HomeMy WebLinkAboutRESOLUTION NO. 2019-63 RESOLUTION NO. 2019-63
A RESOLUTION AUTHORIZING THE
PURCHASE OF A 2020 PIERCE IMPEL PUMPER FIRE TRUCK
WHEREAS,the fire department has requested that the City Council approve the purchase
of a 2020 Pierce Impel Pumper fire truck for the amount of$612,406; and
WHEREAS, this price is using the Chassis Payment Discount option with a payment of
$335,308 due one hundred and twenty(120)days prior to final delivery and the remaining balance
of$277,098.00 due ten(10)days prior to completion; and
WHEREAS, the City of Fairfax will be borrowing money for this purchase, using a GO
bond, repayable through general funds from the fire department budget.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Fairfax,
Iowa does hereby authorize the purchase of the 2020 Pierce Impel Pumper fire truck for the amount
of$612,406.00.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and the City Clerk/Treasurer are hereby directed to certify this resolution of approval.
Passed and approved this 121" day of November, 2019.
AYES: Daly, Kell, Volk, and Wainwright
NAYS: None
ABSENT: Otto
4=✓' r
urnell G Frieden, Mayor
ATTEST:
t
/ rYr. * tlf� .rat i; 4Yp A.
Cyhi
n a K. Stimson, City Clerk/Treasurer
8
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RELIANT FIRE APPARATUS. INC. F '
880 ENTERPRISE DRIVE•SLINGER,WISCONSIN 53086•PHONE(262)297-5020
November 15, 2019
City of Fairfax
Attn: Mayor Burnell G Frieden
300 80th Street Court, PO Box 337
Fairfax, IA 52228
Dear Mayor Frieden,
Thank you for your recent purchase of One (1) Pierce Pumper Mounted on an Impel
Chassis for the City of Fairfax. We are pleased to formally receive this order and have
enclosed a copy of the signed agreement for your files.
Your order is now in que for an engineering review with Pierce Manufacturing. Once
completed, the initial approval packet will be sent to your sales representative Dustin Scholz
who will forward it to you for your review and approval.
Any questions regarding your new apparatus order can be directed to your sales representative
or to Reliant Fire Apparatus.
The opportunity to work with the City of Fairfax Fire Department on this new piece of
apparatus is greatly appreciated. We thank you for your business and trust in Reliant Fire
Apparatus and look forward to this process with your department.
Sincerely,
Scott H.'JKru,�ger
President
' ,
This Purchase Agreement(together with all attachments referenced herein, the "Agreement"), made and entered into by and
between Reliant Fire Apparatus, Inc., a Wisconsin corporation ("Reliant"), and the City of Fairfax, is effective as of the date
specified in Section 3 hereof.
1.Definitions.
a. "Product" means the fire apparatus and any associated equipment manufactured or furnished for the Customer by
Reliant pursuant to the Specifications.
b. "Specifications" means the general specifications, technical specifications, training, and testing requirements for the
Product contained in the Reliant Proposal for the Product prepared in response to the Customer's request for proposal.
c. "Reliant Proposal" means the proposal provided by Reliant attached as Exhibit C prepared in response to the
Customer's request for proposal.
d. "Delivery"means the date Reliant is prepared to make physical possession of the Product available to the Customer.
e. "Acceptance"The Customer shall have the opportunity,as described in Section 8(b)below,to inspect the Product for
substantial conformance with the material Specifications; unless Reliant receives a Notice of Defect within the time
frame described in Section 8(b),the Product will be deemed to be in conformance with the Specifications and accepted
by the Customer.
2.Purpose. This Agreement sets forth the terms and conditions of Reliant's sale of the Product to the Customer.
3.Term of Agreement. This Agreement will become effective on the date it is signed and approved by both Customer and Reliant
("Effective Date")and,unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer's
Acceptance and payment in full of the Purchase Price.
4. Purchase and Payment. The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of
$612,406.00("Purchase Price"). Prices are in U.S. funds.
5.Future Changes.Various state or federal regulatory agencies(e.g.NFPA,DOT,EPA)may require changes to the Specifications
and/or the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase
Price to be paid by the Customer. In addition, any future drive train upgrades(engine,transmission, axles,etc.),or any other
specification changes have not been calculated into our annual increases and will be provided at additional cost. To the extent
practicable,Reliant will document and itemize any such price increases for the Customer.
