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HomeMy WebLinkAboutbocc.con.043.2011 Re■ 12/27%10 is MEMORANDUM TO: File FROM: Chris Bull RE: (3) 2011 Tahoe's SO, Ambulance — Outside Agency Bid DATE: February 17, 2011 STATE BID At the procurement officer's discretion, a contract may be awarded for a property, service, or construction item on the terms and to the contractor that has been selected under the State of Colorado's or other governmental jurisdiction's competitive procurement process. The other jurisdiction's process must maintain the spirit of the County's procurement standards in order for the proposal to be accepted by the County. Pitkin County Procurement Code section 3 -106. Contract #:43 -2011 Description of Project: 2011 Tahoe for Ambulance District, and (2) 2011 Tahoe's for Sheriff Department. Budget: $87,891.00 Budget line item #: 001.31 00952 86650 & 115.34 00952 86650 Outside Agency Procurement used (Describe briefly the governmental agency whose bid you are using and the terms and conditions of the resulting contract. Include a copy of the outside agency bid in your file.): State of Colorado Contractor Contacted Mike Shaw Auto Appropriate signatures based on bid amount Jon Peacock, County Manager (Place in file) Note: When a contract is obtained, complete the Clerk's check list. For outside agency information on available bids .. \training \Resources Public Procurement.doc 3 Contract # O • 2 o 11 Rev. 12/27/10 jls Ledger # I tra or It IoN tt 4 CO LEI 1 CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into thisl7th day of February , 2011 , by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer ") and Mike Shaw Buick GMC Chevrolet, (hereinafter "Vendor "). 1. GOODS PURCHASED. Vendor shall provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: Three (3) 2011 Chevrolet Tahoe's, two white and one Taupe Grey Metallic. Specifications from vendor provided in this contract. 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the Buyer at the following place and time: Place: Wireless Advance Communications Date and Time: a.m. /p.m. 3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the goods, Vendor shall bear any and all risk of loss of or damage to the goods. During such period, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of $100.00 per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 3 1 Contract # © 4.3 • zo I i Rev. 12/27/10 jls Ledger # 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer shall have 10 business days for inspection of goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents evidencing such ownership and title to the goods. The goods shall be delivered to Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, Buyer may reject goods. Vendor shall have 10 business days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8. WARRANTY/REPAIRS: A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of (see invoice) after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the goods may be transported to Vendor's facility at no cost to the Buyer. C. Extended Warranties. In addition to the above, the Buyer may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the Buyer any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the Buyer may be eligible, which become available thereafter. The Buyer is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to Buyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $87,891.00, but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof'. 11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. 4 5 Contract # 04-S • 2 e i j Rev. 12/27/10 jls Ledger # 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the Buyer. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the Buyer and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the Buyer and Vendor. 16. EXEMPTIONS. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98 -02624 and 84- 78000 -5K. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 13, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24 -10 -101, et. Seq., C.R.S., as from time to time amended, or otherwise available to Buyer or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Vendor by the Buyer for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County as Buyer. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the 5 Contract # 045 - 2 011 Rev. 12/27/10 j is Ledger # services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple - fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. to Pitkin County with copies to: Chris Bull Pitkin County Attorney's Office 76 Service Center Rd. Aspen, Co. 81611 530 E. Main Street, #302 970 - 920 -5764 Aspen, Colorado 81611 Fax: (970) 920 -5198 B. To Vendor: Mike Shaw Buick, GMC, Chevrolet 1313 Motor City Dr. Colorado Springs, Co. 80905 Fax 719- 636 -1354 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: PITKIN COUNTY COLORADO By: # M ,'44•49 o T �y By: `s—' / Proc Office, Chris Bull • • e A) 3 1', Put is orks Director, Brian Pettet By: Jon Peacock, Pitkin County Manager 6 r) Prepared For: Prepared By: CHRISTOPHER BULL MARKM PITKIN COUNTY Mark McMunn — Mike Shaw Auto Phone: (970) 920 -5393 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719) 332-8165 Fax: (719) 636-1354 Email: markm @mikeshawauto.net 2011 Fleet/Non- Retail Chevrolet Tahoe 4WD 4dr 1500 Commercial CK1070 QUOTE WORKSHEET QUOTE WORKSHEET - 2011 Fleet/Non—Retail CK10706 4WD 4dr 1500 Commercial MSRP $41,630.00 Destination Charge $950.00 Optional Equipment ($4,824.00) Dealer Advertising $0.00 Customer Discount ($9,194.00) Accessories 5 ADDITIONAL KEYS CUT AND PROGRAMED $175.00 EXCHANGE 4 STOCK TIRES FOR BLIZZAK $560.00 Total Accessories $735.00 Taxable Price $29,297.00 TOTAL y � $29,297.00 , Customer Signature / Date Dealer Signature / Date Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 169.3, Data updated 1/25/2011 2:34:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: February 01, 2011 3:56:31 PM Page 1 P facArt Prepared For: Prepared By: CHRISTOPHER BULL MARKM PITKIN COUNTY Mark McMunn — Mike Shaw Auto Phone: (970)920 -5393 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719) 332-8165 Fax: (719) 636 -1354 Email: markm @mikeshawauto.net 2011 Fleet/Non- Retail Chevrolet Tahoe 4WD 4dr 1500 Commercial CK1070 WINDOW STICKER 2011 Chevrolet Tahoe 4WD 4dr 1500 Commercial Interior: - Ebony 5.3L/323 CID Gas /Ethanol V8 Exterior 1: - Summit White * 6 -Speed Automatic w /OD Exterior 2: - No color has been selected. CODE