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Home My WebLink About111775 KUBAT EQUIPMENT & SERVICE CO - PURCHASE ORDER - 9117456PURCHASE ORDER PO Number Page City Of 9117456 t of 7 `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 12/16/2011 Vendor: 111775 Ship To: FLEET SERVICES - MAIN SHOP KUBAT EQUIPMENT & SERVICE CO CITY OF FORT COLLINS 1070 S. GALAPAGO ST. 835 WOOD ST DENVER Colorado 80223-2804 FORT COLLINS Colorado 80521 Delivery Date: 12/16/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 90 each standard AIMII 1 LOT LS 19,665.00 vehicle antennae and interface. Per quote number 1018427-0000-01 2 Freight 1 LOT LS 135.00 FEDERAL REQUIREMENTS To the extent applicable, the terms and conditions under federal law listed below are incorporated into this Agreement. No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by DOE. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 MEMBER TEL! MYREErveow 01622 BILL TO: FORT COLLINS, CITY OF 835 WOOD STREET P.O. BOX 580 FORT COLLINS CO 80522 B 1070 So. Gale Oago St.- Denver. CO E0223 Far 303-747-232AL QUOTE NUMBER 1018427-0000-01 SHIP TO: FORT COLLINS, CITY OF 835 WOOD STREET FORT COLLINS CO 80521 CUSTOMER P.O. NO. SHANE/AIM2 UNITS ***QUOTATION******QUOTATION******QUOTATION******OUOTATION******OUOTATION*** QUOTE NUMBER SLSMN. ORDER DATE TAKER CUSTOMER P.O. NUMBER DATE 1018427-0000-01 1081 11/02/11 1079 SHANE/AIM2 UNITS INSTRUCTIONS FRT.- PAGE NO. QUOTE AIM2 UNITS FOR STANDARD VEHICLES, I 2 QUANTITY OISP. ITEM CODE AND DESCRIPTION U/M MULT, UNIT PRICE AMOUNT ORDERED B.O./RET. SHIPPED 1 * INBOUND FREIGHT FROM EA 135.00 135.00 SYN-TECH/FUELMASTER TALLAHASSEE TO METRO DENVER CODE EKWANATION SUBTOTAL 19,800.00 . STATE TAX APPLICABLE C. CONSIDER COMKETE MISC. CHARGE . FE6rorNER TAX APPLICABLE D. DIRECT 1HDMENT FREIGHT IN FREIGHT OUT STATE A FEDERAL TAX AWL. . FACTORY MINIMUM TELE. CHARGE 1-BAIANCE BACK ORDERED n-RETURNED CYL. FREIGHT TOTAL FED./OTHER TAX 0.00 * * * *SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION* * * * rqx 0.00 PAYMENT REC'D. 0.00 Customer Signature TOTAL AMOUNT DUE Sales Rep Signature 1 9,800.00 DUPLICATE July 15, 2011 Source Justification and Independent Cost Estimate, Fuelmaster AIM2 While several manufacturers can provide RFID data collection systems for automated fuel systems, their products are intended to be used with their own fuel management systems. The City of Fort Collins currently uses a Fuelmaster management system, so that firm's RFID module is the only practical alternative. According to Fuelmaster, the list price of AIM2 modules is $228.56. Pricing for 100 units will be requested from Fuelmaster distributors. December 1, 2011 Price Analysis Prices were obtained from the local Fuelmaster dealer and from two distrubutors. Fuelmaster $230.00 each Total: $20,700 Keystone $220.00 $19,800 Kubat $218.50 $19,665 Based on the quotes received, Kubat's price is fair and reasonable. Excluded Parties Search ach r M SSN/tIN ]F Iu&dlpanh es Lis4S,dsfe)n Search Retake for Parties Excluded by Firm, Entity, or Vessel: Kubat Equipment and Service Company As of 01-Sec-2011 6:If PM EST Ave to MYEPLS Your Search returned no resuhi - Sack New Search Printer -Friendly >Search Help j iAwaucbd Search Tips i '.b Public Users Manual I FAC I �A,usnyms v P.cy Act Provisions News System for Award Management ®r �� ORDER # FUEL MANAGEMENT SYSTEMS ® Estimate Date: Customer PO # Salesperson: 11/22/2011 Mike MacComiskey Heartland FORJORDAN FORJORDAN Please add additonal instructions or notes in this area: Enter Notes Here: Buy America Certification Product: Syn-Tech / Fuelmaster AIM II fuel interface Certificate of Compliance with ARRA, Sec.1605. Use of American iron, steel, and manufactured goods. The bidder or offeror hereby certifies that it will meet the requirements of ARRA, Sec. 1605 Date Signal Comp Title Contracts Administrator Certificate of Non -Compliance with ARRA, Sec.1605 The bidder or offeror hereby certifies