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22-R-79 - Letter of Intent to Sterling McCall Ford for the purchase of 1 ambulance for FY 2023-24RESOLUTION NO. 22-R-79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF INTENT (LOI) WITH STERLING MCCALLFORDFOR THE PURCHASE OF ONE (1) NEW AMBULANCE FOR FISCAL YEAR 2023/2024 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz EMS Department has chosen Sterling McCall Ford and Frazer, a HGACBuy Purchasing Cooperative vendor, for the purchase of one (1) Ford Ambulance; and WHEREAS, the total cost of one ambulance will be no more than $275,000; and WHEREAS, this purchase will be funded with budgeted operating costs from the FY24 approved budget. WHEREAS, HGACBuy Purchasing Cooperative is a national online purchasing cooperative, developed to comply with state laws which require government entities to make purchases through a competitive procurement process; and WHEREAS, HGACBuy Purchasing Cooperative gives public entities the advantage of leveraging the cooperative's ability to obtain bulk discounts, combined with the ease of online, web -based shopping and ordering; and WHEREAS, purchases under the cooperative programs meet the requirements under the Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City of Schertz Resolution 11 -R -41 on August 30, 2011 amending the City's purchasing policy; therefore, 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 sign a Letter of Intent (LOI) with Sterling McCall Ford attached in Exhibit A for one ambulance not to exceed $275,000. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. 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 9th day of August 2022. CITY OF SCHERTZ, TEXAS #-e- 1 11 ph Gu errez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SF, COMMUNITY Mark Browne SERVICE SCHIERTZ OPPORTUNITY City Manager This LETTER OF INTENT made this 10th day of August between Sterling McCall Ford having a place of business located at 6445 Southwest Freeway Houston, TX 77074( "Vendor') and City of Schertz EMS having a place of business at 1400 Schertz Pkwy, Bldg 7 Schertz TX 78154 US ( "Customer"). WHEREAS, Vendor desires to sell and Customer desires to purchase certain products, and/or services more specifically described in Quote 2756 -0001 dated July 8th, 2022 for the total amount of $269,216.00 (hereafter "Products "), NOW THEREFORE, the parties hereto, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows: 1. Vendor agrees to sell and customer pick up, and Customer shall purchase from Vendor, the Products for the prices as set forth in detail on Quote 2756 -0001. 2. The sale of the Products is governed by the terms and conditions set forth on Exhibit A, which is attached hereto and made a part hereof. 3. The Term of this Agreement shall commence on August 10th, 2022 and expire 1 year from execution date. 4. If the parties have entered into any additional covenants, promises, terms and conditions not otherwise specified herein or in any schedule or Exhibit hereto, said special provisions shall be set forth in Exhibit A. If there shall be any conflict within the provisions of this Agreement, the following order of priority shall apply: this LETTER OF INTENT, Exhibit A, Customer's purchase order, Vendor's invoice. IN WITNESS WHEREOF, the undersigned have executed and delivered this Agreement as of the day and year first above written. Customer Department Name Sign: Print: Title: Date: 1400 Schertz Parkway *Schertz, Texas 78154 * 210.619.1020 * schertz.com COMMUNITY Mark Browne SERVICE City Manager SCHHERTZ 0 PORTUNITY EXHIBIT A Standard Terms and Conditions INVOICING AND PAYMENT TERMS: Vendor shall submit one (1) original invoice per payment due. The invoice(s) shall include the items listed in accordance with the quote mentioned in the Sale Agreement with reference to the Customer's Purchase Order Number. If the Sale Agreement provides for any progress (or advance) payments based on specific milestones or activities, Vendor's invoice shall certify to the accomplishment or performance by Vendor of said milestone or activity, and that Customer has obtained a security interest in such Products to the extent of such payment. Payment shall be due upon receipt of the invoice and delivery of the unit to the Customer unless previously negotiated. CANCELLATION POLICY: Cancellation of orders must be received 120 days prior to the agreed upon delivery date. If the order is cancelled within the 120 day window, a fee of 25% of the total purchase order price will apply. DELIVERY TERMS: The products listed in the estimate are to be delivered Free On Board (FOB) Destination to Houston,TX. Customer representative(s) will pick up the unit at upfitter location, 7219 Rampart