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HomeMy WebLinkAboutFD06-122 - Original - Medtec Corporation - Purchase of Medium Duty Aid Car - 06/20/2006 Records Map fgemeh�; CE?�T Docul„etlC was Nncrue .t - CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Q22z2 Vendor Number: JD Edwards Number Contract Number: F00(o — i 2a This is assigned by Deputy City Clerk Description: &Z,�nLa Detail: Project Name: Contract Effective Date: Termination Termination Date: Contract Renewal Notice (Days): ✓V,��- Number of days required notice for termination or renewal or amendment Contract Manager: 2&2/Dz Department: Abstract: S Public\RecordsManagement\Forms\Contractcover\ADCL7832 07/02 KE 0 T WAS HIN OTON AGREEMENT BETWEEN THE CITY OF KENT, HEDTEC CORPORATION, AND HUGHES FIRE EQUIPMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR THIS AGREEMENT is made and entered into by the City of Kent, a Washington municipal corporation, with its principal offices at 220 Fourth Avenue S., Kent, WA 98032-5895 (hereinafter "City') and Medtec Corporation, with its principal offices at 2429 Lincoln Way E., Goshen, IN 46526-6437, and Hughes Fire Equipment, with its principal place of business at 910 Shelly Street, Springfield, OR 97477 (hereinafter collectively"Vendor'). WITNE:SSETH: That in consideration of the payments, covenants, and agreements hereinafter mentioned, to be made or performed by the parties hereto, the parties covenant and agree to the following: 1. Term —Agreement. The term "Agreement," as used herein, shall constitute this document entitled "Agreement between the City of Kent, Medtec Corporation, and Hughes Fire Equipment for the Purchase of a Medium Duty Aid Car." In addition, the following exhibits are attached and incorporated into this Agreement as if fully set forth herein. Attachment A, entitled"Minimum Specifications for a Medium Duty Aid car"; Attachment B. entitled "Drawings'; Attachment C, entitled "Medtec Proposal",- Attachment D, entitled "Medtec Build Sheet"; and Attachment E, entitled "Clarifications." 2. Term — Medium Duty Aid Car. This Agreement is for the purchase of one (1) "Medium Duty Aid Car" that conforms to the terms of this Agreement. 3. Scope of Work. Vendor agrees to deliver to the City one (1) fully functional Medium Duty Aid Car that meets the specifications set forth in this Agreement and its various attachments. The City promises and agrees with Vendor to engage Vendor to provide the Medium Duty Aid Car as described in this Agreement and to complete and finish the same according to the plans and specifications set forth in this Agreement and Attachment A. The parties agree that the Medium Duty Aid Car will conform with all federal Department of Transportation rules and regulations in effect at the time of signing of the Agreement, and with all federal specifications for the Star-of-Life Ambulance, KKK- AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-1 A-1822E or the latest edition as published at the time of signing of this Agreement. 4. Delivery and Risk of Loss. Vendor agrees to deliver to the City one (1) fully functional Medium Duty Aid Car that conforms to the specifications set forth in this Agreement within 210 calendar days from the date of signing of this Agreement and receipt of International chassis at Medtec facility, F.O.B. Kent, WA. The risk of loss for any defect or damage to the Medium Duty Aid Car shall begin when vendor signs this Agreement and receives the chassis and shall remain with Vendor until the Medium Duty Aid Car is accepted by the City. S. Time is of the Essence. The City and Vendor agree that time is of the essence in the performance of this Agreement. 6. Payment and Options. The total amount to be paid for the Medium Duty Aid Car is $192,590.00*, plus any applicable sales tax. Payment shall be made within thirty (30) days of acceptance of the Medium Duty Aid Car by the City. Payment shall be made by the City directly to the party designated on the invoice. * Please see attachment for payment for available payment options. Price based on availability of 2006 EPA standard engines. 7. Preconstruction. Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for one (1) representative of the City to sit down with the manufactures' representatives at there facility to go over the specifications so all parties have a clear understanding of the cities Proposal. 8. Inspection. The City is entitled to inspect the Medium Duty Aid Car at three (3) different stages. The inspections shall include: to a mid-construction inspection prior to painting the Medium Duty Aid Car; (ii) a final construction inspection prior to leaving the factory; and (iii) a post-delivery final inspection. With the exception of the post-delivery inspection, the inspections shall occur at the Vendors manufacturing site. Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for two (2) representatives of the City for each of the inspec-Lions chat occur at the 'vendors manufacturing site. The City representatives shall, at a minimum, be afforded twenty- four (24) hours of time to inspect the Medium Duty Aid Car during the mid-construction, pre-paint inspection, and the final construction inspection. Additional inspection time shall be afforded for the inspection of any item that is discovered by a City representative to be defective. All deficiencies shall be corrected prior to the apparatus leaving the manufactures facility. The Vendor shall cover all expenses of the Kent Fire Department personnel if the apparatus is not ready at the end of the twenty-four (24) AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-2 i hour final inspection. If the deficiencies are not corrected within three days, the Vendor shall fly the Kent Fire Department personnel home. Dnce the deficiencies are corrected, the Vendor Shall notify the Kent Fire Department and fly two (2) of its representatives back to Vendor's facility to re-inspect. The manufacturer shall cover all traveling expenses, meals, and lodging if there is a re-inspection. Inspection periods shall include only the time that City representatives actually spend at the Vendor's manufacturing facility inspecting the Medium Duty Aid Car. There shall be a post-delivery final inspection conducted at the City's premises to ensure that the Medium Duty Aid Car conforms to the terms of this Agreement and passes all inspections and tests as required by the City or other laws or regulations. The initial post-delivery inspection and testing shall be completed within thirty (30) days of delivery of the Medium Duty Aid Car. In the event the Medium Duty Aid Car fails to meet the tests as required by the City on first trials, second trials may be conducted by the City, at the sole option of the City, within thirty (30) days from the date of the first trials. Such trials shall be final and conclusive. Vendor specifically agrees that its failure to afford the City the opportunity to inspect the Medium Duty Aid Car pursuant to the terms of this Agreement shall be sufficient cause, in and of itself, for the rejection of the Medium Duty Aid Car. Notwithstanding any right of inspection, Vendor shall notify the City of any known or discoverable defect in the Medium Duty Aid Car that exists on the date the Medium Duty Aid Car. 9. Acceptance. Acceptance of the Medium Duty Aid Car shall occur after the Medium Duty Aid Car passes post-delivery inspections and tests. The fact that the City uses the Medium Duty Aid Car for the inspection and tests shall not constitute acceptance. 1.0. Rejecticn. The City reserves the right to inspect the Medium Duty Aid Car for any defects, irregularities; non-conformities, and defects in workmanship and appearance, and to reject a non-conforming or defective Medium Duty Aid Car. The City will notify Vendor of the rejection of the Medium Duty Aid Car in writing. The City will also provide Vendor with a written description of the reason(s) for rejection. The City �v;il hold the Medium Duty Aid Car in its possession with reasonable care at Vendor's disposition for a time sufficient to permit Vendor to remove the Medium Duty Aid Car. If Vendor gives no instructions within a reasonable time after notification of the rejection, the City will store the Medium Duty Aid Car at Vendor's expense and such expense shall become a security interest in favor of the City. The parties understand that in the case of rejection, the City is not required to store the Medium Duty Aid Car in an enclosed area. AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-3 11. Cure. If the City has rejected the Medium Duty Aid Car for a defect or non-conformity, or the Medium Duty Aid Car has or develops a defect after acceptance of the Medium Duty Aid Car, Vendor shall have thirty (30) days to cure the defect; provided, Vendor provides the City written notice of Vendor's intent to cure the defect and assures the City that it is capable of curing such defect. The City shall notify Vendor in wnting of its discovery of any defect within thirty (30) days of the actual discovery of the defect. The cure of the defect shall be at the sole expense of the Vendor, and Vendor shall cover all costs of such cure. In the event the cure requires that the Medium Duty Aid Car be transported beyond the limits of the State of Washington, Vendor shall, in addition to covering all costs of such cure, pay to the City $0.40 per mile that the Medium Duty Aid Car is driven to cover the wear and tear on the Medium Duty Aid Car. Unless otherwise agreed to in a separate writing signed by the parties, Vendor shall have one opportunity to cure each defect for which it has been placed on notice or which Vendor discovers. Any agreement to cure defects of the Medium Duty Aid Car shall not constitute a settlement of claims brought pursuant to the terms of this Agreement. If, at any time, Vendor discovers a defect, Vendor shall, within two (2) days of discovery, notify the City of such defects in writing and shall cure such defect, if Vendor so chooses, pursuant to this section. 