HomeMy WebLinkAbout(0048) Chastang-Enterprises-Houston.pdfDocuSign Envelope ID: A1B37334-2B35-4295-AF7A-7011C20C1333
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Chastang Enterprises -Houston, LLC - Public Services - - 20-01043
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston -Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and Chastang Enterprises -Houston, LLC, hereinafter referred to as the
Contractor, having its principal place of business at 6200 North Loop East, Houston, TX 77026.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
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The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Oct 012020 and ends Sep 30 2022.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor's ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
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off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period, but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third -party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
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H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) if the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof, or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 0) any other nondiscrimination provisions in any specific statute(s)
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applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result
of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
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END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODU
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
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SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Chasta - oocuSigned by:' T3ouston, LLC
PaJAAk hiUJ-r H-GAC �ocu5igned by:
Signature
E3AOB4&OB015458... Slgnatur ✓�
Name Daniel R Miller 82EC270ND31423...
Name Chuck Wemple
Title VP Sales
Date 10/19/2020
Title Executive Director
Date 10/21/2020
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H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - Chastang Enterprises -Houston, LLC - Public Services - 20-01043
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS ("EUA")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
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benefits, or terms to H-GAC and the END USER.
EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
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Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
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Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
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Attachment A
Chastang Enterprises Houston LLC
Ambulances, EMS & Other Special Service Vehicles
Contract No.: AM10-20
DD. 10-75 Emergency Vehicles
**These units can be sold both inside and outside Texas**
B. Light/Medium Rescue Vehicle
AM20DDB0l
10-75-FRV-7AF-F Fast Response Vehicle, Single Rear Wheel, 7'
Aluminum Formed Body, Ford F350, Front Console, LED Lighting
$ 128,000.00
Packaize
AM20DDB03
10-75-FRV-8AF-F Fast Response Vehicle, Single Rear Wheel, 8'
Aluminum Formed Body, Ford F350, Front Console, LED Lighting
$ 130,960.00
Packaize
AM20DDB06
10-75-FRV-9AF-FD Fast Response Vehicle, Dual Rear Wheel, 9'
Aluminum Formed Body, Ford F550, Front Console, LED Lighting
$ 138,960.00
,Package
AM20DDB07
10-75-FRV-9SF-FD Fast Response Vehicle, Dual Rear Wheel, 9'
Steel Formed Body, Ford F550, Front Console, LED Lighting
$ 135,960.00
,Package
AM20DDB08
10-75-FRV-9AE-FD Fast Response Vehicle, Dual Rear Wheel, 9'
Aluminum Extruded Body, Ford F550, Front Console, LED Lighting
$ 141,460.00
,Package
AM20DDB09
10-75-FRV-IOSF-FD Fast Response Vehicle, Dual Rear Wheel, 10'
Steel Formed Body, Ford F550, Front Console, LED Lighting
$ 137,560.00
,Package
AM20DDBlO
10-75-FRV-IOAE-FD Fast Response Vehicle, Dual Rear Wheel, 10'
Aluminum Extruded Body, Ford F550, Front Console, LED Lighting
$ 145,760.00
Package
AM20DDBll
10-75-FRV-I2AF-FD Fast Response Vehicle, Dual Rear Wheel, 12"
Aluminum Formed Body, Ford F550, Front Console, LED Lighting
$ 144,960.00
Package
AM20DDB12
10-75-FRV-I2SF-FD Fast Response Vehicle, Dual Rear Wheel, 12'
Steel Formed Body, Ford F550, Front Console, LED Lighting
