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HomeMy WebLinkAboutGear Wash Oshkosh Fire Dept 2019 , 3y �2 • Gear Wash ORIGINALESTIMATE/QUOTE Number: 11013 657 S. 72nd Street Date: 3/27/2019 Milwaukee,WI 53214 Expires: 5/8/2019 Phone: 866-657-0111 Representative: GEAR WASH Fax:414-918-4727 Reference: www.gearwash.com PPE SAFETYCARE PROGRAM - PREPARED FOR ANNUAL CARE &MAINTENANCE Oshkosh Fire Department 1/Mike Rutter 101 Court Street Oshkosh, WI 54901 PROPOSAL ITEMS Item Description QTY Price Amount • SQ1001 PPE SafetyCare Program-Advanced Cleaning, Inspection& Repair, Per 106.0 $150.00 $15,900.00 Jacket& Pant Set: Subtotal $15,900.00 TERMS&CONDITIONS ANNUAL SERVICE AGREEMENT This agreement,by and between Customer and Gear Wash for services to be provided to Customer by Gear Wash and is as follows: 1. Term and renewal.The term of this agreement shall be for a period of twelve(12)months as of the Effective Date below. 2. SERVICES AND TERMS. Gear Wash and its affiliates shall provide cleaning and repair services for Customer's protective garments that where applicable meet federal, manufacturer and industry accepted standards, including the National Fire Protection Association (NFPA) standard 1851 version, in effect as of the Effective Date of this Agreement. Materials and equipment used for these services shall not violate Federal or State laws or void any manufacturer warranty. Additional services and terms as listed in Exhibit A below are a part hereto this Agreement. 3. FEES AND PAYMENT. Gear Wash shall assess fees per the quoted fees above and the then current price at the time of service less any discount listed below, if applicable, as per Exclusions in Exhibit A. Payment by Customer for all invoices shall be made on a Net Thirty (30) basis from the date of the invoice. Invoices over 30 days past due may be charged a finance fee of 1.5%per month and 18%per annum. 4. MINIMUM SETS: Customer agrees to have Gear Wash service the minimum number of turnout sets (jacket and pant) listed below during the term of this Agreement. 4. INSURANCE. Gear Wash and its operating affiliates will maintain in effect, sufficient business insurance to cover Customer's property that may be damaged,lost or stolen while in the possession of Gear Wash or its affiliates. 5. REPAIRS. All repairs completed by Gear Wash will be undertaken in a good and workmanlike manner to Customer's satisfaction, which shall be deemed to have occurred if the repaired protective garment is not returned to Gear Wash within 5 days after receipt by the Customer. Except for the foregoing, the Customer agrees that Gear Wash provides no warranty or certification, express or implied, on the repairs. The Customer agrees that any repairs undertaken by Gear Wash do not impose any liability on Gear Wash to Customer, its employees or any third party using the protective garment should the protective garment fail to perform its function. The repair work shall not be deemed to renew, extend, modify, or affect in any manner whatsoever any manufacturer warranty which may be in effect or which may have existed in respect of the protective garment. 6. NO WARRANTIES. Gear Wash makes no warranties or representations, express or implied as to the fitness or suitability of Customer's protective garments for any purpose. Further, Gear Wash makes no warranties or representations, express or implied that Customer's protective garments have been recertified by any entity as a result of any repairs or maintenance undertaken by Gear Wash. 7. Limitation of Liability. The maximum liability of Gear Wash to Customer shall be the amounts paid by Customer to Gear Wash during the six months of this agreement which predate the event giving rise to any alleged liability of Gear Wash to Customer. 8. JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without application of choice of law principles. All disputes arising hereunder shall be resolved in state or federal courts located in Milwaukee County, Wisconsin,to which jurisdiction the parties hereto irrevocably consent. 9. FORCE MAJEURE. Neither party shall be liable in damages or have the right to terminate this agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions,wars,insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 10. Dispute Resolution. The parties agree that in the event of a dispute under this agreement that they will engage in mediation of any such disputes prior to commencing an action in the Milwaukee County Circuit Courts or in the United States District Court for the Eastern district of Wisconsin. Either party may demand mediation in writing with any such demand to be addressed to the party at the address set forth above. The parties agree to act in good faith with regard to any such mediation which will be conducted in Milwaukee County and to mutually select and agree on a single mediator whose expenses shall be split evenly between the parties. If the parties cannot mutually agree upon a single mediator within thirty (30) days of a written demand for mediation they agree that Resolute Systems, Inc., in Milwaukee, Wisconsin shall assign the mediator to conduct the mediation. 11. Termination. Gear Wash may terminate this agreement in the event Customer fails to pay any invoices when due or in the event the Customer skips an agreed cycle of servicing during the term of this agreement. In the event Gear Wash decides to terminate this agreement it shall give written notice to Customer of its intent to terminate the agreement and Customer shall have 30 days after within which to pay any past due invoices and finance charges to avoid termination. Customer may terminate this agreement provided Customer gives Gear Wash written notice of its intent to terminate along with a detailed description of the lack of dissatisfaction giving Gear Wash 30 days within which to cure. 12. CONFIDENTIALITY. The terms of this agreement shall remain confidential and will not be disclosed to any third party other than either party's legal representative or is otherwise necessary to comply with state or federal laws. 13. EFFECTIVE DATE: 5/1/2019 14. MINIMUM TURNOUT SETS PER ANNUM: 106 SETS 15. NON-COVERED ITEM PRICE LEVEL:10%DISCOUNT EXECUTED BY: CUSTOMER CITY OF OSHKOSH("CITY") Recommended by Mike Stanley,Fire Chief dill — '___100 r: JN 'ohloff,City = -• i� Pamela R.Ubrig,City Clerk ,fir Trena Larson,FW6nce Director / `( Lynn A.Lorenson,City Attorney Date: GEAR WASH,LLC ,R tchzu - Dom. Authorized Signatory/Officer. President Date: 3/27/2019 EXHIBIT A SERVICES INCLUDED:The following services are included in the pricing for this Agreement: Annual Advanced Cleaning Annual Advanced Inspection Annual Advanced Repair Warranty Repair Processing Scheduled Route Pickup and Delivery included with ten(10)sets per pickup Responder Clean Solutions-20%discount on all products SERVICE EXCLUSIONS:The following services are excluded in the pricing for this Agreement: Special Situation Decontamination Cleaning. Advanced Cleaning of other Turnout Ensemble items,accessories and optional Items not listed in the pricing. Class 1,2 and 3 Harness,belt and other optional ensemble items. Alterations and customization. Replacement components,parts and options. Repair of Non-Standard Multi Compartment Bellow Pockets. Replacement of manufacture specific components and parts. Biological&heavy contaminate decontamination cleaning. CBRN or other damage beyond the design limits of the garment. Catastrophic damage due to an event that makes the garment unsafe. Damage due to use other than fire fighting related work.