12. Warranty. Vendor warrants and guarantees that the Medium Duty Aid Car will be manufactured in accordance with the specifications set forth in this Agreement. Vendor further warrants that the Medium Duty Aid Car shall remain free from defect or malfunction for a period of one (1) year; PROVIDED, that in the event any warranty that appears in the attachments to this Agreement, or a warranty issued by a component manufacturer, extends beyond one (1) year years, the length of the warranty in that attachment or issued by the component manufacturer shall prevail and shall not be limited by this paragraph. The implied warranties of merchantability and fitness for a particular purpose, as set forth in sections 62A.2-314 and -315 of the Revised Code of Washington, shall apply to the Medium Dutv Aid Car. These implied warranties shall apply even though they may be disclaimed in an attachment to this Agreement, such that this section shall prevail over such disclaimer, and such disclaimer shall not apply. The inspection of or failure to inspect the Medium Duty Aid Car shall not constitute a waiver or cancellation of the implied warranties If the Medium Duty Aid Car or any component, unit, or subsystem is repaired, rebuilt, or replaced pursuant to this Agreement, such warranty work, component, unit, or AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-4 subsystem shall have the remaining unexpired warranty of the original component, unit or subsystem. Vendor shall provide all paperwork relating to warranty coverage of the Medium Duty Aid Car or their components to the City upon delivery of the Medium Duty Aid Car. The warranty periods set forth in this Agreement shall not begin to run until the City places the Medium Duty Aid Car in service. The City will promptly notify Vendor of the date the Medium Duty Aid Car is placed in service and the mileage of the Medium Duty Aid Car when it is placed in service. The warranty period set forth in this Agreement shall not run during any period in which the Medium Duty Aid Car is not functional due to a defect in the Medium Duty Aid Car so long as the City places Vendor on written notice of the defect. In the event a component manufacturer requires that the purchaser register its purchase with the manufacturer to make effective a component manufacturer's warranty, Vendor shall take all steps necessary to register such purchase with the component manufacturer. In the event Vendor fads to properly register the City's purchase with the component manufacturer, then Vendor shall assume the status of warrantor of such component as if such registration had occurred. 13. Performance Bond. Vendor shall provide and execute a performance bond for the full contract amount, which shall be subject to the City's review and approval. This performance bond shall: (1) Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current authorized Insurance List for the State of Washington published by the Office of the Washington Insurance Commissioner. (2) Be conditioned on the faithfi.,: performance of the contract by Vendor within the prescribed time. (3) Guarantee that the surety shall indemnify, defend, and protect the City against any claim of direct or indirect loss resulting from the failure: a. Of Vendor (or any of the employees, sub-contractors, volunteer sub- contractors of Vendor) to faithfully perform the contract, and AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-5 b. Of Vendor (or the sub-contractors) to pay all laborers, mechanics, sub- contractors, volunteers, material person, or any other person nho provides supplies or provisions for carrying out the work. (4) The City may require the surety companies on the Performance Bond to appear and qualify themselves. When the City deems the surety or sureties to be inadequate, it may, upon written demand, require Vendor to furnish additional surety to cover any remaining work. Until the added surety is furnished, payments on the contract will stop. (5) The parties agree that no liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 14. Independent Contractor. The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Vendor is customarily engaged in an independently established trade that encompasses the specific service provided to the City, no agent, employee, representative, or sub-contractor of Vendor shall be or shall be deemed to be the employee, agent, representative, or sub-contractor of the City. In the performance of the work, Vendor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub- contractors of Vendor. Vendor will be solely and entirely responsible for its acts and for the acts of Vendor's agents, employees, representatives, and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform similar work. 15. Non-Assignment. Vendor shall not assign this Agreement nor any part thereof, nor any monies due or to become due thereunder, without the prior written approval of the City. Vendor shall not sublet any part of This Agreement without first having obtained the written consent of the City to do 0-0. IId CASE SUCH CONSENT TO SUBLET ANY PART OF THIS AGREEMENT IS GIVEN BY THE CITY, IT SHALL IN ^;O WAY RELEASE VENDOR FROM ANY RESPONSIBILITY UNDER THIS AGREEMENT, AND VENDOR SHALL BE HELD IN ALL RESPECTS ACCOUNTABLE AS IF NO CONSENT HAS BEEN GIVEN. VENDOR WILL BE REQUIRED TO GIVE PERSONAL ATTENTION TO THE WORK THAT IS SUBLET. 16. Indemnification. Vendor shall defend, indemnify, and hold the City, it's officers, officials, employees, agents and volunteers harmless from injury and all claims, injuries, damages, losses, AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-6 and suits including all legal costs and attorney fees arising out of or in connection with the performance of this Agreement except for injuries and damages resulting frorn the sole regligenra of the City. The C'ity's inspection or acceptance of the rAlediiim nuty Aid Car when completed will not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. The City shall: (1) promptly notify Vendor of any claim for which indemnification may be sought; (2) cooperate fully in the defense of such claim; and (3) permit Vendor to settle or compromise such claim on terms and conditions which, in good faith, it determines are appropriate. 