Loading...
HomeMy WebLinkAboutResolution #5429RESOLUTION NO. 5429 A RESOLUTION APPROVING A PLANNED EQUIPMENT MAINTENANCE AGREEMENT WITH CUMMINS INC. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Planned Equipment Maintenance Agreement ("Agreement"), by and between the City of Canton and Cummins Inc., substantially in form attached hereto as "Exhibit A," is hereby APPROVED. 2. That the Mayor, or his designee, is hereby authorized and directed to execute the Agreement by and between the City of Canton and Cummins Inc., substantially in form attached hereto as "Exhibit A," upon finalizing its remaining terms and conditions with Cummins Inc. 3. That the City Attorney shall assist in preparing/revising said Agreement to be approved by the Mayor prior to execution; 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16th day of May, 2023, upon a roll call vote as follows: AYES: Alderpersons Nelson Lovell Hale Gossett Ketcham Lingenfelter NAYS: Alderperson Grimm ABSENT: Alderperson Chamberlin ATTEST: drea J. Smith -Walters, City Clerk Vd Sales and WEService 3/8/2023 CANTON FIRE 101 E SPRUCE ST CANTON, IL 61520 RE: Planned Maintenance Proposal Dear Scott Roos, Cummins Sales and Service is a premier engine and power generation systems provider committed to delivering fast and proven solutions to our customers. We are pleased to offer you a Planned Maintenance Proposal for your review and approval. Due to the critical nature of your standby power system, this Agreement was developed based on your specific needs and equipment to ensure maximum performance and reliability Benefits of Planned Maintenance • Improves system reliability. • Maintenance performed by certified technicians specifically trained in power generation. • PM customers receive preferred service for unscheduled emergency repairs. • Creation of a service record for customer equipment. • Additional maintenance recommendations documented at that time. • Scheduling managed by Cummins Sales and Service to ensure timely maintenance intervals. • Eliminates administrative burden, covers equipment from multiple vendors. Please sign, date and return the enclosed Agreement to our office along with any purchase documentation necessary so we can tend to your servicing needs. Planned Maintenance Agreements are "auto -renewed" annually prior to the end of your agreement. Should you have any questions or require additional information on this or any other subject relating to your equipment, please feel free to contact me. We look forward to the opportunity to earn your trust and business. Sincerely, Erin Zehr Planned Maintenance Sales Rep Office: (800) 759-4355 Cell: (314) 695-3670 Email: erin.zehr@cummins.com �. I `eCuW�; �s Sales and Service WE— PLANNED EQUIPMENT MAINTENANCE AGREEMENT Customer Address CANTON FIRE 101 E SPRUCE ST CANTON, IL 61520 Customer #: 518692 Payment Type: Pay As You Go Unit Name: Fire Dept Make: Cummins Model: C50D6 S/N: E210931451 Size: 50kW ATS Qty: 1 Notes: tom Name: Scott Roos Phone: 309-224-4411 Cell: Fax: E-mail: sroos@cantoncityhall.org Cummins Inc. 450 W Northtown Road Normal, IL 61761 Phone: (309) 452-4454 Fax: ""Mote Information Quote Date: 3/8/2023 Quote Expires: 5/7/2023 Quote ID: QT -11264 Quoted By: Erin Zehr Quote Term: 3 Year Year Month of Service Tvpe Qty Sell Price Extended Price 1 st Service 1 March Full Service 1 $541.87 $541.87 Year 1 Total:$541.87 2 March Full Service 1 $556.10 $556.10 Year 2 Total: $556.10 3 March Full Service 1 $570.76 $570.76 Year 3 Total:$570.76 Total Agreement Amount:` $1,668.73 "Quote does not include applicable taxes Sales and Service PLANNED EQUIPMENT MAINTENANCE AGREEMENT Cummins Inc. 450 W Northtown Road Normal, IL 61761 Phone: (309) 452-4454 Customer Address Customer Contact Quote Information CANTON FIRE Name: Scott Roos Quote Date: 3/8/2023 101 E SPRUCE ST Phone: 309-224-4411 Quote Expires. 5/7/2023 CANTON, IL 61520 Cell: Quote ID QT -11264 Customer #: 518692 Fax: Quoted By: Erin Zehr Payment Type: Pay As You Go E-mail: sroos@cantoncityhall.org Quote Term: 3 Year Total Agreement Amount:* $1,668.73 *Quote does not include applicable taxes Total Agreement Amount Does Not Include Applicable Taxes. Please Email cpspm@cummins.com for invoice total prior to sending payment. Planned Equipment Maintenance Agreements are designed with an automatic renewal provision. Details of this provision are listed in the ''Planned Equipment Maintenance Agreement Terms and Conditions". If you do not wish to participate in the auto renew option, please check the box below to opt out. ❑ Opt out of Automatic Renewal. Please return signed agreement to: Cummins Inc Attn: Planned Maintenance Department 21810 Clessie Court New Hudson, MI 48165 Email: cpspm@cummins.com Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to buy from Seller, the foregoing products/services upon the terms and conditions set forth in the "Planned Equipment Maintenance Agreement Terms and Conditions" attached hereto, which are hereby incorporated herein by reference Customer Approval (Quote ID QT -11264) Cummins Inc. Approval Signature. Signature: Date: Date: PLANNED MAINTENANCE AGREEMENT TERMS AND CONDITIONS These Planned Maintenance Agreement Terms