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Home My WebLink About502551 ROSENBAUER SOUTH DAKOTA LLC - PURCHASE ORDER - 9123077F6rtCity of Collins Date: 05/30/2012 Vendor: 502551 PURCHASE ORDER ROSENBAUER SOUTH DAKOTA LLC 100 3RD ST LYONS South Dakota 57041 PO Number Page 9123077 1of7 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 05/24/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 - Rosenbauer tankers 1 LOT LS 371,496.00 on Freightliner M2 112 chassis per quote 10026-0010 dated 5-7-12 and the agreement dated 5-17-12 Attn: Lyle Achziger Dept: Poudre Fire Authority Coordinate delivery of vehicles and title documents with Poudre Fire Authority PO revised to add Rosenbauer South Dakota as the vendor. 5-30-12/jrh 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 FEMA. 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 FEMA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between Poudre Fire Authority (PFA) and FEMA, 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. Termination 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 F6rtCity of Collins PURCHASE ORDER PO Number Page 9123077 2of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price a. Termination for Convenience PFA 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 PFA to be paid the Contractor. If the Contractor has any property in its possession belonging to PFA, the Contractor will account for the same, and dispose of it in the manner PFA 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, PFA 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 PFA 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, PFA, 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 PFA 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 PFA'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 PFA setting forth the nature of said breach or default, PFA 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 PFA 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 PFA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by PFA shall not limit PFA'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 PFA. 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 PFA. 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 PFA representative shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by PFA, 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, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first 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 F6rtCity of Collins PURCHASE ORDER PO Number Page 9123077 3of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between PFA 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 PFA 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 PFA 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. FEMA Requirements FEMA 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 PFA makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to PFA required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by FEMA 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 FEMA shall have the right to use or disclose the data here to the extent provided in the FEMA 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, FEMA 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. FEMA 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. Buy America The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in Federally -funded projects are produced in the United States, unless a waiver has been granted or the product is subject to a general waiver. