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Home My WebLink About105596 COLORADO ASSOCIATION OF TRANSIT AGENCIES - PURCHASE ORDER - 9117668PO Page PURCHASE ORDER City of 911766er 9117668 1 of 7 Flirt CollinsThis number must appear ,�—J`I,- ` " J on all invoices, packing slips and labels. Date: 12/29/2011 Vendor: 105596 Ship To: TRANSFORT BUS FACILITY COLORADO ASSOCIATION OF CITY OF FORT COLLINS TRANSIT AGENCIES 6570 PORTNER ROAD 1580 LINCOLN ST #780 CITY OF FORT COLLINS Colorado DENVER Colorado 80203 Delivery Date: 12/29/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price FY 2013 CTC Membership Dues Colorado Transit Coalition Per 2012 CASTA Membership Application. EPLS Seach Completed. 2 2012 CASTA Membership Dues Colo Assoc of Transit Agencies 1 LOT LS 1 LOT LS 9,798.00 6,405.00 Per 2012 CASTA Membership Application. EPLS Seach Completed. Other: The following Federal Transit Administration (FTA) Contract Clauses apply to each job, PO Lines 1 thru 3, details attached: 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. ACCESS TO RECORDS AND REPORTS 4. FEDERAL CHANGES 5. TERMINATION 6. CIVIL RIGHTS REQUIREMENTS 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSIO (NONPROCUREMENT) 10. ENERGY CONSERVATION REQUIREMENTS Federally Required Federal Transit Administration (FTA) Contract Clauses for Purchases where only a Purchase Order is used as the contracting mechanism. 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 ll, 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 Page 2 of 5 • Successfully advocated at COOT for contract and reimbursement streamlining. • Negotiated with Department of Revenue staff to designate a point of contact for transit CDL issues and identified and implemented a wont -around for the SAVE program. • Executive directors and staff spoke at Colorado Municipal League conference, Community Transportation Association of Idaho conference, the American Council of Engineering Consultants Transit Subcommittee meeting, the Colorado Wyoming Transportation Coordination Symposium, COOT Transit and Rail Advisory Committee meetings, the National Rural Transportation webinar, and the South West Transit Association conference. Training and Conferences • Largest conference attendances to date at the Spring and Fall Transit Conferences. • Hosted FTA Administrator Peter Rogoff as keynote speaker at CASTA Spring Conference. • Provided training to 576 attendees at various conference and regional trainings, • Worked with CTAA, CDOT and WYDOT to host the Colorado Wyoming Transportation Coordination Symposium. • Conducted the first ever Colorado Transit Trainers Workshop. The CASTA Board of Director's equally ambitious 2012 agenda includes: • Advocate for transit funding and policies at the state and federal levels. • Explore strategies to stop potential rule requiring excessive number of hours of training. • Continue to work with COOT to streamline the contracting and reimbursement processes. • Oversee the statewide implementation of CDOT's Transit Asset Management grant. • Ensure transit is represented in CDOT's 2040 Transportation Plan. • Participate in the State Rail Plan Steering Committee. • Explore legislation to extend seasonal drivers license to 180 days. • Monitor work around allowing drivers to test and practice before taking the CDL driving test. • Collect and disseminate information to decision makers on the benefits of robust transit service in our communities. • Provide leadership on the Colorado Statewide Coordination Council and support local and regional coordination efforts. • Investigate partnering with RTD on hosting statewide Bus Roadeo. • Continue to refine the RFP website. • Develop and host regional trainings throughout the year. • Host Spring Training Conference (May 8-11, 2012 in Fort Collins) and co -host the annual Fall Transit Conference (September 11-14, 2012 in Grand Junction) with CDOT. • Revamp the CASTA website. • Publish e-newsletters with pertinent transit industry news. • Publish the 6th edition of the Colorado Transit Resource Directory. 