6. Agreement Changes. The Customer may request that Reliant incorporate a change to the Products or the Specifications for
the Products by delivering a change order to Reliant; provided, however, that any such change order must be in writing and
include a description of the proposed change sufficient to permit Reliant to evaluate the feasibility of such change ("Change
Order"). Within [ten (10) business days] of receipt of a Change Order, Reliant will inform the Customer in writing of the
feasibility of the Change Order,the earliest possible implementation date for the Change Order,of any increase or decrease in
the Purchase Price resulting from such Change Order,and of any effect on production scheduling or Delivery resulting from such
Change Order. Reliant shall not be liable to the Customer for any delay in performance or Delivery arising from any such Change
Order. A Change Order is only effective when counter-signed by Reliant's authorized representative.
7. Cancellation/Termination. In the event this Agreement is cancelled or terminated before completion, Reliant may charge a
cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10%of the Purchase Price after
order is accepted and entered by Reliant;(b)20%of the Purchase Price after completion of approval drawings,and;(c) 30%of
the Purchase Price upon any material requisition.The cancellation fee will increase accordingly as costs are incurred as the order
progresses through engineering and into manufacturing. Reliant endeavors to mitigate any such costs through the sale of such
Product to another purchaser; however, Customer shall remain liable for the difference between the Purchase Price and, if
applicable,the sale price obtained by Reliant upon sale of the Product to another purchaser,plus any costs incurred by Reliant to
conduct any such sale.
8.Delivery, Inspection and Acceptance. (a)Delivery. Delivery of the Product is scheduled to be within 7.5-8.5 months of the
Effective Date of this Agreement,F.O.B.Appleton,Wisconsin,Risk of loss shall pass to Customer upon Delivery.(b)Inspection
and Acceptance. Upon Delivery, Customer shall have fifteen (15) days within which to inspect the Product for substantial
conformance to the material Specifications, and in the event of substantial non-conformance to the material Specifications to
furnish Reliant with written notice sufficient to permit Reliant to evaluate such non-conformance ("Notice of Defect"). Any
Product not in substantial conformance to material Specifications shall be remedied by Reliant within thirty (30)days from the
Notice of Defect. In the event Reliant does not receive a Notice of Defect within fifteen(15)days of Delivery,Product will be
deemed to be in conformance with Specifications and accepted by Customer.
9.Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below,or
to such other address as either party may substitute by written notice to the other in the manner contemplated herein,by one of
the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or
nationally-recognized private express courier:
Reliant Fire Apparatus,Inc. Customer
880 Enterprise Drive City of Fairfax � X X37
Slinger Wisconsin 53086 3^X) /
Fax(262)297-5022 Fairfax,IA 52228
10. Standard Warranty.Any applicable manufacturer warranties are attached hereto as Exhibit B and made a part hereof. Any
additional warranties must be expressly approved in writing by Reliant's authorized representative.
a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT,NEITHER RELIANT, ITS
PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, MAKE ANY EXPRESS OR
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE
REGARDING THIS AGREEMENT,WHETHER ORAL OR WRITTEN,EXPRESS,IMPLIED OR STATUTORY.WITHOUT
LIMITING THE FOREGOING,ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,THE IMPLIED
WARRANTY AGAINST INFRINGEMENT, AND THE 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.
b.Exclusions of Incidental and Consequential Damages. In no event shall Reliant be liable for consequential,incidental
or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this
Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict
liability,statutory liability,indemnity,whether resulting from non-delivery or from Reliant's own negligence,or otherwise.
11. Insurance. The Original Equipment Manufacturer(Pierce Manufacturing,Inc.)maintains the following limits of insurance
with a carrier(s)rated A-or better by A.M.Best:
Commercial General Liability Insurance:
Products/Completed Operations Aggregate: $1,000,000
Each Occurrence: $1,000,000
Umbrella/Excess Liabilily Insurance:
Aggregate: $25,000,000
Each Occurrence: $25,000,000
The Customer may request: (x) Reliant to have Pierce provide the Customer with a copy of a current Certificate of
Insurance with the coverages listed above;(y)to be included by Pierce as an additional insured for Commercial General
Liability(subject to the terms and conditions of the applicable Pierce insurance policy);and(s)all policies to provide a
30 day notice of cancellation to the named insured.
12. Force Majeure. Reliant shall not be responsible nor deemed to be in default on account of delays in performance due to
causes which are beyond Reliant's control which make Reliant's performance impracticable, including but not limited to civil
wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of
government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, 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 or terrorism,failure of transportation,epidemics,quarantine restrictions,failure of
vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing
cessation,slowdown,or interruption of work.
