HomeMy WebLinkAboutR2022-248 2022-10-24DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D
RESOLUTION NO. R2022-248
A Resolution of the City Council of the City of Pearland, Texas, awarding a
grant funded contract utilizing American Rescue Plan Act (ARPA) funds for
and an interlocal pricing agreement with the Texas BuyBoard, for the
purchase of one (1) fire pumper/engine truck and one (1) fire ladder truck from
Siddons-Martin Emergency Group, in the amount of $2,849,211.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That interlocal cooperative pricing for the purchase of one (1) fire
pumper/engine truck and one (1) fire ladder truck has been obtained.
Section 2. That the City Council hereby awards a contract to Siddons-Martin Emergency
Group in the amount of $2,849,211.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the purchase of on (1) fire pumper/engine truck and on (1) fire ladder truck from Siddons-Martin
Emergency Group in the amount of $2,849,211.
PASSED, APPROVED and ADOPTED this the 24th day of October, A.D., 2022.
-DocuSigned by:
J. IZM9o2E
MAYOR
ATTEST:
DocuSigned by:
Fraln.a-s QSay
FR KaigFA&UILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
—DcuSigned by:
DAWklUtiF. OKER
CITY ATTORNEY
ADDENDUM CLAUSES
UNIFORM ADMINISTRATIVE REQUIREMENTS
for
ARPA SLFRF GRANT FUNDED PROGRAMS
This addendum of clauses provides the applicable terms and conditions to be executed in the event
the City enters into an amended agreement with an existing VENDOR, for emergency professional
and/or general services necessary for response and/or recovery from the Coronavirus pandemic
disaster (COVID-19), and federal and/or State grant funding requirements are imposed upon the
City and an applicable Vendor.
This addendum is being executed between the City of Pearland (CITY) and
Siddons Martin Emergency Group (VENDOR), per contract scope of services designed to provide
the scope of work found in Exhibit A.1 (attached).
The original contract is attached and now subject to the additional requirements below, for the
portion of work associated with the scope of work found in Exhibit A.1.
INSTRUCTIONS:
1. VENDOR Signs and Dates Assurances on Page 8; and
2. VENDOR and City Execute Addendum on Page 10.
I. FEDERAL UNIFORM REQUIREMENTS
Equal Opportunity
Per federal regulations in 41 CFR Part 60-1.4(C)(b), during the performance of this
contract, the VENDOR:
(1) will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The VENDOR will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
The VENDOR agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The VENDOR will, in all solicitations or advertisements for employees placed by or
on behalf of the VENDOR, state that all qualified applicants will receive considerations
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for employment without regard to race, color, religion, sex, or national origin.
(3) The VENDOR will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the VENDOR's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The VENDOR will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The VENDOR will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the VENDOR's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the VENDOR may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions as may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(7) The VENDOR will include the option of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each Subcontractor. The VENDOR will take such action with respect
to any subcontract or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided, however,
That in the event a VENDOR becomes involved in, or is threatened with, litigation with a
Subcontractor or vendor as a result of such direction by the administering agency the
VENDOR may request the United States to enter into such litigation to protect the interests
of the United States."
Davis -Bacon Act
The VENDOR agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours
and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and
local laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The VENDOR agrees to comply with the Copeland Anti -
Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S.
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Department of Labor at 29 CFR Part 3. The VENDOR shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Subrecipient for review upon request.
The VENDOR agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all VENDORs engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the Subrecipient in 2 CFR Part 200, Appendix II, ¶ D, pertaining
to such contracts and with the applicable requirements of the regulations of the Department
of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journey workers; provided that, if wage rates higher than those
required under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the VENDOR of its obligation, if any, to require payment of the higher
wage. The VENDOR shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of this paragraph.