12/22/2011 Page 3 of 5 Colorado Transit Coalition - New Membership Option! New this year, agencies who have not participated in the Colorado Transit Coalition can be included in federal advocacy efforts for an additional $125. Your membership fees support advocacy efforts at the federal level, including meetings with the Colorado delegation and staff, building relationships with the Federal Transit Administration, promoting federal legislation in support of Colorado transit, and pursuing competitive transit funding for Colorado. Please complete and return the attached 2012 Membership form to be a part of this exciting and successful year. And if you have any suggestions, questions, or concerns, do not hesitate to contact either one of us at 303-839-5197 or by email: executivedirector@cc)loradotransit.com. Thank you for your partnership and support! Sincerely, Ann Rajewski Executive Directors Elena Wilken 12/22/201 1 Page 4 of 5 12/22/2011 Independent Cost Estlmatc Date of Estimate: 12122D011 Convect Type: Eaisihq Cmbact cr PO (YIN): N Desobeon of Goods (A) or Services (BY. 2012 CASTA Membeohb Dues & 2013 CTC Membmhb Dues I have obtained the following estimate from; Published Pdm LW Past Pddog (date) 2/4/2011 & 12/1SRo10 ENhoeedna or Techlncal Estimate (verfa.ed by) Ihdopen M Third Party athhete (periortned by) oqq (specifiy) Cost Esdmme Details: (Estimate calculaled in US Dollars) B Fellmatc is based on CPI Ioereme d 3s%to pdor yeafs dues SATroa(orfM"nn Fina lCo¢dhmtor- KarfiPiacl ks-GmomNCE- CASTAMombcrshb Dum dsSheetl iz=011 EPLS Search Results Page 1 of 1 EXclWO Parties List System, Search Results Excluded By Firm, Entity, or Vessel : Colorado Transit Coalition State: COLORADO as of 29-Dec-2011 12:37 PM EST Your search returned no results. https://www.epls. gov/epls/search.do?full name=Colorado+Transit+Coalition&status=cur... 12/29/2011 EPLS Search Results Page 1 of 1 EILS' I y EXcki&dl Parties; List S;ystem� Search Results Excluded By Firm, Entity, or Vessel : Colorado Association of Transit Agencies State: COLORADO as of 29-Dec-2011 12:36 PM EST Your search returned no results. https://www.epis.gov/epls/search.do;j sessionid=63DA90738DFD05D83D 1 BDD98C339... 12/29/2011 Fort Collins PURCHASE ORDER PO Number Page 9117668 2of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 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 FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. C3. OYIp:sLQ �G— 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 City of Fort Collins PURCHASE ORDER PO Number Page 9117668 3of7 This number must appear on all invoices, packing slips and labels. Line Description "U""'r UOM Unit Price Ordered Price B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, 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. 5. TERMINATION a. Termination for Convenience (General Provision) 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 [Breach or Cause] (General Provision) 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 (General Provision) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] 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 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 9117668 a of 7 ' `t Collins ns This number must appear ` " on all invoices, packing ;and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City may terminate this contract for default. The City shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The fallowing requirements apply to the underlying contract: (1) 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 FTA may issue. (2) 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 FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 6 6 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination 2. owe -4-e- 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 OfJ 9117668 s of 7 ollins This number must appear Flirt C ,t—J`-' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA 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 FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency' s overall goal for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor s work by the City of Fort Collins and contractor s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which Cam, c3. oi�Qs� 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 ll, 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 PURCHASE 9117668 6 of 7 `t ( v oilins This number must appear ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with 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. 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 Invoice Address: $16,203.