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22-R-05 - Agreement with Pierce Manufacutirng purchase 1 Fire Apparatus and equipmentRESOLUTION NO. 22 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FIRE APPARATUS AND ASSOCIATED EQUIPMENT WHEREAS, the Schertz Fire Rescue has a need to replace unit 218 due to the age and replacement schedule; and WHEREAS, the City Council approved Ordinance 21 -T -50 for the budget adjustment on December 14, 2021, which included funds to purchase a fire apparatus in the amount of $1, 298,921; and WHEREAS, the Schertz Fire Rescue has chosen Pierce Manufacturing, Siddons Martin Emergency Group as meeting its pricing and functional requirements for fire apparatus, this vendor is participating in the HGAC Cooperative Program and will purchase associated capital equipment as part of this project, and WHEREAS, purchases under the cooperative programs meet the requirements under Subchapter C, Chapter 791.025 of the Texas Government Code, which states that a local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services; then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute a contract with Pierce Manufacturing and/or its dealer Siddons -Martin Emergency Group, to purchase one (1) fire apparatus as described in Exhibit A for a purchase price of $1,298,921.00. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. A -1 Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 4th day of January, 2022. ATTEST: ;retary CITY OF SCHERTZ, TEXAS Ro Guti ez, Mayor A -2 Siddons Martin Emergency Group, LLC 3500 Shelby Lane Denton, TX 76207 GDN P115891 TXDOT MVD No. All 15890 December 1, 2021 Kade Long, Fire Chief SCHERTZ FIRE & RESCUE 1400 SCHERTZ PKWY BLDG 8 SCHERTZ, TX 78154 Proposal For: 2022 Schertz Aerial Siddons -Martin Emergency Group, LLC is pleased to provide the following proposal to SCHERTZ FIRE & RESCUE. Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery FOB SCHERTZ FIRE & RESCUE and training on operation and use of the apparatus. Description Qty. 1 - 721 - Pierce - Custom Velocity Aerial -107' (Unit Price - $1,337,203.00) Delivery within 15 -16 months of order date QUOTE # - SMEG-0001 841 -1 Price guaranteed for 60 days Amount Vehicle Price $1,337,203.00 Full Prepay Discount ($40,282.00) 721 -UNIT TOTAL $1,296,921.00 SUB TOTAL $1,296,921.00 HGAC FS12 -19 (FIRE) $2,000.00 TOTAL $1,298,921.00 Taxes: Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and /or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Late Fee: A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost of the apparatus. Proposal 2022 Schertz Aerial Page 1 of 2 December 1, 2021 Cancellation: In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons- Martin Emergency Group 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 Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (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. Siddons - Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons - Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons - Martin to conduct such sale. Acceptance: In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons- Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of Texas. No additional terms or conditions will be binding upon Siddons - Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons - Martin Emergency Group, LLC. Sincerely, Greg Tatsch I, , the authorized representative of SCHERTZ FIRE & RESCUE, agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. Signature & Date Proposal 2022 Schertz Aerial Page 2 of 2 December 1, 2021