Resolution No. 83331
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RESOLUTION NO. 8333
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EQUIPMENT PURCHASE CONTRACT BY AND BETWEEN THE
CITY OF VERNON AND B. FOSTER & COMPANY, INC. FOR
AUXILIARY RESCUE UNIT AND RELATED EQUIPMENT
WHEREAS, the City of Vernon has obtained funds from a State
lHomeland Security Grant Program, Grant No. 2003-35, for fire equipment;
land
WHEREAS, the Vernon Fire Department desires to use the funds
(received for an Auxiliary USAR Trailer, together with optional
equipment (collectively referred to as the "Auxiliary Rescue Unit");
and
WHEREAS, the Auxiliary Rescue Unit is a fully contained
source of air for breathing equipment, has lighting to increase on
scene visibility and is very mobile; and
WHEREAS, the purchase of the Auxiliary Rescue Unit would
enhance the Fire Department's response capability and improve the
effectiveness of its operation, thereby enhancing the services provided
to citizens, residents and businesses within the Vernon community; and
WHEREAS, the Vernon Fire Department has determined that B.
Foster & Company, Inc. ("B. Foster") is the only manufacturer that can
provide the specialized equipment meeting the specifications and
requirements of the Department; and
WHEREAS, on December 8, 2003, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, Director of
Finance, dated December 4, 2003, to purchase the equipment from B.
Foster for the Auxiliary Rescue Unit using grant funds; and
WHEREAS, the City Council of the City of Vernon has
1 determined that, pursuant to the provisions of subsection (a) of
2 Section 2.27 of the Vernon City Code, it is in the public interest and
3 necessity to enter into a contract with B. Foster for the purchase of
4 the Auxiliary Rescue Unit to enhance services provided to the Vernon
5 community.
6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
7 CITY OF VERNON AS FOLLOWS:
8 SECTION 1: The City Council of the City of Vernon hereby
9 finds and determines that the recitals contained hereinabove are true
10 and correct.
11 SECTION 2: The City Council of the City of Vernon hereby
12 approves the Equipment Purchase Contract with B. Foster & Company,
13 Inc., a copy of which is attached hereto as Exhibit "A" and made a
14 part hereof.
15 SECTION 3: The City Council of the City of Vernon hereby
16 authorizes the Mayor and the City Clerk to execute said Contract for,
17 and on behalf of, the City of Vernon.
18 SECTION 4: The City Council of the City of Vernon hereby
19 directs the City Clerk, or his designee, to send one fully executed
20 Contract to:
21 B. Foster & Company, Inc.
Attn. Gabe Fortmann
22 100 East 6th Street
23 Waynesboro, PA 17268
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SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of December, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB G, May
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8333, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
December 17, 2003, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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EQUIPMENT PURCHASE CONTRACT
THIS CONTRACT is made, entered into and executed in duplicate
originals, either copy of which may be considered and used as the
original hereof for all purposes, as of this day of December,
2003, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
: I D
B. FOSTER & COMPANY, INC.
(hereinafter referred to as
"BFoster")
100 East 6th Street
Waynesboro PA 17268
WHEREAS, the City's Fire Department has obtained funds from a
FY 2003 State Homeland Security Grant Program (Part II), Grant No.
2003-35, for fire equipment; and
WHEREAS, the Fire Department desires to use the funds
received for an Auxiliary USAR Trailer, together with optional
equipment consisting of a four bottle cascade system, power rescue and
hand tools, reels and cables, and all weather cover (collectively
referred to as the Auxiliary Rescue Unit"); and
WHEREAS, the Auxiliary Rescue Unit is a fully contained
source of air for breathing equipment, has lighting to increase on
scene visibility and is very mobile; and
WHEREAS, the purchase of the Auxiliary Rescue Unit would
enhance the Fire Department's response capability and improve the
effectiveness of its operation, thereby enhancing the services provided
to citizens, residents and businesses within the Vernon community; and
1 WHEREAS, the City's Fire Department has determined that
2 BFoster, is the only manufacturer who can provide the specialized
3 equipment meeting the specifications and requirements of the
4 Department; and
5 WHEREAS, BFoster has prepared a Quote dated on or about
6 September 2, 2003, (the "Proposal"), a copy of which is attached hereto
7 as Exhibit "A" and incorporated herein by reference; and
8 WHEREAS, BFoster represents that it is qualified and capable
9 of providing the Auxiliary Rescue Unit described in Exhibit "A" that
10 the City requires and is willing to do so on the terms and conditions
11 set forth below.
12 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
13 FORTH HEREIN:
14 1. Purchase.
15 BFoster agrees to sell, purchase on behalf of the City, and
16 deliver the Auxiliary Rescue Unit as set forth and described in detail
17 in its Proposal. Where necessary BFoster must purchase the equipment
18 on behalf of the City and/or in the name of the City, in order to
19 ensure that the warranty for said equipment will inure to the benefit
20 of the City. It is understood and agreed that in the event of a
21 conflict between this Contract and the Proposal, the terms of this
22 Contract shall prevail.
23 2. Time of Performance.
24 The performance of BFoster as identified herein shall
25 commence upon the signing of this Contract and shall be completed by
26 BFoster, unless otherwise terminated or extended. Delivery is expected
27 to be completed no later than four (4) weeks from the issuance of
28 City's purchase order. If delivery of the Auxiliary Rescue Unit is not
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1 completed within this time period, the City shall have the option of
2 canceling this Contract in order to proceed with the purchase of the
3 equipment from another vendor, if one can be located. The Contract
4 completion date may also be extended, at the City's sole discretion,
5 for an additional thirty (30) days, or such other time as the parties
6 may agree in order to complete the work specified herein.
7 3. Price.
8 BFoster agrees to sell or purchase on behalf of the City and
9 deliver the Auxiliary Rescue Unit described in its Proposal in the
10 total amount of Seventy -Nine Thousand Seven Hundred Eighty Dollars
11 ($79,780.00), including packaging and shipping charges and excluding
12 taxes. BFoster is only authorized to charge and collect sales and use
13 taxes imposed by the State of Pennsylvania. If other sales taxes are
14 applicable, City will report and pay such taxes to the appropriate
15 taxing entity.
16 4. Payment Terms.
17 The City agrees to pay BFoster one hundred percent (100%) of
18 the total purchase price, net thirty (30) days after delivery and
19 acceptance of the Auxiliary Rescue Unit by City FOB destination and
20 City's receipt of an invoice from BFoster. BFoster shall be
21 responsible for any approved subcontractors used in the performance of
22 this Contract. Approved subcontractors shall not bill the City
23 directly.
24 5. Change and Extra Services.
25 The City reserves the right to request changes in the
26 equipment design, delivery dates, or additions to or deletions from the
27 equipment purchased from BFoster. All such changes shall be
28 incorporated in written change orders executed by the City and BFoster
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1 that shall specify the changes ordered and the adjustment of prices,
2 delivery schedules and warranties. Any equipment or services added to
3 this Contract, under this section, shall be.executed under all
4 applicable conditions of this Contract. No claim for additional
5 compensation or extension of time shall be recognized unless contained
6 in a duly executed change order.
7 6. Cancellation/Default.
8 In the event that BFoster commits a breach of a material
9 condition of this Contract, City shall notify BFoster in writing of
10 said breach and if BFoster has not cured or begun reasonable efforts to
11 cure after fifteen (15) days of receipt of said notice, and fails to
12 diligently pursue corrective action, then City shall have the right to
13 cancel this Contract for cause based on BFoster's default. BFoster
14 shall be responsible for any direct costs due to City's re -procurement
15 of the equivalent of the equipment or services cancelled from BFoster.
16 7. Confidential Information.
17 A. Access to Confidential Information. City may provide
18 BFoster, and/or its subcontractors with, or allow BFoster and/or its
19 subcontractor access to certain information not available to the public
20 concerning, but not limited to City, or businesses located in City.
21 The information may include, but is not limited to, company
22 information, taxes, sales, value of assets, utility usage, or other
23 such information. All such information shall be known as "Confidential
24 Information" and may not be used to circumvent the responsibility of
25 either party to this Contract.
26 B. No Disclosure. Except as expressly permitted, BFoster,
27 and/or its subcontractors, shall not disclose, permit the disclosure
28 of, release, disseminate, or transfer, whether orally or by any other
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1 means, any part of such Confidential Information to any other person or
2 entity, whether corporate, governmental, or individual, without the
3 express prior written consent of an authorized representative of City.
4 BFoster, and/or its subcontractors, shall return any written
5 Confidential Information, and all copies made of such items, to City
6 upon City's written request, but in any event not later than the date
7 that BFoster and/or its subcontractors has performed all services to be
8 performed pursuant to this Contract. BFoster hereby agrees that such
9 Confidential Information and any documents provided may be used by
10 BFoster, and/or its subcontractors, only as authorized by City.
11 BFoster shall include a contract provision in its contract with
12 subcontractors that bind the subcontractors to this non -disclosure
13 requirement. BFoster shall take reasonable measures to avoid any
14 disclosure of any such Confidential Information to any unauthorized
15 person.
16 C. Court Ordered Disclosure. BFoster shall immediately
17 notify City of any court order or subpoena requiring disclosure of
18 Confidential Information, and shall cooperate with City's legal counsel
19 in responding to any such order or subpoena. BFoster may only disclose'
20 Confidential Information required to be disclosed pursuant to court
21 order or subpoena after legal counsel has exhausted any lawful and
22 timely appeal or challenge.
23 D. Remedies. In addition to any other remedies that it may
24 have at law or in equity, City shall be entitled to a temporary and
25 permanent injunction by a court of competent jurisdiction against any
26 breach or threatened breach of the Confidential Information provisions
27 of this Contract. BFoster acknowledges that in case of such breach or
28 threatened breach of said provisions, City would have no adequate
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remedy at law.
8. Warranties.
BFoster warrants title to the equipment purchased hereunder
and any part thereof to be free of any claim of any security interest,
lien or any encumbrance. BFoster also warrants that the equipment will
be delivered new and shall be free from defects in material and
workmanship. BFoster shall provide a two (2) year material warranty
to begin upon acceptance of the Auxiliary Rescue Unit by City. All
manufacturers' warranties, a copy of which are attached hereto as
Exhibit "B" and incorporated herein by reference, any warranties
typically provided by BFoster and any other warranties made applicable
by law shall apply to the City's purchase of the Auxiliary Rescue Unit.
BFoster will take appropriate and necessary steps to ensure that the
warranties from DPS, Kohler Co., Hannay Reels, Inc., Hale Products,
Inc., Johnson Outdoors Inc., Sierra Precision inure to the benefit of
the City.
9. Compliance with Laws.
BFoster shall strictly observe and comply with all applicable
federal, state, and local laws, ordinances and regulations governing
this sale, including but not limited to any permit or license
requirements of the United States Department of Commerce, as well as
any laws of the United States of America.
10. Governing Law.
The validity, interpretation and performance of this Contract
shall be controlled and construed under the laws of the State of
California.
11. Forum Selection.
Any action brought relating to this Contract shall be brought
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1 and held exclusively in a State Court in the County of Los Angeles,
2 California.
3 12. Notices.
