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HomeMy WebLinkAbout2021-3068Contract # 2021-3068 Joseph Kloiber From: Sent: To: Subject: From: Joseph Kloiber Charlie Thompson Monday, January 25, 2021 7:17 AM Joseph Kloiber RE: Fire Truck Purchase Sent: Friday, January 22, 2021 4:12 PM To: Charlie Thompson Subject: Fire Truck Purchase Importance: High Charlie: In order to pay MacQueen by the due date of 1/27/21 (15 days from the 1112120 invoice and purchase agreement date) we will need pay by wire transfer. That's OK, since we wouldn't want to send a check that large in the mail anyway. We have the wire instructions. There are some steps I'd like to take to clarify the documentation for this transaction: 1) My understanding is that HGAC has a particular control procedure that ensures that the price MacQueen has invoiced us is the price bid or negotiated under the master contract with HGAC. Can you please remind me what that procedure is? If you don't recall, I can check with HGAC. If that procedure has an applicable document we can add a copy of to our file, I would like to do that. (I believe you are correct here and I will reach out to MacQueen for the details),If you note on top of the contract is does name HGAC next to the MacQueen name. ConjaIRm 'P2on 4 I seem to recall that on a previous HGAC transaction, the vendor is supposed to request from HGAC what is basically a purchase order or some similar type of authorization from HGAC that verifies the correct price under the master contract. I may have the specifics conflated with something else, but that is the general gist of what I'm trying to ask for here. 2) When this transaction was approved by the City Council at the 1/11/21 meeting, the actual motion and resolution they passed were only worded to approve entering into the HGAC master contract. The language in the motion and resolution did not expressly say anything about awarding the purchase to MacQueen. I see two options for addressing this without going back to the Council again: a. If MacQueen is the only vendor that can supply the City this vehicle under the HGAC master contract; or (MacQueen is the only authorized vendor for Pierce in Minnesota, Wisconsin, North and uth Dakota) You can't purchase this specific product even thru the HGAC thru any other vendor. b. If the Council understood that the only reason they passed the resolution to enter into the HGAC master contract, was to award the purchase to MacQueen. This seems reasonable, since the MacQueen purchase agreement was attached to and referred to in the council letter explaining the resolution. (The Council also understood this as I gave them a copy at the work session and also included the contract in the Council packet when this went to them fqr approval). I explained the process specifically with them so there would be no confusion. Please let me know whether a or b or(both apply in this case.G'z� 3) Since there is such a long prepayment period for this purchase agreement, and since it even has a performance bond included as part of the agreement, I'm going to give a copy of the purchase agreement to the City Clerk to keep in the City Contracts file, and then just reference that internal contract number on the payment voucher instead of attaching the purchase agreement to the payment voucher. This will make it a little more practical to add to our copy of the MarQue-en Purchase Agreement the relevant portions of theKJUGAC master contras that I _ will download from t GAC website. Joe Joseph Kloiber CPA ( Finance Director City of Columbia Heights I Finance Department 100}: 59040`h Avenue NE I Columbia Heights, MN 55421 ikloiber@columbiaheightsmn.gov Direct: (763) 706-3627 100 Years of Columbia Heights Main: (763) 706-3600 Disclaimer: Information in this message or attachment may be government data and thereby subject to the Minnesota Government Data Practices Act; may be subject to attorney -client or work product privilege; may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. AGENDA SECTION CONSENT MEETING DATE JANUARY 11,2021 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Contract with Houston -Galveston Area Council DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY/DATE: Charlie Thompson January 11, 2021 BY/DATE: 1/8/21 CITY STRATEGY: 41; Safe Community Additional Strategy? #7: Strong Infastructure/Public Services SHORT TERM GOAL (IF APPLICABLE): Additional Goal? BACKGROUND: During the 2021 budget proposal in October of 2020, the Fire Chief proposed the purchase of a new fire truck. The new truck will not replace any existing trucks but will be an addition to the fleet. The current engine #2 will be placed in reserved status giving the fire department the additional resources it requires during fire related events. The new truck will also assist in increasing the points given during an ISO audit. In the proposal, the fire chief detailed the different types of trucks available and explained to the Council and City Manager why he strongly recommended selecting a custom truck over the conventional style trucks the departments has purchased in past years. During the January 4, 2021 Council work session, the Fire Chief presented a detailed description of the new truck which the fire department's truck committee has been designing for the past 12 months. The Chief again detailed the difference between a custom fire truck and a conventional fire truck for the City Council. The Fire Chief also discussed the Huston -Galveston Area Purchasing consortium the City has used in the past and made the recommendation that we purchase this truck using the Huston -Galveston Area Purchasing Consortium. A copy of the contract along with information about HGAC is included. The City attorney has reviewed the contract. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2021-06, there being ample copies available to the public. Move to adopt Resolution 2021-06 Authorizing the City Manager to enter into a cooperative purchasing contract with Houston -Galveston Area Council. RESOLUTION NO. 2021-06 BEING A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE HOUSTON-GALVESTON AREA COUNCIL WHEREAS, The Houston -Galveston Area Council (H-GAC) is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, the City of Columbia Heights has represented that it is an eligible entity under the Act and it desires to contract with H-GAC on the terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED, The City Manager is hereby authorized and directed to enter into a cooperative purchasing program contract with the Houston -Galveston Area Council. Passed this 11th day of January 2021. Offered by: Murzyn, Jr. Seconded by: Jacobs Roll Call: All Ayes m da Marquez Sim a, t&yor Attest 2�z��� Nicole Tingley, City ler Council Secretary INTEGRETITV • PRIDE • HONOR I EXCELLENCE • DUTY COLUMBIA HEIGHTS VI FIRE DEPARTMENT 825 41" Avenue NE , Columbia Heights, MN 55421 • 763-706-8150 fire@columbaiheightsmn.gov www.heightsfire.com January 26, 2021 Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program 3555 Timmons Lane, Suite 120 Houston, TX 77027 Dear H-GAC: This letter is to serve as notice that we are contracting with MacQueen Equipment, Inc. dba MacQueen Emergency Group for the purchase of a Pierce Enforcer pumper. Details. • H-GAC Contract #FS12-19-VC07 • Single axle • Four -door tilt aluminum cab and body • 1250 GPM mid -mounted pump • Purchase price of $640,411 • Truck 436297 I would like to personally thank you for the work your purchasing cooperative performs. It simplifies the purchase of complex items such as this pumper. Best regards, A Charlie Thompson, Fire Chief City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 3/4/2021 HGACBuy Order Confirmation ORDER CONFIRMATION