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Resolution No. 098571 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 9857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE PURCHASE OF A HAZMAT ID COMMAND SYSTEM FOR THE FIRE DEPARTMENT BY JOINING ON THE UNITED STATES GENERAL SERVICES ADMINISTRATION CONTRACT WITH SMITHS DETECTION WHEREAS, by letter dated December 2, 2008, the Governor's lOffice of Emergency Services, Fire and Rescue Branch, notified the ICity's Fire Department that it had failed the equipment inventory icriteria of an inspection conducted on July 14, 2008; and WHEREAS, said inspection was conducted to determine if the ICity's Fire Department met the requirements for certification as an OES HazMat Team.participant; and WHEREAS, in order for the City's Fire Department to maintain its certification as a State OES Hazardous Materials Team participant, the Fire Department is requesting the purchase of HazMat ID Command System (the "HazMat System") from Smiths Detection ("Smiths") to identify and measure unknown liquids, powders, gases and solids in seconds and to measure a wider variety of chemical compositions which the first responder may encounter using an infrared spectra scope to identify the substance; and WHEREAS, the approximate cost for the HazMat System from Smiths is Sixty -Two Thousand Eight Hundred Eleven Dollars and No Cents 1($62,811.00) which includes the cost of materials, training and applicable sales tax, Sixty -One Thousand Dollars and No Cents ($61,000.00) of which will be paid for by Urban Area Security Initiative ("UASI") grant funds with the City paying the balance; and 1� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the quotation from Smiths dated February 5, 2009 (the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference, provides for discount pricing utilizing the United States Services Administration ("GSA") program (that allows governmental agencies to take advantage of discounts on negotiated contracts for such items as furniture, equipment and supplies; and WHEREAS, the GSA has negotiated a contract with Smiths 1wherein Smiths is an authorized vendor for the HazMat System through - the GSA contract #GS07F9597G; and WHEREAS, the City has been given the opportunity to purchase the HazMat System from Smiths under the GSA program; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the best interest and necessity to purchase the HazMat System from Smiths under the GSA program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby Ifinds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and authorizes the Purchasing Agent, or her designee, to purchase the HazMat System from Smiths under the GSA program by issuance of a Purchase Order and authorizes the City Administrator, or his designee, to sign and deliver any and all documents necessary in connection with the purchase of the HazMat System for, and on behalf - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of, the City of Vernon. SECTION 3: 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 9th day of February, 2009., ATTEST: M NUELA GIRON, C ty Clerk 9 Name: Leonis C. Malburg Title: Mayor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9857, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, February 9, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) ANUELA GIRO ty Clerk - 4 - EXHIBIT A smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. 1 1 023-1005 Description DATE: 2/5/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 1 of 7 TERMS: Net 30 VALID UNTIL: 3/7/2009 GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Delivery Terms: F.O.B. Origin Federal ID#: 22-355-2823 Base Price Net Price HazMatID Command System $ 67,500.00 $ 62,811.00 Sample interface is a single (I) reflection diamond requiring a single drop of liquid or grain of powder for analysis. Smiths Detection's customized HazMat data collection software for advanced data manipulation, HazMatID software for control of the HazMatID system, and an embedded computer system that features a touch screen interface. All screens have been customized for use by the first responder. Power: 12VDC or 115/240 VAC 50/60 HZ. HazMatID package features: 1. Pelican hardened shipping case. 2. Sealed data compartment - including USB port, Ethernet port, Keyboard/Mouse port, and Power connections. 3. Two batteries - Chargeable in system or separately with external charger. 4. External Battery Charger. 5. USB storage device. 6. Laptop operating system - includes software and hardware required to operate the HazMatlD system wirelessly. 7. Keyboard and Mouse to be used with HazMatID system. 8. Standard i year Warranty and Partnership Program plus an additional 3 year Partnership Program extension for a total of 4 years. See Partnership Program below for details. 9. On -Site Training - One day HazMat integration training held on -site at the customer's facility for up to 16 people. *Best efforts will be made to arrange and complete training within 45 days after receipt of unit. *A training day must be booked within one year after receipt of unit or training will be forfeit. Partnership Program: -Free software updates. -All parts and labor to repair system in the event of a malfunction. -Free loaner (Delivered by Overnight Carrier) if system malfunctions. -HazMatID refresher course for 1 person per yr. at a 1 day regional training class - limited to the length of Partnership Program. -Access to proprietary web site, www.hazmatid.com. -24/7 ReachBack access to Ph.D. chemists, engineers, and application scientists for spectral interpretation assistance and/or technical support. Included Libraries: 000-0002 Common Chemicals Smiths 000-0013 Toxic Industrial Smiths 000-0015 Explosives Smiths 000-0016 Forensic Drugs Smiths 000-0018 Drug Precursor Smiths 000-0075 Delaware Pesticides Active Ingredients Smiths 000-0077 Chemical Weapons of Mass Destruction (WMD) ATR Library 000-0078 White Powder Library Generic ATR Library 000-0079 Smiths Detection ATR-FTIR Explosives Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description 2 1 State Tax State Tax 8.25% State Sales Tax DATE: 2/5/2009 QUOTATION NO.: O6UJ9A0003UJ PAGE NO.: Page 2 of 7 TERMS: Net 30 VALID UNTIL: 3/7/2009 GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Delivery Terms: F.O.B. Origin Federal ID#: 22-355-2823 Base Price Net Price $ 5,181.90 $ 5,181.90 TOTAL: $ 67,992.90 Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description DATE: 2/5/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 3 of 7 TERMS: Net 30 VALID UNTIL: 3/7/2009 GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Delivery Terms: F.O.B. Origin Federal ID#: 22-355-2823 Base Price Net Price Should you have any questions regarding this quotation, please contact Bob Behrens at (509) 499-5117 or via email at bbehrens@smithsdetection.com. Terms and Conditions Summary ALL Smiths Detection standard Terms & Conditions apply to ALL quotations unless specifically amended in said 'quotation. Smiths Detection's Terms & Conditions can be found in its entirety following this summary. Items that appear on our GSA contract reflect the appropriate discounted price. Proof of GSA discount eligibility is required for all non Federal customers. To verify that a GSA discount has been applied, simply note that the Unit Price and Net Price differ by the appropriate discount level. Delivery for the RespondeR RCI product line is 120 Days after receipt of Order. Delivery for the APD 2000 product line is 90 Days after receipt of Order. Delivery for the IlluminatIR product line is 60 to 90 Days after receipt of Order. Delivery for the HazMatlD product line is 60 to 90 Days after receipt of Order. Delivery for the GasID product line is 60 to 90 Days after receipt of Order. Delivery for the ChemID product line is 60 to 90 Days after receipt of Order. Delivery for all other Products and Accessories is 45 Days after receipt of Order, unless indicated otherwise. Full payment is due within 30 days of prgduct invoice date To place your order and expedite shipment, please fax your Purchase Order request with all associated terms and conditions, along with a tax exemption certificate if applicable, to Fax #(203) 207-9780, Attention: Order Adnunistration. All Purchase Orders must show Smiths Detection, 21 Commerce Drive, Danbury, CT. 06810 as the vendor name and address. Please reference our quotation number on your purchase order and on any correspondence regarding the quotation. Include a copy of this quotation with your Purchase Order. Prices, warranty, installation and services on the items quoted herein are available only in the United States, and may not be otherwise assigned Buyer shall pay any applicable federal, state and local taxes in addition to the price stated on this quotation unless buyer submits a signed exemption certificate or direct pay permit. Your purchase order should indicate the sales tax status of your order. Buyer shall not export or re-export technical data or products supplied by Smiths Detection in violation of applicable export regulations. Buyer who exports from the U.S. products purchased hereunder assumes all responsibility for obtaining any required export authorization and payment of applicable fees. I. DEFINITIONS:"Smiths" shall mean Smiths Detection, Inc. "Customer" shall mean the person(s) or company that purchases Goods/Equipment from Smiths pursuant to this Order. "Operator" shall mean the Operator of the Goods/Equipment. "Order" shall mean the agreement between Smiths and the Customer (individually "Parry" and collectively "the Parties") for the sale and purchase of the Goods/Equipment, including the Terms and Conditions of Sale herein and any contemporaneous writing, signed by both Parties, and firmly attached hereto. "Goods/Equipment" means all components, spare parts, goods, equipment or materials of any kind, which are supplied by Smiths under this Order. 2.OFFER AND GOVERNING PROVISIONS: Each Quotation and Order Acknowledgement issued by Smiths is an offer by Smiths to sell the goods and/or services described in it in accordance with these Terms and Conditions of Sale, is not an acceptance of any offer made by the Customer, and is expressly conditioned upon the Customer's assent to these Terms and Conditions of Sale. Smith objects to any additional or different terms contained in any purchase order or other communication previously or hereafter provided by Customer to Smiths. No such additional or different terms or conditions will be of force or effect. The terms of the Order will be the entire agreement between Customer and Smiths on the subject of the transaction that it describes; and there are no conditions to that agreement that are not part of the Order. 3. PURCHASE PRICE: Prices cited herein are based on current costs and are subject to reasonable adjustment on or after the date of acceptance of any purchase order to meet a rise or fall in such costs, as computed on the date of delivery. 4. PAYMENT: (A) Payment in full of the purchase price shall be made in United States currency within 30 days of the date of invoice. Remit to: PO Box 410, Pine Brook, NJ 07058 (B) Punctual payment as stipulated herein is of the essence for the Order. When any sum owed by Customer to Smiths under this Order is overdue, Smiths may, without notice to Customer, either: (i) cease the supply of further Goods/Equipment under this Order without liability for any loss (including loss of profit or other financial or economic loss) to Customer until such sum, together with such interest as may be due thereon, is paid; or (ii) terminate the Order and any other agreements between Smiths and Customer, whether or not any sums are due for payment by Customer thereunder, without liability on the part of Smiths. Customer shall pay Smiths immediately all sums due and outstanding under all such agreements with respect to Goods/Equipment, services, components, parts, and other materials supplied or ordered in partial execution of the agreements, together with all overhead and other costs incurred by Smiths as a result of such termination. (C) No defect in the Order Goods/Equipment shall operate to interfere with the terms of payment. If payment is not made as provided above, Customer shall thereby be deemed to have waived the warranties (merchantability, fitness or otherwise, whether express or implied) provided in Section 8 hereunder. Smiths may demand different terms of payment from those specified on the face of this Order, whenever it reasonably appears that Customer's financial condition requires such changes, and may demand Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com DATE: 2/5/2009 s Lths QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 4 of 7 TERMS: Net 30 Smiths Detection VALID UNTIL: 3/7/2009 Quotation for: GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Vernon Fire Department Delivery Terms: F.O.B. Origin 4305 Santa Fe Avenue Federal ID#: 22-355-2823 Vernon, CA 90058 Item Qty Part No. Description Base Price Net Price assurance ofthe Customer's ability to pay whenever it reasonably appears that such ability is in doubt. Such demand shall be in writing and Smiths may, upon making such demand, stop production and/or suspend shipments hereunder. (D) If Customer is in default of any payment obligation, Smiths is, without reminder and prejudice to any other rights, entitled to charge interest at a rate of 1.5 times the legal interest for any outstanding sum, beginning with any due date of payment. 5. RETURN OF GOODS: There will be a 20%restocking fee, in addition to any shipping costs incurred and our technician's expense, if applicable, for all returned items. 