and Conditions, together with the Quote on the front side and the Scope of Services, are hereinafter referred to as this "Agreement" and shall constitute the entire agreement between the customer identified in the Quote ("Customer") and Cummins Inc. ("Cummins") and supersede any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins' receipt of Customer's purchase order or purchase order number; (ii) Customer's signing or acknowledgment of this Agreement; (iii) Cummins' release of Products to production pursuant to Customer's oral or written instruction or direction; (iv) Customer's payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of or serves to explain or interpret this Agreement. Electronic transactions between Customer and Cummins will be solely governed by this Agreement, and any terms and conditions on Customer's website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, any terms and conditions related thereto: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall perform the maintenance ("Services") on the equipment identified in the Quote ("Equipment') in accordance with the schedule specified in the Quote. The Services include those services defined in the "Service Event" section of the Quote. No additional services or materials are included in this Agreement unless agreed upon by the parties in writing. Unless otherwise indicated in the Quote, Cummins will provide the labor and tools necessary to perform the Services and shall keep Customer's property free from accumulation of waste materials caused by Cummins' operations. Either party may terminate this Agreement with or without cause by providing thirty (30) days written notice to the other. 2. CUSTOMER OBLIGATIONS. Customer shall provide Cummins safe access to Customers site and arrange for all related services and utilities necessaryfor Cummins to perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to facility occupants, customers, invitees, or any third party and or property damage or work interruption arising out of the Services. Customer shall make all necessary arrangement to address and mitigate the consequences of any electrical service interruption which might occur during the Services. CUSTOMER IS RESPONSIBLE FOR OPERATING AND MAINTAINING THE EQUIPMENT IN ACCORDANCE WITH THE OWNER'S MANUAL FOR THE EQUIPMENT. 3. PAYMENT TERMS. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins' costs and expenses (including all reasonable attorneys' fees) related to Cummins' enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. Unless otherwise stated, the Quote excludes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer and shall be stated on the invoice. A DELAYS. Any performance dates indicated in this Agreement are estimated and not guaranteed. Cummins shall not be liable for any delays in performance however occasioned, including any that result directly or indirectly from acts of Customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, Flood, unusual weather conditions, acts of government authority, or labor disputes. AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB -SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLYFROM OUR SUB -SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. S. WARRANTY. Cummins shall perform the Services in a reasonable and workmanlike manner. Parts and components supplied under this Agreement are governed by the express written manufacturer's limited warranty. No other warranty for parts or components is provided under this Agreement. All Services shall be free from defects in workmanship for a period of ninety (90) days after completion of Services. In the event of a warrantable defect in workmanship of Services supplied under this Agreement ("Warrantable Defect"), Cummins' obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of any Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New parts supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such parts. The remedies set forth in this Section 5 shall not be deemed to have failed of their essential purpose 6. LIMITATIONS OF WARRANTIES AND LIABILITY. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS' LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 7. INDEMNITY. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Services supplied under this Agreement (collectively, the ("Claims"), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, faultor negligence of the Customer. Customer shall present any Claims covered bythis indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer's expense. 