HomeMy WebLinkAboutEMERGENCY ONE INC. - 2000-09-18CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTV GTON BEACH
DATE: September 25, 2000
TO: Emergency One, Inc.
Name
P.O. Box 2710
Street
Ocala, Florida 34478
City, State, Zip
ATTENTION: Wilson R. Jones
DEPARTMENT: V.P. of Sales & Marketing
REGARDING: Agreement for Repair &
Rebuild of (4) Saulsbury Fire Engines
See Attached Action Agenda Item E-8 Date of Approval 9-18-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
x Agreement
x
Bonds X
insurance x
RCA
Deed
Other
CC; M.
holder
Fire
x
x
x
bond
Tame
Department
RCA
Agreement
Insurance
Other
C.
Reynolds
Fire
x
x
x
bond
Name
Department
RCA
Agreement
Insurance
Other
K.
Justen
Fire
x
x
x
bond
Name
Department
RCA
Agreement
Insurance
Other
S.
Freidenrich
City Treas.
x
bond
Name
Department
RCA
Agreement
Insurance
Other
C.
Mendoza
x
x
Risk Management Dept.
Insurance
(Telephone: 7 74-536-5227)
Council/Agency Meeting Held:
Deferred/Continued to:
Ap roved ❑Cond4ionally Approved ❑ Denied Cle Signature
Council Meeting Date: September 18, 2000 Department ID Number: FCRO-d12
' r
CITY OF HUNTINGTON BEACH w
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
N
SUBMITTED BY: RAY SILVER, City AdministratoroW
PREPARED BY: MICHAEL P. DOLDER, Fire Chief/Information Systems Director
SUBJECT: AUTHORIZE AGREEMENT WITH EMERGENCY ONE, INC. FOR
REPAIR AND REBUILD OF FOUR SAULSBURY FIRE ENGINES
AND EXPENDITURE FROM THE UNAPPROPRIATED FUND
BALANCE OF THE EQUIPMENT REPLACEMENT FUND
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City Council enter into an Agreement with Emergency
One, Inc. to repair and rebuild four Saulsbury fire engines?
Funding Source: The total one-time cost to repair and rebuild four Saulsbury fire engines is
$304,530, which includes $250,000 toward depreciated replacement costs and $54,530 in
new or added value modifications. The $304,530 appropriation request is recommended to
be funded from the Unappropriated Fund Balance of the Equipment Replacement Fund and
transferred into the Fire Department Equipment Replacement account (55340104.64570). A
Fiscal Impact Statement is included in Attachment 1.
Recommended Action: MOTION TO:
1. Approve and authorize the Mayor and City Clerk to execute the Agreement Between
the City and Emergency One, Inc. for Repair and Rebuild of four Saulsbury Fire
Engines pending approval of the appropriate Certificates of Insurance and Bond by
the City Attorney, and
2. Authorize the appropriation of $304,530 from the Unappropriated Fund Balance of the
Equipment Replacement Fund and the transfer to and expenditure from the Fire
Department's FY 2000/2001 Equipment Replacement account (55340104.64570).
Alternative Action(s): Enter into litigation against Federal Signal Corporation, current
owner of Saulsbury Fire',Rescue, Inc., for full replacement of four Saulsbury fire engines.
Analysis: Since September 1999, Fire Department staff has worked with the fire engine
manufacturer (recently purchased by Federal Signal Corporation) and their representative
(Emergency One, Inc.) to correct the operational problems with four Saulsbury fire engines
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SUEST FOR COUNCIL ACTIMN
MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: FD 00-012
Analysis: (continued)
purchased between 1996 and 1998 at a cost of 1.375 million dollars. On January 21, 2000,
due to the severity of pumping and pressurization problems, the four Saulsbury fire engines
were placed out of service and the manufacturer provided three loaner engines at no cost to
the City. The City's four fire engines have remained out of service while Fire Department
staff worked closely with Emergency One, Inc. (E-One) to correct the operational problems.
Subsequently, one of the fire engines was sent to the manufacturer's Ocala, Florida factory
to expedite a permanent repair. In a May 25, 2000 letter, E-One reported that they fabricated
a successful repair solution. However, during the City's June 6-8, 2000 trip to Ocala, Florida
for pump repair verification, the apparatus failed. E-One, in a July 24, 2000 letter, proposed
a fire engine replacement program to permanently remedy all operational problems.
In anticipation of potential litigation, the City Council, during its August 7, 2000 Closed
Session meeting, on a vote of 6 Yes and 0 No (Council Member Harman absent), took the
following action:
Authorize the Fire Chief and City Attorney to negotiate a settlement
agreement with Federal Signal Corporation for the replacement of
four fire engines in exchange for up to $300,000 subject to Council
approval of any settlement agreement.