6. LIENS AND TITLE: (A) Customer hereby grants to Smiths a security interest in any property owned by the Customer (including Customer's beneficial rights to property leased by Customer) in the possession of Smiths or any of Smiths' affiliates, at any time, to secure all amounts owed by Customer to Smiths under this Order. (B) In the case of repairs or overhauls performed pursuant to this Order, Customer agrees to grant Smiths a perfected security interest in all Goods/Equipment retained in possession of Smiths upon which any repair or overhaul services have been performed by Smiths. Customer further acknowledges and agrees that, in addition to the security interest and lien expressly granted by Customer to Smiths, Smiths shall have a lien on the Goods/Equipment retained in possession of Smiths to the extent otherwise provided by law. Customer acknowledges that the lien (whether granted by Customer or through the operation of law) for repairs or overhaul shall be for the full value of such work, and shall be superior to any lien or interest in favor of Customer, its parents, affiliates, or subsidiaries, or any other person who has knowledge of this Order. To the extent that Smiths maintains possession of Goods/Equipment under repair, Customer agrees that Smiths is a secured creditor of Customer and has all the rights of a secured creditor. (C) With respect to Goods/Equipment sold pursuant to this Order, Customer agrees and acknowledges that Smiths shall retain a security interest in such Goods/Equipment, unless and until all payment for Goods/Equipment has been made and all other covenants and agreements of this Order have been performed in full. Accordingly, Customer agrees that it will not suffer or permit any lien or encumbrance to be established that effects the title to the Goods/Equipment sold by Smiths pursuant hereto until Smiths has been paid in full. Customer agrees that, in the event of Customer's insolvency, or in the event that any petition is filed by or against Customer under Chapter 7 or Chapter 1 I of the Bankruptcy Code, Smiths may, at its discretion, recover all Goods(Equipment sold pursuant to this Order and/or seek damages or costs under applicable laws. 7. DELIVERY: (A) Unless otherwise agreed to in writing, Smiths shall deliver the Order Goods/Equipment FOB destination; freight prepaid by Smiths and added to invoice, GSA freight paid by Smiths, to the place of shipment named herein within a reasonable time after receipt by Smiths of Customer's written acceptance. Typically, our customer will be contacted 24 hours prior to delivery. Typically transit time will be 7-10 business days from date of pickup from the Smiths Detection Inc, warehouse. Deliveries will be made during normal business hours Monday through Friday. One attempt to deliver will be made. Should delivery need to be rescheduled, any additional costs incurred for redelivery and/or storage fees, will be charged to the customer. Smiths shall use reasonable efforts to make timely delivery but shall be excused from any delays arising out of causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate. Smiths shall, under no circumstances, be liable for damages, incidental or consequential (hereinafter contemplated as including, but not limited to, damages for lost profits, lost sales and injury to person or property), for delays, or failure to give notice of delay, whether or not caused by or resulting from Smiths' negligence, Customer agrees not to make such claim on Smiths. (B) If proper tender of the Goods/Equipment is made and completion of delivery is prevented through no fault 'of Smiths, Smiths may specify a reasonable alternative place of delivery. Customer agrees that all costs of storage and transport incurred following an initial attempt at delivery are hereby allocated to and imposed upon Customer, and shall be added by Smiths to the sale price. Delivery may at any time be withheld.by Smiths pending payment of any sum due from the Customer to Smiths under this Order or any other agreement. Smiths will return Goods/Equipment via the incoming method unless an altemative method has been indicated on the purchase order or a change authorized by the Customer representative. Please note that the above delivery statement does not apply for deliveries made outside the 48 contiguous States. See quotation for delivery terms and conditions. 8. DELIVERY REQUIREMENTS: The client is responsible for assuring access points for delivery of equipment when necessary and is required. In an effort to assure a successful delivery, we kindly ask that our clients take the time to fill out the "Delivery Requirements" form. 9. DELIVERY INSPECTION REPORT: In an effort to help protect both Smiths Detection Inc. and our clients, we ask that before signing for receipt of your equipment, you take a few minutes to conduct a thorough evaluation of the exterior of the system and complete the :Delivery Inspection Report" provided by the contracted trucking company. 10. STORAGE FEES: A storage fee will be applied monthly up to the maximum allowed by law on all repaired and overhauled units if delivery is not taken with five (5) days of notification. 11. WARRANTIES: See the attached "Warranty", which is incorporated herein by reference. 12, TRADEMARKS/COPYRIGHTS: Smiths makes no warranty that the Order Goods/Equipment are free from, and shall not be liable to Customer for, infringement of the intellectual rights (including patents, trademarks and copyrights) of others, and Customer agrees to assume all risks associated therewith. Customer agrees to hold Smiths harmless against any claim for infringement arising out of compliance with Customers drawings, specifications, requirements or instructions. 13, LIMITATIONS OF LIABILITY AND INDEMNITY: (A) Customer and Operator understand that the Goods/Equipment are designed to be used as tools by personnel trained in attempting to detect the possession and/or transportation of threatening materials. The level of success of such detection attempts is dependant on numerous factors, including but not limited to, the sophistication of efforts to conceal such materials, the size, type and quantity of the conditions. Accordingly, Smiths makes no guaranty or warranty as to the results that will be achieved through the use of the Goods/Equipment, and it is agreed that the sole responsibility for such results shall be borne by Customer. Accordingly, Smiths makes no guaranty or warranty as to the results that will be achieved through the use of the Goods/Equipment; and it is agreed that the sole responsibility for such results shall be borne by Customer. (B) AS PROVIDED IN THE WARRANTY INCORPORATED HEREIN PURSUANT TO SECTION 11 ABOVE, SMITHS' LIABILITY FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REMEDIES THEREIN PROVIDED. WITH RESPECT TO OTHER BREACHES OF CONTRACT, SMITHS SHALL HAVE NO LIABILITY IN EXCESS OF THE AMOUNT OF THIS ORDER. IN NO EVENT SHALL SMITHS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COST OF SUBSTITUTE PROCUREMENT, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF REVENUES. LOSS OF BUSINESS, OR FAILURE OR DELAY IN PERFORMANCE, WHETHER BASED ON BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT OR ON ANY STRICT LIABILITY THEORY, EVEN IF SMITHS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOR SHALL SMITHS BE RESPONSIBLE FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY. (C) To the fullest extent permitted by applicable law, Customer shall defend, indemnify, and hold harmless Smiths and its affiliates and their respective officers, partners, directors, employees, agents, successors, and assigns ("Smiths Parties") from and against any and all losses, claims, damages, liabilities, expenses (including, without limitation, fees and disbursements of legal counsel and expenses of litigation) or other obligations (collectively "Losses") and threatened Losses to the extent they arise from or in connection with the purchase and/operation of the Goods/Equipment by Customer or Owner, including but not limited to any of the following: (i) the death or bodily injury of any agent, employee, customer, business invitee, or business visitor or other person, and the damage, loss, or destruction of any real or tangible personal property; (ii) any Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com DATE: 2/5/2009 Lths QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 5 of 7 TERMS: Net 30 Smiths Detection VALID UNTIL: 3/7/2009 Quotation for: GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Vernon Fire Department Delivery Terms: F.O.B. Origin 4305 Santa Fe Avenue Federal ID#: 22-355-2823 Vernon, CA 90058 Item Qty Part No. Description Base Price Net Price action taken by or on behalf of Customer in the performance of this Order that causes Smiths to be obligated to indemnify, defend, and/or hold harmless any third party; (iii) any claim, demand, charge, action, cause of action, or other proceeding resulting from an act or omission of Customer, its employees, agents, or subcontractors acting in its or their capacity as an employer or potential employer with respect to the claimant; and (iv) any claim by Customer or Operator, whether based on warranty or other contract breach, negligence or other tort or on any strict liability theory, for matters disclaimed in subsection (B) above. Customer shall fully indemnify and completely hold harmless the Smiths Parties as provided above, whether or not negligence or other fault of any of the Smiths Parties contributed to, or is claimed or alleged to have contributed to, the claim, action, damage, loss, cost, liability or expense. The only instance in which Customer shall not fully indemnify and completely hold harmless the Smiths Parties as set forth above is where the claim is based solely upon the alleged fault of Smiths and Smith's fault is adjudicated to be the sole cause of all of the Losses. (D) Smiths Shall not be liable for failure to deliver, for delay in delivery, or for any losses or damage to Customer, or to the Goods/Equipment occasioned by delays, in the performance of Smiths obligations, due to: (i) any cause beyond Smiths reasonable control or the control of Smiths suppliers or subcontractors; (ii) an act of God actor omission of Customer, act of civil or military authority, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation; or (iii) any other commercial impracticability. (E) The conditions to performance specifically stated in this provision and elsewhere in this Order shall be the only conditions precedent or subsequent to an absolute duty of performance on the part of Customer and Smiths. Any official action or legal proceeding by Customer in connection with this Order, other than provided for elsewhere in this Order, must be commenced within one (1) year from delivery.A In no event of breach or repudiation of this Order by Smiths shall Smiths be liable for indirect, special, third party, incidental, or consequential damages, including without limitation lost profits, data, or goodwill, and Customer hereby agrees not to make any such claim on Smiths. Customer agrees to defend indemnify and hold harmless Smiths from and against any claim, loss, liability, expense or damage (including liens or legal fees) incurred by Smiths with respect to any of Customers export or re-export activities contrary to Section 19 Export & Import Controls. 14. TAXES: Sales and use taxes, payable by Customer, which are presently or may hereafter be imposed by any taxing authority, are not included in the sale price. Any direct or excise tax or import or customs exaction payable by Smiths, which may hereafter be imposed by any taxing authority, wheresoever located, upon the manufacture, sale or delivery of products covered by this order, or any increase in rate of any such tax or import or customs exaction now in force, shall be added to the sales price. I f such charge is not collected at the time of payment or sale price, Customer will hold Smiths harmless. 15. CHANGES AND TERMINATION: (A) Smiths shall have the right, in its sole discretion, to terminate this Order if Customer: (i) is unable to pay its debts generally as and when they become due; (ii) is the subject of a legal process declaring it insolvent; (iii) ceases or threatens to cease carrying on its business; or (iv) commits a substantial breach of this Order which is incapable of remedy. (B) Customer may make a written request for amendment, modification, or termination. If a request for amendment or modification is accepted by Smiths, and any changes cause an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Order, an equitable adjustment shall be made in the price or delivery schedule, or both, and the Order shall be modified in writing accordingly. Wherever the cost of property made obsolete as a result of the change is included in the price adjustment, Customer shall have the right to prescribe the manner of disposition of such property. If request for termination is accepted by Smiths, equitable provision shall be made to Smiths for a recoupment of all costs incurred under the Order and for reasonable profit based on time and costs expended. The Order shall continue in effect until such time as payment is received. A written request as specified herein shall give Smiths adequate reason to demand written assurance of Customer's ability and intent to carry out the Order. 16. MERGER AND SEVERABILITY: This Order contains the total agreement of the Parties, and all agreements entered into prior to or contemporaneously with the execution of this agreement are excluded whether oral or in writing, except that a contemporaneous writing, signed by both Parties, and firmly attached to this tender, shall be considered part hereof. If any provision of this Order shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not effect the remaining provisions of this Order, all of which shall remain in fill force and effect. 17. DISPUTE RESOLUTION, GOVERNING LAW, AND FORUM: (A) This Order shall be governed by, and construed in accordance with, the laws of the State of [jurisdiction], without the application of conflict of laws principles. THIS ORDER SHALL NOT BE GOVERNED BY THE 1980 U.N, CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, Notwithstanding the foregoing, the federal laws of the United States of America shall be the governing laws, to the extent appropriate, with respect to issues involving patent, copyright, or trademark. (B) In the event a dispute arises under or relates to this Order, the Parties shall diligently attempt to resolve the dispute within thirty (30) days from the date either Party gives written notice to the other of its intent to invoke this provision, during which period neither Party may commence legal action to assert its rights against the other. In the event the Parties do not resolve the dispute within the thirty (30) day period referenced above, either Party may institute legal action to pursue any right or remedy it may have against the other Party, Any legal action or proceeding with respect to this Order shall be brought and maintained in the courts of the State of [jurisdiction] or of the United States of America for the District of [jurisdiction]. By execution of this Order, Customer hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. No action in law or equity arising out of this Order may be brought by Customer more than two years after the cause of action has first arisen. (C) Customer further irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding if such process shall be in writing and either shall be delivered in person or sent by registered or certified mail (return receipt requested), postage pre -paid, and addressed to Customer at the address of Customer for notices under this Order. Nothing herein shall affect the right of Smiths to serve process in any other manner permitted by law or to commence legal proceedings or otherwise proceed against Customer in any other jurisdiction. (D) Smiths shall have the right to collect from Customer its reasonable expenses, including attorneys' fees, incurred in enforcing this Order. (E) The rights and obligations herein shall survive completion of the final payment under this Order. 18. CONFIDENTIALITY: The Parties agree that, in the course of performance of this Order, it may be necessary and desirable for them to exchange confidential information. For example, all updates, repairs, replacements, fixes, modifications, and other changes to the Goods/Equipment shall be considered Smiths proprietary information. To accomplish this confidentiality, the Parties agree as follows: any Party disclosing confidential information to the other Party shall identify such information as confidential when disclosing it. The receiving Party shall not disclose confidential information of the disclosing Party to any person outside its employ, except when authorized by the disclosing Party. Any Party receiving confidential information under this Article shall maintain such information in confidence in the same manner it protects its own confidential information and shall use it only for the performance of this Order, and for no other purpose. 19. EXPORT AND IMPORT CONTROLS: Customer acknowledges and agrees that the Ultimate Destination of the Order Goods/Equipment is in the United States, unless otherwise agreed to in writing. Customer shall not authorize or permit its employees, distributors, customers, brokers, freight forwarders, and/or agents to export or re-export any of the Order Goods/Equipment to any foreign person without complying with applicable import and export laws and regulations of Customer's country and of the United Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description DATE: 2/5/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 6 of 7 TERMS: Net 30 VALID UNTIL: 3/7/2009 GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Delivery Terms: F.O.B. Origin Federal ID#: 22-355-2823 Base Price Net Price States, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Customer agrees to obtain and properly utilize U.S. Government export authorization prior to exporting or re-exporting the Order Goods/Equipment, either in their original form or after being incorporated into other end -items. 