Copeland "Anti -Kickback" Act
(1) VENDOR. The VENDOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and
the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The VENDOR or Subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the Subcontractors to include these clauses
in any lower tier subcontracts. The prime VENDOR shall be responsible for the compliance
by any Subcontractor or lower tier Subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a VENDOR and Subcontractor as provided in 29 C.F.R. §
5.12."
Contract Work Hours and Safety Standards Act
Applicability: This requirement applies to all federal grant and cooperative agreement programs.
Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess
of $1 00,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor
regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, § E.
Under 40 U.S.C. § 3702, each VENDOR must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
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The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance
with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. The VENDOR nor Subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the VENDOR and any Subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such VENDOR and
Subcontractor shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
101 th in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City of Pearland upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the VENDOR or Subcontractor under any such contract or any other Federal
contract with the same prime VENDOR, or any other federally -assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime
VENDOR, such sums as may be determined to be necessary to satisfy any liabilities of
such VENDOR or Subcontractor for unpaid wages and liquidated damages as provided in
the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The VENDOR or Subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the
Subcontractors to include these clauses in any lower tier subcontracts. The prime
VENDOR shall be responsible for compliance by any Subcontractor or lower tier
Subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
Rights to Inventions Made Under a Contract or Agreement.
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Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard
Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling
Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal
Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA
awards under these programs do not meet the definition of "funding agreement."
If a FEMA award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the
non -Federal entity wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of patties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the non -Federal entity must
comply with the requirements of 37 C.F. R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200,
Appendix II, § F.
The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract,
grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee
Valley Authority, and any VENDOR for the performance of experimental, developmental, or
research work funded in whole or in part by the Federal government. This term also includes any
assignment, substitution of pm ties, or subcontract of any type entered into for the performance of
experimental, developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
Debarment and Suspension.
Applicability: This requirement applies to all federal grant and cooperative agreement programs.
Non-federal entities and VENDORs are subject to the debarment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order
12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland
Security's regulations at 2 C.F.R. Part 3000 (Non -procurement Debarment and Suspension).
These regulations restrict awards, subawards, and contracts with certain parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal assistance
programs and activities. See 2 C.F.R. Part 200, Appendix II, § I; and Chapter N, § 6.d and
Appendix C, § 2. A contract award must not be made to parties listed in the SAM Exclusions.
SAM Exclusions is the list maintained by the General Services Administration that contains the
names of patties debarred, suspended, or otherwise excluded by agencies, as well as patties
declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV, § 6.d and
Appendix C, § 2.
In general, an "excluded" party cannot receive a Federal grant award or a contract within the
meaning of a "covered transaction," to include subawards and subcontracts. This includes patties
that receive Federal funding indirectly, such as VENDORs to recipients and subrecipients. The
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key to the exclusion is whether there is a "covered transaction," which is any non -procurement
transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered
transactions" do not include contracts awarded by the Federal Government for purposes of the
non -procurement common rule and DHS's implementing regulations, it does include some
contracts awarded by recipients and subrecipient.
Specifically, a covered transaction includes the following contracts for goods or services:
(I) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.
(2) The contract requires the approval of the awarding federal agency, regardless of
amount.
(3) The contract is for federally -required audit services.
(4) A subcontract is also a covered transaction if it is awarded by the VENDOR of a
recipient or subrecipient and requires either federal approval, or is in excess of $25,000.
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such the VENDOR is required to verify that none of the VENDOR, its principals (defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) 01' disqualified (defined at 2 C.F.R. § 180.935).
The VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
This certification is a material representation of fact relied upon by (insert name of subrecipient).
If it is later determined that the VENDOR did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the Texas Division of Emergency
Management (TDEM) and/or the City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions."
Byrd Anti -Lobbying Amendment.
Applicability: This requirement applies to all federal grant and cooperative agreement programs.
VENDORs that apply or bid for an award of $100,000 or more must file the required certification.
See 2 C.F.R. Part 200, Appendix II, § J; 44 C.F.R. Part 18; Chapter N, 6.c; Appendix C, § 4.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
6
pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non -Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non -Federal award. See Chapter IV, § 6.c and Appendix C, § 4.