fff -' Buy SNr DNARr PURCHASING SOt Uf10N H-G gram ORDER CONFIRMATION NUMBER: CC21-00555 ENTITY ISSUING PURCHASE ORDER H-G. C. CONTRACTOR RECEIVING PURCHASE ORDER Name of End City of Columbia Heights IMN1 User: Name of H-GAC MacQueen Equipment, Inc. dba MacQueen Emergency Group Contractor: End User's ILC - 3103 , Legacy ID: 14-4173 Contractor's I.D. No.: 252 No.: Purchase Order PURCHASE LETTER 01 26 2021 Mailing Address: 1125 71h SI, East No.: Delivery Contact: CHIEF CHARLIE THOMPSON City, State, ZIP Code: St Paul, Minnesota , 55106 Email: Sales Contact: GIB YAKESH CTHOMPSON COLUMBIAHEIGHTSMN.GOV Voice: Email: GIB.YAKESH@MACQUEENGROUP.COM 763 286 7354 Voice: 612 839 6034 FAX: Delivery Address: TO BE ARRANGED WITH VENDOR FAX: Delivery Date: 11/19/2021 Finance Vendor 0483 Number: INSTRUCTIONS: This order confirmation issued by the H-GAC Cooperative Purchasing Program indicates the End User and the Contractor listed above have valid contracts with H-GAC for the specified procurement and product numbers stated herein. Upon receipt of this document, the Contractor is authorized to proceed with the End User's purchase and delivery in accordance with any requirements contained in the purchase order and/or attached documents. Any subsequent changes to the End User's purchase order will also require submission of change order documents to H-GAC and to the Contractor. FS12-19 FS19VC07 IERCE ENFORCER Each I 1.00 I $655,663.00 $655,663.0 HGAC Processing Fee: $2,000.0 Adjustments: $-17,252.0 Date Processed: Shantra Wilson 03/04/2021 AUTHORIZED H-GAC SIGNATURE GRAND TOTAL: $640,411.0 orderconfirmation.hgac.net/PurchaseOrder.aspx 1/2 3/4/2021 HGACBuy Order Confirmation THE RPURCHASING R lO Fire Apparatus Bunker Gear Handheld Thermal Imaging Equipment L SCBA's Ambulance Type I, II, III Ambulance Remounts Electronic Personnel Accountability System Spreader/Cutter Tools Radio Communication Traffic Signal Preemption Equipment Fire Rescue Saws NATIOWIUE GOVERNMENT COOPERATIVE PURCIIASING PROGRAM orderconfirmation.hgac.net/PurchaseOrder.aspx 212 fIouston-Galveston Area Council: Purchase Order Terms and Conditions A. ACCEPTANCE I. This Order is H-GAC's offer to purchase the goods and/or services described on the purchase order from Contractor. H-GAC's placement of this Order with Contractor is expressly conditioned upon Contractor's acceptance of all the terms and conditions of purchase contained on or attached to this Order. H-GAC shall accept the item(s) on the twentieth (20) business day after the date of receipt of the item(s) by H-GAC unless prior to the twentieth (201h) day, H-GAC's Procurement Program, or authorized designee delivers a notice to the Contractor stating the reason(s) why the items have not been accepted. 2. Any additional or different terms and conditions which may appear in and communication from Contractor are hereby expressly objected to and shall not be effective or binding unless specifically agreed to in writing by H-GAC's Procurement Program and no such additional or different terms or conditions in any printed form of Contractor shall become part of this order despite H-GAC's acceptance of goods and/or services, unless such acceptance specifically recognizes and assents to their inclusions. 3. This Order contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No understandings, statements, promises or inducements contrary to the terms of this Order exist. This order cannot be changed or terminated orally. B. MODIFICATION Except as otherwise provided, this Order shall be subject to change, modification, or amendment only by the mutual written consent of the parties hereto. C. IDENTIFICATION All invoices, shipping notices, instructions, manuals and other written documents affecting this Order shall contain the applicable purchase order number. Packing lists shall be enclosed in each box or package shipped pursuant to this Order, indicating the contents. Invoices will not be processed for payment until all items invoiced are received. D. SHIPPING All goods are to be shipped prepaid, F.O.B. Destination, unless otherwise agreed. Where H-GAC has so authorized in writing, goods may be shipped F.O.B. Origin, but Contractor shall prepay all shipping charges, route the goods by the least expensive common carrier, or the carrier specified, and list charges as a separate item on Contractor's invoice. Each invoice for shipping charges shall be accompanied by the original or a copy of the bill indicating that such charges have been paid. H-GAC reserves the right to reject C.O.D. shipments. Contractor shall not insure the goods for H-GAC's account during shipment except upon H-GAC's written request, or where the shipping mode is parcel post. E. DELIVERY Time is of the essence, and this Order may be terminated if delivery is not made or services are not performed by the date specified. No change in the scheduled delivery date or performance will be permitted without H-GAC's written consent. No acceptance of goods or services after the scheduled delivery date will waive H-GAC's rights with respect to such late delivery nor shall it be deemed as a waiver of future compliance with the terms hereof: F. FORCE MAJEURE To the extent that either party shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force maieure shall rest solely with H-GAC. G. INVOICES and PAYMENT H-GAC's standard payment term is to pay thirty (30) days after receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tx. Gov't. Code, Ch. 2251). Pa2c 1 of 5 v2019 Houston -Galveston Area Council: Purchase Order Terms and Conditions If. FIRM PRICE The price(s) specified on the face of the purchase order and/or the change order is firm, and may not be increased or supplemented on the contractor's invoice. I. FISCAL FUNDING H-GAC is a political subdivision of the State of Texas. H-GAC shall have the right, upon failure of the governing body of the Houston -Galveston Area Council, to appropriate finances to meet the terms and obligation herein, and to terminate this Order as of the effective date of such lack of fiscal funding. 1-1-GAC agrees to include a request for funding f'or this Order in all budgets during the term thereof. J. TAXES H-GAC is a government agency and is exempt from payment of Sales Tax. Unless the H-GAC Request for Quote Form or specifications specifically indicates otherwise, the price bid must be net exclusive of the previously mentioned taxes. K. LIENS, CLAIMS AND ENCUMBRANCES Contractor warrants and represents that all the goods, when delivered hereunder, will be free and clear of all liens, claims and or encumbrances of every kind. L. REJECTION All goods purchased hereunder are subject to inspection and approval. In the event H-GAC rejects any item(s) the contractor shall have ten (10) days after receipt of notice of such rejection to replace any item(s) with replacements which conform to this Order, at no additional cost to H-GAC. Goods rejected by H-GAC shall be held, transported and/or stored at contractor's sole expense. Contractor shall promptly reimburse H-GAC for any such expenses. M. TER:MINATION By H-GAC for Convenience The H-GAC Procurement Program may terminate this Order at any time upon thirty (30) calendar days notice in writing to the Contractor. Upon receipt of such notice, the Contractor shall, unless the notice directs otherwise, discontinue all services in connection with the performance of the Order and shall proceed to cancel promptly all existing Orders insofar as such orders arc chargeable as soon as practicable after the receipt of notice of termination, the Contractor shall submit a statement to the H-GAC Procurement Program showing in detail the services performed or items delivered under this Order to date of termination. H-GAC agrees to compensate the Contractor for that portion of the prescribed charges for which the services were actually performed or items delivered under this Order and not previously paid. By H-GAC for Default by the Contractor: In the event that the materials and/or services furnished by the Contractor do not conform to the standard set forth herein, or if the deliveries and servicing of this Order do not conform to the requirements detailed herein, H-GAC through a written notice from the H-GAC Procurement Program to the Contractor describing such default may as its options: 1. Terminate the Order for default and H-GAC shall have no further obligation under the Order. 