St., Houston, TX 77081 and transport it to their final destination at customer expense unless otherwise specified in the Vendor quote. TERMINATION FOR CAUSE: Customer may terminate this Sale Agreement and any corresponding Purchase Order, or any part thereof, for cause including, but not limited to the following Vendor actions: (1) any default or breach of any of the terms and conditions of the Sale Agreement, (2) failure to provide Customer, upon request, a reasonable assurance of future performance, or (3) bankruptcy, dissolution, or suspension of payments by judicial decree. If Vendor does not cure such failure within a period of five (5) days or such a longer period as Customer may authorize in writing after the date such notice is sent to Vendor, then termination may proceed. Vendor may also terminate this Sale Agreement and any corresponding Purchase Order for cause, and Vendor will not be in breach of same, in the event any supplier to Vendor fails to deliver Products and/or component parts in a timely fashion and Vendor cannot make alternate accommodations in order to comply with the Parties' agreed upon completion and delivery dates. CHANGE ORDERS: Vendor has the right to modify the Purchase Order requirements and conditions as needed and will advise Customer in writing of such requested changes. Vendor shall not proceed with any changes without Customer's written authorization. Any request by Customer to change the terms or conditions of the Purchase Order, including product specifications, options, and price, must be made in advance of the production job order release. Any changes made after the release of the production job order will incur a $350 fee per change order made in a 24 hour period and will be included on a secondary invoice. Vendor reserves the right to refuse changes requested by the Customer. PROPRIETARY INFORMATION, CONFIDENTIALITY AND ADVERTISING: All commercial, financial or technical information in any form that Vendor provides to Customer shall be deemed proprietary and confidential and Customer shall not disclose such information to third parties 1400 Schertz Parkway * Schertz, Texas 78154 * 210.619.1020 * schertz.com COMMUNITY Mark Browne SCHHERTZ SERVICE OPPORTUNITY City Manager without Vendor's written consent. Termination of the Sale Agreement shall not relieve Customer of this confidentiality obligation. Upon Vendor's request, Customer shall return all confidential information to Vendor along with any reproductions, in whole or in part. The confidentiality obligation does not apply to information that is in the public domain through no fault of Customer or to information lawfully within Customer's possession prior to the date of the Purchase Order, as evidenced by Customer's written records. INDEMNIFICATION: Customer shall fully release, indemnify, defend and hold harmless Vendor, its co- venturers, its contractors, and their respective affiliates, and Vendor's and their respective directors, officers and employees (including agency personnel) (`Vendor Group ") from and against any and all claims arising out of the Customer's purchase, use, sale or incorporation of any Products purchased from Vendor into Customer's products or equipment wherein it is claimed or alleged that Vendor's Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Vendor Group as it pertains to Vendor's Products. Vendor shall fully release, indemnify, defend and hold harmless Customer, its co- venturers, its contractors, and their respective affiliates, and the Customer's and their respective directors, officers and employees (including agency personnel) ( "Customer Group ") from and against any and all claims arising out of the Customer's purchase, use, sale or incorporation of any Products purchased from Vendor into Customer's products or equipment wherein it is claimed or alleged that Vendor's Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Customer Group as it pertains to Vendor's Products. Customer Initials: LIMITATIONS ON DAMAGES: In the event of any dispute, disagreement or breach alleged by Customer on the part of Vendor, Customer's exclusive and sole remedy shall be repair or replacement, if practical, of the module, or component part, by Vendor. If Vendor is not able to effectuate a repair, replacement, or cure that brings the module, or component part, into compliance with the Parties' agreement, then Vendor shall refund the sale price to Customer. In no event shall Vendor be liable to Customer, or to any third -party acting through Customer, for any additional, consequential or punitive damages, or damages for lost sales, revenue or profits claimed by Customer or any third -party acting through Customer. FORCE MAJEURE: A force majeure delay shall mean