Per the Byrd Anti -Lobbying Amendment. 31 U.S.C. § 1352 (as amended), should the VENDOR
bid for an award of $100,000 or more, the VENDOR shall file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient.
Certification Regarding Lobbying
The undersigned VENDOR certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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The VENDOR, Siddons Martin Emergency Group, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the VENDOR
understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification
and disclosure, if any.
iaturof VENDOR's Authorized Official
4. De -4 -a4 -t.
Jeffrey A. Doran - Director Order Mnagement
Name and Title of VENDOR's Authorized Official
10-25-2022
Date
Procurement of Recovered Materials.
Applicability: This requirement applies to all federal grant and cooperative agreement programs.
A non -Federal entity that is a state agency or agency of a political subdivision of a state and its
VENDORs must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272
(1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. §
6962). See 2 C.F.R. Part 200, Appendix II, § K; 2 C.F.R. § 200.322; Chapter V, § 7.
The requirements of Section 6002 include procuring only items designated in guidelines of the
EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of II competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
In the performance of this contract, the VENDOR shall make maximum use of products containing
recovered materials that are EPA -designated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
Additional Federal Requirements.
The Uniform Rules authorize the federal government to require additional provisions for non -
Federal entity contracts. Pursuant to this authority, the following are required:
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Changes.
To be eligible for federal assistance under the non -Federal entity's grant or cooperative
agreement, the cost of the change, modification, change order, or constructive change must
be allowable, allocable, within the scope of its grant or cooperative agreement, and
reasonable for the completion of project scope. It is recommended, therefore, that a non -
Federal entity include a changes clause in its contract that describes how, if at all, changes
can be made by either party to alter the method, price, or schedule of the work without
breaching the contract. The language of the clause may differ depending on the nature of
the contract and the end -item procured.
Access to Records.
The following access to records requirements apply to this contract:
(1) The VENDOR agrees to the City of Pearland, the Comptroller General of the
United States, and the Secretary of the U.S. Treasury, or any of their authorized
representatives access to any books, documents, papers, and records of the
VENDOR which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The VENDOR agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The VENDOR agrees to provide the federal government or an authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract."
Seals, Logos, and Flags.
The VENDOR shall not use the seal(s), logos, crests, or reproductions of flags or likenesses
of any federal, State or local agency without specific pre -approval from any such agency;
particularly, as it relates to DHS Standard Terms and Conditions, v 3.0, § XXV (2013).
Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that federal financial assistance will be used to fund the
contract only. The VENDOR will comply will all applicable federal law, regulations,
executive orders, federal policies, procedures, and directives.
No Obligation by Federal Government.
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non -Federal entity, VENDOR, or any other patty pertaining to any
matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts.
The VENDOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the VENDOR's actions pertaining to this contract.
II. U.S. TREASURY COMPLIANCE
The VENDOR shall, to the extent feasible and applicable, cooperatively comply with the terms
and conditions of the American Rescue Plan Act and the State & Local Fiscal Recovery Fund
(SLFRF), as applicable to the CITY, adhering to any of the required tiered compliance with
applicable rules and regulations in the Act that pass through the CITY to the VENDOR.
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
City of Pearland Authorized Official
Clay Pearson — City Manager
Name of Authorized O rcial
Sig ature
/ Z -S1 Date
VENDOR VENDOR Authorized Official
Jeffrey A. Doran Director Order Mnagement
Name of Authorized Official
Signature
10 /25 /2022
Date
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Siddons Martin Emergency Group, LLC
3500 Shelby Lane
Denton, TX 76207
GDN P115891
TXDOT MVD No. A115890
October 25, 2022
Jack Taylor, Fire Chief
PEARLAND FIRE DEPARTMENT
CITY OF PEARLAND
2703 VETERANS DR
PEARLAND, TX 77584
Proposal For: 2023 Pearland Pumper
Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to CITY OF PEARLAND. Unit will comply
with all specifications attached and made a part of this proposal. Total price includes delivery FOB CITY OF PEARLAND and
training on operation and use of the apparatus.