2. Allow the Contractor to cure default within a reasonable time as specified in the notice. H-GAC, at its sole option, may extend the proposed date of termination to a later date. If prior to the proposed date of termination, the Contractor cures such default to H-GAC's satisfaction, then the proposed termination shall be ineffective. If the Contractor fails to cure such default prior to the proposed date of termination, then H-GAC may terminate its performance under this Order as of such date and have no further obligation under the Order. In the event of failure to deliver any or all of the items or to perform required services, H-GAC may cover its loss by reasonably procuring from another source the items not delivered or the services not performed. The Contractor shall be responsible for and shall pay to H-GAC immediately upon demand the difference in price between that offered by the Contractor and that which 11-GAC was forced to pay for covering the Contractor's failure to deliver or perform services. Paee 2 of 5 v2019 Houston -Galveston Area Council: Purchase Order Terms and Conditions N.DEFAULT H-GAC may, subject to paragraph "M" by written notice of default to Contractor, cancel the whole, or any part, of this Order or exercise any other remedy provided H-GAC of goods by law or in equity including any remedy under the Uniform Commercial Code, in any of the following circumstances: 1. If Contractor fails to make delivery of the goods or to perform the services within the time specified or any extension thereof; 2. If, in H-GAC's good faith judgment, the contractor fails to perform any of the other provisions of this Order or fails to cure such failed performance within a period often (10) days, or such longer period as H-GAC may authorize in writing after receipt of notice from H-GAC specifying such failure; 3. If Contractor is in breach of any of the terms or conditions of this Order; or 4. If Contractor becomes insolvent or makes an assignment for the benefit of creditors, or if there shall be instituted by or against Contractor any proceeding under bankruptcy, reorganization, arrangement or readjustment of debt or insolvency law of any jurisdiction or f'or the appointment or a trustee in respect to any of Contractor's property and such proceeding is not dismissed or cured within sixty (60) days. U. REMEDIES Not by the way of limitation, the remedies of the parties include: 1. If H-GAC cancels this Order in whole or in part as provided in paragraph "M", H-GAC may procure, upon such terms and in such manner, as H-GAC may deem appropriate, the goods or services similar to those cancelled and Contractor shall be liable to 11-GAC for any excess costs, incidental or consequential damages for such similar supplies of services provided that Contractor shall continue the performance of this Order to the extent not called under the provisions of this Order. 2. The rights and remedies of H-GAC provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law under this Order. 3. The failure of H-GAC to insist upon strict performance of any of the terms of this Order or to exercise any rights hereunder shall not be construed as a waiver of H-GAC's rights. 4. The Contractor may be excused fi-om performance under this Order provided the Contractor notifies H-GAC within ten (10) days of discovery of any of the below named events: a. Acts of God, or of public enemy, acts of the government with lawful jurisdiction over Contractor in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather. b. The Contractor's failure to perform is caused by default of a supplier of sub -contractor and if such default arises out of causes beyond the control of both the Contractor and the supplier or sub- contractor and without the fault or recognition of either of them, provided that the contractor agrees to make a concerted effort to obtain supplies or services from other sources in time to meet required delivery schedule(s), if such events or causes names above cause a supplier default. P. WARRANTIES Contractor warrants that each item delivered will ( I ) be new (unless otherwise specified on the face of the purchase order, change order or specifications), free from liens and defects in design, materials, workmanship and defects in title (including any defect in the contractor's right to sell a patented or copyrighted product or to use a patented process), (2) conform in all respects to the terms of the purchase order, change order or specifications, and (3) be of the best quality, if no specific quality is established in the specification(s). If within one (l ) year from the date of acceptance by H-GAC, it appears that an item, or any commercial unit thereof, does not conform to these warranties, and the H-GAC Procurement Program notifies the contractor within a reasonable amount of time after discovery, the contractor shall correct such nonconformity to the satisfaction of the H-GAC Procurement Program at the contractor's expense. Should this occur, H-GAC may revoke acceptance, and purchase substitute item's correcting the nonconformity. The cost of the substitute item(s) correcting any nonconforming item(s) shall be borne by the contractor. Additionally, the contractor shall transfer to the H-GAC any manufacturer's warranty that it has for the item(s). Pave 3 of 5 v2019 Houston -Galveston Area Council: Purchase Order Terms and Conditions O. SUCCESSORS AND ASSIGNS This Order shall bind and benefit the respective parties and their legal successors, and shall not be assignable, in whole or in part, by any party hereto without first obtaining the written consent of the other party. This provision is not intended to limit the Contractor's ability to assign receivables under this Order, but applies to performance of the Order. Nothing herein shall be construed as creating any personal liability on the part of any agent of H-GAC. R. QUALITY STANDARDS If a special brand is listed in this Order, the goods being purchased must meet the standard for quality, performance, and use of such brand. If Contractor is willing to supply an equivalent to the designated special brand, it must provide H-GAC with descriptive literature identifying its brand, including the quality, performance and specifications. S. INSPECTION AND QUALITY CONTROL. All items furnished under this order shall be subject to inspection and tests. To the extent practicable inspection may be made at any time and place, including the period of manufacture and prior to acceptance. 1'. INFRINGEMENTS Contractor warrants that H-GAC's purchase, installation, and/or use of the goods covered hereby will not result in any claim of infringement, or actual infringement of any patent, trademark, copyright, franchise, or other intellectual property right. Contractor shall indemnify and hold H-GAC harmless from and against all claims, losses, expenses, damages, causes of action and liabilities of every kind and nature, including without limitation, reasonable attorney's fee (without waiver of Contractor's obligation to indemnify H-GAC hereunder), arising from or out of any breach of the foregoing warranties and representations. U. RISK OF LOSS Regardless of F.O.B. Point, Contractor agrees to bear all risk of loss, injury, or destruction of goods and materials ordered herein which occur prior to acceptance by H-GAC. No such loss, injury or destruction shall release Contractor from any obligations hereunder. 