MODEL MSRPi1 CK10706 2011 Chevrolet Tahoe 4WD 4dr 1500 Commercial $41,630.00 I OPTIONS FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 I LMG ENGINE, VORTEC 5.3L V8 SFI FLEXFUEL $0.00 MYC TRANSMISSION, 6 -SPEED AUTOMATIC, ELECTRONICALLY CONTROLLED $0.00 GU6 REAR AXLE, 3.42 RATIO INC 1FL COMMERCIAL PREFERRED EQUIPMENT GROUP - $5,810.00 NX7 WHEELS, 4 - 17" X T' (43.2 CM X 17.8 CM) STEEL $0.00 !I QGI TIRES, P265/70R17 ALL - SEASON, BLACKWALL $0.00 ZY1 SOLID PAINT $0.00 50U SUMMIT WHITE $0.00 A95 SEATS, FRONT BUCKET WITH PREMIUM CLOTH, (AG1) 6 -WAY POWER DRIV $935.00 19C EBONY, PREMIUM CLOTH SEAT TRIM $0.00 US8 AUDIO SYSTEM, AM /FM STEREO WITH MP3 COMPATIBLE CD PLAYER $0.00 I 5W4 IDENTIFIER FOR SPECIAL SERVICE VEHICLE. $0.00 KSL TRAILERING PACKAGE, HEAVY -DUTY INC I 6J1 IGNITION INC G80 DIFFERENTIAL, HEAVY -DUTY LOCKING REAR $295.00 I KNP COOLING, AUXILIARY TRANSMISSION OIL COOLER, HEAVY -DUTY AIR -TO -01 INC ! K47 AIR CLEANER, HIGH - CAPACITY INC NQH TRANSFER CASE, ACTIVE, 2 -SPEED ELECTRONIC AUTOTRAC INC 6A6 BATTERIES, DUAL HEAVY -DUTY 730 COLD - CRANKING AMPS $155.00 Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 169.3, Data updated 1/25/2011 2:34:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: February 01, 2011 3:56:31 PM Page 2 C\ Prepared For: Prepared By: CHRISTOPHER BULL MARKM PITKIN COUNTY Mark McMunn -- Mike Shaw Auto Phone: (970) 920 -5393 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719) 332-8165 Fax: (719) 636-1354 Email: markm @mikeshawauto.net 2011 Fleet/Non - Retail Chevrolet Tahoe 4WD 4dr 1500 Commercial CK1070 WINDOW STICKER NZZ SKID PLATE PACKAGE $150.00 'I, — KEY, SINGLE, 2 -SIDED INC LUGGAGE RACK, DELETE INC _ WIPERS, FRONT INTERMITTENT WET -ARM INC UN9 RADIO SUPPRESSION, BRAIDED BRASS STRAPS INC AG2 SEAT ADJUSTER, FRONT PASSENGER 6 -WAY POWER INC ATD SEAT DELETE, THIRD ROW PASSENGER INC AMF REMOTE KEYLESS ENTRY FLEET PACKAGE, PROGRAMMABLE $75.00 • UT7 GROUND STUDS, AUXILIARY INC 9G8 HEADLAMPS, DAYTIME RUNNING LAMPS AND AUTOMATIC HEADLAMP CON $1.00 UEO ONSTAR, DELETE INC SAFETY BELTS, 3- POINT, DRIVER AND FRONT PASSENGER IN ALL SEATING INC VPV SHIP THRU, PRODUCED IN ARLINGTON ASSEMBLY AND SHIPPED TO KERR I INC SPECIAL EQUIPMENT OPTIONS 9N5 FLOOR CONSOLE DELETE - $625.00 5T5 SEATS, 2ND AND 3RD ROW VINYL INC SUBTOTAL 536,806.00 Advert/Adjustments $0.00 Destination Charge $950.00 TOTAL PRICE $37,756.00 Est City: 15.00 mpg Est Highway: 21.00 mpg Est Highway Cruising Range: 546.00 mi Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 169.3, Data updated 1/25/2011 2:34:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: February 01, 2011 3:56:31 PM Page 3 Prepared For: Prepared By: CHRISTOPHER BULL MARKM PITKIN COUNTY Mark McMunn -- Mike Shaw Auto Phone: (970) 920 -5393 1313 Motor City Dr. Colorado Springs, CO 80905 • Phone: (719) 332 -8165 Fax: (719) 636 -1354 Email: markm @mikeshawauto.net 2011 Fleet/Non- Retail Chevrolet Tahoe 4WD 4dr 1500 Commercial CK1070 QUOTE WORKSHEET QUOTE WORKSHEET - 2011 Fleet/Non- Retail CK10706 4WD 4dr 1500 Commercial MSRP $41,630.00 Destination Charge $950.00 Optional Equipment ($4,824.00) Dealer Advertising $0.00 Customer Discount ($9,194.00) Accessories 5 ADDITIONAL KEYS CUT AND PROGRAMED $175.00 EXCHANGE 4 STOCK TIRES FOR BLIZZAK $560.00 Total Accessories $735.00 Taxable Price $29,297.00 TOTAL 3 $29,297.00 2 J • Customer Signature / Date Dealer Signature / Date Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 169.3, Data updated 1/25/2011 2:34:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: February 01, 2011 3:56:31 PM Page 1 1` Prepared For: Prepared By: CHRISTOPHER BULL MARKM PITKIN COUNTY Mark McMunn -- Mike Shaw Auto Phone: (970) 920 -5393 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719) 332 -8165 Fax: (719) 636 -1354 Email: markm @mikeshawauto.net 2011 Fleet/Non- Retail Chevrolet Tahoe 4WD 4dr 1500 Commercial CK1070 WINDOW STICKER 2011 Chevrolet Tahoe 4WD 4dr 1500 Commercial Interior: - Ebony 5.311323 CID Gas /Ethanol V8 Exterior 1: - Summit White 6 -Speed Automatic w /OD Exterior 2: - No color has been selected. CODE MODEL MSRP, CK10706 2011 Chevrolet Tahoe 4WD 4dr 1500 Commercial 541,630.00 OPTIONS FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 LMG ENGINE, VORTEC 5.3L V8 SFI FLEXFUEL $0.00 MYC TRANSMISSION, 6 -SPEED AUTOMATIC, ELECTRONICALLY CONTROLLED $0.00 GU6 REAR AXLE, 3.42 RATIO INC 1 1FL COMMERCIAL PREFERRED EQUIPMENT GROUP - $5,810.00 NX7 WHEELS, 4 - 17" X 7" (43.2 CM X 17.8 CM) STEEL $0.00 QGI TIRES, P265/70R17 ALL- SEASON, BLACKWALL $0.00 ZY1 SOLID PAINT $0.00 50U SUMMIT WHITE $0.00 : A95 SEATS, FRONT BUCKET WITH PREMIUM CLOTH, (AG1) 6 -WAY POWER DRIV $935.00 ,. 19C EBONY, PREMIUM CLOTH SEAT TRIM $0.00 USS AUDIO SYSTEM, AM /FM STEREO WITH MP3 COMPATIBLE CD PLAYER 50.00 5W4 IDENTIFIER FOR SPECIAL SERVICE VEHICLE. $0.00 K5L TRAILERING PACKAGE, HEAVY -DUTY INC 6J1 IGNITION INC G80 DIFFERENTIAL, HEAVY -DUTY LOCKING REAR $295.00 KNP COOLING, AUXILIARY TRANSMISSION OIL COOLER, HEAVY -DUTY AIR -TO -01 INC K47 AIR CLEANER, HIGH - CAPACITY INC NQH TRANSFER CASE, ACTIVE, 2 -SPEED ELECTRONIC AUTOTRAC INC 6A6 BATTERIES, DUAL HEAVY -DUTY 730 COLD- CRANKING AMPS 5155.00 Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 169.3, Data updated 1/25/2011 2:34:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: February 01, 2011 3:56:31 PM Page 2 w Prepared For: Prepared By: CHRISTOPHER BULL MARKM PITKIN COUNTY Mark McMunn -- Mike Shaw Auto Phone: (970) 920 -5393 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719) 332 -8165 Fax: (719) 636 -1354 Email: markm @mikeshawauto.net 2011 Fleet/Non - Retail Chevrolet Tahoe 4WD 4dr 1500 Commercial CK1070 WINDOW STICKER NZZ SKID PLATE PACKAGE $150.00 _ KEY, SINGLE, 2 -SIDED INC _ LUGGAGE RACK, DELETE INC _ WIPERS, FRONT INTERMITTENT WET -ARM INC UN9 RADIO SUPPRESSION, BRAIDED BRASS STRAPS INC AG2 SEAT ADJUSTER, FRONT PASSENGER 6 -WAY POWER INC ATD SEAT DELETE, THIRD ROW PASSENGER INC AMF REMOTE KEYLESS ENTRY FLEET PACKAGE, PROGRAMMABLE 575.00 UT7 GROUND STUDS, AUXILIARY INC 9G8 HEADLAMPS, DAYTIME RUNNING LAMPS AND AUTOMATIC HEADLAMP CON $1.00 UEO ONSTAR, DELETE INC !, _ SAFETY BELTS, 3- POINT, DRIVER AND FRONT PASSENGER IN ALL SEATING INC VPV SHIP THRU, PRODUCED IN ARLINGTON ASSEMBLY AND SHIPPED TO KERR I INC SPECIAL EQUIPMENT OPTIONS 9N5 FLOOR CONSOLE DELETE - $625.00 5T5 SEATS, 2ND AND 3RD ROW VINYL INC SUBTOTAL $36,806.0 Advert/Adjustments $0.00 Destination Charge $950.00 TOTAL PRICE $37,756.00 Est City: 15.00 mpg Est Highway: 21.00 mpg Est Highway Cruising Range: 546.00 mi Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 169.3, Data updated 1/25/2011 2:34:00 PM ©Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer File: February 01, 2011 3:56:31 PM Page 3 0 Colorado State Fleet Management Peso t al 3 2011 VEHICLE SPECIFICATIONS 6/1/2(}10 Dealers Inventbn to BIa Cana: SIV 4,0 WY Code; M nasinuaragarszems. Represent/We Modals: t: CHEVROLET TAHOE 2: FORD EXPEDITION 3: 4. MARE: _- t 34¢ MODEL. /r OEM MODEL $4 41 t 2671:14 $4 41 t 2671:14 TRIM LEVA ' ' OEM COOE: STANDARD SPECIFICATIONS: OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS 103 PASS: 5 PERSONS MIN. /. /C M t N5 t it DOORS 4 FILL SIZE SIDE DOORS //VC _.. 