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. Officials Not to Benefit 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 F6rtCity of Collins PURCHASE ORDER PO Number Page 9123077 4of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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: 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 FEMA 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 FEMA 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 FEMA 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 FEMA 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 FEMA, modified only if necessary to identify the affected parties. Contract Work Hours And Safety Standards Act (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or 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 F6rtCity of Collins PURCHASE ORDER PO Number Page 9123077 5of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - PFA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Compliance with Copeland Act requirements The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by PFA, in the form and format and within the timeframes requested by PFA, in order to enable PFA to comply with the FEMA Grant Agreement reporting and information requirements for the Project. Contractor shall also provide PFA with any backup or additional documentation required by FEMA or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law, FEMA reserves the right under the FEMA Grant Agreement to initiate a final incurred cost audit in connection with PFA' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to PFA and/or to any representative of FEMA or any other Governmental Authority for purposes of such audit. Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Clean Water Requirements (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA Regional Office. 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 F6rtCity of Collins PURCHASE ORDER PO Number Page 9123077 6of7 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. Energy Policy and Conservation Act Contractor will 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 (Pub. L. 94-163, 89 Stat. 871). 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 $371,496.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be Gable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 -,-- -- : e http/N,ww.gsaalihrsy gmgov EttiMaiNcontradotlnto dajsesslontl D35EDDI9H F79DD404EE92EBA5703FE nodelncont r x F- � File Ed'¢ Yew Favorites Teols Help GSA eUbraryContractur�lnformati.:., I ielp ® eLlbrary GSA Federal Acouisition Service Search:! allelawords] ! Cmon11n1 rnt,cu.tto, (Vendors) How to change your company information Contract =: GS-30E-00145 Sono -Economic : Small business Contractor: ROSENBAUER AMERICA, LLC EFL$ Contactor not found on the. jAddress: 100 3RD ST Excluded Parties list System LYONS, SO 57041-0057 Govt. Contracting Officer: Phone: (605)543-559L Cheryl Capers E-Mail: uvtschfda@rosenbaueramedca.com Phone. 703-605-5571 Web Address: http://ROSENDAUERAMERICA.CONI E-Mail: cheryl.capers@gsa.gov DUNS: 024473584 NAiCS: 336992 Contract Clause:/Exceptions: View the specifics for this contract Contract Contractor TYCs Source Tirle Number /Prlcelist Contacr End Date Category View Catalog 23 V AUTOMOT E SUPERSTORE GS-30E-00145 Jut 6, 20 t6 - 190 O L .