1. Contractor shall indemnify and hold H-GAC harmless from and against all claims, demands, losses, expenses, damages, causes of action and liabilities of every kind and nature including, without limitation, reasonable attorney's fees and costs, without waiver of Contractors obligation to indemnify H-GAC hereunder arising fi-om or out of any alleged breach of any Contractor's obligations or warranties hereunder or from other acts or omissions of Contractor, its directors. Officer's, agents, representatives, employees and sub -contractors, however caused, instituted by persons who purchase from H-GAC or use product purchased from Contractor. 2. Contractor is solely liable for its employees, agents, contractors or sub -contractors and their actions while on H-GAC's premises and the Contractor indemnifies and will protect H-GAC from all losses, claims, expenses, and damages arising from or out of the presence or activity of Contractor's employees while on H-GAC premises. V. EQUAL EMPLOYMENT OPPORTUNITY Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations. W. TITLE VI REQUIREMENTS Contractor will be required to comply with all requirements imposed by Title VI of the Civil Rights Acts of 1964 (49 U.S.C. Section 2000d), the Regulations of DOT issued hereunder (49 C.F.R. part 21), and the assurances by H-GAC thereto. Page 4 of 5 v2019 Houston -Galveston Area Council: Purchase Order Terms and Conditions X. CONFLICT OF INTEREST Chapter 176 of the Texas Local Government Code requires contractors and consultants seeking to do business with H-GAC to file a conflict of interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer's close family member. The required questionnaire and instructions are located at the Texas Ethics Commission website https://www.cthics.statc.tx.us/forms/CIQ.pdf'. H-GAC officers include its Board of Directors and Executive Director, who are listed on this wcbsitc. The CIQ must be completed and filed with a bid; request for quote or proposal response, if an employment or business relationship defined in the law exists. V. ADVERTISING No advertising or publicity matter having or containing any reference to H-GAC or any of its staff members shall be made by Contractor or anyone on Contractor's behalf unless Contractor has the written consent of H-GAC. Z. I.AV1' This order is made subject to the Constitution and laws of the State of Texas. The laws of the State of Texas shall govern this Order and the venue of any action brought hereunder may be bid in or transferred to the State of Texas. Pace 5 of 5 v2019 Ak, MACQUEEN r EMERGENCY EM-111 PURCHASE AGREEMENT — SINGLE UNIT HGAC This Purchase Agreement (together with all attachments referenced herein, the "Agreement"), made and entered into by and between MacQueen Equipment, LLC., as Delaware corporation DBA MacQueen Emergency ("MacQueen"), and The City of Columbia Heights ("Customer") a Minnesota municipality is effective as of the date specified in Section 3 hereof. 1. Definitions a. "Product" means the fire apparatus and any associated equipment furnished for the Customer by MacQueen, pursuant to the specifications. b. "Specifications" means the general specifications, technical specifications, orientation, and testing requirements for the Product contained in the MacQueen Proposal for the Product prepared in response to the Customer's request for proposal. c. "MacQueen Proposal" means the proposal provided by MacQueen attached as Exhibit C prepared in response to the Customer's request for proposal. d. "Delivery" means the date MacQueen is prepared to make physical possession of the Product available to the Customer. 2. Purpose This Agreement sets forth the terms and conditions of MacQueen's sale of the Product to the Customer. 3. Term of Agreement This Agreement will become effective on the date it is signed and approved by MacQueen's authorized representative pursuant to Section 20 hereof ("Effective Date") and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase Price. 4. Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $656,953 ("Purchase Price"). Prices are in US Funds. S. Agreement Changes The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the Products by delivering a change order to MacQueen; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the feasibility of such change ("Change Order"). Within seven (7) business days of receipt of a Change Order, MacQueen will inform the Customer in writing of thefeasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. MacQueen shall not be liable to the Customer for any delay in performance or Delivery arising from any such lAMACQUEEN \\v EMERGENCY Change Order. A Change Order is only effective when counter signed by MacQueen's authorized representative. Cancellation/Termination In the event this Agreement is cancelled or terminated by a party before completion, MacQueen may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10%ofthe Purchase Price after order is accepted and entered by MacQueen; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. MacQueen endeavors to mitigate any such costs through the sale of such Product to another purchaser; however, Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by MacQueen upon sale of the Product to another purchaser, plus any costs incurred by MacQueen to conduct any such sale. 7. Delivery, Inspection, and Acceptance Delivery Delivery of the Product is scheduled to be within ten and one half (10.5) months of the Effective Date of this Agreement. Risk of loss shall pass to Customer upon Delivery. Delivery shall be made, and title shall pass upon Customer's complete fulfillment of its obligations arising under Section 4 hereof. Inspection and Acceptance Upon Delivery, Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance to the material Specifications to furnish MacQueen with written notice sufficient to permit MacQueen to evaluate such non- conformance ("Notice of Defect"). Any Product not in substantial conformance to material Specifications shall be remedied by MacQueen within thirty (30) days from the Notice of Defect. In the event MacQueen does not receive a Notice of Defect within fifteen (15) days of Delivery, Product will be deemed to be in conformance with Specifications and Accepted by Customer. B. Notice Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally recognized private express courier: MacQueen Equipment, LLC 1125 7th Street East St. Paul, MN 55106 City of Columbia Heights 590 401h Ave NE Columbia Heights, MN 55421 9. Standard Warranty The equipment sold herein will be manufactured by Pierce Manufacturing, Inc. and any warranties are attached hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved in writing by Pierce's authorized representative and MacQueen. Ak\ MACQUEEN \'Wl EMERGENCY Disclaimer Other than as expressly set forth in this agreement, neither Pierce, its Parent Company, Affiliates, Subsidiaries, Licensors, suppliers, distributors, dealers, including without limitation, MacQueen Equipment, LLC, or other respective officers, directors, employees, shareholders, agents or representatives, make any express or implied warranties with respect to the products provided hereunder or otherwise regarding this agreement, whether oral or written, express, implied, or statutory, Without limiting the foregoing, any implied warrantyagainst infringement, and the implied warranty of condition of fitness for a particular purpose are expressly excluded and disclaimed. Statements made by sales representatives or in promotional materials do not constitute warranties. Exclusions of Incidental and Consequential Damages In no event shall MacQueen be liable for consequential, incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability, statutory liability, indemnity, whether resulting from non -delivery or from MacQueen's own negligence, or otherwise. 