Subsequently, on August 10, 2000, the Fire Chief and Division Chief of Operations met with
E-One representatives, including their President, Vice President Sales and Marketing, and
Director of Customer Services, to reach a resolution of the apparatus problems. As a result
of this meeting, an economically feasible and operationally sound tentative agreement was
reached, which formed the basis for the City Attorney's proposed Agreement Between the
City of Huntington Beach and Emergency One, Inc. for Repair and Rebuild of Four
Saulsbury Fire Engines (Attachment 2). This Agreement provides new cabs, chassis,
pumps, cooling systems, and all support equipment for the Saulsbury fire engines. The
repair/rebuild proposal would reuse the engines, transmissions, and bodies from our existing
apparatus. From an operational standpoint, the rebuild would be acceptable and, in effect,
provides new apparatus to the City. The rebuilt fire engines would be titled as new units and
would have new warranties. Further, similar units, used by other jurisdictions, have been
fully field-tested and perform perfectly. This agreement also contains a prevailing party
attorney's fees provision, which is not the City's standard "each party pays their own"
language. The reason for this change is that it is more likely that the City, not E-One, will be
the party who may be required to enforce this Agreement through litigation and, therefore,
would take advantage of the prevailing party attorney's fees provision. In addition, E-One
maintains self -insured retentions on their liability policies which are unacceptable under City
Resolution 9720. Rather than request a waiver of the City's insurance requirements
regarding deductibles and self -insured retentions, E-One is submitting a surety bond to
protect the City's interest as if there was no self -insured retention. The Certificates of
Insurance and surety bond are not attached as they were not approved at the time of
submittal of this Request for Council Action.
FD00 012 Agreement Saulsbury Eng Repair FNL.doc -2- 09/11100 1:18 PM
AUEST FOR COUNCIL ACTIR
MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: FD 00-012
Analysis: (continued)
Staff is requesting authorization to expend a maximum of $304,530 (equivalent to $76,133
per engine) from the Unappropriated Fund Balance of the Equipment Replacement Fund to
repair/rebuild the four existing Saulsbury fire apparatus. The City Council initially authorized
$300,000 to repair/rebuild the four Saulsbury fire engines. However, during negotiations with
E-One, value added work increased this amount to $304,530, which includes necessary seat
cushion re -upholstery on the 1996 apparatus and painting of all four fire engine bodies. The
total dollar amount to be paid by the City minimally reflects the fire engines' depreciated
value based on the years of City use. Using a 20-year accelerated depreciation calculation
the apparatus have depreciated $351,677 in value. In addition, staffs recommendation is
based on the following:
• The current fire pumps' lack of reliability prevents the fire engines' use without
endangering the safety of the public and/or Fire Department personnel.
• The recommended action would restore all four fire engines to service and provide
standardized equipment for the Fire Department.
• Mitigation costs for replacement of the apparatus would be high, as well as time
consuming.
• Emergency One has been cooperative in working with City staff to correct these
problems. They have accepted responsibility for these issues and remain
accountable for a satisfactory resolution.
• The rebuilt fire apparatus would be operationally compatible with any future City fire
engine purchases.
= The fire apparatus replacement proposal offers the quickest timeline for returning
fully functional fire apparatus to the City.
Environmental Status: Not applicable.
Attachment(s):
1 Fiscal Impact Statement
2 Agreement Between the City and Emergency One, Inc. for Repair and
Rebuild of Four Saulsbury Fire Engines
RCA Author: DolderlReynolds/Justen
FD00 012 Agreement Saulsbufy Eng Repair FNL.doe -3- 09111100 2:32 PM
ATTACHMENT 1
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-61 Authorize Agreement with Emergency One, Inc
for Repair and Rebuild of Four Saulsbury Fire Engines and
Expenditure from the Unappropriated Fund Balance of the Equipment
Replacement Fund Balance
Date: September 6, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Authorize Agreement with Emergency One, Inc
for Repair and Rebuild of Four Saulsbury Fire Engines and
Expenditure from the Unappropriated Fund Balance of the Equipment
Replacement Fund Balance".
If the City Council approves this request (total appropriation
$304,530), the estimated working capital of the Equipment
Replacement Fund at September 30, 2000 will be reduced to
$2, 520, 000.
/////Z
Jdhn Reekstin,
Director of Administrative Services
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ATTACHMENT 2
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AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EMERGENCY ONTE, INC. FOR
REPAIR AND REBUILD OF FOUR SAULSBURY FIRE ENGINES
THIS AGREEMENT (the "Agreement") is made and entered into this 18th day of
September 2000, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
EMERGENCY ONE, INC., a Delaware corporation, hereinafter referred to as "E-One."
