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Request for Bid – Pricing and Terms City of Indianapolis/Marion County Request Bid ID

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Buyer

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RFB-16DPS-199 6/24/2013 Eric Swedberg 317-327-3940 Bid Due Date and Time (EST) Mail To: City County Purchasing Division 200 E. Washington Street Room 1522 7/11/2013 @ 10:00 A.M. Indianapolis, IN 46204 This Request for Bid seeks to establish a Two (2) Year Term Agreement for Firefighter Gear and Accessories for the Indianapolis Fire Department. Bids will be in accordance with attached specifications. Bid documents must be submitted in a sealed envelope. (Note: Larger document packages may be submitted in a suitable sealed box.) A bid checklist has been included on the last page for your convenience. This page contains important reminders for submission, including instructions for labeling the package / box. Bids must be received by the Purchasing Division and time stamped by the stated deadline. The City will not make any exceptions due to failure or delay of the U.S. Postal service or any other delivery service or method. Vendors are strongly encouraged to take any steps necessary to ensure that a bid is received on time. Failure to submit the following will render the submitted bid non-responsive: a. Fully completed and signed Bid Form b. Affidavit of Non-collusion signed and notarized c. Completed Technical Specifications, pages 5-20. d. Completed and signed MBE/WBE/VBE Participation Plan or Application for Waiver (pages 38 through 40.) e. Completed Price Sheets, pages 41-43. f. Completed Extended Price Sheet, page 44. g. Exception Sheet with full explanations and descriptions, page 45. Bid opening is at 10:00 A.M. (EST) in room 260, City County Building (see Bid due date and address above). Bids are to be delivered to room 1522 City/County Building by 9:30 a.m. EST) on or before the above due date. From 9:31 until 10:00 a.m. (EST), Bids will be accepted in room 260 of the City/County Building. All shipping/delivery charges are to be included in the unit cost. All questions concerning this Request for Bid must be in written form and received no later than Tuesday, July 2, 2013 at 12:00 noon (EST) preferably by e-mail to Eric Swedberg at [email protected] or faxed to (317) 327–4493. The City will not consider any Bid received after the official deadline. Bid Form

U.S. Manufactured Products Preference Certification This is to certify that under penalties of perjury, that each of the Bidder(s)/Bidr(s) and products, except those listed below, are a United States of America manufactured product as stated in Indiana Code 5-2215-21. A product is manufactured in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds fifty percent (50%) of the cost of all its components. (In determining if a product is manufactured in the United States, only the product and its components shall be considered.) Please check on of the following: Please check one of the following U.S. Manufactured product preference applies U.S. Manufactured product preference “does not” apply to the following products: Product(s)

Country of Origin

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Bid Form

By signing on this signature line, I am acknowledging that I have read, reviewed, understand and attest to all of the information included in this bid response including but not limited to pricing sheet, exception sheet and the extension of price. The undersigned agrees to furnish the goods and/or services (public work construction included) set forth in this document at the pricing and terms provided herein and conveys that he/she is fully empowered to execute and deliver this document on behalf of the company and that, if accepted by the City/County, this document shall represent a lawful and binding obligation of the company.

Firm Name ______________________________________________________________________

Address ________________________________________________________________________

___________________________________________ ____________ ____________ _________ (City)

(State)

(Zip Code)

(Country)

Phone Number (______) ___________________ Fax Number (_______) ____________________ Area Code

Area Code

E-mail Address ___________________________________________________________________

Web Address (URL if any) __________________________________________________________

Name of Authorized Representative (Printed) ___________________________________________

Signature of Authorized Representative ________________________________________________

Pricing shall remain firm through ______________________________ ____________ ___________ (Month)

(Day)

(Year)

Payment terms ____________________________________________________________________

Delivery date ______________________________ ____________ ___________ (Month)

Bid Form

(Day)

(Year)

City of Indianapolis and Marion County Instructions to Bidders Immediate Cause for Rejection of Bids A. Failure to comply with all instructions or to sign all necessary forms including the Request for Bid (RFB) form. B. Failure to submit a bid surety completely and correctly executed at the time of bid submission in the correct amount (if required). C. Failure to correctly and completely execute the non-collusion affidavit (if required). D. Failure to comply with any other mandatory bid requirements. Bonding Requirements A. Bidders may be required to provide with a bid, at time of submission, a bid surety in either a flat dollar amount or percentage of bid, as specified. Acceptable forms of bid surety are as follows: 1. Bid Bond secured from a bona fide bid surety firm. 2. A Certified Check (or equivalent) if issued by a financial institution insured by an agency of the United States. 3. Other Forms of Bid Surety as specified in a particular bid. All forms of Bid Surety should be made payable to the City of Indianapolis/Marion County. No cash or personal checks accepted. All bid surety will be held until formal award is made by the appropriate governing body and until successful contractor complies with all terms of the award. B. Successful bidder may be requested to provide a Performance Bond/Payment Bond in either a flat dollar amount or a percentage of the bid as specified, made payable to the City of Indianapolis/Marion County, within ten days after receipt of award letter. Other forms of performance guarantee may be acceptable as specified in a particular bid. General Conditions / Contractual Clauses A. The City of Indianapolis and Marion County are exempt from Local, State and Federal Taxes and will not be responsible for any taxes levied on contractor as a result of a bid award. B. All terms contained in this document will become part of the contract between successful bidder and the City of Indianapolis/Marion County. C. This contract may be renewed under the same terms and conditions subject to the approval in compliance with IC 5-22-17-4. The term of the renewed contract may not be longer than the term of the original contract. Any provision for automatic renewal is void. D. The City of Indianapolis/Marion County reserve the right to reject any and all bids and to waive any of the terms and conditions and provisions contained in the Invitation to Bid (RFB) or other documents, or any informality, irregularity or omission in any bid, and to award to one or more bidders. E. Manufacturer and/or model number of equipment being bid must be stated. It is the contractor’s responsibility to show proof that goods being offered are of equal quality to those that were specified. Any exceptions to the specifications must be clearly set forth in the contractor’s bid. F. If not bidding a delivered price to point of destination, shipping price must be listed as a separate price on the RFB form. G. Upon delivery and/or inspection of ordered goods or upon performance of services, should the ordering agency determine that goods/services do not meet specifications; same will not be accepted and will be returned at the contractor’s expense. Instruction to Bidders

H. I. J.

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Formal contracts and/or proof of insurability may be required on applicable bids. The City of Indianapolis /Marion County reserves the right to deny payment to contractors ordering or delivering goods/services without benefit of a verbal or written purchase order number. The apparent low bidder must submit or have on file form CC-09 which may be obtained from the DMWBD office. Failure to do so may cause your bid to be rejected. Information pertaining to the DMWBD Program and/or questions should be directed to the Department of Minority and Women Business Development office located in the City/County Building, 200 East Washington Street Indianapolis, IN 46204 Telephone (317) 327-5262. The Contractor agrees to indemnify and hold harmless Marion County Indiana, City of Indianapolis, its officials, agents, officers, and employees for any and all claims, actions, causes of action, judgments, and liens arising out of any negligent act of omission by the Contractor or any of its officers, agents, employees, or subcontractors or any defect in materials or workmanship or any supply, material or mechanism or other product which it or any of its officers, agents, employees, or subcontractors has supplied to the City/County or has used in connection with this agreement. Such indemnity shall include attorney’s fees, costs and other expenses arising therefrom or incurred in connection therewith and shall not be limited by reason of the enumeration of any insurance coverage required herein. Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement by the City/County are at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise, then the City/County shall have the right to terminate this agreement without penalty by giving prior written notice documenting the lack of funds, in which instance, unless otherwise agreed to by the parties, this Agreement shall terminate and become null and void on the last day of the fiscal period for which appropriations were received. The City/County agrees that it will make its best effort to obtain sufficient funds, including but not limited to including in its budget for each fiscal period during the term hereof a request for sufficient funds to meet its obligations hereunder in full. This contract may be terminated by either party at the City’s option, upon 30 days written notice, unless otherwise specified. No portion of this Agreement shall be sublet, assigned or otherwise disposed of by the Contractor except with the written consent of the City/County being first obtained. Consent to sublet, assign or otherwise disposed of any portion of this Agreement shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the Agreement. Unless otherwise specified within the Agreement, this Agreement shall be governed by the laws of the State of Indiana, and by all Municipal Ordinances and codes of the Consolidated City of Indianapolis, as the same shall be in full force and effect upon the date of this Agreement is executed. This Agreement represents the entire and integrated Agreement between the City/County and the Contractor and supersedes all prior negotiations, representations, and/or contracts, either written or oral. This Agreement may be amended only by written instrument signed by both City/County and Contractor and attached hereto as an addendum.

Rev. 07/2/2012

Instruction to Bidders

Affidavit of Non-Collusion THE UNDERSIGNED, HAVING BID FOR ___________________________________________ in accordance with notice given by the Purchasing Division and the City of Indianapolis and/or Marion County for such supplies, merchandise, service or contract for and in behalf of himself, or themselves, being first duly sworn says: That said bidder has not directly or indirectly entered into any combination, collusion, undertaking or agreement relative to the price to be bid by any person, or to prevent any bidder, or bidders, from bidding, or to induce any bidder, or bidders, to refrain from bidding for such supplies, merchandise, service or contract, and that said bid so made is without reference or regard to any other bid, or bids, and without agreement, understanding or combination, either directly or indirectly, with any person or persons, with reference to such bidding in any way or manner whatsoever. Signed) ____________________________________

STATE OF

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COUNTY OF __________ Subscribed and sworn to before me this _____________ day of _____________________________ My commission expires_____________________________

_____________________________ Notary Public

Dated at _____________________________ __________ City

State

(Seal)

____________________ Date

FAILURE TO PROPERLY NOTARIZE AND RETURN THIS FORM WILL INVALIDATE YOUR BID REV -

Affidavit of Non-Collusion

form 4-1028

City of Indianapolis Invitation to Bid for Firefighter Gear and Accessories for the Indianapolis Fire Department The following terms will be included in the resulting agreement between the successful vendor and the City of Indianapolis / Marion County herein referred to as “City.” Please read carefully. Questions pertaining to the technical specifications and bidding documents may be directed to Eric Swedberg, Purchasing Division, in writing either by e-mail to [email protected] or fax (317) 327-4493 by the deadline listed above. 1. General 1.1. Vendors are invited to bid unit prices for Firefighter Gear / Accessories to be furnished and delivered to the Indianapolis Fire Department in Marion County, IN. 1.2. 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.indy.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 the written acknowledgement(s) with their bid. 2. Term Contract 2.1. This Invitation to Bid 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 and are based on past history or department survey. The City may purchase more or less than the amounts shown. All orders shall be on an “as needed” basis, subject to the availability of funding and budgetary considerations. 2.2. The term of the initial contract shall be two (2) years, effective from the date of award letter. 3. 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. Subject to Indiana Code 5-22-15-20.9, award of the Contract will be made to the lowest, responsive and responsible Bidder, where the Bid is reasonable and does not exceed the funds available for the project. 4. Renewal A 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. 5. 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.