2
13. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a)the Customer
fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b)Reliant
fails to perform any of its obligations under this Agreement;(c)either party becomes insolvent or become subject to a bankruptcy
or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is false
in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to
another entity;or(f)the Customer is in default or has breached any other contract or agreement with Reliant.
14.Manufacturer's Statement of Origin. It is agreed that the manufacturer's statement of origin("MSO")for the Product covered
by this Agreement shall remain in the possession of Reliant until the entire Purchase Price has been paid and that payment has
cleared Reliant's financial institution. If more than one Product is covered by this Agreement,then the MSO for each individual
Product shall remain in the possession of Reliant until the Purchase Price for that Product has been paid in full and that payment
has cleared Reliant's financial institution. In case of any default in payment,Reliant may take full possession of the Product,and
any payments that have been made shall be applied as payment for the use of the Product up to the date of taking possession.
15.Independent Contractors. 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.
16.Assignment.Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written
approval of the other party.
17. Governing Law; Jurisdiction. Without regard to any conflict of laws provisions, this Agreement is to be governed by and
under the laws of the state of Wisconsin.
18.Facsimile Signatures. The delivery of signatures to this Agreement by facsimile transmission shall be binding as original
signatures.
19. Entire Agreement. This Agreement shall be the exclusive agreement between the parties for the Product. Additional or
different terms proposed by the Customer shall not be applicable, unless accepted in writing by Reliant's authorized
representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by
Reliant's authorized representative.
20.Conflict. In the event of a conflict between the Customer Specifications and the Reliant Proposal,the Reliant Proposal shall
control.In the event there is a conflict between the Reliant Proposal and this Agreement,the Reliant Proposal shall control.
21. Sienatures. This agreement is not effective unless and until it is approved,signed and dated by Reliant Fire Apparatus
Ine.'s authorized representative.
Accepted and agreed to:
RELIANT FIRE APPARATUS,INC. CUSTOM City of Fairfax
Signatuzd: Signatur (�
L�. �,�. euIciI� Name: f L,I-V,C,�� l�il
Name: ���a
Title: e;� Title: Aa L11.1)J-
Date: /%- Date: 11-13 d6lq
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EXHIBIT A
PURCHASE DETAIL FORM
Reliant Fire Apparatus,Inc.
880 Enterprise Drive
Slinger,WI 53086
Fax(262)297-5022
Date: Ll ko
Customer Name:City of Fairfax
Quantity Chassis Type Bodv Type Price per Unit
1 Impel Pumper $622,465.00
$
Contract is for one(1)Pierce Impel Pumper per Reliant Fire Apparatus Proposal#426 Purchase price of$612,406.00 is
derived from Price Per Unit of$622,465.00 less chassis pqyment discount in the amount of($10,059.00)per payment terms
below.
Warranty Period:Warrant includes a one(1)year bumper to bumper warranty. All additional warranty certificates of coverage
are included in Reliant Fire Apparatus Proposal #426.
Training Requirements: New delivery orientation is to be provided by Reliant Fire Apparatus at the Fairfax Fire Department
upon delivery of the completed apparatus.
Other Matters:None.
This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any
manufacturer available options,including chassis models. Any addition or deletion may affect the unit price.
Payment Terms:Payment in the amount of$335,308.00 is due 120 days prior to final inspection to Reliant Fire Apparatus. The
remaining$277,098.00 is due ten(10)days prior to final inspection.
[NOTE: If deferred payment arrangements are required,the Customer must make such financial arrangements through a financial institution acceptable to
Reliant.]All taxes,excises and levies that Reliant may be required to pay or collect by reason of any present or future law or by any governmental authority
based upon the sale,purchase,delivery,storage,processing,use,consumption,or transportation of the Product sold by Reliant to the Customer shall be for the
account of the Customer and shall be added to the Purchase Price. All delivery prices or prices with freight allowance are based upon prevailing freight rates
and,in the event of any increase or decrease in such rates,the prices on all unshipped Product will be increased or decreased accordingly.Delinquent payments
shall be subject to a carrying charge of 1.5 percent per month or such lesser amount permitted by law.Reliant will not be required to accept payment other than
as set forth in this Agreement. However,to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with material
Specifications(other than freight),the Customer may withhold up to five percent(5%)of the Purchase Price until such time that Reliant substantially remedies
the nonconformance with material Specifications,but no longer than sixty(60)days after Delivery. If the disputed amount is the freight charge,the Customer
may withhold only the amount of the freight charge until the dispute is settled,but no longer than sixty(60)days after Delivery.Reliant shall have and retain a
purchase money security interest in all goods and products now or hereafter sold to the Customer by Reliant or any of its affiliated companies to secure payment
of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt,obligation or liability now or hereafter incurred
or owing by the Customer to Reliant,Reliant shall have and may exercise all rights and remedies of a secured party under Article 9 of the Uniform Commercial
Code(UCC)as adopted by the state of Wisconsin.