WHEREAS, CITY purchased four fire engines from Saulsbury Fire Rescue, Inc., two in
1996 and two in 1998, which have been taken out of service due to, among other things,
pumping and pressurization problems; and
Subsequently Federal Signal Corporation purchased Saulsbury Fire Rescue, Inc., and
assumed all of its repair operations respecting CITY's four fire engines; and
E-One is a subsidiary of Federal Signal Corporation and also a fire apparatus
manufacturer; and
E-One has agreed to repair and rebuild CITY's four Saulsbury fire engines;
NOW, THEREFORE, CITY and E-One agree as follows:
E-ONE'S RESPONSIBILITIES
E-One shall repair and rebuild the following four Saulsbury fire engines, production
numbers 295104, 295235, 297063 and 297064, pursuant to the following specifications. The
four rebuilt fire engines will be considered new vehicles and will be issued new manufacturer
statements of origin.
A. Each completed fire engine shall not to exceed one hundred nine inches (109") in
height and thirty-one feet (31') in overall length.
B. E-One shall install a new Cyclone II cab and chassis frame assembly on each fire
engine.
C. E-One shall install a new roof mounted air conditioner unit on each fire engine.
D. E-One shall install radio antennas and power cables pursuant to CITY
specifications on each fire engine. CITY will supply the antennas, power cables
and specifications.
E. E-One shall remove and reinstall the Sigtronics headphone system in the new cabs
on each fire engine.
g'jmfr2000 Agreements/E-One Agmt i911 1 00 1:20 PM Page 1 of 1
F. E-One shall fabricate and install a map box in the new cabs on each fire engine,
which design must be agreed upon (inwriting) in advance by CITY.
G. E-One may re -use the existing seats. In addition, E-One shall re -upholster the
twelve seats on the two 1996 fire engines from red to gray (added value work).
H. E-One may re -use existing warning lights on each fire engine.
E-One may re -use many of the existing bolt -on items from the existing cabs on
each fire engine, wherever possible.
J. E-One may re -use the existing engine and transmission, which includes transfer or
installation of a new pre -filter spark arrestor, on each new fire engine.
K. E-One may re -use the existing rear axle assembly on each fire engine.
L. E-One shall install an air ride suspension on the two 1996 fire engines (added
value work).
M. E-One may re -use the existing rear body module on each fire engine.
N. E-One shall install bottle tube holders in place of existing crosslays through the
rear body module (two on each side) on each fire engine.
O. E-One shall remove the existing pump panel controls from the left rear
compartment No. 3 to create usable storage on each fire engine.
P. E-One shall fabricate and install a new pump module ahead of the rear body
module with three crosslays on each fire engine.
Q. E-One shall install a new aluminum cover for the crosslays'on each fire engine.
R. Pursuant to Exhibit "A", which is incorporated herein by this reference, E-One
shall re -locate the pump panel controls to the mid -ship of each fire engine. The
relocated pump panel on each fire engine must be forty-six inches (46") wide,
designed according to CITY's engineering layout and subject to CITY's written
approval of its final design.
S. E-One shall install a new Hale Q Max 1500 GPM pump with a new Hale relief
valve system on each fire engine.
T. E-one shall install a new Hale MIV electric relief and intake system, one right and
one left, on each fire engine.
g 'jmf:'2000 Agreements'E-One Agmt -9"11w0011:20 Phi Page 2 of 2
U. E-One shall install a new Foam Pro 2001 system on the two 1996 fire engines
with integral fifty (50) gallon foam cells (added value work).
V. The mid -ship pump panel controls on each fire engine shall be operated as
follows, designed according to CITY's engineering layout and subject to CITY's
-,written approval of its final design.
i) Electric valves: Tar&fill.
Tank to pump valve.
Booster line valve.
Front suction valve.
Deck gun valve.
Four -inch discharge valve.
ii) Push-pull valves: Three discharges on pump panel.
Two on left side pump panel.
One on the rear discharge.
One on the front jump line.
Left and right auxiliary suctions to be maintained.
W. E-One shall return the Vision Mark panel and unused electric valves on each fire
engine to the CITY's Fire Department, at E-One's sole cost and expense.
X. E-One shall disassemble and repaint the rear body modules on each fire engine
(added value work).
Y. E-One shall re -letter and stripe each of the fire engines per CITY's specifications.
Z. E-One shall provide and pay for all transportation necessary to rebuild and
transport the four fire engines to E-One's Ocala, Florida facility and back to CITY
via E-One's driveway service.
