Loading...
HomeMy WebLinkAboutRental Agreement with Idaho Department of Lands for Fire Equipment EMERGENCY EQUIPMENT RENTAL AGREEMENT 1. ORDERING OFFICE (name and address) Idaho Department of Lands Southwest Area FPD 8355 W State Street Boise, Idaho 83703 AGREEMENT NUMBER MUST APPEAR ON ALL PAPERS RELATING TO THIS AGREEMENT 2 AGREEMENT NUMBER IDL-61Q..lJE"r029 4. CONTRACTOR a. name and address Meridian Fire Department 540 EFranklin Meridian, Idaho 83642 3. EFFECTIVE DATES a. beginning 06101106 I b. ending 12131/06 5. POINT OF HIRE (location when hired) Boise 10 6. THE WORK RATE IS BASED ON ALL OPERATING SUPPLIES BEING FURNISHED BY o CONTRACTOR I:8l GOVERNMENT b. E1NfSSN: 82-6000225 b. telephone number (day) d. telephone number (night) 208.888-1234 FAX 208.895-0390 3n-7351 Dispatch 8. TYPE OF CONTRACTOR ("X" appropriate boxes) o SMALL BUSINESS 0 LARGE BUSINESS 0 SMALL DISADVANTAGED ONNER 7. OPERATOR FURNISHED BY 121 CONTRACTOR o GOVERNMENT o WOMEN ONNEn D LABOR SURPLUS AREA 121 OTHER 9. ITEM DESCRIPTION Onclude make, model, year, serial number and accessories) a. Structural Engine l,vcc' E2 1986 Ford,10oog., 500gpm pump, Foam: SN:-FDRI<84N8GVA48266 ' Uc.# MFD 306 5:11/; I FD R J< 8 4 N' 3.9:> V A LJ g ;L). (0 b. C.':'iYl.M/~.lJ i) L,/<.'h.;~(c. . 9.,C()/ /=::,,-0 ~XPF-DI'hGiV 4/0..{ .!;~'; I FM PI...L.1 fcLX J LA '7ct q J...1c L i G. Ii: ,11 F 1-') 3 0S c. 10. NUMBER OF OPERATORS 11. WORK OR DAILY a.rate b.un~ 12. SPECIAL a. rate b. unit 13. GUARANTEE . (B or mare hours) NA 3 Un $92.00 $1.291 $1.614 operated hr dayl1 shift dayl2 shifts NA NA d. e. 1. g. 14. SPECIAL PROVISIONS Un-oDerated:. A Fire Service Organization with equipment hired at the un-operated rate, with salaried employees, will submit an invoice for personnel time. IOL will reimburse the FSO for actual payroll costs, including benefits, for resources assigned to an incident No other administrative or backfill costs will be allowed. Original payment packages are to be returned to the Idaho Department of Lands for audit and payment as stated in the Interagency Incident Business Management Handbook, 51.1 Exhibit 02, under Fire Service Organizations. Wildland fire response. For initial attack within the FSO District or mutual response zone, tflere will be no payment to the FSO resource for the first four (4) hours of use. If an FSO resource is needed beyond the four hour period, or for a dispatch outside the DistricUmutual response zone, the FSO resource order shall be requested through the wildland agency's dispatch center and confinned through IOL or SrrPA for billing purposes. Only apparatus listed on the current EERA may be hired. tJ/fz1 tP f Ae.ht;{/a..;...... ",\\111IIIllII111 15. CONTRA~Tt5R'F R"Jro'FHORIZED AGt:I~' TGlE t'!i.r ~ 17. CONTRACTING OFFICER'S SIGNATURE .J ...' ,,"'" _ . ~". J" ..... Jtt;... "" ./Y./ ///./ .J.A.~" c}~'p(L~ !1.tI~ 19. P~T NAME AND m~E J~ J ~/f I n~~ _ '0 \ ~. PRINT NAME AND TITLE Rorr;'~f!~~:z~ tJ{ tL vv'l e.f-~ ~ / '"Q~ ~.t ;urt Houston Fire Warden, SWI Il'Jkf.f.4l: J(fa-;;5~~__ (~~~ ...R J NSN 7540-01-121.s825' or 4 b Y<YJ~ 'Sr --1, 'i:..J)..5? A PREVlOUSEDITIONNOTUSA8LE ~ '[;1"'1) ~ t.>. 1l:J... ~,~-(,-t'b J............ 01")/. ..., \b \"..... Ilil/rL ~Nll f \,\\\ 11lill/ rlllll\\\\ 18. DATE OPTIONAL FORM 294 (REV.8--90) USDAlUSOI S0294-1l1< 1. ORDERING OFFICE (name and address) AGREEMENT NUMBER MUST APPEAR ON AlL PAPERS Idaho Department of Lands RELATING TO THIS AGREEMENT Southwest Area FPD 2, AGREEMENT NUMBER IDL-a10-0EH)29 8355 W State Street Boise, Idaho 83703 3. EFFECTIVE DATES I b, a. beginning 06101/06 ending 12131/06 4. CONTRACTOR a. name and address 5. POINT OF HIRE (location when hired) Meridian Fire Department Boise 10 540 E Franklin 6. THE WORK RATE IS BASED ON ALL OPERATING SUPPLIES Meridian, Idaho 83642 BEING FURNISHED BY o CONTRACTOR I8l GOVERNMENT b. EIN/SSN: 82-6000225 b. telephone number (day) d. telephone number (night) 7. OPERATOR FURNISHED BY 208-888--1234 FAX 208-895-0390 3n-7351 Dispatch 181 CONTRACTOR o GOVERNMENT 8. TYPE OF CONTRACTOR ("X- appropriate boxes) o SMALL BUSINESS o lARGE BUSINESS 0 SMALL DISADVANTAGED CWNER o WOMEN (MINED 0 LABOR SURPLUS AREA 1:81 OTHER 9. ITEM DESCRIPTION 10. NUMBER OF 11. WORK OR DAILY 12. SPECIAL 13. GUARANTEE (include make, model, year, serial number and accessories) OPERATORS a.rate b.unit a.rate b.unit . (8 or more hours) a. Structural Engine ~/G'C(' E2 3 Un operated NA NA NA 1986 Ford,1000g., 500gpm pump, Foam: $92.00 hr SN:-FDRKB4N8GVA48266- $1,291 day/1 shift Uc.