any delay or other unforeseeable causes beyond the reasonable control of the party affected, provided that any such delay is not caused, in whole or in part, by the acts or omissions of the party so delayed and further provided that such party is unable to make up for such delay with reasonable diligence and speed. If any such cause delays Vendor's performance, the delivery date or time for completion may be extended by a period of time reasonably necessary to overcome the effect of such delay; however, Vendor shall take all reasonable measures to mitigate the effects of the force majeure event and to minimize such delay. A party affected by a force majeure event shall notify the other party of such force majeure event within forty -eight (48) hours of its knowledge of such event for the event to be considered a bona fide force majeure event. 1400 Schertz Parkway *Schertz, Texas 79154 *210.619.1020 '* schertz.com COMMUNITY Mark Browne SERVICE SCHIERTZ OPPORTUNITY City Manager TITLE AND RISK OF LOSS: Title to the Products shall transfer to Customer upon receipt of Products by Customer or its agent unless otherwise stated in the Sale Agreement. Notwithstanding the above, risk of loss of the Products shall remain with Vendor until delivered to Customer. WAIVER: Vendor's failure to exercise or enforce any right in the Purchase Order, or any other right or privilege under law, or Vendor's waiver of any breach by Customer shall not constitute a waiver or modification of any terms, conditions, privileges or rights whether of the same or similar type, unless Vendor gives such waiver in writing. LIENS: Vendor waives and relinquishes all existing and future liens and claims (statutory or otherwise) for the Products specified in the Purchase Order, and warrants that the Products will be free and clear of all liens, claims or encumbrances of any kind. INSPECTION, REVIEW AND WITNESSING: Customer and /or the ultimate owner of the Products have the right to inspect and attend testing of the Products at Vendor's premises (or its supplier's or subcontractor's premises) with reasonable advance notice. If any inspection is made on the premises of Vendor or its supplier, Vendor, without additional charge, shall provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. APPLICABLE LAW AND VENUE: The Sale Agreement shall be governed and interpreted in accordance with the laws of the State of Texas, without reference to any principle of conflict of laws. Customer and Vendor expressly exclude the application of the Convention on International Sale of Goods to the Sale Agreement. Venue for all judicial, administrative, or regulatory proceedings shall be Houston, Harris County, Texas. OWNERSHIP OF DOCUMENTS: Title to all drawings, specifications, calculations, technical data and other documents that Customer submits in accordance with the Purchase Order shall vest with Vendor. Vendor shall have the right to use such documents for any purpose pertaining to the manufacture, assembly, and delivery of the Products. Title to all drawings, specifications, calculations, technical data, and other documents that Vendor submits to the Customer shall vest with the Customer. Customer shall have the right to use such documents for any purpose pertaining to the installation, operation, and maintenance of the Products. INSURANCE: Vendor shall comply with the project insurance requirements for which the Products are being provided. Customer shall provide specific reasonable levels required as soon as such levels are available, which shall not exceed $1,000,000 for any non - statutory category other than excess liability umbrella, which shall not exceed $4,000,000. When requested by Customer, Vendor shall provide certificates of insurance as proof of same. SURVIVAL: The provisions of the following Paragraphs of these Terms and Conditions shall survive any cancellation or termination of the Purchase Order: (Proprietary Information, Confidentiality and Advertising), (Indemnification), (Liens), and (Applicable Law and Venue). 1400 Schertz Parkway *Schertz, Texas 78154 * 210.619.1020 * schertz.com Customer Quote 71812022 9:30:41 AM Invoice To: 11338 Jason Mabbitt City of Schertz EMS 1400 Schertz Pkwy, Bldg 7 Schertz TX 78154 US Deliver To: Frazer Estimate No: Q2756 -0001 Quote Date: 7/8/2022 Expiration Date: 8/22/2022 Salesperson: KS Payment Terms: Due on Delivery Jason Mabbitt City of Schertz EMS 1400 Schertz Pkwy, Bldg 7 Schertz TX 78154 US Phone:210- 619 -1400 Order Instructions: *Chassis only must be paid for at time of arrival to dealership. Balance will be invoiced 30 days prior to unit completion and will be due at time of delivery.* *All customer provided items will need to be at Frazer prior to vour unit startinc production. Our inside team will send reminders for these dates.