148 FULL SOS SPARE RAE 1 /Ale C . 1V / _,._. 181 'WHEELBASE: 11601N. MIN /VC ! 16 197 ENO MIN CYU 6 LAID 8 215 ENO MIN OISP;33L 1415 $ r86 234 OW/ WW1 6800 MIN STD 73 268 CRUISECONTROL/TILT , r� 306 ABS BRAKES .S / T� 410 TRANSMISSION: AUTOMATIC ,41 ¥c t" a 413 FOUF4WHEE1 DRIVE .5'71' 79 PKD. PO4JCE 4WD U1tUTY(aacMnon» /WC 1 519 LEFT DOOR POST SPO RJQHT (sow) A4/4 • 5 POWER LOCKS .5 , SW POWER WINDOWS ftp. 910 PRIMARY FUEL' UNLEADED C 5TZ> e85 991 STANDARD WARRANTY - BUMPER TO BUMPET r J rre far STANDARD VEHICLE SASE PRICES 2 18 7 ° AVAILABLE OPTIONS: OEM COOE ACTUAL 1 COMMENTS PRICE 254 ALT FUEL - OEM SI FUEL - r / 256 ALT FUEL- OEM DEDICATED yA 256 E65' OEM SI FUEL CV 264 REMOTE KEYLESS ENTRY 57P /C' 299 RUNNING BOARDS e 7 2 -a-= -- 3� AUXILIARY AIR COMDRiONINO ____ 309 AUXILIARY HEATING - ' ...-- /VC 316 SEAT:EXTRA3RO ROW SEAT /7'brt'` 2.2.54) ._ 406 REAR AXLE - OM SPIN 1 63o —. _ t <C 24? •W 414 TWOHEEL ORIVE: PEAR GCC''A 704 /y�� it" ' 7 I> 430 PCKO:TOWIHOIRCVR HITCN(Atchmt) NM` .4,71 /hev` ,,j C ed /P IC 472 VACT AFV CREDIT: Specify 94', /24)10 l'■,0, H1 1, ,' :iri q 3■0 51 2i 1 ;: r 4tAA Ki. LI ar-le-S,1 1 9 pe On: kAiRli:IS. 1 CHEVROLET 4AHOF 2: FERO. TY,PETATION 3: A , -1 .., c „, LA4 E 422 iti MODEL re OEM MOCEL A 2 1,71 7 4 : .4 TRIM LEVET : ,17Q-ie f CEPA CODE: 44 1 2 ' 4 ' 1 4 / A ' /‘ ill, E. C,PlieriS 1 >' . .i Vi 0C/12, ,.■ :., TUAL : .,.<,, tw',",‘Ei; 07, PD{CE 1 44c3 OELETS VADAT SAE (70NIROLLER , - 7( / / 1 1 /4 4 /7 — P T r 2 \ / 47 SE:2E4E TOW PEG IN PAC #479 A'4 SM 7:1';`,77171:14,' Ncr- i CA' POECAPOUCE2V UTIL(Allactime grnie A et( If-41 ii i ft? 5 th i c 0 , v ".30e, La:rr SPGrii0 CLEAR LENS - tlder. 0 /Ai .0,- 4s fli c SO" 41424IT Sfv.2 4140 HT :CLEAR LENS ' 7. 7 id:A Iv' 4 i s 5404 ife)e) A.4 ,,RNLI Ao0F oari-nria wi rh HOLE irit n A:71e 5 20 -2 EL.17€ TENTED WINDOWS c 444 . i i - Ae g oo /odisozoio,„/ Y'L SE ONA P8-1CC / 2 KLIMPER ------I * I < 7 779 aNt(Etel 00 PLAYER ` 5 773 71 _ EXA 'LUSH BUMPS` SENNA C 16' I Y ........... ... F- - „O.242 S'AEETY CANOPY/310E AIR OASIS} 1 Pitt Seke /Sic_ `._ Henna; 0A37/77LECTRIC i Nel U 5 :VA; REVERSE SEADONG SYSTEM Pk° Sr 5 j Pf -Q5 czviSH Rump EP HT( 07Y SENNA 542-40CS 56 ,P,4, i<, o H P , (..4.07 "35 4 -2/44# 71 i ..2 "CO LAIOEPOCAEC t ;CHING PIA° K7 1 P'ex Slaw c Al) etc A e Pi 7222 , Inn *3 pGKAGE: LIGHT 0A7 en/we not ineta 1 llee) 1 _5Th( 474 alv el /9 se.,3 , LIGHT PAP (attachment net insta Reel) Pet Ck /419;40:Kelf / 78 2 5;Y ASOITIONAL INSSIALICINONS OM EXHIBIT A c , 2244i ' IcEHTVAR INSTALL 1 —LH/P.-kit 700 301 71,0(174N , ,IA TS FRONT AND REAR e 3 0 e 4v, Le ..c.. (24, 4+ t- /90 7 — • 78r2 SIC WAIISANMY - P(AniEN 1BAIN CV 0,70 01X) , S7 2> NC fr71:: ST24 WENT Y 5'01/750S07(11(AttACE) I ctigiao 3,130 4 Colorado Slate Fleet Management Page 3 of 3 2011 VEHICLE SPECIFICATIONS Dealers Invitation to Bid 9/112010 Class: SUV 4x4 Body Code: 117 pA$$ MIL LARGE. 4X4. PATROL Representative Models: 1: CHEVROLET TAHOE 2: FORD EXPEDITION 3: 4: �//�'•1 .Sett MAKE:` h l a y MODEL: ' " " 4 w OEM MODEL 4: C x / 0 7a TRIM C 4C 41 OEM CODE: Shy AVAILABLE COLORS: Please attach manufacturer color chart OTHER VEHICLE SPECIFICATIONS / OPTIONS (Please attach separate sheet It necessary) PRICE STANDARD FACTORY WARRANTY (Attach detailed description): MILES L MONTHS Bumper to Bumper 34^ 34 Drive Train /Dot (p 0 Other /DO& 6 0 ,e Akair r OPTIONAL FACTORY WARRANTY (Attach detailed descdpion): MILES MONTHS PRICE Gene r 7500 0 G 0 /.33 f o 00 C EPA FUEL RATING: / J M.P.G CITY, 2/ M.P.G HIGHWAY OEM MINIMUM FUEL RATED OCTANE DEUVERY /' DAYS FROM DEALER RECEIPT OF ORDER FROM STATE (E.G. 90 DAYS) IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS: / Min ' i' ' ShahJ BIDDER'S NAME: "Oder K MCY / DEALER NAME: ,A DEALER PHONE 7/9 /GL /134/ SIGNATURE: / / 1� 2011 State Vehicle Bid PACKAGES — Per Modification #2 Page 10 of 38 #479 - PACKAGE: POLICE 4WD UTILTIY #497 — PACKAGE: POLICE 2WD UTILITY MINIMUM SPECIFICATIONS FOR 2011 MODEL YEAR FULL -SIZE, BODY CODE K7 4- DR, 4WD and 2WD, UTILTIY PATROL VEHICLES 2011 V -8, full -size, 4 -door, 4 Wheel drive, utility type Special Service 5W4 certified patrol vehicle: Chevrolet Tahoe CK10706 or equivalent police vehicle model: 2011 V -8, full -size, 4 -door, 2 Wheel drive, utility type Police Package PPV certified police vehicle: Chevrolet Tahoe CC10706 or equivalent police vehicle model: SPECIFICATIONS Comply (circle Y or N) Air Conditioning: C) N Factory - installed air conditioning with dual -zone manual climate control with auxiliary rear air conditioning and heat operated from the front only. Alternator System: U N 170 -amp with idle boost controlled by energy level sensing /4. o Assist steps: N Black running boards on both sides. Auxiliary Power, CD N 100 -amp ignition and main power supply wiring at lower center of Front instrument panel. Auxiliary Power N 100 -amp auxiliary power available in the cargo area. rear Battery: Y N Heavy duty maintenance free battery, minimum of 730 CCA with rundown protection. d o g Block Heater: QY N Engine Block Heater. Body Side Molding: CV N Installed Brakes: ® N Heavy -duty 4- wheel anti -lock front and rear disc brakes with vacuum boost power assist. Capable of repeated stops at high speeds with no fade or side pulling, wet or dry. Cooler, Engine Oil: (11) N Auxiliary engine oil cooler. Cooler, (V) N Extemal air -to -oil transmission oil cooler. Transmission Oil: Cooler, Power 11 N External power steering fluid cooler. Steering Fluid: Cooling System: £ N Heavy duty high capacity radiator and cooling system, electric fans and extended life coolant. Hoses are EPDM rubber. Cruise Control: t N Electronic cruise control system with tilt steering wheel. Defroster, Rear CO N Electric rear window defroster / defogger. Window: Daytime