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Municipal Emergency Services/%590,534.48/ " Municipal Emergency Services /Zs Fire Department-2012 Appropriation# 102-670.99; P.O. #24390 Contract Not To Exceed$590,534.48 %s' ." AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and Municipal Emergency Services, an entity duly authorized to do business in the State of Indiana ("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 102-670.99 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Five Hundred Ninety Thousand Five Hundred Thirty Four Dollars and Forty Eight Cents ($590,534.48) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Indianapolis Fire Department Bid Proposal Package for "Scott Air-Pak 75, 4.5 Self Contained Breathing Apparatus Units with Trade-ins" all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. Further, Vendor is the only distributor that can sell under the City of Indianapolis contract, as shown in attached Exhibit C. [\Vssvrapps1\user data-adn ut\LA WUhand\ProLSvcs&Goods Svcs\Fire D pt\2012\MUNICIPAL EMERGENCY SERVICFjS Goods and S,r.cso dot.9/13/2012 2:23 PM] Municipal Emergency Services Fire Department-2012 Appropriation# 102-670.99; P.O. #24390 Contract Not To Exceed$590,534.48 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit D. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. [\V.csrappsl\usu data-admu,LAW\sharu1\Prof.Svcs&Gads Svcs\Eire Dc,I\21112\MUNICIPAL EMERGENCY SERVICG$Goats and&nicso.do,9/13/21112 2:23 PM] Municipal Emergency Services Fire Department-2012 Appropriation# 102-670.99; P.O. #24390 Contract Not To Exceed$590,534.48 Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY Pursuant to I.C. § 22-5-1.7 et seq., Company shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, if it has not already done so as of the date of this Agreement. Company is further required to execute the attached Affidavit, herein referred to as Exhibit E, which is an Affidavit affirming that: (i) Company is enrolled and is participating in the E-verify program, and (ii) Company does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit E. In support of the Affidavit, Company shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Company and delivered to the City's authorized representative. Should Company subcontract for the performance of any work under this Addendum, the Company shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-verify program. Company shall maintain a copy of such certification for the duration of the term of any subcontract. Company shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Company, or any subcontractor of Company, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Company or subcontractor subsequently learns is an unauthorized alien, Company shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Company or any subcontractor of Company fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply should the E-Verify program cease to exist. [\Ussvrapps1\user data-admin\LAW\sharodlProl:Svcs&Good..Svc.\Fire Dept\2012MUNICIPAL EMERGENCY SERVICES Goo&and Solne,dnc:9/17/20122:23 PM] Municipal Emergency Services Fire Department-2012 Appropriation# 102-670.99; P.O. #24390 Contract Not To Exceed$590,534.48 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND Douglas C. Haney, City Attorney One Civic Square Department of Law Carmel, Indiana 46032 One Civic Square ATTENTION: Carmel, Indiana 46032 If to Vendor: Municipal Emergency Services 6975 Hillsdale Court Indianapolis, IN 46250 Telephone: 1-888-322-8402 E-Mail: kschultheis @mesfire.com ATTENTION: Kevin Schultheis Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. [\Vssvrappsl\ucrr data-admin\LAW\.chared\ProI1Sv, &Gn`d Svcs\Piro Dgn\2012\&IUNICIPAL EMERGENCY SERVICT Gads and Scroiccs.dce:9/13/20122:23 PM] Municipal Emergency Services Fire Department-2012 Appropriation# 102-670.99; P.O. #24390 Contract Not To Exceed$590,534.48 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2012 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, ' officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. [\31,vrappsl\user data-admu\LA W\.chared\ProESves&Goods Sves\Fire D ra32012\MUNICIPAL EMERGENCY SERVICES Goods and Svvox,..dm.9/13/2012 2:23 PM] Municipal Emergency Services Fire Department-2012 Appropriation# 102-670.99; P.O. #24390 Contract Not To Exceed$590,534.48 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Municipal Emergency Services by and through its Board of Public Works and Safety By: By: Y� lames Brainard, Presiding Officer Authorized Signature Dat-: _ /?a(Avi' N. kkcit S Printed Name ary n BMember Date: Burke, 0-3-/a csI�s►,.,�.� Title Lori S. Wa Memb r FID/TIN:6S (b5/3 79 Date: II& Last Four of SSN if Sole Proprietor: _ ATTEST: Date: 7/ 0�-o(Z• / / Diana Cordray, IAIy . C, Clerk-Treasurer Date: /6 -3/)-- [A\Jssvrapp.1At adata-admmALAW\sharuAProCSvcs fi Good,Svcs\Fire DcplA2012VNUNICIPAL EMERGENCY SERVICR Goods and Sav 1uc.dm9/13/20122:23 PM] fps, City of Indi polis. 2 OregoryA.Ballard.Mayor '6"--Ads. June 13,2012 Mr.Kevin Schultheis Municipal Emergency Services 6975 Hillsdale Ct. Indianapolis,IN 46250 Re: ITB 7684;Possible Two(2)Year Extension of Scott Air Pak 75/30 Min.Cylinders/Pak Tracker Units Contract Dear Kevin: Our records indicate the above referenced contract will expire on August 24,2012. The City of Indianapolis has expressed an interest in renewing this contract with your firm at the original pricing,terms and conditions for an additional twenty-four(24)month period. Please indicate below if your firm would be willing to renew this contract and return this letter to the attention of Eric Swedberg utilizing the form below by no later than June 26,2012. You may email or fax this response back to my attention at(317)327-4493 or Eric.Swedbera @indv.eov Sincerely, Eric Swedberg Buyer ***s**************s**********a********s**********s********************s*a**s*a************ We are willing to renew the above referenced contract at the.same terms and conditions. (We understand that a renewal may only be authorized by the departments governing Board or Board designee.) We are unable to renew this contract. /7 7---?