8. CONFIDENTIALITY. To the extent permitted by law, including but not limited to the Illinois Freedom of Information Act (5 ILLS 140/1 et seq.) a nd the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving parry to be proprietary or confidential, whether disclosed in oral, written, visual, electronic or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. Notwithstanding the foregoing, in the event a Party is served with a judicial or administrative order (which shall include any subpoena issued by a court or an administrative agency) or receives a request pursuant to the Freedom of Information Act (5 ILCS 140/1 et seq.), that receiving parry ("Receiving Party") shall promptly provide the party that disclosed such information ("Disclosing Party") with a copy of said order or request, however, nothing herein shall be deemed to bar either Party from providing the information requested by such order or request within the time provided in the order or by applicable law, unless an order is issued by a court or an administrative agency which quashes the order or request to produce the requested information. Additionally, neither Party shall be required to hold confidential any information that (i) becomes publicly available other than through the Receiving Party, (ii) is required to be disclosed to a Governmental Authority under applicable law or pursuant to a validly issued subpoena (but the Receiving Party subject to any such requirement shall promptly notify the Disclosing Party of such requirement to the extent permitted by applicable law), (iii) is independently developed by the Receiving Parry; (iv) becomes available to the Receiving Parry without restriction from a third party under no obligation of confidentiality; (v) is discussed, disclosed, or voted upon during an open meeting of the Customer; or is (vi) required to be kept, recorded or published by the Customer in regards to any official city records (e.g. ordinances or resolutions). If disclosure of information is required by a Governmental Authority, the Receiving Party shall, to the extent permitted by applicable law, notify the Disclosing Party of such required disclosure promptly upon becoming aware of such required disclosure and shall cooperate with the Disclosing Party in efforts to limit the disclosure to the maximum extent permitted by law. 9. GOVERNING LAW. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choi ce or conflict of law provision. The parties agree that the courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 10. INSURANCE. Upon Customer's request, Cummins will provide to Customera Certificate of Insurance evidencing Cummins'relevant insurance coverage. 11. ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 13. MISCELLANEOUS. Cummins shall be an independent contractor with respect to the Services performed under this Agreement. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. 14. ON-CALL SERVICES. Upon Customer's request, Cummins shall provide on-call services (repair, emergency work or other) on the Equipment ("On-call Services"). Any On-call Services shall be invoiced to the Customer at the Cummins current hour rate (including traveling) and shall be governed by the terms and conditions of this Agreement. 15. PRICING. To the extent allowed by law, actual prices may vary from the price at the time of order placement, as the same will be based on prices prevailing on the date of shipment. Subject to local laws, Cummins reserves the right to adjust pricing on goods and services due to input and labor cost changes and other unforeseen circumstances beyond Cummins' control. 16. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 08.25.2022 Generator Planned Equipment Maintenance INSPECTION INTERVALS AVAILABLE: WEEKLY, MONTHLY, QUARTERLY, SEMI-ANNUALLY OR ANNUALLY BATTERIES AND BATTERY CHARGER • Visually inspect battery terminal connections • Verify electrolyte level, vent caps of all cells in the starting battery system • Visually inspect wiring, connections and insulation • Record battery charging functions • Record battery information • Record battery condition test FUEL SYSTEM • Visually inspect ignition system (Natural Gas and Propane Only) • Record primary tank fuel level • Inspect engine fuel system for leaks • Visually inspect all engine fuel hoses, clamps, pipes, components and fittings • Visually inspect rupture/ containment basin • Inspect day tank and controls (if applicable) • Optional - fuel sample for laboratory analysis' COOLING SYSTEM • Record coolant level • Visually inspect for coolant leaks • Visually inspect drive belts condition • Verify for proper coolant heater operation • Record jacket water temperature • Visually inspect fan, water pump, drives and pulleys • Visually inspect all coolant hoses, clamps and connections • Visually inspect radiator condition • Visually inspect louver for damage • Visually inspect fan hub and drive pulley for mechanical damage • Record freeze point of antifreeze protection • Record DCA level prior to changing coolant filter • Optional - Coolant sample for laboratory analysis' LUBRICATION SYSTEM • Visually inspect engine oil leaks • Visually inspect engine oil lines and connections • Record oil level • Optional - Oil sample for laboratory analysis` FULL SERVICE INCLUDES INSPECTION GENSET CONTROLS AND ACCESSORIES • Visually inspect all engine mounted wiring, senders and devices • Visually inspect all control mounted components and wiring • Verify all connecting plugs are tightened and in a good condition • Visually inspect all accessory components and wiring • Visually inspect and test lighting indicators INTAKE AND EXHAUST SYSTEMS • Visually inspect air filter and housing • Visually inspect all engine piping and connections • Record air cleaner restriction • Visually inspect engine exhaust system for