4 Notices to the parties, unless otherwise requested in
5 writing, shall be sent to:
6 City: CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
7 CITY ADMINISTRATOR
8 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
9 BFoster: B. FOSTER & COMPANY, INC.
10 ATTN: GABE FORTMANN
100 EAST 6TH STREET
11 WAYNESBORO, PA 17268
12 13. General Provisions.
13 A. Independent Contractor.
14 At all times during the term of this Contract, BFoster shall
15 be an independent contractor and shall not be an employee of the City.
16 The City shall have the right to control BFoster only insofar as the
17 results of BFoster services rendered pursuant to this Contract;
18 however, the City shall not have the right to control the means by
19 which BFoster accomplishes services rendered pursuant to the Contract
20 except to the extent that such services involve the use of City
21 property or Confidential Information.
22 B. BFoster Not Agent.
23 Except as provided for herein or as the City may otherwise
24 specify in writing, BFoster shall have no authority, express or
25 implied, to act on behalf of the City in any capacity whatsoever as an
26 agent. Except as provided for herein, BFoster shall have no authority,
27 express or implied, pursuant to this Contract to bind the City to any
28 obligation whatsoever.
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1 C. Indemnification.
2 BFoster shall indemnify, defend, protect and hold the City
3 and its officers, agents and employees, free and harmless from and
4 against any and all claims, demands, losses, damages, liabilities,
5 fines, charges, penalties, orders, judgments and all costs and expenses
6 incurred in connection therewith, including reasonable attorney's fees
7 and costs of defense arising out of or attributable to the negligent or
8 wrongful acts of BFoster, or its subcontractors, employees or agents in
9 the performance of services under this Contract, except to the extent
10 arising from or caused by the sole negligence or willful misconduct of
11 the City, its officers, agents or employees.
12 D. Comprehensive General and Automobile Insurance.
13 BFoster agrees to provide insurance in the amounts and forms
14 specified in Exhibit "C," which is attached hereto and made a part
15 hereof by reference. Comparable coverage shall be provided for each
16 subcontractor used in the performance of this Contract. BFoster shall
17 submit to the City documentation indicating compliance with these
18 minimum requirements no less than one (1) day prior to the beginning of
19 performance under this Contract. BFoster shall not commence
20 performance of its services under this Contract until the above
21 insurance has been obtained and proof of insurance has been filed with
22 and approved by the City.
23 E. Assignment and Subcontracting Prohibited.
24 No party to this Contract may assign or subcontract any right
25 or obligation pursuant to this Contract without the express written
26 consent of the other party. Any other attempted or purported
27 assignment of any right or obligation pursuant to this Contract shall
28 be void and of no effect.
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1 F. Entire Agreement.
2 This Contract constitutes the complete and final expression
3 of the agreement of the parties and is intended as a complete and
4 exclusive statement of the terms of their agreements and supersedes all
5 prior and contemporaneous offers, promises, representations,
6 negotiations, discussions, communications and agreements which may have
7 been made in connection with the subject matter hereof. All exhibits
8 are incorporated by reference. BFoster represents that in entering
9 into this Contract, it has not relied on any previous representations
10 or understandings of any kind or nature.
11 G. Partial Invalidity.
12 Wherever possible, each provision hereof will be interpreted
13 in such manner as to be effective and valid under applicable law, but
14 in case any one or more of the provisions contained herein will, for
15 any reason, be held to be invalid, illegal or unenforceable in any
16 respect, such provision will be ineffective to the extent, but only to
17 the extent, of such invalidity, illegality or unenforceability without
18 invalidating the remainder of such invalid, illegal or unenforceable
19 provision or provisions or any other provision hereof, unless such a
20 construction would be unreasonable or contrary to the intent of the
21 parties as expressed in this Contract.
22 H. Time of the Essence.
23 Time is of the essence in the performance of this Contract
24 and of each and every provision hereof. The waiver by the City of any
25 breach or breaches hereof shall not be deemed, nor shall the same
26 constitute, a waiver of any subsequent breach or breaches.
27 I. Risk of Loss.
28 Title and risk of loss or damage shall pass to City and
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1 delivery shall be deemed to be complete upon delivery FOB destination.
2 J. Attorneys' Fees.
3 In the event that it becomes necessary for either party to
4 this Contract to enforce any of the provisions of this Contract, the
5 parties agree that a court of competent jurisdiction may determine and
6 fix reasonable attorney's fees to be paid to the successful litigant.
7 K. Benefit of Agreement.
8 This Contract shall bind and benefit the parties hereto and
9 their heirs, successors, and permitted assigns.
10 L. Force Majeure.
11 Neither party shall be considered to be in default in any of
12 its obligations under this Contract when a failure of performance shall
13 be due to an uncontrollable force. The terms "uncontrollable force"
14 shall mean any cause beyond the control of the party affected;
15 including, but not restricted to, flood, earthquake, storm, fire,
16 lightening, epidemic, war, riot, civil disturbance or disobedience,
17 labor dispute, labor material shortage, sabotage, federal, state, or
18 municipal action, statute, ordinance, or regulation, embargoes or the
19 United States Government or any other government, which by exercise of
20 due diligence such party could not reasonably have been expected to
21 avoid and by exercise to due diligence has been unable to overcome.
22 Either party rendered unable to fulfill any of its obligations under
23 this Contract by reason of an uncontrollable force, shall give written
24 notice within five (5) business days of such fact to the other party
25 and shall exercise due diligence to remove such inability with all
26 reasonable dispatch.
27 M. Waiver.
28 Any waiver at any time by either party of its rights with
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12/17/2003 00:54 7177625656 BFOSTERCOMPANY PAGE 02
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respect to a default under this Contract, or with .respect to any other
matters arising in connection with this Contract, shall not be deemed a
waiver with respect to subsequent default or other matter.
N. Amendment.
All changes or modifications to this Contract shall be in a
writing stating that it is an amendment to this Contract and shall be
signed by both parties or their duly authorized agents. This Contract
shall not be modified through course of dealing, usage or trade.
IN WITNESS WHEREOF, the parties have caused this Contract to
be executed by and through their authorized officers on the date, month
and year first written above.
ATTEST:
BRUCE V. MA.LKENHORST, City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
By:
CITY OF VERNON
LEONIS C. MALBURG, Mayor
B. FOSTER & COMPANY, INC.
By.- !f
Title.
By--4
Title:
EXHIBIT
m
�• _•+•----- ------ ri r ro +�ccr i5_-UtaItKV-XJ. INC. PAGE 02
B. FOSTER & COMPANY, INC.
Manufacturers of F08tAr Rescue Products
800-304-2818 • FAX 717-752_6721 Website www.ForterRe$cue.com
USAR Trailer Quote
Date- 9/2/2003
Customer. Mike Langer
Captain
Vernon City Fire Station #3
City of Vernon, CA 90o58
FAX 323-262-3695
Model Feature/O tion
Price
USAR Trailer
Aluminum enclosure with steel frame
49,995
1 - 35M Dexter FZ Lube Torsion Axle
std
22 cubic feet of storage
std
Havis-Shield Magna Fire 3,000 (fixed) 900 watt 32,000 Lumens
Havis-Shield Magna Fire 3.000 (portable)32,000
std
watt lumens
7 gal• gas tank with 8 -12 hrs of
aid
std
External gas filler neck and cap
std
13 Hp Kohler Command Pro Engine
Syncro 10 KVA brushless alternator - 8600 wefts max sustained
Fni oil bathed. piston air
Mid
std
compressors - Max. 145 psi
Hurst 5,000;psi 220 V hydraulic pump
sid2
1 - Hannay electric return I air hose and reel
std
1 - Hannay electric return 1SW electric cable and reel
std
std
1 - Hannay electric return I hydraulic hose and reel
1 - Federal Signal Traffic Advisory Light Stick
aid
1 - Hurst Maverick Combination Tod (spreader & cutter)
std
1 - Hurst 18" to 40" hydraulic ram
std
2 - 30' hydraulic extension hoses
std
1 - Hurst multi -tool manifold
std
1 - Hurst rescue air bag control console
std
2 - Hurst 26 ton air bags with air lime extension hoses
std
Sid
1 - Saddlebag for air extension hoses
3 D-rings for crane/helicopter lifting
std
LED runnino lights -package
std
rr-__._ .- --mm
Optional Equipment:
Four bottle cascade system- approx. 35 SCBA refills 19.995
4 - HC-4500 psi cylinders
1- Sierra Precision Booster
2 - SCBA filling stations
Control panel
Applicable hosing and fixtures
Reels
1 - Hannay electric return 150' air hose and reel 1.195
1 - Hannay efectric return 150r electric cable and reel 2.395
Page 1 of 2
ny/IofLoaJ 11:LL /11/0:J7G4! o_r1.z. Ir-rK&I-U.INN.. rHUt k7�
B. FOSTER & COMPANY, INC.
Manufacturers of Foster Rescue Products
800-304-2818 - FAX 717-762.6721 Website www.FosterR*scue.com
USAR Trailer Quote
Date: M/2003
Customer; Mike Langer
Captain
Vernon City Fire Station #3
City of Vernon. CA 90058
FAX 323-262-3695
Model Feature/on Price
Misc
Hand Tools 2,300
Trailer All -Weather Cater 1,500
Sub -Total for Optional Equipment 27,385
USAR Trailer Complete Plus Options 77,380
Packaging & Sh!pjwng �.. 4400
USAR Trailer Complete $79,780
Page 2 of 2
EXHIBIT
1 MI,IL U 1
BB. FOSTER & COMPANY, INC.
Manufacturers of Foster Trailers
America's Choice...
• PHONE 717-765-4983 - FAX 717-765-9227 • E-MAIL bfosterandcompany@earthlink.net
100 East 6th Street, Waynesboro, Pennsylvania 17268
Date: Thursday, October 02, 2003
To: City of Vernon - Purchasing Dept.
Debbie
Fax: 323-826-1 433
From: Gabe Fortmann
Fax: 717-765-9227
Pages: 10
Dear Debbie:
Attached is a surrrmary of the warranties for the Auxiliary Rescue Unit (ARU-
285) and all the manufacturer's warranties for all of the components. If you need
anything or have any questions please feel free to call me at 800-304-2818.
Cordially,
be Foeanles M
www.fosterrescue.com
gabe@fosterrescue.com
800-304-2818
10/02/03 THU 12:34 [TX/RX NO 70221 Q 001
LI %OR U . 11 It—
rHut nt
ARU-285C Warranty Information
1. Trailer components manufactured by B.Foster & Company, Inc. are covered
under, warranty for 2 years. All trailer components not manufactured by BFC,
such as the axle, jack, and lighting are all for one year by the manufacturers.
2. The internal components meaning the engine, compressor, and battery will be
covered under the Dynamic Power Source warranty included in this
communication. Any warranty issues will first go through BFC.
a. Engine is a 2-year warranty, paperwork included.
b. Compressors are a 1-year warranty, paperwork included.
c. Battery is a 1-year warranty, paperwork included.
3. The Hurst equipment, which includes all hydraulic extrication equipment and
Airbag equipment by Hurst has a 2-ycar warranty paperwork is included.
4. The Minn Kota charger, has a 1 year warranty paperwork is included
5. A1.15 Hannay reels have a 1 year warranty paperwork is included.
6. Sierra 4500-psi booster pump for the cascade system has a 2-year warranty
paperwork included.