20, NOTIFICATION: Customer agrees to notify Smiths immediately if Customer is listed in any Denied Persons List, Entity List, or Specially Designated Nationals List, or if Customer's export privileges are otherwise denied, suspended or revoked in whole or in part by any U,S. Government entity or agency. 21, LICENSE AND OWNERSHIP: To the extent that the Order Goods/Equipment contain or are software, Smiths hereby grants to Customer a non-exclusive, non -transferable, personal license to use the software and related documentation. Customer's use of the Order Goods/Equipment conclusively evidences its acceptance of this license and this Order; including this Section 20. Title to the software shall at all times remain with Smiths. Customer agrees that the software, all enhancements, related documentation, and derivative works are, and will remain, the sole property of Smiths and includes valuable trade secrets. Customer agrees to treat the software and related documentation as confidential and to not copy, reproduce, sub -license, or otherwise disclose the software and related documentation to third parties. Customer agrees to not disassemble, decompile, reverse engineer, create derivative works from or otherwise translate, customize, localize, modify, add to, or in any way alter, rent, or loan the software or related documentation. 22. ASSIGNMENT: Neither Party shall assign this Order without the prior written consent of the other Party, except that Smiths may assign it to any of its parent, sister, or affiliate companies. 23. RELATIONSHIP: Nothing in this Order shall be construed to place the Parties in the relationship of partners or joint ventures, and the Parties shall have no power to obligate or bind the other in any manner whatsoever. 24, HEADINGS: Any headings or paragraph titles are for the convenience of reference only and shall not define, limit, or extend the scope or intent of this Order or any provision thereof. 25. PROPRIETARY INFORMATION STATEMENT: This quotation contains information proprietary to Smiths Detection, Inc. No part of this information may be reproduced or transmitted in any form without the prior written permission of Smiths Detection Inc. This quotation supersedes all previous quotations and is valid for 90 days from date of issue, unless otherwise stated. 26. INSTALLATION & TRAINING: This Installation and Training provision only applies to X-Ray equipment. Installation is not included for TRACE products unless otherwise denoted on quotation. The cost ofinstallation and training, for the X-ray equipment (I60 Kv or lower) purchased is included within Smiths Detection Ine.'s proposal, provided the installation is scheduled within 90 days from the date the unit shipped. This includes one visit to the client's facility where the installation and training will be conducted during normal business hours Monday through Friday. Please note that installation and training is only included for equipment delivered and installed within the 48 contiguous States. Once the client receives the equipment, they must contact the Smiths Detection Inc. Service Department at 800-297-0955 to confirm receipt and a visit will be scheduled for a mutually agreed upon date. During this visit, the technician will install the X-ray unit (160 Kv or lower), which includes a Radiation Survey and calibration of the equipment as well as train the client's personnel on the start-up and fail-safe features, basic usage and software features of the equipment purchased. Warranty Statement (A) Smiths warrants that the Goods/Equipment sold by Smiths, and that is manufactured by Smiths, (a) conforms to Smiths specifications, and (b) is free from defects in materials and workmanship (under normal usage and provided that Smiths' operation and maintenance instructions are followed by competent personnel) appearing within the applicable warranty period set forth in Appendix A. Normal wear and tear shall not be considered a defect. (B) For equipment that is not manufactured by Smiths, Smiths' only responsibility is to assign to its customer any manufacturer's warranty that does not prohibit such assignment. (C) Equipment and parts that are consumed in normal operation are not covered by this warranty. (D) If the Customer or Operator, as the case may be, discovers a defect within the applicable warranty period, it must be reported to Smiths service department at 1-800-297-0955 immediately upon discovery. (E) Within a reasonable time after proper notification, Smiths shall, during its normal business hours, Monday through Friday, correct any defect covered by this warranty with either new or used replacement parts, without charge, subject to the further applicable terms and conditions set forth in Appendix A. The original duration of this Warranty shall remain applicable to those parts not repaired or replaced. Any part repaired or replaced is warranted to conform to Smith's specifications and to be free from defects in materials or workmanship appearing within a period after repair or replacement equivalent to the warranty period originally applicable to the Goods/Equipment of which it is a part, subject to the other terms of this Warranty. The above remedies are the exclusive remedies of Customer and Operator, and the sole responsibility of Smiths, for breach of this Warranty. (F) Smiths'warranty ceases to be effective if Purchaser fails to operate and use the equipment sold hereunder in a safe and reasonable manner in accordance with Smiths' written instructions. (G) Neither Customer nor Operator shall be entitled to any remedy under this Warranty with respect to (i) Goods/Equipment that has been subjected to any alteration, disassembly, tampering, modification, or repair without prior authorization by Smiths; (ii) Goods/Equipment subjected to experimental running or any type of operation or use other than that for which the Goods/Equipment is designed; (iii) Goods/Equipment from which Smiths' and/or vendor's trademark or serial number has been altered, removed, or obliterated without Smiths' written permission, excluding any alteration, removal, or obliteration directly caused by accident or mishap; (iv) Goods/Equipment that has been in storage or immobilized for one year or more after delivery. (H) SMITHS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE; AND THE EXPRESS WARRANTY SET IN THIS ARTICLE IS IN LIEU OF ANY SUCH WARRANTY AND ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF SMITHS. (I) For purposes ofthe exclusive remedies set forth in this Warranty, and the limitations of liability set forth in Section 13 of the Terns and Conditions of Sale into which it is incorporated, "Smiths" shall be deemed to include Smiths, its subsidiaries, and their affiliates, directors, officers, employees, agents, representatives, subcontractors, and suppliers of all of them. (J) This Warranty is non -transferable and is applicable only to the original Customer or Operator . (K) This Warranty shall not be extended, altered or varied except by written instrument executed by Smiths, Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 2074700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description DATE: 2/5/2009 QUOTATION NO.: O6UJ9A0003UJ PAGE NO.: Page 7 of 7 TERMS: Net 30 VALID UNTIL: 3/7/2009 GSA Contract: G S 07F9597G GSA Expiration: July 31, 2011 Delivery Terms: F.O.B. Origin Federal ID#: 22-355-2823 Base Price Net Price (L) Any official action or legal proceeding for breach of this Warranty must be commenced within thirty (30) months after acceptance of the Goods/Equipment. Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com Page 1 of 2 Juarez, Debbie From: Juarez, Debbie Sent: Tuesday, February 24, 2009 2:28 PM To: Nickens, Debby Subject: RE: Resolution No. 9857 - Smiths Detection Hazmat ID Command System Thanks for the update on the GSA authorization. Deborah Juarez cords Wanagement Assistant City of Vernon - City CCerk's Office 4305Santa TeAvenue Vernon, C,4 90058 (323) 583-8811 From: Nickens, Debby Sent: Tuesday, February 24, 2009 2:25 PM To: Juarez, Debbie Subject: RE: Resolution No. 9857 - Smiths Detection Hazmat ID Command System Thank you Deb Debby Nickens Sr. Admin. Asst/Purchasing (323) 583-8811, ext. 203 dnickens@ci. vernon. ca. us From: Juarez, Debbie Sent: Tuesday, February 24, 2009 2:16 PM To: Nickens, Debby Subject: RE: Resolution No. 9857 - Smiths Detection Hazmat ID Command System Sure. I only checked with you, because the last conversation that we had on this, you were going to talk to her about the GSA. I will check. Thank you. Deborah Juarez Wycords 911anagementAssistant City of Vernon - City Clerk's Office 4305 Santa 'Fe Avenue Vernon, C 4 90058 (323) 583-8811 From: Nickens, Debby Sent: Tuesday, February 24, 2009 2:15 PM To: Juarez, Debbie Subject: RE: Resolution No. 9857 - Smiths Detection Hazmat ID Command System 2/24/2009 Page 2 of 2 Have you spoken to Judy about this purchase at all. Purchasing is now authorized to purchase under the GSA contract indicated on the revised quotation from this vendor. As far as actual documents, I have not received anything. Can you check with Judy to see what is required? Debby Nickens Sr. Admin. Asst/Purchasing (323) 583-8811, ext. 203 dnickensgci. vernon. ca. us From: Juarez, Debbie Sent: Tuesday, February 24, 2009 2:05 PM To: Nickens, Debby Subject: Resolution No. 9857 - Smiths Detection Hazmat ID Command System Hi Deb. I'm just following up on this. Have you received any paperwork yet stating that this is going to be part of the GSA contract? If you have, please route me a copy for my file. Thank you. --------------------------------------------------------- JDedorah Juarez qk,cords Wanagement Assistant City of Vernon - City Cferk's Office 4305 Santa Te Avenue Vernon, CA 90058 (323) 583-8811 2/24/2009 R,N,,, ct$S-7 To: MARTHA VALENZ APPROVED PE8 9 '09 CITY COUNCIL �111011�u ITY CL RK DISTRIBUTI N U ld's�112' ELA, PURCH ING AGE From: DEBBY NICKENS, PURCHASING Date: 01 /26/2009 Re: FIRE DEPARTMENT REQUISITION #0003735 r6t 14 t �Ik (0 q r,� Attached for your approval is requisition #0003735, The Fire Department is requesting to purchase (1) SMITHS DETECTION HAZMAT ID COMMAND SYSTEM (see attached). Captain Dan Kimes advised Purchasing that this system will be added to the department's current inventory of RKI Eagle and Draeger gas monitoring units. The new system identifies and measures unknown liquids, powders, gases and solids in seconds. As indicated in the attached literature, no sample preparation is required for this system to work. This system measures a wider variety of chemical compositions which the first responder may encounter. The unit contains a massive database library, which includes WMD agents, toxic industrial chemicals, explosives and propellants, pesticides, etc., The existing gas monitoring systems, can only measure a certain number of gases, the RKI Eagle measures (9) the Draeger system (3). Another difference between the new system and the existing monitors is the way substances are read (see attached). The HazMat ID system uses an infrared spectra scope to identify the substance, where as the existing monitors uses a catalytic combustion sensor to identify gases. Captain Kimes advised that in order for the department to maintain its certification as a State OES Hazardous Materials Team participant, we must have the proposed equipment in our inventory. In a letter dated December 2, 2008, from the Governor's Office of Emergency Services (see attached), it details why this piece of equipment is necessary. On July 14th, 2008, the Fire Department failed the equipment inventory criteria, of a state inspection to determine if our Fire department met the requirements for certification as an OES HazMat Team participant. The proposed equipment must be purchased prior to the re -inspection which is scheduled for July, 2009. January 26, 2009 this system is (4) years parts and labor. In a memo to Eric Fresch dated January 21, 2009, the department advised that $61,000 of the required cost will be taken from UASI* grant funds. The remaining $10,039.06 will be taken from available funds within the department's budget. Purchasing will contact Risk Management to obtain the necessary worker's compensation insurance, for the on -site training of this system. * Urban Area Security Initiative (UASI 2007) 2 RegMstr Requisition Master Report 1/21/2009 5:26:38PM CITY OF VERNON Document #: 4731 Date: 01/21/2009 Year: Requisition #: 0003735 Description: HAZMATID COMMAND SYSTEM Requestor: ALVAREZ, DAVID Requested for: ALVAREZ, DAVID Apprvl Queue: fire Group: dalvarez Combine: N Current Aprv: JAUNZEMIS, DOLORES Lvl: 3 Prev: WHITWORTH, MARK PO Type: reg Confirming: N PO #: Blanket exp: $Limit - PO: Tran: Contact: DEBBY NICKENS Phone: (323) 583-8811 x281 Text Code: Restock: N Department: 1033 Order Placement: Purchasing Tax cd: s Comm cd: Allow partial: N HazMatlD Command System Account(s) uantity Units Unit Cost 1.00 ea 65,625,00000 1099 box: FA? N Allow backorder: N Project Account(s) Page: 18 2009 on 65,625.00 Fund Typ: Acct % Amount E 011.1033.520000 100.00 65,625.00 RFQ: N Encumber: Y Vendor: 001499 SMITHS DETECTION Selected: Y Order from: order 2202 LAKESIDE BLVD. EDGEWOOD, MD 21040 Pay to: PO BOX 8500-3770 PHILADELPHIA, PA 19178-3770 FOB Point: DESTINATION Desired: Required: Bill to: 01 ATTN: TREASURY DEPARTMENT 4305 SANTA FE AVE VERNON, CA 90058 Ship to: city 4305 SANTA FE AVE. VERNON, CA 90058 Ship -via: Instructs: �`-.RA,� . ,��... .v.'7.�.4. , I Type Document Source Amount tax po 5,414.06 Tax cd: s Comm cd: 1099 box: FA? Account(s) Project Account(s) E 011.1033.520000 Acct % 100.00 Amount 5,414.06 Total: 71,039.06 a n w' Regtsifion Approval Hist6ry Approver: DAVID ALVAREZ Lvl: 1 In: 1/21/2009 11:47:12AM Out: 1/21/2009 11:47:30AM Action: app Approver: MARK WHITWORTH Lvl: 2 In: 1/21/2009 11:47:30AM Out: 1/21/2009 4:29:53PM Action: app Page: 18 smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 DATE: 1/26/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 1 of 7 TERMS: Net 30 VALID UNTIL: 2/26/2009 DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor DELIVERY TERMS: EX Works Danbury, CT Federal ID#: 22-355-2823 Item Qty Part No. Description Base Price 1 1 023-1005 HazMatID Command System $ 65,625.00 Sample interface is a single (1) reflection diamond requiring a single drop of liquid or grain of powder for analysis. Smiths Detection's customized HazMat data collection software for advanced data manipulation, HaZMat1D software for control of the HazMatID system, and an embedded computer system that features a touch screen interface. All screens have been customized for use by the first responder. Power: 12VDC or 115/240 VAC 50/60 HZ. HazMatID package features: 1. Pelican hardened shipping case. 2. Sealed data compartment - including USB port, Ethernet port, Keyboard/Mouse port, and Power connections. 3. Two batteries - Chargeable in system or separately with external charger. 4. External Battery Charger. 5. USB storage device. 6. Laptop operating system - includes software and hardware required to operate the HazMatID system wirelessly. 7. Keyboard and Mouse to be used with HazMatID system. 