# MFD 306 Q' $1.614 daya shifts SA!; I FDRi<P,4N'3.-;)VA yrJ),). &: b. c..:.,n. i"iJ~.II;) './<.'h.,'~( ~. . . I :).col i=G,.D EXPF-DI'hGM t./x4. .!;t..:~ IFMpCLI tcLX/LA 70Q}..fc L r c.. tf: II'] F D 3 iuS c. d. e. f. g. 14. SPECIAL PROVISIONS Un-ooerated: A Fire Service Organization with equipment hired at the un-operated rate, with salaried employees, will submit an invoice for personnel time. IDL will reimburse the FSO for actual payroll costs, including benefits, for resources assigned to an incident No other administrative or backfill costs will be allowed. Original payment packages are to be returned to the Idaho Department of Lands for audit and payment as stated in the Interagency Incident Business Management Handbook, 51.7 Exhibit 02, under Fire Service Organizations. Wildland fire response. For initial attack within the FSO District or mutual response zone, there will be no payment to the FSO resource for the first four (4) hours of use. If an FSO resource is needed beyond the four hour period, or for a dispatch outside the DistricUmutual response zone, the FSO resource order shall be requested through the wildland agency's dispatch center and confirmed through IDL or SITPA for billing purposes. Only apparatus listed on the current EERA may be hired. 15. CONTRACTOR'S OR AUTHORIZED AGENT'S SIGNATURE 16. DATE 17. CONTRACTING OFFICER'S SIGNATURE 18. DATE 19. PRINT NAME AND TITLE 20. PRINT NAME AND TITLE Ron Anderson. Fire Chief Kurt Houston. Fire Warden, SWI EMERGENCY EQUIPMENT RENTAL AGREEMENT NSN 7540-01.121-a825 PREVIOUS EDmON NOT USABLE OPTIONAL FORM 294 (REV.S-OO) USDAlUSDI !AJ29.4.104 Form W..9 (Rev. December 2000] Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. 6 DEPT III c.. ~ 5 E '0:: Check appropriate box: c.. III '" '" Ql a:: Business name. if different from above. (See Specific Instructions on page 2.) o IndividuaVSole proprietor o Corporation 0 Partnership tsti Other ... _~\lf::'t"D~___..__. Requester's name alld address (optional] \J \ '0 'l, =2>1o~ d--- Tax a er Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 2. For other entities, it is your employer identification number (EIN). IF you do not have a number, see How to get a TIN on page 2. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. ~ or List account number[s) here (optional) For U.S. Payees Exempt From Backup Withholding (See the instructions on page 2.) Certification Under penalties of perjury. [ certify that: 1. The number shown on this Form is my correct taxpayer identification number (or I am waiting For a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withhOlding as a result of a failure to report all interest or dividends, or (cl the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instruction on page 2.) Sign Here Purpose of Form A person who is required to an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid. acquisition or abandonment of secured property. c;mc!)!!a~ion of debt, or contributions yo!.! made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and. when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar CD this Form W.9. What is backup withholding? Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called "backup withholding," Payments that may be subject to backup withholding inClude interest, dividends, broker and barter exchange transactions, rents. royalties, nonemployee pay. and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper certificatlons, and report all your taxable interest and dividends on your tax return, paymellts you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not fumish your TIN to the requester, or 2. You do not certiFy your TIN whell required (see the Part III instructions on page 2 for details), or 3. The IRS tells the requester that you furnished an incorrect TI N, or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only). or c:< Date ... 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 For each such failure ullless your failure is due to reasona ble cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a False statement with no rea sonable basis that resu Its in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or Imprisonment Misuse of TIN s. IF the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil a nd criminal penalties. Cat. No. 10231X Form W-9 (Rev. 12.2000) The following clauses shall be applied to the administration and enforcement of EERA's GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENfAL AGREEMENT FORM OF-294 (11-30-2004) Since the equipment needs of the Government and availability of Contractor's equipment during an emergency cannot be detennined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the equipment listed herein to the extent the Contractor is willing and able at the time of order. The following persOlmel are authorized to place orders against this agreement, Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement Unit Leaders, Contracting Officers and Purchasing Agents. . At tme of dispatch, a resource order nuriilJeiwlll be ilsslgned. The Contractor . shall furnish the assigned resource order number upon arrival and checkin at the incident. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement. Equipment furnished under this agreement may be operated and subjected to extreme environmentalandJor strenuous operating conditions which could include but are not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the Contractor agrees that what is considered wear and tear under this agreement is in excess of what the equipment is subjected to under nonnal operations and is reflected in the rates paid for the equipment. When such equipment is furnished to the Government, the following clauses shall apply: CLAUSE 1. Condition of Equipment - All equipment furnished under this agreement shall be in acceptable condition. The Government reserves the right to reject equipment that is not in safe and operable condition. The Government may allow the Contractor to correct deficiencies within 24 hours. No payment for travel to an Incident or point of inspectio~ or return to the point of hire, will be made for equipment that does not pass inspection. No payment will be made for time that the equipment was not available. CLA USE 2. The time under hire shall start at the time the equipment begins traveling to the incident after being ordered by the Government and end at the estimated time of arrival back to the point ofhire after being released, except as provided in Clause 7 of these General Clauses. CLAUSE 3. Operating Supplies - As identified in Block 7, operating supplies include fuel, oil, filters, lube/oil changes. Even though Block 7 may specify that all operating supplies are to be furnished by the Contractor (wet), the Government may, at its option, elect to furnish such supplies when necessary to keep the equipment operating. The cost of such supplies will be determined by the Government and deducted from payment to the Contractor. CLAUSE 4. Repairs - Repairs to equipment shall be made and paid for by the Contractor. The Government may, at its option, elect to make such repairs when crew(s) is/are ordered in writing for the second shift. 3) Agency personnel at the Section Chief Level may, by resource order, authorize a second operator or crew (Double Shift), if needed during the assignment. b. Method of Payment. Lump-sum payment will normally be processed at the end of the emergency assignment. However, partial payment may be authorized as approved by the incident agency. Payment for each calendar day will be made for (1) actuall.ll1its ordered and perrormed under Work or Daily, shift basis and/or Special rates or (2) the guarantee earned, whichever is the greater amount. CLAUSE 7. Exceptions. a. Daily Rate or Guarantee - No further payment under Clause 6 will accrue during any period that equipment under hire is not in a safe or operable condition or when Contractor furnished operator(s) is not available for the assigned shift or portions of the assigned shift. Payment will be based on the hours the equipment was operational during the assigned shift, as documented on the shift ticket versus the designated shift, as shown on the Incident Action Plan. b. lfthe Contractor withdraws equipment and/or operator(s) prior to being released by the Government, no further payment under Clause 6 shall accrue and the Contractor shall bear all costs of returning equipment and/or operator(s) to the point of hire. c. After inspection and acceptance for use, equipment and/or furnished operator(s) that cannot be replaced or equipment that cannot be repaired at the site of work by the Contractor or by the Government in accordance with Clause 4, within 24 hours, may be considered as being withdrawn by the Contractor in accordance with Paragraph B above, except that the Government will bear all costs of returning equipment and/or operator(s) to the point of hire as promptly as emergency conditions will allow. d. No payment will accrue under Clause 6 when the contractor