that it cannot comply with the requirements of ARRA, Sec. 1605, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature _ Company Name Title Fort Collins PURCHASE ORDER PO Number Page 9117456 2 of 7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Breaches and Dispute Resolution Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City's Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of` 9117456 s of 7 `t COI This number must appear] on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages ---of this (designate material) have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government's right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. Debarment and Suspension Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements The following requirements apply to the underlying contract: Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. Of///�� 9117456 a of 7 F6r} Collins This number must appear //_',��—J`_' ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9117456 s of 7 `t his number must appear ` Collins` 1 '�7 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price and to the DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.); and c) to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as applicable, on AMI System and Contractor Services jobs created and retained at the " contractor" or " Contractor" level by Contractor, as required for the City to comply with the Federal Assistance Reporting Checklist, DOE F 4600.2 and the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final Close -Out Report Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data at the end of the DOE Grant Agreement performance period regarding Project completion. Contractor will complete a final close-out report which shall include such information and detail as the City, DOE or any other Governmental Authority shall request regarding the Project and Contractor services. If the AMI System and the Contractor services are completed or terminated prior to Project completion, Contractor shall provide the City with a final report of the AMI System and the Contractor services through the date of termination of this Agreement. American Recovery and Reinvestment Act of 2009 Buy American SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that - Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ Of17456 s of 7 Flirt Collins( on all invoices, pacst king !<J`' ` v ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Economic Stabilization Contracting Employ American Workers Act (b) PROHIBITION: (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(1b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total $19,800.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ttnrts :Ind CDndCD is Page 7 of 7 I. C0MMERCIAL DETAILS. Tax exemptlats. BY nmae the City of Fun Collin is exempt fmm state and local taxis. Our Exemption Number is 11. NONA IVGR. 98-01502. Fedral Excise lax Hxempnon Carmen, of Registry 84-6000587 is registered with the Collector of Fallen of the Purlmer to insist upon strict performance ofthe,emu and conditions hereof, failum or delay to Internal Revenue. Denver. Colorado(RCE Culaado Revised Statutes 1973, Chapstr 29 26, 114 OF. escrow any rights Or remedies pmciried herein of by law, failure to PmmPOY ramify NC Seller in the ever, of a breach, the weeprow, Of or pa,. -I for'nod hercurAer or approval.1 dr, design, shut] not rcicase,ne Seller of Goads RejectCJ. GOODS REJECT ED due to failure to mIXl,gadficalon, either. had shipped or due m date,. of any of he ...oil. or obligaion of, his purclwe order and shall not be deemed a waiver of any right of the damage in tzar may be murn.J ,o you for erdir and mC not in Be rplacd except up, rvNp, of write, purehawr to ime, upon strict perfomunce herrof or any of I, rights or remedies as to any such'nods, regardless instructions form the City of Fort Collins. of ahalt shipped, received or accepted, as to any prior or yetracuen, JeDult