee under this Escrow Agreement or the Lease. 10. Escrow Agent shall be entitled to rely in good faith upon any documents signed by a party hereto and shall have no duty to investigate the veracity of such documents. Escrow Agent(i)may assume that any person giving notice pursuant to the terms hereof is authorized to do so and (ii)shall not be liable for good faith reliance thereon. 11. Except to the extent it would invalidate the Lease or otherwise be prohibited by law,to secure the payment of all Lessee's obligations under the Lease, Lessee, grants to Lessor a security interest constituting a first lien on the Escrow Amount and on all amounts held in the Fund and any proceeds therefrom. Lessee hereby authorizes Lessor to prepare and file such financing statements, any amendments thereto and other such documents to establish and maintain such first lien and perfected security interest. Lessee hereby acknowledges the receipt of copies of the financing statements prepared by Lessor and hereby confirms the accuracy of the information contained therein. Lessee further agrees to execute such additional documents, including affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest, and upon assignment, the security interest of any assignee of Lessor,in the Equipment. To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time comprising the Fund, Lessor hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash negotiable instruments on behalf of Lessor. 12. The Lessor and Lessee,to the extent permitted by law, hereby agree toindemnify, defend, protect and hold the Escrow Agent, its affiliates, its officers, directors, agents and employees, harmless from and against any and all claims, losses, liability, damages, costs or expenses that the Escrow Agent may suffer or incur arising out of or in connection with the acceptance or administration of this Escrow Agreement or the performance of its duties hereunder, including reasonable attorneys' fees, but excluding any losses, liability, damages, costs or expenses due to the Escrow Agent's negligence or willful misconduct or its failure to act in accordance with the terms of this Escrow Agreement. The Escrow Agent agrees to indemnify, defend, protect and hold the Lessor, its affiliates, its officers, directors, agents and employees, harmless from and against any and all claims, losses, liability, damages, costs or expenses that the Lessor may suffer or incur directly arising from the performance of its obligations under this Agreement, subject to and in an amount not to exceed one (1)year's fees or the Escrow Agent's one-time fee,whichever is greater(based on the fees paid by the Lessor for the services provided pursuant to this Agreement), in each case, as determined by a court of competent jurisdiction in a final non-appealable order; provided, that the Lessor shall not be entitled to indemnification hereunder for claims, losses, liability,damages, costs or expenses arising from Lessor's negligence or willful misconduct or its failure to act in accordance with the terms of this Escrow Agreement. This indemnity shall survive the termination of this Escrow Agreement or the removal or resignation of the Escrow Agent. 13. Taxes. Escrow Agent shall not be responsible or liable for the preparation or filing of any reports or returns relating to federal, state or local taxes relating in any way to this Escrow Agreement, other than for Escrow Agent's own compensation or for the reimbursement of its own expenses(and then only as required by applicable law). 14. Tax Reporting Documentation. Lessor and Lessee agree that any earnings or proceeds received on, or distributions of, earnings or proceeds from the Fund during a calendar year period shall be treated as the income of the Fund and shall be reported on an annual basis by Escrow Agent on the appropriate United States Internal Revenue Service ("IRS")Form 1099 (or Form 1042- S as applicable for a non-United States person), as required pursuant to the Internal Revenue Code of 1986, as amended (the "Code")and the regulations thereunder. Lessor and Lessee and Escrow Agent agree that Escrow Agent will not be responsible for providing tax reporting and withholding for payments which are for compensation for services performed by an employee or independent contractor. Lessor and Lessee shall upon execution of this Escrow Agreement provide to Escrow Agent a completed and properly executed IRS Form W-9 or Form W-8, as the case may be, or other tax identification number evidence if either Lessor or Lessee is a government entity, together with any other documentation and information reasonably requested by Escrow Agent in connection with Escrow Agent's tax reporting obligations under the Code and the regulations thereunder including,without limitation, a completed and properly executed Form W-9 or Form W-8, as the case may be, for any and all persons to whom any securities, or funds or proceeds from the Fund, are paid or distributed to in connection Escrow Agent's responsibilities under this Escrow Agreement (collectively, the "Tax Reporting Documentation"). With respect to Escrow Agent's tax reporting obligations under the Code and any other applicable law or regulation,the Lessor and Lessee understand, acknowledge, and agree that, in the event that valid Tax Reporting Documentation is not provided to Escrow Agent, Escrow Agent may be required to withhold tax from the Fund and report account information on any earnings, proceeds or distributions from the Fund and Lessor and Lessee hereby release Escrow Agent from any and all liability, costs, expenses, claims or causes of action from or related to any withholding made by Escrow Agent in connection with the foregoing. Income earnings on the Fund shall be attributable to Lessee unless the Lessor and Lessee otherwise designate in writing to Escrow Agent. Should Escrow Agent become liable for the payment of taxes, including withholding taxes relating to any funds, including interest and penalties thereon, held by it pursuant to this Escrow Agreement or any payment made hereunder, Escrow Agent shall satisfy such liability to the extent possible ESCROW AGREEMENT - PAGE 2 OF 2 from Escrow Account. Lessor and Lessee, jointly and severally, agree to indemnify and hold Escrow Agent harmless from and against any tax, late payment, interest, penalty or other cost or expense that may be assessed against Escrow Agent on or with respect to the Fund and the investment thereof unless such tax, late payment, interest, penalty or other expense was directly caused by the gross negligence or willful misconduct of Escrow Agent. This indemnification is in addition to the indemnification provided in other sections of this Escrow Agreement and shall survive the resignation or removal of Escrow Agent and the termination or assignment of this Escrow Agreement. Lessor and Lessee acknowledge that Escrow Agent cannot make any payments under this Escrow Agreement unless it receives a completed and properly executed IRS Form W-9 or Form W-8, as the case may be, for each payee and income recipient. 15. Escheatment. Lessor and Lessee understand, acknowledge, and agree that under applicable state law, property which is abandoned or presumed or deemed abandoned may under certain circumstances escheat to the applicable state. Escrow Agent shall have no liability to either Lessor or Lessee, their respective heirs, legal representatives, successors, assigns, or any other party, should any or all of the Fund escheat by operation of law. 16. This Escrow Agreement may be amended only by written agreement executed by all the parties. 17. This Escrow Agreement may be executed in several counterparts, each of which shall be an original. 18. This Escrow Agreement will be governed by and construed in accordance with the laws of the state in which the Lessee is organized. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the state first written above. LESSOR: Leasing 2, Inc. BY: Name: Title: LESSEE: Monroe County, Florida BY: Name: SIGNER TBD Title: SIGNER TITLE TBD ESCROW AGENT: Zions Bancorporation, National Association BY: Name: Title: ESCROW AGREEMENT - PAGE 3 OF 2 ESCROW AGREEMENT—Exhibit A ESCROW DISBURSEMENT REQUEST FORM Zions Bancorporation, National Association,acting as escrow agent(the "Escrow Agent")under the Escrow Agreement dated as of September 25, 2024, by and among the Escrow Agent, Leasing 2, Inc. ("Lessor")and Monroe County, Florida (" Lessee")(the"Escrow Agreement'), is hereby requested to pay to the person or corporation designated below as payee the sum set forth below in payment of the acquisition and installation costs of the equipment described below,which equipment was financed pursuant to that certain Lease-Purchase Agreement dated September 25,2024, by and between Lessor and Lessee(the"Lease"). The amount shown below is due and payable under the attached vendor invoice(s)of payee with respect to the described equipment and has not formed the basis of any prior request for payment from the escrow account established under the Escrow Agreement. PAYEE: AMOUNT: DESCRIPTION OF EQUIPMENT: INVOICE# DATED: Indicate Method for Payment Disbursement: Overnight Check Regular Mail Check Wire Funds Mailing Address: Wire Instructions: "'Please note that there might be a fee charged for overnight delivery. This fee will be deducted from the escrow balance before disbursement is made. Lessee: Monroe County, Florida By: Name: SIGNER TBD Title: SIGNER TITLE TBD Assignee: Santander Bank, N.A. By: Authorized Signer ACCEPTANCE CERTIFICATE Lessee hereby acknowledges receipt in good condition of all the equipment described above and included on the attached vendor invoice(s), hereby accepts such equipment, and hereby certifies that Lessor or its assignee has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease with regard to such equipment, that such equipment is fully insured in accordance with Section 8.03 of the Lease and that such equipment constitutes all or a portion of the Equipment as that term as defined in the Lease. Date: Lessee: Monroe County, Florida By: Name: SIGNER TBD Title: SIGNER TITLE TBD Escrow Agreement-Exhibit A EXHIBIT E ADDENDUM TO LEASE CONTRACT Monroe County, Florida, a political subdivision of the State of Florida (the "County") and Leasing 2, Inc. 1720 West Cass Street, Suite B Tampa, FL 33606 (the "Lessor") (the "Lessor') are entering into certain contract document(s)designated as: Lease Purchase Agreement-dated September 25, 2024, and all addenda and attachments thereto (collectively the "Contract") for the lease or lease-purchase of certain equipment,vehicles and/or other personal property(the "Equipment")by the County from the Lessor, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the County and the Lessor agree as follows: 1. Any provision of the Contract to the contrary notwithstanding, Florida law shall apply herein and in the interpretation and enforcement of the Contract without regard to Florida's choice of law rules and the County does not waive the County's home venue privilege as provided by Florida law. Accordingly, the venue for any action on the contract shall be the court of appropriate jurisdiction in Monroe County, Florida. Any provision of the Contract to the contrary notwithstanding, County does not consent to submission to arbitration,binding or otherwise,for resolution of any claim under the contract. 2. Under Florida law, the County can only be bound to the express written terms of a contract. State,Agency for Health Care Admin. v. MIED, Inc., 869 So.2d 13(Fla. 1 st DCA 2004); County of Brevard v. Miorelli Eng'g Inc., 703 Sc 2d 1049(Fla. 1997) 3. Under Florida law,private parties who contract with the County do so at their peril and are bound to ascertain the legal limits of the County's authority to enter into such contracts. Regardless of the provisions of such contracts,the County will not be bound to contractual provisions which are contrary to Florida law. See,Ramsey v.Kissimmee, 139 Fla. 107, 190 So.474(Fla.1939) City of Hollywood v. Witt, 789 So.2d 1130(Fla.4th DCA 2001);Palm Beach County Health Care Dist.v.Everglades Mem'I Hosp.,Inc.,658 So.2d 07(Fla.4th DCA 1995);City of Panama City v. T&A Utilities Contractors, 606 So. 2d 744(Fla. 1 st DCA 1992); Club on the Bay, Inc. v. City of Miami Beach,439 So.2d 325(Fla. 3d DCA 1983),rev.den., 439 So.2d 325(Fla. 1984); Town of Indian River Shores v. Coll,378 So.2d 53(Fla.4th DCA 1979) 4. Under Florida law,the County cannot grant a security interest in real or personal property,, See, Florida Attorney General Opinion 98-71 (1998) Should the Contract provide that title to the Equipment is transferred to the County,a provision in the Contract which requires the Equipment be delivered back to the Lessor and/or reconveyed upon default or other contingency could be construed as an attempt to grant or a security interest in the Equipment and disallowed under Florida law. In such event, Lessor shall still have all other remedies set forth in the Contract available to it. See generally, Florida Attorney General Opinion 80-9(1980), 5. Under Florida law,except in very limited circumstances,the County cannot indemnify a private entity. See, Florida Attorney General Opinions 2000-22 (2000);93-34(1993) Should the Contract provide for the County to indemnify the Lessor,notwithstanding such provision,the County shall only be bound to such provision to extent allowable under Florida law and all risk that such indemnity provision is unenforceable is on the Lessor. 