( i • Company Name Si nature of Representative 6/71- Za tA` /1 5—k 4e/.S Date Printed Name of Representative Title 1 522 City-County Buil Purchasing Division 200 Easy Washington S "EXHIBIT Indianapolis,Indiana 46284 BYO® I I I .{-` �� '9 http.//www.indygov.wg/p Telephone 317327.4 Fax .317.327.449 • City of Indianapolis, Invitation to Bid On Scott, Air-Pak75, 4.5 Self Contained Breathing Apparatus Units with Trade-ins For the Indianapolis Fire Department The following terms will be included in the resulting agreement between the successful vendor and the City of Indianapolis(City). Please read carefully. Questions pertaining to the technical specifications and quoting documents may be directed to Ms Jennifer Roberts, Purchasing Division, in writing either by e-mail to jrobertsOindv.gov or fax(317) 327-4493, no later than one(1)week prior to due date. 1.0 General 1.1. Vendors are invited to bid unit prices for New, Scott,Air-Pak 75, 4.5 Self Contained Breathing Apparatus(SCBA) Package (No Exception)to be furnished and delivered to the Indianapolis Fire Department(IFD)Quartermaster, 2551 South Belmont, Indianapolis, IN 46221, in Marion County. Other departments and agencies may also utilize this contract. 1.2. The City anticipates the trade in of Scott,AP50, SCBA units for each unit purchased. Vendor shall supply pricing for the complete units and the discount offered for trade-in of used equipment units. During the term of the agreement, the City reserves the right to purchase with or without trade-ins for the pricing given. 1.3. PLEASE NOTE: Any related addenda to this bid, including written answers to questions,will be posted on the Purchasing Division's official website at www.indv,gov/purch under the appropriate project heading. Addenda will NOT be sent directly to vendors. Vendors will be responsible for periodically checking this website for any related addenda up to and including the due date. Vendors should print out, sign and return written acknowledgement(s) with their bid. 2.0 Term Contract 2.1 This Invitation is to establish one or more term contracts for these items. No guaranteed minimum or maximum purchase quantities are either stated or implied. The quantities listed are estimates only based on past history or department survey, and the City may purchase more or less than the amounts shown. All orders shall be on an "as needed" basis. 2.2 The City anticipates the purchase of one-hundred twenty(120) units with trade-in during the term of the resulting agreement. 2.3 The term of the initial contract shall be two(2)years, effective from the date of the award letter. 3.0 Split Awards The City may award a contract to a vendor who submits the overall lowest, responsive and responsible bid; or, it may split the award between two or more vendors, all to the advantage of the City. For purposes of evaluation, a split between two or more vendors will not be considered to be to the advantage of the City if increased administrative costs offset any projected cost savings realized by splitting the award. 4.0 Renewal The contract resulting from this bid may be renewed beyond the expiration date by mutual agreement of the parties. The term of the renewal may not be longer than the term of the original contract. A renewal shall be by written notice by either party and written acceptance by the other. All other terms and conditions of the contract shall remain the same as set forth in the resulting agreement. Terms and conditions may be amended only by written instrument, signed by both the City and awarded vendor, and attached to the resulting agreement as an amendment. IFD—Scott Air-Pak 75 SCBA Final(5-2010) " XH I I A. " 5.0 Firm Bids All bids received shall be considered valid for not less than ninety(90)days from the date of bid opening. Pricing shall be firm for the length of the contract, including any renewals. 6.0 Literature Please submit official manufacturer's literature regarding all items offered with the bid. 7.0 Bonds There will be no bid bonds or performance bonds required for this contract. 8.0 Specifications The specifications are intended to provide a foundation for open competition for the supply of commodities or services to meet City needs. Minor and immaterial technical deviations may, at the discretion of the City, be deemed in substantial compliance with the specifications. However, material variances may render the vendor non-responsive and ineligible for award. 9.0 Delivery Unless otherwise agreed to by the requesting location, delivery shall be within thirty(30)calendar days after receipt of a valid order. Delivery shall be made to the Indianapolis Fire Department, 2551 South Belmont, Indianapolis, IN 46221. All deliveries shall be made Monday through Friday during normal business hours (official holidays excluded) unless other prior arrangements are made. Vendor shall adhere to any other delivery policies (e.g. notification, etc.) as may be required by the department or agency. 10.0 Trade-in Units Trade-in units shall be supplied to the vendor after receipt of the new units and testing for operability. Vendor shall be responsible for securing trade-ins once notification of readiness occurs from IFD. No additional charges shall be made to the City regarding securing of Trade-in units. 11.0 Freight Terms The City requests"delivered pricing" (FOB Destination, Freight Prepaid &Allowed)for this particular contract, and shipping charges should therefore be included in the vendor's unit price. No other charges will be allowed. All items will be shipped and protected in transit per industry standards. 12.0 No Handling Charges If, for any reason, the City rejects items supplied by the vendor, the City shall not be responsible for any shipping and handling, restocking, or similar charges incurred by the vendor. 