Resolution 282-2024 RESOLUTION NO. 282 - 2024
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•1 l th day of September • • ' -•
•20 . '• : . .
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M 'l1 R h
mayor Holly erri . .asc• ein• • . : Yes : : .. .
: -mayor.Pro.Tem Jamnes K..Scholl. ,: : • - Yes .
. • . Commisssio ner Cr i Ca
tes Yes
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-Comm'.isionerMich lle Li co n Yes .
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s Tone David Rice
ommi s r� -avi Yes . . .. . .
. • ' • ' . BOARD OF COUNTY COMMISSIONERS:. :.• .
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: •• : •• • : • •OF:MONROE COUNTY FLORIDA, .
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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
ADD:ITIONAL 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.
Boar o County Commissioners
Customer: of Monroe County, Florida Ten-8 Fire&Safety,LLC
r -
By: " By: 9 4e eale.z.ett-
Title: Mayor Title: Authorized Sales Representative
Print: Holly Merrill Raschein Print: Jeff Calcutt
)t\ U24
Date: 8/18/2024
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tROE COUNTY ATTORNEY
r' IOVE' r FORM
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ASS! +►r. Ks LINTY ATTORNEY ..
Date 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
(473Ipm)EFP
13 7000151 Preconnect Handline, Primary, 200'(60m)x 1.75"(45mm)Wht Hs @ 125gpm 1
(473Ipm)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 Page 1
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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
If iirst Payment)Hate: 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 conseIry ative elstwtzk ate trsseld on ts0'ay's rate and dellivef'y
schedule,Final ataaowg will be deltettz fined 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
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Important: A Resolutioni itwith the 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 ortransferee 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 Lessee to 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:
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(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 XI II;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 year of 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 and 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 Lessors 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 not to budget and appropriate funds is within the discretion of Lessee's governing body.
Section 6.07. Termination by Nona ppropriation. 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%)percent 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.
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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. This Agreement, 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),for a 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 nonappropriation;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
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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 inequity. 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 may be 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(collectively,"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
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Date:
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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$ 1,499,631.00 ("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 to indemnify, 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 date 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. 1st DCA 2004); County of Brevard v. Miorelli Eng'g,Inc., 703 So.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 577(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 the 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