Running Y N Delete daytime running lights and automatic headlights. Light Delete: qbg Differential: 2WD N Package # 497 only - Axle Ratio to be 3.08 to 1. Differential: 4WD N Package # 479 only - Axle Ratio to be 3.42 to 1. Dome lamps N Cargo lamp with delayed entry feature and map lamps I1 2011 State Vehicle Bid PACKAGES — Per Modification #2 Pape 11 of 38 Door, Rear: Q N Full lift up door with lift up glass. Engine: ® N Vortec 5300 V8 SFI with active fuel management , flex fuel Emergency Flasher co N Headlight flasher module with control wire and body control system — SEO 6J7 module rear lamp flashing. (Tahoe only) (part of police package) Floor Covering: © N Black vinyl floor covering. Frame: ® N Full perimeter, modular with hydroformed rails. Gauges: N Tachometer, oil pressure, and engine temperature and fuel gauges mounted in dash in normal positions. Glass, Tinted: U N Privacy glass Grille lights and U N Front speakers are not connected to the vehicle radio, radio speaker wiring: 6J3 audio is sent to the rear speakers. Heater, Defroster: OY N Heavy duty fresh air heater and dual defroster. Horn /siren wiring N SEO 6J4 Connection of a switch to select either horn or siren (Tahoe only) 6J4 operation when the horn pad is pressed. (part of police package) Light Bar Controller co N Federal Signal Switch Module With Slide. Model SW400SS ONLY — Uninstalled Lighting Package - (y) N Must be Kerr Industries Package — KCRNS front and rear corner 4 corner strobes strobes installed in front head lamps & rear tail lamps of vehicle. (Tahoe only): Includes Delphi Weatherpack connectors, shielded cables with ground to prevent RF interference. 90 watt power supply. Lighting Package YO N Must be Kerr Industries Package — KGRIL -LEDRB Front facing Grille Lamps red and blue lamps, located behind grille. Includes power supply. (Tahoe only): Locking System: V N Single key locking system (different key for each vehicle). Locks, Power: N Power door locks controlled from driver's and passenger position, rear door handles to remain operational. Mirrors, Outside (Y) N Heated left and right outside mirrors, adjustable with remote Heated: control. Manual folding. Power Outlets N Two located on instrumental panel and one in rear cargo area. Radio AM/FM: N OEM AM/FM /CD Radio Radio lJ N Grounding straps at five locations. Suppression: Seats: N Heavy duty front bucket cloth seats. The 2" row seat to be made of vinyl. No third row seating. Siren Speaker `! N Must be Kerr Industries Package — KSPEAK - A 100 -watt siren (Tahoe only): speaker installed behind the vehicle grille. Wiring connections are weather proof. Speedometer:2WD 0 N Package # 497 only - 140 MPH certified analog, 1 mph increments digital trip odometer. Speedometer:4WD U N Package # 479 only - 120 MPH certified analog, 1 mph increments digital trip odometer. Stabilitrak: N Stability enhanced system. Steering: 1 N Heavy -duty power operated steering system. \6 2011 State Vehicle Bid PACKAGES — Per Modification #2 Page 12 of 38 Suspension Q N Front - coil over shock with stabilizer bar. Rear — multi -link with System: coil springs, shocks and heavy -duty stabilizer bar. Tires and Wheels: © N Package # 497 only - Five heavy -duty black steel wheels and five 2WD "I-I rated" Goodyear tires (P265/60R17) all season steel- belted radials. Tires and Wheels: UY N Package # 479 only - Five heavy -duty argent steel wheels and 4WD five Goodyear tires (P265/70R17) all season steel - belted radials. Trailer Tow N PKG 479 only NA on 2WD Package: Includes trailering hitch platform, 7 wire harness with independent fused trailering circuits mated to a 7 -way sealed connector, VR4 2 -inch trailering receiver and electric brake controller jumper hamess. Transmission: UY N Heavy -duty minimum of 6 -speed automatic transmission with over -drive and NO first gear lockout. Windows, Power: N Power windows, driver side lockout. Windshield Wipers: 0 N Intermittent windshield wiper system. Wiring provisions 0 N Blunt cut ends for alternating signal flasher, for grille lamps and for Grille lamps siren/speaker. Control wires from in -line connector in forward SEO 6J3 (Tahoe): lamp harness for grille lamps and speaker. (part of police package) Wiring Special: Q N RG58AU coaxial radio antenna cable to extend from the roof to the left side of the trunk compartment with at least six inches of cable to be left readily accessible. An auxiliary battery power stud shall be furnished allowing for electrical connections of additional equipment. "MNStar Wiring EDHSO Installer utility hamess system ". Fused grounds for these circuits are also to be included THE WARRANTY IS TO GO INTO EFFECT ON THE DATE THE VEHICLE IS PUT INTO SERVICE, NOT THE PURCHASE DATE Delivery to be made to the Colorado State Patrol at 15203 W. 12 Ave., Golden, CO 80401. Per State Fleet Management instructions. OTHER Please list a description of any additions and/or deletions to your factory's POLICE PACKAGE from the above listed specs or list next to the item directly on the attached sheets described above: Body Code: K7 ATTACH A COPY OF THIS FORM TO THE "DEALER'S INVITATION TO BID" FOR BODY CODE K7 WHICH HAS OPTION PACKAGE #479 and #497 \C\ CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING /ARCHIVING CONTRACT #: ©4-3 ' 2ot 1 ORIGINATING DEPARTMENT/DIVISION: Sheriff Department/Ambulance District CONTACT PERSON: Chris Bull PHONE #: 970 - 920 -5393 PROJECT NAME: Sheriff & Ambulance Tahoe's ❑ BOCC AGENDA ITEM ❑STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ® Over 550,000 (Requires County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑None ❑Informal ❑Formal ['Sole Source ❑Emergency ®State Bid ❑ ['Compliance with House Bills 06 -1343 and 07 -1073 — Immigration Form (Under $10,000, Letters of Engagement, etc r. DOLLAR AMOUNT: $87891.00 BUDGET LINE ITEM /LEDGER NUMBER: 00131 00952 86650 115.34 00952 86650 ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑Employment (for county employees) ❑License/Use ❑Intergovernmental Agreement (Requires BOCC Action) ['Lease ❑Non- Profit ❑Construction ❑Quasi - Public ®Goods, Equipment, Supplies ❑Grant Agreements (Requires BOCC Action) ['Other (e.g. revenue) ['Change Order /Contract Amendment CONTRACTOR: Mike Shaw Buick COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date: Contract End Date: Automatic Renewal: ['Yes ['No Term of Contract: .v STO All Contracts should be proofed for the following: A qj " ✓ ❑No Pages Missing h r" e,, ✓ Off Page