®a. `°�" ' Indicates the canned., has accepted the terms candilions, we apomng regu.rements of fie An Rp:a ery and Fee-esnneal Ad (A &P and I I b fuIIII.M0.4.rtlets Resolution 12-1 Appropriating a FEMA Assistance to Firefighter's Grant Within the PFA General Fund for Expenditure on Two 2,000 gallon Tenders and Authorizing the Fire Chief to Execute all Contracts, Including Those over $20,000 Whereas, PFA has been awarded an Assistance to Firefighter's grant to purchase two 2,000 gallon.water tenders in the amount of $363,400, and Whereas, the current tenders are over 25 years old and have exceeded their expected service life and do not meet current safety standards, and Whereas, the tenders are becoming more unreliable and difficult to maintain, and Whereas, the tenders are an essential apparatus to provide a water supply in areas without hydrants, and Whereas, the match of $72,680 plus any additional cost will come from within the apparatus replacement capital project, and will be brought before the Board for appropriation at a future date. Now Therefore, the Poudre Fire Authority Board of Directors appropriates $290,720 within the FEMA Assistance to Firefighters Tender Grant Account 840102300 PFA will provide matching funds of $72,680 from within its apparatus replacement capital budget, and authorized the Fire Chief to execute all contracts, including those over $20,000 associated with purchase of two 2,000 gallon tenders. Approved February 28, 2012 by the Poudre Fire Authority Board of Directors. A((-4r) n11� Attest QUOTATION Rosenbauer Sales Rep Poudre Fire Authority Gregg Miller 2109 West Chase Ft. Collins, Colorado 80525 970-416-2314 gmiller@poudre-fire.org Quote No: 10026-0010 _= I ANKEK - b31.UbU U2/2U/11 =_ 1 00-00-1300-- Fire Department Name 1 01-06-0500-- Calculated Center of Gravity 1 01-16-0150 -- Warranty, Apparatus, Bumper to Bumper, 1 Year, BR 1 01-18-0700-- Warranty, Water Tank FS 1 01-19-0250-- Warranty, Bdy, Alum, 5 Years, BR 1 01-20-0250-- Warranty, Paint, PPG, 5 Years, BR 1 CHASSIS SPECIFICATIONS 1 09-01-0210-- Freightliner M2 2-door W/370HP Engine 35000GVW 16/30 1' 09-01-6100 1-- Hrzntl Chassis Exhaust (Front of Rr wheel) 1 09-01-4200-- Chassis Cab Exterior Trim Pkg 2-Dr Comm Chassis 1 09-01-4202-- Cap Step Overlay, Commercial , 2 Dr LH Side 1 09-01-4204-- Cap Step Overlay, Commercial, 2 Dr RH Side 1 10-02-1100-- Label, Data, Fluid Levels 1 10-02-1200-- Label, Data, Height x Length, Weight 1 10-02-1300-- Label, Data, "No Ride" Rr Step 1 10-02-2100-- Label, Indicating Number of Seats 1 10-02-2500-- Label, "Caution: Do Not Wear Helmet While Seated" 1 10-03-6110-- Tow Plates (2), Rr Frame Rail, Abv Step FS 1 80-43-2400 1-- Painting, Tow Plates, Blk 1 10-06-1600-- Tire Pressure Indicator (Sngl Axle) 1 FIRE PUMPS 1 19-03-3010-- Pump, Darley, HM, 1 Stage, PTO 1 01-17-0150-- Pump Warranty, Darley, 6 Years, BR 1 19-03-3100-- Pump Flow Rating, Darley, HM, 500 GPM 1 22-03-1350-- Intk, Ungated, 4", LH Side - FS 1 22-41-6100 1-- Cap, 4", Chrome Long Hndl FS 1 27-10-3250 1-'Pressure Gvrnr, FRC, In-Cntrl, w/Bdy FS 1 20-05-2100-- Pump Seal, Packing, Darley, Adjustable 1 20-05-5150-- Pump Primer, Darley, 12V Elec, Mnl Pull Cntrl - FS 1 20-30-5200-- Pump Install, Midship PTO, By Bdy Bldr - FS 1 20-31-1650-- Pump Test, Factory Test Only - FS 1 STAINLESS STEEL PUMP PLUMBING 1 01-17-1100-- Plmbg Warranty, Stnls Stl, 10 Years, BR 1 21-00-1100-- Piping, Stnis Stl 1 21-01-5650-- Intk Manifold, Stnis Stl - FS 1 21-01-6650-- Dschg Manifold, Stnls Stl - FS 1 21-01-0250-- Pump Drain, Master, Manifold, Push Pull Type FS 1 21-01-7300-- Painting, Pump & Piping, Unpainted 1 21-01-8100-- Threads, National Hose (NST) 1 22-52-0200-- Tank -To -Pump, Water Tank, 2-1/2", PTO 1 22-55-1150-- Intk Vlv Cntrl, Pull Rod, 1/4 Turn Lckg - FS 1 24-61-1850-- Valve (2-1/2") 1 23-02-2200-- Tank Fill/Cooling Line, Water Tank, 1-1/2" FS 1 24-50-1150 -- Dschq Vlv Cntrl Pull Rod 1/4 Turn