10. Insurance MacQueen maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best: Commercial General Liability Insurance: Products/Completed Operations Aggregate: $ 2,000,000 Each Occurrence: $ 2,000,000 Umbrella/Excess Liability Insurance: Aggregate: $ 5,000,000 Each Occurrence: $ 5,000,000 The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above. 11. Indemnity The Customer shall indemnify, defend and hold harmless MacQueen, its officers, employees, dealers, agents or subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys' fees or expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's purchase, installation or use of goods sold or supplied by MacQueen which are not caused by the sole negligence of MacQueen or Pierce. 12. Force Majeure MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond MacQueen's control which make MacQueen's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, acts of God or the public enemy or terrorism. 13. Default The occurrence of one or more of the following shall constitute a default under this Agreement: AMACQUEEN EMERGENCY (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) MacQueen fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or (f) the Customer is in default or has breached any other contract or agreement with MacQueen. 14. Relationship of Parties Neither party is a partner, employee, agent, or joint venture of or with the other. 15. Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval of the other party. 16. Governing Law; Jurisdiction Without regard to any conflict of law's provisions, this Agreement is to be governed by and under the laws of the state of Minnesota. 17. Facsimile Signatures The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures. 18. Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by MacQueen's authorized representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by MacQueen's authorized representative. 19. Conflict In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen Proposal shall control. In the event there is a conflict between the MacQueen Proposal and this Agreement, the MacQueen Proposal shall control. 20. Signatures This Agreement is not effective unless and until it is approved, signed and dated by MacQueen's authorized representative. Accepted and Agreed to: MACQUEEN EQUIPMENT, LLC Signature: Name: Daniel Corcoran Title: District Sales Manager Date: January 5th, 2021 CUSTOMER: City of Columbia Heights r Signature: r »J -` w Name: Title:_au�o� Date: 1- 1 MACQUEEN r EMERGENCY EXHIBIT A — PURCHASE DETAIL FORM MacQueen Equipment, LLC 1125 7th Street East St. Paul, MN 55106 Customer Name: City of Columbia Heights Date: January 51h, 2021 Quantity Chassis Type Body Type Price per Unit 1 2021 Pierce Impel Chassis 152" 2nd Gen $ 656,953 Alluminum PUmoer Applicable Discounts: Customer has agreed to make 100%full pre -payment and accept all discounts detailed in exhibit C Warranty Period: 1-year bumper -to -bumper, other warranties as detailed in full bid proposal submitted to the Fire Chief on 1-5-2021 Orientation Requirements: MacQueen representative will conduct an apparatus orientation with the department as agreed upon between the fire chief and district sales manager Other Matters: • $3,500 customer contingency fund included for build changes and loose equipment mounting • A performance bond, issued by a surety company, will be provided and is included in the total price This contract is available for municipal corporations and others to utilize with the option of adding or deleting any available options, including chassis models. Any addition or deletion may affect the unit price. Payment Terms Full payment due N15 from contract signing. See full details in Exhibit C. [NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements through a financial institution acceptable to MacQueen.] All taxes, excises and levies that MacQueen may be required to pay or collect by reason of any present or future law or by any governmental authority based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by MacQueen to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge of 1.5 percent (1.5%) per month or such lesser amount permitted by law. MacQueen will not be required to accept payment other than as set forth in this Agreement. However, to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with material Specifications (other than freight), the Customer may withhold up to five percent (5%) of the Purchase Price until such time that MacQueen substantially remedies the nonconformance with material Specifications, but no longer than sixty (60) days after Delivery. If the disputed amount is the freight charge, the Customer may withhold only the amount of the freight charge until the dispute is settled, but no longer than sixty (60) days after Delivery. MacQueen shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by MacQueen or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or MACQUEEN r EMERGENCY liability now or hereafter incurred or owing by the Customer to MacQueen, MacQueen shall have and may exercise all rights and remedies of a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the state of Minnesota. THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF January 511, 2021 BETWEEN MACQUEEN AND the City of Columbia Heights WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY MACQUEEN HEREIN. EXHIBIT B - WARRANTY LIMITED WARRANTY Limited Warranty Terms and Disclaimer Pierce warrants that all new and unused goods furnished by Pierce are free from defect in workmanship and material as of the time and place of delivery by Pierce in accordance with its Standard Limited Warranty in effect at the date of contract formation and stated below. Pierce's obligation under this Limited Warranty is subject to the following qualifications: a) Pierce or its authorized Dealer shall have been notified of such claimed defect within thirty (30) days of its discovery or such later date as is specified in the Standard limited Warranty; b) the vehicle shall have been subject only to proper use normal for similar vehicles; and c) it shall have been regularly maintained and serviced in accordance with the Manufacturer's Service Manual. No defective part may be returned to the factory without Pierce's prior written consent, or that of our authorized representative. Any return must be with transportation prepaid, which may be refunded at the discretion of Pierce. The Standard Limited Warranty for the goods is incorporated herein by reference. It is the exclusive warranty given by Pierce. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, notwithstanding any knowledge of Pierce regarding the use or uses intended to be made of goods, proposed changes or additions to goods, or any assistance or suggestions that may have been made by Pierce personnel. STANDARD LIMITED WARRANTY Base Warranties • One (1) year basic limited warranty — all • One (1) year standard Pierce Fire and Rescue Service Center limited warranty — chassis, cab, apparatus body • One (1) year standard Pierce Fire and Rescue Service Center limited warranty — paint • Ninety (90) day standard Pierce Fire and Rescue Service Center limited warranty — parts serviced or repaired • Six (6) month basic parts limited warranty Chassis and Cab Warranties • Three (3) year chassis limited warranty — Velocity and Impel • Ten (10) year standard cab structural integrity limited warranty — all • Fifty (50) year chassis frame rail & Crossmember lifetime structural integrity limited warranty - Velocity and Impel chassis MACOUEEN r EMERGENCY Body Structural Integrity Warranties • Ten (10) year standard body structural integrity limited warranty - all aerial, pumpers, tankers, elliptical, dryside Paint and Graphics Warranties • One (1) year graphics fading and deterioration (vinyl, painted, reflective, gold) • Three (3) year standard Goldstar/Gold Leaf lamination limited warranty • Ten (10) year standard prorated paint/corrosion warranty - trucks shipped after Jan 1, 2004 Component Warranties • Three (3) year tak4 front suspension limited warranty • Three (3) year material and workmanship aerial hydraulic system seals • Fifty-four (54) month material and workmanship camera system • Five (5) year material and workmanship Command Zone electronics • Five (5) year material and workmanship foam system control head • Six (6) year PUC pump limited warranty • Ten (10) year standard stainless -steel plumbing - piping and weldments A\ MACQUEEN r EMERGENCY EXHIBIT C - PROPOSAL January 51h 2021 RE: Proposal for the City of Columbia Heights MacQueen Emergency, ("MacQueen"), the licensed and authorized dealer for Pierce Manufacturing Inc. ("Pierce") in the States of Minnesota, North Dakota, South Dakota, Nebraska and Missouri, is pleased to provide the following proposal for one (1) 2021 Pierce Impel Chassis, 152" Aluminum Body, 2nd Gen Pumper. This proposal is based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is based on current HGAC (Houston Galveston Area Council) F512-19 contract pricing and includes the fees associated with an HGAC purchase. Description Details Details Initials Indicating Acceatance List Price $ 702,857 Strategic Customer Discount $ (38,836) HGAC Discount $ (7,968) HGAC Sales Price $ 656,053 Inlcudes $2000 HGAC fee Chassis pre -payment discount $ (10,148) Full Pre -pay (interest) discount $ (7,104) Performance Bond $1,610 Provided by a Surety company Total $ 640,411 Due N20 from contract signing - Includes discounts and performance bond • To take advantage of all prepayment discounts, the total of $640,411 must be paid within fifteen (15) days of purchase order or contract signing issued to MacQueen. • The proposal pricing includes the delivery cost from Appleton, WI. • Included in this price are travel expenses for three (3) of your personnel to travel to our factory for preconstruction, mid -construction inspection and final inspection. • Delivery time for the proposed unit will be within ten and one half (10.5) months from the date of order which will be the date a Purchase Agreement is executed between Buyer and MacQueen in substantially the form attached hereto as Exhibit 1. • This proposal is valid until January 31", 2021. • Tax is excluded from this proposal. In the event the purchasing organization is not exempt from Sales Taxes 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 all taxes due. Balance of sales price is due upon delivery. Payment must be remitted to MacQueen. Any changes to the original specification will be invoiced or credited as a separate transaction from the original proposal. 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 thirty (30) days. The late fee then increases to .044% per day until the payment is received. In the event of a Prepayment received after the due date above, the discount will be reduced by same percentages above increasing the cost of the apparatus. F3 AMACOUEEN EMERGENCY In the event this proposal is accepted, and a purchase order is issued then cancelled or terminated by the City of Columbia Heights before completion, MacQueen 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 Pierce; 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 may increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. MacQueen 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 MacQueen upon sale of the product to another purchaser, plus any costs incurred by MacQueen to conduct such sale. To ensure the above stated terms and conditions are understood and adhered to, MacQueen requires an authorized individual from the purchasing organization to 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 City of Columbia Heights. The terms and acceptance of this proposal will be governed by the laws of the state of Minnesota. Venue of any claim regarding this proposal will lie in the county Customer is located. No additional terms or conditions will be binding upon MacQueen unless agreed to in writing and signed by a duly authorized officer of MacQueen. Sincerely, MACQUEEN EMERGENCY By Daniel Corcoran I, _.9, `y V G 1 ,. '. 1, the authorized representative of the City of Columbia Heights, agree to purchase one (1) 421 Pierce Impel Chassis, 152" Aluminum Body, 2nd Gen Pumper and agree to the terms of this proposal. Signature Date TRAVELERS Travelers Casualty and Surety Company of America 1 Tower Square Hartford, CT 06183 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT, MacQueen Emergency Group 1125 East 7th Street, St. Paul, MN 55106 (hereinafter called Principal), as Principal and Travelers Casualty and Surety Company of Amedca a corporation organized and existing under the laws of the State of CT with its principal office in the City of Hartford , (hereinafter called Surety) as Surety are held and firmly bound unto City of Columbia Heights (hereinafter called the Owner) and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the just and full sum of Six Hundred Fifty Six Thousand Nine Hundred Fifty Three Dollars and 00/100 Dollars (s656,953.00 1 to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 26tb day of January, 2021 , for —One 1 Pierce Impel Pumper which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon himther under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance or warranty period provided in the contract for which said Surety is liable, an action for such maintenance or warranty may be brought within two years from the expiration of said maintenance or warranty period, but not afterwards. IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this 27th _ day of January 2021 MacQueen Emency Grou r Wi ess: Principal Witness: Ca y Hutson Y "Q C61?/CIu.4L /N i�y�lrc�'✓F+PT 5�9�E_! By: r Sarah DeYoung Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sarah DeYoung of Milwaukee, WI , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, including the following bond: Surety Bond No.: 107367718 Principal: MacQueen Emergency Group OR Obligee: City of Columbia Heights Project Description: One (1) Pierce Impel Pumper IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 6th day of May, 2019. ey,w * ? 1, Na.'[ i i COW ap State of Connecticut By: obert L. Raney enior Vice President City of Hartford ss. On this the 6th day of May, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ,y IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2021 01 RbTNA ru�o Anne P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th day of January, 2021. 