is Left Intentionally Blank —Note on Page )-‘ -, 3 ✓ ['Page numbered consecutively ✓ ❑All Signatures Affixed ✓ ['All Dates Filled In ✓ DAN Other Blanks Filled In ✓ ❑AII Exhibits Attached ✓ ❑HB 06 -1343 and 07 -1073 (Immigration Legislation) Included in RFP and/or Contract ✓ ❑All Legal Descriptions Attached (if applicable) ✓ [Notice of Award/Notice to Proceed Attached (if applicable) ✓ ['Warranty (if applicable) ✓ ['Special Instructions for Finance Department: ✓ ❑Sent to Clerk and Recorder for Scanning/Archiving ✓ ['Authorized Staff Person's Name: Chris Bull BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. F}F HOUSE VEHICLE PURCHASE AGREEMENT SALESMAN MIKE SHAW CHEVROLET j 0 5111 /2011 MIKE SHAW SAAB BUYER TE 1080 S. Colorado Blvd. Denver, CO 80246 H RES. (303) 757-6161 /b �LKV1CL (IN I IK ROAD 910)920 -5765 ADDRESS r E BUS. www.MikeShawDenver.com HJ PFN DENVER 81611 E -mail: Info@MikeShawAuto.com CITY COUNTY STATE ZIP E -MAIL ADDRESS BUYER AGREES TO PURCHASE THE FOLLOWING DESCRIBED VEHICLE FROM THE DEALER UNDER THE TERMS AND CONDITIONS DESCRIBED HEREIN: STOCK NUMBER YEAR MAKE MODEL VEHICLE V.I.N. /I.D. 4 COLOR TRIM BUYER AGREES THAT TITLE TO THE FOLLOWING DESCRIBED USED VEHICLE IS TRANSFERRED TO THE DEALER AS A TRADE -IN AND THAT THE NET EQUITY (TRADE -IN ALLOWANCE LESS BALANCE OWED ON TRADE -IN) CONSTITUTES PARTIAL PAYMENT FOR THE ABOVE DESCRIBED VEHICLE. * DESCRIPTION MAKE MODEL YEAR t ` C � 1 ICLE IDENTIFICAT N BER L OF TRADE IN .'919,•. D(1 1 l J " C� IJ vS :3 DELIVERED PRICE � DEALER INSTALLED ACCESSORIES MANUFACTURER AND ITEM AMOUNT DEALER HANDLING: THIS CHARGE REPRESENTS COSTS & ADDITIONAL PROFIT TO THE DEALER. r A ?9Z971 TOTAL CAR PRICE k / < A f *1 TRADE -IN ALLOWANCE B CLUDIISGPRSCOU 292971 00 , TAXABLE SALE PRICE /A CITY SALES TAX STATE SALES TAX I a f�� .� � L L N/A � RTD TAX * BALANCE OWED ON TRADE -IN: ' A TOTAL ACCESSORIES INCLUDED IN DELIVERED PRICE If the Actual Pay -Off on Buyer's trade -in exceeds the estimated pay -off amount IY / A stated here, Buyer agrees to pay Dealer the difference immediately. ,t / f / S EXTENDED SERVICE CONTRACT ICS 29297100 USED VEHICLES SOLD "AS IS" TOTAL CASH DUE I THIS MOTOR VEHICLE IS SOLD WITHOUT ANY WARRANTY, EITHER EXPRESSED OR IMPLIED. THE PURCHASER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECTING ANY PAYMENT SEE PARAGRAPH 6 DEFECTS THAT PRESENTLY EXIST OR THAT MAY OCCUR IN THE VEHICLE. (THIS PROVISION ON REVERSE SIDE IS APPLICABLE ONLY TO USED CARS SOLD WITHOUT AN EXPRESS WARRANTY.) CASH ON DELIVERY I understand the above statement. TOTAL CASH PAYMENT --► r ' ' X �) 71 f�(', BUYER'S SIGNATURE REMAINING CASH BALANCE DUE DISCLAIMER OF WARRANTIES DEALER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. The only warranty provided in this purchase agreement is the warranty provided by the new vehicle manufacturer. Certain aftermarket products and service contracts might be included in this sale that are not supplied by the vehicle manufacturer. If they are not supplied by the manufacturer, they are not covered by the manufacturer's warranty, or in the case of a service contract, are not affiliated with the manufacturer. BUYER'S GUIDE THE "BUYER'S GUIDE" INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION IN THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. FINANCING CONTINGENCY The Dealer makes no guarantee that Buyer will receive financing, credit, or loan approval. Financing is subject to approval by a lending institution. If financing is not approved, the Buyer hereby grants to Dealer the right to negotiate with lending institutions for a reasonable variation in terms. If financing is not approved, the Dealer may cancel this agreement. In the event the sale is cancelled, Buyer shall return the vehicle to Dealer within 24 hours of notice of cancellation. If the vehicle is not returned within 24 hours of cancellation, the Dealer may repossess the vehicle. If the Dealer sells the Buyers trade -in and pays off the loans prior to cancellation, then the Buyer shall only be entitled to the difference between the gross trade -in allowance and the payoff, if any. The terms and conditions of DR 2434 Disclosures are hereby incorporated into this contract. In the event the sale is cancelled any deposit made is non - refundable. ARBITRATION Either party to this contract may elect arbitration. Buyer and Dealer agree that in lieu of litigation, all disputes arising out of this transaction in contract or in tort, without limitation, shall at either party's sole election, be fully and finally resolved by arbitration pursuant to the Federal Arbitration Act before a single arbitrator appointed by the Better Business Bureau, in accordance with legal principles and the binding arbitration rules of the Better Business Bureau. The parties also agree that the provisions of C.R.S. § 13 -21 -102.5 shall apply to the arbitration. The Dealer shall pay the cost of the arbitration, not including Buyers attorney fees. The arbitration shall occur in the City and County of Denver, Colorado. BUYER UNCONDITIONALLY WAIVES THE RIGHT TO LITIGATE ANY CLAIMS IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL, OR TO PARTICIPATE AS A MEMBER OR REPRESENTATIVE OF ANY CLASS IN ANY CLASS ACTION OR CLASS ARBITRATION. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO PARTICIPATE IN ANY CLASS ARBITRATION. If any part of this arbitration provision is void or unenforceable, the remaining provisions shall remain in full force and effect. INSURANCE THIS CONTRACT DOES NOT PROVIDE FOR AUTOMOBILE LIABILITY INSURANCE, AND BUYER STATES THAT HE /SHE HAS IN EFFECT AN AUTOMOBILE LIABILITY POLICY AS DEFINED IN SECTION 42.7 - 103(2), COLORADO REVISED STATUTES, 1972, ON THE MOTOR VEHICLE SOLD BY THIS CONTRACT BUYER CERTIFIES THAT HE/SHE IS 18 YEARS OF AGE OR OLDER AND ACKNOWLEDGES THAT THIS ORDER INCLUDES ALL OF THE TERMS, AND CONDITIONS OF THE SALE OF THE SUBJECT VEHICLE ON BOTH THE FACE AND REVERSE SIDE HEREOF. BUYERS SIGNATURE THIS ORDER IS NOT BINDING UNTIL SIGNED BY MANAGEMENT OF MIKE SHAW CHEVROLET, MIKE SHAW SAAB. ACCEPTED BY NAME AND TITLE ADDITIONAL TERMS AND CONDITIONS 1. No Agency. Buyer acknowledges that Dealer is not an agent of Manufacturer and that Buyer and Dealer are the sole parties to this Purchase Agreement ( "Agreement"), and that the references to Manufacturer are for purposes of explaining certain general contractual relationships existing between Dealer and Manufacturer with respect to new vehicles. 