Description
Amount
Qty. 1 - 1020 - Pierce -Custom Enforcer Pumper, 2nd Gen
(Unit Price - $885,341.00)
Delivery within 20-31 months of order date*
QUOTE # - SMEG-0004566-3
Vehicle Price $885,341.00
1020 - UNIT TOTAL $885,341.00
SUB TOTAL $885,341.00
BuyBoard 651-21 (FIRE)
VEHICLE TOTAL
8 -YEAR MAINTENANCE PACAKGE
8 -YEAR EXTENDED WARRANTY PACKAGE**
$1,500.00
$886,841.00
$64,588.00
$79,159.00
Price guaranteed until 10/31/2022.
Loose equipment, maintenance package, and extended warranty package are not included in the vehicle total amount.
Additional:
The price includes factory travel for 4 department personnel on two trips: an approval visit and final inspection, and four
days of department training. An $8,000 graphics allowance is included for the design and installation of graphics at Siddons-
Martin for the pumper. The pumper price includes the purchase and EVS installation of a 6 -position David Clark intercom
system and installation of customer provided: radio with remote radio head, cradle point, an antenna on the cab roof, radio
speaker, and MDT mount. Loose equipment mounting inside the cab and body is not included.
Proposal 2023 Pearland Pumper
Page 1 of 2 October 25, 2022
Additional documents for the 8 -year maintenance plan and 8 -year extended warranty package are included. **The maximum
warranty offered by the manufacturers of the transmission, rear axle, and brake system is 5 years.
The price of the 8 -year warranty package will increase if not purchased before November 15t, 2022.
*Lead times as short as 20 months are available for this configuration. Short lead times are available on a first -come, first -
served basis with receipt of a customer purchase order and a proposal signed. Once received, an official lead-time will be
communicated.
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.
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,
Chris Carrero
I, Clay Pearson, City Manager - City of Pearland, the authorized representative of CITY OF PEARLAND, agree to purchase the
proposed and agree to the terms of this proposal and the specifications attached hereto.
if....-----;25--coivier-2, v.,
Signature &
Proposal 2023 Pearland Pumper
Page 2 of 2 October 25, 2022
Siddons Martin Emergency Group, LLC
3500 Shelby Lane
Denton, TX 76207
GDN P115891
TXDOT MVD No. A115890
October 25, 2022
Jack Taylor, Fire Chief
PEARLAND FIRE DEPARTMENT
CITY OF PEARLAND
2703 VETERANS DR
PEARLAND, TX 77584
Proposal For: 2023 Pearland Aerial
Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to CITY OF PEARLAND. Unit will comply
with all specifications attached and made a part of this proposal. Total price includes delivery FOB CITY OF PEARLAND and
training on operation and use of the apparatus.
Description
Amount
Qty. 1 - 1017 - Pierce -Custom Enforcer Aerial, HD Ladder 105'
(Unit Price - $1,588,669.00)
Delivery within 36-38 months of order date
QUOTE # - SMEG-0004369-3
Price guaranteed until 10/31/2022
Vehicle Price $1,599,598.59
1017 - UNIT TOTAL $1,599,598.59
SUB TOTAL $1,599,598.59
BuyBoard 651-21 (FIRE) $1,500.00
TOTAL $1,601,098.59
8 -YEAR MAINTENANCE PACKAGE $91,280.00
8 -YEAR EXTENDED WARRANTY PACKAGE* $126,244.00
Additional: The price includes factory travel for 4 department personnel on two trips: an approval visit and final inspection,
four days of department training, and a performance bond. Additional documents for the 8 -year maintenance plan and 8 -
year extended warranty package are included. *The maximum warranty offered by the manufacturers of the engine,
transmission, rear axle, and brake system is 5 years. Additional aerial warranty exceptions are included in the specification. A
$10,000 graphics allowance is included for the Aerial. The aerial price includes EVS installation of customer provided: radio
with remote radio head, cradle point, an antenna on the cab roof, radio speaker, and MDT mount. Loose equipment
mounting inside the cab and body is not included.