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6. Literature Please submit official manufacturer’s literature regarding all items offered with the bid. 7. Bonds There will be no bid bonds or performance bonds required for this contract. 8. Specifications 8.1. 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. 8.2. The use of brand names, models, etc. serves to establish the design, performance and level of quality needed and not to restrict competition.(Items that are equal in design, performance and quality will be considered.) The right to evaluate specification compliance and equality is reserved to the City, and the vendor shall have the burden of proof to demonstrate that any proposed substitutes are equal. Vendor shall note the manufacturer/model # of any substitutes, or the reference brand(s) will be assumed. All exceptions to the specifications and terms shall be noted in detail on the attached Exception Sheet. 9. Delivery Unless otherwise agreed to by the requesting location, delivery shall be within fifteen (15) calendar days after receipt of a valid order. 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. Vendor may not be compensated or reimbursed for goods acquired or services provided prior to the issuance of a valid purchase order. All items shall be delivered to the Indianapolis Fire Department Quartermaster, 555 N. New Jersey, Indianapolis, Indiana, unless other instructions are provided at the time of order. 10. Freight Terms The City requests “delivered pricing” (FOB Destination, Freight Prepaid & Allowed) for this particular contract, and shipping charge should therefore be included in the vendor’s unit price. Additional charges including, but not limited to, fuel, delivery, residential, Bunker Adjustment Factor (BAF) surcharges will not be allowed. All items will be shipped and protected in transit per industry standards. 11. 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. 12. 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. 13. Catalog Discounts Please submit your standard catalog/list pricing, and indicate any percentage discounts off list price that will apply to the City. This pricing may be utilized for any additional items that may be required during the contract.

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14. Debarment and Suspension 14.1. Vendors should be aware that by entering into an agreement with the City, neither 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. 14.2. The awarded vendor shall not have their business name(s) or principal’s name(s) listed on the debarment web site at https://www.sam.gov/portal/public/SAM/. A check of this listing will be made by the City. The City of Indianapolis reserves the right to nullify the award of any bid, bid, or RFP based on this listing. It is recommended that vendors check the website listing prior to submitting documents. 15. Accessibility Individuals with disabilities or needing special assistance during site visits, scheduled conferences, openings or any other activities related to a bid, bid or request for proposal should contact the Purchasing Division at (317) 327- 4900 to make arrangements for such assistance. 16. 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. 17. Warranty Unless otherwise indicated in the specifications, the minimum warranty required by the City of Indianapolis will be the “manufacturer’s standard warranty” for the particular item. 18. Bid Expenses By submitting a response to this bid, 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 process, including but not limited to costs for preparation/submission of the bid, travel & per diem, attending interviews, providing presentations or product demonstrations. 19. Intent to Purchase Although this solicitation and resultant contract may state a specific model or version and an estimated number of items or units to be purchased, it is understood and agreed that the City may purchase additional products and/or services from the contractor including subsequent product releases or replacement products; provided that these additional items do not materially differ from the original product and represent the same manufacturer and essential functionality.

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20. Sample Service Agreement A Sample Agreement, which includes insurance requirements, is attached for review. This document contains the City’s standard terms but may not contain language specific to this purchase. Any proposed exceptions to this document should be included in detail on the Exception Sheet. 21. Monitoring For management purposes, City agencies or departments may report contract problems to the Purchasing Division by using the City Intranet “Contract Monitoring Report”. This program of quality control is to ensure that contractors successfully fulfill their contractual obligations with the City and maintain a positive contractor performance status. 22. E-Verify Program Pursuant to IC 22-5-1.7 all public contracts for services entered into or renewed after June 30, 2011 must contain E-Verify provisions. Any Contractor entering into a service agreement with the City or County shall submit an affidavit of compliance that provides vendor acknowledgment of and commitment to the E-Verify Program. A sample of the affidavit can be found at the end of the Sample Service Agreement. Additional information can be viewed on the Purchasing Division web site at www.indy.gov/purch/BiddingOpportunities. 23. Services or Goods Acquisition by the City 23.1. Pursuant to City/County ordinance, contracts not approved by the Office of Corporation Council and the City Controller are voidable. Contractor/Vendor shall not begin performing services, acquiring or delivering goods, prior to receipt of a fully executed contract, including the controller’s signature. 23.2. Contractor/Vendor must have a validly issued purchase order prior to beginning services, acquiring or delivering goods. Contractor/Vendor will not be compensated for services rendered or goods secured prior to the issuance, by the purchasing division, of a valid purchase order. (Revised Code §141-102) 24. Method of Payment Vendor must be willing to accept invoice payments via City/County check, City/County Purchasing Card (Master Card) or Automated Clearing House (ACH) at the City’s sole option and discretion. The City will not be responsible for any card fees or other bank charges incurred by the vendor. 25. Samples A sample of any item that is proposed by the vendor as being a City Approved Equal shall be required in its original, unopened container with the submission of the bid. The sample will be sent to the Indianapolis Fire Department Quartermaster, 555 N. New Jersey, Indianapolis IN 46204. The outside of the box or envelope shall be marked with the Vendor’s name, address, company representatives name and contact information and the bid ID number. Samples may be subject to testing or may be retained by the City of Indianapolis to serve as an example of the type or quality of item to be provided during the contract term. Samples will either be returned at the vendor’s expense or, if retained, paid for at the offered price.

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26. Technical Specifications Note: Specification descriptions may wrap to the next page. There shall be “no substitutions” to any technical specifications listed unless noted herein by “or City Approved Equal” text. Some specification description may continue to the next page.

Line 26.1.

Description CAIRNS STRUCTURAL FIREFIGHTERS HELMET CAIRNS 1044, 1971-2007 REVISION *No Substitutions*

Made in USA

26.2.

Yes_____ No_____ 26.3.

Scope - The scope of this specification encompasses design, construction, materials and performance criteria deemed necessary for helmets utilized in structural firefighting.

26.4.

Purpose - To supply a purchasing specification for a structural firefighter’s helmet with a fiberglass composite shell.

26.5.

General - Helmets manufactured in accordance with this specification are designed to meet the requirements of NFPA 1971-2007 edition (NFPA 19712007 after Feb. 2007), standard for firefighter helmets.

26.6.

Warranty - Helmets shall be warranted, for the lifetime of the helmet, to be free of defects in material and workmanship. The manufacturer shall guarantee, for a period of five (5) years from the date of manufacture that any helmet shell will be replaced free of charge if it is damaged beyond use while worn during normal assigned fire ground activities. The manufacturer shall be relieved of any replacement liability under this guarantee if there has been a failure to follow the manufacturer’s maintenance requirements supplied with each helmet. Please refer to the official warranty policy #3600-09 for details.

26.7.

Helmet Shell - The Cairns 1044 shall have a Traditional American Fire Service Style helmet shell, comprising a crown, with four (4) major ribs (front, back, left and right sides), and four minor ribs equidistant between each major rib, and a brim that has a short front visor continuing around the sides to a

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26.7.1.

26.7.2.

26.7.3.

26.7.4.

26.7.5.

26.7.6.

26.7.7.

26.8.

26.9.

26.10.

26.11.

Description large rear brim area. The upper surface of the brim shall have the traditional fire service vine scroll-work molded into the surface of the composite. The helmet shell material is a DuraGlas® composite consisting of a hightemperature-, flame-, and chip-resistant, “through-colored” thermoset resin, reinforced with 1” and 2” chopped fiberglass, which is compression molded to form a one piece shell. The shell dimensions (with edge-trim) shall be 15.5” in length, 11.88” in width and a crown depth of 6.5”. The shell shall have a nominal wall thickness of 0.065” in the crown and 0.080” in the brim. The helmet shell shall be furnished with a formed brass front-piece holder which shall be attached to the shells front main rib, and positioned to support the top of a standard 6” fire department identification shield. The options of either a brass carved eagle, silk-screened brass eagle, a brass silk-screened maltese cross, or a brass carved beaver are available. The brass carved eagle and brass carved beaver shall incorporate a “crush zone” to absorb impacts. The shell shall have a thermoplastic, front-piece mounting bracket affixed to the center of the front visor of the brim. The bracket shall provide for positioning and retention of a standard 6” fire department identification shield. The shell shall have black, or white*, high-temperature, flame-resistant, flexible edge trim composed of an aluminum-cored, thermoplastic rubber (TPR). The edge-trim is secured around the entire brim of the helmet by crimping the aluminum core, and secured at the mating ends with a high temperature adhesive and clamped by the helmet hanger clip at the edge of the rear brim. *Available on white helmet shells only. The shell shall have a helmet hanger comprised of a 3/4”, nickel plated “D” ring and a stainless steel clip. The helmet hanger shall be attached to the center rear of the brim. Impact Liner - The Cairns 1044 shall include an impact liner, which is comprised of rigid cell, high temperature urethane foam cap attached to a flame-resistant thermoplastic PPO inner liner. The impact liner shall be modular and field removable for periodic inspection of the foam’s integrity. The impact liner is incorporated to provide increased thermal and impact protection. Head Suspension - The Cairns 1044 shall consist of a 6-way head suspension system, attached to the impact cap. The head suspension system is comprised of three (3) fixed 0.75” wide nylon straps mounted at six points on the impact liner and fastened at their intersection to form the 6-way overhead strap assembly. The straps are attached to the impact cap by means of a tubular plastic ring, joined at the ends by an elastomeric tube that locks the straps into a routed annular groove in the impact cap. Sizing Adjustment - The size of the headband may be adjusted to fit the wearer’s head by means of a ratchet adjustment system. The headband shall have a head size range of 6-3/8 to 8-3/8, adjustable in 1/8 increments. The head band is attached to the sides of the impact cap liner by four (4) flexible retention tabs. The rear ratchet arms shall have three (3) adjustable positions so that the angle of the ratchet may be set to accommodate the nape of the wearer’s head. Comfort Liner - The Cairns 1044 shall have a comfort liner, which consists of

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26.12.

26.12.1.

26.12.2.

26.13. 26.14.

26.15.

26.15.1.

26.16.

26.17.