13.0 Contract Termination The City may terminate the resulting contract for cause or convenience at any time during the term of the contract,without penalty, upon thirty(30)calendar day's written notice to the vendor. The City shall be the sole judge of the adequacy of the vendor's performance pursuant to the resulting contract. 14.0 Debarment and Suspension 14.1 Vendors should be aware that by entering into an agreement with the City, they, nor their principals, should be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principals", as used in this paragraph, means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has critical influence on or substantive control over the operations of the vendor's business. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 2 cc 14.2 The awarded vendor shall not have their business name(s) or principal's name(s) listed on the debarment web site at httD://www.epls.gov/epls/search.do. A check of this listing will be made by the City. The City of Indianapolis reserves the right to nullify the award of any quote, bid, or RFP based on this listing. It is recommended that vendors check the website listing prior to submitting documents. 15.0 Successors and Assigns Vendor binds itself and its partners, successors, executors, administrators and assigns to City and to the partners, successors, executors, administrators and assigns of City, in respect to all covenants of this agreement; except as otherwise provided herein, vendor shall not assign, sublet or transfer its interest in this agreement without the written consent of City. 16.0 Bid/Quote Expenses By submitting a response to this bid/quote, each vendor agrees that all of its related expenses are its sole responsibility, and that the City will not be responsible for any costs whatsoever incurred by the vendor in connection with or resulting from the bid/quote process, including but not limited to costs for preparation/submission of the bid/quote, travel & per diem, attending interviews, providing presentations or product demonstrations. 17.0 Training Vendor shall be prepared to provide a factory trained instructor to train IFD technicians and some operators in the maintenance, repair and operation of said equipment including the Pak-tracker Locator System at no additional charge. If the unit is a combination package, all vendors shall be present for their portion of the training. Expected training duration would be one full day with multiple training sessions. Vendor shall also make arrangements to supply IFD technicians with any repair bulletins that may be issued from time to time by the manufacturer(s). All training materials shall become the property of IFD. 18.0 Parts Support Since the continuous operation of City equipment is important and sometimes of an emergency nature, the successful vendor must be in a position to render prompt parts support. The successful vendor shall maintain and/or have "local access"to a parts inventory and maintain a service repair and testing facility within its local office. The City shall consider"local access"as within Marion or contiguous counties in Indiana. 19.0 Warranty Requirements and Certifications The unit shall be covered by a warranty providing protection against defects in materials or workmanship. This warranty shall be for a period of 10 years on the SCBA, except for the pressure reducer, which shall be covered for 15 years. Electronic components shall be warranted for three years. The SCBA shall be certified by NIOSH as conforming to the Code of Federal Regulations, 42 CFR 84. This apparatus, without modification, shall be NIOSH certified. The apparatus shall meet all requirements of National Fire Protection Association (NFPA)-1981 standard on open-circuit self- contained breathing apparatus, 2007 edition. Vendor shall provide documentation of warranty coverage. 20.0 Technology and Upgrades Should new elective technology changes or improvements from the manufacturer occur during the term of the agreement that obsolete any part of the new Air-Pack 75 SCBA units such that previous designs are not available, the vendor shall furnish new units with no increase in the per unit price. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 3 "EXHIBIT D1=2 21.0 Technical Specifications-AP2240204200302, Scott, Air-Pak 75TM, 4.5, E-Z Flo+, Spring-Clip Harness, QC reg., D-EBSS, Pak-Tracker and any parts to compete a unit as specified herein. 21.1 Open Circuit, Self-Contained Breathing Apparatus Consisting Of The Following Major Sub-Assemblies: 21.1.1 Cylinder and valve assembly for storing breathing air under pressure; 21.1.2 Full facepiece assembly; 21.1.3 An automatic dual path redundant pressure reducing regulator; 21.1.4 A removable, face piece-mounted, positive pressure breathing regulator with air-saver switch, low pressure alarm and purge valve; 21.1.5 A harness and back frame assembly for supporting the equipment on the body of the wearer; 21.1.6 A shoulder strap mounted, remote gauge indicating cylinder pressure; 21.1.7 A Heads-Up Display(HUD) redundant low-pressure alarm; 21.1.8 A Rapid Intervention Crew/Universal Air Connection (RIC/UAC); 21.1.9 Certified to the National Institute for Occupational Safety and Health (NIOSH) Chemical, Biological, Radiological and Nuclear(CBRN) standard and 21.1.10 Integrated firefighter locating system 21.2 Cylinder and Valve Assembly Type and Requirements 21.2.1 The cylinder threads shall be straight with an o-ring or quad-ring gasket type seal. The cylinder valve shall be a "fail open"type, constructed of forged aluminum and designed such that no stem packing or packing gland nuts are required. It shall contain an upper and lower seat such that the pressure will seal the stem on the upper seat, thus preventing leakage past the stem. No adjustment shall be necessary during the life of the valve. The cylinder valve outlet shall be a modification of the Compressed Gas Association (CGA) standard threaded connection number 346 for breathing air(proposed CGA connection no. 347)with a tri-lobe ergonomically designed hand-wheel. 