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7of7 L COMMERCIAL DETAILS. as exemption, By statute the City of Fort Collin, is exempt f fair unit local taus Our Exumpt of Number is I I NON W AI VER. 986l502 Feral Ex - I` . E mme pno. C%m I eof Registry KONK05g] is registered rich the Collect of Failure f the Pullover to insist upon strict pertamunw.I he a.. card cunditiom hecuL Ii lure or delay to awfuld go ...v. Denver. Colorado (lief Colombo Revised Middles 1973, Chapter 39 26. Ili (a). exercise any rights or remedies Provided herein or by law, failure to promptly notify the Miler to the tale of a breach, the acceptance of or payment for gods hereunder or approval of the design, shall ran release the Seller of God, Rejected. GOODS REJECI ED due to failure omee,ono,ifc,minns. chat, v lien shipped or due to delocs of any of the entamies or ubligaions of this purchase order and shall not Be deemed a waiver Of uny right of the damage in transit, may be returned to you for edit sled are not to h replaced a ,,pt upn receipt of written purchaser to insist lain strict perfomwnee hercufor wry of its right, or sain ics ism any such goods, regardless malicious firm the City of Fon C'ullins. of when xhippoq cheived or accepted, as to wry prior subsequent default hereunder, nor shall any pupuncd rsl cousid eaiun taa"use i,,con rr of this purchase order bythe Purchaser Operate as a xuner if if Ihm I..'..is las,,own. GOODS as od ern the City of Pon Collins inspdi.n on aoOJ hecof final Acceptance. Receipt of the nnarelwodis, s r equipment in resgmse to this order can result in 12. ASSIGNMI'vel OF ANTITRUST CLAIMS. avlhmirwd payment on the pan Of the City of Fop Collins. However, it is I. be understand that FINAL Seller and the Purchaser rttognizc that in actual economic practice, o .,charges mulJng film antitrust ACCEPTANCE is dependent upon compiler., of all applicable nquind impstlitan proedures. viulaliov arc to fin tome by the Purchaur. Thahembrm,fir, god came and as emsideadom for ascertain, this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments mud he E.O.B., City of Fun Collin, I00 Wood St. Fort Collins, CO 80512, unless acquired under fcdaral or sum anti ono laws for such overcharges artificial to the pmicular gods or services mheo'is, apoeilied on this of If"a.w. u given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pun mi'a chi, purchase order. bill mud reeompny house. Additional charges I'or packing will nor to uavpod. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where a,mamwrcn have d awflmimg to, in us pans of he country, shipment IfthicPuwhuscriiteeu the Seller to ctamrr nonconformingordefwave goal acts data to be ahead upon by he expected Each ere warre, distribution with fa Jatinatim, and excess freight will be deducted Ran Invoice when Purchaser and the Seller, and the Seller dereafter ini icurs its inability or unwill;ngineo. to comply, the Purchaser sh quaint, are nude from greater dis...... may cause the work to be performed by the mil expeditious tneans available Or it dud the Scller shall pay.II cosh maswimad with such work V... a , Scller shall V,act,,, at .alien act, cal Al n svry permits, c,eifcmdm and licenses ,,mad by all pal c blc law re"aliplan, calla and ri lcs of tic sic n is pulay territory Or old cal subs on where The SclEr stain release the purchases, slid.1nnic rs of dry der from all liability and claims orany nature the walk is p,,mrwrd,. rc,ui,,d byuny criti July Ots mad public warowry kvingjufisdictlon Ovcnhe work ...soling door aIt,pc.hiuounce of,.,h work. of vend.,. Scller order agrees to laid tic, n e City of Fort Collins hatill— four and against all liability and Iles incurred by titan by reason Of an assrned or established violation of any such laws, n'gulatims, ordinances, oules This release shall apply even is IM1c wen of laid of negligence of Ill, patty rcicmd suit hit) extend I. the .ad mym rimed.. creators. ollieen and employers of such party. Authour of ion. All pmic, o [Iris contra[ allow, ill., the wprocan r[ia„ urn, in fact, tuna tide and possess full and The Sellers Onancrectill Obligations. ndading vOrpormly. shall ram be decimal to be reduce, in any way, lessee nmpleta..theory an bird said pal such work b infamfd or caused to be p f.mtd by the Purchaser. LIM II'A'I]ON OF TERMS, This Purchac Order expressly Ionics acceptance to the term and conditions scaled wain tar fifth and any supplentenury a,.witiffil onto and conditions maenad he,,. or I ... pandd herein by reference. Any additional or dithered terms and conditions proposed by sulk, are objected or and heeby oT,mz L 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT imnwdhtdy if ,in rn cm,,sake com,Ime sinlvnent 1. anew no your pro sad delivery die an noted. 