8. Standard 1 year Warranty and Partnership Program plus an additional 3 year Partnership Program extension for a total of 4 years. See Partnership Program below for details. 9. On -Site Training - One day HazMat integration training held on -site at the customer's facility for up to 16 people. *Best efforts will be made to arrange and complete training within 45 days after receipt of unit. *A training day must be booked within one year after receipt of unit or training will be forfeit. Partnership Program: -Free software updates. -All parts and labor to repair system in the event of a malfunction. -Free loaner (Delivered by Overnight Carrier) if system malfunctions. -HazMatID refresher course for 1 person per yr. at a 1 day regional training class - limited to the length of Partnership Program. - -Access to proprietary web site, www.hazmatid.com. -24/7 ReachBack access to Ph.D. chemists, engineers, and application scientists for spectral interpretation assistance and/or technical support. Included Libraries: 000-0002 Common Chemicals Smiths 000-0013 Toxic Industrial Smiths 000-0015 Explosives Smiths 000-0016 Forensic Drugs Smiths 000-0018 Drug Precursor Smiths 000-0075 Delaware Pesticides Active Ingredients Smiths 000-0077 Chemical Weapons of Mass Destruction (WMD) ATR Library 000-0078 White Powder Library Generic ATR Library 000-0079 Smiths Detection ATR-FTIR Explosives Net Price $ 65,625.00 Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description 2 1 Sales Tax Sales Tax 8.25% Sales Tax for Vernon, CA, DATE: 1/26/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 2 of 7 TERMS: Net 30 VALID UNTIL: 2/26/2009 DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor DELIVERY TERMS: EX Works Danbury, CT Federal ID#: 22-355-282 3 Base Price Net Price $ 5,414.06 $ 5,414.06 TOTAL: $ 71,039.06 Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description DATE: 1/26/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 3 of 7 TERMS: Net 30 VALID UNTIL: 2/26/2009 DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor DELIVERY TERMS: EX Works Danbury, CT Federal ID#: 22-355-2823 Base Price Net Price Should you have any questions regarding this quotation, please contact Bob Behrens at (509) 499-5117 or via email at bbehrens@smithsdetection.com. Restriction On Disclosure And Use of Data (3/2006)"This document contains information proprietary to Smiths Detection Inc., which discloses the document in confidence with the understanding that such data shall not be duplicated, used, or disclosed -in whole or in part -for any purpose without the prior, written consent of Smiths Detection Inc. The customer is implicitly authorized to reproduce pages for evaluation of this proposal or to excerpt pages or information for incorporation into customer briefings, proposals, et cetera that endorse the products and services of Smiths Detection Inc." The information contained herein is exempt from disclosure under the Freedom of Information Act (5 U.S.0 552) under Exemption (b)(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.0 1905) and FAR 24.202. Rights to use or disclose this proposal are governed by DFARS 252.227-7016 (Jun 1995). Terms and Conditions Summary ALL Smiths Detection standard Tennis & Conditions apply to ALL quotations unless specifically amended in said quotation. Smiths Detection's Terms & Conditions can be found in its entirety following this summary. Items that appear on our GSA contract reflect the appropriate discounted price. Proof of GSA discount eligibility is required for all non Federal customers. To verify that a GSA discount has been applied, simply note that the Unit Price and Net Price differ by the appropriate discount level. Delivery for the RespondeR RCI product line is 120 Days after receipt of Order. Delivery for the APD 2000 product line is 90 Days after receipt of Order. Delivery for the IlluminatIR product line is 60 to 90 Days after receipt of Order. Delivery for the HazMatID product line is 60 to 90 Days after receipt of Order. Delivery for the Gas1D product line is 60 to 90 Days after receipt of Order. Delivery for the IdentifylR product line is 60 to 90 Days after receipt of Order. Delivery for all other Products and Accessories is 45 Days after receipt of Order, unless indicated otherwise. To place your order and expedite shipment, please fax your Purchase Order request with all associated terms and conditions, along with a tax exemption certificate if applicable, to Fax #(203) 207-9780, Attention: Order Administration. All Purchase Orders must show Smiths Detection, 21 Commerce Drive, Danbury, CT. 06810 as the vendor name and address. Please reference our quotation number on your purchase order and on any correspondence regarding Ore quotation. Include a copy of this quotation with your Purchase Order. Prices, warranty, installation and services on the items quoted herein are available only in the United States, and may not be otherwise assigned. Buyer shall pay any applicable federal, state and local taxes in addition to the price stated on this quotation unless buyer submits a signed exemption certificate or direct pay permit. Your purchase order should indicate the sales tax status of your order. Buyer shall not export or re-export technical data or products supplied by Smiths Detection in violation of applicable export regulations. Buyer who exports from the U.S. products purchased hereunder assumes all responsibility for obtaining any required export authorization and payment of applicable fees. 1. DEFINITIONS: "Smiths" shall mean Smiths Detection, Inc. "Customer" shall mean the person(s) or company that purchases Goods/Equipment from Smiths pursuant to this Order. "Operator"- shall mean -the -Operator ofthe Goods/Equipment. - -- "Order" shall mean the agreement between Smiths and the Customer (individually "Party" and collectively "the Parties") for the sale and purchase of the Goods/Equipment, including the Terms and Conditions of Sale herein and any contemporaneous writing, signed by both Parties, and firmly attached hereto. "Goods/Equipment" means all components, spare parts, goods, equipment or materials of any kind, which are supplied by Smiths under this Order. 2. OFFER AND GOVERNING PROVISIONS: Each Quotation and Order Acknowledgement issued by Smiths is an offer by Smiths to sell the goods and/or services described in it in accordance with these Terms and Conditions of Sale, is not an acceptance of any offer made by the Customer, and is expressly conditioned upon the Customer's assent to these Terms and Conditions of Sale. Smith objects to any additional or different terms contained in any purchase order or other communication previously or hereafter provided by Customer to Smiths. No such additional or different terms or conditions will be of force or effect. The terms of the Order will be the entire agreement between Customer and Smiths on the subject of the transaction that it describes; and there are no conditions to that agreement that are not part of the Order. 3. PURCHASE PRICE: Prices cited herein are based on current costs and are subject to reasonable adjustment on or after the date of acceptance of any purchase order to meet arise or fall in such costs, as computed on the date of delivery. 4. PAYMENT: (A) Payment in full of the purchase price shall be made in United States currency within 30 days of the date of invoice. Remit to: 21 Commerce Drive, Danbury, CT 06810 (B) Punctual payment as stipulated herein is of the essence for the Order. When any sum owed by Customer to Smiths under this Order is overdue, Smiths may, without notice to Customer, either: (i) cease the supply of further Goods/Equipment under this Order without liability for any loss (including loss of profit or other financial or economic loss) to Customer until such sum, together with such interest as may be due thereon, is paid; or (ii) terminate the Order and any other agreements between Smiths and Customer, whether or not any sums are due for payment by Customer thereunder, without liability on the part of Smiths. Customer shall pay Smiths immediately all sums due and outstanding under all such agreements with respect to Goods/Equipment, services, components, parts, and other materials supplied or ordered in partial execution of the agreements, together with all overhead and other costs incurred by Smiths as a result of such termination. Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com DATE: 1/26/2009 smLths QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 4 of 7 Smiths TERMS: Net 30 Detection VALID UNTIL: 2/26/2009 Quotation for: DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor Vernon Fire Department DELIVERY TERMS: EX Works Danbury, CT 4305 Santa Fe Avenue Federal ID#: 22-355-2823 Vernon, CA 90058 Item Qty Part No. Description Base Price Net Price (C) No defect in the Order Goods/Equipment shall operate to interfere with the terms of payment. If payment is not made as provided above, Customer shall thereby be deemed to have waived the warranties (merchantability, fitness or otherwise, whether express or implied) provided in Section 8 hereunder. Smiths may demand different terms of payment from those specified on the face of this Order, whenever it reasonably appears that Customer's financial condition requires such changes, and may demand assurance of the Customers ability to pay whenever it reasonably appears that such ability is in doubt. Such demand shall be in writing and Smiths may, upon making such demand, stop production and/or suspend shipments hereunder. (D) If Customer is in default of any payment obligation, Smiths is, without reminder and prejudice to any other rights, entitled to charge interest at a rate of 1.5 times the legal interest for any outstanding sum, beginning with any due date of payment. 5. RETURN OF GOODS: There will be a 20% restocking fee, in addition to any shipping costs incurred and our technician's expense, if applicable, for all returned items. 6. LIENS AND TITLE: (A) Customer hereby grants to Smiths a security interest in any property owned by the Customer (including Customer's beneficial rights to property leased by Customer) in the possession of Smiths or any of Smiths' affiliates, at any time, to secure all amounts owed by Customer to Smiths under this Order. (B) In the case of repairs or overhauls performed pursuant to this Order, Customer agrees to grant Smiths a perfected security interest in all Goods/Equipment retained in possession of Smiths upon which any repair or overhaul services have been performed by Smiths. Customer further acknowledges and agrees that, in addition to the security interest and lien expressly granted by Customer to Smiths, Smiths shall have a lien on the Goods/Equipment retained in possession of Smiths to the extent otherwise provided by law. Customer acknowledges that the lien (whether granted by Customer or through the operation of law) for repairs or overhaul shall be for the full value of such work, and shall be superior to any lien or interest in favor of Customer, its parents, affiliates, or subsidiaries, or any other person who has knowledge of this Order. To the extent that Smiths maintains possession of Goods/Equipment under repair, Customer agrees that Smiths is a secured creditor of Customer and has all the rights of a secured creditor. (C) With respect to Goods/Equipment sold pursuant to this Order, Customer agrees and acknowledges that Smiths shall retain a security interest in such Goods/Equipment, unless and until all payment for Goods/Equipment has been made and all other covenants and agreements of this Order have been performed in full. Accordingly, Customer agrees that it will not suffer or permit any lien or encumbrance to be established that effects the title to the Goods/Equipment sold by Smiths pursuant hereto until Smiths has been paid in full. Customer agrees that, in the event of Customer's insolvency, or in the event that any petition is filed by or against Customer under Chapter 7 or Chapter 1 I of the Bankruptcy Code, Smiths may, at its discretion, recover all Goods/Equipment sold pursuant to this Order and/or seek damages or costs under applicable laws. 7. DELIVERY: (A) Unless otherwise agreed to in writing, Smiths shall deliver the Order Goods/Equipment FOB destination; freight prepaid by Smiths and added to invoice, GSA freight paid by Smiths, to the place of shipment named herein within a reasonable time after receipt by Smiths of Customer's written acceptance. Typically, our customer will be contacted 24 hours prior to delivery. Typically transit time will be 7-10 business days from date of pickup from the Smiths Detection Inc. warehouse. Deliveries will be made during normal business hours Monday through Friday. One attempt to deliver will be made. Should delivery need to be rescheduled, any additional costs incurred for redelivery and/or storage fees, will be charged to the customer. Smiths shall use reasonable efforts to make timely delivery but shall be excused from any delays arising out of causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate. Smiths shall, under no circumstances, be liable for damages, incidental or consequential (hereinafter contemplated as including, but not limited to, damages for lost profits, lost sales and injury to person or property), for delays, or failure to give notice of delay, whether or not caused by or resulting from Smiths' negligence. Customer agrees not to make such claim on Smiths. (13) If proper tender of the Goods/Equipment is made and completion of delivery is prevented through no fault of Smiths, Smiths may specify a reasonable alternative place of delivery. Customer agrees that all costs of storage and transport incurred following an initial attempt at delivery are hereby allocated to and imposed upon Customer, and shall be added by Smiths to the sale price. Delivery may at any time be withheld by Smiths pending payment of any sum due from the Customer to Smiths under this Order or any other agreement. Smiths will return Goods/Equipment via the incoming method unless an alternative method has been indicated on the purchase order or a change authorized by the Customer representative. Please note that the above delivery statement does not apply for deliveries made outside the 48 contiguous States. See quotation for delivery terms and conditions. 8. DELIVERY REQUIREMENTS: The client is responsible for assuring access points for delivery of equipment when necessary and.. is required. In an effort to assure a successful delivery, we kindly ask that our'clients take the time to fill out the "Delivery Requirements" form. 9. DELIVERY INSPECTION REPORT: In an effort to help protect both Smiths Detection Inc. and our clients, we ask that before signing for receipt of your equipment, you take a few minutes to conduct a thorough evaluation of the exterior of the system and complete the :Delivery Inspection Report" provided by the contracted trucking company. 10. STORAGE FEES: A storage fee will be applied monthly up to the maximum allowed bylaw on all repaired and overhauled units if delivery is not taken with five (5) days of notification. 11. WARRANTIES: Seethe attached "Warranty", which is incorporated herein by reference. 12. TRADEMARKS/COPYRIGHTS: Smiths makes no warranty that the Order Goods/Equipment are free from, and shall not be liable to Customer for, infringement of the intellectual rights (including patents; trademarks and copyrights) of others; and Customer agrees to assume all risks associated therewith. Customer agrees to hold Smiths harmless against any claim for infringement arising out of compliance with Customers drawings, specifications, requirements or instructions. 