17. Insurance. Vendor shall procure and maintain for the duration of this Agreement, insurance of the types and in the amounts described below against claims for injury to persons or damage to property that may arise from or in connection with the performance of the work hereunder by Vendor, it's agents, representatives, employees, sub-consultants, or sub-contractors. Before beginning work on the project described in this Agreement, Vendor shall provide a Certificate of Insurance evidencing: Commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to: Blanket contractual; products/completed operations/broad form property damage; explosion; and employer's liability. THE INSURANCE MUST REFER TO THE PROJECT NAME, PROJECT LOCATION AND CONTAIN A BRIEF DESCRIPTION OF THE PROJECT. ANY PAYMENT OF DEDUCTIBLE OF SELF-INSURED RETENTION SHALL BE THE RESPONSIBILITY OF VENDOR. The City, it's officers, officials, agents, and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Vendor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. Vendor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respects to the limits of the insured's liability. Vendor's insurance shall be primary insurance as respects the City, and the City shall be given thirty calendar day's prior written notice by certified mail, return receipt requested, of any cancellation, suspension, or material change in coverage. AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-7 e City also reserves It The S unqualified right ILO require-, at any time for any reason, proof of roverage in the form of a duplicate of the insurance policy with all endorsements of the insurance coverage. 18. Discrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, Vendor, its sub-contractors, or any person acting on behalf of Vendor or its sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 19. Severability. If any term, provision, condition, or other portion of this Agreement, or it's application to any person is held to be inoperative, invalid, or void, than the same shall not affect any other term, provision, condition, or any other portion of this Agreement or it's application to any person. 20. Cumulation of Remedies. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 21. Non-Waiver of Breach. No term or provision hereof shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party, or waiver of, the breach of the other whether expressed or implied shall not constitute a continuing waiver of or consent to, nor excuse a different or subsequent breach. The failure of the City to en vrce one portion of this Agreement shall not constitute a waiver, or excuse the breach, of another portion of this Agreement. 22. Authority. Each parry has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. Each party further acknowledges that it AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-8 has read this Agreement and understands and agrees to be bound by its terms. 23. Choice of Law. This Agreement shall be exclusively governed and controlled by the laws of the City of Kent and the State of Washington, including, but not limited to, the State's Uniform Commercial Code as contained in Chapter 62A.2 RCW. To the extent that this Agreement conflicts with the provisions of Chapter 62A.2 RCW, the terms of this Agreement shall control. Jurisdiction and venue for any action relating to this Agreement shall exclusively be in the Superior Court for King County, Washington. 24. Termination. This Agreement may be terminated in whole or in part: (a) By the City, if Vendor fails to deliver a conforming Medium Duty Aid Car within thirty (30) days after the time for delivery specified in this Agreement or after thirty (30) days for a cure of any defect or non-conformity. The City shall notify Vendor of the termination, the reasons thereof, and the effective date. (b) By the mutual written agreement of the City and Vendor. The Agreement to terminate shall include the conditions of termination, the effective date, and in the case of termination in part, the portion to be terminated. After the effective date of termination, no charges incurred under this Agreement, or terminated portions thereof, are allowable. 25. Liquidated Damages. Liquidated damages at a rate of $100.00 per calendar day shall be assessed against Vendor for the late performance of any condition or term set forth in this Agreement. Vendor's delay in the performance of any term of this Agreement shall be excused if the cause of such delay is beyond the control of, and without the fault or negligence of, Vendor, including weather, inability to obtain materials, strikes, acts of god, acts of the i blir anamv nrtc of a nnvarnmant Pntity fires floork, and Part nijakPs. 