Description a headband cushion liner and a ratchet pad, which are both removable. Both components are produced from a foam core laminate system, which is comprised of a soft black flame resistant flannel material against the users head and backed by a soft loop material which will be secured to the headband and the ratchet with hook fastener. The comfort liner is machine washable, and can be easily upgraded to a leather-lined deluxe version. Chinstrap - The chinstrap shall be constructed of three (3) pieces (or sections) of 3/4” wide, spunleft side of the helmet by a high-temperature, super-tough, thermoplastic quick release buckle, and by a cast zinc postman’s slide buckle on the right hand side of the helmet. The chinstrap is attached at either end of the impact cap by means of the tubular plastic ring, joined at the ends by an elastomeric tube that locks the chinstrap into a routed annular groove in the impact cap. The long, middle-section, with the female half of the quick release buckle sewn to the left end, shall pass through the postman’s slide buckle on the right, and include hook and loop fastener for stowage of extra strap. The middle section shall be a minimum of 23.0” in length and the total length of the chinstrap shall be 35.0” at full extension, end to end. Front - Helmet shall include a passport front. Shell Release Provisions - The impact liner, complete with suspension system and chinstrap assembly (retained as described above) shall be retained to the helmet shell by means of two (2) thermoplastic retention clips mounted under the faceshield pivot hardware, and by four (4) pieces of hook and pile fastener sections between the impact liner and helmet shell in the crown area. This design will enable the shell to be released from the helmet when impacted from below the brim, reducing the chance of being injured by the chinstrap, and leaves the impact cap on the wearer’s head for continued thermal and impact protection. Ear/Neck Protection - The Cairns 1044 provides for ear andneck protection with a 6.5” wide, 19.0” long, full-cut earlap. The earlap consists of a 4.5 oz. / -shell, and a flame resistant black flannel inner-liner. The earlap shall be secured to the impact liner by pieces of hook and pile fastener in no less than five (5) locations. The earlap is machine washable and can be easily upgraded to a PBI/Kevlar earlap. The ear and neck protector shall be removable without interfering with the overhead strap assembly in any way and without removing any part of the helmets suspension. Defender Visor Eye Protection - The helmet shall have an integral visor system that retracts between the helmet shell and impact cap. The visor system shall be a wrap-around design, 4.5” high and 8.25” long. The lens shall be optically corrected to eliminate distortion. The lens of the visor system shall be available in clear or Tuffshield (yellow tinted) standard colors. Optional Tinted (Gray Smoked) and Mirrored finish lenses shall also be available. The lens shall be able to be quickly replaced without the use of tools. Retro-Reflective Trim - The helmet shall have eight tetrahedron shaped pieces of Lime-Yellow, retro-reflective, fluorescent Reflexite® trim around the exterior of the crown of the helmet shell for maximum daytime and nighttime

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26.18.

26.19.

26.20.

26.21.

26.22.

Description visibility. Red-Orange & Lime-Yellow, retro-reflective, fluorescent Scotchlite® or Glo-flex® tetrahedrons must also be available. Performance Criteria - The Cairns 1044 helmet shall meet the requirements of NFPA 1971-2007 edition, US-OSHA (CFR 1920) NBSIR 1977, and CALOSHA. The request of only a Bourke lens on this helmet reduces the certification to US OSHA (CFR 1920) NBSIR 1977. Performance Verification Data Requirement - Response to this specification shall include a current, NFPA 1971-2007 Certificate of Conformance test report from an accredited test facility for the helmet offered. This certification testing is conducted annually as per NFPA requirements. Options - In addition to the component options mentioned above, the vendor shall have available a full array of products available for the 1044 helmet. Vendor shall provide a percentage of discount from the list (Catalog) pricing. Vendor shall attach a list of available catalog items and accessories. Maintenance, Repair and Retirement - If requested, vendor shall be prepared to train IFD personnel in the proper maintenance, repair and retirement of the helmet at no additional charge. If the unit is a combination package, vendor shall have access to, and impart all information for their portion of the training. Expected training duration would be one (1) to three (3) hours. Vendor shall also make arrangements to supply IFD with any repair bulletins, manufacturer recalls, upgrades or changes that may be issued from time to time by the manufacturer(s). CAIRNS STRUCTURAL FIREFIGHTERS HELMET 880 Tradition Chicago Style Fire Helmet 1971-2007 Revision *No Substitutions*

26.23.

Made in USA

26.24.

Yes_____ No_____ 26.25.

26.26. 26.27.

26.28.

Scope - The scope of this specification encompasses design, construction, materials and performance criteria deemed necessary for helmets utilized in structural firefighting. Purpose - To supply a purchasing specification for a structural firefighter’s helmet with a thermoplastic traditional shell. General - Helmets manufactured in accordance with this specification are designed to meet the requirements of NFPA 1971 standard for firefighter helmets – 2007 (or current) edition. Warranty - Helmets shall be warranted, for the lifetime of the helmet, to be

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Line

26.29. 26.29.1.

26.29.2.

26.29.3. 26.29.4. 26.29.5.

26.29.6.

26.29.7.

26.29.8.

26.30. 26.31.

26.32.

Description free of defects in material and workmanship. The manufacturer shall guarantee, for a period of five (5) years from the date of manufacture, that any helmet shell will be replaced free of charge if it is damaged beyond use while being worn during normal, assigned fire ground activities. The manufacturer shall be relieved of any replacement liability under this guarantee if there has been a failure to follow the manufacturer’s use and maintenance requirements supplied with each helmet. For complete details, please refer to the official warranty policy in the information sheet (#3600-09) attached. Helmet Shell The 880 Tradition Chicago Style shall have a traditional American Fire Service style helmet shell, comprising a crown, with four(4) major ribs (front, back, left and right sides), and four minor ribs equidistant between each major rib, and a brim that has a short front visor continuing around the sides to a large rear watershed area. The upper surface of the watershed shall have a textured finish. The helmet shell material consists of a high-temperature-,flame-, and chipresistant, “through-colored” thermoplastic which is molded to form a one piece shell. The shell dimensions (with edge-trim) shall be 15.25” in length, 10.5” in width, and a height of 5.25”. The shell color finish shall be available in the standard colors of red, black and white. The helmet shell shall be furnished with a collapsible formed brass front-piece holder which shall be attached to the shell’s front main rib, and positioned to capture the top of standard 5” or 6” fire department identification shields. The front holder shall be either a flat brass piece with a silk-screened eagle or Maltese Cross (5” & 6”) or a formed brass eagle (6” only). The shell shall have a thermoplastic, front-piece mounting bracket affixed to the center of the front visor of the brim. The bracket shall provide for positioning and retention of a standard 5” or 6” fire department identification shields. The shell shall have black high-temperature, flame-resistant, flexible edge trim composed of an aluminum-cored, thermoplastic rubber (TPR). The edge-trim is secured around the entire brim of the helmet by crimping the aluminum core which simultaneously captures and retains a wire used to reinforce the brim of the helmet. The edge-trim is secured at the mating ends with a high temperature adhesive and clamped by the helmet hanger clip at the edge of the rear brim. The shell shall have a helmet hanger comprised of a ¾”, nickel plated “D” ring and a stainless steel clip. The helmet hanger shall be attached to the center rear of the brim. Front - Helmet shall include a passport front. Impact Liner - The impact liner in the 880 Tradition Chicago Style is comprised of a high temperature and high density rigid cell urethane foam cap, with continuous coverage over the entire dome area, for thermal, impact, and penetration protection. Suspension - The suspension in the 880 Tradition Chicago Style shall consist of a 6-way overhead strap system (comprised of three (3) fixed, 3/4” wide nylon straps secured at their intersection to form the 6-way overhead strap

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Line

26.33.

26.34.

26.35.

26.36.

26.37. 26.37.1.

26.37.2.

Description assembly) which shall be attached to the impact cap by means of a tubular ring, joined at the ends by an elastomeric tube, that locks the straps into a routed annular groove in the impact cap. Sizing Adjustment - The size of the headband may be adjusted to fit the wearer’s head by means of a ratchet adjustment system. The headband shall have a head size range of 5-5/8 to 7-5/8, adjustable in 1/8 increments. The head band is attached to the sides of the impact cap ring by four (4) flexible retention tabs. The rear ratchet arms shall have three (3) adjustable positions so that the angle of the ratchet may be set to accommodate the nape of the wearer’s head. Comfort Liner - The 880 Tradition Chicago Style shall have a comfort liner, which consists of a headband cushion liner and a ratchet pad, which are both removable. Both components are produced from a foam core laminate system, which is comprised of a soft black flame resistant flannel material against the users head and backed by a soft loop material which will be secured to the headband and the ratchet with hook fastener. The comfort liner is machine washable, and can be easily upgraded to a leather-lined deluxe version. Chinstrap - The chinstrap shall be constructed of three (3) pieces ( or sections ) of 3/4” wide, spunleft side of the helmet by means of a high-temperature, super-tough, thermoplastic quick release buckle, and by a cast zinc postman’s slide buckle on the right hand side of the helmet. The middle section shall be a minimum of 20.5” in length and the total length of the chinstrap shall be 33.0” at full extension, end to end. The chinstrap shall be attached to the shell at either end by means of a stainless steel clip and tuck loop. Ear/Neck Protection - The 880 Tradition Chicago Style provides for ear and neck protection with a 7.25” high, 18.5” long, full-cut earlap. The earlap consists of a 4.5 oz/yd, yellow (or black) Nomex outer shell, and a flame resistant black flannel inner-liner. The earlap shall be secured to the shell using an integrated hook system. A PBI/Kevlar earlap is an available option also. The earlap is machine washable. The ear and neck protector shall be removable without interfering with the overhead strap assembly in any way and without removing any part of the helmets suspension. Eye Protection Options Faceshield The face shield shall be a wrap-around, high pivot design, 4.5” wide, 18.0” long and 0.150” thick. The lens material shall be high performance, high temperature resistant thermoplastic (tuffshield). The lens shall be coated with a scratch resistant coating on both inner and outer surfaces to protect the lens from abrasions. Faceshield hardware The face shield shall be mounted to the helmet shell by no means of two (2) glass-reinforced, high-temperature and flame-resistant thermoplastic bracket assemblies, with adjustable thermoplastic knobs - one (1) on either side of the helmet shell. The brackets allow the face shield to pivot above the brim line (with 6” frontpieces) or completely above helmet shell (with 5” frontpieces) when it is not in use.

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Line 26.37.3.

26.37.4.

26.38.

26.39.

26.40.

26.41.

26.42.