13. LIMITATIONS OF LIABILITY AND INDEMNITY: (A) Customer and Operator understand that the Goods/Equipment are designed to be used as tools by personnel trained in attempting to detect the possession and/or transportation of threatening materials. The level of success of such detection attempts is dependant on numerous factors, including but not limited to, the sophistication of efforts to conceal such materials, the size, type and quantity of the conditions. Accordingly, Smiths makes no guaranty or warranty as to the results that will be achieved through the use of the Goods/Equipment, and it is agreed that the sole responsibility for such results shall be borne by Customer. Accordingly, Smiths makes no guaranty or warranty as to the results that will be achieved through the use of the Goods/Equipment; and it is agreed that the sole responsibility for such results shall be borne by Customer. (B) AS PROVIDED IN THE WARRANTY INCORPORATED HEREIN PURSUANT TO SECTION 11 ABOVE, SMITHS' LIABILITY FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REMEDIES THEREIN PROVIDED. WITH RESPECT TO OTHER BREACHES OF CONTRACT, SMITHS SHALL HAVE NO LIABILITY IN EXCESS OF THE E AMOUNT OF THIS ORDER. IN NO EVENT SHALL SMITHS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COST OF SUBSTITUTE PROCUREMENT, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF REVENUES. LOSS OF BUSINESS, OR FAILURE OR DELAY IN PERFORMANCE, WHETHER BASED ON BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT OR ON ANY STRICT LIABILITY THEORY, EVEN IF SMITHS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOR SHALL SMITHS BE RESPONSIBLE FOR ANY CLAIM AGAINST CUSTOMER BY A THIRD PARTY. (C) To the fullest extent permitted by applicable law, Customer shall defend, indemnify, and hold harmless Smiths and its affiliates and their respective officers, partners, directors, employees, agents, successors, and assigns ("Smiths Parties") from and against any and all losses, claims, damages, liabilities, expenses (including, without limitation, fees and disbursements of legal counsel and expenses of litigation) or other obligations (collectively "Losses") and threatened Losses to the extent they arise from or in connection with the purchase and/operation of the Goods/Equipment by Customer or Owner, including but not limited to any of the following: (i) the death or bodily injury of any agent, employee, customer, Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com DATE: 1/26/2009 S1 I lLtns QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 5 of 7 TERMS: Net 30 Smiths Detection VALID UNTIL: 2/26/2009 Quotation for: DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor Vernon Fire Department DELIVERY TERMS: EX Works Danbury, CT 4305 Santa Fe Avenue Federal ID#: 22-355-2823 Vernon, CA 90058 Item Qty Part No. Description Base Price Net Price business invitee, or business visitor or other person, and the damage, loss, or destruction of any real or tangible personal property; (ii) any action taken by or on behalf of Customer in the performance of this Order that causes Smiths to be obligated to indemnify, defend, and/or hold harmless any third party; (iii) any claim, demand, charge, action, cause of action, or other proceeding resulting from an act or omission of Customer, its employees, agents, or subcontractors acting in its or their capacity as an employer or potential employer with respect to the claimant; and (iv) any claim by Customer or Operator, whether based on warranty or other contract breach, negligence or other tort or on any strict liability theory, for matters disclaimed in subsection (B) above. Customer shall fully indemnify and completely hold harmless the Smiths Parties as provided above, whether or not negligence or other fault of any of the Smiths Parties contributed to, or is claimed or alleged to have contributed to, the claim, action, damage, loss, cost, liability or expense. The only instance in which Customer shall not fully indemnify and completely hold harmless the Smiths Parties as set forth above is where the claim is based solely upon the alleged fault of Smiths and Smith's fault is adjudicated to be the sole cause of all of the Losses. (D) Smiths shall not be liable for failure to deliver, for delay in delivery, or for any losses or damage to Customer, or to the Goods/Equipment occasioned by delays, in the performance of Smiths obligations, due to: (i) any cause beyond Smiths reasonable control or the control of Smiths suppliers or subcontractors; (ii) an act of God, actor omission of Customer, act of civil or military authority, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation; or (iii) any other commercial impracticability. (E) The conditions to performance specifically stated in this provision and elsewhere in this Order shall be the only conditions precedent or subsequent to an absolute duty of performance on the part of Customer and Smiths. Any official action or legal proceeding by Customer in connection with this Order, other than provided for elsewhere in this Order, must be commenced within one (1) year from delivery.A In no event of breach or repudiation of this Order by Smiths shall Smiths be liable for indirect, special, third party, incidental, or consequential damages, including without limitation lost profits, data, or goodwill, and Customer hereby agrees not to make any such claim on Smiths. Customer agrees to defend, indemnify and hold harmless Smiths from and against any claim, loss, liability, expense or damage (including liens or legal fees) incurred by Smiths with respect to any of Customers export or re-export activities contrary to Section 19 Export & Import Controls. 14. TAXES: Sales and use taxes, payable by Customer, which are presently or may hereafter be imposed by any taxing authority, are not included in the sale price. Any direct or excise tax or import or customs exaction payable by Smiths, which may hereafter be imposed by any taxing authority, wheresoever located, upon the manufacture, sale or delivery of products covered by this order, or any increase in rate of any such tax or import or customs exaction now in force, shall be added to the sales price. If such charge is not collected at the time of payment or sale price, Customer will hold Smiths harmless. 15. CHANGES AND TERMINATION: (A) Smiths shall have the right, in its sole discretion, to terminate this Order if Customer: (i) is unable to pay its debts generally as and when they become due; (ii) is the subject of a legal process declaring it insolvent; (iii) ceases or threatens to cease carrying on its business; or (iv) commits a substantial breach of this Order which is incapable of remedy. (B) Customer may make a written request for amendment, modification, or termination. If a request for amendment or modification is accepted by Smiths, and any changes cause an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Order, an equitable adjustment shall be made in the price or delivery schedule, or both, and the Order shall be modified in writing accordingly. Wherever the cost of property made obsolete as a result of the change is included in the price adjustment, Customer shall have the right to prescribe the manner of disposition of such property. Ifrequest for termination is accepted by Smiths, equitable provision shall be made to Smiths for a recoupment of all costs incurred under the Order and for reasonable profit based on time and costs expended. The Order shall continue in effect until such time as payment is received. A written request as specified herein shall give Smiths adequate reason to demand written assurance of Customer's ability and intent to carry out the Order. 16. MERGER AND SEVERABILITY: This Order contains the total agreement of the Parties, and all agreements entered into prior to or contemporaneously with the execution of this agreement are excluded whether oral or in writing, except that a contemporaneous writing, signed by both Parties, and finely attached to this tender, shall be considered part hereof. If any provision of this Order shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not effect the remaining provisions of this Order, all of which shall remain in full force and effect, 17. DISPUTE RESOLUTION, GOVERNING LAW, AND FORUM: (A) This Order shall be governed by, and construed in accordance with, the laws of the State of [jurisdiction], without the application of conflict of laws principles. THIS ORDER SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Notwithstanding the foregoing, the federal laws of the United States of America shall be the governing laws, to the extent appropriate, with respect to issues involving patent, copyright, or trademark. (B) In the event a dispute arises under or relates to this Order, the Parties shall diligently attempt to resolve the dispute within thirty (30) days from the date either Party gives written notice to the other of its intent to invoke this provision, during which period neither Party may commence legal action to assert its rights against the other. In the event the Parties do not resolve the dispute within the thirty (30) day period referenced above, either Party may institute legal action to pursue any right or remedy it may have against the other Party, Any legal action or proceeding with respect to this Order shall be brought and maintained in the courts of the State of [jurisdiction] or of the United States of America for the District of [jurisdiction], By execution of this Order, Customer hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. No action in law or equity arising out of this Order may be brought by Customer more than two years after the cause of action has first arisen. (C) Customer further irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding if such process shall be in writing and either shall be delivered in person or sent by registered or certified mail (return receipt requested), postage pre -paid, and addressed to Customer at the address of Customer for notices under this Order. Nothing herein shall affect the right of Smiths to serve process in any other manner permitted by law or to commence legal proceedings or otherwise proceed against Customer in any other jurisdiction. - (D) Smiths shall have the right to collect from Customer its reasonable expenses, including attorneys' fees, incurred in enforcing this Order. -- (E) The rights and obligations herein shall survive completion of the final payment under this Order. 18. CONFIDENTIALITY: The Parties agree that, in the course of performance of this Order, it may be necessary and desirable for them to exchange confidential information. For example, all updates, repairs, replacements, fixes, modifications, and other changes to the Goods/Equipment shall be considered Smiths proprietary information. To accomplish this confidentiality, the Parties agree as follows: any Party disclosing confidential information to the other Party shall identify such information as confidential when disclosing it. The - receiving Party shall not disclose confidential information of the disclosing Party to any person outside its employ, except when authorized by the disclosing Party. Any Party receiving confidential information under this Article shall maintain such information in confidence in the same manner it protects its own confidential information and shall use it only for the performance of this Order, and for no other purpose. 19. EXPORT AND IMPORT CONTROLS: Customer acknowledges and agrees that the Ultimate Destination of the Order Goods/Equipment is in the United States, unless otherwise agreed to in writing. Customer shall not authorize or permit its employees, distributors, customers, brokers, freight forwarders, and/or agents to export or re-export any of the Order Goods/Equipment to any foreign person without complying with applicable import and export laws and regulations of Customer's country and of the United States, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Customer agrees to obtain and properly utilize U.S. Government export authorization Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com smiths Smiths Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description DATE: 1/26/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 6 of 7 TERMS: Net 30 VALID UNTIL: 2/26/2009 DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor DELIVERY TERMS: EX Works Danbury, CT Federal ID#: 22-355-2823 Base Price Net Price prior to exporting or re-exporting the Order Goods/Equipment, either in their original form or after being incorporated into other end -items. 20. NOTIFICATION: Customer agrees to notify Smiths immediately if Customer is listed in any Denied Persons List, Entity List; or Specially Designated Nationals List, or if Customer's export privileges are otherwise denied, suspended or revoked in whole or in part by any U,S. Government entity or agency. 21. LICENSE AND OWNERSHIP: To the extent that the Order Goods/Equipment contain or are software, Smiths hereby grants to Customer a non-exclusive, non -transferable, personal license to use the software and related documentation. Customer's use of the Order Goods/Equipment conclusively evidences its acceptance of this license and this Order, including this Section 20. Title to the software shall at all times remain with Smiths. Customer agrees that the software, all enhancements, related documentation, and derivative works are, and will remain, the sole property of Smiths and includes valuable trade secrets. Customer agrees to treat the software and related documentation as confidential and to not copy, reproduce, sub -license, or otherwise disclose the software and related documentation to third parties. Customer agrees to not disassemble, decompile, reverse engineer, create derivative works from or otherwise translate, customize, localize, modify, add to, or in any way alter, rent, or loan the software or related documentation. 22, ASSIGNMENT: Neither Party shall assign this Order without the prior written consent of the other Party, except that Smiths may assign it to any of its parent, sister, or affiliate companies. - - 23. RELATIONSHIP: Nothing in this Order shalt be construed to place the Parties in the relationship of partners orjoint ventures, and the Parties shall have no power to obligate or bind the other in any manner whatsoever. 24. HEADINGS: Any headings or paragraph titles are for the convenience of reference only and shall not define, limit, or extend the scope or intent of this Order or any provision thereof. 25. PROPRIETARY INFORMATION STATEMENT: This quotation contains information proprietary to Smiths Detection, Inc. No part of this information may be reproduced or transmitted in any form without the prior written permission of Smiths Detection Inc. This quotation supersedes all previous quotations and is valid for 90 days from date of issue, unless otherwise stated. 