21.2.2 The valve shall be constructed such that damage will not occur if the coupling is over- torqued by hand. Each cylinder valve shall consist of the following: 1) a hand activated valve mechanism with a spring-loaded, positive action, ratchet type safety lock and lock-out release for selecting "lock open service" or"non-lock open service"; 2) an upstream connected frangible disc safety relief device; 3)a dual reading pressure gauge indicating cylinder pressure at all times; 4) an elastomeric bumper; 5)an angled outlet. 21.2.3 Each cylinder and valve assembly shall be equipped with a hanger bracket for positive locking attachment of the assembly to the back frame. 21.3 Facepiece Assembly 21.3.1 AV-3000 SureSeal Facepiece -The full facepiece assembly shall fit persons of varying facial shapes and sizes with minimal visual interference. It shall be available in three color- coded sizes and maintain NIOSH/ Mine Safety and Health Association (MSHA) certification of the respirator regardless of the size used. The face seal shall be a reverse reflex type consisting of front and rear edge sealing surfaces, constructed of a blend of proprietary material and be secured to the lens by a u-shaped channel frame that is retained to the lens using two fasteners. A detachable bayonet-style mounting adapter for the voice amplifier shall be installed at the factory. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 4 "EXHIBIT A 5,4- " 21.3.2 The lens shall be a single, replaceable, modified cone configuration constructed of a non- shatter type polycarbonate material and shall meet the impact and penetration requirements of a faceshield as specified in American National Standards Institute (ANSI)Z87.1 paragraphs 5.2.8.1 and 5.2.8.2, it shall have a silica based coating to resist abrasion and chemical attack and meet the requirements of NFPA-1981, for lens abrasion. The lens shall have an anti-fog coating to reduce fogging of the lens. 21.3.3 The facepiece shall have a large diameter inlet serving as the female half of a quarter(1/4) turn coupling which mates with the positive pressure breathing regulator. Multi-directional voicemitters shall be lens mounted on both sides of the facepiece lens and ducted directly to an integral silicone nosecup to enhance voice transmission. The voicemitters, ducts, and nosecup shall be easily removable without the use of tools. The facepiece shall have a minimum of four sizes of nosecups. 21.3.4 The head harness shall be a five-point adjustable suspension made in the fashion of a head net, to minimize interference between securing of the facepiece and the wearing of head protection and be constructed of a para-aramid material. 21.4 Pressure Reducer 21.4.1 The pressure-reducing regulator shall be mounted on the backframe and be coupled to the cylinder valve through a short length of internally armored high pressure hose with a hand coupling for engagement and sealing within the cylinder valve outlet. In lieu of a manual by- pass, the pressure-reducing regulator shall include a back-up pressure-reducing valve connected in parallel with the primary pressure reducing valve and an automatic transfer valve for redundant control. The back-up pressure reducing valve shall also be the means of activating the low-pressure alarm devices in the facepiece-mounted breathing regulator. This warning shall denote a switch from the primary reducing valve to the back-up reducing valve whether from a malfunction of the primary reducing valve or from low cylinder supply pressure. 21.4.2 A press-to-test valve shall be included to allow bench testing of the back-up reducing valve. The pressure-reducing regulator shall have extended temperature range dynamic o-ring seals composed of fluorosilicone elastomer. The pressure reducing regulator shall have incorporated a reseatable over-pressurization relief valve which shall prevent the attached low pressure hose and facepiece-mounted breathing regulator from being subjected to high pressure. 21.4.3 A standard dual-outlet manifold shall also have provision for connection of an optional airline supply for extended duration use while reserving the cylinder supply for egress. Switching from airline supply to cylinder supply shall be accomplished manually by the user, by opening the cylinder valve to prevent inadvertent use of the cylinder supply without the user's knowledge. 21.4.4 An optional dual Emergency Breathing Safety System (EBSS) shall be available in-lieu of the optional airline supply and shall have one of each of the following requirements; 1)a manifold with one each of a female socket and male plug, both of which have check valves, 2) 40" minimum low-pressure hose, 3) a containment system with means of attaching the manifold to the waist belt with a '/4-turn action, 4)a pouch for storing the hose, and 5)a dust cap for the female socket and male plug. The dual EBSS shall be on the wearer's left side and shall be capable of allowing for six (6)feet of hose between like systems. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 5 "EXHIBIT_A 99 21.4.5 The manifold shall be made of aluminum and be anodized black. The female socket and male plug shall have spacing, no less than 15° off-center. The female socket shall have a double action to disengage, noted as a "push-in/pull-back". The female socket shall have an internal check valve. The male plug shall have an external check valve. The hose shall be made of high temperature rubber capable of sustaining a maximum 250 Pound-force per Square Inch Gauge (PSIG) of pressure. 21.4.6 The containment system shall include a pouch, shall be made of para-aramid materials and shall be capable of storing 36"of hose. The pouch shall be attached to the SCBA by pull- the-dot fasteners. 