2. E-ONE'S ADDED VALUE WORK
The following items are considered added value work by CITY and their cost shall be
added to the cost of the items in Section 1 above.
A. E-One shall paint the existing four bodies of the fire engines to CITY's
specifications. The cost per fire engine is three thousand four hundred seventy-
five dollars ($3,475.00), for a total cost of thirteen thousand nine hundred dollars
($13,900.00).
B. E-One shall re -upholster the twelve seats in the two 1996 fire engines from red to
gray. The cost per fire engine is four hundred fifty dollars (S450.00), for a total
cost of nine hundred dollars (S900.00).
g:/jmf/2000 Agreements/&One Agmt /9/11r0011:20 PM Page 3 of 3
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C. E-One shall install Foam Pro 2001 Systems and air ride suspension systems in the
two 1996 fire engines. The cost per fire engine is nineteen thousand eight
hundred sixty-five dollars ($19,865.00), for a total cost of thirty-nine thousand
seven hundred thirty dollars ($39,730.00).
D. The total cost for this added value work is fifty-four thousand five hundred thirty
dollars ($54,530.00).
3. WA.RRANTIES PROVIDED BY E-ONE
E-One, or its successors, if applicable, shall provide the following warranties on each of
the four fire engines to CITY:
A. Water Tanks: Lifetime.
B. Hale Pumps: Two years; from the date of CITY's written
acceptance of each fire engine.
C. Frames: Lifetime.
D. Engines: Remainder of the original five-year warranty
period plus one additional year, from the expiration
of the original warranty period.
E. Transmissions: Remainder of the original five-year warranty
period plus one additional year, from the expiration
of the original warranty period.
F. Stainless Steel Plumbing: Ten years, from the date of CITY's written
acceptance of each fire engine.
G. Paint: Ten years, from the date of CITY's written
acceptance of each fire engine.
H. Cab: Twenty-year structural plan, from the date of
CITY's written acceptance of each fire engine.
I. Stainless Steel Body: Fifteen years, from the date of CITY's written
acceptance of each fire engine.
If any problems or defects should occur during any applicable warranty period, E-One
shall repair the item under warranty at its sole cost and expense, which shall include, but not be
limited to, the cost of materials, labor, shipping and transport expenses, taxes and other
incidental charges.
g:/jmf/2000 Agreements/E-One Agmt /9/1 I/00 /110 Ph1 Page 4 of 4
4. DELIVERY TIMELINE
Time is of the essence in competing the work described in Sections 1 and 2 above. E-
One proposes to work on two fire engines at a time. E-One shall begin work on the two 1998
fire engines first.and shall deliver the two 1998 fire engines to CITY within approximately one
hundred twenty (120) days after receipt of the fully -executed Agreement. E-One shall deliver
the two 1996 fire engines to CITY approximately one hundred twenty (120) days after the
delivery of the two 1998 fire engines to CITY. E-One shall make every effort to accelerate this
delivery schedule.
5. PAYMENT BY CITY
In consideration of the performance of the services described herein by E-One. CITY
agrees to pay two hundred fifty thousand dollars ($250,000.00) for the labor and materials
described in Section 1 above and fifty-four thousand five hundred thirty dollars ($54,530.00) for
the value added labor and materials described Section 2 above for a total payment to E-One of
three hundred four thousand five hundred thirty dollars ($304,530.00) pursuant to the following
payment schedule:
A. Ten percent (10%) or thirty thousand four hundred fifty-three dollars ($30,453.00)
within five business days of the execution of the Agreement by both parties.
B. One hundred thirty-one thousand nine hundred fifty dollars ($131,950.00) within
five business days of delivery and CITY's written acceptance of the two (2) 1998
fire engines to CITY, which acceptance shall not be unreasonably withheld.
C. The remaining one hundred forty-two thousand one hundred twenty-seven dollars
($142,127.00) within five business days of delivery and CITY's written
acceptance of the two 1996 fire engines to CITY, which acceptance shall not be
unreasonably withheld.
The three hundred four thousand five hundred thirty dollar ($304,530.00) price includes all
applicable taxes. CITY shall pay for all State of California vehicle tag and licensing fees on the
fire engines.