* No. I Item Qty I U /M: I Unit Price I Net Amount 1 MODULE 1.00 EA $ 216,216.00 $ 216,216.00 Type 112' XT Module 2 CHASSIS 1.00 EA $ 52,000.00 $ 52,000.00 2023 Ford F -450 Gas *Estimated chassis price may change at the discretion of the chassis manufacturer* 3 DELIVERY 1.00 M $ 0.00 $ 0.00 Customer Pick Up- Frazer FOB 4 HGAC -NEW 1.00 EA $ 1,000.00 $ 1,000.00 Contract No. AM10 -20 5 SpecDoc 1.00 EA $ 0.00 $ 0.00 Configurable item to create the SpecDoc Frazer will accept returns on parts up to 180 days after shipment. No restocking fee will be charged if the item is returned within 90 days of the original invoice date. All parts retums should be shipped back freight prepaid and require prior approval with a Returns Material Authorization "(RMA) dearly displayed on the exterior of the shipping package. A credit will be issued towards the customers account within approximately 7business days of receipt of the item. if pan' is returned after 90 days of the original invoice date a 15% restocking fee will be applied. Frazer Ltd reserves the right to accept returned items at its sole discretion based upon the condition of the item to be placed back into stock. Prod Frazer, Ltd. Page 1 of 2 ksalsman Customer Quote 7/8/2022 9:30:41 AM Frazer Estimate No: Q2756 -0001 Quote Date: 7/8/2022 Expiration Date: 8/22/2022 Salesperson: KS Payment Terms: Due on Delivery Order Instructions: No. Item Qty I U /M: Unit Price Net Amount Sale Amount: 269,216.00 Order Disc( 0.0000 %): 0.00 Surcharge: N/A Sales Tax: 0.00 Misc Charges: 0.00 Total Amount: 269,216.00 Frazer will accept retums on parts up to 180 days after shipment. No restocking fee will be charged if the item is returned within 90 days of the original invoice date. All parts returns should be shipped back freight prepaid and require prior approval with a Returns Material Authorization "(RMA) clearly displayed on the exterior of the shipping package. A credit will be issued towards the customer's account within approximately 7 business days of receipt of the item. if a part is returned after 90 days of the original invoice date a 15% restocking fee will be applied. Frazer Ltd reserves the right to accept returned items at its sole discretion based upon the condition of the item to be placed back into stock. Prod ksalsman Frazer, Ltd. Page 2 of 2 Frazer Defining the future of Mobile Healthcare" For your convenience, all pricing has been itemized below per quote Q2756 -0001 for City of Schertz EMS Base Module $ 126,516.00 Chassis Exterior $ 25,925.00 Module Exterior $ 38,775.00 Chassis Interior $ 8,600.00 Module Interior $ 16,400.00 Total $ 216,216.00 Items included in above totals: 1. Type I 12' XT Module $ incl 2. This is a CAAS Unit $ incl Chassis Exterior: 3. Chassis Paint Layout: Paint All Two Tone - FLNA 92772 and FLNA 10707 $ 6,500.00 4. Chassis: 2023 Ford F -450, Gas, 4x2, Regular Cab, 84" Cab to Axle, Ford White $ incl (FA90:YO) 5. Suspension: LiquidSpring $ 13,550.00 6. Wheel type: Factory Steel $ incl 7. Dual Dynamics Valve Stern Extender with Equalization and Pressure Indicator $ 325.00 8. Road Force Elite tire and wheel balancing $ incl 9. Chassis Steps: ArcRite with Sure Grip $ 1,175.00 10. Grille Guard: Full Replacement Bumper $ 1,525.00 11. Siren Amplifier: Howler $ 1,475.00 12. Window Tint (35% VLT) on Chassis Doors $ 325.00 13. Passenger's side Grille Light: Whelen M6 Red Light $ 75.00 14. Driver's side Grille Light: Whelen M6 Blue Light $ 75.00 15. Passenger's side Intersect Light: Whelen M6 Blue Light $ 75.00 16. Driver's side Intersect Light: Whelen M6 Red Light $ 75.00 17. Additional Grille Guard Driver Side Light: Whelen M4 Red/Blue Light $ 375.00 18. Additional Grille Guard Passenger Side Light: Whelen M4 Blue/Red Light $ 375.00 Chassis Exterior Subtotal $ 25,925.00 Module Exterior: 19. Power Source: Onan 5.5kW Generator $ 11,000.00 20. Module Paint Layout: Two Tone - FLNA 92772 and FLNA 10707 $ 3,475.00 21. SuperTherm Coating on Module Roof $ 1,175.00 22. Rear Wall 3M Conspicuity Layout - Chevron : Yellow Base Color and Blue - $ 1,750.00 Page 1 of 11 A F TM r a Z or Defining the future of Mobile Healthcare: Reflective Overlay 23. Conspicuity on Rear Entry Door Windows Matching the Rear Wall $ 200.00 24. Entry Door Conspicuity Layout - Squares : White Base Color $ 375.00 25. Conspicuity Strips on Compartments Matching the Rear Wall $ 325.00 26. Frazer Provided Graphics $ 3,000.00 27. Body Drop on the Passenger's Side Forward of Rear Wheels $ incl 28. Hidden Switch Behind the Driver's Side Rear Bumper End Cap $ 250.00 29. Dri-Deck in Applicable Exterior Compartments $ 325.00 30. Ground Lights: Perimeter of Module and Under Chassis Steps $ 