21.5 Rapid Intervention Crew/Universal Air Connection (RIC/UAC) The SCBA shall incorporate a RIC/UAC fitting to be compliant with the 2007 edition of the NFPA 1981 self-contained breathing apparatus standard. The RIC/UAC shall be an integral part of the high-pressure hose that attaches the cylinder valve to the first stage pressure reducer. The RIC/UAC inlet connection shall be within 4" (4-inches)of the tip of the CGA threads of the cylinder valve. The RIC/UAC shall consist of a connection for attaching a high-pressure air source and a self-resetting relief valve allowing a higher pressure than that of the SCBA to be attached to the SCBA. The RIC/UAC shall have a check valve to prevent the loss of air when the high-pressure air source has been disconnected. 21.6 Facepiece-Mounted Positive Pressure Regulator 21.6.1 The facepiece-mounted positive pressure-breathing regulator shall supply and maintain air to the facepiece to satisfy the needs of the user at a pressure greater than atmospheric by no more than 1.5 inches of water pressure static. The breathing regulator shall maintain this positive pressure during flows of up to 500 standard liters per minute. The regulator shall also meet or exceed a dynamic flow requirement of remaining positive while supplying a minute volume of 160 liters. 21.6.2 The breathing regulator shall have attached a low pressure hose which shall be threaded through the left shoulder strap to couple to the pressure reducing regulator mounted on the backframe. The regulator shall be equipped with a quick connect coupling in line to allow the breathing regulator to be disconnected from the unit and reconnected to the auxiliary hose of a second unit in the event rescue is required. The quick connect coupling shall be easily connected and disconnected by trained individuals with a gloved hand and/or in low light conditions. The coupling shall also be guarded against inadvertent disconnect during use of the equipment. 21.6.3 The breathing regulator outlet port shall be configured as the male half of a quarter(1/4) turn coupling which mates with the facepiece and shall be equipped with a doughnut- shaped gasket which provides the seal against the mating surface of the facepiece. The regulator cover shall be fabricated of a flame resistant, high impact plastic. The breathing regulator shall also have an integral low-pressure alarm device that shall combine an audible alarm with simultaneous vibration of the facepiece. This alarm device shall indicate either low cylinder pressure or primary first stage regulator failure. The breathing regulator shall have a demand valve to deliver air to the user, activated by a diaphragm responsive to respiration. The demand valve shall use an extended temperature range dynamic o-ring seal composed of a fluorosilicone elastomer. This diaphragm shall include the system exhalation valve constructed from a high strength silicone elastomer. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 6 "EXHIBIT Y 3 o'f" D ; 99 21.6.4 A purge valve shall be situated at the inlet of the breathing regulator and shall be capable of delivering airflow of between 125 and 175 standard liters per minute. The breathing regulator shall be arranged to direct the incoming air over the inner surface of the facepiece for defogging purposes. The components of the breathing regulator shall be constructed of materials that are not vulnerable to corrosion. The flame resistant cover shall contain an air saver switch and pressure demand bias mechanism. It shall reactivate and supply air only in the positive pressure mode when the wearer affects a face seal and inhales. This device shall not affect the breathing flow through the system while in operation. 21.7 End-Of-Service Indicators 21.7.1 The SCBA shall have two end-of-service (EOS) indicators. The primary EOS shall be the integral low-pressure alarm device that shall combine an audible alarm with simultaneous vibration of the facepiece. The primary EOS shall be located in the facepiece-mounted positive pressure regulator. 21.7.2 The Heads-Up Display (HUD) shall serve as the secondary EOS indicator. It shall be mounted in the user's field of vision on the second stage regulator. It shall display one- quarter bottle increments including full bottle pressure and continuing to 25% of maximum bottle pressure. The display shall not have a numerical representation of bottle pressure. At one-half bottle pressure, one "yellow" led shall be illuminated and flash at a rate not to exceed one (1x)time per second. At one-quarter bottle pressure, one "red" led shall be illuminated and flash at a rate not to exceed ten (10x)times per second. The HUD shall have a low battery indication that is distinct and distinguishable from the bottle pressure indications. 21.8 Control Console with HUD 21.8.1 The pressure gauge shall become an integral part of the control console assembly. The control console shall come with a mechanical (analog) pressure gauge that is angled at 30°. The control console shall a photo sensing diode to dim and brighten the HUD as the environment changes. The HUD shall operate on two "aa" batteries that are located in the control console assembly. The battery life of the SCBA with HUD only shall be no less than 200 hours. 21.8.2 The HUD shall be intrinsically safe per ANSI/UL 913 class I, groups C and D, class II, groups E, F, and G, Hazardous Locations. 21.9 One-Piece Aluminum Harness and Backframe Assembly 21.9.1 A lightweight, lumbar support style backframe and harness assembly shall be used to carry the cylinder and valve assembly and the pressure reducing regulator assembly. The backframe shall be a solid, one-piece black powder-coated aluminum frame that is contoured to follow the shape of the user's back. The backframe shall include a mounting for the pressure reducer. This mounting shall contain a slide-type bracket permitting positioning of the pressure reducer to accommodate connection to either an angled or straight-type cylinder valve. 21.9.2 The backframe shall include an over-the-center, adjustable tri-slide fixture, a para-aramid strap and a double-locking latch assembly to secure 30, 45 or 60 minute cylinders. The harness assembly shall consist of a one size black para-aramid strap with a yellow stripe. This harness shall include box-stitched construction with no screws or bolts. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 7 "EXHIBIT Acia-r 91 The harness assembly shall incorporate spring clip, quick-release shoulder&waist buckles and shall include shoulder and hip pads. The harness shall include a seat-belt type waist attachment. The shoulder strap shall be fitted with a Drag Rescue Loop (DRL) capable of being deployed in an emergency situation to drag a downed firefighter to safety. The one- piece aluminum backframe should include integrated donning/carry handles. The handles shall allow the user to easily don the SCBA in the "over-head" style and also allow the user to carry the SCBA. The backframe shall include accommodation and mounting spaces suitable for installation of a distress alarm integrated with the SCBA. These mounting spaces shall permit installation of an alarm sensor module in an area between the cylinder hanger locking mechanism and the backframe. 21.10 Distress Alarm Integrated with SCBA(Optional Pass Device) General Specifications 21.10.1 The distress alarm shall be capable of integration with a NIOSH certified self-contained breathing apparatus, and this integrated SCBA and distress alarm system shall retain NIOSH certification. The system shall meet all requirements of NFPA-1982 standard on PASS, 2007 edition 21.10.2 Operation of this distress alarm shall be initiated with the opening of the valve of an SCBA cylinder charged to a minimum pressure of 30 to 80 PSIG. A visual indication of automatic mode activation shall consist of a green flashing led on the system's control module. 21.11 Dual Alarms 21.11.1 The system shall incorporate dual visual and audible alarms, which shall be activated in a pre-alarm mode when the system remains motionless for approximately 20 seconds. A full alarm shall be activated in the event the system remains motionless for approximately 30 seconds along with a 500 Hz audible signal. Visual signals shall consist of a green flashing led when the system is in operation and red flashing Light Emitting Diodes (LEDs)to indicate pre-alarm mode, full alarm mode and a low battery condition. The system's led signals shall be situated on a control console assembly mounted on the user's right shoulder strap. The system shall have a visual LED indicator to check the battery condition while the system is not in use. 21.11.2 The alarm signal shall be in a frequency range of 1 kHz to 4 kHz and consist of three primary frequencies. Sound pressure level shall be >95 dba. The pre-alarm signal shall be in a frequency range of 1 kHz to 2 kHz and consist of two primary frequencies, the sound pressure level shall ramp up in two distinct steps from 60 to >100 dba. 21.12 Control Console 21.12.1 The pressure gauge shall become an integral part of the control console assembly. The control console shall come with a mechanical (analog) pressure gauge that is angled at 30°.the control console assembly shall contain push buttons for manual operation of the distress alarm. A yellow color-coded push button shall permit system re-set; a red color- coded push button shall permit manual activation of the full alarm mode. Both push buttons shall be designed to minimize accidental activation. The system shall feature a "hands-free" re-set capability that may be activated by means of a slight movement of the SCBA when the system is in a pre-alert mode. 21.12.2 The control console shall contain a "constant-on"edge lit light for the pressure gauge that requires no action on the user to turn on. It shall also contain a photo sensing diode to dim and brighten the HUD as the environment changes. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 39 8 "EX1-11BIT 0 21.12.3 Cables connecting the control console assembly and sensor module assembly shall be capable of withstanding approximately 75 pounds of tension. 21.13 Sensor Module 21.13.1 The system shall include a sensor module mounted to the SCBA backframe and located in an area between the cylinder and backframe in a manner designed to protect the assembly from damage. The sensor module shall contain dual sound emitters for the audible alarm and dual visual "buddy" indicators. The sensor module shall operate on six"aa" batteries that are located in the control console assembly. The battery life of the SCBA with pass only shall be no less than 200 hours. 21.13.2 The visual indicators shall flash as follows; 1)when the device is in pre-alert as defined by NFPA 1982, 2007 edition; 2)when the device is in full-alert as defined by NFPA 1982, 2007 edition; and 3)when the SCBA has reached %-bottle pressure as defined by 42 CFR. 21.14 Intrinsically Safe Alarm System The distress alarm system shall be ETL listed as intrinsically safe in accordance with ANSI/UL 913 class I, groups C and D, class II, groups E, F, and G, Hazardous Locations. 21.15 Firefighter Locator(SCBA Integrated) General Specifications The firefighter locator shall consist of two components; one that is a transmitter integrated into the SCBA and the other that is a hand-held receiver. The integrated component shall be capable of incorporation into a NIOSH certified self-contained breathing apparatus. The SCBA shall retain NIOSH certification and NFPA compliance when the transmitter is installed. The integrated component shall meet all requirements of NFPA-1982 standard on Personal Alert Safety Systems (PASS), 2007 edition. 21.16 Integrated Components Operation of integrated portion of the firefighter locator shall be initiated by either opening of the valve of an SCBA cylinder charged to a minimum pressure of 125 PSIG or by pressing the "firefighter-down" button and then double clicking the "reset" button. A visual indication of activation shall consist of a green flashing led on the system's control module. 