2 Trade-in If the used motor vehicle traded in as part of the consideration for the motor vehicle purchased hereunder is not delivered to Dealer until delivery to Buyer of the motor vehicle being sold in this Agreement, the trade -fn motor vehicles shall be reappraised at the time of delivery, and the reappraised value shall determine the allowance made for such used motor vehicle. If the reappraised value is lower than the original allowance shown on the front of this Agreement. Buyer may, if dissatisfied. cancel this Agreement. provided, however, that the right to cancel must be exercised prior to delivery of the motor vehicle being sold to the Buyer and surrender of the trade -in motor vehicle to Dealer. Buyer agrees to deliver to Dealer satisfactory evidence of title to any motor vehicle traded in as part of the consideration for the motor vehicle purchased at the time of delivery of the trade -in motor vehicle to Dealer. Buyer warrants the trade -in motor vehicle to be his /her property. free and clear of at liens and encumbrances except as otherwise noted in this Agreement Buyer further represents and warrants that the trade -in motor vehicle is not salvage, wrecked. totaled. destroyed, damaged by flood. fire, collision, accident, rebuilt, lemon, reconstructed, or reassembled as defined ander Colorado law (or the law of any state in which the vehicle was used, titled, registered, rented or leased). Buyer acknowledges that Dealer has not had the opportunity to examine the current or former certificate of title to the trade -in and that Dealer is relying on Buyer's representation A accepting the trade -in. If the payoff on the trade -In is higher than stated in the Agreement. Buyer shall be liable for the difference and shall reimburse Dealer for the difference within 48 hours of notice, Buyer hereby appoints Dealer as its attorney in -fact with the authority to convey the trade -in to Dealer. Buyer warrants that the Odometer Statement for any trade -in vehicle R true and accurate. 3. Trade -in Allowance. The trade -in allowance stated on this Agreement does not reflect actual cash value of a trade -in vehicle. 4. Credit Lite/Accident and Health Insurance. If any Insurance purchased under this agreement is unavailable or partly unavailable under the designated policy, then the portion of the charges tor such insurance will be deducted from the balance owed by Buyer and notice of the deduction will be sent to Buyer. If the insurance is unavailable this Agreement shall remain fully effective, and the insurance cost shall be deducted from the Agreement, and Buyer shall execute a new Retail Installment Sale Contract, as required by Dealer. 5. Default. Buyer can only cancel this Agreement pursuant to Paragraph 2 above. Otherwise Buyer's failure or refusal to accept delivery of the subject vehicle and comply with the terms of this Agreement shall constitute a default. If Buyer defaults, Dealer shall be entitled to liquidated damages. Liquidated damages shall be the greater of the following: (a) Any cash deposit and payments made by the Buyer, or (b) 10 (ten percent) of the TOTAL CAR PRIcE shown on this Agreement. In addition to liquidated damages, Dealer shall be entitled to recover such other expenses and losses as Dealer may incur, including actual attorneys tees. If a trade -in was part of the transaction, Buyer hereby appoints Dealer as its attorney in -fact with authority to convey title of the trade -in to Dealer so that Dealer may sell it and reimburse itself from the sales proceeds for the expenses described in this Paragraph. 6. Manufacturer Changes. Manufacturer reserves the right to change the price and/or design of new motor vehicles purchased by or shipped In Dealer without notice. In the event the price to Dealer of new motor vehicles is changed by Manufacturer prior to delivery of the new motor vehicle purchased by Buyer. Dealer reserves the right to change the price of the motor vehicle to Buyer accordingly. If the price is increased, Buyer may cancel Mrs Agreement, provided the right to cancel is exercised prior to delivery of the motor vehicle to Buyer. Dealer has no liability for any design changes by Manufacturer. 7. avyersTax- Qbligatian. The pride of the motor vehicle specified on the front of this Agreement includes a calculation of taxes based on Buyer's representation. Buyer agrees to pay any additional tax imposed by law applicable to the transaction covered by this Agreement, regardless of which party may have primary tax liability. 8. Exclave Remedy and Limitation on Damages. In the event of Dealer's breach of this Agreement, Buyer's damages shall be limited to a return of the purchase price paid under this Agreement. Buyer shall not be entitled to recover from Dealer any punitive damages, consequential damages, damages to property, damages for loss of use, loss of time, loss of profit, loss of income, or any other incidental damages. Dealer is not liable for any delay in the delivery of the vehicle. Dealer will not furnish nor be liable for replacement transportation during a breakdown or repair period without written consent of Dealer. 9. Additional Documents. Buyer agrees that if at any time any other documents must be executed or are required by law. Buyer shall promptly execute those documents at Dealer's request. 10. Security Interest. Buyer hereby grants to Dealer a security interest in the vehicle purchased under this Agreement until such time as the entire purchase price has been paid In good funds. This security interest includes a security interest in the vehicle sold or any trade -in provided to Dealer by Buyer. 11. Attorney Fees and Collection Costs. If either party initiates legal action or arbitration and Dealer prevails in that proceeding, then Buyer shall reimburse Dealer for all legal expenses that Dealer incurs, including but not limited to attorney fees and costs. 12. Miscellaneous. This Agreement and the other documents executed in conjunction with the sale constitute the entire agreement between the parties. Any other prior agreements or representations are merged and integrated into this Agreement. Any verbal promises by representatives of Dealer are not valid. Any promises or understandings not specified in writing are expressly waived by Buyer. Any modification of this Agreement must be written. Buyer acknowledges that Dealer is a Colorado licensed Dealer, and that this transaction occurred in the state of Colorado and that Colorado law shall govern all disputes arising under this Agreement. In the event any portion of this Agreement is void or unenforceable, the remaining provision shall continue in full force and effect. The failure of Dealer to strictly enforce any provision of this Agreement shall not be a waiver of Dealers rights now or in the future. VEHICLE PURCHASE AGREEMENT SALESMAN DEAL HOUSE MIKE SHAW CHEVROLET P Il K T CtiU! ! Y S DATE /11(2G[ MIKE SHAW SAAB BUYER 1080 S. Colorado Blvd. Denver, CO 80246 o RES. (303) 7576161 ADDRESS 76 r I FRVV CENTER ROAt E BUS.