26. INSTALLATION & TRAINING: This Installation and Training provision only applies to X-Ray equipment. Installation is not included for TRACE products unless otherwise denoted on quotation. The cost of installation and training, for the X-ray equipment (160 Kv or lower) purchased, is included within Smiths Detection Inc.'s proposal, provided the installation is scheduled within 90 days from the date the unit shipped. This includes one visit to the client's facility where the installation and training will be conducted during normal business hours Monday through Friday. Please note that installation and training is only included for equipment delivered and installed within the 48 contiguous States. Once the client receives the equipment, they must contact the Smiths Detection Inc. Service Department at 800-297-0955 to confirm receipt and a visit will be scheduled for a mutually agreed upon date. During this visit, the technician will install the X-ray unit (160 Kv or lower), which includes a Radiation Survey and calibration of the equipment as well as train the client's personnel on the start-up and fail-safe features, basic usage and software features of the equipment purchased. Warranty Statement (A) Smiths warrants that the Goods/Equipment sold by Smiths, and that is manufactured by Smiths, (a) conforms to Smiths specifications, and (b) is free from defects in materials and workmanship (under normal usage and provided that Smiths' operation and maintenance instructions are followed by competent personnel) appearing within the applicable warranty period set forth in Appendix A. Normal wear and tear shall not be considered a defect. (B) For equipment that is not manufactured by Smiths, Smiths' only responsibility is to assign to its customer any manufacturer's warranty that does not prohibit such assignment. (C) Equipment and parts that are consumed in normal operation are not covered by this warranty. (D) If the Customer or Operator, as the case may be, discovers a defect within the applicable warranty period, it must be reported to Smiths service department at 1-800-297-0955 immediately upon discovery. (E) Within a reasonable time after proper notification, Smiths shall, during its normal business hours, Monday through Friday, correct any defect covered by this warranty with either new or used replacement parts, without charge, subject to the further applicable terms and conditions set forth in Appendix A. The original duration of this Warranty shall remain applicable to those parts not repaired or replaced. Any part repaired or replaced is warranted to conform to Smith's specifications and to be free from defects in materials or workmanship appearing within a period after repair or replacement equivalent to the warranty period originally applicable to the Goods/Equipment of which it is a part, subject to the other terms of this Warranty. The above remedies are the exclusive remedies of Customer and Operator, and the sole responsibility of Smiths, for breach of this Warranty. (F) Smiths' warranty ceases to be effective if Purchaser fails to operate and use the equipment sold hereunder in a safe and reasonable manner in accordance with Smiths' written instructions. (G) Neither Customer nor Operator shall be entitled to any remedy under this Warranty with respect to (i) Goods/Equipment that has been subjected to any alteration, disassembly, tampering, modification, or repair without prior authorization by Smiths; (ii) Goods/Equipment subjected to experimental running or any type of operation or use other than that for which the Goods/Equipment is designed; (iii) Goods/Equipment from which Smiths' and/or vendor's trademark or serial number has been altered, removed, or obliterated without Smiths' written permission, excluding any alteration, removal, or obliteration directly caused by accident or mishap; (iv) Goods/Equipment that has been in storage or immobilized for one year or more after delivery. (H) SMITHS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE; AND THE EXPRESS WARRANTY SET IN THIS ARTICLE IS IN LIEU OF ANY SUCH WARRANTY AND ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF SMITHS. (I) For purposes of the exclusive remedies set forth in this Warranty, and the limitations of liability set forth in Section 13 of the Terms and Conditions of Sale into which it is incorporated, "Smiths" shall be deemed to include Smiths, its subsidiaries, and their affiliates, directors, officers, employees, agents, representatives, subcontractors, and suppliers of all of therm. Q) This Warranty is non -transferable and is applicable only to the original Customer or Operator . (K) This Warranty shall not be extended, altered or varied except by written instrument executed by Smiths. Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com Smuts Detection Quotation for: Vernon Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Item Qty Part No. Description DATE: 1 /26/2009 QUOTATION NO.: 06UJ9A0003UJ PAGE NO.: Page 7 of 7 TERMS: Net 30 VALID UNTIL: 2/26/2009 DELIVERY: See Terms & Conditions Summary Page WARRANTY: Four years parts and labor DELIVERY TERMS: EX Works Danbury, CT Federal ID#: 22-355-2 82 3 Base Price Net Price .-1 -- , ___. _._. __..___ __ _o r _--_ a ..,...».... ... ........ ».. ..� ...,,,,. ,,., ,,.........,.....,., ......... ... .,q a...,. uwcymucc u. um wuua,cyu,pn,cu,. Smiths Detection 21 Commerce Drive Danbury, CT. 06810 Main (203) 207-9700 Fax (203) 207-9780 www.smithsdetection.com Technical Information smLths deteCtLon bringing technology to life HazMaUD TM PORTABLE CHEMICAL IDENTIFIER t� IN, P,�r s5 Y "v y �E PF When a Response team is called Database libraries include: Feature Highlights upon to deal with apotentially dangerous or toxic substance, the • WMD—nerve & blister agents • Identifies unknown liquid, powders and solids in seconds first and most crucial question is: • Toxic industrial chemicals • No sample preparation 'What is this substance?" The • White powders • Easy to use in Level A gear portable HazMatID chemical • Explosives & Clan Lab • At 23 lbs , it can easily be carried into the Hotzone identifier answers this question in precursors • Entire system can be submersed in a decon solution seconds. • Drug precursors • ReachBack'", 24/7/365 technical support The HazMatID is a highly specific • Common chemicals • Forensic drugs tool that measures how chemical • Pesticides samples interact with infrared Light. Using extensive inboard libraries, spectral matching makes it possible for the HazMatID to rapidly identify chemicals on the basis of their distinct molecular fingerprint in Less than 20 seconds. www.smithsdetection.com Technical Data HazMaUD General Specifications Technology Fourier -Transform Infrared Spectroscopy USA First Responder Market Weight 23 tbs. (10.43 kg] Smiths Detection -Danbury 21 Commerce Dr. - Size 171/2" x 12" x 71/2" (44.4 x 30.5 x 19 cm) Danbury, CT 06810 T: +1 203 207 9700 Sample interface Diamond sensor F: +1 2032079780 Toll -free: 1888 473 6747 Environmental Features. The system is waterproof to allow it to pass through the decon line. The beam danburyfdsmiftrietect on.com splitter uses a ZnSe substrate which is resistant to environmental conditions Civil Market encountered in the field. Smiths Detection Inc. 30 Hook Mountain Rd. Operating Ranges Operational in extreme weather and temperatures ranging from 19°F to PO Box410 122°F (-7°C to 50°Cl. Humidity ranging from 0-100% Pine Brook, NJ 07058 T: +1; 973 830 2100 User Interface The HazMatiD software is a streamlined, touch -screen application. F: +1 973 830 2200 USinfoOsmithsdetection.com Specifically designed to be easy to use but very powerful in its capability, a complete identification of an unknown simply requires the user to advance Federal Government/DoDMarket each screen as it is presented. Network enabled. Requires security Smiths Detection authorization to access. Windows° operating system. 1601 N. Kent Street Suite 200 Controller Touch -screen embedded system Arlington, VA22209 Finger or Stylus control T: 1 7036825700 F: 1 703 682 5699 USi nfofasm i thsdetectio n.co m Power Internal battery, mains or cigarette lighter Battery runs for 2 hours Service Charge lime is 3 hours Smiths Detection -Danbury 21 Commerce Dr. External Data Storage Full USB support Danbury, CT06810 Flash devices T: +1 2032079700 Floppy drives F: +1 203 207 9780 CD -Rs Toll -free: 1 888 4736747 support.danburyfasmithsdetection.com Input/Output Devices Mouse and keyboard compatible Canada Ethernet capable Smiths Detection -Toronto Ltd. 7030 Century Avenue" Available 0 tions P Mississauga, Ontario - Canadat5N 2V8 ExtractIR Removes chemicals from aqueous solutions for T: +1 9058175990 improved identification F: +1 9058175992 Wireless capabiltiy Up to 11 Mbps high-speed transfer rate with automatic fallback Smiths Detection Montreal Inc. 802.11g 2.4GHrcompliant 950 Bergar, Laval (Quebecl Supports up to 128-bit WEP encryption security Canada H7L5A1 T: +1 (45019670010 Indoor and outdoor capability F: +1 (45019677444 - mail.canadatdsmiths-heimand.com RepeatlR More than doubles the wireless communication range Libraries Additional spectral libraries are available 71/2" e.'OW_. e< 12 Modifications reserved. 9558884412/07/07©2007Smiths Detection smLths d teCtLon Memo To: Eric Fresch, City Administrator From: Mark C. Whitworth Fire Chief Date: January 21, 2009 Re: HazMat ID Command System - Purchase Order Request In order to complete the typing of our Haz Mat Unit, Office of Emergency Services has requested we purchase this HazMat ID Command System. We, through negotiations, have received additional grant funds totaling $61,000 toward the purchase of this item. We have funds available in our budget for the additional $10,000 needed which the grant does not cover. It is my recommendation to have Council approve the purchase of the HazMat ID Command System. C: Kristen Enomoto, Asst. to the City Administrator Martha Valenzuela, Director of Business Services/Personnel Dolores Jaunzemis, Purchasing Assistant :efresch HMID command system purchase 0 Page 1 'STATE e?Ff^ALIT?ORNIA ARNOLD SCHWARZENEGGER, Governor ,....,s GOVERNOR'S OFFICE OF EMERGENCY SERVICESOE S =m� Fire and Rescue Branch M Schriever Ave Mather, CA. 95655 CAL I P o a N; S *' =� • • Phone 916 845-8711 r RECEIVE,) C^UFO*N` Night -Weekends) (916) 845-8911 E Fax: (916) 845-V96 E-Mail: OES_Fire@oes.ca.gov DEC — 9 2000 December 2, 2008 Fire Department Copy David Kimes, Battalion Chief Hazardous Materials Division Vernon Fire Department 4305 South Santa Fe Avenue Vernon, CA, 90058 Dear Chief Kimes: According to our records, a hazardous materials company typing inspection was conducted at your request on July 141h , 2008 at 4201 South Santa Fe Avenue, Vernon. The results of .that inspection revealed that the following items needed finther attention: Training Records — PASS Equipment Inventory — FAIL (specified inventory items missing or incomplete) A letter dated July 15*12008 was sent to Battalion Chief Kimes indicating each inventory item that needed attention. We would like to inquire about the progress of your haz-mat team regarding addressing the above noted issues. We would also like to know your intentions of meeting the criteria for haz-mat teanC typing status in accordance with FIRESCOPE Standardized Equipment List, and becoming a part of and participating in the OES Fire & Rescue Mutual Aid System for hazardous materials. Effective immediately, we are instituting the adoption of a Target Completion Date of six (6) months from the date of an inspection in order to bring teams into the fold of the statewide Hazardous Materials Team Typing Certification Project and into the Fire and Rescue Mutual Aid System. If the certification of your team cannot be completed after this date, and up to one year of the date of the initial inspection, a new on -site Team Typing Inspection must be requested. Target Completion Date: January, 2009. Re -Inspection Date After: July, 2009. We would like to request that you inform us of your progress of acquiring the missing items as noted, your intention of achieving a certified team typing status, and your intention to participate in the hazardous materials mutual aid system. Communicatipn with our office can be made by mail, fax, or by e-mail. If there is anything we can do to assist you or your agency in attaining a team typing status please let us know. ---- ---W-e look forward to hearing from you. Most Respectfully, Jan Dunbar, Assistant Chief�� Special Operations Fire & Rescue Branch 3650 Schriever Ave. Mather, CA, 95655 cc/ Chief Mark Whitworth✓ Kim Zagaris file (916) 845-8483 (916) 845-8396 jan.dimbar@oes.ca.gov CADocuments and Settings\dunbadWy Documents\FirescopeStuft\TeaniType-Completion-Vemon-FOLLOWup.doe Smiths Detection - Home Page 1 of 1 New from Smift Detection Exciting product applications for powerfut detection technologies. Previous Next Welcome to Smiths Detection Smiths Detection provides government regulated technology products and advanced services to security experts and governments worldwide, to detect and identify CBRNE material and other dangerous or illegal objects. We diversify our technology portfolio to benefit other markets. Smiths Detection offers advanced integrated security solutions based on trace detection equipment, X-ray screening systems and other proven and developing technologies. Our systems safeguard those in the front line and the public at large; protecting buildings and transport systems; screening everything from a ticket to a truck. Our detection equipment is used by military forces and public service workers who need to be equipped for chemical agent detection and biological warfare agent identification; by staff responsible for airport security, transportation security and critical infrastructure security; by customs officers responsible for contraband detection and cargo security (based on x-ray screening), and by the emergency services. Smiths Detection is a world leader in transportation security, notably airport x-ray systems used in the search for illegal and dangerous items or for explosives detection in checked baggage, hand -baggage or on passengers themselves. Our specialist software supply business allows the management of large sensor and video surveillance networks. Separate business units focus on related products for the life sciences, veterinary and food manufacturing industries. 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Q m q To: WILLARD YAMAGUCHI, RISK MANAGER From: DEBBY NICKENS, PURCHASING Date: 1 /26/2009 Re: SMITHS DETECTION — INSURANCE REQUEST Attached are Fire Department xequisition #0003735 and a proposal received from the above mentioned company. The Fire Department is requesting (1) HazMat ID Command System, which will require in - training of the proposed device. I am submitting this request to the City Clerk this afternoon, for review and approval from the City Council. Purchasing is requesting that you obtain the necessary insurance documents, so that the on -site training can be conducted once the approval is received for the purchase. The vendor contact is Mr. Bob Behrens and he can be contacted at (509) 499-5117. Once insurance approval has been received, please contact Purchasing. Should you require any assistance in this matter, please call me. Thank you, Debby 1 smtths Q"""'TION NO,: OR 1.190003t .i 1'rlClt; tt).t/22-355)-2823 ,t`7 )�,121T�at SmMhs Det.ctii�, . �',ctal.l) rl J�rl.11fs 1):1,I X�'lial l k*,N& (`ttncliti rtt l xnlltfttl°s< I}tt '4� AIIIIIVNTY�r Darts and labor Vcrnt►n= �Irr i)c)y ritn nk DEL�ti'Lz.CZ (`ti RMS� ,J�s t ftnbllr °, C.T 30S,tter R' Awrin I etl rill Cf $ 3 list►► otr Plirl[Nol Buse Privo Net Priev k 1 023-1005 t, 625 00 00 4fa5, _. �ifS,G2:5, - Siair#ple inivrfaec ti„ 5iligtc (1) tvliu;lipn drutrinntl �(lairniv a it tie drhg. �f Itrltdd cii` >4raih nfpcscvclur%r it alyli?� sra itlLx i�cieeclititi s s;U?itu ij�cAt it tl'`+i€ff d a i ;.:niteuhnn snit Yttr>i f 11r advsarccd data - nittllll7tdttlfpr3, ttst,r,4latil) aria;ru liir Qtttilnri t t tlrk t l tY�jt 9tl� N}Yltlliij FII(it 3ll1 - - cmiticdticdcompiaurgyatciri Flatfeawcr',u tticltsftiF ttittrfka, All smeny. havo lie" vilstoolisetl for ow by it • rum resp.nirlvr. Power. 