10/02/03 THU 12:34 [TX/RX NO 70221 U 002
• _ . • "" 4J I LI\G'ul..l. t, yam,. I--Hl7t YJ.1
Manufacturer's Limited Warranty
4 M7
B. Foster & Company, Inc. warrants each new trailer to be free fr om defer. is in material and workmanship under normal
use and service fora period oftwo (2) years from the date of original sale.
This warranty is expressly in lieu of all other warranties and representations expressed or implied, and all other
obligations or liabilities on the part of the Manufacturer•
Manufacturer's liability and obligation is limited to repair or replacement of the product or part, ora refund of purchase
price, at. the Manufacturer's option, provided the purchaser returns the claimed defective pnorlu I or part to the
Manufacturer, or authorized distributorwith transportation charges prepaid, and an examination by Manufacturer
determines that the product is defective.
Manufacturertnakes no warranty with respect to tires, wheels, axle assemblies, hitches, power components, alternators,
air compressors, reels, hydraulic extrication equipment, orotheraccessories not man t¢factured by the Manufacturer, as
these items are warranted by the respective manufacturers of those items. Failure to follow scheduled maintenance
contained in the Dexter Service Manual or the Foster Owner's Manual will void warranty on the affected items.
This warranty does not cover said product which has been repaired or altered outside of the factory of the Manuffacturer
in any way as to, in the judgetnent. of the Manufacturer affect the stability, reliability, orperformance of the product. This
warranty does not cover damage or product failure caused by accident, misuse, negligence, tampering, overloading,
improper attachment, improper maintainence, environmental damage, acts of God, nor parts susceptible to normal
wearas apart of their design.
This warranty excludes an nand all liabilityforincidental orconsequential damages.
This warranty gives you specific legal rightsproviding said product is put to its properdesigned use.
What Kinds Of Problems Can I Expect To Be Covered Under Warranty Assuming Normal Use?
Structural defects such as bad welds.
Failure of electrical systems.
Diffuse failure of paint adhesion such as paint diffusely peeling off in strips.
Misaligned structural members such as axle hangers.
What Kinds Of Clhims Will Not Be Covered Under Warranty?.
Rust leaking from inaccessible seams, open tubes, or sites of metal sandwiching -
Isolated or sporadic surface rust spots, or rust at sites of moving pane,
Structural failures caused by overloading or misuse.
Damage caused by accident,
Damage caused by failure to tighten fastening systems such as.lug nuts (see Dexter Manual pgs- 44-49).
Damage caused by failure to adjust brakes, if brakes are included.
Replacement or repair of pacts subject to wear and tear such as tires, brake pads, etc.
Some Of The Responsibilities Of The Customer
Performance of routine maintenance including axlet'brake maintenance as per Dexter Service Manual.
Observance of all placards and operating limitations; careful reading of all manuals prior to operation.
Checking and tightening of lug nuts at 10, 25, and 50 miles and periodically thereafter.
Adjustment of brakes, if applicable.
Obtaining timely completion of warranty work at time of discovery and prior to expiration of warranty.
Prepaid shipment of defective parts or trallef to manufacturer, and return shipment of trailer if warranty is denied.
Customer Name Tel Date of Purchase
St. Address City State 7-Tp
Dealership Model VIN #
My dealer has reviewed each item on this warranty with me and I agree to the terms of this Limited Warranty.
Customer Signature Date
I have reviewed each point of this Limited Warranty with the above customer.
Dealer Signature Date
Note: This Limited Wcwmnty is Void Without All Signatures & Dates OvaAwmanty
10/02/03 THU 12:34 [TX/RX NO 70221 Q 003
r_iAuL n4
WARRANTY:
DPS MAKES NO WARRANTIES (INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FiTNESS)
EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE POWERBOXTM UNLESS OUTLINED HEREIN.
EXCEPT AS OTHERWISE PROVIDED HEREIN, BUYER SHALL BE LIMITED TO THE WARRANTIES OF THE
RESPECTIVE MANUFACTURERS OF THE COMPONENT PARTS OF THE POWERBOX7w. DPS's sole
liability under this warranty is limited to the repair or replacement of defective parts and DPS's total cost of
replacement will be limited to the purchase price paid for the Powerbox m. Except with respect to the parts set
forth below, for a period of time equal to the earlier to occur of i) three years from the date of purchase by the
original retail purchaser, or il) until such time as the original retail purchaser has used the PowerboxTM for 6,000
hours, DPS will repair or replace, at the sole option of DPS, original parts that fail due to defects in material or
workmanship for the original retail purchaser, as determined by an authorized DPS Warranty Service Center.
This Warranty covers parts and related labor charges, up to the amount of the purchase price paid for the
PowerboxTm. Any replacement part will cant' a warranty for the balance of the period of warranty applicable to
the part it replaces. To enforce this warranty, the original retell purchaser shall return the complete PowerboxI
unit or part, as applicable, transportation prepaid, to the nearest authorized DPS Warranty Service Center, with
proof of purchase.
To the extent transferable, the manufacturer warranties respecting the parts set forth below are assigned to the
original retail purchaser, for the warranty period indicated. To enforce remedies available with respect to a
below listed parts, the original retail'purchaser must seek redress against the manufacturer of such part and not
DPS, AND THE PART MUST BE OPERATED AND MAINTAINED iN CONFORMITY WITH THE OPERATING
INSTRUCTIONS OR GUIDELINES OF THE MANUFACTURER.
1. Engine Manufacturer's warranty 2 years from date of original purchase
2. Compressor Manufacturer's warranty— 1 year from date of original purchase
3. Battery Manufacturer's warranty— 6 months from date of *original purchase
This warranty does not cover the effects of normal wear, tear or deterioration of the PowerboxTM' or its
component parts; or the effects of abrasion, erosion or corrosion; or the effects of improper storage; or damages
incident to shipping and 'transportation, or abuse of the Powerboxw or its component parts or operation or
maintenance not In accordance with 1) DPS's operating Instructions or other conditions or service specified, and
ii) generally accepted practice. Further. DPS shall have no responsibility for equipment or parts furnished by, or
repairs or work done by, someone other than an authorized DPS Warranty Service Center.
DPS PRODUCTS ARE INTENDED FOR PURCHASE AND USE BY QUALIFIED COMMERCiAL/INDUSTRIAL USERS AND
PERSONS TRAINED AND EXPERIENCED IN THE USE AND MAINTENANCE OF THIS EQUIPMENT AND ITS
COMPONENTS.
THIS WARRANTY IS THE ONLY WARRANTY ON THIS PRODUCT, AND ALL OTHER WARRANTIES, WHETHER ORAL,
WRITTEN.. EXPRESS, OR IMPLIED, INCLUDING. BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. BUYER'S OR USER'S
REMEDIES ARE SOLELY AND EXCLUSIVELY AS STATED ABOVE. DYNAMIC POWER SOURCE, LLC SHALL IN NO
EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES. IN NO EVENT.
WHETHER AS A RESULT OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, SHALL DPS'S LIABILITY EXCEED THE PRICE OF THE PRODUCT WHiCH HAS GiVEN RISE TO THE
CLAIM OR LIABILITY. ANY LIABILITY CONNECTED WITH THE USE OF THIS PRODUCT SHALL TERMINATE UPON
THE EXPIRATION OF THE WARRANTY PERIOD SPECIFIED ABOVE.
SOME STATES IN THE U.S.A. DO NOT ALLOW LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY LASTS, OR
THE EXCLUSION OF INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, . SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU_ THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS,
AND OTHER RIGHTS MAY BE AVAILABLE. BUT MAY VARY FROM STATE TO STATE.
IN CANADA. LEGISLATION IN SOME PROVINCES PROVIDES FOR CERTAIN ADDITIONAL WARRANTIES OR
REMEDIES OTHER THAN AS STATED HEREIN, AND TO THE EXTENT THAT THEY MAY NOT BE WAIVED, THE
LIMITATIONS MAY NOT APPLY TO YOU.
I 01-0001-02
20 rornkr nnl a"non, 7pr
oynnMr vn.er, uc
10/02/03 THU 12:34 [TX/RX NO 70221 Q 004
D_I lJJ i r-mak U . 11Yl, .
r-'AUE e5
(c) For warranty repairs, the engine must be prowled to a Kohler Co. service center as soon as a problem exists. Call I-WO-544-2444,
or access our web site at wwwJwhWwonghos.com for the names of the nearest sank* centers. The warranty repairs should be
Oomplei$d in a reasonable amount of tithe. not to exceed 30 days.
If you have any questions regarding warranty rights and
Engine Service representative. and you should Contact Kohler Co, at 1-920-457.4441 and ask for an
COVERAGE
Kohl Co. warrants to the ultimate purchaser and each subsequent purchaser that the engine will be designed, built and equipped, at the
tlme of sale, to meet all applicable regulations. Kohler Co. also warrants to the inWW purchaser and each mgwmquent purchaser, that the
engine is free from defect in materiels and �mansltip which cause the engine 10 fail to conform with applicable regulations for a period
of two years.
Engines Produced in 1995 or Ater are warranted for two yam in California. . For 1997 and later model years, EPA "ites manufacturers to
warrant purchaser.
es for two years In all other states . These warranty period$ will begin on the date the engine Is purchased by the initial
any emission related part on the engine is defective, the part Will be replaced by Kohler Co. at no cost to the owner. Kohler
Co. is liable for
dames to otter engine componenb caused by the failure of a warranted part still under warranty.
Kohler Co, shag remedy warranty authorized dealer or warranty stall dafbM at any authorized Kohler CO. engine deafer or warranty station. Warranty repair worts done at an
on shell be free of ergo to the owner 0 such work deterrnines that a warranted part is defective.
Listed below are the Parts covered by the Fed*MI and California Emission Control Systems Warranty. Some parts Rated below may require
scheduled maintenance and are warranted up 10 the first sCfineduled repiagemettt point for than part. The warranted parts are:
Oxygen sensor (it 6WIpped)
• intake manifold (if equipped)
• Exhaust manifold (if equipped)
CdWytic muffler (if equipped)
• . Fuel mete►ng valde (if equipped)
• -10ark Dance module (it equipped)
• Crankcase breather
• Ignition module(&) with high tension lead
• Gaseous fuel regulator (if equipped)
• Electronic control, unit (r1 equipped)
• Carburetor or fuel injection system
• Fuel lines (if equipped)
• Air filter, fuel fitter, and spark plugs (only
to first scheduled replacement pokrt)
UMITA71oNs
This Emission Control SYstams Warranty shag not cover any of the following:
(a) repair or replacement required because of misuse or
not conforming to Kohler Co. negiecl.
r �mPn'+P°r maintenance, repairs improperly performed or marts
speM�ns that adVersely affect per€ormance and/or dtrraWlky and alterations or modifications not
reoomnrended or approved in writing by Kohler Co.,
(b) rePlecemeM of 130118 and other services and adjustments necessary for required maintenance at and after the first scheduled
replacement point,
(C) Consequential damages such as loss of ifine, inoomrenience, loss of use of the engine or equipment, etc.,
(d) diagnmis and inspection fees glad do not resuit in eligible warranty service being performed, and
(a) any add -on or modified Part, or Malfunction of authorized parts due to the use of add -on or modified parts.
