2016-283-E Emergency Svc - FESCO Emergency Sales for the purchase of new ambulance

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DocuSign Envelope ID: F4D38498-6182-495F-9F57-49F44D76229A b. Offeror is encouraged to include options for non-equipment items that may be applicable to a sale, such as: Extended Warranties, Maintenance Agreements, Buy-back or Trade-In Agreements, Out-of-state Delivery Charges,Quantity or Special Discounts,Extended Training Classes,etc. Published&Unpublished Options a. H-GAC Cooperative Purchasing Program(Program) contracts are awarded through a public competitive bid or proposal(RFP)process. Further to that process, Program policy considers an 'option' listed and priced in a bid or RFP Response: (1) To be a "Published Option"; (2) To be part of any awarded contract; and (3) To be available for purchase by Program members separately and independently from associated base line items. However, since Published Options may have not been subjected to the same scrutiny as the associated base line items, it cannot be concluded they were directly competed. Therefore, pursuant to Local Government Code 252.021(a), purchase of a published option costing more than $50,000 shall not be allowed. Furthermore, H-GAC reserves the right at its sole discretion to disallow purchase of any Published Option through the Program if deemed contrary to the intent of the law. b. Any option that has not been listed and priced in the Response is considered to be an "Unpublished Option". Unpublished Options may be sold,but only in connection with the sale of a base Product Item, and only insofar as the total cost of all Unpublished Options remains below twenty five percent (25%) of the total summed cost of the base Product(s)plus any Published Options. c. No Published or Unpublished Option may be sold which essentially converts a Product such that it competes with a Product Item awarded to another contractor. 21. WARRANTIES,SALES&SERVICE Unless otherwise addressed in Section B,the following requirements shall apply: a. Offeror must be a properly franchised dealer authorized to sell and service, including warranty service, all products offered and sold in response to the bid invitation or under any H-GAC contract. b. Offeror shall provide detailed Parts and Labor Warranty information with the Response. If Offeror submits a warranty with the Response which does not meet the minimum requirements herein, Offeror agrees by submission of a Response that such warranty shall be considered to be amended to meet those minimums. c. Warranties shall be manufacturer's standard and shall be inclusive of any other warranty requirements which may be stipulated elsewhere herein. d. Any warranties offered by a dealer shall be in addition to the manufacturer's standard warranty, and shall not be a substitute for such. Offeror's base price for any Product shall be inclusive of the standard warranty. e. Complete warranty information will be supplied to End User with each Product sold. a. Warranties need not apply to normal maintenance service or adjustments,or to any product reasonably shown to have been repaired or altered in any way so as to affect its stability,or to any product which has been subject to misuse,negligence,or accident. f. Offeror/Contractor is encouraged to offer extended warranties as an option. g. Neither H-GAC nor End User assume any warranty or liability on Contractor's behalf unless made or assumed in writing,initiated by Contractor,and agreed to in writing by H-GAC or the End User respectively. h. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the sole source for solution to problems arising from warranty claims. Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. 22. H-GAC ORDER PROCESSING CHARGE H-GAC will levy an Order Processing Charge on Contractor for each sale done thru the H-GAC contract,with the exception of orders for motor vehicles. Any bid pricing submitted will be considered to include the Charge. The amount of the applicable charge shall be per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge shall be levied on and paid by the End User. 23. PRE-PAYMENTS AND DISCOUNTS a. Progress, pre-payment and special discounts of any kind may be offered and detailed in the Response. Such discounts shall be clearly explained, but shall not be a determining factor in awarding contracts except in the case of tie offerings. b. Quantity discounts applicable to similar Products sold to one or more End User Departments may be offered. Determination as to product similarity shall rest solely with Contractor. c. For specific purchases, any proposed quantity, pre-payment or special discounts shall be clearly shown on the Contract Pricing Worksheet. Revised: 12/03/09 Page 10 of 19