3,475.00 31. Shore Power: Dual 20/30 Amp Kussmaul Auto Eject w/ Yellow covers on Rear Wall $ 675.00 32. Pigtail/Plug Option: Pigtail $ incl 33. Coax 1: Run coax from location 1 to Chassis $ incl 34. Coax 2: Run coax from location 2 to Electrical Compartment terminated to Sierra $ incl Wireless Antenna 35. Coax 3: Run coax from location 3 to Electrical Compartment terminated to UHF $ incl Antenna 36. Coax 4: Run coax from location 4 to Electrical Compartment terminated to VHF $ incl Antenna 37. UNOC #2212 - Furnish and install Green LED indicator light above each shore power $ 225.00 outlet 38. UNOC #811 - Install customer provided Sierra Wireless modem in the electrical $ 250.00 compartment, battery hot, with antenna on module roof at location #2 39. Front Scene: Whelen Pioneer Plus Dual Panel LED (Surface) $ 2,200.00 40. Front Wall Light Layout: Lower 5 Lights $ incl 41. Front Wall Light #1: Whelen M6 Blue Light $ incl 42. Front Wall Light #2: Whelen M6 Red Light $ incl 43. Front Wall Light #3: Whelen M6 Clear Light $ incl 44. Front Wall Light #4: Whelen M6 Red Light $ incl 45. Front Wall Light #5: Whelen M6 Blue Light $ incl 46. Front Wall Driver Side Box Light: Whelen M9 Red Light $ 150.00 47. Front Wall Passenger Box Light: Whelen M9 Red Light $ 150.00 48. Driver Wall Front Box Light: Whelen M9 Red Light $ 150.00 49. Driver Wall Rear Box Light: Whelen M9 Red Light $ 150.00 50. Driver Wheel Well Light: Whelen M6 Blue Light $ incl 51. Scene Light Option: Whelen Pioneer Plus Dual Panel LED (Surface) $ 3,250.00 Page 2 of 11 P T re Frazer Defining the future of Mobile Healthcare- 52. 02 Compartment Style: Laydown 02 with Divider and Adjustable Shelf $ 225.00 53.02 Rollers for an H Cylinder $ incl 54.02 Cylinder Changing Wrench $ 100.00 55. Electrical Compartment Style: Standard Electrical Compartment $ incl 56. Lower Storage Style: Standard Lower Storage $ incl 57. Compartment Above Wheel Well Style: Standard Compartment Above Wheel Well $ incl 58. Dometic Self - Contained A/C with Exhaust Fan $ incl 59. Rear Storage Compartment Style: Rear Storage with divider and shelf with I/O access $ 575.00 60. Module Window Option: Sliding Window $ incl 61. Upper Rear Wall Light Layout: 3 Across $ incl 62. Upper Light #1: Whelen M6 Load Light $ incl 63. Upper Light #2: Whelen M6 Amber Light $ incl 64. Upper Light #3: Whelen M6 Load Light $ incl 65. Lower Light #1: Whelen M6 Brake /Tail /Turn Red Light $ incl 66. Lower Light #2: Whelen M6 Brake /Tail /Turn Red Light $ incl 67. Lower Light #3: Whelen M6 Red /Amber Light $ 100.00 68. Lower Light #4: Whelen M6 Red/Amber Light $ 100.00 69. Rear Wall Driver Box Light: Whelen M9 Red Light $ 150.00 70. Rear Wall Passenger Box Light: Whelen M9 Red Light $ 150.00 71. Rear Backboard: 5" Compartment Shelf $ 250.00 72. Lower BTTs: 2 M6 Lights on each side $ 825.00 73. Rear Bumper $ incl 74. Door Grabbers $ incl 75. License Plate Light $ incl 76. Passenger Wall Front Box Light: Whelen M9 Red Light $ 150.00 77. Passenger Wall Rear Box Light: Whelen M9 Red Light $ 150.00 78. Passenger Wheel Well Light: Whelen M6 Blue Light $ incl 79. Passenger Scene Light Activated with Side Entry Door $ 350.00 80. Interior Step Option: Double Step Well $ incl 81. Passenger Rear Compartment Style: Onan Genset Compartment $ incl 82. Door Locks on Entry Doors and Compartments $ 3,100.00 Module Exterior Subtotal $ 38,775.00 Page 3 of 11 Frazer Defining the future of Mobile Healthcare- Chassis Interior: 83. Siren Speakers: Whelen SA 315 Speakers $ incl 84. Tap -2 on Primary Siren $ incl 85. Siren Option: Whelen C9 Siren in Console $ incl 86. Mic 1 shipped loose $ incl 87. HAAS Alert System: HAAS Alert Responder to Vehicle - 3 Year Sub $ incl 88. Slot 1: Single Slot Switch Panel $ incl 89. Slot 2: Radio Plate: 7.5 L X 2.5 W opening dims $ incl 90. Slot 3: Siren 1 $ incl 91. Slot 4: Single Blank $ incl 92. Console Switch Layout: Primary - Secondary - Howler - Front Scene - Side Scene $ incl (Driver's Side) - Side Scene (Passenger's Side) - Rear Load - Interior Lights - Start/Stop Genset - 93. New Armrest $ 250.00 94. Console Layout: 4 -Slot Console $ incl 95. Front Base of Console: 120VAC $ 600.00 96. Floor in Front of Console: Gamber Johnson Heavy Dual Cup Holder $ 200.00 97. Front of Console: 12VDC wired Battery hot with Medical Diode $ 300.00 98. Rear of Console: Single Mapholder $ 250.00 99. Chassis Rear Wall: 3 High Glove Box Holder $ 250.00 100. Back -up warning system with speaker installed inside the console $ 1,100.00 101. Secure -Idle Anti -Theft System $ 725.00 102. Aftermarket Vinyl Seats $ 950.00 103. UNOC #1094 - Install customer provided Digital Ally DVM 250 monitor built into $ 1,575.00 rear view mirror/DVR, with forward - facing, driver- facing, and back -up cameras 104. UNOC #297 - Install customer provided radio equipment: $ 675.00 - Motorola APX 7500 multi -band radio base in electrical compartment; wired battery hot - Multi -band antenna on module roof, location #3 - Radio head in console slot 2 - Mic on D/S of console slot 2 - Speaker on rear of map holder on rear of console, facing up 105. UNOC #1655 - Furnish and install Havis telescoping pole mount with motion adapter $ 1,000.00 and swivel on P/S front of console (see pics in unit folder) Page 4 of 11 Frazer," Defining the future of Mobile Healthcare" 106. UNOC #796 - Install customer provided CAD mount on motion adapter attached to $ the telescoping pole mount, with Lind power supply inside the console; battery hot 107. UNOC #86 - Install (1) customer provided Streamlight Stinger flashlight and charger $ on driver's side of console slot 1; battery hot 108. UNOC #332 - Furnish and install Kussmaul dual USB on console switch panel $ Chassis Interior Subtotal $ Module Interior: 109. Protek Cushions 110. Gunmetal Grey Interior 111. Stainless Steel Countertops 112. Safety Yellow Powdercoated Grab Rails 113. Front UO with Lexan Doors 114.2 High "D" Cylinder Holder in the Front UO Facing the Rear Wall 115. Duplex Outlet in the Front I/O 116. Map Holder on Side of Front I/O 117. Module Heater: New 118. Duplex Outlet on the Front Wall 119. Customer Provided Medvault 120. Netting at the Front Corner Area 121. UNOC #1778 - Install customer provided Engel 15 -qt fridge with slide lock and spacer in standard location 122. Location 1: 4 Switch w /Thermostat 123. Location 2: Single 02 Outlet 124. Location 3: 12VDC wired Battery hot with Medical Diode 125. Location 4: Dual USB receptacles 126. Location 6: Blank 127. Location 7: Blank 128. Location 8: Quad 120 VAC 129. Location 9: Suction 130. Action Wall Switch Layout: Interior Lights; Dimmer; Ventilation Fan; Module Heater - Hi/Off /Low; 131. Sharps Container at Action Wall 132. Acrylic Holder at the Action Wall Cabinet 133. New 6pt Harness at the CPR Seat Page 5 of 11 $ 400.00 100.00 225.00 8,600.00 incl incl incl 200.00 incl 200.00 incl 200.00 1,000.00 incl 525.00 incl 200.00 incl incl 300.00 250.00 incl incl incl incl incl incl incl 600.00 AREA Frazer TM Defining the future of Mobile Healthcare; 134. Acrylic Holder Aft CPR Seat $ incl 135. Rear Door Switch Layout: Acknowledge; Blank; Dump/Bypass (Suspension); Rear $ incl Load; 136. UNOC #520 - Furnish and install (1) Perko clip on bottom right corner of AC vent $ 100.00 plate and (1) on P/S of rear wall toward head knocker 137. UNOC #726 - Furnish and install 12" grab bar /IV pump bar on bottom of action wall $ 225.00 cabinet, as far toward rear of unit and as close to the aisle as possible 138. Two Seating Positions at the Squad Bench - 2 and 3 $ incl 139. Harness Type for Seat Position 2: New 6pt Harness $ 600.00 140. Harness Type for Seat Position 3: New 6pt Harness $ 600.00 141. Acrylic Holder and Sharps at Squad Bench $ 925.00 142. Double Squad Bench Cabinet $ 725.00 143. New Glove Box & Handrail at the Head of the Squad Bench $ 325.00 144. Trashcan With Lid at the Head of the Squad Bench $ incl 145.02 Outlet at the Squad Bench Wall $ incl 146. Install Evergreen UV -C air and surface disinfection lamp in ceiling raceway with $ 5,225.00 control unit in electrical compartment 147. IV Hanger on Ceiling Raceway $ incl 148. Overhead Grabrails on Both Sides $ 250.00 149. IV Hanger on Squad Bench Ceiling $ incl 150. Head knocker options: With Clock only $ 525.00 151. Stryker cot tower only ( no antler and bar) $ incl 152. Floor Options: Customer Provided Stryker Power -LOAD $ 1,925.00 153. Loncoin II Onyx Floor $ incl 154. Captain's Chair Type: Captain's Chair with Child Safety Seat and Opt. Harness $ 825.00 155. Customer Provided Items Processing Fee $ 675.00 Module Interior Subtotal $ 16,400.00 156. Temporary Supply Chain Surcharge $ 14,616.00 Page 6 of 11 AA Frazer Defining the future of Mobile Healthcare" Remit To: Per TMVCC, we are quoting this through our licensed franchise dealer, Sterling McCall Ford. Sterling McCall Ford 6445 Southwest Freeway Houston TX 77074 Email this quote along with your PO to Kalyn Salsman at ksalsman @frazerbilt.com Standard Terms and Conditions INVOICING AND PAYMENT TERMS: Vendor shall submit one (1) original invoice per payment due. The invoice(s) shall include the items listed in accordance with the quote mentioned in the Sale Agreement with reference to the Customer's Purchase Order Number. If the Sale Agreement provides for any progress (or advance) payments based on specific milestones or activities, Vendor's invoice shall certify to the accomplishment or performance by Vendor of said milestone or activity, and that Customer has obtained