6. INSPECTIONS BY CITY
E-One shall pay for the entire cost of three individuals from CITY to fly to E-One's
facilities in Ocala, Florida to perform a final inspection of the two 1998 fire engines upon their
completion. In addition, E-One shall pay for the entire cost of two individuals from CITY to fly
to E-One's facilities in Ocala, Florida to perform a final inspection of the two 1996 fire engines
upon their completion. E-One shall pay for airline, ground transportation, food, lodging and all
other incidental costs incurred by CITY's personnel on these inspection trips. E-One's
obligations under Sections 1 and 2 are not discharged until the fire engines are delivered and
accepted in writing by CITY, which acceptance will not be unreasonably withheld.
g:/jm1.12000 Agreements/E-One Agmt /9/11/00 /1:20 PM Page 5 of 5
7. RELEASE BY CITY
CITY agrees to release E-One and its subsidiaries from any claims related to the four fire
engines, production numbers 295104, 295235, 297063 and 297064, which arose prior to the
execution of this Agreement.
RETURN OF LOANED FIRE ENGINES
CITY will return each of the three loaned fire engines to E-One upon E-One's delivery, to
CITY of the second, third and fourth rebuilt and repaired fire engines, and CITY's written
acceptance of them. In other words, CITY shall select and return only one of the loaned fire
engines to E-One when the two 1998 fire engines are delivered to and accepted by CITY. CITY
shall return the remaining two loaned fire engines to E-One when the two 1996 fire engines are
delivered to and accepted by CITY. E-One shall pay and be responsible for the transport of the
loaned fire engines back to E-One.
9. HOLD HARMLESS
E-One shall protect, defend, indemnify and save hold harmless CITY, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or in
connection with E-One's performance of this Agreement or its failure to comply with any of its
obligations contained in this Agreement by E-One, its officers, agents or employees except such
loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY
shall be reimbursed by E-One for all costs and attomey's fees incurred by CITY in enforcing this
obligation.
10. GENERAL LIABILITY INSURANCE
E-One shall obtain and furnish to CITY, a policy of general public liability insurance,
including motor vehicle coverage covering this Agreement. The policy shall indemnify E-One
and CITY, and each of their officials, officers, agents and employees, while acting within the
scope of their duties, against any and all claims arising out of or in connection with this
Agreement, and shall provide coverage in not less than the following amount: combined single
limit bodily injury and property damage, including products/completed operations liability and
blanket contractual liability, of one million dollars ($1,000,000.00) per occurrence. If coverage
is provided under a form that includes a designated general aggregate limit, the aggregate limit
must be no less than one million dollars ($1,000,000.00) for this Agreement. The policy shall
name CITY, its agents, its officers, employees and volunteers as Additional insureds, and shall
specifically provide that any other insurance coverage which may be applicable to this
Agreement shall be deemed excess coverage and that E-One's insurance shall be primary. Under
no circumstances shall the above -mentioned insurance contain a self -insured retention, or a
"deductible" or any other similar form of limitation on the required coverage.
g:/jmf/2000 Agreements/E-One Agmt /9/11/00 /1:20 PM Page 6 of 6
11. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, E-One shall furnish to CITY a
certificate of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; the certificates shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. promise that such policies shall not be suspended, voided or canceled by either
party, reduced in coverage or in limits except after thirty (30) days' prior written
notice; however, ten (10) days' prior written notice in the event of cancellation for
nonpayment of premium.
E-One shall maintain the foregoing insurance coverages in force until the work under this
Agreement is fully completed and accepted by CITY. The requirement for carrying the
foregoing insurance coverages shall not derogate from the provisions for indemnification of
CITY by E-One under the Agreement. CITY or its representative shall at all times have the right
to demand the original or a copy of all said policies of insurance. E-One shall pay, in a prompt
and timely manner, the premiums on all insurance hereinabove required.
12. EMPLOYMENT TAXES
E-One shall secure at its expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for E-One and its officers, agents and employees and all business licenses, if
any, in connection with the services to be performed hereunder.
13. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated, subcontracted or assigned by E-One to any other person or entity without the prior
express written consent of CITY. Provided, however, CITY expressly consents to the
subcontracting of the transportation of the four fire engines to and from CITY's and E-One's
Ocala, Florida facility by Universal Am -Cam, Ltd., provided that Universal Am -Cam, Ltd.
complies with all of CITY's insurance requirements set forth herein.
14. CITY EMPLOYEES AND OFFICIALS
E-One shall employ no CITY official nor any regular CITY employee in the work
performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code.
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15. :NOTICES
Any notice or special instructions required to be given in writing under this Agreement
shall be given either by personal delivery to E-One or to CITY as the situation shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, by registered mail, return receipt
requested, or by overnight mail, addressed as follows:
111041rd
Michael Dolder
Fire Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
16. MODIFICATION
TO E-ONE:
Wilson R. Jones
Vice President of Sales & Marketing
Emergency One, Inc.