12's°l')Coi, 1i3!la40'VAC x(V60ill,: Hav'Muill) p ul{age pe"rtirreg: 1.Pelicanfiar`dneiuitfplafit V e; 2. Sullied data eamptuilncrtt nt :ladinf, ; ; B port. rabortiot purr, Kt y),Wardl vloiise parts £tad li w} r conilectioll.» Two h'literiln t'haraaal*lv in slate ij o soplinot .ly widt uMwrnnl cliargol.. •1. Ii Rerneil Wltfery C'llary'c>_ G.Iaiphllt!'oliville%tad1lardwate.,required10olvalltfhe Iltr iptllt system wilvIcssly. ' V 7, Key0oard Drill Molise, toll'tised with tlarMsulf- �ygtcit. $.:Aitanduld I vow WirrPunl: anti la,trt,ilmllip grog-ur n blue mllulditimull. A year - l'nrotutslifp Ill 't:praill exte pion for a fltl9l af`4 yearx S;w ptlrillunlrip f loglato lit€fE�w i"zjr� tlrtsiil-s- . t n•S,le 1'r inin - tic dr iv i iaziMm ir.lepl—allorz irilln (g! held oil -gilt tit ilea t;lrsronitr's rrwiliry I' , tip Ill iii pcopl-;, "�liea( s;ifrarla xtill ' made to nrraoSu aztd coinpletk trniniii tsthin �I� dry, Kd+'f tdo�t,"fit i}I�ttait, 11r intli(t dwrutpt1nnii ur taifit atlla frs I* fdrlett \ 1'artdcrsill 14 rri 11l)(11tvi -till pa s and Libor to iclrnl s) ictluU'ill want oft wallittirtioll, llice Crinor(tlulrivrvd;iyOvelilligh!Olrril Tf) a��gttrtyrnml(tnM:�iitinal - l hc'KtrnlD ri lrrw for cornsu ltir 1 pciatrrr perpr. tit a I driv rogiolml ivil 1618 ulnas IC` iL 1ed to (tie longth (if iiattref hip Pre #rilli k ias to propru lary well Rita, www liainnatisteratt 2=1i? Itenrlir3,je< tcvcasto Vital), e11i#tilims. eripinsem. Rind a11Ahmna;r acfu rail fin' .'pcotml ilitctprutalioll t .i"llalwc w)(Vorreahniull suppolt. a titoltl(I"I Litaro( 4',l':: 0064)(lQ Common siililllh- tti3tt-lif�l� f iute Inaiuvtrral sulitla;, GpO Ci#li S l:xpir swag slnillw jitfto-t il0'rotvnoli, DII) z+ %ttitlts lnitz�ii€t1� ti~r,rr hr�tir>,urhlltiltt� - Smith's Deteeitoti 21 f)riv(" 01)(Intrya CT. 06310 maid t`lf13)_-2' 0-11760' I AX (M)�Z07.9780 ntitlfstl#ih6ltnn,ctttii nvttis :�1�rt3e�t 11 C'u»rnlme OVI'Vd Danbury, tl', 0010 Main (203) 207-+9700 Fax (203) 207-97 f1 trtvttistttitl�3ticiFt�iini�.ct�rix smtths QVOTATION NO.- (,,)61JJ9AO003UJ PA(.I,� NO.. Pago 3 (11'7 S '11"P. Net "'m -thw" [Wed" m ion VA UNTI'[— 1 12001 9,'14, J) 1111"'MMY: Sw Torn WA40ANTV: 011e ye-ii vervion Fire Dopiletme"t 011AN'li'AY TERMS: EX Worl 1305 Samil FQ Amin Fedorld 111111h 22,356� Verilon, CA 90058 Itoll Qfy Part No. Descripliffill Ifilso prite No Price 8110111d You have'sitly tions Iq qtieq fljr<jjng thh'; q0OUL60D, pjell-e. conlitoBob nefirefts fit (509) 499-$117 or vin �:mrtil at bl)ejl 1410eloilin Oil Diw1lossury Atoll'(fige qf%ifia 012006)"Thix duvagliovo! otbotairair isaffaromion pirilviggriatiry (If Smitits octrction file., gvfJIC1 WaClous file 'for""Ivat Ill ivi Ill life that siaelli thda'111141111 first fre 111splicatiall garsia), or tligido-vivin witwe ot,lu, porr-fol, ugly posi-l—c telflinat tfiv, prior, WrIffen commt .0ioliditi'lliclectioll ImThe vinitomer k Implicitly in Toprodlice pages file evillfatifilli or Ibis prollosill or ill oxcorps pages or infibrisalition for ifirorporatiall Into co'.flooltr h0cringf:' propo'nigh, el votoril thol k'sollorse file tivultievi o(Sollihs Defeclioll Iffe'll The Illforolatiall coultifloeJ flegrojil k (swuniftfrool elisdusn' rl�' aristio the Freedom Acff$ 111SX,552) outfite Excloplioll (b)(4), road US flisidolure I- prollibited miller fliv'Frolic NcvrvVj Ael (is tl"S�c 190.19 find FAR U202. ftflits ill wie ow, diselose this jigropo�al are goveilood by DFARS 25Z,2M7046 (Jun 1995). 19rull flitill Caudiflulls,5mimMary ALLSitinin fivicom iramhnd rengist C'onglitrom applyo, All,'frg'simmi. nnigns's at s-iid prougborl, srsoilh�' IMexgiqa-S'N'(nf'* Vorobbom can n" t"alorn, following Ion; stralloafy. Vivo( off' $A tIL-wit-of clig1hiltiy is forloirisd for all lost I�edostgd (,o.owavri, GSA 11"N'rounif lots bern ptill.11, 54"Jily (4010 114 At thv Volt I"t ke and Net 11.4co dirfor try (tie opproplinle ill,comig I joyd. Ildivnwy for ilk. l4g,ofirylit prodart line Its 60 go oil Ittispi afivi- rwipt of0rdrs', WilveiT Nr fill rilber 11,(altivot sold Amissarlest h 4, trays after receipt or onlor, oul"s Indicated othel'afNe, T. p4wV yous wal txrvlio flnisimeat, jilkmNo kX'Yos" Parvigaw, 0'd'-� i0que'l wall all amvIaW tom"'i ,,it wr"Ifilimu, Atano with a al'� �xqmruvfl "Tfifival,, jfsfIj*oq1'1v' to Vass 4203) Mantissa; Oil]. ,\If Pwchug, Oulms n—I Au—Natilk Ddlis�boa' �l C—asgw'.'� f),pliniv, <-L 06810m, Ilm �mbu mmie osull arbtl(m, 11(caw tdrwoo Otis 'Jamali"'i is-Allm'; (In of&r and (01t4mliap IN, qualotiom If"61-1 copy oftilk illuqata). yout 111-1J.", 0":10" Prim, msufmray� urifaultionlad Oil Ow ibons jumod hortal sa� avplable 4,111),jo jjj�, flatifoll Stoma, sold nuty aw be Royl,r0golt tiny filly Appilal'k rvdf,tol' ��tair Twil 10VAT laxiss, in addition I. IN prisr, striml (i. Hill iplutath"t linyWfoilialos a 5igned vs-vinining, mfiflicatis (if' ifIrm pay peralit, "Iry"I 11110 ran it'spoil of fe'expoa wcluneal dola at InoOkus-pplidd by Snothi Ibmumn. ;. ,1omignig srallpticawo v.ts,,,t 101)"o tvim exporl'i Aroul 11w I S It""It"A' Inack"104, 4*�anioit kit wit—it'Ifily r otil'i"Qie. qny eqn0sul tlxp,,)jl all1w;imlong i If Iravo—ft tMipplivabb, (),r& olean Swillm 1,10-1 it, Im", "Cu4mmer" 'kall mou of ��Iaojimy 11,31 pstic1mv, I'mil Strait . .... woant b, lhi�' 01(1&,f 1()Pqrabfg' �'fgao issismi otthe �(bdei� hsll inning bvlw�wgl SmillsR intsi lin, Ust't-- (old'uhally "11,111y" And ck".1ml"aly '(1se III Ilm W�'igld ;hs, reou"'Jinl ("innitt'n- ol"'Ot, hstrela arld Ally wvtingt� mpned 11", tv-11) Amu"s, And lie'soo 'Ggs"J,,"F4pojn"ss'a' w". all u-1,vileab,"�lmis Pam, Uk dA, inbopown, -F malwi, -f i Y Und, whil) aro wwplid by Innill—ruslo, ()ill OnW. FA�h Quntalson siod Onlo AsAtomledstos"c"I 0,6wd t�y Sinalm m an offer by "i"I (tisss In ,If fit,, gooth tuid(m �.�l Vies% 'I'w ii-I in 11 in arviviltrino witill 111"o I , wovi told C 'sn'diur, -f N"I'm " "ok or sory offal ' t outdo by rise Vlwomer�Imj o 4xilf"'Isly �'nnahwm'�d upan Ilse Cgsswn)&� jssg�ot it) lia"w at),) 1h.idd,fronal "( diffis—'a wors of airdtdons will bas offive", "t WT-1 3, PURCHASURRICE; pam cil"d hervia ilm hovil *rI �gnllluvsml" and or. Mign-t 1. --AWO inlattagonto Oft w rifiv Rio J'me -g`-(vvvtgurqis ra'any purOmw ordef to alew 4 0� tb'II fit mwh "togays! aq Lviat'lood bit the, JAIL of j0Ibv4'fv' 4, 11,� YK WN'L. (,�) 11a),ment lift Nit O'gibe inoclusu ra led a," If tags insist. j it 1. how, $ tow vill"onq wl ill in I I I '6yj artliq tjg� of ja%rsgfqn flismil Its- '-); ("niso, wN Drive, thol-wy, 1, War; I fl stil Vulsoml paynw'stsg� ocicin e, itselto wolicst for lJol 0-thsI. Wil(�li-ny,("(11,�'vol�yc,4.6t�,,i�or",�Silills - �' Augjes liost Wer ttovwslv.� sfinflg�.mv' cmlogoec Smillus Dett-eticill 'If Co"Iffact'Cli Drive Datibilows CT, 06$10 � Main (20j).207-9700 FrIN' (203) 207A780 DATE, s/1, it-2008 S m S QUOTATIONNO.. ()6LU9A0003UJ tt, h� PA(lE, NO.,' PTIgA 11 (C17 Smiths betection 'rv:tvvvs. Nm 3o VALIDUNTIL. MV2009 Qyotq L* tit, DELINTRN" S"Torms & Condit ioliq Summary Page NVARRANTV- Onv, yoor park'and kilior V01,1101) Fire Depar(ment DFLIVERYTEAM J,`X Works Datibur 1 y, 4301o`,,l.jnt-a FQ Avenue Feder.11,109; 22-355-2823, Vernon. CA900,", 1(tiont Qty art',j*i, Description Base privv Not Price (1) mue th—pplyif r it'. 0-40"Ittaildowt unde, lita, Otdc, Nilh it ir,1?juis,, filially josil ("ielatfilig ll— orpofit or v--W 1�-*xj�) Ill Cosgldimo, todill su"It se 1, log-thol with sit'.11 intm-ni tis okay be due thervoo. is full,!, at (it) le"u-10 the (It"Jer total A-Y ethe, tildmolonel, botwev, tlatith" Iti'l Cu'loulcy, wilutdo o' ..I toy ola, lae dov GW pylowil by Co'l.lao, llw—adko, withool lilbility "d Ow part of Small, Cuson"T sle'll IleV s000lo� liaraotlm"Iv it! amo� lble a tal oulslAnding toldol a II such a gree-nma, lvoll, req),vo, W (toods'E"Joilan, fa� vidapqatnts, Imits"ati'l ollict toojert-as, supplied or ordeted in pirlial timeettooli, (if tht, Att,madrji_� milether Willi all tyerhcaj jout othr!l 011�' ltatolftM bV SIMMIs it. it 111.14111 i�fso�h 1611d (1191166 it,- I Nil le ill Old (Imer qw.,atv to oloorela woll 1h. toraw oftalyalcilf If pavolcial t� lail udadv as pro-10.1 jAdov,,, ilaweliv hv deou,"tf it havo wmwd ralloms 'I plhvva,0. wlivIllar txluqs* of implaJ) txtwolc�l ill Seotion $ laallandpi-, Spoolls nloy 'Imaind cliffolklau total. .1, Inwalval food) oluo", slo—ridd <Ill flot tilde of tills otdol', wthfac'-, it, Tvll,—atbly appeals floal Comollim's "a'dition ollldto% sudi Vltflldwq� told fly d qn,liall dsldlmljci� op lilt W pty whelles'er it reastilably appiolos 11'al -A libihoy e, I(, d6old, SIXII dianiond oblill lt�� to eatialt mul 81tooll, alay, opoll olmking sadi 0-avir'll, stop prodoelical all(Voi (D) If cliatidam, ill in dierdlift orany fluvoot"I ot'litattaln, ��aitlls is, Without momallm dfol to) oflair nglils, eat0led lx� dmy� Welest at �I vald of I 'S time, lilt llal�lj laicit"t (61 ally bvillmonA with ilds, do"J"Ig o(layingm k RittrVallollmolm" 'll!"Iftl wilt to stlspklffj� lee, ill adduhalI-any 4uppat1i —is Jra�lrrvd liall tot lcoult6ho" iramilwiflo1c, ro, all reomml imo, 6. UENS AND TrrLR (A) Customer IwIeW lo"Olm W Smiltis a Voutaiay itilervia to ady lowpoolly owneal Uy lilt, cublonlef ("vit-Ine"s beodivial liglas to ploi-I. lvased by Ille lammmull ta Salt , (Iti at ooy4 $tajoiel� atAltoes"It miV little, III liectwe all kolooll"l,owed by Clowmad 1A, linulle; wale? (1115 0MVf (0) 111 file �dlvol orloom"s o'T .-(hato. Iviroidjol) polosplita, to flits Of4tv" (Imonill, dipecl to gl,la! Sovills it jd,,fd"eqI saviority naeto'l ol all gellotwj 1. .1 I ow I i0l0kti, jalvo (atil perfo(mail Ily'Slaiflet, Caliber al-k 11"u-Isilge alal 44(laot th-l� ill liddo.'a Io Flvtil ity total id- I mul Ifea a , A"lliall"lem ollioned ill 1. the law lilt Ima(vAutine limlitet! by Custma. ca thlimaill Ibu opmeli-oo oflay) tit,[ folVoiteld covetila"Isliall befol Old roll valu Or"odo work, a"Ilsball tvujv00t 10.,loy liva m ta�ordsl in I'm, toplow, Solitlis iga socutsal eradoorori. omonlel toll) fills all (twil4titsol"llecutoll cmillor i('l Willo,eilavi potwaot to Ill,, little" ("misnow, avjw�� solacl,lai'latill's Illat Solnlls��Wll let -no) intorem do 5,w% ofailall psymeal ol)] Gotelvrquipmela Itu b"a mad"Idd All '10"r oo�rwmabb oftl is O(Jaf Itave I—o imfojo-1 oil ItIl, Atwrdeasl J."'stoolle _WYer of perilml Oily liell III voclaotnm.o to tit evifillbilidj toat vilaxt, ilm: 1,11 tfur, l. ill, f—at of ("oskodef" o"Olv(mluy, og in 1116ovaill that low P,hufffl is I ill,11 T��, Ot Apoisl cdswlel undet chapiv 7 at (Ampler I I Of Ill. Bolliko I'la"s. Col1r, Stiall", (de, ill it& de"c-lell"ll. mcme, all (1-11m]"ll'oplatmt l:fohl parsasoln Ill tills olderali'vla s-k dallmoom or dase�, londev filoplival"ho, lam ffei�od jdid fly Sinii1w, e,� the jila- of 0opoleof ItilookA hercia wi 'toil) a rosialst'le loole .11" t talill, J�y Slatils ot -illen 'v'r aaco TylowAily, odit elmolov, wit; lo. woluled 24 ho"Ittlimos Ill dalmery; Typicilly imetit lo,le will lot T-I Qfdoaildss ohlys flood little tit-ol lluo,�11011�5 Oe 4dtloll IM, wil"Oulaw, rMil,cliq N"ti Ill nut(al Jailing ludlo,�Jl 'Lay", One alIeIaqlLJkjq4Vt,,r will,lid delivery "Vol o' tit ally toddailtool cosill invotitil til, ev�Mivotv gad,'sor storage, f-6 �aa v dol, Ali (1-.amh. .1olivroplaied an alkhAng, bid not, Joldhad to, daidalids, tot lost Ittofits, lon allies told oltun� iti petsoa otpeoperly), (or Mays, or WWI" to owa notice or, dolily, whodid, of tool e'luticd by 0 "�Ainjl frold slaidis, to allikemich oladd on Smillm (filt Trilaefolif loaalo(or 1110 o1jimilhiftool'alou li roade told col"I'l-l'-Tion ordoljwly is plovemoll 1hrialgh I,, fult Nouthi aely folia'alable allerpatevv platc of delivoty Collomor op"Iss, Illat all Ousts orallinge and Inalast, I ow ml 1,14[owmot 10 liallial at dofivelvalt. beov.1,1"olocaled to told impos'd atw-o Cuall ."'d slaill N1 lahlotl by sludb", 11'elmi—into milax] almolatiV weillod loo, bewl, .dieptedoo ohl, po"luor ("flat it( li 1111 C-1011let tej)(eSQflI0tiV0 Pitate ht ao e0o"tiollmulea suime's(al dolm'Y' wa k"n'lly Oak i1va gof elielle lake Ilia little wfill ow tW 'Ov'wely 10(joicolue'an' foo'l ill, $T0,RA(A--,FFr-s, Aslo!"assp Will lid apphell aloallily up ill thealaxinnod allowed lly law all all mponeol loal 00tatiell Italia if oirlivuy 11-1 t#oso wolt rm (!t) days of it WARRANTIC."l. �SX- JIM iffisjoilt t Ifili ()nw Gand,"FlIttirm Ila �%qlmdjy tho oigoro f(eq flooll, load 11"'R all Joe lialljo, Co$%"or robr� 6011waliollealoal I'm (oWdOto (0 , loirks and 0 olill" loiy,ie�1,10,,I'�,ttivkt.,i�id(.,!tltQ,��lorloreoolo4tsllil���i,11,i-�,;,A�,Odi�)�Vdt�t�(0)��:11,� o 6ittal at �,altlold ot of 14 ,1 -,(iK0$,,ftqdirQftoau. ot at"llviol 6a, ido, did, olhqla�, witill Cusitflalle"s d6wielt" 'pq'ilrg a "ad p "fes, uvowlingly ,,It tv'whiow'd Iflimitil, the asoorme litill it is agreed It"11 fllusoh� cespmoilmlie� rot sn'Al ov"Ill, Oall hollorda, tv Cdoollo"I "mulls, AbAll Ile Kelai by Cmicalull, oil) As PROVIDIA) IN II IllAAIjItANTY INCORPORATV0 I 1PRFUN R lKSUAN I 'ro AuCTION. I I A BOVE, qMITI IS' IA Allot ('TN F(TR IIRPA0 I OF WARRANIN S) IAI,I, IIF 'S "Miths Deftefitirl Z I ( :ollmlerle DrIve Databory-, (7, 06810 Main (203) 207-97(10 Flix (203) 207-9780 MIT,; 8/15/2008 smt QUOTATIONW, 06UJ9A0003tJJ ,ths PACE NO.., IV10 5 00 smitm Detection Tf AMS: Not 30 VA 1A 1) 1 INT1 i­ 9/1412008 DELIVERY,, SoQ'j'pylp$ & Conditions Summary Pap Q, wil, a, WARRANTY: 0fic, yt:ar 1wirts and labor Vernon Firo 0epartwort 'RXIS 01-11A,VtAX TE - V% Xfork,541ifiburyt CT 4305 Santa Ye Akvellllo POIC ral I IM. 22� 6 M-28,23 Veriimil� CA 90058 Will Qiv Part No, Description Oft'se prkv Not Price I NO Wvrpi'r SvIAM 8,9111 Is BE LIA1114: I'Olt ARY", m tflfl.ARY� OR OT1111IR PANIAOFs, N ANY OANIMMS ItS."S'01:11N6 PrOil COSTOF suris'n'run. Pwo,Rf�'NIFNT, LOSS OF USP, t.oss ov tt,vm 1,01,"s OF PROITIN, LWS Of SAVINGS,. RTWUNLIPS, LOSS OF TIUMNFRS� OR FAILURCOR FIRI,AY INNiPPORAIAMT. W[W-11,11[iR IIAS11) ON, III(EACH 01; WARRANTY OR OTHER (,:ON'fkAtl-r�litLAt,'If,,4ncit�icik(�i,, Olt artiFft'i"0111 UR (IN ANY [Aq�K' IF Slmi'I'lls 14AS IsITN ADVv,;FU Or 'Hill FOSSIMITT V OF ANY �UUIFIAMA(T'�g NORW411"WrIfis FOR ANY RVA'Rflikll PAIVI'V (C) fill -d iluo"IlBri-di- ffi—." rtiorwo" thm'�1001' oqkpIkkyvl�.A9fB`lIA. SkW1vlqdr'8� 4,14,144ift"* ('$iTtillm Poaie3l) erom And By'lifut okl� litild All IAm, ollillm, lljmaji�% lijbtliho" oxplAtm (10dwimir, f.111.11t jimil"tioll, IV," 4041 disbunenwaik, dilLewl �mimqrj And olifefoga orillipAtkip) ilrotlow obligaliollo lin(I 11"velOgned f mf�0�1 fil tire exlent thov fri'" bom ill in '�'iuwvmimt ivull file hy Cmlorll(B 0, OWAek, kA'W' isig hu'l ,III ImliWd to aw of tile f0k,,"fig: (i) itit deRlb ill, boddy u.,jury vlkiilkfok.j� InIA"m irivitA,, (it whorpoij;iln, Orid th'� lol';! ofieriv I'm( ell leapblif rorsonAl prepwy� (if) A-* Amon JAkim" ily or (ill bolialfor Cullu a vk ill, TwjI4""n';BIcV' filthi'l (yalpy that Ceram &.01% to inde"Atilty, dvieri'L a'lkl"ot hold brvvo6s RAY third puly, cl�tioj' d""AllAid, ellusl% AAIioo� ol' A'AloA. Or O"Im loulfillit rforr, fill Baw omission off`ud'lo'.l� It, Ikllplqvqfg� 040"m 80)"A ilk iu (tr thVir �'Ixvily "� All Poreatirl empioy'ri with 11, 14. ellfilailL, kim't ikiv) "ny "Iffm by Cultottiffir tit Oporuwf� whailm hBBVu1 oil wamwity (It Otfil,re'Bluki'A breAch, mitfigoileff or k"dio, Left Of 6A 36y rill"WI Nibilav, 111vorv. fOkr . .... plAvAy hold Im"1110", life %Zunl'�� P.Blik"I A'�' .110II0 Ok Ooirwltljg�'nev it fAlm rA01 Ora"'y oriba �,knllbs flam"N' C'BuriteIl'A to, ot A daijitH or olleg'A to have voowlhweit lo� llw difill), aclit'n, lo", rolki, 4,313411Y Of C'WgMV� 11W CA* ilIVIAliN IA "IM11 ,Ill.)] not IfIff I'Bmt% wk "t thv CIA'A­ I-wIl ".1ch, OfAAI tile allf:B�e'i Cildl "1'.15 ... lh� m'd $4BIll'i fidull la y mdvalmt�v III J V�Allplelely holl! Willifir"m Ito svflltle� I A,hodimcd to N Iliv J`fhv Llnxm it') Sol-Of"""ll"Ill Poll liq lirbleftr fakreta doliwt, thrjoLiV !a (10"'Ity, -0 all Billy lmlo'or dowfqto if) 06101fer, Or to &V GWANT'litOOom by d0ap., in he petkinmmo Of S. alith, ohl�mfklrofm ritlo, iti�'() arky'CAUSC bmillIsmitill masonable Conlrol or 0, (Ill gn e�q orOini, A�( o' —.1 1 Cum-am"I'A of .