Description Goggle System The goggle system shall be comprised of a high-temperature, flame- and impact-resistant goggle lens and frame a flame resistant, elastic goggle strap, and a goggle retention system. This retention system will lock the goggle onto the helmet at the back brim, which will prevent loss of the goggle when it is stowed or in the donned position. The goggle can also be attached to the helmet with side mounted hardware. This will allow the goggle to be stored in the front or back position of the helmet. The straps can be attached to the side hardware by means of lock down nuts through the straps or by a quick release fastener. Both inner and outer surfaces of the goggle lens will have an anti-scratch and anti-fog coating. The lens will be low profile, optically correct with a nominal thickness of 1/16”. The goggle strap will be adjustable to ensure a safe, snug fit on the face of the wearer. Bourke Eye Shields The Bourke Eye Shield is comprised of dual (2), 2.85 wide x 5.15” long x 0.115” thick, transparent polycarbonate lenses that pivot up and down at 90 simultaneously to provide eye protection when the shield, is down, and are low-profile against the underside of the front brim when the lenses are flipped up. The inner edges of both lenses are designed to contact when the lens are flipped down. The lenses are fastened to a single keep and cable (spring) system that allows the two (2) lenses to move simultaneously. The entire assembly is mounted to a brass plate, which is secured to the center of the front brim of the helmet shell. Retro-Reflective Trim - The helmet shall have eight tetrahedron shaped pieces of Lime-Yellow, retro-reflective, fluorescent Reflexite trim around the exterior of the crown of the helmet shell for maximum daytime and nighttime visibility. (Lime-Yellow Glo-flex, Red-Orange & Lime-Yellow Scotchlite, and Red-Orange and Lime-Yellow Scotchlite triple trim tetrahedrons are also available.) Performance Criteria - The 880 Tradition Chicago Style helmet shall meet the requirements of NFPA 1971-2007 edition, US-OSHA (CFR 1920) NBSIR 1977, and CAL-OSHA. Performance Verification Data Requirement - Response to this specification shall include a current, NFPA 1971-2007 Certificate of Conformance test report from an accredited test facility for the helmet offered. This certification testing is conducted annually as per NFPA requirements. Options - In addition to the component options mentioned above, the vendor shall have available a full array of products available for use with the 880 Tradition Chicago Style helmet. Vendor shall provide a percentage of discounts from the list (Catalog) pricing. Vendor shall attach a list of available catalog items and accessories. Maintenance, Repair and Retirement - If requested, vendor shall be prepared to train IFD personnel in the proper maintenance, repair and retirement of the helmet at no additional charge. If the unit is a combination package, vendor shall have access to, and impart all information for their portion of the training. Expected training duration would be one (1) to three (3) hours. Vendor shall also make arrangements to supply IFD with any repair bulletins, manufacturer recalls, upgrades or changes that may be issued from

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Line

Description time to time by the manufacturer(s). Standard Fire Equipment Bag or City Approved Equal

26.43.

NOTE: Samples are Required if Quoting Equivalents Made in USA

26.44.

Yes ___No ___ American FireWear or City Approved Equal - The equipment bag model B80RS w/ bellow pocket Canvas bag size 23” x 14” x 17” with Indianapolis Fire Department Decal. Bag color shall be Red. Bag shall have dual direction zippers. Velcro shall be low density high use stitch and loop design. Globe, Traditional, Super Duty Style, Rip-Cord Suspenders or City Approved Equal.

26.45.

26.46.

NOTE: Samples are Required if Quoting Equivalents Made in USA

26.47.

Yes ___No ___ 26.47.1.

26.47.2.

26.47.3.

26.47.4.

Super Duty style "Rip-Cord" suspenders shall be specially configured for use with the trousers. The main body of the suspenders shall be constructed of 2 inch wide non elasticized cotton webbing. The non elasticized sections of the suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, and just above the waist line on the front. On the front, the non-elasticized cotton webbing shall terminate with a specially designed metal Tension Slide. Through this Tension Slide will run the 2-inch non-elasticized cotton webbing "Rip-Cords" for adjustment. 2-inch wide elasticized webbing measuring approximately 9 inches long, shall be threaded through and folded over a thermoplastic loop attached to one end of the "RipCord". This 2-inch elasticized webbing shall attach to the four front suspender buttons providing 4-way suspension, flexibility and movement since the webbing slides through the loop on the "Rip-Cords" and is elasticized. The other end of the "Rip-Cords" shall run through the Tension Slide and terminate in the front where they can be pulled for quick adjustment. Black leather, measuring 2 inches in length shall be sewn to the elasticized ends of the suspenders and shall have slotted openings to accommodate the suspender buttons. On the back the 2-inch cotton webbing shall run over the shoulders and form a “V” type configuration where they shall be stitched together and capture a plastic loop. Through the loop shall be 2-inch wide by 9-inch long elasticized section terminating with leather suspender button attachments on each end. The 8-point design allows for full freedom of movement without binding or restriction of movement.

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Line 26.48.

Description Globe, Padded, Rip-Cord, H-Back Suspenders, G-XCEL and Attachments or City Approved Equal. NOTE: Samples are Required if Quoting Equivalents. Made in USA

26.49.

Yes ___No ___ 26.49.1.

26.49.2.

26.49.3.

26.49.4.

26.50.

On the inside waistband shall be attachments for the standard "H" style "Padded Rip-Cord" suspenders. There will be four attachments total – 2 front, 2 back. The suspender attachments shall be constructed of a double layer of black Nomex® measuring approximately ½ inch wide by 3 inches long. They shall be sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspender ends. A pair of "H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the trousers. The main body of the suspenders shall be constructed of 2 inch wide black strap webbing. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8-inches long, forming the “H”. This shall prevent the suspenders from slipping off the shoulders. The shoulder area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting and wrap-around black Nomex®. The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring approximately 8-inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall be equipped with specially configured black powder coat non-slip metal slides. Through the metal slides will be the 9 inch lengths of strap webbing "Rip-Cords" terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of the suspenders. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black Nomex® suspender attachments incorporating two snap fasteners. The Nomex® suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the trousers. The Nomex® suspender attachments will then fold over and attach to themselves securing the suspender to the trousers. Protective Hood for Firefighters Majestic Fire Apparel, Inc. Style PAC III and Majestic Material P84 *No Substitutions*

26.51. Made in USA Yes ___No ___ 26.52.

The purpose of the hood is to afford limited protection to the head, neck and a

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Line

26.52.1.

26.52.2. 26.52.3.

26.52.4.

26.52.5.

26.52.6.

Description portion of the shoulder area, of the firefighter against adverse environmental effects during fire ground operations, as defined by the National Fire Protection Association's standard NFPA 1971, Protective Ensemble for Structural Fire Fighting, 2007 Edition (hereinafter referred to as NFPA 1971, except in the Applicable Documents section). In the absence of comment on a particular point, industry standard practice shall be presumed to prevail. Workmanship and material shall be first quality throughout. Certification - NFPA 1971-2013 UL Certified Complies with CAL-OSHA Requirements Sections 3406 and 3410(d) and OSHA Rule 29 CFR Part 1910, 269. ARC Rated hoods comply with NFPA 70E, meeting performance specifications of ASTM F 1959-1999. Warranty - The manufacturer must provide a product lifetime warranty against defects in materials and workmanship. Labeling Requirements - Labels shall be permanently and integrally printed on materials that meet all the requirements for labels of NFPA 1971. The element shall be clearly labeled to fully identify the material content and shall be labeled with the FEMSA-style DANGER label. The labeling on each hood shall contain manufacturing information, which shall include, at a minimum, a lot number and manufacturing date. Care Instructions - The manufacturer shall provide a user information guide which complies with user information requirements of NFPA 1971, and shall reference that standard. Topics shall include, but not necessarily be limited to: pre-use information, preparation for use, inspection frequency and details, don/doff, use consistent with NFPA 1500, maintenance and cleaning, and retirement and disposal criteria and considerations. This document shall be packaged with each hood. Applicable Standards - The following standards in their active versions on the date of invitation for bid shall form a part of this specification to the extent specified herein. NFPA 1500, 2002 Edition Standard on Fire Department Occupational Safety and Health Program, NFPA 1851, 2008 Edition Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protective Ensembles, NFPA 1971, 2007 Edition Standard on Protective Ensemble for Structural Fire Fighting. Design Concept Styling and Construction - The Hood and materials shall meet or exceed both the design and performance requirements for structural protective hoods as outlined in NFPA 1971. a. The Hood shall provide partial shoulder to shoulder coverage. The chest and back drape shall be of a full drape design and extend at least eight inches (8”) below the neck seam at both the front and rear. b. Seams in the area of the crown shall be flat lock style for comfort. c. Hood shall feature an over-sized head section with a face opening to provide extra generous face opening that easily stretches to a minimum of fifteen inches (15”) to provide superior donning and fit characteristics for any size firefighter's head. d. All seams in the body of the Hood shall be heavy duty serge style.

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Line 26.52.7. 26.52.8.

Description The Hood shall consist of 2-ply P-84 material. Packaging - Each Hood body shall be individually package on a clear polybag along with the all user information guides and information. Black Diamond Firefighter Boots 699-9451 or City Approved Equal.

26.53.

NOTE: Samples are Required if Quoting Equivalents. 26.54.

Made in USA

26.55.

Yes ___ No ___ 26.56. Vendor must be able to supply all sizes requested to size 16, and must be able to supply medium, wide, and extra wide widths. Additionally, vendor must supply boots in both men and women cuts and styles.

26.56.1. 26.56.2. 26.56.3. 26.56.4. 26.56.5. 26.56.6. 26.56.7. 26.56.8. 26.56.9. 26.56.10. 26.56.11. 26.56.12. 26.56.13. 26.56.14. 26.56.15.

Black Diamond Firefighter Boots 699-9451 The Black Diamond Comfort Fit Form ("Last") used to construct these boots has been designed for maximum comfort and accurate fit. In addition, the Enersole System includes a high-density polyurethane midsole that absorbs energy. The second layer of comfort includes a single-density polyurethane orthotic footbed that provides all-day comfort. The footbed fabric cover absorbs perspiration and is removable for fast drying. Comfort System - Comfort Fit Plus - with Enersole Boot Height – Sixteen inches (16”) Upper Midsole - 2.0MM High Density Rubber with calendared fabric Lower Midsole - 6.8MM Coated Felt Insulation - 6.0MM Open Cell Foam Leg Lining - Kevlar/Nomex with 1.2MM Coating Lining Stitch - Lining includes backstitch Toe Lining - 1.4MM Net Lining Calendared Coated Tibia Protection - 3.0MM Heavy Corrugated Roll Steel Toe - ANSI - Z41-1999 Standard Steel Midsole - Stainless Steel Steel Shank - Triple Ridge Steel Outsole – Molded Rubber K-Lug Design Footbed - PU Orthotic Footbed, Fabric-covered, Removable Pull-on System - Cotton Drill Friction Coated with Spread Cotton and Nylon Net

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Line 26.56.16. 26.57.

Description Certification - NFPA 1971 Edition Standard for Structural Firefighting Firefighter Boots Globe- Structural Series 14 Inch Pull-On Boot, NFPA 1971 and NFPA 1992 Compliant *No Substitutions*

26.58.

Made in USA

26.59.

Yes ___ No ___ 26.60.

26.60.1.

26.60.2.