hercutalm, nor shall any putrynd rnl mditicsoon or nw,cton of this purchase order by the Purchs.r against as a wane of any of the stvm, Inatonion. GOODS arc subject In He City of Fun Collins inspection on mrs,at, haeuL Final Acceptance. Receipt of the nurch:udive. services or yuipment in response to this other can roll in 12. ASSIGNMENT OF ANTITRUST CLAIMS, announced payment on the part of ,he City of Fon Collins,. Howeeen it is I. he udevrad that FINAL Seller and the Purchaser nmgnis that in actual a is Practice, overcharges rs s ulting tart amiwst ACCEPTANCE is Jgtatdent upon completion ofull applicable required imtomion procedures, violation n are in fact borne by the purchase, Theraofo,tor good cane and as consideration for meaning this purchow order, the Seller hereby ma,las to the Purchaser any and all claim, it may now have or hereafter Freight Tern,. Shipments musr ON F.O,B., Cry Of Fon Collins, 700 Wood St, For Collins, CO 80522, unlem acquire, under Federal or sure antitrust, Paws for such overcharge, ralating to the Particular good or services mill vecified ua this aid,,. fpsamistoor is given to prepay freight and charge scparualy, the original bright purchuxrd or acquired by the Purchaser pursunnao this purchase order. bill must accompany invoice. Additional Charges for packing will not be uceeped. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have di,nbino, points in vanom pans of the country, shipment is Ifthe, Purchaser directs the Seller to correct notrommarming or defenivegaod by a date tube agreed upon by the expected from the neirml distribution painno deviation, and excess fright pill be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or mwillingncas tucmnply, the Purchaser shipments am made fmm greater distance, may cause ,he woA or be p,,f,—Cd by the mar expedition means available to it, and the Seller shall pay all ens assu,iaed with such work. Permits. Scllcr shall procure at whin sale cast all necessary pennies, cenillcacs and lieenso required by all applicable laws, regulnena ordlnnnces and rules ofthe state, municipality, territory or political subdivision where the work is PCtlonnod, or rcgrd red by any other do I, c.naired public authority having ju imic,ior our the work of v,ad.,. Sala (other agraea to hold the City of For Collins hamdns fmm and ugainl all liability and I-, ir,amd by them by at of an warned or established violation ufar, such laws, regulations, uninelnce , rules and nrlui naots. Amhorizatiun. All panics to this contract agree that the repecunlntses arc, in tan, bona tide and possum lull and omplete authority,, bind said panics LIMITATION OF I EIVI S. 'I his Purchase Order expressly limit, acceptance to the rem, and condition stated keratin at loth and airy aupplamen., or additional emu and Conditions annexed hereto or ineopam ed Inrcin by reference. Any udditiowl or different terms and C.Fdi,ions proposed by seller, are objected OF and hereby ajeacd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to dove on your promised delivery Jam as rimed Time is of the essence. Delivery and performance most be dtwted within the time stated on the purchase order and the J.cunlCm, attached harem. No ace of the Purchaser, including, without limiunlon, acceptance of partial lam deliveries, shall oR tc as a waiver of Nis prevision. In the event ofany delay. the Purchaser slant have, in addition to Other legal and equeamic remedies file option efPlacing this OF Clscwhme and holding the Sailor liable an Jemaga. Releaser, the Seller shall not be liable for damages a, a result of dcmys due to aunt not crome bly' forearable which an beyond its r.enable coned -it .intent its fact, of ayligena. such roc, Ca Gi as. of civil or military amhomies, gas continental pnontics, fins, strikes, flock epidnnict Is am or rous, provided the notice of the conditions musing such delay is given 1. me Purhave, within five(5) dayv of the time when the Seller !At received