MAKMNANCIE AND REPAIR RE411ARMENTS
The owner Is responsible for the proper use and maintenance of the engine. Kohler Co. recommends that an receipts and records covering
the PeF1011nah0o of regular maintenance be retained in Case questions arise. if the engine is resold during the warranty period, the
maintenance records should be transferred to each subsequent owner. Kohler Co. reserves the tight to deny warranty coverage If the
engine has not been Properly maintained; however, Kohler Co. may not deny warranty repairs solely because of the lack of repair
maintenance or failure to keep maintenance records.
Normal maintertence, rePIA00ment or repair of emission control devices and sysfrerrw may be perforated by any repair establishment or
individual; however, warranty rsp$ilr$ must be peafontted by a Kohler a0wrixed service center. Any replacement part or service that is
of
� lent in Pedorrrtanoe and durability may the used in ran -warranty maintenance or repairs, and shall not r�eduoe the warranty Obligations
ngine mwwkicthrer.
FOR SALES AND SERVICE INFORMATION
IN U.S. AND CANADA, CALL
1-800-544-2444
• engines
MINE DIVISION, KOHLER CO., KOHLER, WISCONSIN 53044
FORM NO.: TP-2473-E _
ISSUED: 12/94
REVISED: 12/01
MAILED:
11HU 1N U.S.A.
10/02/03 THU 12:34 IT%/Rg NO 70221 Q 005
- - - - - . _ . . -- �.� i t'Hlat lib
LIMITED 2 YEAR COMMAND ENGINE WARRANTY ,
We warrant to the original consumer that each now COMMAND
�p in normal service for a Period of trap 2 engine sold by US will be free from manufacturing defgctg in materials or
With Kohler Co.'s instntcdons and ()Years from date of purchase, provided ff 1s operated and rrrairttained in accordance
n�gptuafs.
Our obligation under this warranty is expres* limited, at our option, to the replacement or repair at Kohler Co., Kohler. Wisconsin 53044,
or at a service facility designated by us of such parts W btspedion shall disclose to have been defective.
EXCLUSIONS:
Mufflers on engines used corrrfWoWNy (rpn-residential) are warranted for one (1) year from date of purchase, ex
which are warranted for two (2) years cept catalytic mufflers,
This warranty does not apply to defects caused by casualty or unreasonable use ind re reasonable and necessary Inairdenance. uding fauhy pairs by others and failure to provide
The following items are not covered by this warranty:
Engine ac ewsories such as fuel tanks, dutches, tranOmlSslOnS, Power -drive assemblies, and batteries, unless supplied or Installed by
Kohler Co. These are subject to the warranties, It Ally, of their manufacturers.
WE SHALL NOT BE LIABLE FOR SPECIAL; INDIRECT, INCIDENTAL, OR C ONSEOUENT1AL, DAMAGES OF ANY KIND. including but
not limited to Labor costs or trartsporta gon charges In connection with the repair or replacement of defective pans.
ANY IMPLIED OR STATUARY WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE EXPRESSLY UMnW TO THE DURATION OF THIS WRITTEN WARRANTY. We make no other express warranty, nor
is any one authorized to make any in our behalf. .
Sane states do not allow limitations on how gong an implied warranty lasts, or the exclusion or Imitation of incidental or consequential
dam&gesv so the above limitation or ex&Won may not apply io you,
This warranty tWas You sP@rclegal rights, and You may also have other rights which vary from state to state.
TO OBTAIN WARRANTY SERVICE:
Purchaser must bring the engine 10 an authorized Kohler service facgity. For the facility nearest you, rxmsuh your Yellow Pages or write
Kohler Co., Attn: Engine Warranty Service Dept., Kohler, Wisconsin, 53044.
ENGINE DIVISION, KOHLER CO., KOHLER. WISCONSIN sao"
KOHLER CO.
FEDERAL, AND CALIFORNIA EMISSION CONTROL SYSTEMS
LIMITED WARRANTY
SMALL OFF -ROAD ENGINES
The U.S. Environmental Protection Agency (EPA). the California Air Resources Board (GARB). and Kohler Co. are pleased to explain d*
Federal and CdiiMmia Emission Control Systerrts Warnty on your entail off -road equipment
engines produced in IM and later must be e9 p ment engine (herein engine). For California.
t 997 error model designed, built and equipped to rr18ot bite slate's stringent ant -smog standards. In other states,
Yam engines ttsunt be designed, built and equipped, % meet the U.S. EPA regulations for small non -road engines.
The e[tgirte must be fare from defects in and which cause it to fail to conform with U.S. EPA stendamis for the first
two yeam of engine me m the
ec� of sale to the uhlnU to Purchaser. Kohler Co. must Warrant the emission control system on the engine
listed
for the period of time , provided there has been no abuse, neglect or improper maintenance.
The errwssion Control system may iftx'e parts such as the carburetor or fuel injection system, the ignition system, and ca#alyt;c converter.
Also included are the hoses, belie and contractors and other enijesion related assernblios.
WhereWhere a werrartabrle condition w( ts, Kohler Co. will repair the engine at no cast, including diagnosis (rf the diagnostic work- is performed at
authorized dealer), parts and labor.
MANUFACTURER'S wARRANTV COVERAGE
Engines produced in tS95 or later era warranted for two Years in CaRorrtga. In other 1997
and later model year e
warmrted for two years, if any emission related Parton the engine is defective, the part win
be�rep and
l e y �� are
charge• replaced by Kohler Co. free of
OWNER'S WARRANTY RESP0NSIBIL17WS
(a) �wner is mgxnsd* for the performance of the required Maintenalnce listed In the owner's manual. Kohler Co.
your i receipts Covering maintenance on the engine, Bat Kohler Co. cannot deny warranty solely for the lads
Of receipts or for assure that all scheduled
maintenandxe was perto►medf.
(b) Be aware, however, that Kohler Co. MAY deny war
ranty COVeragle ff the engine or a part has fated due t, abuse, neglect, improper
Maintenance or unapproved modificagotrs.
Continued on next page,
10/02/03 THU 12:34 [TX/RX NO 70221 Q006
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10/02/03 THU 12:34 [TX/RX NO 70221 Q 007
HAJU= Uq
NO POSTAGE
NECESSARY
IF MAILED
IN THE
UNILW STATES
BUSINESS REPLY MAIL
FIRST CLASS PERMIT NO, 13 CONSHOHOCKEN, PA 1942a
POU M3E WLL W- PM by AWFW-q ee
HURST JAWS OF LIFE
c% Hale Products, Inc.
A Unit of IDEX Corporation
700 Spring Mill Avenue • PO Box 849
Conshohocken PA 19428
LIMITED WARRANTY
Hale Products Inc. warrants the Hurst Jaws
of Life Rescue Systems to be free from defects
in material and workmanship under normal use
conditions. During the period of this warranty,
two years On all mechanical parts and labor, Hale
will repair or replace the defective parts or
equipment at Hale's option without charge. This
includes installation of such repair or replace-
ment parts as may be required. The warranty
does not include rubber hoses or rubber
products in the Jaws of Life systems assemblies.
In no event will Hale Products Inc. be
responsible for Consequential Damages.
This warranty shall not apply to units which have
been subject to misuse, negligence, or alteration.
Return of the warranty registration card is a
condition precedent to warranty coverage and
pertormance. Soma states do not allow the
exclusion or limitation of consequential dam-
ages, so the above limitation may not apply to
you. This warranty gives you specific legal rights,
and you may have other rights which vary from
state to state.
This is the exclusive warranty offered by Hale
Products Inc. for Hurst Jaws of Life Rescue
systems. Any other warranties or representa-
tions made by a distributor or any other person
shall be the responsibility of such dealer or"other
person,
For service, contact your local authorized
Jaws of Life® distributor or Hale Products Inc.
49:f�
HURST
JAWS OF LIFE
10/02/03 THU 12:34 [TX/RX NO 70221 I31008
i GROR..U. lPik, .
LIMITED ONE YEAR WARRANTY. -
Johnson Outdoors Inc. warrants to the original purchaser that the purchaser's entire
Minn Kota® battery charger is free from defects in materials and workmanship
appearing within one (1) year after the date of purchase. Johnson Outdoors will, at
its option, either repair or replace, free of charge, any parts found to be defective
during the term of this warranty. Such repair or replacement shall be the sole liabil-
ity of Johnson Outdoors Inc. and the sole remedy of the purchaser for breach of this
warranty.
This limited warranty does not apply to chargers used commercially, nor does it
cover normal wear and tear, blemishes that do not affect the operation of.the charg-
er, or damage caused by accidents, abuse, alteration, modification, misuse or
improper care or maintenance. The cost of normal maintenance or replacement of
parts which -are not defective are the responsibility of the purchaser.
To obtain warranty service in the U.S., the charger, or parts believed to be defec-
tive. and proof of original purchase (including the date of purchase), must be sent
to Minn KotaO's factory service center at 706 Holly Lane, P.O.Box 8129, Mankato,
MN.56001-8129. Any charges incurred for service calls or transportation to/from the
Minn Kota® factory are the responsibility of the purchaser. Warranty service can be .
arranged by contacting the factory at: 1.800.227.6433, 1.507.346,4623 or fax
1.800.527--.4464.
Chargers purchased outside of the. U.S.-must be returned prepaid with proof of pur-
chase to Johnson Outdoors Canada, 4180 Harvester Road, Burlington, Ontario
Canada L7L 686, Phone-1.905.634.0023.
Note: Do not return your Minn Kota® charger or parts to your retailer. Your retailer
is not authorized to repair or replace. them.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THESE LIMITED
WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES; INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS- FOR PAR-
TICULAR PURPOSE, EXTEND BEYOND ONE YEAR FROM THE DATE OF
PURCHASE. IN NO EVENT SHALL, JOHNSON OUTDOORS INC. BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
Some states do not allow limitations on how long an implied warranty lasts or the
exclusion or limitation of incidental or consequential damages, so the above limita-
tions and/or exclusions may. not apply to you. This warranty gives you speck legal
rights and you may also have other legal rights which vary from state to state.
ntz�. Apytfixie.
Look for us on the web at http,//www.mirmkotamotors.c om
10/02/03 THU 12:34 ITX/RX NO 70221 16009
'--- ' —' ' ------ w L_,, -J IL1\�. 1I YV. iQlat 1p
Warranty
Sierra Precision warrants to the original purchaser, for a period of two years, that the air
booster (not including seals and eleme motor) is free from defects in material ,and
,imrkmansh1p. Sierra Precision warrants the piston seals in the air booster for an
operation time of 200 hours and the electric motor for a period of one year, as per the
motor manufacturer's warranty.
Sierra Precision'W stile obligation under this warranty, or under any other warranty
implied by law. in the event of breach thereof, shall be as follows: for a period of two
years after Ito date on which the air boaster Is originally purchased, Sierra Precision will
either, at Its option, (a) repair, free of charge, any defect in material or workmanship in
,he air booster, or (b) replace, free of charge, the air booster with an air booster of
comparable quality.