leaks • Visually inspect rain cap • Optional — Air filter replacement' • Optional - Clean crankcase breather or replace filters` GENERAL CONDITIONS • Visually inspect governor linkage and oil level • Visually inspect guards • Visually inspect enclosure • Visually inspect engine and generator mounts • Verify emergency stop operation TRANSFER SWITCH • Visually inspect controls and time delay settings • Verify function of exercise clock and record settings from controller • Verify remote start control operation • Record utility / source one voltage AFTERTREATMENT (Upon request) • Verify DEF level • Record DPF restriction • Visually inspect aftertreatment and controls SWITCHGEAR (Upon Request) • Inspection and Full Service quote available upon request OPERATIONAL & FUNCTIONAL REVIEW OF GENERATOR CRITICAL COMPONENTS • Inspect engine cooling fan & fan drives for excessive wear or shaft wobble • Check all pulleys, belt tensioners, slack adjusters & idler pulleys for travel, wear & overall condition • Inspect / lubricate drive bearings, gear or belt drives, and other shaft connecting hardware LUBRICATION OIL & FILTRATION SERVICE • Change engine oil • Change oil, fuel and water filters • Post lube services operations of genset (unloaded) at rated temperature Additional Charge Any additional repairs parts, or service which are required will be brought to the attention of the owner. Repairs will only be made after proper authorization from the owner is given to Cummins. Any additional repairs, maintenance or service performed by Cummins or a Planned Equipment Maintenance Agreement holder will be at current Cummins labor rates. Arc flash boundary and available incident energy shall be identified and marked on equipment being serviced or maintained. RESOLUTION NO. 5429 A RESOLUTION APPROVING A PLANNED EQUIPMENT MAINTENANCE AGREEMENT WITH CUMMINS INC. I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Planned Equipment Maintenance Agreement ("Agreement"), by and between the City of Canton and Cummins Inc., substantially in form attached hereto as "Exhibit A," is hereby APPROVED. 2. That the Mayor, or his designee, is hereby authorized and directed to execute the Agreement by and between the City of Canton and Cummins Inc., substantially in form attached hereto as "Exhibit A," upon finalizing its remaining terms and conditions with Cummins Inc. 3. That the City Attorney shall assist in preparing/revising said Agreement to be approved by the Mayor prior to execution; 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 16th day of May, 2023, upon a roll call vote as,follows: AYES: Alderpersons Nelson, Lovell, Hale, Gossett, Ketcham, Lingenfelter I NAYS: Alderperson Grimm ABSENT: Alderperson Chamberlin AP O ED: ent McDowell, ay ATTEST: i drea J. Smith -Walters, City Clerk EXHIBIT A enera or :Plan edC quipr�enI M int nen e N .:FECTIOW :. INTERVALS AVAILABLE: 1NEEKL1f,:MONTHLY, QUART' ERLY,.'SEMI-ANNUALLY`OR ANNUALLY BATTERIES`AND:BATTERY CHARGER , GENSET.CONTROLS AND ACCESaOR1ES •: Visually; Inspect batteryterminal connections . Visually inspect all engine, mounted wiring, senders: and e:. Verify electrolyte level, vent caps ol"All cells In the:starfing battery_ -devices system . Visually inspect all control.:mounted :•. • Visually inspect wiring, connections and insulation : components :and wiring •: , Record battery charging functions :: . .Verify all connecting plugs`are tightened and in • Record'batteryinformation a good condition;: • Record battery. condition test:: ; Visually inspect all ;accessory components and wiring • Visually inspect.and test lighting,indicolors FUELSYSTEM • Visually Inspect ignition system'(Natural Gas and Propane Only) INTAKE AND EXHAUST-SYSTEMS'.: •: Record primary tank fuel level Visually Ins air filter and housing InspectAngine fuel system for leaks .: Visually inspect all engirie; piping and connections •i - Visually Inspect all engine fuel hoses; clamps, pipes, components .. ..Record air cleaner restriction and:flttings • ' Visually Inspect rupture/containment basin Visually Inspect engine exhaust system for leaks • Inspect day tank and controls:(if applicable) : -. Visually Inspecf rain cap:: Optional — Air filterre lacemenV . • Optional -fuel sample for laboratory analysis` Optional = Clean crankcase breather•. or replace filters" COOLING SYSTEM' GENERAL CONDITIONS.� ' • Record coolantaevel: • Visually Inspect governor linkage and oil level @;_Visually inspect for coolant. looks .,Visually Inspect guards: - .. Visually inspect drive belts.condition : Visually Inspect enclosure ' Verify for proper coolant heater operation :.:,Visually inspect-engine and-generator mounts Record Jacket water temperature • ': - .; Verify emergency stop operation • .