6. Under Florida law, the County cannot be required to pay,interest or penalties for late payments except as set out in the Local Government Prompt Payment Act in Part VII,Ch.218.70 et seq.,Florida Statutes, 7. Any provision of the Contract to the contrary notwithstanding,the Lessor assumes all risk that the Contract does not comply with Florida law including, without limitation,the provisions of Florida law referenced above. The rendering of any provisions of the Contract unenforceable by the operation of law shall not be deemed a material breach of the Contract nor relieve any party of its rights or obligations which may remain under the Contract. As the Lessor assumes all risk that a provision of fha Contract may be rendered unenforceable under Florida law, the Lessor shall not able to claim that it justifiably relied on any representation it believes may have been made by the County to the contrary 8. Any provision of the Contract to the contrary notwithstanding, the County shall have no obligation to make payments under the Contract in any fiscal year in which the County's Board of County Commissioners has failed to appropriate funds for the Contract in the County's budget in accordance with the County's statutory budget process. In the event that funds are not appropriated for the Contract,then the Contract shall terminate as of September 30 of the last fiscal year for which funds were appropriated. The County shall notify the Lessor in writing of any such non-appropriation of funds at the earliest practical date. 9. The County warrants that, (1)the County is,and at all times during the term of the Contract shall remain,an"issuer of tax exempt obligations"because the County is a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of 1986,as amended,and (2)the County shall, during the term of the Contract, use the Equipment only for essential,traditional government purposes. Any provision of the Contract to the contrary notwithstanding, the rights and duties of the parties under the terms of the Contract are not contingent on the transaction set out in the Contract or the payments to be made under the Contract receiving(or not receiving)any particular tax treatment by the United States Internal Revenue Service, the Florida Department of Revenue or any other Federal, State or local taxing authority, except that, should the County breach any of the warranties set out in this paragraph,the amounts due to the Lessor under the Contract shall be adjusted upward to compensate the Lessor for any extra tax liability incurred by the Lessor due to such breach. 10. Any provision of the Contract to the contrary notwithstanding, the County does not pledge the full faith and credit of the County, nor does the County pledge any ad valorem taxes or other moneys other than moneys lawfully appropriated by the County's Board of County Commissioners from time to time. Lessor shall not have the right to require or compel the County's Board of County Commissioners to exercise the County's ad valorem taxing power or appropriate any funds to obtain the payment or performance of any of the County's obligations created by the Contract. 1 it. Any provision of the Contract to the contrary notwithstanding, the County shall not become liable under the Contract until and unless the County acknowledges(in writing and after reasonable inspection)that the Equipment has been delivered timely, is the particular Equipment ordered and is in good working order. Such written acknowledgment shall not relieve the Lessor of its obligations to concerning defects in the Equipment which are discovered thereafter. 12. Any provision of the Contract to the contrary notwithstanding,all manufacturer warranties and guarantees,express and implied,and rights to services in connection with such warranties and guarantees,concerning the Equipment,shall be assigned to the County on the effective date of the Contract and may thereafter be enforced by the County in its own name,such assignment of and authority of the County to enforce such warranties and guarantees being effective only for so long as the Contract has not been terminated by an event of default,an event of nonappropriation,or otherwise. The Lessor will execute and deliver to the County all writings reasonably required by the County to accomplish the same. 13. Any provision of the Contract to the contrary notwithstanding,the parties mutually and forever waive the right to recover any consequential, incidental, indirect,special or punitive damages, including,without limitation, loss of future revenue, income or profits, in any legal proceeding(s)arising out of or relating to the Contract. This waiver shall apply to legal actions sounding in both contract and tort and shall apply whether or not the possibility of such damages has been disclosed in advance or could have been reasonably foreseen. This provision shall survive the termination of the Contract. 14. The existence of this addendum shall be referenced in the documents making up the Contract as well as the legal opinion letter and resolution of the Board approving and authorizing execution of the Contract. However,the failure to make any such reference(s)shall not affect the enforceability of this addendum. LESSOR: Leasing 2, Inc. By: Title: Date: LESSEE: Monroe County, Florida By: SIGNER TBD Title: SIGNER TITLE TBD Date: 2 MMMMIM= FSA Cooperative Purchasing Program .............. F LO RI DA SHERIFFS ASSOCIATION I FSA23-VEF17.0 Fire & Rescue Vehicles, Boats, & Equipment Terms and Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Table of Contents 1.0 General Conditions...........................................................................................................................................4 1.01 BID CORRESPONDENCE............................................................................................................................4 1.02 PURPOSE..................................................................................................................................................4 1.03 TERM OF CONTRACT................................................................................................................................4 1.04 QUANTITI ES.............................................................................................................................................4 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER.....................................................................................4 1.06 FUNDING..................................................................................................................................................5 1.07 CURRENCY................................................................................................................................................5 1.08 DEFINITIONS............................................................................................................................................5 1.09 ELIGIBLE PURCHASERS OF CONTRACT.....................................................................................................6 1.10 LEGAL REQUIREMENTS............................................................................................................................7 1.11 PATENTS& ROYALTIES.............................................................................................................................7 1.12 FEDERAL AND STATE STANDARDS...........................................................................................................7 1.13 UNDERWRITERS' LABORATORIES............................................................................................................7 1.14 AMERICANS WITH DISABILITIES ACT.......................................................................................................8 1.15 REASONABLE ACCOMMODATION ...........................................................................................................8 1.16 MINORITY BUSINESS ENTERPRISE (MBE).................................................................................................8 1.17 ANTI-DISCRIMINATION............................................................................................................................8 1.18 BEST COMMERCIAL PRACTICES...............................................................................................................8 1.19 PUBLIC ENTITY CRIMES(PEC)...................................................................................................................8 1.20 TAX EXEMPTION ......................................................................................................................................9 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT.............................................................................9 1.22 COMMUNICATIONS.................................................................................................................................9 1.23 CLARIFICATION AND ADDENDA...............................................................................................................9 1.24 SIGNED BID CONSIDERED AN OFFER.....................................................................................................10 1.25 ASSIGNMENT OF CONTRACT.................................................................................................................10 1.26 TERMINATION OF PRODUCT LINE..........................................................................................................10 1.27 METHOD OF AWARD.............................................................................................................................10 1.28 DEMONSTRATION OF COMPETENCY.....................................................................................................11 1.29 VENDOR ABILITY TO PERFORM..............................................................................................................11 1.30 FINANCIAL RESPONSIBILITY...................................................................................................................11 1.31 QUALITY AND SAFETY............................................................................................................................12 1.32 NONCONFORMANCE.............................................................................................................................12 1.33 GRATUITIES............................................................................................................................................12 Page 1 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.34 TIE BIDS..................................................................................................................................................12 1.35 RIGHTTO AUDIT....................................................................................................................................12 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS...................................................................................13 1.37 ELIMINATION FROM CONSIDERATION..................................................................................................13 1.38 PERFORMANCE BONDS,AND CERTIFICATES OF INSURANCE................................................................14 1.39 COLLUSION ............................................................................................................................................14 1.40 DEFAULT................................................................................................................................................14 1.41 PROTESTS AND ARBITRATION................................................................................................................14 1.42 NONPERFORMANCE..............................................................................................................................15 1.43 SEVERABILITY.........................................................................................................................................16 1.44 TERMINATION FOR CAUSE.....................................................................................................................16 1.45 TERMINATION WITHOUT CAUSE...........................................................................................................17 1.46 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO...........................................................................17 2.0 BIDDER INSTRUCTIONS........................................................................................................................................18 2.01 BIDDER QUALIFICATIONS.......................................................................................................................18 2.02 LICENSING& FACILITIES.........................................................................................................................18 2.03 INSURANCE AND INDEMNIFICATION.....................................................................................................19 2.04 ITEM SPECIFICATIONS............................................................................................................................20 2.05 FIXED PRICES..........................................................................................................................................21 2.06 DISCOUNTS............................................................................................................................................21 2.07 SEALED BIDS...........................................................................................................................................21 2.08 EXCEPTIONS...........................................................................................................................................21 2.09 MISTAKES...............................................................................................................................................21 2.10 EQUIVALENTS........................................................................................................................................21 2.11 PRE-BID MEETING..................................................................................................................................22 2.12 PRICES QUOTED.....................................................................................................................................22 2.13 OPTION PRICING....................................................................................................................................22 2.14 EMERGENCY LIGHTS AND SIRENS..........................................................................................................23 2.15 BID SUBMISSION....................................................................................................................................23 2.16 EXECUTION OF BID.................................................................................................................................24 2.17 MODIFICATION OR WITHDRAWALS OF BIDS.........................................................................................24 2.18 LATE BIDS...............................................................................................................................................24 2.19 PUBLIC BID OPENING.............................................................................................................................25 2.20 DETERMINATION OF RESPONSIVENESS.................................................................................................25 2.21 RESPONSIBLE BIDDER CRITERIA.............................................................................................................25 2.22 BASIS FOR AWARD.................................................................................................................................25 