624r144 L IV pP�su���' SIX •+� un� �`yS * �s"+rC' ��,+° evin E. Hughes, Assis ant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the detalls of the bond to which this Power of Attorney is attached. FEDERAL EXCISE TAX EXEMPTION CERTIFICATE Customer Number 5111268 For use by States and local governments (section 4221(a)(4) of the Internal Revenue Code) The undersigned hereby states that he/she is authorized to execute this certificate and in the accompanying order or on the reverse side hereof for all orders placed by the purchaser for a period of 12 calendar quarters from the date below are purchased from Pierce Manufacturing, Inc. for the exclusive use of: Columbia Heights Fire Department (Fire Department's Governmental Name) of City of Columbia Heights, Minnesota (State, Territory, Political Subdivision or District of Columbia) It is understood that the exemption from tax in the case of sales of articles under this Exemption Certificate to the States, etc. is limited to the state of articles purchased for their exclusive use and it is agreed that if articles purchased tax-free under this Exemption Certificate are used otherwise or are sold to employees or others, such fact must be reported to the manufacturer of the articles covered by the Certificate. It is also understood that the fraudulent use of this certificate for the purpose to secure exemption will be subject to the undersigned and all guilty parties to a fine of not more than $10,000 or to imprisonment for not more than five years, or both, together with costs of prosecution. Under penalties of perjury I declare that I hava esamined this exemption certificate and to the best of my knowledge and belief it is true, correct and complete. _ / Signature of Finance/�7�aoa� Authorized Individual Joseph Kloiber Title Director Date `� l MACQUEEN r EMERGENCY PAYMENT METHOD INSTRUCTIONS Electronic Payment (Preferred Option): In order to avoid delays in the receipt and/or application of your remittance, we recommend you forward all payments electronically as follows: Wire: �\ Old National Bank ABA Number: 086300012 1360 Duckwood Dr. Account Name: MacQueen Equipment LLC DBA MacQueen Emergency Grou\A Eagan, MN 55123 Account Number:'=*399 ACH: Old National Bank ABA Number: 086300012 1360 Duckwood Dr. Account Name: MacQueen Equipment LLC DBA MacQueen Emergency Group Eagan, MN 55123 Account Number: 105264399 Notes: • Bring a copy of your insurance binder/coverage, if you are driving the apparatus home. • Reference the invoice number(s) or job number you are paying for on all remittances. • Contact: Accounts Receivable at 651-645-5726 Part of the MacQueen Equipment Group www.macqueengroup.com i Ship To: SAME AS BELOW Invoice To: CITY OF COLUMBIA HEIGHTS 590 40Th Ave Ne Columbia Heights MN 55421 MacQueen Emergency 14607 Felton Court Suite 109 Apple Valley, MN 55124 800-832-6417 PLEASE REMIT TO: MacQueen Emergency 1125 7th Street E St Paul, MN 55106 651-645-5726 • 800-832-6417 Branch 06 - APPLE VALLEY MN Date Time Page 12/15/2021 6:58:10 (0) 1 Account No Phone No Inv No 01 COLUM001 7637063600 �E00159 Ship Via Purchase Order IMPEL PUMPER Tax ID No Salesperson DAN CORCORAN 151 EQUIPMENT INVOICE Description Amount Stock #: C035005 Serial #: 36297 New 2021 PI PUMPER -IMPEL New 2021 PIERCE IMPEL PUMPER CONTRACT PRICE $656,053.00 PERFORMANCE BOND $1,610.00 PREPAYMENT DISCOUNT ($17,252.00) CHANGE ORDER 5/13/21 $8,882.67 ----------------------------------- TOTAL PURCHASE $649,293.67 Miscellaneous Charges/Credits ----------------------------- ----------------------------- PRE-PAYMENT Qty: 1 Price: 640411.00 New 2021 PIERCE IMPEL PUMPER VIN 4PIBAAFF3MA023769 JOB 36297 CERTFICATE OF ORIGIN/MSO INFO: CITY OF COLUMBIA HEIGHTS 590 40th AVE., NE COLUMBIA HEIGHTS, MN 55421 ATTN: KELLI BOURGEOIS, CITY MANAGER Subtotal: TOTAL DUE: x 649293.67 640411.00- Received By 8882.67 8882.67 Date VisitUs0n/ine www. macqueengroup. co lAMACQUEEN \\r EMERGENCY Columbia Heights Fire Department - Pre -Construction Change Order Job # 36297 5/10/2021 Change Option Description Feature Old Feature Text New Feature Text Quant Customer Comments Type Code Price Mirrors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rml Deleted 0521669 Convex 1 $ (1.000.67) Minors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rmt Added 0590424 Convex, Black 1 $ 1,030.43 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Deleted 0606691 Steps, ImpNel 1 $ 11288 38) Handrail, Exterior, Hansen, Knurled. Alum, Black, 4-Door Added 0770192 Cab 1 $ 187.25 Deleted 0002140 Fenders, S/S on Cab 1 $ t867 70) Added 0541830 Crowns, Front Fender, Rubber, AXTNEUIMP 1 $ 504.78 cover and mounting legs to 0741239 be painted white as Paint Color, A/C provided by the cover to be painted to Changed HVAC, Impel/Velocity FIR, CARE Condenser NC manufacturer match the cab roof 1 $ three (3) infinitely adjustable shelves two (2) infinitely 0782151 Cabinet, Forward Facing, IRS, 21 W x 51 H x 14 D, Web, with a 0.75" up- adjustable shelves with a Changed ImpNel Shelf/Tray, Cabinet turned lip 1.25" up -turned lip 1 $ t 4e.21 Added 0543991 Bracket, Air Bottle, Hands -Free II, Cab Seats 5 $ 4,325.39 driver and 0611681 Switching, Cab, Membrane, ImpeVVelocity/Quantum, Dash Location, Emerg passenger side Changed CF, AXT W iFi MUX Sw Pnls overhead driver side overhead 1 $ ,1 310 8c, Added 0039777 Switch, Second, Emergency Master, PS 1 $ 504.81 Deleted 0530951 Location, Bat Chrg Ind, DS Behind Cab Door 1 $ 104 89) Location, Bat Chrg Ind, Display Through Window Behind Added 0537512 Driver Seat 1 $ 189.07 Bezels, Win, (2) M6 Chrome Pierce, For mtg (4) Win M6 Deleted 0556842 lights 1 $ ,h5237i Added 0794744 Bezels, Win, (2) M6 Black Pierce, For mtg (4) Win M6 lights 1 $ 513.29 Changed 0790483 Light, Visor, HiViz LED, FT-MB-33 =", 42.44" long Qty, 01 01 0 $ 5.57 painted parts of the light housing and painted parts of the light 0790483 Color, Lt Housing brackets to be housing and brackets to Changed Light, Visor, HiViz LED, FT-MB-33= ", 42.44" long HIVIZ white be painted job color 1 $ 471.39 light(s) to include light(s) to include black white bezel and optic holders, black 0736731 Color, Lt Housing chrome optic bezels and black fixture Changed Lights, HiViz FT-GESM LED 1st HiViz holder body 1 $ 11.13 light(s) to include light(s) to include black white bezel and optic holders, black 0736729 Color, Lt Housing chrome optic bezels and black fixture Changed Lights, HiViz FT-GESM LED 2nd HiViz holder body 1 $ 11.13 painted parts of the light housing and painted parts of the light 0773313 Color, Lt Housing brackets to be housing and brackets to Changed Lights, HiViz FT-MB-2.18" LED, 1st HiViz white be black 1 $ 5.57 painted parts of the light housing and painted parts of the light 0773312 Color, Lt Housing brackets to be housing and brackets to Changed Lights, HiViz FT-MB-2.18 ' ' LED, 2nd HiViz white be black 1 $ 5.57 chrome trim and 0743346 chrome optic black trim and black optic Changed Lights, Rear Scene, HiViz FT-GSMJR ", Surface Mt Color, Trim holder(s) holder(s) 2 $ 26.48 Deleted 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1 $ t 789 51 ) Deleted 0784811 Fender Crowns, Rear, Stainless, w/Removable Liner 1 $ t957 33 ) Added 0784809 Fender Crowns, Rear, Rubber, w/Removable Liner 1 $ 506.77 Shelves, Adj. 500 lb Capacity, Full Width/Depth, Predefined Changed 0600350 Locations City, Shelf 06 5 -1 $ i212 73 Tray, 215 lb, TiltISlide-Out, 50 Deg, Double Tray,For SCBA Deleted 0767212 Mounting,4 Packs,CARE 1 $ ;1 50S 96, Tray, 215 Ib, TiltISlide-Out, 30 Deg, Adj, Predefined Added 0709692 Locations 1 $ 793.13 Deleted 0004016 Rub Rail, Aluminum Extruded, Side of Body 1 $ Added 0057300 Rub Rail, 2.00" High Rubber, Side of Body 1 $ 608.88 Deleted 0626229 Handrails, Side Pump Panels, Per Print 1 $ Handrails, Side Pump Panels, Per Print, Hansen Knurled Added 0778411 Alum Tubing, Black 1 $ 409.82 Door Finish, Fender Changed 0636301 Compt, Extinguisher (2) in Fender Panel, Triangular Door Compt polished painted 1 $ 109.25 Door Finish, Fender Changed 0657522 Compt, Air Bottle, Triple, Fender Panel Compt polished painted 2 $ 218.51 Holder, Air Bottle, Zico Model UH-5-30-3-SF, Location Changed 0740924 Feature City, Bracket 06 01 -5 $ i 1 048.871 Deleted 0004361 Tubes, Alum, Pike Pole Storage 2 $ 376 -2, Added 0058193 Tubes, Alum, Pike Pole Storage, Spcl