knowleereoany dia dge thereof. In ,he avant of such delay, ,he do, of di shall be a tended ter the paid va,ad I, he nine nmserl, lots by reason of me&N, d. WARRANTY, The Seller varours that all gwd, amides, materials and work Co'erd by this order will conform with applicable drawings, apa,bre lima. vmplm slee, other daenption given, will be- lit for the pur rust' intadi and perfotm,d w'oh the highest degree Fit care and competence in accordance with a cepted standard for work of u similar rintura. the Seller agrees to hold the purchaser hm aJe,s from any loss, damage Or asperne which the Puralusernmy sulTerarincer on account ofthe Shce, bench ofwarmnty. The Sella skull replace, Frivoler make good, widame.srto 0mpurdmom, eery JCavesm faults arising within One (Oyca rwithin uch longerpaioJof may be prascribw'ed by laor by ,he metre ul any aPPlicable warantY provided by the Seller afrr the Jae of necpmn,a or Fie grad, furnished hemadn(acceptance no to be unreasonably delayed), resulting Town ini1wrficet or Jcl,e rk Urn rn:lvmls fun'shd by the Sr. ler. Acceptanceof good , by the Purchaser shall onetitme a vw waiver of auye lain, under his warranty. Except as otherwise Provided in this purchase order, the Scher fiabuiryy herunder shall mend in eft daoagaa prosinnately Caused by the breach ofany of the Foregoing warrantin o, gaamo ce., bur such liability shall in no Cvcnt include loss of ,mti,s or Ins ufm'C. NO IMPLIED WARRANTY OR M17RCI IAN'I Art I.I'I'Y OR 01: FITNESS I OR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL "I'EI NI The I'muhaser may make Changes to legal ...is by writcm change order. 5. CHANGES IN CLAIM ERCIAL I ERMS, The Purchaser only nuke cry changes,. the lanes, other than legal Fames, including addition to or delmiom fan, ,be yc itis originally ordered in the spcifiedion or drawings, by v,dol or vCrinen change ode,. If any such ciangc utl'en, the amount due or the little of grfammnce hercundc, a, equitable adjustment well be ode. 6. TERM INATI0NS. The Purchaser may at any time by wnnrn change order, terminate this ape..am n m any m all pv lions of the good then nor shipped, subject o any Amicable adjustment befonit the panics as to any work or materials her in pmgress provided that the Purchamr shall not be liabta for any chin, for anticipated pmti, on the uacwnpinaJ puni.n of the good Fri work, For incidmd or conxVticarial damages, and that nU such adjusOnem be made in favor othhr Seler with respect u any gn,d which are the Sellers standard stock. No such tammution shall eliave the Purchaser or the Seller an any of their obligation as to any goods Jehimd hereunder. ). CLAIMS FOR ADj US IMENI'. Any chins for adju paent oat be warned within thirty (30) days fmm the data the change or rem,itumion is ordered, h. COMPLIANCE W I'I H LAW. The Seiler woman, ,k r all'nod sold hereunder shall have been poduced, sold, delivered and famished in strict Compliance with all applicable laws and rib Imams be which he geed, arc subject The Sell,, shill execute and deliver such ductintents a, may be required to if lief or evidcwecon,ccuttie. All Laws and my Ialmn, require! m be c. noted in ,roonames If this dtameur are hereby incorporated herein by this rebnrre. The Seller agrees to inn,nmify and hold the Purchaser harmless from all costs and damage, suffered by the Purchesm amll of the Sellers failure,, notedly with reel, law. 9. ASSIGNM EN'r. Neither Puny sfall ."I ... oudir convey this order. or any novas due or to bmona due hm neWer Witham the prior totter a eta n of the other party. ]0. Tin.E. 'Ihe Seller war 1, full, drat-and.nrmrinrJ tide to the Paelimm for all equipment materials, and items furnished n performance of this agreement, free and clear of any and all lien,, revrim-11, n.anauon, wearily interest eneanbanese, and ulainu of odem. '[he Saller shall rulene the Purchaser and its contractors .fay tier from all liability and claims OF any nature asnbing fmin the penonnanece Craven work 'This aleme shall apply even in the event of fault of negligence ache pony relcuwJ and .,toll e.,and to the dircaors, Ctlicn; and employees at such parry. The Scllmrs u,atracod obligation, including warranty, shall net E, dewed to M, rdCC E in any way, became such work is performed or mused to be perromnd by the Purchaser. 