2.23 BID TABULATIONS..................................................................................................................................26 Page 2 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.24 MINOR IRREGULARITIES/RIGHT TO REJECT.........................................................................................26 2.25 CONE OF SILENCE...................................................................................................................................26 3.0 CONTRACT CONDITIONS......................................................................................................................................27 3.01 GENERAL REQUIREMENTS.....................................................................................................................27 3.02 STATEMENT OF AUTHORITY..................................................................................................................27 3.03 VENDOR CONTACT INFORMATION........................................................................................................27 3.04 ADDITIONS AND DELETIONS..................................................................................................................27 3.05 CONTRACT EXTENSION..........................................................................................................................27 3.06 PRICE ADJUSTMENTS.............................................................................................................................28 3.07 CONDITIONS..........................................................................................................................................29 3.08 PRODUCTION CUTOFF...........................................................................................................................29 3.09 FACILITIES...............................................................................................................................................29 3.10 FACTORY-INSTALLED OPTIONS..............................................................................................................29 3.11 VENDOR-INSTALLED OPTIONS...............................................................................................................29 3.12 NON-SCHEDULED OPTIONS...................................................................................................................30 3.13 AMBULANCE REMOUNT........................................................................................................................30 3.14 FORCE MAJEURE....................................................................................................................................31 3.15 ORDER....................................................................................................................................................31 3.16 DELIVERY................................................................................................................................................32 3.17 INSPECTION AND ACCEPTANCE.............................................................................................................32 3.18 REGISTRATION,TAG AND TITLE.............................................................................................................33 3.19 CAB AND CHASSIS PURCHASES..............................................................................................................33 3.20 INVOICING AND PAYMENTS..................................................................................................................33 3.21 WARRANTY............................................................................................................................................33 3.22 PURCHASE ORDERS................................................................................................................................33 3.23 QUARTERLY REPORTS............................................................................................................................34 3.24 ADMINISTRATIVE FEE ............................................................................................................................34 3.25 LIQUIDATED DAMAGES..........................................................................................................................35 AppendixA: Bid Calendar............................................................................................................................................37 AppendixB:ACH Payments.........................................................................................................................................38 AppendixC: Federal Clauses........................................................................................................................................39 Page 3 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.0 General Conditions 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association, "FSA". Please be sure to reference the bid number and title,and provide your contact information. Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail 1.02 PURPOSE The purpose of this bid is to establish contracts with manufacturers and manufacturer's authorized dealers for contract terms specified under Section 1.03 for the purchase of items on a "no trade-in basis." If a purchaser has a desire to offer vehicles/equipment for trade to the vendor,the purchaser and dealer may do so at their sole discretion,separate and apart from this contract.The Florida Sheriffs Association invites interested bidders, including manufacturers and dealers or authorized representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. 1.03 TERM OF CONTRACT This contract shall remain in effect for one two-year(2)term from date of contract execution by the FSA,and may be extended by mutual agreement,at the sole option and discretion of the FSA.The initial term of contract begins April 1,2023 and ends March 31,2025. Contract extensions will only be executed when the FSA determines, based on then-existing conditions,that it is in the best interest of the FSA and the purchasers to do so. 1.04 QUANTITIES Over the last two years,eligible users purchased an average of 237 items from this contract each year. Items sold depend on many factors, including the vendor's marketing efforts,established business with local governments and products awarded. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office.Section 30.53, Florida Statutes,exempts the sheriffs'offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures.The Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs'offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. Page 4 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.06 FUNDING In the case of certain purchasers, including state agencies,funds expended for the purposes of the contract must be appropriated by the Florida Legislature,the individual participating agency or the agency's appropriating authority for each fiscal year included within the contract period. For such agencies,their performances and obligations to pay for products or services under any resulting contract,or purchase order,are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority.Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids,quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 DEFINITIONS The terms used in this contract are defined as the following: A. Base item specification: Items developed by the FSA for bidders to bid on.These items may be unique to FSA and require additional components to the standard manufacturer specifications and equipment. B. Bidder:A bidder or enterprise that submits a formal bid to the FSA Cooperative Purchasing Program in accordance with the FSA CPP Terms and Conditions.A bidder,that is not the manufacturer, must be authorized by the manufacturer to market and sell an item for which they are bidding. C. Bid System:The online application used for the submission of bids and review of bid results for the item specifications connected to this Invitation to Bid.VendorLink is the software used for this bid. D. Build Sheet:A document from the bidder or manufacturer that confirms that the bid item specifications submitted by bidders matches the FSA base item specification. Build sheets include, but are not limited to, the factory options list and door data plate info for the vehicles.They provide details such as engine size and transmission, paint codes, production date,axle code,etc. E. Dealer:An enterprise authorized by the manufacturer to market,sell, provide,and service the items for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part,or independently owned and controlled. F. End User:A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. G. Factory: Refers to the manufacturer produced products. H. Florida Sheriffs Association Cooperative Purchasing Program (FSA):The entity that administers the Invitation to Bid and contract administration functions for this contract. I. Fleet Advisory Committee(committee):An employee of a sheriff's office or other local governmental agency,or person who FSA identifies as subject matter expert who assists with the development of item specifications and evaluation of bid responses.The committee makes recommendations to the FSA and is not responsible for final awards. J. Invitation to Bid:A competitive solicitation and award process established through the issuance of an invitation to bidders,vendors,dealers,and manufacturers to submit a price offer on a specific product to be provided. This term shall include the item specifications available to bidders on the bid system and references to solicitation documents.The term shall not include request for proposals, request for quotes, request for letters of interest,or the solicitation of purchase orders based on oral or written quotations. K. Item Specification Group:The item specification bid document contains the minimum base item specification requirements for each item or group of items within the competitive bid. L. Manufacturer:The original producer or provider of items offered on this contract. M. Manufacturer's Suggested Retail Price(MSRP): Manufacturer's Suggested Retail Price(MSRP) represents Page 5 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions the manufacturer's recommended retail selling price, list price, published list price,or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: a. Manufacturer's computer printouts b. Manufacturer's official website N. Non-Scheduled Options:Any optional new or unused component,feature or configuration that is not included or listed in the base item specifications or options. O. Production Cutoff:A date used by manufacturers to notify vendors and dealers that the factory has reached maximum capacity for orders or are discontinuing the production of an item. P. Published List Price:A standard "quantity of one" price currently available to government and educational purchasers,excluding cooperative,volume discounts or other discounts. Q. Purchase Order:A request for order from a purchaser to an awarded vendor for an item that has been awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes items,vehicles or equipment to a purchaser. R. Purchaser:A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the eligible user criteria or with vendor approval. S. Qualification Packet:This document contains the required forms,attestations,authorizations,and organizational information needed by bidders to submit a successful and complete bid. T. Terms&Conditions:This document serves as the governing contract for the identified FSA contract and bid.Standard regulations, processes, procedures,and compliance requirements are identified herein. Bidders complete a qualification packet during the bid process indicating they agree to comply with the Terms&Conditions,and that this will serve as a contract for both parties. U. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished item in this contract.Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third party suppliers may also be referred to as upfitters or remount service providers within this document. V. Vendor:The bidder that has been awarded items who agrees to provide the items meeting the base item specifications and are in compliance with the terms of the contract. The vendor must agree to the contract terms and conditions,which will serve as the governing contract for items sold. If the vendor is not the manufacturer,the vendor must be certified by the manufacturer to market,sell, provide,and service for an awarded item. W. Vendor Installed:A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids,or contract prices,will be extended and guaranteed to the Florida Sheriffs Association,any unit of local government,political subdivision or agency of the State of Florida.This includes, but is not limited to counties, municipalities,sheriffs'offices,clerks, property appraisers,tax collectors,supervisors of elections,school boards or districts,water management districts,other special districts, police and fire departments,emergency response units,state universities and colleges,or other state, local or regional government entities within the State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C.60A-1.001(2). All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition,bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract,which can include out-of-state sales.Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer's agreement and must agree to the terms and conditions of this contract. Page 6 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.10 LEGAL REQUIREMENTS Federal,State,and local laws,ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. Bidders have the option to certify that they are willing to accept purchase orders funded in whole or in part with federal funds. By opting in, bidders certify that they are willing to comply with the requirements outlined in Appendix C upon receipt of a federally funded purchase order. This is not a requirement of the bid or contract. Bidders are not required to opt-in; however,they are required to indicate whether they will opt-in or opt-out of receiving federally funded purchase orders. FSA has taken actions to provide and develop information, materials, and resources for bidders,vendors and purchasers that will assist in the use of federal funding with this contract. It is the responsibility of the purchaser to determine compliance for each vendor, if they wish to use federal funds for purchase,or intend to request reimbursements using federal funds. 