This warranty is issued for the benefit of the original purchaser only and will not. be
available for the benefit of any transferee of the purchaser.
This,warranty shall be inapplicable if the air booster has been tampered with, modified,
misused, or atter+ed in any way.
23
rC1/T13 S>rdY11,y1a NV31b[3W -LSZEE$9170E 6E:bl E00ZIZO/01
10/02/03 THU 12:34 [TX/RX NO 70221 Q 010
EXHIBIT
1 EXHIBIT C
2 INSURANCE SCHEDULE
3 BFoster shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
4
I. Coverage and Limits
5 Bodily InjM Property Damage
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
8 Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1,000,000 per employer
11 II. Liability
12 General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
15 Contractual Liability $1,000,000 $2,000,000 $1,000,000
16 Umbrella Liability $2,000,000 $2,000,000 $2,000,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted
on or attached to the standard certificate of insurance:
18
19 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
20 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
21 3. An endorsement providing coverage for all operations under this Agreement.
22 4. Such other endorsement as may be required by addendum hereto.
23 b. In addition to the standard certificate of insurance, proof of liability coverage shall be furnished in
the form checked below.
24
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
2 5 statements in the standard certificate of insurance (attached thereto) are true and correct and that the
26 signator is an officer authorized to so certify.
OR
27 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized.
28 City will not accept the above proofs of insurance when certified by an insurance agent or broker.
EXHIBIT "C"
SUPPORTING
DOCUMENTS
a�
i 1 EQUIPMENT PURCHASE CONTRACT
2
3 THIS CONTRACT is made, entered into and executed in duplicate
4 originals, either copy of which may be considered and used as the
5 original hereof for all purposes, as of this 17th day of December, 2003,
6 in the City of Vernon, County of Los Angeles, California
7 BY AND BETWEEN CITY OF VERNON (hereinafter
referred to as "City")
8 4305 Santa Fe Avenue
9 Vernon; CA 90058
10 AND B. FOSTER & COMPANY, INC.
(hereinafter referred to as
11 "BFoster")
6806 Anthony Highway
12 Waynesboro PA 17268
13 RECITALS
14 WHEREAS, the City's Fire Department has obtained funds from a
15 FY 2003 State Homeland Security Grant Program (Part II), Grant No.
16 2003-35, for fire equipment; and
17 WHEREAS, the Fire Department desires to use the funds
18 received for an Auxiliary USAR Trailer, together with optional
19 equipment consisting of a four bottle cascade system, power rescue and
20 hand tools, reels and cables, and all weather cover (collectively
21 referred to as the Auxiliary Rescue Unit"); and
22 WHEREAS, the Auxiliary Rescue Unit is a fully contained
23 source of air for breathing equipment, has lighting to increase on
24 scene visibility and is very mobile; and
25 WHEREAS, the purchase of the Auxiliary Rescue Unit would
26 enhance the Fire Department's response capability and improve the
27 effectiveness of its operation, thereby enhancing the services provided
28 to citizens, residents and businesses within the Vernon community; and
1
1 WHEREAS, the City's Fire Department has determined that
2 BFoster, is the only manufacturer who can provide the specialized
3 equipment meeting the specifications and requirements of the
4 Department; and
5 WHEREAS, BFoster has prepared a Quote dated on or about
6 September 2, 2003, (the "Proposal"), a copy of which is attached hereto)
7 as Exhibit "A" and incorporated herein by reference; and
8 WHEREAS, BFoster represents that it is qualified and capable
9 of providing the Auxiliary Rescue Unit described in Exhibit "A" that
10 the City requires and is willing to do so on the terms and conditions
11 set forth below.
12 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
13 FORTH HEREIN:
14 1. Purchase.
15 BFoster agrees to sell, purchase on behalf of the City, and
16 deliver the Auxiliary Rescue Unit as set forth and described in detail
17 in its Proposal. Where necessary BFoster must purchase the equipment
18 on behalf of the City and/or in the name of the City, in order to
19 ensure that the warranty for said equipment will inure to the benefit
20 of the City. It is understood and agreed that in the event of a
21 conflict between this Contract and the Proposal, the terms of this
22 Contract shall prevail.
23 2. Time of Performance.
24 The performance of BFoster as identified herein shall
25 commence upon the signing of this Contract and shall be completed by
26 BFoster, unless otherwise terminated or extended. Delivery is expected
27 to be completed no later than four (4) weeks from the issuance of
28 City's purchase order. If delivery of the Auxiliary Rescue Unit is not
- 2 -
J
1 completed within this time period, the City shall have the option of
2 canceling this Contract in order to proceed with the purchase of the
3 equipment from another vendor, if one can be located. The Contract
4 completion date may also be extended, at the City's sole discretion,
5 for an additional thirty (30) days, or such other time as the parties
6 may agree in order to complete the work specified herein.
7 3. Price.
8 BFoster agrees to sell or purchase on behalf of the City and
9 deliver the Auxiliary Rescue Unit described in its Proposal in the
10 total amount of Seventy -Nine Thousand Seven Hundred Eighty Dollars
11 ($79,780.00), including packaging and shipping charges and excluding
12 taxes. BFoster is only authorized to charge and collect sales and use
13 taxes imposed by the State of Pennsylvania. If other sales taxes are
14 applicable, City will report and pay such taxes to the appropriate
15 taxing entity.
16 4. Payment Terms.
17 The City agrees to pay BFoster one hundred percent (100%) of
18 the total purchase price, net thirty (30) days after delivery and
19 acceptance of the Auxiliary Rescue Unit by City FOB destination and
20 City's receipt of an invoice from BFoster. BFoster shall be
21 responsible for any approved subcontractors used in the performance of
22 this Contract. Approved subcontractors shall not bill the City
23 directly.
24 S. Change and Extra Services.
25 The City reserves the right to request changes in the
26 equipment design, delivery dates, or additions to or deletions from the
27 equipment purchased from BFoster. All such changes shall be
28 incorporated in written change orders executed by the City and BFoster
- 3 -
1 that shall specify the changes ordered and the adjustment of prices,
2 delivery schedules and warranties. Any equipment or services added to
3 this Contract, under this section, shall be executed under all
4 applicable conditions of this Contract. No claim for additional
5 compensation or extension of time shall be recognized unless contained
6 in a duly executed change order.
7 6. Cancellation/Default.
8 In the event that BFoster commits a breach of a material
9 condition of this Contract, City shall notify BFoster in writing of
10 said breach and if BFoster has not cured or begun reasonable efforts to
11 cure after fifteen (15) days of receipt of said notice, and fails to
12 diligently pursue corrective action, then City shall have the right to
13 cancel this Contract for cause based on BFoster's default. BFoster
14 shall be responsible for any direct costs due to City's re -procurement
15 of the equivalent of the equipment or services cancelled from BFoster.
16 7. Confidential Information.
17 A. Access to Confidential Information. City may provide
18 BFoster, and/or its subcontractors with, or allow BFoster and/or its
19 subcontractor access to certain information not available to the public
20 concerning, but not limited to City, or businesses located in City.
21 The information may include, but is not limited to, company
22 information, taxes, sales, value of assets, utility usage, or other
23 such information. All such information shall be known as "Confidential
24 Information" and may not be used to circumvent the responsibility of
25 either party to this Contract.
26 B. No Disclosure. Except as expressly permitted, BFoster,
27 and/or its subcontractors, shall not disclose, permit the disclosure
28 of, release, disseminate, or transfer, whether orally or by any other
- 4 -
1 means, any part of such Confidential Information to any other person or
2 entity, whether corporate, governmental, or individual, without the
3 express prior written consent of an authorized representative of City.
4 BFoster, and/or its subcontractors, shall return any written
5 Confidential Information, and all copies made of such items, to City
6 upon City's written request, but in any event not later than the date
7 that BFoster and/or its subcontractors has performed all services to be
8 performed pursuant to this Contract. BFoster hereby agrees that such
9 Confidential Information and any documents'provided may be used by
10 BFoster, and/or its subcontractors, only as authorized by City.
11 BFoster shall include a contract provision in its contract with
12 subcontractors that bind the subcontractors to this non -disclosure
13 requirement. BFoster shall take reasonable measures to avoid any
14 disclosure of any such Confidential Information to any unauthorized
15 person.
16 C. Court Ordered Disclosure. BFoster shall immediately
17 notify City of any court order or subpoena requiring disclosure of
18 Confidential Information, and shall cooperate with City's legal counsel
19 in responding to any such order or subpoena. BFoster may only disclose
20 Confidential Information required to be disclosed pursuant to court
21 order or subpoena after legal counsel has exhausted any lawful and
22 timely appeal or challenge.
23 D. Remedies. In addition to any other remedies that it may
24 have at law or in equity, City shall be entitled to a temporary and
25 permanent injunction by a court of competent jurisdiction against any
26 breach or threatened breach of the Confidential Information provisions
27 of this Contract. BFoster acknowledges that in case of such breach or
28 threatened breach of said provisions, City would have no adequate
- 5 -
1 remedy at law.
2 8. Warranties.
3 BFoster warrants title to the equipment purchased hereunder
4 and any part thereof to be free of any claim of any security interest,
5 lien or any encumbrance. BFoster also warrants that the equipment will
6 be delivered new and shall be free from defects in material and
7 workmanship. BFoster shall provide a two (2) year material warranty
8 to begin upon acceptance of the Auxiliary Rescue Unit by City. All
9 manufacturers' warranties, a copy of which are attached hereto as
10 Exhibit "B" and incorporated herein by reference, any warranties
11 typically provided by BFoster and any other warranties made applicable
12 by law shall apply to the City's purchase of the Auxiliary Rescue Unit.
13 BFoster will take appropriate and necessary steps to ensure that the
14 warranties from DPS, Kohler Co., Hannay Reels, Inc., Hale Products,
15 Inc., Johnson Outdoors Inc., Sierra Precision inure to the benefit of
16 the City.
17 9. Compliance with Laws.
18 BFoster shall strictly observe and comply with all applicable
19 federal, state, and local laws, ordinances and regulations governing
20 this sale, including but not limited to any permit or license
21 requirements of the United States Department of Commerce, as well as
22 any laws of the United States of America.
23 10. Governing Law.
24 The validity, interpretation and performance of this Contract
25 shall be controlled and construed under the laws of the State of
26 California.
27 11. Forum Selection.
28 Any action brought relating to this Contract shall be brought
- 6 -
1 and held exclusively in a State Court in the County of Los Angeles,
2 California.
3 12. Notices.
4 Notices to the parties, unless otherwise requested in
5 writing, shall be sent to:
6 City: CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
7 CITY ADMINISTRATOR
8 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
9 BFoster: B. FOSTER & COMPANY, INC.
10 ATTN: GABE FORTMANN
6806 ANTHONY HIGHWAY
11 WAYNESBORO, PA 17268
12 13. General Provisions.
13 A. Independent Contractor.
14 At all times during the term of this Contract, BFoster shall
15 be an independent contractor and shall not be an employee of the City.
161 The City shall have the right to control BFoster only insofar as the
17 results of BFoster services rendered pursuant, to this Contract;
18 however, the City shall not have the right to control the means by
19 which BFoster accomplishes services rendered pursuant to the Contract
20 except to the extent that such services involve the use of City
21 property or Confidential Information.