$ 142,460.00
Package
AM20DDB13
10-75-FRV-12AE-FD Fast Response Vehicle, Dual Rear Wheel, 12'
Aluminum Extruded Body, Ford F550, Front Console, LED Lighting
$ 150,760.00
Package
AM20DDB14
10-75-MAB-BB Medical Ambulance Bus Patient Transport
$ 420,000.00
C. Other Specialty Vehicle or Equipment
AM20DDC01
1075-SUV-COM-EXMAX Ford Expedition MAX, Command
Vehicle, Console, Rear Command Cabinet, LED Lighting Package
$ 62,200.00
AM20DDCO2
1075-SUV-COM-EX Ford Expedition, Command Vehicle, Console,
$ 59,200.00
Rear Command Cabinet LED Lighting Package
AM20DDC05
1075-SUV-ERS-EXMAX Ford Expedition MAX, EMS Response
Vehicle, Console, Rear Storage Cabinet, LED Lighting Package
$ 63,100.00
AM20DDC06
1075-SUV-ERS-EX Ford Expedition, EMS Response Vehicle,
$ 60,100.00
Console Rear Storage Cabinet LED Lighting Package
AM20DDC09
1075-PU-COM-F Ford F350, Command, Console, Rear Cap Topper,
Rear Slide Out Command Center, LED Lighting Package
$ 67,000.00
AM20DDC12
1075-PU-ERS-F Ford F350, Response Vehicle, Console, Rear Cap
$ 65,000.00
Topper, Rear Slide Out Storage Vehicle, LED Lighting Package
DocuSign Envelope ID: A1B37334-2B35-4295-AF7A-7011C20C1333
AM20DDC15
1075-PU-WP-F Ford F350, Composite Insert Responder Vehicle,
$ 70,000.00
LED Li htin Package
AM20DDC18
1075-PU-EL-F Ford F350, Composite Body Responder Vehicle,
$ 72,500.00
LED Li hting Package
Braun Northwest
B. Light/Medium Rescue Vehicle
AM20CB01
North Star - Fire Rescue - Ford F550 4x4 Crew Cab - Diesel Engine -
116"L x 94"W
$ 149,949.00
AM20CB02
North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine
- 116"L x 94"W
$ 145,337.00
AM20CB05
North Star - Fire Rescue - Ford F550 4x4 Crew Cab - Diesel Engine -
147"L x 94"W
$ 153,989.00
AM20CB06
North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine
- 147"L x 94"W
$ 149,381.00
AM20CB09
North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine
- 167"L x 94"W
$ 153,467.00
AM20CB11
North Star - Fire Rescue - Ford F550 4x4 Regular Cab - Diesel Engine
- 192"L x 94"W
$ 160,438.00
C. Other Specialty Vehicle or Equipment
AM20CC0l
North Star - Prisoner Transport - Ford E350 - Gas Engine - 143"L x
94"W x 57HR
$ 100,893.00
AM20CCO2
North Star - Prisoner Transport - Ford F350 4x4 - Diesel Engine -
143"L x 94"W x 57"HR
$ 119,345.00
AM20CC03
North Star - Prisoner Transport - Ford F450 4x2 Regular Cab - Diesel
Engine - 191"L x 94"W x 73"HR
$ 154,221.00
AM20CC04
North Star - Prisoner Transport - Ford F550 4x2 - Regular Cab -
Diesel Engine - 197"L x 94"W x 73" HR
$ 161,136.00
AM20CC06
North Star - Prisoner Transport - Ford F650 4x2 - Super Cab - Diesel
Engine - 197"L x 94" W x 73"HR
$ 186,709.00
AM20CC08
North Star - EOD Command - Ford F550 4x4 - Regular Cab - Diesel
Engine - 191"L x 94" W x 80" HR
$ 199,358.00
AM20CC10
North Star - SWAT Command - Ford F550 4x4 - Regular Cab - Diesel
Engine - 192"L x 94" W x 80" HR
$ 163,988.00
AM20CC11
North Star - Hazardous Materials Command - Ford F550 4x4 -
Regular Cab - Diesel Engine - 189"L x 94" W x 72" HR
$ 200,223.00
AM20CC12
North Star - Crime Scene Command - Ford F350 4x4 - Diesel Engine -
147"L x 94"W x 72"HR
$ 170,399.00
AM20CC13 lNorth
Star - Mobile Command - Ford F650 4x2 - Diesel Engine -
196"L x 94"W x 76"HR
1 $ 206,618.00
GG. ENG Mobile Systems
B. Light/Medium Rescue Vehicle
AM20GGB0l
ENG-LRSQ-WA-F9: Custom response unit on a Ford F550, diesel
$181,366.72
with a 9' walk around aluminum body w/7 compartments
ENG-LRSQ-WI-F9: Custom response unit on a Ford F550, diesel
$204,438.15
AM20GGB02
with a 9' walk in aluminum body w/6 compartments and rear entry
door
AM20GGB07
ENG-MRSQ-WA-F16 Custom response unit on a Ford F650, diesel,
with a 16' walk around aluminum body w/9 compartments
$297,531.43
ENG-MRSQ-WI-F 16 Custom response unit on a Ford F650, diesel,
AM20GGB08
with a 16' walk in aluminum body w/8 compartments and rear entry
$331,151.43
door
AM20GGB13
ENG-LE-F9 Tactical utility response unit on a Ford E350, gas, 9'
steel body, 6 compartments, insulated interior, HVAC, benches and
$162,644.03
work
DocuSign Envelope ID: A1B37334-2B35-4295-AF7A-7011C20C1333
C. Other Specialty Vehicle or Equipment
AM20GGC04
ENG-SUV-RE1 Response Expedition 4X4, Control console, exterior
$127,431.60
lighting and rear storage system
AM20GGC05
ENG-PRU-F Response unit based on a Ford F250 pickup with
emergency equipment, bed cover and pull out rear equipment system.