1.11 PATENTS & ROYALTIES The bidder,without exception shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for,or on account of,any copyrighted, patented,or unpatented invention,process,or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design,device or materials covered by letters, patent,or copyright, it is mutually understood and agreed,without exception,that the bid prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all item specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements,and regulations applicable to the type and class of commodities and contractual services being provided.This includes, but is not limited to, Federal Motor Vehicle Safety Standards (FMVSS),Occupational Safety and Health Administration (OSHA), Environmental Protection Agency(EPA) Standards,Society of Automotive Engineers(SAE), Fire Apparatus Vehicle Standards,and Federal Ambulance Standards(KKK-A-1822F),which includes all subsequent change notices.All fire apparatus manufacturers must meet the National Fire Protection Association (NFPA) 1901 and 1906 standards. In addition,any applicable federal or State legal or regulatory requirements laws that become effective during the term of the Contract, regarding the commodities and contractual services'specifications,safety,and environmental requirements shall immediately become part of the Contract.The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists,the vendor shall contact the FSA immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. 1.13 UNDERWRITERS' LABORATORIES Unless otherwise stipulated in the bid,all manufactured items and fabricated assemblies shall be Underwriters' Laboratories,or U.L., listed or re-examination listing where such has been established by U.L.for the item(s) offered and furnished. Page 7 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format,sign language interpreters, information on access for persons with disabilities,or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at(850)877-2165 five business days in advance to initiate your request.TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act,any person requiring an accommodation at the bid opening because of a disability must contact the FSA Human Resources at(850)877-2165. 1.16 MINORITY BUSINESS ENTERPRISE (MBE) As part of the solicitation process FSA makes information available to potentially qualified entities publicly available,and conducts additional outreach to qualified: • Small businesses, • Minority-owned small businesses, • Women-owned small business enterprises,and • Disadvantaged business enterprises. FSA takes necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible,as recommended by 2 C.F.R. §200.321. FSA will: • Evaluate whether small, minority,and women's businesses are potential sources, • Place those qualified small and minority businesses and women's business enterprises on solicitation lists, and • Search the Small Business Administration, Minority Business Development Agency,and Labor Surplus Area reports for additional potential sources. Bidders self-identify in the qualification packet whether they meet the state and federal definitions of a disadvantaged business. 1.17 ANTI-DISCRIMINATION The bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246,as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color, religion,sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence or omission of any description from the item specifications shall be regarded as meaning that only the best commercial practices,size,and design are to be used.All workmanship is to be first quality.All interpretations of this item specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act,Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services Page 8 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 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 vendor,supplier,sub-vendor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser's Federal Excise and State Taxes and Use Certificate Number. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict,the conflict may be resolved in the following order of priority(highest to lowest): • Addenda to Contract Terms and Conditions,if issued • Contract Conditions • Addenda to Item Group Specifications,if issued • Item Specifications • Bidder Instructions • General Conditions 1.22 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the CPP Staff. Bidders should not rely on representations,statements,or explanations other than those made in this bid or in any written addendum to this bid,and no oral representations,statements,or explanations shall be deemed to bind the FSA or eligible users. 1.23 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to The bid title and number should be referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar.Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Interpretation of item specifications or solicitation documents will not be made verbally. If any verbal clarifications are provided,they are without legal effect. Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA reserves the right address technical questions. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event Page 9 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions of conflict with the original item specifications,addenda shall govern to the extent specified.Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website constitutes proper notice of addenda.The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgement of the addenda to the item specifications. Bids that fail to account for the addenda shall reflect in bids being declared nonresponsive; however,that pursuant to Section 2.26,the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all awarded vendors of any addenda and will require acknowledgement of the new terms and conditions. If the awarded vendor does not agree to the new terms and conditions,the vendor's award can be removed or replaced by another vendor or qualified, responsive bidder. 1.24 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon approval by the FSA. The bid submission must be signed by an authorized representative.Submission of a bid in the FSA bid system constitutes a signed bid for purposes of bid evaluation.An electronic signature may be used and shall have the same force and effect as a written signature. 1.25 ASSIGNMENT OF CONTRACT No right or interest in this contract may be assigned,transferred,conveyed,sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this contract,a successor-in-interest must perform all obligations under this contract. FSA reserves the right to reject the acquiring entity as vendor.A change of name agreement will not change the contractual obligations of the vendor. In the event a manufacturer reassigns the product line to an alternate company,the vendor is required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the alternate company is not already an approved FSA vendor,they are required to submit a Qualifications Packet to the FSA to become an approved vendor prior to conducting any qualified sales. FSA may approve such assignments of existing or new vendors at its discretion.The vendor is required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.26 TERMINATION OF PRODUCT LINE If a vendor terminates a product line(manufacturer or brand),the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. FSA may remove the terminated products from the contract. 1.27 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation.The FSA reserves the right to make multiple awards for each item, if deemed in the best interest of the FSA and the purchasers.Awards will be posted on the FSA website according to the date posted in the bid calendar. Page 10 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.28 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time,and have sufficient financial support,equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms"equipment"and "organization"as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available and may require submission of supporting documentation regarding the financial,technical and other qualifications and abilities of a bidder, including past performance with the FSA in making the award. The FSA may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances,the FSA may also require information from the source of supply regarding the quality,packaging and characteristics of the products.Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this bid. Information submitted in the bid may not be plagiarized and,except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 1.29 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor's record of performance and may require submission of supporting documentation to ensure that the vendor is providing sufficient financial support,equipment and organization. If the FSA determines that the vendor no longer possesses the financial support,equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement,the vendor warrants that,to the best of his or her knowledge,there is no pending or threatened action, proceeding,or investigation,or any other legal or financial condition,that would in any way prohibit, restrain,or diminish the vendor's ability to satisfy the obligations of the contract.The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues,or on any similar list maintained by any other state or the federal government.The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.30 FINANCIAL RESPONSIBILITY Bidder affirms by the submission of the bid and by signature on the contract signature form that the bidder: • Has fully read and understands the scope, nature,and quality of work to be performed or the services to be rendered under this bid and has adequate facilities and personnel to fulfill such requirements. • Accepts the financial responsibility associated with this bid and declares that they have the access to Page 11 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award. • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all items bid and quantities that could be ordered,as well as timing of payment from purchasers,which can be 45 calendar days from receipt of invoice. 1.31 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies,materials or equipment covered by this bid shall be new.The items bid must be new,the latest model,of the best quality,and highest-grade workmanship that meet or exceed federal safety standards. Items requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified,the vendor must disclose to the end user that the non-certified options are not required to be certified.All options must meet or exceed federal safety standards. 1.32 NONCONFORMANCE Items may be tested for compliance with item specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.33 GRATUITIES Bidders shall not offer any gratuities,favors,or anything of monetary value to any official,employee,or agent of the FSA,for the purpose of influencing consideration of this bid. Bidders shall disclose in writing any conflicts of interest to FSA prior to any award,or as soon as practical after learning of any such conflict, including any contractual or employment relationships with FSA or potential purchasers of bidders' products or services. 1.34 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids,and both businesses have qualifying drug-free work programs,the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.35 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor's sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees,agents,assigns,successors, Page 12 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions sub-vendors,or third-party suppliers in whatever form they may be kept—written or electronic.Such records shall include, but not be limited to: • Accounting records, including but not limited to purchase orders,confirmation of orders or invoices, paid vouchers,cancelled checks,deposit slips, ledgers,and bank statements; • Written policies and procedures; • Subcontract files(including proposals of successful and unsuccessful bidders, bid recaps,etc.); • Original estimates,quotes,or work sheets; • Contract amendments and change order files; • Insurance documents;or • Memoranda or correspondence. Vendor shall maintain such records during the term of this contract and for a period of three(3)years after the completion of this contract.At the vendor's expense and upon written notice from FSA,the vendor shall provide such records for inspection and audit by FSA or its authorized representatives.Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor's place of business or offsite location for the audit.The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor's employees,agents,assigns,successors,and third-party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor's obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting,overpricing or overcharges(of any nature) by the vendor to FSA or a purchaser in excess of three percent(3%)of the total contract billings,the vendor shall reimburse FSA for the total costs of the audit not to exceed$5,000. If the audit discovers substantive findings related to fraud, misrepresentation,or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor's invoices or records shall be made within a reasonable amount of time(not to exceed 60 calendar days)from presentation of FSA's findings to vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award,the vendor will assume the full duty,obligation and expense of obtaining all necessary licenses, permits and insurance.The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.37 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA,whether in relation to current or previous bid awards or for other business purposes. Page 13 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.38 PERFORMANCE BONDS,AND CERTIFICATES OF INSURANCE After acceptance of bid,the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Insurance Checklist. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre- payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.39 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium.Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage.The parties may collectively choose to agree to increase or decrease the item base price to maximize awards thus denying purchasers a fair price. Bidders or vendors who are found to have engaged in collusion will be considered nonresponsive,and will be suspended or barred from bid participation.Any contract award resulting from collusive bidding may be terminated for default. Further,any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.40 DEFAULT In case of default on the part of vendor,the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources.A defaulting vendor may be held liable for costs incurred by the FSA in procuring replacement products. 