22 B. BFoster Not Agent.
23 Except as provided for herein or as the City may otherwise
24 specify in writing, BFoster shall have no authority, express or
25 implied, to act on behalf of the City in any capacity whatsoever as an
26 agent. Except as provided for herein, BFoster shall have no authority,
27 express or implied, pursuant to this Contract to bind the City to any
28 obligation whatsoever.
- 7 -
1 C. Indemnification.
2 BFoster shall indemnify, defend, protect and hold the City
3 and its officers, agents and employees, free and harmless from and
4 against any and all claims, demands, losses, damages, liabilities,
5 fines, charges, penalties, orders, judgments and all costs and expenses
6 incurred in connection therewith, including reasonable attorney's fees
7 and costs of defense arising out of or attributable to the negligent or
8 wrongful acts of BFoster, or its subcontractors, employees or agents in
9 the performance of services under this Contract, except to the extent
10 arising from or caused by the sole negligence or willful misconduct of
11 the City, its officers, agents or employees.
12 D. Comprehensive General and Automobile Insurance.
13 BFoster agrees to provide insurance in the amounts and forms
14 specified in Exhibit "C," which is attached hereto and made a part
15 hereof by reference. Comparable coverage shall be provided for each
16 subcontractor used in the performance of this Contract. BFoster shall
17 submit to the City documentation indicating compliance with these
18 minimum requirements no less than one (1) day prior to the beginning of
19 performance under this Contract. BFoster shall not commence
20 performance of its services under this Contract until the above
21 insurance has been obtained and proof of insurance has been filed with
22 and approved by the City.
23 E. Assignment and Subcontracting Prohibited.
24 No party to this Contract may assign or subcontract any right
25 or obligation pursuant to this Contract without the express written
26 consent of the other party. Any other attempted or purported
27 assignment of any right or obligation pursuant to this Contract shall
28 be void and of no effect.
- 8 -
1 F. Entire Agreement.
2 This Contract constitutes the complete and final expression
3 of the agreement of the parties and is intended as a complete and
4 exclusive statement of the terms of their agreements and supersedes all
5 prior and contemporaneous offers, promises, representations,
6 negotiations, -discussions, communications and agreements which may have
7 been made in connection with the subject matter hereof. All exhibits
8 are incorporated by reference. BFoster represents that in entering
9 into this Contract, it has not relied on any previous representations
10 or understandings of any kind or nature.
11 G. Partial Invalidity.
12 Wherever possible, each provision hereof will be interpreted
13 in such manner as to be effective and valid under applicable law, but
14 in case any one or more of the provisions contained herein will, for
15 any reason, be held to be invalid, illegal or unenforceable in any
16 respect, such provision will be ineffective to the extent, but only to
17 the extent, of such invalidity, illegality or unenforceability without
18 invalidating the remainder of such invalid, illegal or unenforceable
19 provision or provisions or any other provision hereof, unless such a
20 construction would be unreasonable or contrary to the intent of the
21 parties as expressed in this Contract.
22 H. Time of the Essence.
23 Time is of the essence in the performance of this Contract
24 and of each and every provision hereof. The waiver by the City of any
25 breach or breaches hereof shall not be deemed, nor shall the same
26 constitute, a waiver of any subsequent breach or breaches.
27 I. Risk of Loss.
28 Title and risk of loss or damage shall pass to City and
- 9 -
1 delivery shall be deemed to be complete upon delivery FOB destination.
2 J. Attorneys' Fees.
3 In the event that it becomes necessary for either party to
4 this Contract to enforce any of the provisions of this Contract, the
5 parties agree that a court of competent jurisdiction may determine and
6 fix reasonable attorney's fees to be paid to the successful litigant.
7 K. Benefit of Agreement.
8 This Contract shall bind and benefit the parties hereto and
9 their heirs, successors, and permitted assigns.
10 L. Force Majeure.
11 Neither party shall be considered to be in default in any of
12 its obligations under this Contract when a failure of performance shall
13 be due to an uncontrollable force. The terms "uncontrollable force"
14 shall mean any cause beyond the control of the party affected,
15 including, but not restricted to, flood, earthquake, storm, fire,
16 lightening, epidemic, war, riot, civil disturbance or disobedience,
17 labor dispute, labor material shortage, sabotage, federal, state, or
18 municipal action, statute, ordinance, or regulation, embargoes or the
19 United States Government or any other government, which by exercise of
20 due diligence such party could not reasonably have been expected to
21 avoid and by exercise to due diligence has been unable to overcome.
22 Either party rendered unable to fulfill any of its obligations under
23 this Contract by reason of an uncontrollable force, shall give written
24 notice within five (5) business days of such fact to the other party
25 and shall exercise due diligence to remove such inability with all
26 reasonable dispatch.
27 M. Waiver.
28 Any waiver at any time by either party of its rights with
- 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16j
17
18
19
20
21
22
23
24
25
26
27
respect to a default under this Contract, or with respect to any other
matters arising in connection with this Contract, shall not be deemed a
waiver with respect to subsequent default or other matter.
N. Amendment.
All changes or modifications to this Contract shall be in a
writing stating that it is an amendment to this Contract and shall be
signed by both parties or their duly authorized agents. This Contract
shall not be modified through course of dealing, usage or trade.
IN WITNESS WHEREOF, the parties have caused this Contract to
be executed by and through their authorized officers on the date, month
and year first written above.
ATTEST-
BRUCE V.-MALKENHORST, City Clerk
APPROVED AS TO FORM:
r
ERIC T. FRESCH, City -Attorney
CITY OF VERNON
LEONIS C. MALBU G, May
B. FOSTER & COMPANY, INC.
By
Ti
By
Title:
B. FOSTER & COMPANY, INC.
Manufacturers of Fostor Rescue Plldvct6
800-304-2818 • FAX 717-762-6721 Website www.FosterRe$cue,com
USAR rraller Quote
Date: VW2003
Custwner Mike Langer
Captain
Vernon City Fire Station #3
City of Vernon. CA 90058
FAX 323-262-3695
Model Feature/O tion
USAR Trailer
Price
Alurniturm endosure with steel trarne
49,995
1- 35M Dexter EZ Lube Torsion Axle
slid
22 cubic feet of storage
aid
Havis-Shield Magna Fire 3.000 (fixed) 900 watt 32,000 Lumens
Havis-Shield Magna Fire 3.000
std
std
(portable) 900 watt 32.000 Lumens
7 gal• gas tank with 8 -12 hrs of usage
std
Extemal gas filler neck and c9p
slid
13 Hp Kohler Command Pro Engine
Sid
Syncro 10 KVA bNshless aftemator - bi5� t+valts Max sustained
2 Finj Oil bathed, piston air
std
slid
compressors -Max 145 psi
Hurst 5.000psi 220 V hydraulic
Sid
pump
1- Hannay electric velum 150' air hose and reel
Sid
1 - Hannay electric return 150' electric cable and reel
1 - Hannay electric return t00'
std
Sid
hydraulic hose and red
1 -Federal Signal Traffic Advisory Light Stick
Sid
1 ' Hurst Maverick Combination Tool (spreader d cutter)
1 - Hurst I '
std
to 40hydraulic rain
2 - 3a hydraufic extension hoses
Sid
std
1- Hurst muiti_tool manifold
std
1 - Hurst rescue air bag control console
slid
2 - Hurst 26 ton air bags with air fine extension hoses
slid
1 - Saddlebag for air extension hoses
sic
3 D-rings for crane/helicopter lifling
std
LED runni I hts -
slid
Sub -Total for BBSIC Unit
slid
Optional Equipment:
49.995
Four bottle cascade system. approx. 35 SC8A refills
4 - HC-4500 psi cylinders
19.995
1- Sierro Precision Booster
2 - SCBA filfing stations
Control panel
Applicable hosing and fixtures
Reels
1- Hannay electric retum 15ty air hose and reel
1 - Hannay electric return 150'
1,l95
electric cable and reel
2.395
Page 1 of 2
B. FOSTER & COMPANY, INC.
Msnulacturers of Foster Rescue prwLudq
800-304-2818 • FAX 717-762-6721 Website www.FosterRescue.com
USAR Trailer Quote
Date: W12003
Customer: We Langer
Captain
Vernon City Fire Station #3
City of Vernon. CA W058
FAX 323-262-3M
Hand Tools
Trailer AN -Weather Cover
2,300
Sub -Total for Optional Equipment
1'SW
27,385
USAR Trailer Complete Plus Options
packaging & Shinninn
77,380
400
USAR Trailer Complete
$79,780
Page 2 of 2
B. FOSTER & COMPANY, INC.
Manufacturers of Foster Trailers
America's Choice...
• PHONE 717-765-4983 - FAX 717-765-9227 • E-MAIL bfosterandcompany@earthlink.net
100 East 6th Street, Waynesboro, Pennsylvania 17268
Date: Thursday, October 02, 2003
To: City of Vernon - Purchasing Dept.
Debbie
Fax: 323-826-1433
From: Gabe Fortmann
t=ax: 717-765-9227
Pages: -10
Dear Debbie:
Attached is_a summary of the warranties for the Auxiliary Rescue Unit (ARU-
285) and all the manufacturer's warranties for all of the components. If you need
anything or have any questions please feel free to call me at 800-304-2818.
Cordially,
be Fo ann
les M ager
www.fosterrescu e. co m
gabe@fosterrescue.com
800-304-2818
10/02/03 THU 12:34 [TX/RX NO 70221 Q 001
ARU-285C Warranty information
1 • Trailer components manufactured by B.Foster & Company, Inc. are covered
under warranty for 2 years. All trailer components not manufactured by BFC,
such as the axle, jack, and lighting are all for one year by the manufacturers.
2. The internal components meaning the engine, compressor, and battery will be
covered under the Dynamic Power Source warranty included in this
communication. Any warranty issues will first go through BFC.
a, Engine is a 2-year warranty, paperwork included.
b. Compressors are a 1-year warranty, paperwork included.
c. Battery is a 1-year warranty, paperwork included.
I The Hurst equipment, which includes all hydraulic extrication equipment and
Airbag equipment by Hurst has a 2-year warranty paperwork is included.
4. The Minn Kota charger has a 1 year warranty paperwork is included
5. All 5 Hannay reels have a 1 year warranty paperwork is included.
6. Siem 4500-psi booster pump for the cascade system has a 2-year warranty
Paperwork included.
10/02/03 THU 12:34 [TX/RX NO 70221 Q 002
Manufacturer's Linuted Warranty
no
B. Foster do Company, Inc- warrants each new trailer to be free from defects in material and workmanship undernormal
use and seroicefora period of tyro (2) yearsfrbm the date of original sale.
Zh's warranty is expressly in lieu of all other warranties and representations expressed or implied, and all other
obligations nr liabilities on the partofAe Manufacturer.
Manufacturer's liability and obligation is limbed to repair or replacement of the product organ, or a refund ofpurchase
pose at the Manufacturer's Option, provided the purchaser returns the claimed defective product or part to the
MaWacturer, or authorized distributor, with transportation charges prepaid, and an examination by Manufacturer
detcrmkcsthatthe product isdefective.