--VisuallyIns act fan water um ,drives andpulleys: ... P .. � P.. P. : . . { Visually inspect. all coolant hoses, clamps' and . TRA NSFER:SHVITdk connections . � Visually.Inspect controls and time delay settings • Visually'inspect radiator, condition Verify function of exercise clock and record settings from • Visually inspect louver for damage controller • Visually. inspect fan'hub and drive.pulley forrmechanical • Verify'reinote start control operation -damage - .. Record utitity.l source one voltage Record freeze point of antifreeze protection • Record DCA level prior to changing coolant filter AFTERTREATMENT (Upon,reque'st)'' i!.. Optional = Coolontsample for laboratoryanalysis" _ : Verify DEF leJel LUBRICATION"SY,STEM Recons DPF restriction Visually inspect aftertreatment:and:controls ' Visually inspect engine oil leaks : • Visually inspect engine oil lines'and connections SWITCHGEAR (Upon Request), • Record oil level:: .. C . Inspection and Fulftervice quote available uponrequest. ..: . Optional - Oil sample, for laboratory. analysis" FULLSERViCE : _ = INCLUDES INSPECTION: OPERATIONAL B. FUNCTIONAL,REVIEW OF GENERATOR CRITICAL'COMPONENTS • Inspect.engine cooling fan&. fan drives for excessive wear. or shaft wobble Check all pulleys,beltaensioners, slack adjusters & idler pulleys for Vavel, wear &overall, condition'' .. • Inspect !lubricate; drive bearings, gear or belt drives, and other shaft connecting:hardware LU8F21CATION'.OIL-& FILTRATION SERVICE ::. Change: engine oil` .:. , Change oily fuel. and water filters A: Post lube services operations of genset (unloaded) at rated temperature - - Additional Charge Any additional repairs, parts; or service which are required will be: brought to the-attention of the owner. Repairs.wili only' be made after..proper authorization from the owner:is given to Crimmins. Any "additloiral repairs ;:maintenonce *or service performed by Cummins or a_PJenned'EgWpment Maintenance Agreement holder will be at current Cummins labor rates. Arc flash boundary and available incident energy shall be identifled and marked on:equipment;befng serviced or maintained.- Agreementahat is Invalid or unenforceable shall not affect the validity or enforceability of the remalpingaarms hereof. 14, ON-CALL SERVICES. Upon Customer's request, Cummins shall provide on-call services (repair, emergency work or other) on the: Equipment ("on call Services"). Any -On-call Services shall'be Imrolced to the Customer at the Cummins current hour rate (Including traveling) and shall be governed bythe terms and conditions of this Agreement is. PRICING. To the extent allowed by law, actual prices may vary. from the price at the time of order placement, as the Same will be based on prices prevailing on the date of shipment Subject to locai laws, Cummins reservesthe right to adjust pricing on goods and services due.ta input and labor cost changes and otherunforeseen circumstances beyond Cummins' control. 16. To; the extant applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR 5f 60-L4(a); 60.3o0.S(a) and 60-74L5(a): These regulations prohiblt dlscdminatlon against quallfled Individuals based an:theirstatus as protected veterans or Individuals with disabilities and prohibit discrimination against all indhdduals based onthelrrace, color, reiiglom sex, sexual orientation, gender Identity or national origin. Moreover, these regulations requirethai covered prime contractors and subcontractors take affirmative aetlon to employ and advance In employment Individuals without regard torace, color, religion, sex, sexual orientation, genderldentlty, national origin, protected: veteran status or disability. The employee notice requirements sat forth In 29 CFR Part 471,Appendix Ata Subpart A, are hereby incorporated by reference Into this contract. :PLANNED MAINTENANCE AGREEMENTTERMSANO CONDITIONS These Planned Maintenance Agreement Terms and Conditions, together with the, Quote an the front and the Scope of Services, are hereinafter referred to as this "Agreemene and shall constitute the: entire agreement between the customer identified in the Quote ("Customer") and Cummins inc. ("Cummins") and supersede any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of.this Agreement. Customer shall be deemed to have: made en unqualified acceptarce.of these Terms and Conditions and it shall become a binding agreement between the partles on the earliest of the following to occur. (1) Cummins' receipt of Customer's purchase orderor purchase order number, (11) Customer's signing or acknowledgment of. this Agreement; (fil).Cummins' release of Products to production pursuant-tq Customer's oral orwritten Instruction or dliection;.(iv) Custorner's payment of any amounts due: to'Cummins; or (v) any other event constituting acceptance -under applicable low. No prior inconsistent course of dealing, course of performance; or usage of trade, if.any, constitutes a waiver of or serves to explain or Interpret this Agreement Electronic transactions between Customer. and Cummins will be solely governed by this Agreement, and any terms:and conditions on Customer's website or other Internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, Incorporates by.reference, or.produces any purchase order or document, any terms and conditions related thereto: (1),shall be null and void and of no legal effect on Cummins; and (II) this Agreement shall remalit.tve governing terms of the trar&ction, 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall perform the'maintenance I"Servlcesl on the equipment identifled in the.Quote ("Equipment") In accordance with the schedule specified in the Quote. The Services Include those services defined in the "Service. Event' section of the Quote. No additional services or materials are1ricluded In this Agreement unless: agreed upon by the parties In wrIting.