QSD 1398 Revised:409/10/2010
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND
CONDITIONS DATED AS OF (1-19), 20A BETWEEN RELIANT AND CITY OF FAIRFAX WHICH TERMS AND
CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE DETAIL FORM AS
THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE
STATED OR SUPPLEMENTED BY RELIANT HEREIN.
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EXHIBIT B
WARRANTY
WARRANTY CERTIFICATES OF COVERAGE ARE INCLUDED IN RELIANT FIRE APPARATUS PROPOSAL#426
PRESENTED TO THE CITY OF FAIRFAX DATED 10/16/2019.
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Iowa Department of Iowa Sales Tax Exemption Certificate
REVENUE
https:Htax.iowa.gov
This document is to be completed by a purchaser when claiming exemption from sales/use tax.Certificates are valid for up to
three years.
Purchaser Name r Seller Name Reliant Fire Apparatus, Inc.
Address g- Ok'3-32 Address 880 Enterprise Drive
City :kt-4' State j"- ZIPS City Slinger State WI ZIP 53086
General Nature of Business Id i�,J mzoJ
Telephone Number
Purchaser is doing business as: Purchaser is claiming exemption for the
following reason:
Retailer ❑
Sales Tax Permit Number(if required) Resale ❑ Leasing ❑ Processing ❑
Retailer Car Dealer ❑ Qualifying Farm Machinery/Equipment ❑
Enter your DOT number Qualifying Farm Replacement Parts ❑
Governmental Agency(including public schools) ❑ Qualifying Manufacturing Machinery/Equipment ❑
Wholesaler ❑ Farmer ❑ Lessor ❑ Research and Development Equipment ❑
Manufacturer ❑ Nonprofit Hospital ❑ Pollution Control Equipment ❑
Private Nonprofit Educational Institution ❑ Recycling Equipment ❑
Qualifying Residential Care Facility ❑ Qualifying Computer❑
Nonprofit Museum ❑ Qualifying Replacement Parts/Supplies
(Manufacturing, R&D, Pollution Control, Recycling,
Other El Muncipal Government Computer) ❑
Direct Pay ❑ (permit number required)
Other ® Municipal Government
Description of Purchase (Attach additional information if necessary) Fire Apparatus,
Equipment and parts
Under penalty of perjury, I swear or affirm that the information on this form is true and correct.
Signature of Purchaser Title Date
Seller: Keep this certificate in your files.
Purchaser: Keep a copy of this certificate for your records.
Do not send to the Iowa Department of Revenue.
31-014a(07/10/17)
FEDERAL EXCISE TAX EXEMPTION CERTIFICATE
Customer Name ( (4 /7 t�Gf�ifTir
For use by States and local governments(section 4221(a)(4)of the Internal Revenue Code)
The undersigned hereby states that he/she is authorized to execute this certificate and in the accompanying order or on the reverse
side hereof for all orders placed by the purchaser for a period of 12 calendar quarters from the date below are purchased from Reliant
Fire Apparatus,Inc.for the exclusive use of
Y X %17'P M6Z 4'J
(Fire epa menu Governme e)
of -Ula
(State,Territory,Political Subdivision or District of Columbia)
It is understood that the exemption from tax in the case of sales of articles under this Exemption Certificate to the States,etc.is limited
to the sale of articles purchased for their exclusive use and it is agreed that if articles purchased tax-free under this Exemption
Certificate are used otherwise or are sold to employees or others,such fact must be reported to the manufacturer of the articles
covered by the Certificate. It is also understood that the fraudulent use of this certificate for the purpose to secure exemption will be
subject to the undersigned and all guilty parties to a fine of not more than$10,000 or to imprisonment for not more than five years,or
both,together with costs of prosecution.
Under penalties of perjury I declare that I have examined this exemption certificate and to the best of my knowledge and belief it is
true,correct and complete. Z
Signature of
Authorized Individual, Title ` Date