Test Method

Clay Quarry Tiles

Meets or exceeds NFPA 1971, Standard on Protective ensembles for Structural Firefighting and Proximity Firefighting, 2007 Edition and NFPA 1992, Standard on Liquid Splash-Protective Ensembles and Clothing for Hazardous Materials Emergencies, 2005 Edition. General Design - 14” Pull-On athletic footwear (cement construction) boot, black flame-resistant and waterproof leather, double-stitched leather joining seams, hi-vis yellow and silver reflective trim, leather pull straps, padded leather collar, padded leather flex joints in the shaft above vamp and heel, liquid and chemical resistant breathable bootie liner, cut-resistant and thermal protective bootie-shield liner, composite safety toe cap, composite shank, composite penetration-resistant insole barrier, molded shin guard, flameresistant synthetic rubber molded cup outsole and toe bumper, 3D lasting board, molded heel counter, internal heel fit system, and removable molded footbeds including a second thicker pair. Slip Resistance - Boots must exceed the minimum test values for slip resistance of left and right foot as detailed below to provide superior performance in dry, wet, and frosted rough ice conditions. Boots that do not exceed these minimums in all conditions will not be acceptable. Bidders must promptly supply a Technical Services Report from a recognized independent testing laboratory upon request showing that the boots bid meet this requirement. Safety And Technical Rescue Association (SATRA) TM144:2007 Slip resistance of footwear and floorings Load = 500 N o Heel Dry = 1.00 o

Heel Wet = 0.80

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Line

Description o o Frosted Rough Ice 26.60.3.

Test Method 26.60.4.

Forepart Dry = 1.10 Forepart Wet = 0.80 Heel = 0.30

Forepart = 1.35 Flexibility - Boots must reach the Maximum Flex Angle of 50 degrees without exceeding the critical bending moment with a resulting stiffness Index not to exceed 10.0 as detailed below to provide maximum flexibility. Boots that do not meet this requirement will not be acceptable. Bidders must promptly supply a Technical Services Report from a recognized independent testing laboratory upon request showing that the boots bid meet this requirement. Safety And Technical Rescue Association (SATRA) TM194:2004 Longitudinal stiffness of footwear Firestorm™ Leather - Heavy-duty, flame-resistant and waterproof full-grain cattle hide leather measuring 2.0 – 2.2 mm of thickness for durable tear and puncture resistance. Tumbled full-grain cattle hide leather in collar and flex areas for mobility. Leather is chrome tanned to withstand high temperature with minimal shrinkage, re-tanned to impart water resistance and low water absorption, and finished to retain maximum breathability. Leather meets or exceeds the following physical tests: Test Number Test Data

Physical Test Water ASTM D2009 15,000 flex minimum Penetration Dynamic ASTM D2009 10% maximum Water Absorption Static Water ASTM D6015 30% maximum Absorption Slit Tearing ASTM D2212 30 pound minimum Strength Moisture ASTM D5052 350 g/meter 2/24 hours minimum Vapor Transmission Flame NFPA 1971 Afterflame no more than 2.0 sec, Resistance not melt or drip, no burn through Bootie – Shield Liner - A protective bootie-shield of 65% NOMEX®, 35% 26.60.5. KEVLAR® fiber stitchbonded non-woven batting weighing 4.0 oz/yd2 is positioned between the leather shell and the CROSSTECH® moisture barrier bootie to provide abrasion and cut resistance and additional thermal protection. Boots that do not have an additional protective bootie-shield between the leather shell and the CROSSTECH® moisture barrier bootie will not be acceptable. Crosstech® Footwear Fabric - A full-height bootie liner made from a 26.60.6. package of Cambrelle®, 300g insulation, and CROSSTECH® moisture barrier to provide protection unmatched by any other waterproof, breathable barrier and as defined by the specified NFPA standards. Athletic Footwear (Cement) Construction - Contoured outsoles are bonded 26.60.7. IFD – Firefighter Gear Accessories Final – 6/2013 RFB-16DPS-199

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26.60.8.

26.60.9.

Description to the bottom and sides of the upper using a 2-part cross-linking adhesive that forms a bond stronger than the materials it attaches. This attachment process is far more flexible than welted construction. Goodyear welt or direct attach construction methods are not be acceptable. Vibram® Synthetic Rubber Contoured Cup Outsole - Molded synthetic rubber outsole wraps onto the upper for athletic shoe performance. Flame, abrasion, oil, acid, and slip resistant compound engineered for high-traction, cold-weather resistance, and durability. Siping lines cut into flat areas open up when flexed to provide additional traction on water and ice. Self-cleaning lugs and omni-direction tread pattern designed for superior performance in all terrains and when working on ladders. LENZI ® Puncture Protection - High performance penetration protection made from multiple layers of HT ceramic fabric (PEOX blended with silicates). Far more flexible than a steel plate and doesn’t transmit heat or cold. Exceeds NFPA standards for safety. Metal plates will not be acceptable.

26.60.10.

3D Composite Lasting Board - Boot uppers are lasted to a molded and contoured dual-density lasting board with a built-in flex zone in the forefoot and a torsionally stable heel.

26.60.11.

Composite Shank - Lighter than steel, doesn’t transmit heat or cold, and springs back to shape better. Metal shank will not be acceptable.

26.60.12.

Composite Safety Toe Cap - Lighter than steel and doesn’t transmit heat or cold. Exceeds NFPA standards for safety. Metal toe caps will not be acceptable.

26.60.13.

Molded Heel Counter - A rugged heel counter is individually molded to fit each size perfectly.

26.60.14.

3D Molded Shin Guard – Molded and padded polymer shin guard provides extra protection when you are working on a ladder.

26.60.15.

Synthetic Rubber Toe Bumper - Molded synthetic rubber toe bumper provides abrasion resistance when crawling. Cemented and 2-needle stitched to the vamp.

26.60.16.

Composite Safety Toe Cap - Lighter than steel and meeting NFPA standards for safety. Doesn't transmit heat or cold

26.60.17.

3M Scotchlite™ Reflective Material - Flame-resistant fluorescent yellow and silver 3M SCOTCHLITE™ reflective material sewn to both sides of the shaft for added visibility.

26.60.18.

Leather Pull-Straps - Leather pull-straps are securely attached to the leather uppers with box and cross stitching to keep them on for good. Pull strength must be a minimum of 120 lbs when tested with a single handle.

26.60.19.

Internal Fit System - Anatomical foam insert wraps around the top and sides

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Line

Description of the heel with an opening to fit and hold the back of the heel securely while cushioning the ankle. 26.60.20.

3D Molded Footbed - Removable urethane foam footbeds are contoured to cradle and cushion the bottom of the foot and to provide arch support. Moisture-wicking and anti-microbial fabric top layer.

26.60.21.

Custom Fit System - A second pair of 3D Molded Footbeds that are thicker in the forefoot is provided with every pair for a custom fit. This thicker footbed provides a snugger fit.

26.60.22.

Size Availability - Boots must be available in Men’s 5 – 12.5 (full and half sizes), 13 – 17 (full sizes only) in Medium, Wide, and X-Wide widths. Boots must also be available in a Wide Calf model in the same size range that will provide an additional 3 inches in circumference at the calf to fit those with larger calves. Boots must be available in Women’s 5 – 10 (full and half sizes) in Medium, Wide, and X-Wide widths.

26.60.23.

Re-soling Service - Boots must be able to be resoled at the factory with new outsoles as needed. Flashlight Streamlight, Survivor® LED, C4® LED Technology, Rechargeable, Flashlight

26.61.

Model #90503 - Orange *No Substitutions* Made in USA

26.62.

26.62.1.

Yes ___ No ___ Steady rechargeable model Streamlight, Survivor Series, 120 v. Flashlight.

26.62.2.

Unit shall have the latest in C4® LED technology.

26.62.3.

Microprocessor controlled high and low intensity modes and emergency flash

26.62.4.

High Beam up to 21,000 candela peak beam intensity - 100 lumens

26.62.5.

Low Beam up to 7,500 candela peak beam intensity - 32 lumens

26.62.6.

Runtimes: NiCd Rechargeable Pack – High: 3.5 hours; Low: 10+ hours; Flash: 7+ hours

26.62.7.

Runtimes: Alkaline Battery Pack – High: 4 hours; Low: 14+ hours; Flash: 7+ hours

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Line 26.62.8.

Description Lens is unbreakable polycarbonate with silicone anti-scratch coating is assembled in a heavy duty bezel

26.62.9.

O-ring sealed for water resistance

26.62.10.

Survivor® LED rechargeable models fit existing Survivor® charging units

26.62.11.

Raised push-button switch is recessed in polymer housing for protection

26.62.12.

Impervious to shock with a 50,000 hour lifetime

26.62.13.

Rugged nylon polymer body

26.62.14.

Weatherproof push button switch for easy use with gloves and 3 position switch: high, low and locator strobe

26.62.15.

Each unit shall include back-up rechargeable alkaline battery pack

26.62.16.

Dual power source: 4 "AA" alkaline batteries or rechargeable nickel cadmium battery pack. No tools needed to change batteries. Alkaline battery pack holds 4 "AA" alkaline batteries.

26.62.17.

Deep-dish, parabolic beam generator creates long-range, focused beam and ample side lighting

26.62.18.

Grabs onto belt or clips to turnout gear for easy, hands-free use; Superior retention

26.62.19.

Each unit shall include a limited lifetime warranty for entire unit.

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27. Sample Agreement AGREEMENT BETWEEN THE CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY AND FOR THE SUPPLY OF

THIS AGREEMENT, executed by and between the Consolidated City of Indianapolis and Marion County, Indiana, by and through (hereinafter City), and (hereinafter Contractor); WITNESSETH THAT: WHEREAS, City is desirous of retaining Contractor’s services for procurement of and delivery of (more particularly described in Attachment A, "Scope of Services"); and WHEREAS, Contractor is capable of said procurement and delivery of (hereinafter “Goods”) as per its Bid on City’s ITB No. ; and WHEREAS, said Bid was determined to be the lowest responsible and responsive Bid for said requisition; NOW THEREFORE, in consideration of the mutual promises hereinafter enumerated, the parties agree as follows: SECTION I.

TERM

1.01

The term of this Agreement shall be for ____ years from the date of execution of this Agreement by all parties, unless terminated earlier in accordance with the terms of this Agreement or with applicable law.

1.02

This Agreement may be renewed by agreement of parties. The term of the renewal may be less but shall not be longer than the term of the original Agreement. A renewal shall be only by written instrument signed by both City and Contractor and attached hereto as an amendment. All other terms and conditions of the Agreement shall remain the same as set forth herein. In no event may the total term of this Agreement, including amendments and extensions, exceed a period of four years.

SECTION II. SERVICES, DELIVERY AND ACCEPTANCE 2.01

If the Scope of Services requires services incidental to the procurement and delivery of the Goods, Contractor shall perform such services in a workmanlike manner and in accordance with the conditions of this Agreement.