26. Notice to Proceed. Vendor shall commence all work immediately upon execution of the Agreement and shall provide a performance bond, a copy of an insurance policy(ies)\certificate(s), a copy of the Equal Employment Opportunity Policy Declaration, and an additional insured endorsement. AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR-9 27 Sa I _. ..C°_S A T aX. The City shall be responsible for paying Washington State Sales Tax on the contract amount at a rate that is current when and where the unit is purchased. Sales tax collected by Vendor will be subject to WAC 458-20-145, Special Rule No. 1. 28. Ownership and Title. Upon acceptance of the Medium Duty Aid Car and payment by the City pursuant to this Agreement, ownership and title of the Medium Duty Aid Car shall pass to the City. 29. Modification. This Agreement may only be amended or modified by the mutual written agreement of the parties. All amendments or modifications shall be signed by both parties and be attached to this Agreement. 30. Standard of Performance. All work to be performed by Vendor shall be performed in a workman-like manner in accordance with generally accepted professional practices in effect at the time such work is performed. 31. Notices. Any notices to be delivered shall be directed to the attention of the following: CITY: City of Kent Fire Department: Attention: Chief Jim Schneider Division Chief Pat Pawlak Tom Arnson City of Kent City of Kent City of Kent 220 Fourth Ave. S. 220 Fourth Ave. S. 220 Fourth Ave. S. Kent, WA 98032 Kent, WA 98032 Kent, WA 98032 32. Entire Agreement. This Agreement constitutes the entire agreement between the City and Vendor. With the exception of properly executed modifications, representations, either written or oral, that are not contained in this Agreement, shall not be considered part of this Agreement. AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR- 10 33. Co:Lfiict of Tercets. The terms of this Agreement, including the Attachments, shall be read together. Unless otherwise specified in this Agreement, in the event that any of the terms of the Agreement including the Attachments conflict with each other, the following shall be the order of precedence: The terms of this Document entitled "Agreement Between City of Kent, Medtec Corporation, and Hughes Fire Equipment for the Purchase of Medium Duty Aid Car" shall take precedence over the terms of any other portion of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below. If the dates written below do not coincide, the latest written date shall act as the effective date of this Agreement. HUGHES FIRE EQUIPMENT CITY OF KENT By B Y y PrintJ;Vame: Pflnt Na ! Title:N Title 2 Date: Cc)— 2y - 0(A- Dade: /3 MEDTEC CORPORATION Attest: By: Brenda Jacober, City 1 rk By: _ Print Name: Approved„as, (o f 17 Title: Date: '--Arthur"Pdt"Fitzpatrick, Deputy City Attorney PkC"\RLFSOPTFNM\009P2006WC:BrPurthazeAg emnt-MedreEWughmFim dK AGREEMENT FOR THE PURCHASE OF A MEDIUM DUTY AID CAR- 11 CITY OF KENT ADMINISTRATI`JE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this s day of /AA14v . 20 BY - --- For: Title: Date: CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. � r J I, the undersigned, a duly represented agent of bl e �t e. A 4,i4 k Company, hereby acknowledge and declare that the before-mentioned company was the prime contract for the contract known as Lw- that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract. ' r4 Dated this day of By: For: �G �r �,Ir t �•�; �� Title: Z�Date` �� IL CITY OF KENT, WASHINGTON ATTACHMENT TO CONTRACT FOR PURCHASE OF A MEDIUM DUTY AID CAR FROM MEDTECH CORPORATION Contract Price and Payment Options: $ 192,590.00 Contract Price including 2006 year engine Available deduction for payment upon completion at Medtec - 2,417.00 factory(if elected) Available deduction for 80% payment within 15 days of - 3,403.00 contract execution (if elected) $ 186,770.00 Purchase price if above listed payment options are elected ENVIRONMENTAL PROTECTION AGENCY EMISSION STANDARD CHANGE The Federal Environmental Protection Agency has mandated new emission standards for diesel engines that takes affect on all engines built after December 31, 2006 The new engines meeting these standards are known as 2007 engines. Engines meeting the current standard are known as 2006 engines. The City of Kent, Washington should be aware that this contract price includes a 2006 emission standard engine Over the next few months these engines will become unavailable as the demand for 2006 engines exceeds the supply. No chassis manufacturer has yet provided a cut off date for ordering these 2006 engines or what the price of the 2007 engines will be. It has been estimated that the 2007 engines will cause an increase in price in the neighborhood of $6,000 00 - $10,000.00 per chassis. Since Medtec has no control over the supply of these chassis's and the federal regulatory standard that is causing these changes we can not guarantee that the 2006 engines will be available at the time of contract signing. If, at time of contract signing, the 2006 engines are no longer available and a 2007 engine is required, it will be the responsibility of the City of Kent, Washington to incur the added expense of the 2007 engine and this cost would be reflected in the final contract price. Any added expense incurred by Medtec for a 2007 engine shall be passed through to the City of Kent with no mark up by Medtec. This is issued as an attachment to the City of Kent/Medtec contract and is thereby included as terms of the contract in the event that the 2006 engines are no longer available.