Lck - FS 1 DISCHARGES 23-09-4200-- Dschg, 2-1/2", Left Side, Pump Panel - FS 21-01-2150 1-- Dschg Bleeder, Mnl 1/4 Turn (std) - FS 24-02-3200 1-- Elbow, 2-1/2"F x 2-1/2"M, Chrome - FS 24-03-3400-- Cap, 2-1/2", Chrome, Rocker Lug, w/Chain FS 24-50-1150 1-- Dschg Vlv Cntrl, Pull Rod, 1/4 Turn Lckg - FS 24-61-1850-- Valve (2-1/2") 27-02-1150 1-- Gauge, Dschg, 2-1/2" 400#, White Face 23-10-4200 1-- Dschg, 2-1/2", Right Side, Pump Panel - FS 21-01-2150 1-- Dschg Bleeder, Mnl 1/4 Turn (std) - FS 24-02-3200 1- Elbow, 2-1/2"F x 2-1/2"M, Chrome - FS 24-03-3400 1-- Cap, 2-1/2", Chrome, Rocker Lug, w/Chain FS 24-50-1150 1-- Dschg Vlv Cntrl, Pull Rod, 1/4 Turn Lckg - FS 24-61-1850 1-- Valve (2-1/2") 27-02-1150 1 Gauge, Dschg, 2-1/2" 400#, White Face 24-30-4700 1-- Hose Reel, HAN, Lwr Rr Cmpt, Elec, Stl Pntd - FS 24-32-2200 1-- Dschg, Hose Reel, 1" - FS 21-01-2150 1 Dschg Bleeder, Mnl 1/4 Turn (std) - FS 24-50-1150 1-- Dschg Vlv Cntrl, Pull Rod, 1/4 Turn Lckg - FS 24-61-1800 1-- Valve (1") 27-02-1150 1 Gauge, Dschg, 2-1/2" 400#, White Face 24-33-2700 1-- Hose, Water, 800#, 1" x 150', 50' Lengths - FS 24-34-9300 1-- Roller, Hose Reel, Rr - FS WATER TANKS 25-25-0500 1-- Water Tank, 2000 Gal, Pmpr/Tnkr, , Poly FS 25-44-1400 1-- Water Tank, Fill Tower, 10" x 10", <3500 Gals 25-50-4200 1-- Direct Tank Fill, 2-1/2" Rr, Hndl On Vlv 25-62-7210 1-- Quick Dump, Rr 10", Extrnl Mt w/Swivel FS 25-62-2100 1-- Quick Dump, Rr 10", Mnl Open/Close Cntrls 25-62-7610 1-- Quick Dump, Rr 10", Pntd Stl 25-62-7700 Quick Dump Chute, Rr, Swivel Dump PUMP ENCLOSURE 26-12-3000 1 - Pump Enc, Side Mt, Front Compt Tanker Style 26-35-1100 1-- Pump Panel, Bltd, LH 26-35-7000 1-- Pump Panel, Blk Thermo, LH/RH, SM - FS 26-55-5000 1 Labels, Test Data and Safety Placards 26-55-5100 1-- Labels, Color Coded LIGHTING OF SIDE PUMP PANEL and ENCLOSURE 26-56-5100 1-- Pump Panel Lt, Midship LH, With Swtch 26-56-5200 1-- Pump Panel Lt, Actuated w/Pump Engagement PUMP PANEL INSTRUMENTATION 27-01-4150 1 - Gauge, Test Taps 27-35-2050 1-- Water Tank Gauge, Class 1, Intelli-Tank, Pump Panel TANKER FX BODY CONFIGURATION 43-00-4100 1 Hosebed, 68" Wide 43-00-4150 1-- Hosebed, Grating, Extrd Alum, Sngl Axle 43-00-4300 1-- Hosebed Cvr, Vinyl, Sgl Axle 43-00-5250 1 Suction Hose Tray, Over Cmpt's 43-00-5310 1-- Fldg Tank Mntg, Fold Down Open Tube BODY CONSTRUCTION FX - 1/8" ALUM 43-00-0330 I Sub Frame, Steel 43-08-0510-- Doors, Rollup, Specs 43-08-0512 1-- Roll Up Doors - ROM Mfg LEFT SIDE COMPARTMENTATION 43-10-1600-- Ahead Rr Whls - Low Comp't - Roll Up Dr 55-02-2200-- Cmpt Lt, Incan, (1) Ea Cmpt FS 55-06-1100 1-- Cmpt Lt, Dr Swtch, Auto, Ea RIGHT SIDE COMPARTMENTATION 43-12-1600-- Ahead Rr Whls - Low Comp't - Roll Up Dr 55-02-2200-- Cmpt Lt, Incan, (1) Ea Cmpt FS 55-06-1100 1-- Cmpt Lt, Dr Swtch, Auto, Ea 43-18-0600-- Extrd Alum Rubrails 43-18-0700-- Overlays / Alum Treadplate - Smooth Rear for Chevron 43-18-1000-- Rr Step / Tailboard 12" 43-19-3100-- Handrails, Pmpr, Rr Step, Vrtcl, 48", Pair 43-19-4100-- Step, Fldg, Rr 12 VOLT ELECTRICAL 50-03-1050-- Elecal, Base, Standard, W/O Load Mgmt - FS 50-12-5200-- Elecal Console, In Cab - FS 50-15-3500-- Battery Swtch, Mstr Disconnect - FS 50-44-1000-- Air Horns, (2) Hood Mted - FS 50-44-1010 1-- Air Horn Cntrl, Driver, Horn Ring - FS 51-05-7100-- Lt, Engine Cmpt, 12 Volt Incan W/Swtch FS 51-05-7200-- Lt, Pump Cmpt, 12 Volt Incan W/Swtch FS 52-01-1800-- Back Up Alarm - FS 52-02-1400-- Back Up Camera, Federal Signal, Color 53-01-1500 1-- Marker Lts, LED DOT Requirements - FS 54-02-1700-- Ground Lts, Cab - FS 54-03-1150-- Ground Lts, Pump Panel, Incan, Pair - FS 54-03-1550-- Ground Lts, Rr Step, Incan, Pair - FS 54-04-1999-- Lt Swtch , Ground Lts w/ Park Brake 54-10-1600-- Step Lt, Rr Step, Ea - FS 54-11-2100 1-- Lt Swtch , Step/Wlkwy Lts Wired Park Brake Swtch 55-11-2000 (-- Dr Open/Hazard Wrn Lt, Flashing Marker, Red Lens FS 56-01-2000-- Siren, Elect, Code 3 3672 V-Con FS 56-02-2000-- Spkr, F-S Dynamax, 100 Watt - FS EMERGENCY LIGHTING PACKAGES 53-03-0210-- Code 3 LED DOT Lting Package (46) 53-03-2100-- Tail/Brake Lts, Code 3, LED, 4"x6" 53-04-2100-- Turn Signals, Code 3, LED, 4"x6" 53-06-3000-- Backup Lts, Code 3, LED, 4"x6" 56-01-4000-- Siren, Elect, Code 3 3672 V-Con 56-01-4010 1-- Spkr, F-S Dynamax, 100 Watt - FS 57-03-4100-- Ltbar, Code 3, LED-X, 2158NFPA2, 58" F£ 58-04-3100-- Wrn Lts, Code 3, LwrFrnt, (2) #45 LED 58-10-3100-- Wrn Lts, Code 3, Intrsct, (2) #45 LED 58-37-3100-- Wrn Lts, Code 3, Low Rr Side.(2) #45 LED 58-72-3000-- Wrn Lts, Code 3, Upper Rr, (2) 550 Rotary 58-74-5300 1-- Stanchions, Rr Wrn Lt, Cast Alum 58-82-3100-- Wrn Lts, Code 3, LwrRr, (2) #45 LED 58-91-1200-- Traffic Arrow, Whelen, 36" LED, TAL65 58-95-1300-- Traffic Arrow Lt Mntg, Surface Mt, Rr Bdy No Text POUDRE FIRE AUTHORITY 2109 WEST CHASE FT. COLLINS, CO 80525 rn5enhauer DATE: MAY 17, 2012 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the Poudre Fire Authority, hereinafter called the BUYER and an officer of Rosenbauer South Dakota, LLC, hereinafter called the COMPANY, the following apparatus and equipment: TWO (2) ROSENBAUER TANKER APPARATUS BODIES AND SPECIFIED EQUIPMENT ($87,588.00 EA) $175,176.00 TWO (2) FREIGHTLINER M2 112 CHASSIS ($98,160.00 EA) $196,320.00 TOTAL $371,496.00* THREE HUNDRED SEVENTY ONE THOUSAND, FOUR HUNDRED NINETY SIX DOLLARS All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and which are made a part of this agreement and contract. DELIVERY: The estimated delivery time for the completed apparatus, is to be made 270 days after receipt of and approval of this contract duly executed, (chassis must arrive within 120 days or delivery may be delayed), subject to all causes beyond the Company's control. A $100.00 per day`-penaitq",w1I apply if the completed yehlcle is -not delivered within the number of days, set forth above' The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. The Company cannot be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no changes take place during pre -construction, mid -point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. PAYMENT TERMS: Final payment for the apparatus shall be made at time of delivery or pick up of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon deliver/ of the apparatus or upon pickup of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. MISCELLANEOUS PROVISIONS: This agreement shall be construed in accordance with the laws of the State of South Dakota. The parties agree that any litigation arising from or in connection with any dispute between the parties under this agreement shall be venued in South Dakota. The parties agree that this agreement bears a rational relationship to the State of South Dakota, and they consent to the personal jurisdiction of such state and further consent and stipulate to venue in the above described court PFA REPRESENTATIVE: Poudre Fire Authority will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement, including final acceptance of the completed apparatus. All requests concerning this agreement shall be directed to the PFA Representative. ACCEPTANCE NOT WAIVER: PFA's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to PFA under this Agreement or cause of action arising