'I'iofd¢Deliver, c.chw, Deliveand Performance clear he dl2ecd, darn thetime ,,,ad an the pa,d auorder and fhc azunnnns attached herem. No acts o1' We Purchasers including, without tin aloe accepsnve O[purful lute activities, shell e,,,a,, as a Aver at Ilas ac,kwu, Il tic.vcp ofvI, delay. the Purchaser shill hie, in addition 10 other legal and c,morlda rcmeam, [ha ,,am .1 placing this ode, el .... we and holding it, Seller liable for duna,,a. However, the Sell,, shall nod be liable fin, it m a result of delays Lee 10 causes not reasonably foreseeable which are ly.mJ is reasonable coolant and without its fault of nrdi,der. each acts ofGW, act, of civil or milirry unloritws.giwcteal pnordie, Bon. strikes. Odn, apitymcro, or rios pow End that notice of the conditions causing suchdcluy is gist O the I',hmer within [eve (5) daysc,s of far hfince en the Seller final received knowledge thomod: In fhe cernl t of airy such delay, the data of delivery shall cwaundd 1m the panel again or the rime actually lit by reason arch, Jet,. J. WARRANTY. 'the Seller occurrands chid all gads, wowl... ..... vials and work c. cad by thin aid,, will moralwith applicable drawing, spcci0catiom, sample, and/or other descriptions give will Be III for the Dur,asintended, and µ,flatted -lb the highest degree .1 care and ewnpacnce in acmrdance with uaeapmJ standards far work ol'a milt., n om, The SCIIcr agrees m wild the purchaser hs,mless dour any lam, damage or expense which the Purchase,any .ostler or iuwucnu aaaany W'Ow Ortialbmacdof waafanile(I) eallef Will nplece,repairor ermake gurJ,, anyilhob prescribed to the by case s or m0' fcreel'c, way arising 1, a rem pl Ynu y If, suer hunger pinnate of [ire as any be f,Soli bit by law or by nit r one away ,not to ble warranty poviela by ILe Shin, after fron the dam m acceptance .work domes furnished henvnde, l be the See not c be tance or use delayed). resulting Par Iron ishall nor e dcfcmivc oak don nmcriab furnished by the Seller. -otherwise provided aided t ads bythe1'urckrcr shall n ability h ,waiver of hill es end o ill this wv,mmy. Ecarepnuarly ...d otherwise pmvidd in this VunhsC idea, he Millen liability hereunder but shall enmity to ill in nugus,mximmdy came)by che breach ufany OI ereforegoing WARRANTY O MERCxs,bat such liability shall in nooSSclean finrtdclossofprofits or Alass ofa.. NU IMPLIED WARRANTI' OR MERCHANTABILITY OR OF FI I'N15S FUN PURPOSE SHALL APPLY. i. CHANGES IN LEGAL TERMS. The Purchaser nary make changes I. legal arras by .,Iran change of 5. CHANGES IN COMMERCIAL I FILMS. 'I he Purc.M1m any make any changes 1. the tans, athe, than laual Icon, including cohimmus m tar cockroach, Each the guano w, originally Ordered in She sp.cd cvtimt, or devwings, by verbal or written change order. If any such change uth,1B 11.1 amount Joe err Orc liars ratwrl'unnmce hcaunder, a f van lrlOn adjusttnam shall be made. 6,'1'IiRMINATIONS, 'I law Purchaser may ut nary nine by w into m Orange order, mtitale this agrenm em as to tnry or all pun or life gads Shen not shipanthas ofped, no to y eyuhadde adjustment between e panics arty work o, materialsthe. inn Pmpress provided chat the Purchase. Sbit ,at M liable for airy claims for ci,nod Praia in the wnpleed ,onion of the gulls ovdbo worfor r incidensl or Ocse,ucnliam l damages,llk. mo aacb adjmtmem or made in vor of the gc11,, wits respect to wry goods which are the Sellers ssndard stick. No terminal— shall ,dine chc Purchaser or Sae Seiler ufany of their obligaliores as to any ewes delivcost recreation. 