21.17 Dual Alarms 21.17.1 The integrated component shall incorporate dual visual and audible alarms, which shall be activated in a pre-alarm mode when the system remains motionless for approximately 20 seconds. A full alarm shall be activated in the event the system remains motionless for approximately 30 seconds. Visual signals shall consist of a green led when the system is in operation and red flashing LEDs to indicate pre-alarm mode, full alarm mode and a low battery condition. The system's led signals shall be situated on a control console assembly mounted on the user's right shoulder strap. The system shall have a visual led indicator to check the battery condition while the system is not in use. 21.17.2 The "firefighter-down" alarm signal shall be generated in a frequency range of 1 kHz to 4 KHz and consist of three primary frequencies. Sound pressure level shall be >95 dba. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 9 " I€ ,IT A I C> D3 99 The pre-alarm signal shall be in a frequency range of 1 kHz to 2 kHz and consist of two primary frequencies, the sound pressure level shall increase in two distinct steps from 60 to >100 dba. 21.18 Control module The pressure gauge shall become an integral part of the control module assembly. The control module assembly shall contain push buttons for manual operation of the integrated component. A yellow color-coded push button shall permit system reset; a red color-coded push button shall permit manual activation of the full alarm mode. Both push buttons shall be recessed to minimize accidental activation. The integrated component shall feature a "hands-free" reset capability that may be activated by means of a slight movement of the SCBA when the system is in a pre-alert mode. Cables connecting the control console assembly and sensor module assembly shall be capable of withstanding approximately 150 pounds of tension. 21.19 Sensor module The integrated component shall include a sensor module mounted to the SCBA back frame and located in an area between the cylinder and back frame in a manner designed to protect the assembly from damage. The batteries shall be housed in a battery compartment separated from sensor and control circuits and sealed with a gasketed cover. The sensor module shall contain dual sound emitters for the audible alarm. The outside color of the sound emitters shall be red. The sensor module shall contain a secondary component that will transmit a signal when the unit is in "firefighter down"alarm. This signal shall be capable of being received by a separate hand-held receiver. 21.20 Hand-held receiver 21.20.1 The hand-held device shall contain a receiver and be designed for firefighting applications such as search and rescue of a downed or trapped firefighter. The housing shall be red in color and constructed of a polymer material, suitable for use in high-heat environments and fire ground applications. The housing shall consist of a compartment enclosing the receiver. The head of the housing shall be integrated into an approximately 6-inch long ergonomically designed handle, designed to house a battery pack. The handle shall be designed for gloved-hand operation with an anti-slip grip. The base of the handle shall consist of a threaded and gasketed cover to permit user access to the battery compartment for the purpose of inserting or removing the battery pack. The base of the cover shall include a molded connection point for attachment of a neck/shoulder strap or similar device. The device shall have means to recharge the Nickel-metal Hydride (NIMH) battery while installed in the hand-held receiver. 21.20.2 The complete weight of the hand-held receiver, with battery pack installed, shall be 2.2 pounds (.997g). 21.20.3 The overall dimensions of the hand-held device shall be 5 x 5 x 11.25 inches. (12.7 x 12.7 x 28.57 cm). IFD—Scott Air-Pak 75 SCBA Final(5-2010) 10 "EX I.I IT. Ak " 21.21 Display The hand-held receiver shall include a large 2.38-inch (6.04 cm), two line x 16 digit, Liquid Crystal Display (LCD) and two (2) digit LED display. The display shall have an exterior protective cover that is hard coated and designed to reduce glare. 21.22 Controls and Icons The hand-held receiver shall contain two (2)gloved-hand accessible push-type control buttons to operate all functions. These functions shall include on/off, scrolling, and searching. All buttons shall be designed to prevent accidental shut-off. The hand-held receiver shall include an LCD to display integrated transmitters that are transmitting, the specific transmitter being tracked, and an LED indicating signal strength of the transmitter being tracked. High intensity graphical bars incrementally illuminate when signal strength is greater than 50. Additional LED shall include a "low bat" alert, which shall alert the user to a low battery condition when approximately 20% of battery life remains. 21.23 Power Source and Battery Pack The hand-held receiver shall be powered by a single rechargeable NIMH battery pack. Use of NIMH batteries shall provide approximately six (6) hours of continuous operation. 21.24 Desktop charger The hand-held receiver shall be available with a desktop charger designed for recharging the NIMH battery pack. The design of the charger is such that a battery can only be inserted one way. The charger shall be capable of recharging fully depleted batteries in approximately two hours. The charger shall be capable of being connected to a 110 VAC or 12 VDC power supply. 21.25 Carrying case The hand-held receiver shall be made available for storage and transportation with a molded plastic carrying case. The case shall include a foam insert for protection and shall be also be capable of carrying accessories, such as a spare battery pack and desktop charger. 21.26 Truck charging system 21.26.1 The hand-held receiver shall be available with a Truck Charging System (TCS) suitable for mounting in a vertical position inside an apparatus or on a wall. The TCS shall be designed to securely retain the hand-held receiver when not in use and to recharge the battery inside the hand-held device handle. 