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2.02

Delivery

2.02.1 Contractor shall deliver the Goods specified in Attachment A, "Scope of Services" within ____ business days from receipt of each order placed by City. All deliveries shall be made Monday through Friday during normal business hours (City holidays excluded) unless other prior arrangements with City are made. 2.02.2 Delivery date shall be the date a complete item, vehicle, or piece of equipment (“Goods”), installed and/or ready to operate, has been delivered to City. To be accepted, the Goods must successfully pass an acceptance inspection by City. Acceptance inspection shall be an inspection as well as an operational test to ensure the Goods both meet the specifications and are operable. Unless otherwise noted in the specifications, the acceptance inspection will be completed within fifteen (15) calendar days of the delivery date. The warranty for said equipment shall become effective on the “Date of Acceptance”. Please Note: For equipment to be accepted, all manuals, ownership papers, and a certificate of origin, if required, must be supplied at the time the Goods are delivered. 2.02.3 Time is of the Essence. It is hereby understood by both parties that time is of the essence in this Agreement. Failure of Contractor to supply and deliver the Goods as herein provided will result in monetary damages to City in the amount stated in specifications, if any. Contractor agrees to pay City said damages or, in the alternative, City may withhold monies otherwise due Contractor. It is expressly understood by the parties hereto that these damages relate to the time of performance and do not limit City's other remedies under this Agreement, or as provided by applicable law. Extensions may be granted by City based upon inclement weather, natural disaster, or other acts beyond the control of Contractor. Such extensions must be in writing and agreed to by both parties. 2.02.4 If Contractor fails to supply and deliver Goods as required by the terms of this Agreement, City may procure the same or similar items from the open market. If the market price of those items is greater than the Agreement price, Contractor shall be liable to City for the difference between the market price and the Agreement price, plus it shall be liable to City for any incidental or consequential damages incurred by City as a result of Contractor’s breach. Contractor’s liability may be deducted from any monies due or that may become due Contractor and shall not limit City’s other remedies available under this Agreement or as provided by applicable law. If Contractor’s liability exceeds the sum of any monies due or that may become due Contractor under the Agreement, Contractor shall pay City the amount of said excess. 2.02.5 City shall be the sole judge of the adequacy of Contractor's performance pursuant to this Agreement. Contractor shall not be relieved of liability to City for damages sustained by virtue of any breach of this Agreement. City may withhold payment due or that may become due to Contractor as set-off for any damages due City. If City’s damages exceed the amount of payment due or that may become due, Contractor shall pay City the excess. City’s right of set-off shall not limit its other remedies available under this Agreement or as provided by applicable law.

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2.03

Defects; Correction

2.03.1 Contractor shall perform final inspections on all Goods prior to delivery. City has the right to inspect the Goods to the extent practicable, at any time and place. If, as a result of City’s acceptance inspection, City determines that any Goods do not conform to Agreement requirements, City may, at Contractor’s cost and at no increase in contract amount and at City’s sole option and discretion: 1) require Contractor promptly to correct the defects to the non-conforming goods where practicable; or 2) reject the non-conforming goods and require Contractor to complete the order by delivering conforming goods. 2.03.2 When the defects for any Goods cannot be corrected practicably, City may at its sole option and discretion: 1) by contract or otherwise, correct the defects and charge the Contractor any costs incurred by City directly related to the cost of correcting the defects; or 2) reduce the Agreement price to reflect the reduced value of the Goods. 2.03.3 If the Contractor fails to correct performance or take necessary action to ensure future performance, in conformity with contract requirements, or when the defects for any Goods cannot be corrected practicably, City may: 1) require Contractor to take necessary action to ensure that future performance conforms to Agreement requirements; and/or 2) terminate the Agreement for default. 2.04

Any remedy provided by this section shall not limit City’s other remedies available under this Agreement or as provided by applicable law.

SECTION III. COMPENSATION 3.01

Contractor shall submit a properly itemized invoice for approved orders; City will pay Contractor within thirty days after receipt of such properly itemized claim forms. City shall compensate Contractor in an amount not to exceed the per unit prices as shown on Attachment B.

3.02

If, for any reason, City rejects the Goods supplied by Contractor, City shall not be responsible for any shipping, restocking, or similar charges incurred by Contractor.

3.03

NO MINIMUM OR MAXIMUM AMOUNT OF GOODS TO BE PURCHASED UNDER THIS AGREEMENT IS STATED OR IMPLIED HEREIN.

3.04

The prices as stated in Attachment B shall remain in effect for the term of this Agreement.

3.05

Contractor shall maintain proper accounting records relevant to this Agreement and provide an accounting for all charges and expenditures as may be necessary for audit purposes. All such records shall be subject to inspection and examination by City’s representatives at reasonable business hours.

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SECTION IV. GENERAL PROVISIONS 4.01

Liability of Parties Contractor agrees to defend, indemnify, and hold harmless City and its officers, agents, officials, and employees for (1) any and all liability, claims, actions, causes of action, judgments, and/or liens arising out of any negligent act or omission by Contractor or any of its officers, agents, employees or subcontractors; or (2) any defect in materials or workmanship of any supply, material, mechanism, or other product or service which it or any of its officers, agents, employees, or subcontractors has supplied to City or has used in connection with this Agreement. Such indemnity shall include attorneys’ fees and all costs and other expenses arising therefrom or incurred in connection therewith and shall not be limited by reason of the enumeration of any insurance coverage required herein.

4.02

Termination

4.02.1 City may terminate this Agreement, in whole or in part, upon ten (10) calendar days written notice to Contractor, in the event that Contractor becomes insolvent or violates or fails to perform any term, covenant, or provision in accordance with the terms of this Agreement. Contractor shall have an opportunity for consultation with City prior to termination 4.02.2 Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this Agreement are at any time not forthcoming or are insufficient, through failure of any entity to appropriate funds or otherwise, then City shall have the right to terminate this Agreement without penalty by giving prior written notice documenting the lack of funding. In this instance, unless otherwise agreed to by the parties, this Agreement shall terminate and become null and void on the last day of the fiscal period for which appropriations were received. City agrees that it will make its best efforts to obtain sufficient funds, including, but not limited to, incorporating in its budget for each fiscal period during the term hereof a request for sufficient funds to meets its obligations hereunder in full. 4.02.3 City reserves the right to terminate this Agreement, in whole or in part, for its convenience at any time during the term of the Agreement, without penalty, upon ten (10) calendar days written notice to Contractor and an opportunity for consultation with City prior to termination. 4.03

Independent Contractor Both parties agree that for the purpose of this Agreement, Contractor shall be an independent Contractor as that term is commonly used and is not an employee of the Consolidated City of Indianapolis and of Marion County. As such, Contractor is solely responsible for all taxes and none shall be withheld from the sums paid to Contractor. Contractor acknowledges that it is not insured in any manner by City for any loss of any kind whatsoever. Contractor has no authority, express or implied, to bind or obligate City in any way.

4.04

Assignment City and Contractor each binds itself and its partners, successors, executors, administrators and assigns to the other party in respect to all covenants of this Agreement. Contractor shall not subcontract, assign or delegate any portion of this Agreement or the services to be performed hereunder without prior written approval of City.

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In the event that City approves of any such subcontracting, assignment or delegation, Contractor shall remain solely responsible for managing, directing and paying the person or persons to whom such responsibilities or obligations are sublet, assigned or delegated. City shall have no obligation whatsoever toward such persons. Contractor shall take sole responsibility for the quality and quantity of any services rendered by such persons. Any consent given in accordance with this provision shall not be construed to relieve Contractor of any responsibility for performing under this Agreement. 4.05

Extent of Agreement: Integration This Agreement consists of the following parts, each of which is as fully a part of this Agreement as if set out herein: 1. This Agreement 2. Technical Specifications (Attachment A, "Scope of Services") 3. Bid Prices (Attachment B) In resolving conflicts, errors, discrepancies, and disputes concerning the Scope of Services to be performed by Contractor or other rights and obligations of City and Contractor, the document expressing the greater quantity, quality, or scope of the service or imposing the greater obligation upon Contractor and affording the greater right or remedy to City shall govern; otherwise the documents shall be given precedence in order as enumerated above.

4.06

Renewal of Agreement This Agreement may be renewed by agreement of parties. The term of the renewal may be less but shall not be longer than the term of the original Agreement. A renewal shall be only by written instrument signed by both City and Contractor and attached hereto as an amendment. All other terms and conditions of the Agreement shall remain the same as set forth herein.

4.07

Insurance

4.07.1 Contractor shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Contractor’s operations under this Agreement, whether such operations be by Contractor or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker’s Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Contractor’s insurance shall be not less than the amounts shown below: A.

Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit

$1,000,000.00

Damage to Rented Premises

$100,000.00 (each occurrence)

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Medical Expense Limit

$5,000.00

Personal and Advertising Injury Limit

$500,000.00

General Aggregate Limit

$2,000,000.00 (Other than Products Completed Operations)

NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations

$1,000,000.00

Auto Liability

$1,000,000.00 (combined single limit) (owned, hired & non-owned)

Bodily injury & property damage

$1,000,000.00 each accident

C.

Excess/Umbrella Liability

$1,000,000 (each occurrence and aggregate)

D.

Worker’s Compensation & Disability

Statutory

E.

Employer’s Liability

B.

F.

Bodily Injury Accident

$100,000 each accident

Bodily Injury by Disease

$100,000 each employee

Bodily Injury by Disease

$500,000 policy limit

[Reserved for Professional Liability or additional riders as needed]

4.07.2 Certificates of Insurance, naming the City as an "additional insured," (A. B. and C. only) showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 4.07.3 With the prior approval of City, Contractor may substitute different types of coverage for those specified as long as the total amount of required protection is not reduced. Contractor shall be responsible for all deductibles. 4.07.4 Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Contractor to the above enumerated amounts.

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4.08

Necessary Documentation. Contractor certifies that it will furnish City any and all documentation, certification, authorization, license, permit, or registration required by the laws or rules and regulations of the City of Indianapolis, other units of local government, the State of Indiana, and the United States. Contractor further certifies that it is now and will remain in good standing with such governmental agencies and that it will keep its license, permit, registration, authorization, or certification in force during the term of this Agreement.

4.09

Confidentiality. Contractor acknowledges that City will not treat this Agreement as confidential information and will post the Agreement on the City of Indianapolis website as required by Section 141-105 of the Revised Code of the Consolidated City of Indianapolis and Marion County. Use by the public of any document or the information contained therein shall not be considered an act of City.

4.10

Applicable Laws; Forum.