out of performance of this Agreement. WARRANTY: a. The Company warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials incorporated into the work shall be new and of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to PFA. C. The Company warrants all materials provided under this Agreement, except PFA-furnished materials, against defects and nonconformance in design and workmanship for a period beginning upon final acceptance of the finished apparatus and ending twelve (12) months from and after such final acceptance. Upon receipt of written notice from PFA of any such defect or nonconformance, the affected item or part thereof shall be redesigned, repaired or replaced by the Company in a manner and at a time acceptable to PFA. DEFAULT: Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. ' REMEDIES: In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. BINDING EFFECT: This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. www.rosenbaueramerica.com ROSENBAI!ER SOUTH DAKOTA, LLC, ROSENBAUER MINNESOTA. LLC. 100 THIRD STREF 5187 PeOTH STREET P.O. BOX 57 P.O. BOX 949 LYG%. COUTH DAKOTA, 7- I 'r%11r01aING. l:11NrlESOTA.55092 P: �:Oi:13.5.i91 P: r61 021Cr'0 info @ rosenbaueram erica.com ROSENBAUER MOTORS, LLC 5:90 280TH CTREET P.O. BOX 519 'vd`!0!:IINC. MINNESOTA 55092 P: r.51432AMG ROSENBAUER AERIALS. LLC 570 CCUTH BROAD STREET FR&.19F, NEBRASi:i'v025 P: =92 72L71i22 10 rasenbauer "Note: If chassis are paid for upon arrival at plant in Lyons, SD, deduct $3,926.00 ea. ($7,852.00) from final payment. The amount in this proposal shall remain firm for a period of 30 days from the date of same. Respectfully submitted, DEALER: MAX FIRE APPARATUS, LLC SALES REP: Lyle Achzioer POUDRE FIRE AUTHORITY We accept the above proposal and enter into co ract with signature below. / 7 Title %� !t-%.- Date After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by the Company thereby putting the document in force. ROSENBAUER SOUTH DAKOTA LLC Title Date / www.rosenbaueramerica.com info @rosenbaueramerica.com ROSENBA.UER SOUTH DAKOTA, LLC. ROSEi IBAUER MINNESO TA, LLC. ROSENBAUER P:IOTORS, LLC. ROSENBAUER .AERIALS, LLC. 103 THIRD STREET 5131 2a'1TH STREET 5190260TH STREET 3 SOUTH BROAD STREET P.O. BOY. 57 P.O. BOX 549 P.O. PAY 549 FREMONT. P EBRASKA 661r1:5 LYONS. SOUTH D.AKOTA 57041 ''MOkIING. h1INNESOTA 55092 V HOMING, MINNESOTA 55092 P:?02721 7022 P:'A5.543.5591 P:651.412IND P:6�51.46210 0 �i4i i a. 9t 77 February, 2012 Independent Cost Estimate: two (2) Tenders for Poudre Fire Authority (PFA) Prices were obtained using online sources for Tenders with 1800 to 2200 gallon capacities Super Vac $192,500 Crimson Fire $180,000 KME $185,000 Pierce $172,000 Midwest $187,237 Average: $183,347 x 2 = $366,694 These are all established companies selling fire apparatus of all types and sizes. The prices listed reflect differences in company policy and installed equipment. We believe the average price accurately describes cost of two well-equipped tenders. Initial discussions with Rosenbauer and Pierce resulted in the following price quotes for similarly equipped tankers: Pierce $169,939 Rosenbauer $166,344 Based on these prices and an evaluation of the two firm's products, PFA selected Rosenbauer for further discussion and tender configuration. May, 2012 Price Analysis: Rosenbauer FireStar tankers: $363,644 for two Average cost of similarly equipped tankers: $366,694 for two Based on our own cost estimate, pricing for the Rosenbauer FireStar is both fair and reasonable. Their offered price includes a performance bond. ARRA and EPLS, Rosenbauer America