Notch, NY PP Head 2 $ 504.79 Activation, Water Changed 0757359 Gauge, Water Level, Class 1, Remote Module Driver Level G I pump is in gear 1 battery switch is on 1 $ 106.42 lA� MACQUEEN \r EMERGENCY Changed 0750438 Water Level Gauge, Win PSTANK2, LED 1-Light, 4-Level Activation, Water Level G pump is in gear battery switch is on 2 $ 212.85 Deleted 0541056 Control, Elec Siren, Horn Ring, Default Siren Operation 1 ? S7 3 Added 0076156 Control, Elec Siren, Head Only 1 $ - Deleted 0016080 Siren, Federal Q213 1 $ i4.242.1 7) Added 0630276 Siren, Federal 02B, Black 1 $ 4,850.73 Deleted 0780350 Receptacle Strip, 15A 120V 6-Place, Interior Cab 1 S , 352 33-, Added 1 0780360 Receptacle Strip, 20A 120V 6-Place, Interior Cab 1 $ 439.95 Deleted 0004146 Handrail, Rear, Below Hose Bed, Full Width 1 $ Added 0773289 Handrail, Rear, Below Hose Bed, Full Width, Hansen Tubing, Black 1 $ 349.99 Deleted 0004126 Handrails, Beavertail, Standard 1 $ 0.00 Added 0778409 Handrails, Beavertail, Standard, Hansen Tubing, Knurled Aluminum, Black 1 $ 246.50 Deleted 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 1 $ (1 18 33, Deleted 0019625 Wheels, Rear, Alcoa, 22.50" x8.25", Aluminum, Hub Pilot, Single 1 $ ,4 073 3i Added 0654806 Wheels, Rear, Accuride, 22.50" x 8.25", Steel, Hub Pilot, Single 1 $ 948.73 Added 0693793 Paint, Rear Wheels, SingleA)de 1 $ 461.83 Deleted 0582936 Tires, Front, Goodyear, G289 WHA, 315/80R22.50, 20 ply 1 $ (2.891 64:. Added 0677584 Tires, Front, Goodyear, G296 MSA, 385/65R22.50, 18 ply, Fire Service Load Rating 1 $ 3,084.23 Added 0604672 Wheels, Front, Accuride, 22.50" x 12.25", Steel, Hub Pilot 1 $ 1,620.50 Deleted 0019575 Wheels, Front, Alcoa, 22.50" x 9.00', Aluminum, Hub Pilot 1 S 12 5'?9 65!. Added 0693798 Paint, Front Wheels Paint, Wheels powder coat paint #101b1 1 $ 229.58 Added 0566101 Recess, Dash Panel, Officer Side, Vel/Imp 1 $ 590.96 Added 0622531 Mounting Provisions, 3/16" Alum, Full Engine Tunnel, Color, Vel/Imp 1 $ 478.29 Added 0767635 Wiring, Spare, 4.8 A 12V DC, USB Termination, Kussmaul 091-219-5 Sw Pni 1 st 1 $ 244.06 Deleted 0559690 Paint, Two Tone, Cab and Body, w/shield, Custom Cab 1 $ i2 444.82) Added 0644555 Paint, Two Tone, Cab and Body, w/Shield, Metallic Upper Only 1 $ 4,044.91 Deleted 0606697 Air Horns, (2) Grover, In Bumper 1 $ 1 281 77) Added 0769032 Air Horns, (2) Grover, In Bumper, Painted Black 1 $ 1,830.13 Added 0723365 Starting Sw, Truck Engine Powered Gen, Cab, IRS PP IRS Pump Panel 1 $ 424.34 Deleted 0071054 Remote Start, Hydraulic Generator, PTO and Field - SAME SWITCH 1 $ ,1%3629) Added 0660435 Coaling, Top Flange, Front Bumper, Outside Exterior, Rhino Lining, Black 1 $ 406.23 Added 0594533 Paint, Grille, Mesh Only, AXTNeVimp/DCF/SFR/Enf 101 black 1 $ 162.07 Deleted 0123176 Grille, Bright Finished, Front of Cab, ImpelNelocity 1 $ 1 4 37 59; Added 0745128 Grille, Painted, Color, Front of Cab, Impel 101 black 1 $ 285.32 Deleted 0123625 Bumper, 19" Extended, ImpNel 1 ,3 C30 13`, Added 0606460 Bumper, 19" Extended, Painted, Reinforced, ImpNel 1 $ 2,632.19 Deleted 0650791 Control, Mach Siren, Steering Wheel Sw, PS Foot Sw 1 $:1h, 16 i Added 0748282 Control Mach Siren, Ft Sw LS 1 $ 153.14 Added 0748281 Control Mach Siren, Ft Sw RS 1 $ 153.14 Deleted 0544129 Reflective Band, 1"-6"-l" 1 $ 483 641 Added 0770011 Reflective Band, 1" Vinyl-6" Refl-1"Vinyl, w/Borders, 0.75" Voids (Sam Bass) 1 $ 831.00 Deleted 0686426 Lettering, Gold Leaf, 3.00", (61.80) 1 $ 1 609.13, Added 0685688 Lettering, Printed Effect Gold Leaf, 3.00", (61-80) 1 $ 1,077.31 Deleted 0686202 Lettering, Gold Leaf, 10.00", Each City, Lettering 04 4 S �.531 01 Deleted 0684182 Emblem, Maltese Cross, Reflective, 21"-23", Pair 1 i822 99j Added 0632731 Emblem, "Honoring America's Bravest" w/Helmet, Printed Effect GL/L, Std, Pair 1 $ 594.12 Added 0685593 Lettering, Printed Effect Gold Leaf, 4.00", Each Qty, Lettering 12 12 $ 318.73 Added 0685544 Lettering, Printed Effect Gold Leaf, 8.00", Each Qty, Lettering 02 2 1 $ 133.79 Added 0686040 Lettering, Reflective, 2.00", (21-40) 1 $ 460.40 Deleted 0079341 Jog, In Reflective Stripe "Hockey Sfick" 1 S ,253 6,1) Added 0082587 Folded Ribbon in Reflective Stripe, Pair With Air Brushing 1 $ 552.45 Added 0683338 Emblem, Reflective, Per Dept. Submittal, Each LS1, RS1 2 $ 698.56 Added 0695610 Emblem, Reflective, Per Dept. Submittal, Each B1 1 $ 324.21 Added 0512024 Stripe, Reflective, Chevron/Inverted "V", On Front Bumper 1 $ 448.60 Changed 0667942 Door, Half -Height, Impel FR 4-Door Cab, Raised Roof Cab, Exterior Door Handle, Finish black/black 1 $ 137.97 Deleted 0780484 Headlights, Rect LED, HiViz FT-06.41Kff, AXT/DCF/Enf/Imp/SabNel 1 $ i2.650.88 i Added 0724853 Headlights, Rect LED, HiViz FT-4X6.4KIT, AXT/DCF/Enf/Imp/SabNel, Trim headlight houising and headlight trim to be painted black 1 $ 3,301.90 Deleted 0540460 Light, Front Zone, Win M6'C LED, Clear Lens, 41ts Q Bezel 1 $ (2 073 14) Added 0746525 Light, Front Zone, Win M6" LED, 41ts Q Bezel 1 $ 2,658.34 Deleted 0601306 Speaker, (1) Win, SA315P, w/Pierce Polished Stainless Steel Grille, 100 watt 1 $ 723 90? Added 0776000 Speaker, (1) Win, SA315P, w/Pierce Black Painted Grille, 100 watt 1 $ 745.61 Added 0026604 Deluge Mount, Bolt Flange, Reinforced for Hi - Riser/DeckMaster 1 $ 365.36 Deleted 0527034 Trim, S/S Band, Across Cab Face, Rect Lights, Impel 1 $ i 1 731 02 ) AA MACQUEEN V EMERGENCY 0751195 painted black stainless Added Trim, S/S, Rect Headlights, Painted, VEUIMP Turnsignal Covers steel comer covers 1 $ 528.52 Seat, Officer, Pierce PS6, Premium, Air Ride, High Back, Deleted 0696996 Safety 1 $ 11 t21 80) Added 0696994 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Safety 1 $ 1,449.73 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, Deleted 0122182 Hi -Back, Safety 1 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, Added 0122183 SCBA, Safety 1 $ 2,166.18 Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, Deleted 0122185 Hi -Back, Safety 1 $ i1.ti95.5.3; Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, Added 0122186 SCBA, Safety 1 $ 2,166.18 Seat, Forward Facing C/C, Center, (2) Pierce PS6, Premium, Deleted 0122742 Hi -Back, Safety 1 $ ;903 84 Seat, Forward Facing C/C, Center, (2) Pierce PS6, Premium, Added 0122744 SCBA, Safety 1 $ 1,845.11 0735880 Color, Line-X, Per Added Steps, 4-Door Full Tiff Cab, Line-X Step Wells, ImpNel Item black 1 $ 1,019.60 Receptacle, 15120A 1 r 3- r, up, 1st, middle, back wall of PS Added 0781579 Interior Cab ems cabinet 1 $ 366.28 painted one (1) color to Color, Roll -up Door, an anodized satin match the lower portion of Changed 0692746 Door, Gortite, Rollup, Rear Compartment Gortite finish the body 1 $ 180.55 Location, Door RS1, RS2, RS3, LS1, Added 0637421 Trim, Rollup Door, Painted Door Color, Gortite Accessory LS2, LS3, B1 7 $ 1,229.85 Size, Dept Seal, Changed 0683338 Emblem, Reflective, Per Dept. Submittal, Each Reflect 22.00" - 24.00" 30.00" - 32.00" 2 $ 197.42 Deleted 0636301 Compt, Extinguisher (2) in Fender Panel, Triangular Door 1 $ 276.13 ) Changed 0657522 Compt, Air Bottle, Triple, Fender Panel City, Air Bottle Comp 2 3 1 $ 1,306.85 TOTAL $ 8,882.67 By signing this form, 1 do hereby authorize the representing Pierce Dealer to coordinate the changes, additions, and deletions listed on the proceeding page(s) for the prices listed on each change made. I understand and agree that any additions or changes that were not part of the original contract may adversely Impact the scheduled completion of the apparatus. If the scheduled completion is affected, the Pierce authorized Dealer will notify you of such a change at the time this change is presented. I understand and agree that once this change request is Customer Signatu e: Sales Representative Daniel J Corcoran Signature: Date: 5/13/2021