-g -5766 www.MikeShawDenver.com E -mail: Info@MikeShawAuto.com CITY ASPEN COUNTY fl �1 • - I) STATE ZIP 81611 • E -MAIL ADDRESS BUYER AGREES TO PURCHASE THE FOLLOWING DESCRIBED VEHICLE FROM THE DEALER UNDER THE TERMS AND CONDITIONS DESCRIBED HEREIN: STOCK NUMBER YEAR MAKE MODEL VEHICLE V.I.N. /I.D. # COLOR TRIM BUYER AGREES THAT TITLE TO THE FOLLOWING DESCRIBED USED VEHICLE IS TRANSFERRED TO THE DEALER AS A TRADE -IN AND THAT THE NET EQUITY (TRADE -IN ALLOWANCE LESS BALANCE OWED ON TRADE -IN) CONSTITUTES PARTIAL PAYMENT FOR THE ABOVE DESCRIBED VEHICLE. * DESCRIPTION MAKE MODEL YEAR VEHICLE IDENTIFICATION NUMBER OF TRADE IN CO = 1 ° 00957, - 8 66S 0 DELIVERED PRICE DEALER INSTALLED ACCESSORIES MANUFACTURER AND ITEM AMOUNT DEALER HANDLING: THIS CHARGE REPRESENTS COSTS & ADDITIONAL PROFIT TO THE DEALER. I / r.. TOTAL CAR PRICE "1'9 *I TRADE -IN ALLOWANCE RCMUST PRICO UNT N/A TAXABLE SALE PRICE 2129 . 00 CITY SALES TAX N/A STATE SALES TAX N/A RTDTAX N/A * BALANCE OWED ON TRADE -IN: TOTAL ACCESSORIES INCLUDED IN DELIVERED PRICE If the Actual Pay -Off on Buyer's trade -in exceeds the estimated pay -off amount stated here, Buyer agrees to pay Dealer the difference immediately. EXTENDED SERVICE CONTRACT - USED VEHICLES SOLD "AS IS" TOTAL CASH DUE THIS MOTOR VEHICLE IS SOLD WITHOUT ANY WARRANTY, EITHER EXPRESSED OR IMPLIED. THE PURCHASER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECTING ANY PAYMENT SEE PARAGRAPH 6 DEFECTS THAT PRESENTLY EXIST OR THAT MAY OCCUR IN THE VEHICLE. (THIS PROVISION ON REVERSE SIDE IS APPLICABLE ONLY TO USED CARS SOLD WITHOUT AN EXPRESS WARRANTY.) CASH ON DELIVERY I understand the above statement. TOTAL CASH PAYMENT --► ; t X REMAINING CASH BALANCE DUE BUYER'S SIGNATURE DISCLAIMER OF WARRANTIES DEALER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. The only warranty provided in this purchase agreement is the warranty provided by the new vehicle manufacturer. Certain aftermarket products and service contracts might be included in this sale that are not supplied by the vehicle manufacturer. If they are not supplied by the manufacturer, they are not covered by the manufacturer's warranty, or in the case of a service contract, are not affiliated with the manufacturer. BUYER'S GUIDE THE "BUYER'S GUIDE" INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION IN THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. FINANCING CONTINGENCY The Dealer makes no guarantee that Buyer will receive financing, credit, or loan approval. Financing is subject to approval by a lending institution. If financing is not approved, the Buyer hereby grants to Dealer the right to negotiate with lending institutions for a reasonable variation in terms. If financing is not approved, the Dealer may cancel this agreement. In the event the sale is cancelled, Buyer shall return the vehicle to Dealer within 24 hours of notice of cancellation. If the vehicle is not returned within 24 hours of cancellation, the Dealer may repossess the vehicle. If the Dealer sells the Buyers trade -in and pays off the loans prior to cancellation, then the Buyer shall only be entitled to the difference between the gross trade -in allowance and the payoff, if any. The terms and conditions of DR 2434 Disclosures are hereby incorporated into this contract. In the event the sale is cancelled any deposit made is non - refundable. ARBITRATION Either party to this contract may elect arbitration. Buyer and Dealer agree that in lieu of litigation, all disputes arising out of this transaction in contract or in tort, without limitation, shall at either party's sole election, be fully and finally resolved by arbitration pursuant to the Federal Arbitration Act before a single arbitrator appointed by the Better Business Bureau, in accordance with legal principles and the binding arbitration rules of the Better Business Bureau. The parties also agree that the provisions of C.R.S. § 13 -21 -102.5 shall apply to the arbitration. The Dealer shall pay the cost of the arbitration, not including Buyers attorney fees. The arbitration shall occur in the City and County of Denver, Colorado. BUYER UNCONDITIONALLY WAIVES THE RIGHT TO LITIGATE ANY CLAIMS IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL, OR TO PARTICIPATE AS A MEMBER OR REPRESENTATIVE OF ANY CLASS IN ANY CLASS ACTION OR CLASS ARBITRATION. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO PARTICIPATE IN ANY CLASS ARBITRATION. If any part of this arbitration provision is void or unenforceable, the remaining provisions shall remain in full force and effect. INSURANCE THIS CONTRACT DOES NOT PROVIDE FOR AUTOMOBILE LIABILITY INSURANCE, AND BUYER STATES THAT HE /SHE HAS IN EFFECT AN AUTOMOBILE LIABILITY POLICY AS DEFINED IN SECTION 42- 7- 103(2), COLORADO REVISED STATUTES, 1972, ON THE MOTOR VEHICLE SOLD BY THIS CONTRACT BUYER CERTIFIES THAT HE/SHE IS 18 YEARS OF AGE OR OLDER AND ACKNOWLEDGES THAT THIS ORDER INCLUDES ALL OF THE TERMS, AND CONDITIONS OF THE SALE OF THE SUBJECT VEHICLE ON BOTH THE FACE AND REVERSE SIDE HEREOF BUYER'S SIGNATURE THIS ORDER IS NOT BINDING UNTIL SIGNED BY MANAGEMENT OF MIKE SHAW CHEVROLET, MIKE SHAW SAAB. ACCEPTED BY NAME AND TITLE ADDITIONAL TERMS AND CONDITIONS 1. NoAgency. Buyer acknowledges that Dealer is not an agent of Manufacturer and that Buyer and Dealer are the sole parties to this Purchase Agreement ( "Agreement), and that the references to Manufacturer are tor purposes of explaining certain general contractual relationships existing between Dealer and Manufacturer with respect to new vehicles. 