•Untess otherwise Indicated in the Quote, Cummins Y411 provide the labor and tools necessary to perform the Services and shall keep Customer's property free_ from accumulation of haste material's caused by Cummins'operations. Either party may terminate this Agreement with ar without cause by providing thlrty ;30)'days written notice to the other.. Z. CUSTOMER OBLIGATIONS. Customer shall provide Cummins safe access to Customeesslte and arrange far all related' services and utilities necessary for Cummins to perform the services: During the performance ofthe Services, Customershall fully and completely secure all or any part of any facllity where the Equipment is located to remove and mitigate any and all safety issues and risks, Including but not limited to facility occupants, customers; Invitees, or any third party and or property damage or work Interruption arising out -of the Services. 'Customer shall inake'all necessary arrangamontto oddress and mitigate the consequences ofany'electrical service interruption Which might occur during the Services: CUSTOMER IS RESPONSIBLE FOR OPERATING AND MAINTAINING THE EQUIPMENT IN ACCORDANCE WITH THE OWNER'S MANUAL FOR THE EQUIPMENT. 3. PAYMENT TERMS. Unless otherwise -agreed to by the'parties In writing and subject to credltapproval by Cummins, payments are due thirty (30) cays from the date of the Invoice, If Customer does not have approvedvedlt with Cummins, as solely determined by Cummins, payments are:due In advance or at the time of supply of the'Services. If payment Is not received when due, In addltlan to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) Interest annually on late payments, or tho maximum amount allowed by taw, Customer agreesita pay all Cummins' costs and expenses (including all reasonable attomays'.ieei) related to -Cummins' enforcement and collection of unpa-d invoices, or any other enforcement of this Agreement by Cummins. Unless otherwise stated, the Quote excludes all applicable local, state, or federal sales and/or use or similar taxes which Cummins Is required by applicable laws to collect from Customer and shall be stated on the invoice. 4. DELAYS. Any performance dates Indicated In:this'Agreement are estimated and hof guaranteed.'Cummins shall not be liable for any delays in performance however occasioned, Including any that result directly or indirectly from acts of customer or causes beyond Cummins' control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather canditions, acts of government authority, or labor disputes, AS A RESULTOF THE OUTBREAK OF THEDLSEASE COVID-19ARISiNG FROM THE NOVEL CORONAVIRDS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM, CUMMINS AND ITS ;SUB -SUPPLIERS OR SUBCONTRACTORS MAY OCCUR AMONG OTHER FACTORS, CUMMINS' DELIVERY OBLiGA770NS ARE SUBJECT TO CORRECT AND PUNCTUAL - SUPPLYfROM OUR 5UB-SUPPUERS ORSUBCONTRACTORS, AND CUMMINS RESERVES TNERIGHT TO MAKE PARTIAL DELIVERIES OR MODiFYITS LABOUR OR SERVICE, .WHILE CUMMINSSHAU MAKE - EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION 08LIGATIONSSETFORTH HEREIN, SUCH OATESARESJBJECr TO CHANGE S. WARRANTY. Cummins shall perforin the Services in a reasonable and workmanlike manner. Parts and: components supplied under this :Agreement are governed by the express written manufacturer's limited warranty. No other warranty for parts or components Is provided underthls Agreement. All Services sha II'be free from defects in workmanship fora period of:nlnety (90) :.days after completion of Services,:In.the event of a warrantable defectIn workmanship of Services supplied. under this Agreement ("Warrantable Defeo ), Cummins' obligation shall be solely limited to correcting the Warrantable Defect Cummins shall correct the:Warrantable Defect where (1) such Warrantable Defect becomes apparent to Customer during the warranty period; (II) Cummins receives wrltUmnoUce of any Warrantable Defect within thirty (30) days following discovery by Customer, and Jill) Cummins has determined .that there Is a Warrantable Defect.: Warrantatilo: Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services.; New parts supplled'dudng the •amedy of Warrantable Defects are warranted .for the balance of -the warranty period still avallable from the original Warranty of such parts. The remedies set forth in th is Section 5 shall not be deemed to have failed of their essential purpose so long;as Cummins is willing to correct defective Services orrefund the purchase price therefor. 