P.O. Box 2710
Ocala, Florida 34478
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
17. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
18. INTERPRETATION' OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of
this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,
void, illegal or invalid, such holding shall not affect the remaining covenants and provisions of
this Agreement. No covenant or provision shall be deemed dependent upon any other unless so
expressly provided here. As used in this Agreement, the masculine or neuter gender and singular
or plural number shall be deemed to include the other whenever the context so indicates or
requires. Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein and
any present or future statute, law, ordinance or regulation contrary to which the parties have no
right to contract, then the latter shall prevail, and the provision of this Agreement which is
hereby affected shall be curtailed and limited only to the extent necessary to bring it within the
requirements of the law. The validity, construction and performance of this Agreement shall be
governed by the laws of the State of California. All disputes arising under this Agreement shall
be brought only in a court of competent jurisdiction located in Orange County, California, and
the parties irrevocably consent to venue in such location.
gljmfl2000 Agreements/E-One Agmt 19111/00 /1:20 PM Page 8 of 8
19. ATTORNEYS' FEES
In any action (with or without) litigation between or among any of the parties hereto
seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party
in such action shall be entitled to have and to recover from the other party its actual attorneys'
fees, expert witness fees, statutory costs, court costs and other expenses in connection with such
action or proceedings, whether such action is resolved by judgment, settlement. dismissal, or
otherwise.
20. REMEDIES CUMULATIVE
The remedies given to CITY in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now or hereafter allowed by law.
21. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
termination of this Agreement, shall so survive.
22. ENTIRETY
The foregoing contains the entire agreement between the parties respecting the subject
matter of this Agreement and supercedes all prior understanding and agreements between the
parties, whether oral or in writing regarding the subject matter herein.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by and through their authorized offices the day, month and year
first above written.
EMERGENCY ON , INC., CITY OF HUNTINGTON BEACH, a
a Delawar 'corpo tion municipal corporation of the State of
/ California
0
l_ O N E b Mayor
print name
ITS- (aim one) Chairman/Presiden ice ATTEST:
President
AN
By:
/ j "
priht hAme
ITS: circle one ecretary Fihief
nancial Officer sst. Secre ry Treasurer
REVIEWED REVIEWED AND APPROVED,
City Administrator
City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Fire Chief
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by and through their authorized offices the day, month and year
first above written.
EMERGENCY ON , INC.,
a Dela ar rpo tlon
By:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
print name -
IT circle one) Chairman/Presiden is ATTEST: -
President _ • �j
AN City Clerk �I _ 2S-
By: APPROVED AS TO FORM:
—priht hime
S: circle one Secretary hief �(;. q-d A� City Attorney jil
Financial Offlcer Asst. Secre ary -- J
Treasurer INITIATED AND APPROVED: fit
A�--'Os 41 -O:D
REVIEWED AND APPROVED: Fire Chief
•� - GG�-"mot
�_ City Ad in;strator ...__
EXHIBIT A
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AKRON APOLLO
WITH 7FT PARTIROFIS TO HAVE 4S ANGLE AT REAREXTEND-A-GUN MAT! HAND HOLE WT-OE1T AT 45'
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CODE 3 ARROWSITCK RECESSED ..
46' WIDE x 4'DHIGH x 4' DEFA
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OPTI-SCENE UGHT�9-
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TWO WELOON
Tr
24• 02035 UNDER SiE'P
121' CA
�� FENDSRETTE
E!2'
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CAPTIVE RIaLLERS
AROUND COHP7.
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HANNAY MODEL 1ESHE F32.23-24 BOOSTER REEL AU REAR
MUST
RECESSED WITH 175' OF 1 BOOSTER HOSE
rrn - — - flQ — It ; nl DATE (MMIDDNY)
ACORD V:�5CERTIIFI C' '/� 4F LIABILITY 4 Lj _4
09/1812000
PRODUCER Serial # 600141 THIS CERTIFICATE I SUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
AON RISK SERVICES, INC. OF ILLINOIS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
123 N. WACKER DRIVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CHICAGO, IL 60606 COMPANIES AFFORDING COVERAGE
ATTN: JEAN BELKE (312) 7014133
D151A AON RISK INSURANCE SERVICES OF ILLINOIS. CA LICENSE NO. 0015023 COMPANY
NATIONAL UNION FIRE INSURANCE COMPANY
A
INSURED COMPANY
av� INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
B
EMERGENCY ONE, INC.