2. Trade -in. If the used motor vehicle traded in as part et the consideration tor the motor vehicle purchased hereunder Is not delivered to Dealer until delivery to Buyer of the motor vehicle being sold in this Agreement the trade -in motor vehicles shall be reappraised at the time of delivery, and the reappraised value shall determine the allowance made for such used rnoter vehicle. If the reappraised value is lower than the original allowance shown on the front of this Agreement, Buyer may. 0 dissatisfied, cancel this Agreement, provided, however. that the right to cancel must be exercised prior to delivery of the meter vehicle being sold to the Buyer and surrender of the trade -in motor vehicle to Dealer. Buyer agrees to deliver to Dealer satisfactory evidence of title to any motor vehicle traded in as part of the consideration for the motor vehicle purchased at the time of delivery of the trade -in motor vehicle to Dealer. Buyer warrants the trade -in motor vehicle to be his /her property, free and clear of all liens and encumbrances except as otherwise noted in this Agreement. Buyer further represents and warrants that the trade -in motor vehicle is not salvage, wrecked, totaled, destroyed. damaged by flood, fire, collision, accident, rebuilt, lemon, reconstructed, or reassembled as defined under Colorado law (or the law of any state in which the vehicle was used, titled, registered, rented or leased). Buyer acknowledges that Dealer has not had the opportunity to examine the current or former certificate of title to the trade -in and that Dealer is relying on Buyer's representation in accepting the trade -in. If the payoff on the trade -in is higher than stated in the Agreement, Buyer shall be liable for the difference and shall reimburse Dealer for the difference within 48 hours of notice, Buyer hereby appoints Dealer as its attorney in -fact with the authority to convey the trade -in to Dealer. Buyer warrants that the Odometer Statement for any trade -in vehicle is true and accurate. 3. Trade -in Allowance. The trade -in allowance stated on this Agreement does not reflect actual cash value of a trade -in vehicle. 4. Credit Lite /Accident and Health Insurance. If any insurance purchased under this agreement is unavailable or partly unavailable under the designated policy. then the portion of the charges for such insurance will be deducted from the balance owed by Buyer and notice of the deduction will be sent to Buyer. If the insurance is unavailable this Agreement shall remain fully effective, and the insurance cost shall be deducted from the Agreement. and Buyer shall execute a new Retail installment Sale Contract, as required by Dealer. 5. Default. Buyer can only cancel this Agreement pursuant to Paragraph 2 above, Otherwise Buyer's failure or refusal to accept delivery of the subject vehicle and comply with the terms of this Agreement shall constitute a default. If Buyer defaults. Dealer shall be entitled to liquidated damages. Liquidated damages shall he the greater of the following: (a) Any cash deposit and payments made by the Buyer, or (b) 10% (ten percent) of the TOTAL CAR PRICE shown on this Agreement. In addition to liquidated damages. Dealer shall be entitled to recover such other expenses and losses as Dealer may incur, including actual attorneys fees. If a trade -In was part of the transaction. Buyer hereby appoints Dealer as its attorney in -fact with authority to convey title of the trade -in to Dealer so that Dealer may sell it and reimburse itself from the sales proceeds tor the expenses described in this Paragraph. 6. Manufacturer Changes. Manufacturer reserves the right to change the price and/or design of new motor vehicles purchased by or shipped to Dealer without notice. In the event the price to Dealer of new motor vehicles is changed by Manufacturer prior to delivery of the new motor vehicle purchased by Buyer, Dealer reserves the right to change the price of the motor vehicle to Buyer accordingly. If the pone is increased. Buyer may cancel this Agreement, provided the right to cancel is exercised prior to delivery of the motor vehicle to Buyer. Dealer has no liability for any design changes by Manufacturer. 7. BuyersTax Obiiaadon. The price of the motor vehicle specified on the front of this Agreement includes a calculation of taxes based on Buyer's representation. Buyer agrees to pay any additional tax imposed by law applicable to the transaction covered by this Agreement, regardless of which party may have primary tax liability. 8. Explosive Reme and Limitation_ on_Damagee. In the event of Dealers breach of this Agreement, Buyer's damages shall be limited to a return of the purchase price paid under this Agreement. Buyer shall not be entitled to recover from Dealer any punitive damages, consequential damages, damages to property, damages for loss of use. loss of time, loss of profit, loss of income, or any other incidental damages. Dealer is not liable for any delay in the delivery of the vehicle. Dealer will not furnish nor be liable for replacement transportation during a breakdown or repair period without written consent of Dealer. 9. Additional Documents. Buyer agrees that if at any time any other documents must be executed or are required by law, Buyer shall promptly execute those documents at Dealer's request. 10. Security interest, Buyer hereby grants to Dealer a security interest in the vehicle purchased under this Agreement until such time as the entire purchase price has been paid in good funds. This security interest includes a security interest in the vehicle sold or any trade -in provided to Dealer by Buyer. 11. Attorney Fees and Collection Costs. If either party initiates legal action or arbitration and Dealer prevails in that proceeding, then Buyer shall reimburse Dealer for all legal expenses that Dealer incurs. including but not limited to attorney fees and costs. 12. Miscellaneous. This Agreement and the other documents executed in conjunction with the sale constitute the entire agreement between the parties. Any other prior agreements or representations are merged and integrated into this Agreement. Any verbal promises by representatives of Dealer are not valid. Any promises or understandings not specified in writing are expressly waived by Buyer. Any modification of this Agreement must be written. Buyer acknowledges that Dealer is a Colorado licensed Dealer, and that this transaction occurred in the state of Colorado and that Colorado law shall govern all disputes arising under this Agreement. In the event any portion of this Agreement is void or unenforceable, the remaining provision shall continue in full force and effect. The failure of Dealer to strictly enforce any provision of this Agreement shall not be a waiver of Dealer's rights now or in the future. 1'