14. PATENTS. W'haro.m the Soifer is r yuee d to use any Jesiym, device, material or pmarm covered by loner, patent, trademark trc,,ri,hf, Ilse StllCr a hall indemnify and save handles, the Purchaser from any and all claims for infringement by reason of the use of such panned design, device, material or paces in connection with the contract, and shall indemnity the Purchaser for any cost ex,nw or damage whidt if the obliged a pay by roman of such infringement at any time during the paucaion or after the coripletion of the work. In vase will equipment, or any pan thereof or the intended use of the gocd, is in well suit held to eamoins, infringrnwm and the use of said cquipnlem or pun is enjoined, the Seller shall, at its can mWow and at I. option, either procure for the PmArea r ,he right on sing said a,mp rm, or put, replace the vine with substantially equal but noninliinging equipmaR or ladily a sat it bceomas nanintiinging. IS. INSOLVENCY. If the Seller shall bnutn, insolvent or bad:rpt, make an yeaparcm for the benefit of members. eptoine a lovelier or tmun for any of the Sellers proton, or business, this order may forthwith be Canceled by the Purchaser without liability. 26. GOVERNING LAW. I he Jcfiuiliun of tern, uwd or the inerfeembim rif the agreement and ,he rights of all games hereunder shall be eumuud under and governed by the laws of the San of Colorado. USA. 'I he Following Additional Conditions apply only in Cases where the Seller is to perform work hereunder. including the services of SCIIen Representative(,), on the Premises of others. IJ. SELLERS RESPONSIBILII Y. 'rl Sells, shall -sty on said Carl, .1 Seller's 'k until Fire iOn, 'silly ol and u,eeptd and shall, in case t any accident, ticstraction of injury to the workand/or maectirs before Scll,rs tmI a npletsn and aec,"Ce , comp,., IF, work a, Seller's ore expense and to the satisfaction of 0e PmGcwr. When mepriuls and v',ui, Fir, furnished by omen for sally Creation by ,hc Scllcr. Iin, Seller shall n ..,land, or ware and handle ed b w We site and r demean re p,mlme ntnrwbr na ntnngn anon :medals n„J/or etinlpmn„n nuc ping turni,h,J by the Seller unJenhe odor. 18. INSURANCE. 'Ihe Scllcr shall, at his own capeme, pmvidc for the poymrn, of workers comtonsaion, including occupatioul disease t wti,, to its cod,ec employed s, or in connection with the work Coverd by this purchase under anior to their drrymde,ts in accordance with the laws of the smnc in which the work is to be, June. The Seller shall also cunt' cumpnhn,k, betas, liability imlding, but not limited to. numerical and sutomdile public liability insurance with bodily injury and death limits of at leos, S300.0001or any one Pmmr, $S00,000 for any ove accident and propmty damage limit per a vidcnt of Sa00.", The Scllcr shall likewise «yuira his mntaams, if eny, m Florida for such evmpamhon and i.,Corona. Before any of the Sellers or his contractors employees shall do any work upon the premises of othcq the Soler shall Pomish the Putnam with a Cannanore that such compensation and inuanm have been provided, Such certificates shall sixciry the date when such compensation and insurance have been provided. Such amphreae, shall specify He Jac when such eompmmlipn and immmnae axpirca. The Seller tub 'e, door such compensation and insurance shall No maintained until after the mar bark is cotopic" and wcepd. I I. TROT ECI'[ON AGAINS r ACCIDEN I S AND DAMAGES. The Seller hereby incomes the Claim rnpnslath, and liability for any and all damage, loss IF injury fany kid or ha,neer to Farmers or property caused by or rualling from the execution ofhe work