1601 S.W. 37TH AVENUE 60). )0 COMPANY
OCALA, FL 34474 C
COMPANY
D
N
THIS TOF�R�IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
CID TYPE OF INSURANCE POLICY NUMBER DATE (MWOONY) DATE (MWDONY) LIMITS
LTR i I
A GENERAL LIABILITY RMGL 6123079 11/0111999 11/01/2000
1 GENERAL AGGREGATE IS 1,000,000
j PRODUCTS - COMPIOP AGG jS 1,000,000
X COMMERCIAL GENERAL LIABILITY
'CLAIMS MADE FX OCCUR I I
PERSONAL & ADV INJURY IS 1,000,000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE Is 1,000,000
FIRE DAMAGE (Any one fire) I S 1,000,000
• MED EXP (Any one person) is 10,000
A AUTOMOBILE LIABILITY -RMCA 5347419 (AOS) 11101/1999 11/0112000 COMBINED SINGLE LIMIT S 1,000,000
ANY AUTO I
ALL OWNED AUTOS RMCA 5347420 (TX) BODILY INJURY Is
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON -OWNED AUTOS {Per accident)
L-1
is
PROPERTY DAMAGE
I
A I GARAGE LIABILITY IRMCA 5347418 11/1/1999 111112000 1 AUTO ONLY - EA ACCIDENT is 1,000,000
Fj'. ANY AUTO APP50'i-i"D A.S �rlu FOR)d:i OTHER THAN AUTO ONLY:
I GAIT- EACH ACCIDENT S 1,000,000
TT
CTTf AGGREGATE j 5 1,000,000
EXCESS LIABILITY I - EACH OCCURRENCE I $
.1 yl
UMBRELLA FORM
P_ ty c ty Attorney, AGGREGATE $
OTHER THAN UMBRELLA FORM Is
AND X IC ITATU-
B I WORKER'S COMPENSATION RMWC 3475074 (AOS) 11/0111999 11/01/2000 TORY LIMITS ER
EMPLOYERS' LIABILITY RMWC 3475075 (CA) EL EACH ACCIDENT IS 500,000
THE PROPRIETOR! RMWC 3475076 (AZ, MD. VA)
INCL EL DISEASE - POLICY LIMITLIMIT�s 50 0,000
1
PARTNERS,'EXECUTIVE RMWC 3475077 (WI)
-
OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE S 500,000
OTHER
A SELF INSURED RETENTION OF 1,000,000 APPLIES TO GENERAL LIABILITY AND $ 600,000 TO AUTOMOBILE LIABILITY, GARAGE LIABILITY
PORKERS COMPENSATION AND EMPLOYERS LIABILITY
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS
AS RESPECTS REPAIR AND REBUILDING OF FOUR SAULSBURY FIRE ENGINES AS APPROVED BY THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH, CA ON SEPTEMBER 18,2000
JCERTIFICATE HOLDER4 K �
g NCEL' W. w '1 ", a.- =, f I
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KKXVAVOWJM MAIL
ATTN: RISK MANAGEMENT DIVISION _30_ DAYS WRITTEN NanCETO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 MAIN STREET XKKXYJVXKK"D= ry
HUNTINGTON BEACH, CA 92648 XtXAtX*=
AUTHO ED REPRESENTATIVE OF AON RISK SERVICES, INC. OF IL
r
WLWACORDPORRORATIONL 966r
Ll'%FMPROI%10224264FEDERALSIGNAL9900 25S.FP5
0 `PO LICY NUMBER: RM GL 612
CO, 0RCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below. `%-V
SCHEDULE u! 1 a'�l ` Lt
Nk 6M God, 110
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, CA, ITS AGENTS, OFFICERS AND EMPLOYEES
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
CG 20 1010 93 Copyright, Insurance Services office, Inc., 1992 Page 1 of 1
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W
r "" ',SURA!vCE COMPANY OF AMERICA NSURANCE COMPANY OF AMERICA
V FIRS- ="ONAL INSURANCE COMPANY OF AMERICA
SAFECU HO"'= = CE: SAFECO PLAZA
Bond 6042984
KNOW ALL BY THESE PRESENTS. That we, EMERGENCY ONE, INC
as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation o__=ed under the Iaws of the State of
Washington, and authorized to transact the business of surety in the State of +,',•'.ASHINGTON'
as Surety, are held and firmly bound unto THE CITY OF HUNTIti-TON BEACH, CALIFORNIA
in the just and full sum
of Two Million and 00/'i00 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 2,000,000.00 ),
for which sum, well and truly to be paid, we bind ourselves, our heirs, exectaors, adrninistra_c successors and assigns, jointly and
severally, firmly by these presents.