1.41 PROTESTS AND ARBITRATION Any person who is adversely affected by the decision or intended decision to award shall file a "Notice of Protest" in writing to the FSA within three(3) business days after the posting of the Intent to Award and shall file a formal written protest within five(5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s).The formal written protest must state with particularity the facts and law upon which the protest is based.Options are for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity,and corrective action will be taken as needed contingent upon the validity of such claims. However,any additional time required and cost incurred by the FSA to substantiate a protesting party's claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party's filing will be reimbursable to the FSA and deducted from the protesting party's bond or security which must accompany their filing. Page 14 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond,cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the item being protested.The bond,cashier's check or money order must be filed at the time of filing the formal written protest or within the five(5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two(2) business days of the notice of protest received.This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party's claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest.The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA,they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration.A demand for arbitration with the American Arbitration Association's(AAA)commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision.Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request,a bond,cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested.This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA,file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement,the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA,and any claims arising from or in any way relating to the procurement process,and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum,judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails,the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees.The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.42 NONPERFORMANCE By virtue of the bid submission,bidder acknowledges its obligation to sell items for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to$1,000 per item,which amount the vendor agrees is reasonable,or probation,suspension,termination or a combination thereof from current and future bids at the FSA's discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor's responsibility,the FSA shall consider all information or evidence that demonstrates the vendor's ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract.The FSA at its sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by items,or other actions as determined by FSA at its sole discretion. At FSA's discretion,vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result in termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. Page 15 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser,the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three(3)years,or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to;failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory,charging amounts exceeding MSRP on factory or vendor installed items and packages,requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser,any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document,and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order consistent with vendor bid quotes or other agreed upon terms and pricing is required by this contract to accept such purchase order and deliver the product.Orders must be fulfilled if the item is a base model or whether it includes options.The vendor must deliver this product if they were awarded the contract—regardless of profit or loss. Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order.Additionally, FSA may seek damages for nonpayment of administrative fees,to which FSA is entitled,according to Section 3.28 and any attorney's fees incurred in the recovery of these damages. 1.43 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason,the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.44 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner,or otherwise violate any of the terms of this contract,the FSA shall have the right to terminate the services remaining to be performed.Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days,the contract may be terminated for cause immediately.The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA,and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event,the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination,net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above,the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor,and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. Page 16 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.45 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination,which shall become effective 30 calendar days following receipt by vendor of such notice. In that event,all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination,except as necessary to complete the continued portion of the contract,if any.The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balance of the contract or cancellation charges. Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.46 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program.The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites,digital marketing campaigns,social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures,flyers and postcards. Vendors may request the logo by contacting 1717t;;x;?ifsrf�� i�ii'Fsr r.�.I'.f,and should include a brief description of how the vendor intends to use the logo.The official FSA sheriff's star and wreath logo may not be used without prior written permission. Page 17 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.0 BIDDER INSTRUCTIONS 2.01 BIDDER QUALIFICATIONS Bidders are required to complete the qualification packet as part of the bid submission.A bidder becomes a qualified bidder if they comply with this section and Section 2.11, Mandatory Pre-Bid Meeting. Qualification Packet information required for bid qualification include: • Qualification form o Contact Information o Business Profile o References(if applicable) o Disqualifications& Defaults o Warranty Service Plan Attestation o Emergency Vehicle Technician Attestation • State compliance attestations o E-Verify o Workers Compensation o Drug-Free Workplace o Motor Vehicles Dealer license • Federal compliance attestations o Certification Regarding Debarment and Suspension o Certification Regarding Lobbying • Contract Signature Form • Insurance Checklist 0 Certificate of Insurance for awarded vendor The qualification packet is located on the bid system. 2.02 LICENSING & FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer's License in order to bid on any motor vehicle. Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If bidders do not have a facility,the bidder must be able to assist purchasers in obtaining warranty work as authorized by the manufacturer. If a bidder does not maintain a facility within the State of Florida,the bidder must have a plan as to how the bidder would service Florida purchasers if awarded the contract.This warranty service plan must demonstrate that the warranty work will be timely and satisfactorily performed and should include: • Whether the warranty service provider is approved by the manufacturer; • If the bidder plans to contract out for service,a copy of the service agreement;and • Service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work,and o Any additional information that would detail how warranty service would be provided. Page 18 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The sufficiency of the Warranty Service Plan may be evaluated by the FSA.The FSA reserves the right to request additional information from a bidder regarding the facility during the solicitation and the term of the contract, if awarded.The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents,employees, partners,or third party suppliers and shall fully indemnify,defend,and hold harmless the Florida Sheriffs Association,the participating agencies,and their officers, agents, and employees from suits,actions,damages,and costs of every name and description, including legal counsels'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 bidder, its agents,employees, partners,or third party suppliers; provided, however,that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor's obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder(1)written notice of any action or threatened action,and (2)the opportunity to take over and settle or defend any such action at bidder's sole expense.Vendor shall not be liable for any cost,expense or compromise incurred by the Florida Sheriffs Association,or participating agencies, in any legal action without bidder's prior written consent,which consent shall not be unreasonably withheld,conditioned,or delayed. The Insurance Checklist summarizes the bidder's insurance coverage obligations, if awarded.Certificates of Insurance,evidencing such coverages and endorsements as required herein,shall be provided no later than five business days prior to the contract award date.The vendor may not begin performance under the contract until such Certificates have been approved by the FSA. The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of the contract. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall specifically and distinctly assume,and does so assume,all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor shall be responsible for the work and every part thereof,and for all materials,tools,appliances and property of every description, used in connection with this particular contract.The vendor at all times during the full duration of work under this contract, including extra work in connection with this contract,shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non- owned,hired and scheduled automobiles,when used in connection with the delivery or service of this contract. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist when the garage is used to complete work on this contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of B+or better per the AM Best Rating. Page 19 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions FSA required insurance coverages must be maintained through the duration of the contract. Upon expiration of the required insurance,the vendor must email updated certificates of insurance for as long a period as any work is still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA. It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract.All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents,servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers,agents,and employees,as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract,and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third-party suppliers.All policies shall be made available to the FSA upon demand.Compliance by the vendor and all third-party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third-party suppliers of their liabilities and obligations under any section or provisions of this contract.Vendor shall be as fully responsible to the FSA for the acts and omissions of the third-party suppliers and of persons employed by them as they are for acts and omissions of persons directly employed by the vendor. The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the written request from FSA.Should the vendor fail to provide acceptable evidence of current insurance during the contract term,the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements;the FSA may consider alternate insurance coverage. 2.04 ITEM SPECIFICATIONS All items covered by this contract shall be the manufacturer's current basic production model,and shall,as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer's latest literature unless otherwise noted in the bid system or FSA base item specification. If awarded, bidders must supply an item that either meets or exceeds all the requirements included in the applicable specifications. Page 20 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The base item specifications are contained in the FSA bid system, may be requested from FSA and are retained within FSA's archive.As part of the bid submission,all bidders will be required to provide information confirmation that the item bid meets the base item specification or may have their bid rejected. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the item into compliance with the contract specifications. FSA develops the item specifications with subject matter experts and publicly available information. However, FSA does not have access to full details from the manufacturer and relies on bidders to assist in this process. Bidders should immediately notify the FSA of any inaccuracies in the item specifications.All notifications of inaccuracies must be in writing. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid,the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or price adjustment as provided herein. 2.06 DISCOUNTS Discounts must be offered on this contract and shall be below Manufacturer's Standard Retail Pricing(MSRP)or manufacturers published list price for each item and option listed. The bidder has the authority to offer additional discounts based on quantity,as well as additional manufacturer or bidder discounts. 2.07 SEALED BIDS For purposes of this solicitation,a sealed bid is considered a bid submitted using the FSA Bid System. 2.08 EXCEPTIONS Any requested exceptions,deviations,or contingencies a bidder may have to the terms and conditions must be documented in bidder's submission. Exceptions to the item specifications at the time of the bid submission shall reference the item number, make and model. FSA has the discretion to grant or deny, in whole or in part,the bidders requested exception,deviation or contingency to the specifications or terms and conditions. Bidder acknowledges that if FSA rejects the proposed exceptions,the bid may be disqualified. 2.09 MISTAKES Bidders are expected to examine the item specifications,delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. 