4.10.1 Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations or ordinances, and all provisions required thereby to be included in this Agreement are hereby incorporated by reference. This includes, but is not limited to, the Federal Civil Rights Act of 1964 and, if applicable, the Drug-Free Workplace Act of 1988. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by City and Contractor to determine whether the provisions of the Agreement require formal modification. 4.10.2 This Agreement shall be construed in accordance with the laws of the State of Indiana, and by all applicable Municipal Ordinance or Codes of the Consolidated City of Indianapolis, County of Marion. Suit, if any, shall be brought in the State of Indiana, County of Marion. 4.11

Nondiscrimination

4.11.1 Contractor and its officers, agents, employees, and subcontractors shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to her or his hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of her or his race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United States military service veteran status. Breach of this section shall be regarded as a material breach of this Agreement. 4.11.2 Minority, Women and Veterans Participation To the extent Contractor uses subcontractors or other agents in the performance of services under this Agreement, Contractor shall either: Use, at a minimum, fifteen percent (15%) Minority Business Enterprises, eight percent (8%) Women’s Business Enterprises, and three percent (3%) Veteran’s Business Enterprises in the performance of services under this Agreement; or Demonstrate a good faith effort to achieve such percentages, in compliance with the policies and to the satisfaction of Indianapolis’s Department of Minority & Women Business Development. IFD – Firefighter Gear Accessories Final – 6/2013 RFB-16DPS-199

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Violation of this Subsection shall constitute a breach of this Agreement. 4.12

Workmanship and Quality of Materials

4.12.1 As required in the Technical Specifications, Contractor shall guarantee the Goods for a period of ________ from date of acceptance. Failure of any portion of the Goods due to improper materials or workmanship, materials of construction or design may result, at City’s option, in a refund to City of the purchase price of that portion which failed or, in the alternative, in replacement of that portion which failed at no cost to City, in addition to all other remedies provided by law and by this Agreement. 4.12.2 City shall be the sole judge of the sufficiency of workmanship and quality of materials. Disputes shall be resolved by the Director of the Department and are not subject to arbitration. 4.13

Safety Contractor shall be responsible for the safety of its employees at all times and shall provide all equipment necessary to insure their safety.

4.14

Attorneys' Fees Contractor shall be liable to City for reasonable attorneys' fees incurred by City in connection with the collection, or attempt to collect, any damages arising from the negligent or wrongful act or omission of Contractor, or from Contractor’s failure to fulfill any provisions, responsibility, or any other terms of this Agreement.

4.15

Written Notice Any notice required to be sent under this Agreement shall be sent by internationally recognized overnight courier, certified mail, facsimile or other delivery method which provides confirmation of receipt and shall be directed to the persons and addresses specified below (or such other persons and/or addresses as any party may indicate by giving notice to the other party) :

To Contractor:

To City: Troy Riggs, Director Department of Public Safety 200 East Washington Street, Suite Indianapolis, Indiana 46204

4.16

Severability and Waiver In the event that any clause or provision of this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any other provision of this Agreement. Failure of City to insist on strict compliance with the provisions of this Agreement shall not constitute waiver of City’s right to demand later compliance with the same or other provisions of this Agreement.

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4.17

Debarment and Suspension

4.17.1 Contractor certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any Federal assistance program by any Federal department or agency, or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of Contractor. 4.17.2 Contractor certifies, by entering into this Agreement, that it does not engage in investment activities in Iran as more particularly described in IC 5-22-16.5. 4.17.3 Contractor shall provide immediate written notice to City if, at any time after entering into this Agreement, Contractor learns that its certifications were erroneous when submitted, or Contractor is debarred, suspended, proposed for debarment, declared ineligible, has been included on a list or received notice of intent to include on a list created pursuant to IC 5-2216.5, voluntarily excluded from or becomes ineligible for participation in any Federal assistance program. Any such event shall be cause for termination of this Agreement as provided herein. 4.17.4 Contractor shall not subcontract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in any Federal assistance programs by any Federal department or agency, or by any department, agency or political subdivision of the State of Indiana. 4.18

Authority to Bind Contractor Notwithstanding anything in this Agreement to the contrary, the signatory for Contractor represents that he/she has been duly authorized to execute agreements on behalf of Contractor and has obtained all necessary or applicable approval from the home office of Contractor to make this Agreement fully binding upon Contractor when his/her signature is affixed and accepted by City.

4.19

Conflict of Interest.

4.19.1 Contractor certifies and warrants to City that neither it nor any of its officers, agents, employees, or subcontractors who will participate in the performance of any services required by this Agreement has or will have any conflict of interest, direct or indirect, with City.

4.19.2 For purposes of compliance with IC 36-1-21, Contractor certifies and warrants to City that Contractor, or a person who wholly or partially owns Contractor, is not a relative, as that term is defined by IC 36-1-21-3, of either the Mayor of Indianapolis, Indiana, or a member of the City-County Council of Indianapolis and Marion County, Indiana.

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4.20

Disputes Contractor shall carry on all work required under this during all disputes or disagreements with City. No work shall be delayed or postponed pending resolution of any disputes or disagreements except as Contractor and City may otherwise agree in writing. Should Contractor fail to continue to perform its responsibilities as regards all non-disputed work without delay, any additional costs incurred by City or Contractor as a result of such failure to proceed shall be borne by Contractor, and Contractor shall make no claim against the City for such costs. City may withhold payments on disputed items pending resolution of the dispute. [INCLUDE THE E-VERIFY TERM IF CONTRACT INCLUDES ANY SERVICES]

4.21

Compliance with E-Verify Program Pursuant to IC 22-5-1.7, Contractor shall enroll in and verify the work eligibility status of all newly hired employees of Contractor through the E-Verify Program (“Program”). Contractor is not required to verify the work eligibility status of all newly hired employees through the Program if the Program no longer exists.

4.21.1 Contractor and its subcontractors shall not knowingly employ or contract with an unauthorized alien or retain an employee or contract with a person that Contractor or its subcontractor subsequently learns is an unauthorized alien. If Contractor violates this Section 5.24, City shall require Contractor to remedy the violation not later than thirty (30) days after City notifies Contractor. If Contractor fails to remedy the violation within the thirty (30) day period, City shall terminate the contract for breach of contract. If City terminates the contract, Contractor shall, in addition to any other contractual remedies, be liable to City for actual damages. There is a rebuttable presumption that Contractor did not knowingly employ an unauthorized alien if Contractor verified the work eligibility status of the employee through the Program. 4.21.2 If Contractor employs or contracts with an unauthorized alien but City determines that terminating the contract would be detrimental to the public interest or public property, City may allow the contract to remain in effect until City procures a new contractor. 4.21.3 Contractor shall, prior to performing any work, require each subcontractor to certify to Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and has enrolled in the Program. Contractor shall maintain on file a certification from each subcontractor throughout the duration of the Project. If Contractor determines that a subcontractor is in violation of this Section 5.24, Contractor may terminate its contract with the subcontractor for such violation. 4.21.4 Pursuant to IC 22-5-1.7 a fully executed affidavit affirming that the business entity does not knowingly employ an unauthorized alien and confirming Contractors enrollment in the Program, unless the Program no longer exists, shall be filed with City prior to the execution of this Agreement. This Agreement shall not be deemed fully executed until such affidavit is filed with the City.

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4.22

Tax exemption The Consolidated City of Indianapolis and Marion County are exempt from local, state and federal taxes and will not be responsible for any taxes levied on Contractor as a result of this Agreement. The Tax exempt ID number for the Consolidated City of Indianapolis and Marion County is: 03157202-001-0.

4.23

Supersession This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or verbal, between City and Contractor. No statements, promises or agreements whatsoever, in writing or verbal, in conflict with the terms of the Agreement have been made by City or Contractor which in any way modify, vary, alter, enlarge or invalidate any of the provisions and obligations herein stated. This Agreement may be amended and modified only in writing signed by both City and Contractor.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates subscribed below. CONTRACTOR NAME (“Contractor”) By: ____________________________________

Date:______________________

Printed: ________________________________ Title: __________________________________ CONSOLIDATED CITY OF INDIANAPOLIS XXXXXXXX (“City”) By: ____________________________________ XXXXXX, Director

Date: _____________________

APPROVED AS TO FORM AND LEGALITY: By: ____________________________________ XXXXXX, Assistant Corporation Counsel

Date: _____________________

APPROVED AS TO AVAILABILITY OF FUNDING: By: ____________________________________ Jason D. Dudich, Controller

Date:______________________

APPROVED FOR EXECUTION: Gregory A. Ballard, Mayor By Mayor’s Designee: By: ____________________________________ Samantha S. Karn, Corporation Counsel

Date: _____________________

ATTEST: By: ____________________________________

Date: ______________________

, Board Secretary

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ATTACHMENT A SCOPE OF SERVICES Technical Specifications [insert name of specs] ITB No.__________

Contractor shall provide all items listed in Attachment B in accordance with the Technical Specifications contained herein. All items, where applicable, shall conform to specifications, including any Supplemental Specifications effective at the date of bid/bid opening.

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ATTACHMENT B PRICING [Insert Bid Pricing Sheet Here]

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ATTACHMENT C BID DOCUMENTS [Attachment/inclusion of full bid documents shall be at the City’s Sole discretion]

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E-Verify Affidavit Pursuant to Indiana Code 22-5-1.7-11, the Contractor entering into a contract with the City is required to enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program. The Contractor is not required to verify the work eligibility status of all its newly hired employees through the E-Verify program if the E-Verify program no longer exists. The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into its contract with the City, the undersigned Contractor will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the EVerify program.

(Contractor): _____________________________________________________________ By (Written Signature):

______________________________________________________

(Printed Name): __________________________________________________________ (Title): __________________________________________________________________

Important - Notary Signature and Seal Required in the Space Below

STATE OF _____________________ SS: COUNTY OF ____________________

Subscribed and sworn to before me this ______ day of _____________________, 20 ___ My commission expires: __________________

(Signed) _________________________

Residing in ____________________________County, State of___________________

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Nepotism For purposes of compliance with Indiana Code Chap. 36-1-21, Please specify below whether Contractor (individual), or a person who wholly or partially owns Contractor (business), is a relative, as that term is defined by Indiana Code § 36-1-21-3, of either the Mayor of Indianapolis, Indiana, or a member of the City-County Council of Indianapolis and Marion County, Indiana. Contractor (individual) or Contractor (business) does NOT have a relative who is either the Mayor of Indianapolis, Indiana, or a member of the City-County Council of Indianapolis and Marion County, Indiana. Contractor (individual) or Contractor (business) DOES have a relative who is either the Mayor of Indianapolis, Indiana, or a member of the City-County Council of Indianapolis and Marion County, Indiana (must specify all relative(s) below): Mayor Gregory A. Ballard City-County Councilor [please specify name of Councilor(s)]

_______________

Investment in Iran Contractor hereby certifies that it does not engage in investment activities in Iran as more particularly described in IC 5-22-16.5. Contractor shall provide immediate written notice to City if, at any time after submitting this bid/bid, Contractor learns that its certifications were erroneous when submitted, or Contractor has been included on a list or received notice of intent to include on a list created pursuant to IC 5-22-16.5. A person included upon a list created pursuant to IC 5-22-16.5 shall be considered non-responsible for purposes of this competition.