-I of 'futitary 1plhoifl�y$ NO, mhko ofither Irlbof difrlv.lty� ma a, whel, evvi[ othlr 4101ANY to pe&'fm lkv IIIV ill Iran"t—l"fion, .' (Ai) okly'l0le" ill 910iod ill 1111A igo,mit'll and "NONVIlime ill lllt� Older I'lloll ho Ow only c.ndk(iow� pmedeni or NohVp;Irjt W hil absololl, diily of tire pail dc'mioriVr aq4,qmijhk4 A;ky 01'1`16,11 amoom hip -I CAlltoraw"In coww't")o with this Orftr' otherribirg foO"kI'j f" el'O'hero 10 IlitioOlei, '11"'T I it tici evoin fhwarh f'r felu"flatioll k'FIII i�� Ol (lor by sfulitit �haij ki'lith, lie, ifible lb" InIIA wl' qkvwull' lit, Ill Fit ty, imule"IB 1, If AfflB,' illAud! ,I is "BhAiti IrAuroijilh 10,11 plorm, dale, orrOl-aw'll, A Al Ciislomor hilmlly pi�tvkf� II.1 ta 'J'A'val'y 8wh 41411 Ott 'Sovilli moli to defolid, hal'i hAvillex, $uffilij r fOlA hoy 01AIM, I'm, lofbijiz JimAad (teAluding hens w IeABI 1m) itirkutt"d by Smilln Will, lempoct to of Ck"itolnum 0xvit'! or rkf�tlxtuul Avlwlhe� Outifil to 19 FifIlpff & Inip(ol Conituls Airyhrmwevildifix 11 fllf4wjclr� ,, .111, ';,r'rvwC ill ille fany owlk tax Of imiloft ol� futioul, evlfli'Al m�w lit kwv� 401 oddod m life Be IVA p6m If SOO) dwriko is fill$ -liM.d at 6�e I'me of Or ullf ImV, f�Impo'. ,,!I I"ilil silikip lumolm ' S (IJANGES AND '11AVIIINA1 JON; (A) Switluk diall 111,V tha light, it) IirflOAC (W.Cr"Birm, it, toollilumv din Order IfCU1101110, (t) Ill "Itilble Ill V41Y 45 d615 gvlvaily ils Old NvIllth (i;) is tile svlkjcv�l'ol If lelml prixest &vlarmit, It wolveril, iiii) coaw�k au IlOtituls ill u%wairtyknii All ill (w) �(Avlalits a -";'kIVBw"IIaI I'mialk ofifil,� Order '.8 Incapi'lovi"a Wy, Ifli elpitol rot oBomd"IA-1 -I Alwiffl- tim r; A"opulll by UltIm, -I,,] 4"y rhoolfel '�Oqslk lin I 0 ineftAw V, kiwkw* ill the voe," of, - it,,, 'life 1, 1, ''Ielf1frim'I ik:i' I'lu'41hol w"A' Ofilla fAiK ffidkw� An I.A.blvadliB low'sl(ijklig be AlAde i. Ill. ru"'.' figli-fy 'WheklBlir" pe lloth, an'l tho Order ShAll If. morlificul lilt "litin iiecllrr�fiirlil��' - Ighl, 'If 0166jgk� Irrikkitim for I, ml-Cepimt gy'Sliohlw, offit0blo rwkwiloori AbBI) bA loadcui Solid% for 'i re"'Popmet(or'll) ekml� u-irml limiar tho ondef 'ild G" miiprfkkkh� ployfit:hA - lkw, q" tinle, And cek�ts 'file Otdo BRall comBlue, moTwl Anift �wh thim, Al Pay IOOAI Is weewtd A willij I v.,peIg in give Sitall" lkdelgutk!�qtj�koj) to jehAiiiii kwilloa AsItIV4440 of Co'q.iue"'� 1"Mily rilki lrkwht to eAM Our 111t, OfIlvt 16 Mr.111,101 AM) XWFAA1311.1 fy� tile PIldt-I I I �f , "100 lot Agoolto argAerent sto mrIndid whiellet vAI It lit wri I 'Agnefl Ly 1�001 Parliem, Bwl Am* Itill"110 it, IIIii r'�'Bbf' Shall Ime4d Welk, ,,Ill orwhi-At hall raltaill ill (fill fori.. kind oft"a I I DISPI ITF IMS0,011ON, ("(WAR14040 LAW, AND FORt 10 plj ffij, Or-tv, 0411 tio ikovoffllftl bv� Iml �m_tfw"I IA �w"<Aflwv willi, tho law", or Ill, N'Bl" .1' (io, Wiolio'll, lh� killb-Iont f'onfl.l of I,,,, plinoplvs, THIS ORDEJt 811ALI, NOTIff, (;OVI'kNFT) BYTI Ut 1990 U X CONVENTION ON CONTRAC I S 1,014 T011 —1— to jg� Otilof OVIa B".1 1. 1 ... kki illi� roovki".."' 'I til 'hich polloIl Pwy al", e."I.Alon"A' WAAI fletioll (. mwkk iU rlk'441 .'$XAi.sA (Ito offlot, I)] IN', mnl the d" 'ol r0m'rV4-' 01v dw JbIlly (10) dBy kh"", �Itllvr Rmy Amy in"Ill'alle, IWIT q�("Ak 1" [Ifit'llk, Bi)� right Or nulwily it mI, I—v jjgpipsi like Other llarty� All, lowal Bown ., poo-14"', 'Vith OB,'jo,"I to lim Ouldi 3ball tic l"I"k,ght And �kmjj ... I ill fliv eofj,t� of gOl StAle ?Flj fi,im. I ,, offhe I'tlOtwI'qta(m of A­kv;k for tile PmInd of imn-Alimool By ex'C"Illonorlhi, O"Iel, ('Ik�fo'k'ket hok'j)y a,�,Vpvo rot itskliriirO, A, Bfill' IB"I'my, JJO� ion'siliviiOn ofilwAil-voll roark,,, NO 4VIO.'. 144, t. Ifiglily oTisirkii 0AI orilfir� Oft1w uAty lit! l'oAk"Jit ily 0100OO"fulvol thro h"' yeft"ariv tile calv."p (WA000If I'm F1.1 klmeA m rikBoOtii fotlh'� Ift tuB, sory ice oriw";0,11 "m of Itriv, sil'ifio of affy �w 41 ' ' " ' 11 , , 9/15/2008 QUOTATiON NO.: 06tJJ9A0003UJ PAGE NO,: I'ag(! (I r if 7 TKANIS: Nut 30 Sy"IthsDetection 'VALID CNTIL- 914/2008 Quotatiou AM: 1H."LIVERY: Sce''I CIIIIN 0� Conditions Summary Pags NVAIMANTY, One year pariN and labor Vernon Fire- Dclparjm�llft �RV TIM '� D D1eTjV,1,, NM EX Works anbury, C'J' 4305',Sauta Ft, Mvoob Vedoritri 1,10; 22-355-2823 Vot*'Aoll�, (A 9,0058 10L'ok Qly Part No, Dmiriptition 0�so 11 ivic 0 Net Price 401 tvd'�h�v'e'l �,i'am hy rlt�ioorvd Of Nflif'odolml f(tttom receipi "xite..w.11. t", poll, met tilldimsoil it) c"moteer m lit'! orCU'loule, for milice's tetlor flo, (D) Soliflu slitill ha'a (Kat right Ili f'ollaO hant Clwonm its lmrsto),AMC O.Nr'01-0, M0001MI AtlortiayV le0q, meww"I ot coft.cmv illi, 0(di:7 rillhu Alld obligollow hereto &ILol 1UPA- 111' 11w 6.0 p.'��aoro under this Older 18 s:014VlnFN1JAIAIY' Ilia Pillm agrue ilial, lit oftb's Oolcr� it may be lievest,tay told desirtibl" Cot 11101" ko"whanp, itiformoata F�uosmapl,,, ,III 1"pdal(% mr4m, joJ )ilia( dil"ry, lo (he Gmal-A-4wipmort shall In ltowitlored Smith'i pforindly lilf-mm" To'twalplkh this oltorulleo)afi(�. iltly May t0whagig taroaroalitir, 14) tile kithiv Vmt,'v sNill hic"lify swil It lhewceMra,�P--uty �Iallt Ism tikele" jr1rarawron rif tile thw1o"ifig llafrF its ol'y N'tiam in, rillph's-, vN'"pt"Ovit ruallotizeJ by Otto digoWelik PA,ty, Ally J`sfty f—iog this Affiele Atill rolimaiii toaA inflim"Itio" lit coorudeuce'll tile mowro�ortwl it poliect,t ic',t mvo oatel"'reill i'dotirittlion and 111,10 mv it villy for Clat jwfammw or thils,044" opq for lao r1hiii Poriqle' climoithar aokoqwhalg�s Aral (%reco 1hafthoUllortaw Doslottow. .01"'01 'J" to tha, atilbotinaart fairl, Ili eilhe, to their "Iffilarvil haroc"Iffin, Nitta M�xrwfklatl ;"to otlw* m4�4011%, 20 NoI'I[el(,A1JQN Cu'Roikwiiowst to nolrN ""llilk immWilraly 'frusionlet is hsted qiao1v rieoioll 11"'otis Lim, ("'libty ljla. (it �peeiflly flest?)vreti Ntib.wl' Lix or if custotov"I tispott privilt'g,41 tire othenviso dallied, suspeadedof i.,olsvd it, lholvo, �o paq lay'r-Y U'.S� (wwroolaw volity or Apat"y 21 To the !it,, Ih- Ordal "MIal w, -.0 ow softwafo, $frtolv�' 11witygrants Ili ("I"moner a title 'vxclumvu� pel'orull gkmrov '40, Tille it, ilia sortmiv Al'all 41111 I'mel tomato mil �olfflvl clist"Ma 010 lht� sofic"ve, all enhanrolivel%, rolAltil ilocuoloulaqjla�' notil derivalm woik aw, aril svill N61ho Itarly shalt alligit tho;()rJor withom lhaptior wml- --t! orthe. alhul N'try, l"I'm wayallig" t� to mly or its jmfeill� gvslcl� ta 3tw1it-'t, 11� 10A,ATION'Sliffl, Nollano in thig Wet Math he aoteirrow It) Ithica, dw Nth" it) the 'daumit'lul'of pa'J"t- i'liol ,,,I Ilie vsvr'�" M,Ml finv'� ao �le to obitgaw "t blad thewho Ili rilly. (whiairwhalwom. ',,I I Aot, haaelinp lit p"w4ttiph fillm are liar Ilia or ferefolso, only ondshalt imi del'inv, linut, (,I evreid 11W W101WOr Illivill of this (P Out or imy lilumaill lbetwr 2$, 111t0ft &Iwo, hic, No ivid of this infln'toitto I imy b j-,p i , ( jtT,,%Y INI10fkMATIQN STATIMPINT This clikofatioll prol.wtily InSmalk" D'4 1 1 D a todmejo -s.1, -fv\:wo*"' 'Jil"l-mom wid is vahki (<,I 90 (11va ftoul �*oa of ime, ImAlms varvilailud 41 lov lorill wjl1hqllI[ tilo Iff4jr wriltall perrommal ol'sontle; Dottactiolt hw' 'fllm quothwo wile, s.)I r ollitorl0w, Ihe ,,.t of itwallwiteiand troulaig, lot lh'� X""y 'Iflialooml (1 (1) K, af I-ol) pul',Jw4oil, k ijwluticd withm S'aiilh.� Daiaot-i tile ', laq A4. provilla tile ulo.1lation i,, sljja,lu�ed 40 dav, f rn th-lal. IN ;I Auppol I lo� 6,14e, ("it, 't"q 1. it'. fio:-Iil�- wh4w the 11youIllown mod tvaoslag MH bawrall"'wd'i'mull ra"roal lal-'ina" la'.. Monday thmighNiday, fliiry the chlaii mvtva, vIlk, vilvilaimm, Oloy mum voolact tile Smith" 110aoijon It," "i-te, Mil-Flow"I at $04'2111�003'i to '�Mrtrltl rtp'elpt Ili"d 1, "illit will hi,sdwdiliact Nit a noduallv upon (jah," DlemA 1W loo4tidar, wit litsitill lbo X-ply alol (160 Kv o, low"), "hid, owl"cle,-, R-Milmn %i?-y P'abbral�oa or Ilia imptillmota tat vll ji� Irate th". dictiN it"j'Offir" o- lh"� elen-op -.1 ffiil-�ary hemaol.. I-o� a'stwival, wirl"vw foaritiso ol"Ibeoquipawitt purcirlsad (A) stnjiia� wioj ft"Istliat by Sumiks, and irtat m mainufaelbmil fiv gmkhs� o) waltorolls, Itl 014111 �pl%tfiiowovi, itail (b) m f1w from dotiacts it, rratcri4l, tnil workaillivihip (und" normat lituip"I"d pilvittO iasmwielm are 1`01")'d ll� 'roollwwolt rw4oritid) 8(irwohlo )VItIfill 1hoappliceblawlimitav 'J.6val wotir A10 War -hall twltbo mt6lafod a da,60( (it) P'., 'Jailpmew that I& za"I S-1111, Sloaths -rly re,'piewilidily i��' it) tositin to its oestcalle, taly 1-iorfi�dilw'& —wity that d-i it'�a itrohit'it 4och am"Aamom, (c ' ) 1--.quiplovill artill Parts that Ant comunlod in nuff"Al opmaltoll w", "o, v."t-I 4%, ties (D) Mile C'usloluct of operator, as tile vage loo'y tito, rhawws a darecl will'i" tile �q'phwbl' -m tY ji(lout 41 oelm W,olvilad Ili Sme'IN �"ervic. lairtic,hawly ut-n illsao%wy, M") withit, a rimumalbl. p-ollk"it,lifivahoo, $milhutball, dwing It,; hoolitil busiam, hour�' islooduy Jj'-ith 1, , '00" (�,Irt(-UMY dl�'f�Nt cowet'A by fbo wattimly will, 11111" Polv 01 ("all 'villuv'sle"'of taum� -Illion elautt'� -him to lll�' Ourlher qtpheaiMo lero)�' and w I'laill to Appotells A 'Ill, t,',v1lnI 'hmlt�"ll of lilis warmnly nitall mrojo) pippliltiblv to diolit prig not repaireal ot ieplaceil Any I-t l(,s.3tosl,)-' "pl-g'j i�a "uvvued to umfol"t Ili Smillts, m"wfourtiom anj t" it, fu- float daf'.&' to lualwig"I" or appooing MIND a porioll aflur ittfslif or "clihwellittot to thewarranly iterlo'i witil'AN appUeabla lit thu a r, Isul, i'l ON Wrlils' f Smidis Deltdion 21 Cmitinte'rer Drive Ditlibilry, CT' 06910 Nimbi (203) 207-9700 Pax 03) �,07,918,0 catil smut,,hs QUOTATION NW, ()0U,f9A00031J,1 PAGE'NO.� Putte 7 00 TERMS: 'Net 30 Smiths Median VALID UNTIL: 9/140008 DE'LIVERY: '4VOTerlm" & cillidi(ion-S sluninal'), Page WARRANTY: One yetir puts and labor Vertion Fire DepatItment Y I I V ERY T PA'81 St EIX Works, Daribor 4305 Santa Fe Avenue Fedend FOH', 2,2-355�2823 Venion, CA 900'5'8 Item Part Np DoefiPtion flime P vice Nv,(Prict 1v corillp(I lowly fornoy ulloa llli�,, wirrafity Mith 'hol (Nm ta all t"noilig Or wry lypo W tharl fl".0 (of wIlsvil lho fivill, whi,�,h SIV411W luruVor vendul'., tia&,tivirk or selial jwmi�vl Itm, klll allo;ed, ("mami, or oblifelate'i wilmut Nrimirs. WMMI 11,10ilkiium ouludm�, ary , altvw, lv I ml, mmirmll, or, Witorod i t1frooly maw 1��y ovemcia or mo,arl, fi,�) 0""'WEllokpillow that has bool) in stomp 0, iolviloWla,04 11", "re Yom or 'llu, aft'r dOrm. (IONNIOns NUKT,"S 4o OTOUR WARRAtNTY, EXPRBS OR MPUPI), AM) SPECIFICALI Y NIAN,VS No WA PRANTY (W 10i'll, ("HAN I'Alill I F), 014 Or FITNFS� FOR A 11AMMILAR PURPOStt ANO'n 113 EXMU�SS WARKANTY St-ITIN MIS AR'rl(:l 1� IS IN UFM OF ANY SUCI I WARRAKIN el, NI I ANY O'll tPR OlslIGATION 09 LWOUTY ON Tl IV', PARTOF $1,1111 IS, (f) Faf pljfjlco�m of lhc� owelwive tromfiv5 sot fluth m IM4 warn,"t", ml th, "WIT'hitirl, w Iblill rul Stelion 13 Tea —rim, C'md.imm orNa(", lato whiol) it r� `Slmljr�, Olaf[ bo dwflloll le" Wd Illo, affilkitc-1, vlljA6v(tr, ag�ms, 'Prow.cnivrn, rdwOAllartoo, and vioplim fir Mi of O),flifli womply is trJA+amfvmbIv 11"d matroliwb1c, (okly to lb, or'llwAl 0wr"llvi -r Oporatol, llt6 Wal'Ar'llysimll firt he d1wed fr v;lfloff oxvfu by w,11irvivursimillow iAg�wcdhy, (L) AW ofIlcint aqiolo o(legal prmwding firr 1--modt fill" W.la"r), 'T"lli " , iflimawcr) wilbill dridy (10) Immlil'i all" aompwrw� f flu SlufMq 11drdiOn 21 rommme Drivv D'a"but-, T y, Nillin (203) 20 -97(10 Fwi, ("zq3,) �07-�Mo www'sWill 0010olonxilm R.9� �3,3. q V�7 Memo To: Eric Fresch, City Administrator From: Mark C. Whitworth, Fire Chief ,' i Date: January 21, 2009 CITYADMIN. DISTRIBUTION Re: HazMat ID Command System - Purchase Order Request In order to complete the typing of our Haz Mat Unit, Office of Emergency Services has requested we purchase this HazMat ID Command System. We, through negotiations, have received additional grant funds totaling $61,000 toward the purchase of this item. We have funds available in our budget for the additional $10,000 needed which the grant does not cover. It is my recommendation to have Council approve the purchase of the HazMat ID Command System. C: Kristen Enomoto, Asst. to the City Administrator Martha Valenzuela, Director of Business Services/Personnel Dolores Jaunzemis, Purchasing Assistant :efresch—HMID command system purchase * Page 1 STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor GOVERNOR'S OFFICE OF EMERGENCY SERVICES 0 E S o Fire and Rescue Branch 3650 Schriever Ave Mather, CA. 95655 CALIFOXNIA or Phone (916) 845-8711 Night -Weekends: (916) 845-8911 RIF ice I IV ED Gamnwivombeef Fax: (916) 845-8396 E-Mail: OES-Yire@oes.ca.gov DEC -9 2008 December 2, 2008 Fire DepartMent COPY David Kimes, Battalion Chief Hazardous Materials Division Vernon Fire Department 4305 South Santa Fe Avenue Vernon, CA, 90058 Dear Chief Kimes: According to our records, a hazardous materials company typing inspection was conducted at your request on July 14 th , 2008 at 4201 South Santa Fe Avenue, Vernon. The results of that inspection revealed that the following items needed farther attention: Training Records — PASS Equipment Inventory — FAIL (specified inventory items missing or incomplete) A letter dated July 15'b, 2008 was sent to Battalion Chief Kimes indicating each inventory item that needed attention, We would like to inquire about the progress of your haz-mat team regarding addressing the above noted issues. We would also like to know your intentions of meeting the criteria for haz-mat team typing status in accordance with FIRESCOPE Standardized Equipment List, and becoming a part of and participating in the OES Fire & Rescue Mutual Aid System for hazardous materials. Effective immediately, we are instituting the adoption of a Target Completion Date of six (6) months from the date of an inspection in order to bring teams into the fold of the statewide Hazardous Materials Team Typing Certification Project and into the Fire and Rescue Mutual Aid System. If the certification of your team cannot be completed after this date, and up to one year of the date of the initial inspection, a new on -site Team Typing Inspection must be requested. Target Completion Date: January, 2009. Re -Inspection Date After: July, 2009. We would like to request that you inform us of your progress of acquiring the missing items as noted, your intention of achieving a certified team typing status, and your intention to participate in the hazardous materials mutual aid system. Communication with our office can be made by mail, fax, or by e-mail. If there is anything we can do to assist you or your agency in attaining a team typing status please let us know. We look forward to hearing from you. Most Respectfully, Jan Dunbar, Assistant Chiefo_"' Special Operations Fire & Rescue Branch 3650 Schriever Ave. Mather, CA, 95655 cc/ Chief Mark Whitwortliv""' Kim Zagaris file (916) 845-8483 (916) 845-8396 jan.dunbar@oes.ca.gov CADocuments and Settings\dunba�\My Docwnents\FirescopeStuff\TeamType-Completion-Vemon-FOLLOWup.doe CITY OF VERNON Purchase Requisition 14 DEPT. FIRE REQUESTED BY: Kimes DATE: 8/15/2008 VENDOR Smiths Detection -Dan 203-207-9700 ADDRESS 21 Commerce Drive, Danbu!y, —PHONE: CT 06810 FAX NO. 203-207-9780 CONTACT Bob Behrens REQUESTED DELIVERY DATE 10/1/08 DELIVER TO: Fire ACCT.NO. 1033 ITEMS BUDGETED LJYES L-JNO_j ea HazMatlD Command System ? $65,625.00 SubTotal: $65,625.00 Tax: $5,414.06 Shipping: Total: $71,039.06 JUSTIFICATION / NOTES: This is a HazMat Spectrometer that is required for California OES Typing. PREPARED Page I of 1 Juarez, Debbie From: Nickens, Debby Sent: Tuesday, February 24, 2009 3:55 PM To: Juarez, Debbie Subject: Smiths Detection Judy said no further paperwork is required concerning the GSA purchase. Thankyoufor all ofyour help and information. - WO Debby Nickens Sr. Admin. Asstlftrchasing (323) 583-8811, ext 203 dnickensgci. vernon. ca. us 2/24/2009