21.26.2 The TCS shall be supplied with connections for either a 110 VAC or 12 VDC power supply, and shall be capable of recharging a depleted battery pack in approximately two hours. 21.26.3 The TCS fixture shall be designed in such a way that a user with gloved hands may mount or dismount a hand-held receiver. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 11 "EXHIBIT 11122-11=— • 21.26.4 The TCS shall be capable of satisfying the NFPA standard for automotive fire apparatus specified in NFPA 1901, current edition. The system shall be capable of withstanding forces of 9-gs (longitudinally) and 3-gs (from other directions), while securely retaining the hand-held receiver. 21.27 Intrinsically Safe The Pak-tracker locator's hand-held receiver has IS division II (UL 1604); Atex Zone 2 (EN60079-0 and EN60079-15). The Pak tracker locator's personal transmitter has IS division I (UL 913); Atex Zone 0 (EN50014 and EN 50020). (End of Technical Specifications) (The rest of this page left intentionally blank.) IFD—Scott Air-Pak 75 SCBA Final(5-2010) 12 "EXH1 • ° 22.OMinority,Women's or Veteran's Business Enterprise Participation Plan for Goods and Services It is the policy of the City of Indianapolis that Minority Business Enterprises(MBEs),Women Business Enterprises(WBEs), and Veteran Business Enterprises (VBEs)shall have the maximum feasible opportunity to participate in the performance of contracts. Consequently, the City, through Article IV, sections 201-401 of the revised municipal code and Executive Order 5, 2008, has established MBE participation goals of 15%, WBE participation goals of 8%, and VBE participation goals of 3%for its dollars spent on public works, goods, and services. The Contractor shall include information concerning its MBE, WBE, and VBE utilization for this contract on the attached MBE/WBENBE Participation Plan. To receive credit toward the MBE/WBENBE goals, all MBE, WBE, and VBE suppliers offered for"direct participation" in a contract(e.g. subcontracting) must be certified by the City's Department of Minority&Women Business Development(DMWBD). Contractors able to offer direct participation in the form of subcontractors must indicate the name of the MBE/WBENBE firm(s)with which it will work;the contact name and phone number for the firm(s); the service(s)supplied by the firm(s); and the specific dollar amount from this contract that will be directed toward each firm. The evaluation and review of a Contractor's MBE/WBENBE participation, including a review of documentation and information submitted, shall be undertaken by DMWBD. If you should need assistance in obtaining MBE/WBENBE certification for possible participation in a contract, please contact the DMWBD at http://www.indv.gov/eGov/Citv/DMWBD/MBE-WBE- VBE/Pages/Certification.asox or(317)327-5262. Respondents can view a list of City DMWBD approved MBE/WBENBE contractors by going to this web page: http://www.indv.aov/eGov/City/DMWBD/MBE-WBE- VBE/Pages/ContractorList.aspx and clicking on the appropriate"contractor list". The Contractor shall maintain adequate records of all relevant data with respect to the utilization and attempted utilization of MBEs, WBEs, and VBEs and shall provide full access to these records to the DMWBD upon its request to inspect them. The City may require the Contractor to submit information in addition to the MBE/WBENBE Participation Plan and/or Application for MBE/WBENBE Program Waiver regarding MBE/WBENBE certification and utilization. Such information may include, but is not limited to the following: (1) Copies of all executed agreements for each MBE/WBENBE engaged to satisfy the participation policies, (2)the name and address of the MBE/WBENBE, (3)the scope of work to be performed, (4)the dollar value of work to be performed or furnished by each proposed MBE/WBENBE subcontractor or MBE/WBENBE joint venture partner, (5)acknowledgement and acceptance of the agreement by the MBE/WBENBE, and (6)monthly utilization payment reports with each monthly application for payment. While direct participation of MBE/WBENBE subcontractors is preferred, if it cannot be accomplished for this contract,"indirect participation"may be acceptable. Examples of indirect participation might include the use of common MBE/WBENBE suppliers (i.e., office suppliers, courier services, shipping services, etc.)contributing to overhead costs or the overall operation of the business. Indirect participation may occur at the local, regional or national level. (Note: For common suppliers located outside of Indiana that are participating in an indirect fashion, please return proof of home state or municipal certification to the DMWBD.) If the trade is an overhead item for the entire business, please calculate, to the best of your ability, the proportion or amount of the business from this contract that will impact MBE/WBENBEs. Any contractor that does not have MBE/WBENBE direct participation shall submit the attached Application for MBE/WBENBE Program Waiver with the reasons for the lack of participation. The Waiver requires submission of documents showing the good faith efforts that were made by the Contractor for the purpose of attaining MBEWBENBE firms as subcontractors or sources of supplies,equipment,and services. The Waiver must be submitted if a contractor does not have any direct or indirect MBE/WBENBE participation. If a contractor has only indirect participation,then the Waiver must be submitted for the direct participation and the MBEWBENBE Participation Plan must be submitted for the indirect participation. Failure to provide the MBE/WBENBE Participation Plan or Application for Waiver at the time of submission will result in the disqualification and rejection of the bid/proposal. The Purchasing Division and the DMWBD reserve the right to verify all information included in the MBE/WBENBE Participation Plan before making final determination of the contractor's responsiveness and responsibility. IFD—Scott Air-Pak 75 SCBA Final(5-2010) 13 "CXHI 4: T 1-9!