Name of Authorized Representative (Printed) ___________________________________________

Signature of Authorized Representative ________________________________________________

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28. Minority, 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/WBE/VBE Participation Plan. To receive credit toward the MBE/WBE/VBE 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/WBE/VBE 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/WBE/VBE participation, including a review of documentation and information submitted, shall be undertaken by DMWBD. The City will recognize only City of Indianapolis certified firms regardless of any other state or national affiliation. In order to be recognized by the City of Indianapolis as an MBE/WBE/VBE participant, your company must be certified with the DMWBD. If you should need assistance in obtaining MBE/WBE/VBE certification for possible participation in a contract, please contact the DMWBD at the following web site: http://www.indy.gov/eGov/City/DMWBD/Pages/Home.aspx and click on “MBE/WBE/VBE Program” or call (317) 327-5262. Respondents can view a list of City DMWBD approved MBE/WBE/VBE contractors by going to the web page listed above and clicking on “DMWBD Vendor Profile Application”. 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/WBE/VBE Participation Plan and/or Application for MBE/WBE/VBE Program Waiver regarding MBE/WBE/VBE certification and utilization. Such information may include, but is not limited to the following: (1) Copies of all executed agreements for each MBE/WBE/VBE engaged to satisfy the participation policies, (2) the name and address of the MBE/WBE/VBE, (3) the scope of work to be performed, (4) the dollar value of work to be performed or furnished by each proposed MBE/WBE/VBE subcontractor or MBE/WBE/VBE joint venture partner, (5) acknowledgement and acceptance of the agreement by the MBE/WBE/VBE, and (6) monthly utilization payment reports with each monthly application for payment. While direct participation of MBE/WBE/VBE 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/WBE/VBE 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/WBE/VBEs. Any contractor that does not have MBE/WBE/VBE direct participation shall submit the attached Application for MBE/WBE/VBE 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 MBE/WBE/VBE 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/WBE/VBE participation. If a contractor has only indirect participation, then the Waiver must be submitted for the direct participation and the MBE/WBE/VBE Participation Plan must be submitted for the indirect participation. Failure to provide the MBE/WBE/VBE 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/WBE/VBE Participation Plan before making final determination of the contractor's responsiveness and responsibility.

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MBE/WBE/VBE Participation Plan for Goods and Services RFB / RFQ # RFB / RFQ Name Contractor Name Address City/State/Zip City

Phone (

)

State

FAX (

Zip Code

)

e-mail Please indicate whether this plan is for direct or indirect participation: Direct Participation Plan

Indirect Participation Plan

The following minority/women owned firms will be participating directly in the RFB / RFQ according to the following schedule. (Please note that an Application for MBE/WBE/VBE Program Waiver must be attached if no direct participation is available.) MBE/WBE/VBE

Phone

Email

Contact

Trade

Amount

Please indicate which firms are MBE, which firms are WBE, and which are VBE NOTE: YOU MUST INCLUDE EITHER A COMPLETED “MBE/WBE/VBE PARTICIPATION FORM” AND/OR THE “APPLICATION FOR WAIVER” WITH YOUR SUBMISSION Failure to provide the MBE/WBE/VBE Participation Plan or Application for Waiver at the time of submission will result in the disqualification and rejection of the bid/proposal. IFD – Firefighter Gear Accessories Final – 6/2013 RFB-16DPS-199

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Application for MBE/WBE/VBE Program Waiver for Goods and Services Application for MBE/WBE/VBE Program Waiver is hereby submitted for DIRECT / INDIRECT (circle one or both) participation for the RFB / RFQ listed below. Date of Application

RFB / RFQ #

RFB / RFQ Name Contractor Name City/State/Zip City

Telephone (

)

State

FAX (

Zip Code

)

e-mail Please indicate reason(s) for application below: Unable to locate MBE/WBE/VBE engaged in Unable to secure competitive price in Other good faith efforts. Documentation of good faith efforts shall include the following or written explanation if not applicable. (a) Documentation of any advertising, written notification or both that the contractor performed in search of prospective MBE/WBE/VBEs for the contract in general circulation, trade, and minority-focused media. Please contact DMWBD at: http://www.indy.gov/eGov/City/DMWBD/MBE-WBE-VBE/Pages/Certification.aspx or (317) 327-5262 if you need assistance. (b) Documentation of efforts to research other possible areas of participation, such as suppliers, shipping or transport enterprises, and any other role that may contribute to the production and delivery of the product or service specified (i.e., indirect participation).

MBE/WBE/VBE

Please indicate MBE/WBE/VBE firms contacted below: Type of Attempt Date(s) Attempted

Results

Please indicate which firms are MBE, which are WBE, and which are VBE as well as the names, addresses, and telephone numbers, and email addresses. Attach additional sheets if necessary. Applicant Signature

Date

NOTE: YOU MUST INCLUDE EITHER A COMPLETED “MBE/WBE/VBE PARTICIPATION FORM” AND/OR THE “APPLICATION FOR WAIVER” WITH YOUR SUBMISSION Failure to provide the MBE/WBE/VBE Participation Plan or Application for Waiver at the time of submission will result in the disqualification and rejection of the bid/proposal. IFD – Firefighter Gear Accessories Final – 6/2013 RFB-16DPS-199

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29. Price Sheet All pricing shall be in United States Dollars (USD) Note: Current purchasing laws do not allow the City to enter into a “Cost Plus Percentage of Cost” type contract. Therefore, the City requests that all parts and materials be provided either at a specified discount from the Manufacturer’s Printed Price List or at actual cost. Proper documentation will be required. Item No.

Description

Annual Volume Estimated

Retail Pricing (Catalog)

Discount %

Final Pricing (Each)

CAIRNS STRUCTURAL FIREFIGHTERS HELMET 1.

CAIRNS 1044, 1971-2007 REVISION

500 (Each)

$ ______________

_____%

$ ______________

*No Substitutions* Vendor List Price Discount on Replacement Parts for Cairns 1044 Helmet as Specified Herein CAIRNS STRUCTURAL FIREFIGHTERS HELMET

2.

880 Tradition Chicago Style Fire Helmet

Vendor Discount Yes ___

No ____

Percentage of Discount ___________%

$ ______________ 100 (Each)

$ ______________ _____%

1971-2007 Revision *No Substitutions* Vendor List Price Discount on Replacement Parts for Cairns 880 Helmet as Specified Herein Standard Fire Equipment Bag or City Approved Equal 3.

NOTE: Samples are Required if Quoting Equivalents

Vendor Discount Yes ___

500 (Each)

No ____

Percentage of Discount ___________%

$ ______________

_____%

$ ______________

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Item No.

Description Globe, Traditional, Super Duty Style, Rip-Cord Suspenders or City Approved Equal.

4. NOTE: Samples are Required if Quoting Equivalents

5.

6.

Globe, Padded, Rip-Cord, H-Back Suspenders, GXCEL and Attachments or City Approved Equal. NOTE: Samples are Required if Quoting Equivalents. Protective Hood for Firefighters Majestic Fire Apparel, Inc. Style PAC III and Majestic Material P84

Annual Volume Estimated

300 (Each)

300 (Each)

Retail Pricing (Catalog)

Discount %

$ ______________

Final Pricing (Each)

$ ______________ _____%

$ ______________

800 (Each)

$ ______________

500 (Pair)

$______________

_____%

$ ______________

$ ______________ _____%

*No Substitutions*

7.

Black Diamond Firefighter Boots 6999451 or City Approved Equal. NOTE: Samples are Required if Quoting Equivalents. Firefighter Boots Globe- Structural Series 14 Inch Pull-On Boot, NFPA 1971 and NFPA 1992 Compliant

8.

*No Substitutions*

$ ______________ _____%

$ ______________

(Final Pricing per Pair)

$ ______________ (Final Pricing per Pair)

400 (Pair)

_____%

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Item No.

9.

Description Flashlight Streamlight, Survivor® LED, C4® LED Technology, Rechargeable, Flashlight Model #90503

Annual Volume Estimated

500 (Each)

Retail Pricing (Catalog)

Discount %

$ ______________

Final Pricing (Each)

$ ______________ _____%

*No Substitutions* Streamlight, Survivor® Flash Light Accessories Discount off catalog pricing for flashlight parts and accessories

Vendor Discount Yes ___

No ____

Percentage of Discount ___________%

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30. Extended Price Sheet 30.1.

If awarded an agreement as a result of the pricing proposed herein, will you extend this pricing to political subdivisions in Marion County (and notify Indianapolis Purchasing Division upon initial extension to an additional subdivision)? YES____________

30.2.

NO_______________

If awarded an agreement as a result of the pricing proposed herein, will you extend this pricing to political subdivisions in adjoining counties (and notify Indianapolis Purchasing division upon initial extension to an additional subdivision)? YES____________

NO_______________

[Political subdivisions include cities, towns, school corporations, and county governments. If you mark YES you are agreeing that you are willing to extend your proposed pricing to any of these entities if they wish to purchase from any resulting Agreement.] 30.3.

Will there be a freight differential required to extend pricing to political subdivisions outside Marion County? YES____________

30.4.

NO_______________

Will you agree to provide upon request but not more than quarterly, a report to the City of Indianapolis that would include the names of; a. any participating political subdivisions and b. item descriptions and quantities purchased per subdivision? YES____________

NO_______________

30.5.

The City of Indianapolis DOES NOT accept responsibility for purchase orders issued by other political subdivisions.

30.6.

All political subdivisions must be willing to accept all items(s) as described in the specifications without any change or alteration, no matter how minute, once accepted by the City of Indianapolis.

(The rest of this page left intentionally blank.)

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31. Exception Sheet Please list and explain any exceptions to the specifications and terms of the Invitation. Please note that the taking of an exception may cause your response to be deemed “non-responsive” if it is determined to be a material variance.

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Check List for Bid Submittal

□ Sign Bid Document(s). □ Sign and notarize an Affidavit of Non-collusion. □ Vendors are responsible for checking the web site at www.indy.gov/purch for any addenda issued. By signing the Bid document(s), the vendor acknowledges any and all addenda issued.

□ Include with the Bid forms any other documents that may be

requested

per the specifications.

□ Your Bid may contain a “Minority, Women's or Veteran’s Business Enterprise Participation Plan for Goods and Services”. If included in the Bid, an “MBE/WBE/VBE Participation Plan Form” “Application for Waiver” must be included with your submission.

or

Failure to provide a completed MBE/WBE/VBE participation plan or application for waiver at the time of submission will result in a nonresponsive Bid.

□ Bid documents must be submitted in a sealed envelope. (Note:

Larger the

document packages may be submitted in a suitable sealed box) On front of the envelope or box include the following; the bidding or quoting company’s name the bidding or quoting company’s complete correspondence address the date of the Bid opening and the Bid number (example: RFB – 00001234).

Bid Checklist