Sealed with our seals, and dated this 18TH day of September _ _ , 2000
THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the condition of tNs _•bliaation is such, that, whereas,
during the entire term of the required coverages under any of the policies required by the =-5reement between the City of
Huntington Beach and Emergencv One. Inc. for the repair and rebuild of fcu7 Saulsbury =:-e Enpines as approved by the Cit
Council of the City of Huntington Beach on September 18, 2000, Emerge-c,/ One, Inc. s`Eil undertake all obligations
fincludina.without limitation defense and indemnitv obligations) to Citv wKch the aoolicat-'_ !nsurance Carriers would be
responsible to City as if the self-insurance retentions and/or deductibles under those po"ces never existed
NOW, THEREFORE, If the said Principal shall pay the full amount of all sums which beco:'= due for any self -insured
retentions and or deductibles under the terms of the agreement
then this obligation to be void; otherwise, to remain in full force and effect.
?" TO FORMa
T,.. ty At
EMERGENCY ON=- INC (Seal)
Principal
AFFOLTE fly'. off . P .
w�a!ra+rr� tht!reN•n
(Seal)
Principal
SAFECO INSUb C—= COMPANY OF AMERICA
By V, -
J N . BELKE Attorney -in -Fact
S-1227/SAEF 2198
D Registered trademark of SAFECO Corporation.
SAFECOO
POWER 0G.AFECO INSURANCE COMPANY OF AMERICA
ENERAL NCE
OF ATTORNEY HOME OFFICE: SAFECO PLAZA COMPANY OF AMERICA
SEATTLE, WASHINGTON 98185
No. 10179
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint l ♦ki tf+if #+f if## f.f+++++#f1#ff+#f #1 i+tt+if#fELEI+L t. CYRUS; JEAtr K. BELKE DAMES L. STONE; Chicago, III[nOlS##f#f f#f ii#++t+#f ff+f+f►i#+.+ffi+il++#i+i++#f+f
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 9th day of June
1 1999
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extractfrom the By-Lawsof SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any band or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation
this I STH day of . SEPTEMBER , 2000
SEAL SEAL
Z
.ref 1963 ls2%
`eof yy�y�� R.A. PIERSON, SECRETARY
S-09741SAEF 7198 49 Registered trademark of SAFECO Corporation.
819199 PDF
SAFECO
STATE OF Illinois
County of Cook
ACKNOWLEDGMENT BY SURETY
I ss.
CO INSURANCE COMPANY OF AMERICA
RAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
On this 18th day of September , 2000 , before me personally
appeared JEAN K. BELKE , known to me to be the Attorney -in -Pact of
SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSL:RANCE COMPANY OF AMERICA, FIRST
NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY, the corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,
the day and year in this certificate first above written.
•a1�1e��aee�va�asa4sa�ev�v.`
"OFFICIAL SEAL"
ELENA M • CYRUS
Notary Public. State of Illinois 44
(Seal) My Commission Expires 4l31J103 i
•�e���+eee�o•eeee�e.�e���o�•
Notar 4 Public in the
Countv of COOK
of
® Registered trademark of SAFECO Corporation.
S-2301EP 5191 PRINTED IN U.S.A.
III
CITY OF HUNTINGTON BEACH
Inter -Department Communication
To: CONNIE BROCKWAY, City Clerk
From: GAIL HUTTON, City Attorney
Date: September 11, 2000
Subject: AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
EMERGENCY, INC. FOR REPAIR AND REBUILD OF FOUR SAULSBURY
FIRE ENGINES
I have initialed the above -referenced agreement with Emergency One, Inc. I am not able to sign the
agreement until my office receives and approves the required insurance certificates and bond. Please,
however, put the agreement on the agenda for the upcoming City Council meeting on Monday,
September 18, 2000.
GAIL Ff TTON
City Attorney
Attachment: Agreement Between the City of Huntington Beach and Emergency One, Inc.
for Repair and Rebuild of Four Saulsbury Fire Engines
RCA ROUTING SHEET
INITIATING DEPARTMENT:
FIRE
SUBJECT:
Authorize Agreement with Emergency One, Inc. for Repair
and Rebuild of Four Saulsbury Fire Engines and
Expenditure from the Unappropriated Fund Balance of the
Equipment Replacement Fund
COUNCIL MEETING DATE:
September 18, 2000
RCA ATTACHMENTS','
STATUS �.� ��
�:.�.�,
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Attached (Explain)
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
-EXPLANATION FOR MISSING ATTACHMENTS ;.
Certificate of Insurance not available at this time-, but will be obtained prior to execution of
agreement and with approval of the City Attorney. 'IV
REVIEWED''-. =.
RETURNED: ° `
FORWARDED:
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
( )
( )
City Clerk
( )
EXPLANATION. FOR RETURN_O.F.ITEM. °.