The price of the 8 -year warranty package will increase if not purchased before November 1St, 2022.
Proposal 2023 Pearland Aerial
Page 1 of 2 October 25, 2022
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.
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,
Chris Carrero
I, Clay Pearson, City Manager - City of Pearland, the authorized representative of CITY OF PEARLAND, agree to purchase the
proposed and agree to the terms of this proposal and the specifications attached hereto.
jU4,_e-se-- z.SnceA.s.. u el—t___
Sig
ure &
Proposal 2023 Pearland Aerial
Page 2 of 2 October 25, 2022
CITY OF PEARLAND
HUB COMPLIANCE AND QUOTATION FORM
Section I - General Information (Section Required)
(A) Date:[ 10/11 /2022 I
(B) Department: I Administration I
(C) Requested By: Joel Hardy - Grants Administrator
(D) Description of Goods:I Fire Apparatus
(E) Total Amount of Purchase:I $2,849,211
(F) G/L Account #:1703-305-325.5600.190
(G) Name of vendor or contractor recommended: Siddons-Martin Emergency Group
(H) The following Brazoria County Historically Underutilized Businesses were identified and contacted concerning this
purchase:
HUB
#1
HUB
#2
❑(I) No applicable Brazoria County HUB's were identified from the Texas Comptroller website; therefore, the City is
exempt from HUB contact requirements for this purchase.
Section II - HUB Contact Documentation- Sole Source Only (Section Required)
In compliance with Chapter 252.0215 of the Texas Local Government Code, the department originating this purchase
requisition certifies that:
(J)This purchase is exempt from HUB contact requirements because it is covered under General Exemption letter
I
(Refer to the instructions for a list of the General Exemptions)
Section III. - Documentation (Section Required)
Competitive quotations are required for single source purchases. Justification must be included for sole source purchases.
Cooperative purchase must include Cooperative Contract and approval by Purchasing.
(K)
(L)
(M)
Cooperative Purchase?
Sole Source? (Letter)
Single Source? (Quotes)
O
■
IN
Yes Cooperative Group:
Yes
Yes
Texas BuyBoard
Contract#:
I
1651-21
Quotation
#1
Quotation
#2
Quotation
#3
Quotation
#4
(N)
Name
of
Company
Siddons-Martin
(O)
Telephone
Number
(346)366-0407
(P)
Contact
Person
Chris
Carrero
(Q)
Total
Price Quoted
Attached
(R)
Delivery
Yes
(S) Justification for sole source or recommendation of vendor other than low quote (attach additional sheets if necessary).
Purchase involves the use of $2.4+ million in federal U.S. Treasury funding from the American Rescue Plan Act (ARPA) allocation of
State & Local Fiscal Recovery Funds (SLFRF) made to the City of Pearland for Coronavirus Economic Recovery/Relief. The funds
require federal procurement regulatory compliance, and a proper assessment of competitive, cost -reasonable, allowable, and
allocable expenditures has been completed. This vendor meets HUB compliance with regard to the cooperative purchasing interlocal
pricing component used to find the equipment/vendor.
This purchase is being made because of a public calamity that requires the immediate appropriation of money to relieve the necessity
of the municipality's residents or to preserve the property of the municipality. It is also necessary to "preserve/protect the public health
or safety of the municipality's residents." No local preference can be used per federal guidelines.
Does local vendor seek local bidder preference for price comparison as allowed in section 2.25 of the Purchasing Policy
and Procedures manual? No If yes, attach completed local preference claim form to this HUB document.
Sign.. ure
10/11/2022
Date
Revised 01/28/2022