2.10 EQUIVALENTS Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will supplement an item on the base item specification. The FSA will determine whether the proposed equivalent is equal to or exceeds the quality,design and construction than the intended replacement item in the base item specification. Page 21 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Bidders must provide the manufacturer name and model number(or product identifier)of each equivalent when seeking approval. Complete,descriptive,technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved,the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval,the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid,cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted,the offerings, item specification or entire award can be removed by the FSA. When selling equivalents,vendors must disclose to the purchaser that an approved equivalent is being offered. 2.11 PRE-BID MEETING Prospective bidders are required to attend or participate in the Pre-Bid Meeting.The Pre-Bid Meeting is designed for vendors,the Fleet Advisory Committee and the FSA to clarify questions on the terms and conditions and to confirm all item specifications.Questions relating to the items,specifications,the bid process,or award can be asked at the Pre-Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections before the item specifications are finalized. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested authorization,signs a memo to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty(60)calendar days from the date of bid opening. Each item, make,and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the items bid for the duration of the contract, unless otherwise provided in the contract.These prices must be inclusive of all components included in the item specification.Once awarded,the vendor has the authority to offer discounts for prompt payment.Cash or quantity discounts offered will not be a consideration in determination of award of the bid. Prices bid, including options,must include the administrative fee FSA charges to administer the contract,as outlined within these terms&conditions.The administrative fee is three quarters of one percent(.0075). Prices must be Free On Board (FOB)destination and include shipping and delivery to the purchaser. 2.13 OPTION PRICING The bidder shall offer a discount below Manufacturer's Standard Retail Pricing(MSRP) or manufacturer's published list price for any options offered, if awarded.The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not available for the item bid. Options are intended to add or delete equipment or features from the item specification.Options can provide an upgrade or downgrade to a manufacturer's model,such as a slightly different engine size or horsepower,and Page 22 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions should not be made available for purchase separate from the base item. Bidders shall NOT use options to create an item that is available as another item bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer's product which is outside the scope of the item specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. Bidders must disclose which options require the purchase of other options or are dependent on another option in their bid submission.Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately. Bidder must use proper manufacturer codes for all factory options.Options available through the factory should be bid and supplied to purchaser as"factory"options,unless otherwise requested in writing by the purchaser. Factory package options are allowable under this contract. Factory package options included in the bid submission must detail what components the package includes. If a bidder will offer registration and title services as a fee for service,the bidder must include the administrative fee as a separate option (i.e. line item)for each item bid.Government imposed fees should not be included in this option pricing. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA item specification, the bidder should include the word "Credit"at the beginning of the description field,and continue to describe the option being credited. For example, "Credit: one key fob"and enter the price the bidder will credit the purchaser. 2.14 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1),authorized emergency vehicles are defined as: "Vehicles of the fire department(fire patrol), police vehicles,and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations,the Fish and Wildlife Conservation Commission,the Department of Environmental Protection,the Department of Health,the Department of Transportation,and the Department of Corrections as are designated or authorized by their respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties." Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification,or an approved equivalent. FSA may request certificates for a vendor's installers at any time during the contract term. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices submitted for emergency lights and sirens shall include all applicable government-imposed fees. Bidders that install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers(SAE)certified.SAE Certifications must include Class 1,Class 2 and Class 3 in order to be eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified,the vendor can be found in default of the contract. 2.15 BID SUBMISSION Bidders must submit a bid electronically using the bid system. Bid submissions include pricing for the item,as well as required documentation.The bid must be received by the date and time specified on the Bid Calendar seen in Appendix A. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System:Vendorl-ink Page 23 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions �.... . iiiV. .S....f:.k.S....�.f...�.f.f.k.�:'....5:��.c:°,r::l: . Bidders are encouraged to participate in training The bid system is located at I�11I7 �nr„�nr provided. Usernames and passwords will be issued to bidders after registering in the bid system.Contact Vendorl-ink at support@vendorlink.com if technical issues arise during bid submission. Prices are to be rounded to the nearest whole dollar. If a bidder submits bid pricing using cents,the following formula will be applied:$.01-.49 will be rounded down to the dollar bid (e.g.,$50.49=$50)and$.50-.99 will be rounded to the next dollar(e.g.,$50.50=$51). Bid Submission To ensure correct bid submittal and formatting, bidders shall: • Input a bid price for each item • Upload files as instructed in the bid system;files requested will be in .pdf format. • Follow all instructions outlined in this ITB and provide all requested information. The bid shall include the following documents: • Executed Qualifications Packet • Build sheet for each item bid as a single.pdf • Any requested exceptions or equivalents FSA may ask awarded bidders to supply one hard copy set with digital signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. FSA is not responsible for bidder's improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. 2.16 EXECUTION OF BID By submitting a response to this Invitation to Bid,the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award.The bidder must submit the Contract Signature Form with the signature of an authorized representative no later than the bid submittal due date.All terms and conditions are applicable throughout the term of the contract and not specific to any given year, make or model. 2.17 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder must withdraw the bid,the bidder must contact FSA immediately. Bid withdrawals are handled on a case-by-case basis and can result in a limitation of participation in future bids. 2.18 LATE BIDS The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the responsibility of the bidder.The FSA is not responsible for delays caused by technical problems,any internet outages or delays incurred by electronic delivery,or any other occurrence.Any reference to time will be based on Eastern Time. Page 24 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.19 PUBLIC BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar.The bid opening may occur at the Florida Sheriffs Association,2617 Mahan Drive,Tallahassee, Florida,or may be offered online. FSA will provide a bid inspection period for bidders following the bid opening.The date,time and duration will be announced prior to the bid opening. 2.20 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder,the bid must conform in all material respects to the requirements stated in the contract.As set forth in Section 2.26, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.21 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information,documents or materials may be rejected as nonresponsive. Bidders whose responses, past performance,or current status do not reflect the capability, integrity,or reliability to fully and in good faith perform the requirements of the contract may be rejected as non-responsible. In determining a responsible bidder,the following factors may be considered: • Adequacy of facilities,staffing,and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements as set forth by these Terms&Conditions, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process. FSA reserves the right to determine which responses meet the requirements, item specifications,terms and conditions of the solicitation,and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA's sole discretion,are determined to present responsibility concerns that call into question the bidder's ability to perform but that do not rise to the level of requiring rejection of the bidder as non-responsible. 2.22 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by item and by manufacturer to bidders deemed to be responsive and responsible.Awards may also be made to the second and third lowest bidder by item and by manufacturer and determined to be in the best interest of the FSA and the purchaser. FSA has the discretion to consider option pricing in making the award.Awards will not be given to any parties listed on the government wide exclusion in the System for Award Management. See Appendix C. II to 2 CFR Part 200. FSA reserves the right to accept or reject any and all bids,and to waive any minor irregularity,technicality or omission if it determines that doing so will serve the purchaser's best interest. Page 25 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.23 BID TABULATIONS In the event that more than one bid is submitted per item a Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes as identified on the bid calendar. If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for posting of results. 2.24 MINOR IRREGULARITIES / RIGHT TO REJECT The FSA has the right to accept or reject any and all bids,or separate portions thereof,and to waive any minor irregularity,technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers.A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers.At its option,the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. However,the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid,or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.25 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the intent to award date as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease,except for procedural questions,technical questions regarding problems incurred in the use of the bid system,or communications initiated by the FSA.All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. Page 26 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded,the terms and conditions of this document become the contract between the FSA and the awarded vendor.The terms and conditions apply to all items purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to the contract. 3.03 VENDOR CONTACT INFORMATION The vendor shall maintain current contact information with FSA at all times for sales and submission of purchase orders,quarterly reports and administrative fee payments. If a change occurs during the contract,the vendor must notify FSA immediately. 3.04 ADDITIONS AND DELETIONS The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and the participating purchasers. FSA reserves the right to remove,discontinue or suspend the sale or offering of any product within the Invitation to Bid document or existing contract,at its discretion. This decision to take action may be based upon and not limited to: • Few or no sales; • Product recalls and other safety issues; • Vendor/Manufacturer performance; or • Lack of relevance of products. 3.05 CONTRACT EXTENSION Contract Extension The contract may be extended by mutual agreement, initiated at the discretion of the FSA,for up to two(2) additional years,on a year-to-year basis. The vendor may request price adjustments for contract extensions as provided for in the price adjustment section. If no request is received from the vendor,the FSA will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment.Any adjustment request received after the commencement of a new option period may not be considered unless otherwise provided for in this contract. The FSA reserves the right to in its sole discretion,elect to implement an optional term or to allow the contract to fully or partially terminate and readvertise for bids,whichever is in the best interest of the FSA. Month-to-Month Continuation In the event that a new contract is not active at the time of this contract's expiration,this contract's terms and conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract. Such a month-to-month continuation shall be upon the compensation and payment provided herein. Page 27 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 3.06 PRICE ADJUSTMENTS This contract provides the following options for price adjustments: • Annual Price Adjustments • Changes to Production or Design • Manufacturer Certified Adjustments • Surcharges • Equitable Adjustments Price adjustment requests must clearly substantiate a need to increase or decrease the price and must be submitted as a percentage change. If a dollar amount is provided, FSA will calculate the percentage change. Annual Price Adjustment The FSA may consider annual price adjustments due to: • Changes in the Producer Price Index(PPI)as published by the U.S. Department of Labor, Bureau of Labor Statistics(BLS); or • As a result of any changes to national or state standards that require substantial price adjustments. Changes resulting from PPI will be verified by the FSA,after the vendor requests a price adjustment under this provision and identifies the commodity code for each item as designated by the BLS. In the event of changes to national or state standards,the vendor must present verifiable changes from the manufacturer in price to FSA. FSA may consider other documentation related to the change to national or state standards but is not obligated to grant price changes without literature from the manufacturer. The FSA will consider the request and will make a final determination on the change in price. For any price adjustment to commence annually or on the first day of the contract extension,the vendor's request for price adjustment should be submitted 60(sixty)days prior to the annual execution of the contract or to the expiration of the contract extension. Changes to Production or Design Significant changes by the manufacturer to the production and item specification design may also initiate a price adjustment request. FSA will consider order dates,production cutoffs,conditions as provided for in Section 3.08, as well as replacement or complete redesign of items when considering significant changes to manufacturer production or design. Manufacturer Certified Adjustments Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need for price adjustments. Surcharges Surcharges are increased costs that are imposed on awarded vendors for items sold on this contract.Surcharges can be related to the cost of materials, cost of transportation or shipping,or fees imposed by the governing entities.Since surcharges are imposed on awarded vendors, in order to request a price change,the vendor must document the origin of the surcharge. Page 28 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The vendor must provide manufacturer or supplier certification documentation that identify the reason or cause for the surcharge to FSA in advance of assessing surcharges to a purchaser. Surcharge After a Purchase Order is Issued When a purchase order has been issued,the vendor may present a surcharge with all required documentation to the purchaser for consideration.The purchaser may accept or negotiate a reduction in the surcharge or reject the surcharge at their discretion. Equitable Adjustments The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current model offered. 