Manufacturernuxkesno warranty with respect it) tires, wheels, axle assemblies, hitches, air rnnpressor , reels, hydraeUc extrication a power components, alternators,
these items are warranted b the respective equipment, orotheraccessaries not manufcXtureed by the Manufacturer, as
y pectivt manufacturers of those items. Failure to follow scheduled maintenance
contained in the Dexter$ervieeManual orAe FosterOwner'sManual will void warrantyon the affeeied items.
?his warranty does not cover said product which has been repairedor altered outside o the
in any way as to, in the judgement oftheM f rmanc of the Manufacturer
warranty does not cover anufacturxr, uffeetthe stability, reliability, orperfornrattce of the geodes: This
improper attachment, image or pmduct failure caused by accident, misuse, negligence, tampering, overloading,
Improper maintainence, environmental damage, acts of God; nor parts susceptible to normal
wearers a part of theirdesigm
Thiswarrantyex�ludesanyandallliabilityforincideWalorconsequentialdamages.
This warrantygives yrlu,rPCCifuc legal righisproviding said product is put to its properdesigned use.
wnat funds Qf Problems Cam I Expect To Be Cowered Under Warranty Assuming Normal Use?
Structural defects such as bad welds.
Fiilurc of electrical system,
Diffuse failure of paint adhesion such as paint diffusely peeling off in strips.
Misaligned structural members such as axle hangers.
What Kinds Of Cibims Will Not Be Covered Under Warranty?.
Rust leaking from inoccessible seams, open tubes, or sites of metal sandwiching.
Jcolated or sporadic surface rust spots, or rust at sites of moving parts.
Structural failures caused by overloading or misuse.
Damage caused by accident.
Damage caused by failure to tighten fastening systems such as.lug nuts (see Dexter Manual pgs. 44-49).
Damage caused by failure to adjust brakes, if brakes are included.
Replacement or reps of Pis subject to wear and tear such as tires, brake pads, etc.
Some Of The Responsibilities Of The Customer
Performance of routine maintenance including axlelbrake maintenance as per Dexter Service Manual.
Observance of all placards and operating limitations; careful reading of all manuals prior to operation.
Checking and tightening of lug nuts at 10, 25, and 50 miles and periodically therm
Adjustment of brakes, if applicable.
Obtaining timely completion of warranty work at time of discovery and prior to expiration of warranty.
Prepaid shipment of defective parts or trailer to manufacturer, and return shipment of trailer if warranty is denied.
Customer Name Tel
Date of Purchase
St. Address City State 7iP
Dealership Model
VIN #
My dealer has reviewed each item on this warranty with me and I agree to the tetras of this ,t imited Warranty.
Customer Signature
Date
I have reviewed each point of this Limited Warranty with the above customer.
Dealer Signature
Date
Note: This Lit ded Wcwronty Is Void Without AN Signatures & Dates
r. tVOA .wrrantr
10/02/03 THU 12:34 1TX/RX NO 70221 Q 003
WARRANTY:
DPS MAKES NO WARRANTIES (INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS)
EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE POWERBOXTM UNLESS OUTLINED HEREIN.
EXCEPT AS OTHERWISE PROVIDED HEREIN. BUYER SHALL BE LIMITED TO THE WARRANTIES OF THE
RESPECTIVE MANUFACTURERS OF THE COMPONENT. PARTS OF THE POWERBOXTM. DPS's sole
liability under this warranty is limited to the repair or replacement of defective parts and DPS's total cost of
forth below,replacement be limited to the purchase price paid for the POwerbox'm. Except with respect to the parts set
for a Period of time equal to the earlier to occur of I) three years foom the date of purchase by the
original retail purchaser. or 0) Until such time as the original retail purchaser has used -the PowerboxTM for 6,000
hours, DPS will repair or replace, at the sole option of DPS,
workmanship for the original retail on P� That fail due to defects in material or
This Warranty covers parts and retatepebor, as determined by an authorized DPS Warranty Service Center.
PowerboxTM• Any meM part will carry for bto alance of the mount oft purchase P� pasi for tite
the part it replaces. To enforce tills w ill ca the Pew of warranty applicable to
unit or part, as applicable, trans warranty, final retail purchaser shall return the complete PowerboxI
P� of purchase. transportation prepaid, to the nearest authorized DPS Warranty Service Center, with
To the extent transferable, the manufacturer warranties respecting the parts set forth below are assigned to the
original retail purchaser; for the warranty period indicated. To enforce remedies available With respe
below listed parts, the originct to a
s Tetaii purchaser must seek redress against the manufacturer of such part and not
DPS. AND THE PART MUST BE OPERATED AND MAINTAINED IN CONFORMITY WITH THE OPERATING
INSTRUCTIONS OR GUIDELINES OF THE MANUFACTURER.
1 • Engine Manufacturer's warranty 2 years from date of original purchase
2. Compressor Manufacturer's Warranty_ 1 Year from date of original purchase
3• Battery Manufacturer's warranty— 6 months from date of'original purchase
This warranty does not cover the effects of normal wear, tear or deterioration of the Powerbox"A or its
component parts; or the effects of abrasion, erosion or corrosion; or the effects of improper storage; or damages
incident to shipping and 'transportation; or abuse of the Powerbox7m or its component parts operation or
maintenance clot in accordance with t) DPS's operating Instructions or other conditions or service specified
generally accepted practice. Further, DPS shall have no responsibility 'and
repairs or work done by, someone other than an possibility for equipment or parts famished by, or
autiTvrtzed DPS Warranty Service Center.
DPS PRODUCTS ARE INTENDED FOR PURCHASE AND USE BY QUALIFIED COMMERCIAUINDUSTRIAL USERS AND
PERSONS TRAINED AND EXPERIENCED IN THE USE AND MAINTENANCE OF THIS EQUIPMENT AND ITS
COMPONENTS.
THIS WARRANTY IS THE ONLY WARRANTY ON THIS PRODUCT, AND ALL OT14ER WARRANTIES, WHETHER ORAL,
WRITTEN, EXPRESS, OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. BUYERS OR USER'S
REMEDIES ARE SOLELY AND EXCLUSIVELY AS STATED ABOVE. EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR DYNAMIC SPECIAL�ERDAMAGES.SOUR,L IN LE N NO
WHETHER AS A RESULT OF A BREACH E CONTRACT. WARRANTY TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, SHALL DPS'S LIABILITY EXC D THE PRICE OF THE PRODUCT WHICH HAS GIVEN RISE TO THE
CLAIM OR LIABILITY. ANY LIABILITY CONNECTED WITH THE USE OF THIS PRODUCT SHALL TERMINATE UPON
THE EXPIRATION OF THE WARRANTY PERIOD SPECIFIED ABOVE.
SOME STATES IN THE U.S.A. DO NOT ALLOW LIMTATIONS OF HOW LONG, AN IMPLIED WARRANTY LASTS. OR
THE EXCLUSION OF INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, . SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS.
AND OTHER RIGHTS MAY BE AVAILABLE. BUT MAY VARY FROM STATE TO STATE.
IN CANADA. LEGISLATION IN SOME PROVINCES PROVIDES FOR CERTAIN ADDITIONAL WARRANTIES OR
REMEDIES OTHER THAN AS STATED HEREIN, AND TO THE EXTENT THAT THEY MAY NOT BE WAIVED, THE
LIMITATIONS MAY NOT APPLY TO YOU.
)1-0001-02
20 sernwrW'"
orw+r Annr�a.ct ue
10/02/03 THU 12:34 [TX/RX NO 70221 Q 004
(c) Orwarranty r rs, the engine inert be provided to a KohW (:)m service Center as soon as a
or access Our web ale bl must
for the names of the nearest P exists Call 1-800544-2444,
cOmplelad M a reasortabie amount of time. not to exceed 30 days. carters. The warranty repair; should be
0 you have 4ny questions regarding warranty rights and nsbglties
dina ESenrke representative. . YOU should contact Kotler Co. at 1-920-4b7-4441 and ask for an
COVERAGE
Kohler Co. wvr4r" to the ultkretg purdreeer and each aftequort Pit t W ft wig be designed, b A and equipped, at the
lengine ift Of sale, to nisei d appiCW* ins. Kotler Co. also warrants to the purr and each afteWWA purchaser, mat the
Of giro is �e from detects in materials and s"0� Wtkh Cause the en*W to tail 10 conform whh Y� appticable regulations for a period
Prodposd in 19% or later are warranted for awn yW9 in California. For 19V and later rnodei
p t M any rrr�ai O yean; In ON p�� je s. Thw* ww" pads will begin on the dMe the erg Fpcxelms by PA requires the -WaW
gars to
Ca Is W* any 10 Other engine wimp is enilina is jhejfw fo" of warranted putt $
ill under w KohW Co. at no cost to the owner. Kohler
v'rarraraY•
Kohler
deftwo
auz d dealer rof emedy
y at arty ori� Kohler Co. engine dealer Or visitant; Station. Warranty repair work done at an
Y stahon shed be free of dW9Q to the owner 9 such work detemtmas that a warranted part is defective.
Listed below are the pafft-Wnered by the Federal and CA90m, Emission Cor" Systems Warranty. Some parts listed below may require
sdwdrled t nmbe and are wamanted up 10 the first sawdulod moment POW for that part The wananbed parts are:
• Oxygen sensor (y
• lntake niw* id (i eWlplV i .
• Exhaust manifold (if equipped)
• mutter ('f equipped)
• Fuel metering vat,4 (N equipped)
• '�PBk ads module (t O ;Wed)
•CMr*zase br adw
' Ignition rrrodule(s) wkh high tension lead
• Gaseous fuel regulator (if equWed)
• Electroni0 cotro( unit (if equipped)
• Carburetor or suet injection system
• Fuel Ines (t equlpped)
• Air filter, fud biter, and spark plugs (oNy
to first scheduled replacement polm)
UMITATIom
This Errrissiorr Cotitrd SYsbMM Warr" shall not cover any of the following:
(a) repair or reptamwd required because of ffwwae of negjq
not coritonrrng 10 Kohle, rAm� that adv®t �� •�i�roperiy and ns or � not
�onxt>6<i&d a writing by Kohler Co.,
(b)mplaosmem Points
MWOment Of PWW and omen servk and adjustrrerrts De09Seary for required rrleirrttenance at and Aker the fist scheduled
(c) °fir" danuges such as loss of time, kroorryenienoae loss of use of the
engine 0r equlpmert, etc.. .
(d) diagnosis and rtspecfion 90M Wed do not result in efryloie warranty serv;oe being performed, and
(0) any add -on or modi8ad part4 ar m0uriction Of WAmrized pang due to the use Of add -on or modified parts,
MAwT3k1ANCE AND REPAIR RECUR'EMENTS
Om Ohitheo be nafeined use and Ca of the arms. Kohler Co. recommends that all recej= and records covering
maintenance scads 410M be transferred to each e queaucnsarise. If the engine is retold during the warranty Period. the
engine has rust basin property h0we+�at ICohl� owner Kohler CO. reserves the tight to deny warranty coverage k the
m **manse or fdl UM 10 keep maintenance records, � not deny repaif. solely bOCAtiee d the lads d repair
NWWKI*ormal m"ftMrKx, teplacerrerK Or f8paw of erNssfOrn control devices and sys%ems may be perforated by any repair estabit NMM or
how~. "Ormnr° bffitY may bepa service carder.
of the enginem wtl nance or PCpeirs, aril stra notnot r�ttte warranty obligations
that is
AIVU SERVICE INFORMATION
IN U.S. AND CANADA, CALL
7-BOOZ44-2444
KOHLEk@WM@g3
BORN 7'if� ItU►N'"
4GINE DIVISION. KOHLE,R CO., KOHLER, WISCONSIN 53044
FORM NO.: TP-2473-E
ISSUED: 12/94
REVISED: 12101
MAILED-
.-1 I rn .ry V.J.A.