a security interest in such Products to the extent of such payment. Payment shall be due upon receipt of the invoice and delivery of the unit to the Customer unless previously negotiated. CANCELLATION POLICY: Cancellation of orders must be received 120 days prior to the agreed upon delivery date. If the order is cancelled within the 120 day window, a fee of 25% of the total purchase order price will apply. DELIVERY TERMS: The products listed in the estimate are to be delivered Free On Board (FOB) Destination to Houston,TX. Customer representative(s) will pick up the unit at upfitter location, 7219 Rampart St., Houston, TX 77081 and transport it to their final destination at customer expense unless otherwise specified in the Vendor quote. Page 7 of 11 DER Frazer," Defining the future of Mobile Healthcare- TERMINATION FOR CAUSE: Customer may terminate this Sale Agreement and any corresponding Purchase Order, or any part thereof, for cause including, but not limited to the following Vendor actions: (1) any default or breach of any of the terms and conditions of the Sale Agreement, (2) failure to provide Customer, upon request, a reasonable assurance of future performance, or (3) bankruptcy, dissolution, or suspension of payments by judicial decree. If Vendor does not cure such failure within a period of five (5) days or such a longer period as Customer may authorize in writing after the date such notice is sent to Vendor, then termination may proceed. Vendor may also terminate this Sale Agreement and any corresponding Purchase Order for cause, and Vendor will not be in breach of same, in the event any supplier to Vendor fails to deliver Products and/or component parts in a timely fashion and Vendor cannot make alternate accommodations in order to comply with the Parties' agreed upon completion and delivery dates. CHANGE ORDERS: Vendor has the right to modify the Purchase Order requirements and conditions as needed and will advise Customer in writing of such requested changes. Vendor shall not proceed with any changes without Customer's written authorization. Any request by Customer to change the terms or conditions of the Purchase Order, including product specifications, options, and price, must be made in advance of the production job order release. Any changes made after the release of the production job order will incur a $350 fee per change order made in a 24 hour period and will be included on a secondary invoice. Vendor reserves the right to refuse changes requested by the Customer. PROPRIETARY INFORMATION, CONFIDENTIALITY AND ADVERTISING: All commercial, financial or technical information in any form that Vendor provides to Customer shall be deemed proprietary and confidential and Customer shall not disclose such information to third parties without Vendor's written consent. Termination of the Sale Agreement shall not relieve Customer of this confidentiality obligation. Upon Vendor's request, Customer shall return all confidential information to Vendor along with any reproductions, in whole or in part. The confidentiality obligation does not apply to information that is in the public domain through no fault of Customer or to information lawfully within Customer's possession prior to the date of the Purchase Order, as evidenced by Customer's written records. INDEMNIFICATION: Customer shall fully release, indemnify, defend and hold harmless Vendor, its co- venturers, its contractors, and their respective affiliates, and Vendor's and their respective directors, officers and employees (including agency personnel) ( "Vendor Group ") from and against any and all claims arising out of the Customer's purchase, use, sale or incorporation of any Products purchased from Vendor into Customer's products or equipment wherein it is claimed or alleged that Vendor's Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Page 8 of 11 Frazer Defining the future of Mobile Healthcare" Order without regard to any allegation of negligence on the part of the Vendor Group as it pertains to Vendor's Products. Vendor shall fully release, indemnify, defend and hold harmless Customer, its co- venturers, its contractors, and their respective affiliates, and the Customer's and their respective directors, officers and employees (including agency personnel) ( "Customer Group ") from and against any and all claims arising out of the Customer's purchase, use, sale or incorporation of any Products purchased from Vendor into Customer's products or equipment wherein it is claimed or alleged that Vendor's Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Customer Group as it pertains to Vendor's Products. Customer Initials: LIMITATIONS ON DAMAGES: In the event of any dispute, disagreement or breach alleged