3.08 PRODUCTION CUTOFF Vendors shall notify the FSA in writing no less than sixty(60)calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase orders issued and received after the production cutoff date will be subject to availability. In this case,the vendor and manufacturer have the discretion whether to choose to provide next year's model at current year's prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser's ability to obtain the items, FSA may consider substitutions from the same manufacturer. 3.09 FACILITIES The FSA reserves the right to inspect the vendor's facilities at any time with prior notice. 3.10 FACTORY-INSTALLED OPTIONS All options specified as factory-installed are to be installed on the item at the primary site of assembly and is to be the manufacturer's standard assembly-line product.Aftermarket and vendor-installed equipment will not be accepted as factory-installed.Vendors found supplying aftermarket or vendor-installed equipment where factory- installed are specified shall be required to retrieve all delivered items and supply new items meeting the specifications. All factory-ordered options are to be original equipment manufacturer(OEM)and installed at the primary site of assembly unless otherwise noted by the vendor and acknowledged in writing by the purchaser.Verbal agreements will not be recognized. 3.11 VENDOR-INSTALLED OPTIONS All vendor-installed accessories, equipment,or options shall be installed according to the manufacturer's specifications.All vendor-installed options must be manufactured by an established manufacturer of the product Page 29 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions provided.Vendors are required to disclose make and model of product being offered,design,and model must be approved by the purchaser prior to installation. Prior to any purchase,the vendor must also disclose the warranty of any accessory,equipment or option that is less than or exceeds the factory or equipment warranty coverage. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with these terms&conditions. 3.12 NON-SCHEDULED OPTIONS A non-scheduled option is an option not listed on the FSA published award.Vendors may provide non-scheduled options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a separate line item with the price and discount on the purchase order. Non-scheduled options are covered under these terms and conditions. 3.13 AMBULANCE REMOUNT Ambulance remount services may be offered by awarded vendors on this contract. Remount service providers shall maintain a minimum of$5,000,000 in Product Liability Insurance and a minimum of$1,000,000 in Professional Garage Keepers Liability Insurance. It is the responsibility of the vendor to maintain the insurance requirements under the Terms and Conditions. Proof of adequate coverage shall be provided to the purchaser upon request. All remount service providers must be registered with National Highway Traffic Safety Administration (NHTSA)as a new vehicle manufacturer as required by law(49 CFR 571.7(e)).The remounter shall follow all recommended guidelines and practices as published and prescribed by the OEM chassis manufacturer for the chassis platform supplied.This includes: 1. Compliance with Federal Motor Vehicle Safety Standards(FMVSS); 2. Incomplete Vehicle Document(IVD)for appropriate chassis; 3. OEM Body Builder's Guide for appropriate chassis; and 4. Ford QVM Program Truck Guidelines or other OEM Chassis Upfitter programs. The remounter must have financial strength to adequately support any warranty obligation provided to the customer and be able to verify this to the purchaser upon request.The warranty that shall be offered at a minimum to the customer shall be as follows: 1. The remounter shall warranty the ambulance and furnished equipment against parts failure or malfunction due to design,construction or installation errors,defective workmanship and missing or incorrect parts for a minimum period of 12 months or 12,000 miles(whichever occurs first)from date of acceptance,exclusive of any authorized driveaway mileage. 2. However, if the remounter received from any supplier or subcontractor additional warranty on the whole or any component of the ambulance, in the form of time and/or mileage, including prorated adjustments,or if the remounter generally extends to their customers a greater or extended warranty coverage,the purchaser shall receive corresponding warranty benefits. The remounter must follow all recommended guidelines and requirements which apply to the new chassis,as well as application and installation of all components and equipment included in the remounted vehicle.This shall include suitability and generational compatibility of key components to meet both make and model year of chassis utilized. Page 30 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The remounter shall perform the following series of steps to determine viability of the proposed remount vehicle prior to production: 1. The viability process shall include a visual inspection of ambulance body module for overall condition to determine suitability and feasibility for forward service life.This shall include the compatibility of the body to the proposed new chassis. 2. This viability process shall include,and the remounter shall provide,a Scope of Work document which shall include an itemized proposal to the customer and a notice of compliance to FMVSS requirements,as well as weight balance and payload analysis and projections.A minimum payload of 1,500 pounds is required. 3. The remounter shall inform the purchaser of any additional deficiencies or defects discovered during the production process and inform the purchaser immediately whereby remediation shall be mutually determined. It is the responsibility of the vendor to certify that it has inspected the remounted module for structural integrity and will supply a statement that includes proof of the inspection process to the purchaser. The remounter shall have written work process documentation to substantiate each step of the production process for the remounted vehicle to include: 1. Evaluation and physical assessment of original vehicle; 2. Engineering analysis for major modifications such as change in chassis type or body mounts; 3. The actual production sequence and process;and 4. Written and verified quality control and function checks. 3.14 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor's failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies,strikes,fires,floods,or other similar cause wholly beyond the vendor's control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.15 ORDER To initiate a purchase,a purchase order must be issued to the vendor,which includes: • FSA contract title and number; • FSA item number,and the make and model or item description; and • Purchaser name, phone number and email address. The vendor's acceptance of a purchaser's order will indicate that the vendor agrees to deliver an awarded item that will be fully compatible with all options. Production schedules and delivery dates should be discussed at the time the quote is provided to the purchaser,or if no quote is provided,when the purchase order is delivered to the vendor.Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order.The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the contract and the purchase order.Any changes that are required to bring an item into compliance with the various options due to an incorrect order will be accomplished at the vendor's expense. A Confirmation of Order form shall be completed by the vendor and provided to the purchaser and FSA fifteen (15) calendar days from receipt of purchase order without request by the purchaser.Any additional information needed to complete this form should be obtained by the vendor from the purchaser. Page 31 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions If a vendor receives a purchase order for an item for which they were not awarded,the vendor must notify the purchaser and return the purchase order to the purchaser within three(3) business days. Purchase orders may include additional terms and conditions established by the purchasing agency.When presented with a purchase order containing additional requirements beyond those established herein,the vendor may negotiate any additional requirements with the purchaser prior to accepting the purchase order. 3.16 DELIVERY Vendors are to inspect the item to confirm the item meets or exceeds the FSA base item specification, manufacturer specification,and purchase order. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor's expense. Delivery shall be within the normal working hours of the user, Monday through Friday,excluding holidays. Delivery schedules shall be agreed to by the purchaser and the vendor.Vendor shall notify the purchaser no less than twenty-four(24) hours prior to delivery of the time and location,which shall reflect the mutually agreed upon delivery details.The vendor shall be responsible for delivering items that are properly serviced,clean and in first class operating condition. Items shall be delivered with each of the following documents completed or included: • Copy of the purchase order • Copy of the FSA base item specification • Copy of manufacturer's Invoice, price sheet, build sheet or other documentation that verifies what components are included on the item being delivered • Copy of the pre-delivery service report • Registration warranty certification • Owner's manual • Registration,tag and title or an application for the registration,as applicable All items with fuel tanks of thirty-five(35)gallons or less must contain no less than one quarter(1/4)tank of fuel as indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five(35)gallons,a minimum of one eighth (1/8)of a tank of fuel must be provided. Deliveries within 2,500 miles may be accomplished by driving the vehicle.Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer's break-in requirements and all applicable traffic laws.Any delivery accomplished by driving fire rescue or emergency response vehicle must use an "OUT OF SERVICE"cover on light bars. All deliveries in excess of 2,500 miles shall be approved by the purchaser.The purchaser has the option to reject a vehicle with more than 2,500 odometer miles,if not previously approved by the purchaser,or may deduct$0.51 cents per mile in excess of 2,500 miles from the invoice.This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. When items require service or adjustments upon delivery,the vendor shall either remedy the defect,or be responsible for reimbursing the manufacturer's local authorized representative or other service provider to remedy the defect.Such service or adjustments shall be initiated by the vendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory,and the item is redelivered or repaired.The cost of any transportation required to address the defect shall be the responsibility of the vendor until the items are satisfactory and accepted by the purchaser. 3.17 INSPECTION AND ACCEPTANCE Page 32 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment. Inspection and acceptance will be at the purchaser's destination unless otherwise previously agreed upon location was provided in the purchase order.Should the delivered items differ in any respect from the item specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. 3.18 REGISTRATION, TAG AND TITLE Title items shall be the responsibility of the vendor. If the purchaser is a government agency,the purchaser has the right to choose to register and title the item.Costs of registration,tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to the cost of registration,tag and title. 3.19 CAB AND CHASSIS PURCHASES Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work.Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor's contracted third- party supplier.The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. 3.20 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently.The vendor shall be paid upon submission of invoices to the purchaser after satisfactory delivery and acceptance of the items.The Local Government Prompt Payment Act will apply to ensure timely payment of vendor invoices.The Local Government Prompt Payment Act is defined in Sections 218.70-218.79 of Florida Statutes. 3.21 WARRANTY All warranties shall begin at the time of delivery and final acceptance by the purchaser.The purchaser's warranty should not be active for incomplete items and items delivered to a third-party supplier before final delivery. 