9. CLAI NIS FOR ADJUSTMENT. Any f6inr fin adjustment muss, be ..,m,d within thirty (30) days from the date the change or termination is afraid. S. COMPLIANCE WITH LAN'. the Seller wvrmnrs had all goods sold Iwromed,, shall have been Landward, sold. Jdiveoed and furni,kd in meet n ,d u « w lli Al :,el able lawn acid r g t i1 s 1. win Ur tic good, are subject 'ILe Scller shall exewm and deliver each dulancludami,, be enrinl meBvertar evidence mr,h,cwe. All lox and c,lation,rcyuircJ to be .,wound to agrcc of This cknrur arc be chy inc.rptamrd loin by Wis who a¢c TM1c Sallcr, agree e iuden uify acid ohold rm She Pu.CM1me M1... fmm all man and Janages suffered by as I'urcM1usa as a result of the Sal leas failure normally with such law. 9. ASSIGNMENT. Ncillr puny shall align, havaRr, ar convey Ihis order, or any monies due or to become due hereunder wilh.uO],e ,ri.r wnun. catienl afar other LOW. 10. T ITL E. The Sit for warrants full, clear acid unrestricted title it the PureM1aser for all aqo pmer, , materials, and arms famished a p nrom of this agre nL sr efor and clear Of any and all lints, restrictions, revmi.i, interest and claims of .,M1en. IT YATENIS. W'hc.c,c, h,Scller is required 1. sacanydesign. device, material orpoeess covered by letter, pimanl, mademad or copyright the Sd1e shall indemnify and save hmnlms the Purchaser tram any ad all claims for curtail by « of the u w of ch patemd design des nmerial or p—as in win: the emnta4 and shall nven airy the Purchaser far any eat, c,pe-c or damage which it may be obliged w pay by re ofsaeh Stan any pace eat o nary littleiduring the Pro emion or attar chi aompleld 1 .f the work. In ease said ryuipn eat, of any par thereat r the intended a he the emus, is such nat., i hull o ndattimm ften.genon and ram or of and iov, If, or pan -, continue c anc id shill. tits .sl listless, and m it, .pith, tersf pmum far the purchaser She equip a continue rig said becomes do or pans, replace [Le same with wbsumiully equal but noninfringing equipment. or mating it au it becomes noninliinalinu. 15. INSOLVENCY. If the Seller shall brume insolvent or bankrupt make ran coo,hisent for She benefit of endows. appoint a or rime far any of the Sellers pmlrenY or business, this order may forthwith Be catceled by the Purchawr x ahom liability. 16 GOVERNING LAW. The def inidima off,— used or che imeprctdi.n of the agreamem and the right,ofali panics hereunder shall k construct Order and govcmed by he laws of the Star, .1 Colombo, USA. ]Le following Additional Conditions apply Only is where the Scller is to phoon work h...under, nndudiug raw macs ofSCllns RCPmcnmtivcfs), w 1lo pmnnu Of miss 17. SEIAA ISHESI'ONSIBILI'IY- 'I'be Seller shall curry on said work at Seller's mar risk mail the ten¢ is fully completed and uc,cpIcJ, and aM1.l1, in case.f any accident d m[ueimn Or injury , the work unclear mmeral, before Scller', taut comploioa and llinc,caunin. moo,line the work a1 Scll,e,.wn exµm ec and In the hision fe of the Purchaser. When maaials and equipment are furnished by others for inaul4lion or erection by the Seller, the S.Ilcr shall creative. afraid, .are and hurdle some a1 IM1c sir and beeume c,,-iblc thcrefw m though such mmaials he., agmpment once being famished by the Salle, under the Dfer, IS. INSURANCE. The Seller shall, an his own r.,m c, prm'id, for fhc payment of workers comµnadion, including tacmplional disease bandits, to is employees employed moo or in eo micaion with the work covered by this purchase order, anchor to their dependents in accordance with the laws afire state in which he work is to be done. The Seller shall also curry earpothers,c 6anrnl liability intruding, but Oaf limited I., can racial ...it automobile public liability it ,.ill bdilY injury and deal], IinJu of m (cast SJtIgRW tar any an, ,crion, 5500,000 far any tire accident land property damage limit per accided of SaWWO. The Seller .shall likewise acquire Ills . if on, 1. O hide foe and, euulpensauan and 'll e. Bemreany aria, Shcevor bisc.nriuom Impl.yccssbdl J.aay walk apanacpre .fathers, the Sencrshallmmahche Purimscrwitloaeanireate ha1 claim wmpenclum, and instance have sborn provided. Such cenircates shall specify the date when such ten amsciat lend insurance have be,. pmvidd. Such r,mBaams shot) specify the data when such eompansai.n and insurance axpi,oa. The Scller a6 'Ca IM1m such compensation mkt insurance shall No maimu ned until star the ,mire work is completed and accepted. 19. PROTECI ION AGAINS T ACCIDENI S AND DANIAGI3. The Setter hereby kss ics the entire responsibility and liability for any and all damage, loss or injury ufany Lind or nature xbuu uo pewproperty or ecased by o a resulting .m the execution Officex or , provided for in ,his purchnxe ode, or in confection haewia. The Seller will indemnify and hold harmless the Punhascr and any call of the Purchasersofficer, agentsand employees Ile and varied any and all amm ens, losses, daages l arues cxpca whether direct a, udircm, and whether,,w paor property to which the 1'uniasr may be par objectbyachn c of any an, act..,, ne,kccd, mui,con or default on Ibe pin of the Scller, way of his contractors. (it any of the Seller, o fit! ... a, upon, or employers. In ecre any s .