po,vi led for in this purcwhase OF or in connection hmewitb. The Seller will indcmnifyand hold ham the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claim, losses, damages, charges or cipmecs. whether direct or indirect, and whether to persons or proWny to which the Purbasm nay btu on or subject by smut of Ian, action, neglect, omission or default on the pan of the Sala, any of his an. , or any of the Sc ,m or contract., mftican, age,, or employees, Ill 1.11 any suit .r .,he, procesdinp shall be brought against the Purchaser, or its oficem, alien, or en,pl.yce at any time rn account or by reason W any act, anion, neglect, omission or default of the Seller of any of his eanranu, or any of its or their otl cn ,agents or employees as aforesaid, the Seller hereby agrees to assunm the defense thereof and w defend the urea a, the Sellers ovn asperse, ,a Puy any and all oats. Oar,,,, attorneys lies and drer expo any and at l judgments that may be incurred by or obtained against the Purchaser or any of its or their mlicers, age„ ,IlPluyec such sail, o other poecding,, and in caw judgment or other lien be placed upon in , aMuurce uguil a ,M1e Propny e .a Pto be this, or avid panics in ge as a Facin of uch teas o, sillier .1 vrmnJin ed dsSa nr, the t tbd dissolved JG"h'gdbY l; ds J tl t It Seller itier(i his , ,. t d lltk lI..Fypmines,Flemish d to safety a a, far a invCnc,he .caOrou ns. al,ply wth II I' ActFred 1970letters'IN rand m u -t ty .sued ,gnat tl , I'nitvtio, 1M1e Occupmiunal Salary and Health An of 19)0 and all rule'and ngulmi.m issued Punuannhcrem. Revised 03POlU VQuote Page 1 of 1 KEYSTONE service s supply Order Number: 0006215 Keystone Service & Supply, Inc. Order Date: 11/4/2011 1241 S. Lipan St. Denver, CO 80223 (303) 777-4234 Sold To: FT CY2 Ship To: FTCS City of Ft. Collins City of Ft. Collins -Shipping POB 580 835 Wood St. FORT COLLINS, CO 80522 FORT COLLINS, CO 80521 Confirm To: Comment: Shane Tel 970-221-6290 Entered By: OF Customer P.O. Ship VIA F.O.B. Terms Salesperson: BEST WAY FACTORY Net 10 Dennis Frichtel Item Number Ordered Shipped Back Order Price Amount FOB FACTORY, THESE ITEMS ARE UPS ABLE. 94180400 90.00 FUEL AIM 2 KIT FOR SINGLE TANKS 0.00 0.00 220.00 19,800.00 Net Order: 19,800.00 Less Discount: 0.00 Freight: 0.00 Sales Tax: 0.00 Order Total: 19,800.00 MEMBER TEI 01622 BILL TO: FORT COLLINS, CITY OF 835 WOOD STREET P.O. BOX 580 FORT COLLINS CO 80522 B 1070 So. Galapago $L.- Denver. CO 80223 ED. 303 747.232< QUOTE NUM BE R 1018427-0000-01 SHIP TO: FORT COLLINS, CITY OF 835 WOOD STREET FORT COLLINS CO 80521 CUSTOMER P.O. NO. SHANE/AIM2 UNITS ***QUOTATION******QUOTATION******QUOTATION******QUOTATION****'*QUOTATION*** QUOTE NUMBER i. SLSMN. ORDER DATE TAKER CUSTOMER P.O. NUMBER DATE 1018427-0000-01 1081 11/02/11 1079 SHANE/AIM2 UNITS INSTRUCTIONS FRT. PAGE NO. QUOTE AIM2 UNITS FOR STANDARD VEHICLES, I 1 QUANTITY DiSP. ITEM CODE AND DESCRIPTION U/M MULT. UNIT PRICE AMOUNT ORDERED B.O./RET. SHIPPED DEAR SHANE, HERE'S THE QUOTE YOU REQUESTED. PLEASE NOTE THAT THIS IS FOR A "STANDARD" VEHICLE WITH OBDII AND SINGLE FILLER NECK. SOME ODD VEHICLES MAY REQUIRE SOMEWHAT DIFFERENT CONFIGURATIONS WHICH CAN CARRY DIFFERING PRICES. DELIVERY FROM KUBAT TO OWNER IS NO CHARGE, INSTALLATION IS NOT INCLUDED. THANKS MUCH FOR THE OPPORTUNITY! dennis 90 * STANDARD AIMII VEHICLE EA 218.50 19665.00 ANTENNAE AND INTERFACE, SINGLE FILLER NECK FOR VEHICLES WITH OBDII INTERFACES, NO SPECIAL WIRING HARNESSES OR EXTERNAL ANTENNAE. AGAIN, THIS MAY OR MAY NOT BE SUITABLE FOR EVERY VEHICLE IN YOUR INVENTORY. CODE EXPLANAODN SUBTOTAL CONTINUED - STATE TAX APUCABLE C-CONVOER CWKETF MISC. CHARGE FED WNER TAX APPLICABLE D ERECT Smmrm 'FREIGHT IN FREIGHT OUT . STATE& FEDERAL TAX Al, I_'ACTOR'wxwunL TELE. CHARGE RALANCE BACK ORDERED rt-OFTeaN'o Cn. FREIGHT TOTAL FED./OTHER TAX *"«SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION rqx PAYMENT REC'D. Customer Signature Sales Rep Signature DUPLICATE