3.22 PURCHASE ORDERS The vendor must submit electronic copies of purchase orders within fifteen (15)calendar days of the purchase order issue date. Emai s shall e sent to� r;;,x ��Ils„f„k.S....I;�J�;, rxl; ,. Purchase orders received by the vendor after this deadline must be submitted to FSA as soon as possible with the date received by the vendor and cause for the delay. Purchase orders should contain the following information: • Purchaser name • Purchase order number • Purchase order issue date • FSA contract title and number • Item number • Item make and model,or item description • Item price • Estimated delivery date. Page 33 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Purchase orders vary in format and information provided. If a purchase order does not include the above information,the vendor may submit supplemental documentation to FSA at the same time the purchase order is due.Such information may be in bid quotes,equipment proposals,confirmation of orders,or other documents. If a purchaser does not use purchase orders,written communication from the purchaser to the vendor will be provided to FSA. 3.23 QUARTERLY REPORTS Quarterly reports are the contractual responsibility of each vendor.Quarterly reports must be completed and submitted electronically.All quarterly reports shall be sent to �� .rri 1�t,��if rf�� i�iilsr.,.r�i�I .The quarterly report template shall be submitted using an Excel workbook provided by FSA.Quarterly reports which do not adhere to the required format or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting vendor for correction. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow the schedule below for the duration of the contract. If a contract extension is executed,the quarterly reports will maintain the same schedule for future reporting periods. Quarterly reports should follow this schedule: Contract Year 1:April 1,2023—March 31,2024 Year 1 Quarter 1 April 1—June 30 July 15 Year 1 Quarter 2 July 1—September 30 October 15 Year 1 Quarter 3 October 1—December 31 January 15 Year 1 Quarter 4 January 1—March 31 April 15 Contract Year 2:April 1,2024—March 31,2025 Year 2 Quarter 1 April 1—June 30 July 15 Year 2 Quarter 2 July 1—September 30 October 15 Year 2 Quarter 3 October 1—December 31 January 15 Year 2 Quarter 4 January 1—March 31 April 15 If a contract extension or renewal option are executed,the quarterly reports will maintain the same schedule for future reporting periods. Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no sales within a quarter,the vendor shall indicate"No sales this quarter"on the top row of the sales worksheet. If the vendor has no deliveries in a given quarter,the vendor shall indicate"No deliveries this quarter"on the top row of the delivery worksheet. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.24 ADMINISTRATIVE FEE Page 34 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The FSA charges three quarters of one percent(.0075)to procure,process and administer the contract.The administrative fees are the contractual responsibility of each awarded vendor. After receipt of payment from contract purchases,the vendor shall remit all administrative fees to the FSA no later than 15 calendar days after the end of each quarter.All fees payable to the FSA during any given quarter will be accompanied and supported by a quarterly report. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee,will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing.The administrative fee should never be listed as a separate line item on any purchase order or invoice. The administrative fee is based on the total purchase order amount of new items.This fee excludes any value given to purchasers for trade-ins.Trade-ins,extended warranties and other exchanges will not reduce or impact the fee calculation. The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA that all payments be electronically paid and submitted. If ACH is not available,checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.25 LIQUIDATED DAMAGES The vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract.Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports to FSA within 15 calendar days following the end of each quarter may result in the imposition of liquidated damages.Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of$25 for each calendar day that fees and reports are past due,beginning on the 16'day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section,the prevailing party shall be entitled to its reasonable attorneys'fees and costs incurred in the litigation. The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor's Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA, at its sole discretion, implementing contract compliance actions, including but not limited to,suspension, limited participation by item specifications,disqualification from future solicitations,or termination for cause pursuant to the Terms&Conditions. Schedule of Liquidated Damages Failure to submit quarterly report on time $25 per calendar day Failure to submit administrative fee on time $25 per calendar day Page 35 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Failure to report a Purchase Order to FSA within 15 $100 per Purchase Order calendar days of the purchase order issue date Failure to Report Sales .0075 of the sales price plus 1.5%each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will result in liquidated damages to this contract.Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor's failure to take the specified actions. Page 36 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix A: Bid Calendar FSA23 - Fire & Rescue Bid Calendar Bid Calendar Task Date Invitation to Bid Announcement(ITB) 10/11/2022 Registration for Workshop &Pre-bid Open 11/1/2022 Voluntary Workshop for Interested Bidders; Review Specifications 12/5/2022 New Specification requests due 12/16/2022 Pre-Bid meeting 1/11/2023- 1/12/2023 Request for Clarifications Due to FSA 1/20/2023 FSA VendorLink Bidder Training 1/24/2023 Bid System Open 1/31/2023 Cone of Silence 1/31/2023-3/10/2023 Bid Submissions Due 2/27/2023 Public Bid Opening 3/1/2023 Bid Tabulations Posted 3/1/2023 Bid Evaluation 3/6/2023-3/10/2023 I me nt To Award 3/10/2023 Final Bid Award Announcement 4/1/2023 Effective Date Of New Contract 4/1/2023 For the most up to date information,please refer to f�11Ix<rvvr Ifs f��.if.:f`I ri� frrvr ii::ri iii�.f�t::: r lf�ti�!s.frYfil (.f'�j7fti�1� fru'1�„��/� �)rdf��„',fYrYrfY�y:::.�)f�ti(yfrluf.aa lr�� r.u.l.YlY�tirdfY�.�;�fil� fY1`. * Details for the Workshop, Mandatory Pre-Bid Meeting,and Public Bid Openings will be posted on FSA's website, emailed to interested bidders,or can be found in Florida Administrative Register(as appropriate)for the dates published. Page 37 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix B: ACH Payments FJ- ,y 1e , y f ,y b TO: All Customers of the Fiorida sheirilffS ASSOCiaction; SUBJECT: Florida sheriffs Association is going Ipaperltess! our association is(pleased to aniniouince the implementation of accepting,electronic payments.from customers. If your agency o;company uis„able tq pay Via NCH,please consider adding the Florida slherlf'f Association to your(Mist of vendors.paid via electronic payment. Flofid.a Sheriffs ASSOciation°s.sainklmng IlInformation its as follows- checking Account calplitallll Ciki"(Bank Routing Nu;tmnber:0631Cu063S Account T,ulmn ber:0101 0 65 7 0 111. Ple.asa email any Ilpayrne�nt reirnitta,/rwce information to aziountin ' flshefiiffs,cwrE. If Vou choose to make ACH payments to the assodation,there is ino additional chaurgee. However,the illforM ation above can be used to Ipa,V with a wire transfer.. If you choose to Ip3,,V^pia wiure,there is a charge of$25 per wire tlhat,^you Will need to add to your payment. If you have any questions at:all,please contact Trish Eldridge at teldhrirl �e ifllsheriff�s.,r�rg..of call 15,50) 559- 6s,.. sincerely, TrLlh Efdridge [director of AA.ccountimng and Finance. Florida sheriffs ASsoclaticin Page 38 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix C: Federal Clauses APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS* (excluding micro-purchases,except Davis-Bacon requirements apply to construction contracts exceeding$2,000) In addition to other provisions negotiated with purchasers placing federally funded purchase orders,Vendors must comply with the following provisions upon award of a federally funded purchase order: Professional Operations/ Materials& PROVISION Services/A&E Management Construction Supplies Equal Employment Opportunity All Davis-Bacon Act >$2,000 Copeland "Anti-Kickback"Act >$2,000 Contract Work Hours and Safety >$100,000 >$100,000 >$100,000 >$100,000 Standards Act Rights to Inventions Made Under a If the purchase If the purchase If the purchase If the purchase Contract or Agreement order involves order involves order involves order involves performance of performance of performance of performance of experimental, experimental, experimental, experimental, developmental developmental developmental developmental or research or research or research or research work work work work Clean Air Act >$150,000 >$150,000 >$150,000 >$150,000 Federal Water Pollution Control >$150,000 >$150,000 >$150,000 >$150,000 Act Debarment and Suspension All All All All Byrd Anti-Lobbying Amendment >$100,000 >$100,000 >$100,000 >$100,000 Procurement of Recovered All All All All Materials Prohibition on Certain All All All All Telecommunications and Video Surveillance Services or Equipment Domestic Preferences for All All All All Procurements *References to the code of regulations(CFR)or United States Code(USC)were accurate at the time of publication. It is the responsibility of the bidder to ensure compliance is met of the referenced state and federal laws within the published rules. EQUAL EMPLOYMENT OPPORTUNITY: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The clause set forth in 41 CFR 60-1.4(b) is incorporated herein by reference. Vendor must comply with this clause and include this clause in all lower-tier federal assisted construction contracts. DAVIS-BACON ACT, as amended (40 U.S.C. 3141-3148): When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance Page 39 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Vendors performing construction must comply with all applicable provisions of the Davis-Bacon Act and include this clause in all lower-tier subcontracts for construction. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C.,chapter 37): Vendor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., chapter 37), as supplemented by Department of Labor regulations(29 CFR part 5). (a) Overtime requirements. Neither Vendor nor any contractor or subcontractor contracting for any part of the purchase order work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (b)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph 15(a),Vendor and any subcontractor responsible therefor shall be liable for the unpaid wages.In addition, Vendor or such subcontractor shall be liable to the United States (in the case of work done under the Contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph 15(a), in the sum of$29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph 15(a)of this section. (c) Withholding for unpaid wages and liquidated damages. Purchaser shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Vendor or a subcontractor under the purchase order or any other Federal contract with Purchaser, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by Purchaser, such sums as may be determined to be necessary to satisfy any liabilities of Vendor or its subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (a). (d) Subcontracts. Vendor shall insert in any subcontracts over$100,000 for construction and other purposes that involve the employment of mechanics or laborers, the clauses set forth in Paragraphs (a) through (d) and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the Federal award meets the definition of "funding agreement" under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor shall comply with these requirements when performing a Page 40 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions purchase order involving experimental, developmental or research work and flowdown this clause to lower-tier subcontractors performing such work. CLEAN AIR ACT(42 U.S.C.7401 etseq.)and the FEDERAL WATER POLLUTION CONTROL ACT(33 U.S.C. 1251 etseq.), as amended: Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).Vendor shall comply with the requirements of Clean Air Act and the Federal Water Pollution Control Act and include this clause in all lower-tier subcontracts with a value over$150,000. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689): By accepting or performing this purchase order,Vendor certifies that it is not identified in the Exclusions area of the System for Award Management as being currently debarred, suspended, proposed for debarment, or otherwise excluded ("SAM Exclusion"). Vendor shall obtain similar certifications from its lower-tier subcontractors for each subcontract in excess of$25,000 and Vendor shall not award lower-tier subcontracts in excess of$25,000 to an entity subject to a SAM Exclusion. LOBBYING RESTRICTIONS(31 U.S.C. 1352): By accepting or performing this purchase order,Vendor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Vendor shall also disclose to Purchaser any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award or contract. Vendor shall flow down this clause and require this certification for lower-tier subcontractors with a subcontract of $100,000 or more. Vendor shall provide its disclosure and all disclosures received from lower-tier subcontractors to Purchaser. PROCUREMENT OF RECOVERED MATERIALS: A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Vendor shall comply with this clause and include this clause in all lower-tier subcontracts. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain;or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety,security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. Page 41 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,or otherwise connected to,the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services,and to ensure that communications service to users and customers is sustained. (c)See Public Law 115-232,section 889 for additional information. DOMESTIC PREFERENCES FOR PROCUREMENTS: (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase,acquisition,or use of goods, products,or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Vendor agrees to comply with the requirements of this clause and include the requirements of this clause in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;glass, including optical fiber;and lumber. Page 42 FSA23-VEF17.0:Fire&Rescue Vehicles,Boats,&Equipment 4866-5444-0014.3