is off shift in compliance with the mandatory ..WorklRest" and "Length of Commitment" provisions. As an option to rotating personnel, or taking a mandatory day off without pay, the Contractor may be released from the incident. CLA USE 8. When Government subsistence incident camps are available, meals and bedding for Contractor's operator(s) will be furnished without charge. Government will furnish meals and lodging without cost ifhotellrestaurant subsistence is the approved camp for incident personnel Double occupancy of hotel rooms may be required. Contractors are not paid per diem or lodging expenses to and from incidents. CLAUSE 9. Loss, Damage, or Destruction. a. For equipment furnished under this EERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to: (1) ordinary wear or CLAUSE 14. CLAIM SETTLEMENT AUTHORITY. For the purpose of settling claims, the successor Contracting Officer is any Contracting Officer acting within their delegated warrant authority, under the clauses of this agreement, and limits set by the incident agency. CLAUSE 15. CHANGES TO EMERGENCY EQUIPMENT RENTAL AGREEMENTS. Changes to Emergency Equipment Rental Agreements (EERA's), OF-294 may only be made by the original signing procurement official. If the original signing procurement official is not available and adjustments are deemed appropriate, a new EERA shall be executed at the incident and sllilll be appp:~ableo-'cllYfQ.rthe duration of that incident. The agreement will inClude nmne and location of the incident. CLAUSE 16. FIREARM - WEAPON PROIDBITION. The possession of firearms or other dangerous weapon (18 USC 930 (t)(2) are prohibited at all times while on Government property and during perfonnance of services, under this agreement. The term dangerous weapon does not include a pocket knife with a blade less than 2~ inches in length or a multipurpose tool such as a leatherman. CLAUSE 17. WORK REST and LENGTII OF ASSIGNMENT: The Contractor is required to follow the work rest guidelines as established by the NWCG. Refer to website for the guidelines: www.nwcg.gov CLAUSE 18. HARRASSMENT FREE WORKPLACE. Contractors shall abide by "U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order EO-93-05, Secretary's Memorandum 4430-2 Workplace Violence Policy, and Harassment Free Workplace (29 CPR Part 1614)". Regulations can be found at www.gpoaccess.gov/ CLAUSE 19. Definitions. 11Ie following definitions for Block 8 of the EERA are added: Infonnation about business size is collected for tracking purposes only. a SMALL BUSINESS is one that is independently owned and operated and is not dominate in the field for which it is being signed up, subject to the following size standards: (1) Motorcar and Truck Rental Without Operator - average annual receipts for its preceding 3 fiscal years do not exceed 12.5 millio14 (2) Equipment Rental With Operator - average annual receipts for its preceding 3 fiscal years do not exceed 3.5 million. b. SMALL DISADV AN[ AGED-OWNED BUSINESS is a small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least 51 percent of its stock unconditionally owned. by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals. (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (Ui) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Pa~nt(Oct 2003). (v) 52-233-1, Disputes (July 2(02). (vi) 52.244-6, Sulx:ontracts for Connnercial Items (Dec 2(04). (vii) 52.253-1, Computer Generated Forms (Ian 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (June 2004) (E.O. 13126). (Applies to contracts for supplies exceeding the micropurchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.c. 35-45). (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (ill) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dee 2001) (38 U.S.c. 4212) (Applies to contracts of $25,000 or IOOre). (iv) 52.222-36, Affinnative Action for Workers with Disabilities (June 1998) (29 U.S.C.793). (Applies to contracts over $10,000, unless the work is to be pertonned outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dee 2(01) (38 U.S.c. 4212) (Applies to contracts of $25,000 or IOOre). 52.208-6 Marking of Lease Vehicles (APR 1984) The applicable Service Contract Act Wage Detennination No. 1995 - 0221, Rev. 14 Dated 6/24/04 is incorporated herein. (See Clause 52.222-41 above.) 52.208-6 Marking of Lease Vehicles (APR 1984) TIle applicable Service Contract Act Wage Determination No. 1995 - 0221, Rev. 14 Dated 6/24/04 is incorporated herein. (See Clause 52.222-41 above.)