by Customer on the part of Vendor, Customer's exclusive and sole remedy shall be repair or replacement, if practical, of the module, or component part, by Vendor. If Vendor is not able to effectuate a repair, replacement, or cure that brings the module, or component part, into compliance with the Parties' agreement, then Vendor shall refund the sale price to Customer. In no event shall Vendor be liable to Customer, or to any third -party acting through Customer, for any additional, consequential or punitive damages, or damages for lost sales, revenue or profits claimed by Customer or any third -party acting through Customer. FORCE MAJEURE: A force majeure delay shall mean any delay or other unforeseeable causes beyond the reasonable control of the party affected, provided that any such delay is not caused, in whole or in part, by the acts or omissions of the party so delayed and further provided that such party is unable to make up for such delay with reasonable diligence and speed. If any such cause delays Vendor's performance, the delivery date or time for completion may be extended by a period of time reasonably necessary to overcome the effect of such delay; however, Vendor shall take all reasonable measures to mitigate the effects of the force majeure event and to minimize such delay. A party affected by a force majeure event shall notify the other party of such force majeure event within forty-eight (48) hours of its knowledge of such event for the event to be considered a bona fide force majeure event. TITLE AND RISK OF LOSS: Title to the Products shall transfer to Customer upon receipt of Products by Customer or its agent unless otherwise stated in the Sale Agreement. Notwithstanding the above, risk of loss of the Products shall remain with Vendor until delivered to Customer. Page 9 of 11 EP, A/J A Frazer � IR Defining the future of Mobile Healthcare' WAIVER: Vendor's failure to exercise or enforce any right in the Purchase Order, or any other right or privilege under law, or Vendor's waiver of any breach by Customer shall not constitute a waiver or modification of any terms, conditions, privileges or rights whether of the same or similar type, unless Vendor gives such waiver in writing. LIENS: Vendor waives and relinquishes all existing and future liens and claims (statutory or otherwise) for the Products specified in the Purchase Order, and warrants that the Products will be free and clear of all liens, claims or encumbrances of any kind. INSPECTION, REVIEW AND WITNESSING: Customer and/or the ultimate owner of the Products have the right to inspect and attend testing of the Products at Vendor's premises (or its supplier's or subcontractor's premises) with reasonable advance notice. If any inspection is made on the premises of Vendor or its supplier, Vendor, without additional charge, shall provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. APPLICABLE LAW AND VENUE: The Sale Agreement shall be governed and interpreted in accordance with the laws of the State of Texas, without reference to any principle of conflict of laws. Customer and Vendor expressly exclude the application of the Convention on International Sale of Goods to the Sale Agreement. Venue for all judicial, administrative, or regulatory proceedings shall be Houston, Harris County, Texas. OWNERSHIP OF DOCUMENTS: Title to all drawings, specifications, calculations, technical data and other documents that Customer submits in accordance with the Purchase Order shall vest with Vendor. Vendor shall have the right to use such documents for any purpose pertaining to the manufacture, assembly, and delivery of the Products. Title to all drawings, specifications, calculations, technical data, and other documents that Vendor submits to the Customer shall vest with the Customer. Customer shall have the right to use such documents for any purpose pertaining to the installation, operation, and maintenance of the Products. INSURANCE: Vendor shall comply with the project insurance requirements for which the Products are being provided. Customer shall provide specific reasonable levels required as soon as such levels are available, which shall not exceed $1,000,000 for any non - statutory category other than excess liability umbrella, which shall not exceed $4,000,000. When requested by Customer, Vendor shall provide certificates of insurance as proof of same. Page 10 of 11 REP Frazer Defining the future of Mobile Healthcare- SURVIVAL: The provisions of the following Paragraphs of these Terms and Conditions shall survive any cancellation or termination of the Purchase Order: (Proprietary Information, Confidentiality and Advertising), (Indemnification), (Liens), and (Applicable Law and Venue). Page 11 of 11