6. LIMITATIONS OP WARRANTIES AND LIABILITY: THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT -ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT ASSET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BYLAW, CUMMINS EXPRESSLY -DISCLAIMS ALL OTHER REPRESENTATIONS; WARRANTIES; ENDORSEMENTS; AND CONDITIONS OF ANY I(IND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY: NOTWfFHSTANDING ANY OTHER TERM -OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS,: ITS OFFICERS,: DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY [IND (INCWDINe WITHOUT UMiTATION DOWNTIME; LOSS OF PROFIT OR REVENUE; LOSS OF DATA; LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED: BY DELAYS) IN: ANYWAY RELATED TO OR ARISING FROM CUMMINS' SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT, IN NO EVENT SHALL CUMMINS' UABiLITYTO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER`THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPUED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF:THIS AGREEMENT, CU STOMER-ACKNOWLEDGES CUSTOMER'S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 7. INDEMNITY. Customer shall Indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable atrorneys' fees; brought against or Incurred byCu'mmins related to or arising out of thlsAgreament or the Services supplied under this Agreement (collectively, the t -claims -)i where sucn ctalms were causea or contributed to by, In whole or in part, the acts, omissions, fault or negligence of the customer: customer shall present any Calms covered by this indemnity to Its insurance carrier unless Cummins. directsihat the:defense will be handled by Cummins' legal counsel at Customer's. expense. B, CONFIDENTIALITY, To the extent permitted by law, Including but not limited to the Illinois Freedom of Information Act (S ILLS 14D/1 et seq.) a nd the Illinois Open Meetings Act (5 ILLS 120/1 at seq.), each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, _would reasonably be understood by the receiving Party to be proprietary or confidential; whether disclosed in oral, written, visual, electronic or other form, and which the receiving party (or agents) learns In connection with this Agreement Including, but not.11mited to. (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and Fee structures;. (c► b,Islness:processes, methods and models; (d) employee and supplier Information; '(e) speciflcatlons;"and (f) the:terms:and conditions of this Agreement. Each partyshall take necessary steps to ensure compliance With this provision by Its employees and agents., Notwithstanding the foregoing, In the event a Party Is served with a judicial or administrative. order (which shall Include any subpoena issued by court or an admin Istrative agency)'or receives a - request pursuant to the Freedom of Information Act (5 ILCi 140/1 et seq.); that receiving party ("Receivims Partyl shall promptly provide'the parry that disclosed such Information ("Disclosing Party"j with a copy of said order or request, however, nothing herein shall be deemed 'to Liar either Party. from providing the information requested by such.crder or request within the time provided in the order or by appllcable:law, unless an order:ls issued by a court or an administrative agency which quashes the order or request to produce the requested Information. Additionally, neither Party shall be required to hold confidential any Information that (1) becomes publicly available other than through the Receiving Party; (11) is required to'be:dlsclosed to'a Governmental Authority under apRilwble law or pursuant to a validly Issued subpoena (but the.Receiving Party subject to any such requirement shall promptly notify the Disclosing Party of such requirement to the extent permitted by applicable.law), (111) is Independently developed by the Receiving Party; pv) becomes available to the Receiving Partywlthout restriction from a third: party under no obligation of confldentlahty; (v) Is discussed, disclosed, or voted upon during an open meeting of the Customer, or is (vQ required to be kept' recorded or published by the Customer In .regardsito anyof Tial city records (e.g. ordinances or resolutions).. If disclosure of Information Is:requfred by a G.ovemmental Autr.hority, the Recelving' Parry shafl,'to the extant permitted by applicable:taw,'. notify the Disclosing Party of such required disclosure promptly.upon becoming aware, of such required.disclosure and shall cooperate with the DBcloslag:ParW In efforts to limit the disclosure to the maximum extent permitted by law. B. GOVERNING LAW. This Agreement and all matters arising hereunder shall be governed by and construed.ln accordence.with.the laws of the.State of Indiana without giving effect to any choke or conflict of law provision. The parties agree that the courts ofthe State of Indiana shall.have exclusivejurisdictlon to settle any dispute or claim arising in connection with this Agreement. 10. INSURANCE. Upon Customer's request Cummins will provide to Customer& Certincateof Insurance evidencing Cummins' relevantlnsurance coverage. 11; ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreementwithout tire prior written consent of Cummins. itc INTELLECTUAL PROPERTY, Any intellectual property rights created by either party, whether independently or jointly, in the.course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto,.shall be Cummins' property. Customer agrees to assign, and does hereby assign, all right, title, and lnterestto such intellectual property to Cummins. Any Cummins.pre-exIsUng intellectual property shall remain Cummins' property. Nothing in this Agreement shall be deemed to have given Custom era license or any other rights'to use any of the Intellectual property rights of Cummins. Ia. MISCELLANEOUS. Cummins shell be an Independent contractor with respect to the Services performed under this Agreement: All notices urder this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mall, or sent by:a nationally recognized express courier service to the addresses set forth in the Quote. No amendment of this Agreement shall bevalid unless itis writing and signed by the parties hereto. Failure of either party to require performance bythe other party of any provision hereof shall In.no way affectthe right to Tequlre such performance at any time thereafter; nor shall the waiver by a party of a :breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provislon of this Sates -and Cummins.lnc. Service450 W Northtown Road Normal, IL 617-61 Phone:: (309) 452=4454 PLANNED EQUIPMENT MAINTENANCE AGREEMENT so�mer`cdi$ess� store Cor ct Cuo a mei ; CANTON FIRE Name:. :Scott Roos Quote::Date: 3/8/2023 101 E SPRUCE ST Phone: 309-224-449.1 Quote Expires: 7/7/2023 CANTON, IL 61520: Cell:' Quote ID: QT -11264 -Cust'omer. #: 518692 Fax: Quoted By:.. Erin Zehr Payment Type: Pay As You Go . E=niail: sroos@cantoncityhall.org . Quote Term:: :.3 Year.: :. Total Agreement Amount;* 41A68.73. *Quote does not include applicable taxes Total Agreement Amount Does -Not Include Appiicalile Taxes Please:Email cpspm@cummins.com for;invoice total,priorto sending payment. Planned Equipment Maintenance Agreements are designed with -an automatic renewal provision: Details -of this provision are'listed in the.'Planned -Equipment. Maintenance Agreement Terms and Conditions". If you do not wish to: participate in the auto renew option, please check the.box, below toopt out. Opt out of Automatic Reneviwal. Please return. signed agreement to: Cummins Inc: Attn: Planned Maintenance Department '21810 Clessie Court: New Hudson, MI 48165 Email: 'cpspm@cuinmins.corrt . Seller '.hereby agrees .to.sell to Buyer, and Buyer.hereby agrees,to buy from Seiler, the foregoing. products/services upon the terms and. conditions: set forth in die "Planned Equipment Main tonance.Agreemant Terns and Conditions" attached hereto, which are hereby incorporated herein by reference. ... a es:and : Cummins-Inc. ..: ' Service :450 W Northtown Road Normal, IL 61761 =Phone(309) 4524454 aX:. ... C:. F .. j ..PLANNED EQUIPMENT MAINTENANCE AGREEMENT CANTON FIRE :. :: Name: Scott. Roos ' : Quote Date:':. = : 3/8/2023: 101 E SPRUCE ST: - : Phone: 309-224-4411. ­ � Quote Expires: -:,7/7/2023-:. 7/7/2023- dANTON',_ IL CANTON;.IL 61520. Cell:, .: - Quote ID: :. :.QT-11264_.: . =.. Customer #::518692 Fax:: .. :. Quoted By: Erin:Zehr Payment Type: Pay As You: Go :'E-mail' :sroos@caritoncityhall.org Quote Term: 3Year ..Site Name:CANTON FIRE A101 E SPRUCE ST CANTONd. :. Unit Nar,sftt�Q�:.� me: Fire-Dept 1+Y,c c ew, 9' "V'%' 7 P r..lUloih{ofd°. .: r Yearn :(r, • f{M32 ,7z�� :Se`riceipe�t�Citti►�sS,eliPc'e�rEte a .r Make: Cummins #� fL, „fj ; s>,,Yu,,� t K i" +. ,f ;Y; ytr1:St;$eFViCef r:, Tort ,, s � iJ z �t !� r�i"��,rY, � 2?-We 8%»��'�s Model:: ':-050D6: :: 1: Sept Full Serylce 1.:.. :..$541.87.. -.-.:$541.87.-.v SIN: E210931451 Year 1 Total:$541.87 .. Size. .50kW .:...: 2 Sept.. '.: :.Full Service 1 : : $556.10: $556.10:: . ATS Qty: 1: _ Year 2-Total:$556.10 .. . Notes: 3 Sept FullSenrice 1 $570;76 $570.76 :. Year 3-1'6tal:$570.76 Total Agreement Amount:* -':$1,668.73 = .:.. :: .: *...Quote does not Include applicable taxes - - - - : qs 4. w. qs wr i F: ::Sales.and. Service 3/812023 :.... CANTON FIRE 101 E :SPRUCE ST: CANTQN, IL 61520 RE Planned- Maintenance: Proposal Dear Scott Roos, is -Cummins Sales and .Service: is.'a- premier. engine :and :power generation systems provider committed to- delivering fast and .proven solutions to our:customers. We are pleased b ,offer you- a: Planned Maintenance Proposai'for your review land: approval. , Due to the: critical nature of your standby power system, this Agreement:was developed based: on. your specific n Y p eeds -and. equipment to ensure maximum performance and .reliability: Berie -is of Planned Maintenance • .Improves'system reliability. • Maintenance: 'petformed: by. certified- technicians .specifically trained. in. power.generation. = - • PM:customers receive preferred service for unscheduled emergency repairs.: • Creation of a service record for customer equipment. • Additional maintenance recommendations documented at: that time: 9 .S;cheduling,managed: by Cummins Sales.and Service to ensure timely; maintenance:intervals: 4 Eliminates administrative burden, covers equipment from multiple vendors. Pleaseksigh, date:and return the enclosed Agreement to'our office along with any.purchase documentation -necessary so we can: tend to your servicing needs.-Planned Maintenance: Agreements are "auto-renewed" annually prior tolthe:end of your agreement. Should:you have, any questions or require additional information on .this or any. .: ::other subject relating to your equipment, ;please fee[free to contact me. We, look forward to the .opportunity to earn:: your trust and: business.: .. . .. Sincere Erin Zehr: Planned Maintenance Sales Rep:: Office:.(800) 759-4355 Cell:. (314) 695-3670 = Emaii; erin.zehr@cummins.com