(her ero ceJla sl all be bought rain. IM1c Parchain. Or its of corm agents employers at any time an account or by oaroll, of any awl. union, neglect ontissiun of dc@mr of the Shcef ofuny of as end ... was or nary Of its or their ullices, agents or employee, as uarewid, fhc Shccf hereby ogre,, t. assume the dO .t,e chncof and 1. defend cif, arc at he sellers own cxpamc, to pay any and all costs, charges, attomcys lees ward other exPcnaes, any acid all judgments that may be incurnd by or obtained iguinat the Puahme, or any of it, or their officers. agents or anduyeas in such suit, or ocher pfocariflop, and in case judgment of other lien be placed upon or obtained apimt the papery, Ofthe Puohiaa or said frames in or as a result of tech suits or other pcedicip. the Sallcr will at once cause the same to on duwkd and discharge by giving bond or otherwise. The Seller and his mmou'a n shall coke all safety pwsamiorv, famish and install all guall necessary for [he prcvcntiun of accidents. mudy with all lassos and regulators with n'af or afery including, but aids[ Britain.. the Occupational Safety and Health Act of 1970 sad all rules and regulations issued pursuant thereto. Revised O3POI0 Page 5 of 5 2012 CASTA Membership Application Agency Transfort / Dial -A -Ride Primary Marlys Sittner Name Contact Street 250 N. Mason Title City, State, Fort Collins, CO 80524 Phone & Zip_ _ Email Agency Type o Provider o Private Provider o Government o Consultant o Advocate o Other Please select the optlon(s) that apply to your agency, Amount o Transit Providers with Transit Providers with o Advocates, Operating & Administration Operating & Administration Government Entities expenses of less than expenses (0&A) of $100,000 • not seeking to vote $99,999 or more or hold office* • 2012 Dues = $200 • c2012 Dues = $(20110&A . 2012 Dues = $350 Expenses) x 0.00077+75 ' o CTC Membership Dues - FY 2013** $g7gg ; • TOTAL: I $ [16 ..1031 * This option is not available to transit providers. **If your agency prefers that 2012 CASTA membership dues and CTC FY 2013 dues be Invoiced separately, then please check here: _ Payment Options (please check one): Payment Enclosed o Credit Card (Please complete fields below - Visa/MC only) o Please bill my organization Card No: Card Expiration: Amount to Charge: Name as listed on card: I Signature: Please return completed forms by one of the following methods: Mail: CASTA, 1580 Lincoln Street, Suite780, Denver, CO 80263 Email: deeannam@coloradotransit.com Fax:303,832.3053 tpp \ rvices to the transit industry, please contact Angie Ham -RuYtit .. �AJX7-> GAWP xQ >r more information on joining CASTA as a Business Member. tJey L: (O$'S-11� S or deeannam@coloradotransit.com. -$ : A`6'2O3 yo LIA' ].-`110(2 C-WA Ste`' 6 4oS ".20t3 C C- a�a �(1.{tgv�.WS- 1�vrfLL qW P�rst�ba �c.K v��C�, a�tcxi�031-5452(0 r21r0201(rri P.o. 9%/�� 12/22/2011 Page 1 of 5 Karl Gannon From: Marlys Sittner Sent: Thursday, December 22, 2011 11:57 AM To: Karl Gannon Subject: FW: 2012 CASTA & CTC Membership For payment — thanks! Marlys J. Sittner Transfort General Manager City of Fort Collins msittner fcgov.com 970.416.2113 From: Deeanna Mondragon[mailto:deeannam@coloradotransit.com] Sent: Wednesday, December 21, 2011 4:44 PM To: Marlys Sittner Subject: 2012 CASTA & CTC Membership December 19, 2011 Marlys Sittner Transfort/ Dial -A -Ride 250 N. Mason Fort Collins, CO 80524 Dear Marlys, 2011 marked the successful completion and continuation of several critical initiatives for the Colorado transit industry. We look forward to another robust year accomplishments, and as always, we cannot do it without your supportl Our 2011 accomplishments include: Fundingand Advocacy. • Partnered with CDOT on applying for four competitive FTA grants resulting in over $10 million in transit funding for Colorado. • Promoted Colorado's Rural Ridership formula white paper, which was well received, with both House and Senate authorizing committees. • Successfully blocked legislation that would have reverted FASTER transit funding to highway and bridge purposes. 12/22/2011