10/02/03 TAU 12:34 (TX/RX NO 70221 Q 005
LIMITED 2 YEAR COMMAND ENGINE WARRANTY
� to the original oor mmw �t each new
worluw sllP in ronnal service far a Period of two (2) COMMAND Qkw SON by us will be free from manuhm udng defects in materials or Wltlt Kohler Co's mstntctiottB and menu pte of �sA. Provided It IS operated and mslrtt Wed in accordance
Our obligation �gr� e Y . at our option, to the replacement Or repair at Kohler Co., Kohler, YVisoonsin 53044,
*'at a se
by us of suctr parts as inspection shag disclose to have beon defective.
IXCWSK)NS:
MLdkux
wl" Are wa for two ( � ( iden5� are wamWtgd for pM (f) year h+cm date of purchase, except cafalypa .
reasonable and teary tpai "nance or able use, mcluft fanny repah by others and Wkire to provide
The an not ooyergd by this why,,
Kohler Co. �e am salt f0 � If arfX�mrs r supplied or Into by
WE SHALL NOT
not knifed to Labor LIABLE MWECT. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. goo* 9 but
charges In oorxrection with the repair or repiaowrwg of defective parts.
ANY 14PUED OR STATUARY H►ARRANTIES. WCX UDING W
iR,ARE IXPRESSLY IME
.IMfTED TO THE DURATION OFTHIS WRAMANTY �j� ENRqRcKkNT� W outFOR A er � r
�' a Any in ow behalf. .
moans
damag. sfl the above pmiAttion a
esan how "an implied warrarIly Lasts, or ft exduslon or inilation of 'vtckWftl or consequential .
exclusion may not apply to you.
This warfa* gives you spec ftal righu. And you
may Also have other 4ght4 wtoldh vary tram starts b state.
TO OBTAIN WARRANTY
Purchaser must bring the ongk* to an all t fted Koller serviceKohler 7a
CO'' Attu Errgro Wamully Setvioe Dept., Kotler, Wispgtgn, dlty For the fapyty ne,vest you, oortsutt your Yellow Pages or write
ENGINE DNISION, KOHLER CO.. KOHLER, WISCONSIN 53044
KOHLER CO.
FEDERAL, AND CALIFORNIA EMISSION CONTROL SYSTEMS
LIMITED WARRANTY
SMALL OFF -ROAD ENGINES
Federal E"Amnental Protection AgerwY (EPA). the Ca MMa Air Resources
00108 calAomrs rarr CO lm on yaw On" off -road (CAew and Kotler Co. are pleased to explain the
produced in 1995 eetd nust ts97 end tatar modal year err�IaVISS must the mod• Will: and egtfipped to s °n�a For Csufn�a.
The "** mugt be fn� from defects in rr o , butt and ege,tpp�, meat the U.S. EPA d wows. n other ,
� � of � use from the date of sale to are uttlmate� t °ease ii � lap to cwdonn w&h U.S. I;PA etartdands
period of t&ne petal � p�ded stare has been no abr�, a. � � �I SY�em on the angina
The ern�eraon oonboi system may ;�„da
Also irrckrded era ate hoses, bells and Doti re�r�and other e � IgnidO^ sY�. and catalytic oonveRer.
In aWwrts raed dealer), Paand Kotler Co. we repair the MOM at no �
. d3WMis Crf the d&VMW work -is performed at',
MANUFACTURER'S WARRA�
Err*" pmdued oin 1995 or IV GE•
C OVERAVERA tad for (wo yea= in Caftrnj& _
year OrQkm are
charge. for two Years. If Any Mliesron n9ated part on the engine is defective, the Pad will be repaired or replace by Kohler Co f " of
OWNER'S WARRANTY RESPONSp3MES
(a) The ergir►e owner is a for the P�onR'uooe of are _
enace rated In lhe
aL Kohler Go.
.of receipts or ur yof 10 � engine. but Ko maatananra was pertormedhler. Co. c rstotrdany warranty solely for the Lads
(b) Be aware, however, VW Kohler Co. may deny wa
rnainterranoe or unapproved �Y covsrage ff the erx3ine or a part has Paged due to abuse. neglect, 6rproper
Continued on next page,
15
10/02/03 THU 12:34 [TX/RX NO 70221 Q 006
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10/02/03 THU 12:34 [TX/RX NO 70221 Q 007
�' 1 � " NO POSTAGE
i NECESSARY
F MALED
8d THE
UNITED STATES
BUSINESS REPLY MAIL �■��
FIRST CLA32 PER#T NO. 13 Cp(�$HpHOCMA PA I Wn
'06rA0E M0.1 BE PAb 6Y gppp�
HURST JAWS OF LIFE
c/o Hale Products, Inc.
A Unit of IDO( CoWratbn
700 Spring Mill Avenue • PO Box 849
Conshohocken PA 19428
LIMITED WARRANTY
Hale Products Im warrants the Hurst Jaws
Of Life Rescue Systems to be free from defects
in material and worlananship under normal use
conditions. During the period of this warranty,
two years on ati mechanical parts and Labor, Hale
will repair or replace the defective parts or
equipment at Hale's option without charge. This
includes InStWiation of such repair or replace-
ment Parts as may be required The warranty
does not include rubber hoses or rubber
Products in the Jaws of Life systems assemblies.
In no event will Hai* Products Inc. be
responslbie for Conm quentlaf Damages.
This warranty shall not apply 10 units which have
been subject to misuse, negligence, or alteration.
Retum of the warranty registration card is a
condition precedent to warranty coverage and
Performance. some states do not allow the
exclusion or limitation of consequential dam-
ages, so the above limitation may not apply to
you. This warranty gives you specific legal rights,
and you may have other rights which vary from
state to state.
This is the exclusive warranty offered by Hale
Products Inc. for Hurst Jaws of Life Rescue
systems. Any other warranties or representa-
tions made by a distributor or any other person
shah be the responsibility of such dealer or -other
person.
For service, contact your local authorized
Jaws of Life® distributor or Hale Products Inc.
:HORS?
JAWS OF LIRE
10/02/03 THU 12:34 [TX/RX NO 70221 Q 008
LIMITED ONE YEAR WARRANTY
Johnson Outdoors Inc. warrants to the original purchaser that the purchasers entire
Minn Kota® battery charger is free from defects in materials and workmanship
appearing within one (1) year after the date of purchase. Johnson Outdoors will, at
its option, either repair or replace, free of charge, any parts found to be defective
during the term of this warranty. Such repair or replacement shall be the sole liabil-
ity of Johnson Outdoors Inc. and the sole remedy of the purchaser for breach of this
warranty.
This limited warranty does not apply to chargers used commercially, nor does it
cover normal wear and tear, blemishes that do not affect the operation of -the charg-
er, or damage caused by accidents, abuse, alteration, modification, misuse or
improper care or maintenance. The cost of Normal maintenance or replacement of
Parts which -are not defective are the responsibility of the purchaser.
To obtain warranty service in the U.S., the charger, or parts believed to be defec-
tive, and prof of original purchase (including the date of purchase), must be sent
to Minn Kota®'s factory service center at 706 Hotly Lane, P.O.Box 8129, Mankato,
MN..S6001-8129. Any charges incurred for service calls or transportation to/from the
Minn Kota® factory are the responsibility of the purchaser. Warranty service can be .
arrangbd by contacting the factory at: 1.800.227.6433, 1.507.346.4623 or fax
1.800.527"-4464.
Chargers' -purchased outside of the U.S.'must be returned prepaid with proof of pur-
chase to Johnson Outdoors Canada. 4180 Harvester Road, Burlington, Ontario
Canada L7L 6136, Phone •1.905.634.0023.
Note: Do not return your Minn Kota® charger or parts to your retailer. Your retailer
is not authorized to repair or replace them.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THESE LIMITED
WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES- INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS• FOR PAR-
TICULAR PURPOSE, EXTEND BEYOND ONE YEAR FROM THE DATE OF
PURCHASE, IN NO EVENT SHALL, JOHNSON OUTDOORS INC. BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
Some states do not allow limitations on how long an implied warranty lasts or the
exclusion or limitation of incidental or consequential damages, so the above limita-
tions and/or exclusions may.not apply to you. This warranty gives you specific legal
.rights and you may also have other legal rights which vary from state to state.
Look for us on the web at topJ/www,Mftlootartotors.can
10/02/03 THU 12:34 [TX/RX NO 7022) 0 009
Warranty
•Sierra Precision warrants to the original purchaser, for a period of two years, that the air
rooster (rrat indudkV seals and elechie motor) is free from defects in material and
'Norkmanshlp. Sierra Precision warrants the piston seals in the air boaster for an
Operation time of 200 hours and the afecbio motor lbr a period of one year, as per the
MOW marjufacturers warranty.
Sierra Predsion-s sole obligation under this warranty, or under any other warranty
Implied by law. in the event of breach thereof shaii be as follows: for a period of two
. after the date on which the air booster Is originally purchased, Sierra Precision will
either, at its option, (a) repair, frea of charge, any defect in material or wo*manship in
the air boaster, or (b) replace, free of charge, the air booster with an air booster of
r%omparable quality.
This warranty is issued for the benefit of the original purchaser only and will not. be
available for thQ benefit of any transferee of the purchaser.
This 'warranty shall be inapplicable if the air booster has been tampered with, modified,
misused, dr altered In any way.
23
T2/i0 -.E)vd S*048Ib NtORGAy
LSZEE89b0E 6E�bi E00Z/Z8/0t
10/02/03 THU 12:34 [TX/RX NO 70221 Q 010
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EXHIBIT C
INSURANCE SCHEDULE
BFoster shall provide proof of insurance, including a standard certificate of insurance, in at least the
following amounts and coverage (combined single limit permitted):
I. Coverage and Limits
Hazards
Automobile Liability
Bodily Injury Property Damage
Each Person Each Accident Each Accident
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1 A0.000 $ 500 000
Workers' Compensation $ Statutory
Employers' Liability $1 000 000 per emplover
11. Liabili
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (if applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contractual Liability
$1 000 000
$2 00,000
$1 000 000
Umbrella Liabilitv
$2 000 000
$2,000,000
$2 000 000
a. The general liability policy shall contain the following special endorsements which shall be noted
on or attached to the standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
b. In addition to the standard certificate of insurance, proof of liability coverage shall be furnished in
the form checked below.
X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that the
signator is an officer authorized to so certify.
OR
A copy of each policy certified by an officer of the underwriter or carrier and notarized.
Ci!ywill not accept the above proofs of insurance when certified by an insurance agent or broker.
EXHIBIT "C"