$114,561.18
AM20GGC08
ENG-VAN-MPV-F Multi purpose Ford Transit for crime scene,
command and communications and other public safety missions.
$128,218.82
AM20GGC13
ENG-VAN-LAB-F "MobiLab" Ford Transit, lab interior finishing
and furnishings, power system and instrument integration
$132,770.00
AM20GGC16
ENG-VAN-MED-F Ford Transit for Medical Outreach, clinical
interior finish, power, interview, administration and/or exam areas
$230,884.71
AM20GGC18
ENG-BT-MPT-F Multi purpose commercial body Ford F550 for
crime scene, command and communications and other public safety
$250,154.12
missions.
AM20GGC24
ENG-BT-MPV-F Multi purpose large van body Ford chassis for crime
scene, command and communications and other public safety
$291,625.88
missions.
AM20GGC26
ENG-BT-MPRV-F Multi purpose RV style body on Ford chassis for
mobile outreach, command and communications, lab and other
$521,428.57
missions.
AM20GGC27
ENG-BT-LAB-F "MobiLab" Ford chassis, commercial body, lab
interior finish and furnishings, power system and instrument
$205,880.00
integration
G. FastLane Emergency Vehicles
B. Light/Medium Rescue Vehicle
AM20GB01
XMR-108-F450 Light Rescue, Ford F450, 9ft walk around body, 7-
$ 104,106.58
com artments w/ LED light package.
AM20GB02
XMR-108-F550 Light Rescue, Ford F550, 911 walk around body, 7-
$ 105,106.58
com artments w/ LED light package.
AM20GB03
XMR-132-17550 Light Rescue, Ford F550, 1 lft walk around body, 7-
$ 119,905.57
compartments w/ LED light package.
C. Other Specialty
Vehicle or Equipment
AM20GC01
FL-SUV-C-EEL Ford Expedition MAX, Command Unit, Console,
$ 62,962.53
Rear Command Cabinet LED Lighting Package
AM20GCO2
FL-SUV-C-EXP Ford Expedition, Command Unit, Console, Rear
$ 60,511.94
Command Cabinet LED Lighting Package
AM20GC05
FL-SUV-E-EXE Ford Expedition MAX, EMS Response Unit,
$ 62,706.53
Console Rear Storage Cabinet LED Lighting Package
AM20GC06
FL-SUV-E-EXP Ford Expedition, EMS Response Unit, Console,
$ 60,830.18
Rear Storage Cabinet LED Lighting Package
AM20GC09
FL-FPU-C Ford F350, Command, Console, Rear Cap Topper, Rear
$ 61,668.96
Slide Out Command Center LED Lighting Package
AM20GC12
FL-FPU-R Ford F350, Response Unit, Console, Rear Cap Topper,
$ 57,363.62
Rear Slide Out Storage Unit LED Lighting Package
AM20GC19
FL-MARC-17350 Ford F350, Mobile Aluminum Remountable
$ 87,332.55
Command vehicle with LED Lighting Package
AM20GC22
FL-SIB-17350 Ford F350, Slide In Fiberglass Body Responder Unit, $ 65,658.78
LED Lilzhting Package
J. General Truck Body
C. Other Specialty
Vehicle or Equipment
AM20JC01 Tapid
Response on Ford F150 Interceptor
47,987
AM20JCO2
I Rapid Response Unit on Ford F250
45,979
DocuSign Envelope ID: A1B37334-2B35-4295-AF7A-7011C20C1333
AM20JC04
Rapid Response Unit on Ford F350
47,887
AM20JC08
HWR HD Ford F750 4x4 High Water rescue
169,675
AM20JC09
EVS COMMAND/RESCUE EXPEDITION SSV
55,995
AM20JC10
EVS COMMAND/RESCUE EXPLORER INTERCEPTOR AWD
48,993
AM20JCll
Rapid Response Truck on a Ford Transit Connect Chassis
29,797
AM20JC12
Rapid responst Unit on a Ford Transit
34,997
AM20JC22
Response Command Vehicle F250
81,687
AM20JC23
Response Command Vehicle on F350
83,996
AM20JC30
I Rapid Response on an F150 SSV
42,488