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Home My Public Portal About2022.05.01 Ed Staub Petroleim Price Risk Management ProgramED STAUB & SONS PETROLEUM PRICE RISK MANAGEMENT PROGRAM This Ag reement is made this _____day of ________________2022_by and between Ed Staub &Sons Petroleum,Inc.having offices at 1301 Esplanade Ave,Klamath Falls,OR 97601 and_City of McCall_ (“Purchaser”)located at 216 Park St.McCall ID,83638_.Purchaser’s account number with Ed Staub &Sons Petroleum is ____________________________.This Agreement shall become null and void if not signed by all parties and returned to Ed Staub & Sons Petroleum, Inc. within _20_ days from the Agreement date above. Purchaser ag rees to purchase propane from Ed Staub &Sons Petroleum through the Price Risk Management Program (“PRISM”) as provided in this Agreement; I.CONTRACT DURATION, ORDER QUANTITIES & PRICE A.Purchaser and Ed Staub &Sons Petroleum agree to the PRISM volume and pricing ter ms as set forth below: PRISM Contract Type (Check One Box)Product Contract Period Location Volume (gallons per Delivery Period)Price Specific Time Period Propane 5/1/2022-9/30/2022 Donnelly 5,000 Gallons Ed Staub laid in cost + .30 cents margin/Gallon excluding all taxes Estimated Gallon Usage by Month April May June July August September October November December January February March - 1000 gallons 1000 gallons 1000 gallons 1000 gallons 1000 gallons ------ II.EXCESS VOLUMES Ed Staub &Sons Petroleum agrees to give purchaser a volume variance of +/-10%of the agreed contracted gallons.If Purchaser’s gallon volume exceeds the 10%variance during the Contract Period as stated above,Ed Staub &Sons Petroleum reser ves the right to adjust the per gallon price to the current market price on all gallons that exceed the variance allowance.Additionally, the Purchaser ag rees to purchase 100%of its propane gallons from Ed Staub &Sons Petroleum during the ter m of the Contract Period. III.PAYMENT TERMS/CREDIT Payment ter ms on product deliveries under PRISM transactions shall be in accordance with Ed Staub & Sons Petroleum’s established credit ter ms. If Purchaser does not make payments in accordance with the Ed Staub &Sons Petroleum’s established credit terms,this PRISM contract may be terminated with 7 days prior notice to Purchaser.Ed Staub &Sons Petroleum agrees to give Purchaser 7 days to cure the first Page 1 of 3 Rev 4/12/21 ED STAUB & SONS PETROLEUM. Price Risk Management Program occurrence of delinquency.If Purchaser is delinquent on more than one occurrence,Ed Staub & Sons Petroleum may ter minate this PRISM contract without further notice. IV.PREPAID DEPOSIT Ed Staub &Sons Petroleum requires a prepaid deposit of $__0__which is calculated at a rate of $__0___per gallon on _0__contracted gallons.This deposit will be applied in equal amounts against propane gallon purchases over the duration of the contract. V.APPROVED BUYER(S) Purchaser shall identify the individual(s)duly authorized to agree to the ter ms of any PRISM transaction.By signing below,Ed Staub &Sons Petroleum and the purchaser agree to the ter ms of the contract as stated on page 1. Ed Staub & Sons Petroleum, Inc. Location:_13872 hwy 55 McCall ID, 83638_ Presented By:_Logan Staub __ Approved By:Logan Staub ___ Approval Date:__5/1/2022_____ _______________________________________________ (Purchaser – Full Legal Name) By:___________________________________ Printed:_____ Title:___________________________________ Additional Purchaser Signatures By:___________________________________ (if necessar y) Printed:_____ Title:___________________________________ By:___________________________________ Printed:_____ Title:___________________________________ Page 2 of 3 ED STAUB & SONS PETROLEUM. Price Risk Management Program For Office Use Only List of tanks covered by PRISM Page 3 of 3 Ed Staub & Sons Petroleum, Inc. COMMERCIAL APPLICATION FOR CREDIT Please check all that apply PLEASE COMPLETE ALL FIELDS IN THE FORM BELOW (Incomplete application may delay the account setup process) Company Name: ____________________________________________ Federal EIN, (not SSN): _______________________ Street Address: ________________________________________ City: ________________ St: _____ Zip: _____________ Mailing Address: _______________________________________ City: ________________ St: _____ Zip: _____________ Phone #: __________________________ Fax#: _________________________ Cell #: __________________________ Email Invoices: AP Email: ____________________________________________ AP Phone #:____________________ PRINCIPAL OWNERS or OFFICERS: (ALL info is required to open an account) Last Name: __________________________ First Name: _______________________ MI: ______ Title: _____________________ SSN: _____________________________ Date Of Birth: ____________________ Cell Number: _____________________________ Last Name: __________________________ First Name: _______________________ MI: ______ Title: _____________________ SSN: ______________________________ Date Of Birth: ____________________ Cell Number: _____________________________ PRIMARY BANKING REFERENCES: Bank Name:______________________________Checking Acct. #__________________________ Phone #______________________ Bank Address:____________________________City:____________________________ State:________ Zip Code:________________ CREDIT REFERENCES: (Use established credit only, not personal references. Please use local business credit if possible) Business Name: ________________________________ Fax #: ___________________________ Account #: _____________________ Business Name: ________________________________ Fax #: ___________________________ Account #: _____________________ Business Name: ________________________________ Fax #: ___________________________ Account #: _____________________ AUTOMATIC PAYMENT AUTHORIZATION AGREEMENT: To sign up for automatic payment for all invoices when due, please furnish the information below and sign the agreement: EFT We hereby authorize Ed Staub & Sons to initiate debit entries to our account at the depository below: Bank Name:___________________________________ Routing No:______________________ Account No: _______________________ Credit/Debit Card (not eligible for Truck and Trailer Fuel) Name on Card:_____________________________ Card # _________-_________-_________-_________ Exp. Date: _______/________ EFT Payments are processed on the 10th and 25th of each month, credit/debit card payments are processed every 5 days This authority is to remain in full force and effect until Ed Staub & Sons has received written notification from me in such time and manner to afford Ed Staub & Sons and their depository a reasonable opportunity to act on the notification. I authorize Ed Staub & Sons to initiate payments when my acc ount balances become due based upon Ed Staub & Sons credit terms. By signing below, the applicant agrees to the terms and conditions set forth in the Automatic Payment Authorization Agreement: Print Name:____________________________ Signature:___________________________ Title:________________________ Date:______________ Requesting Charge Account For: Propane Fuel Cards* Heating Oil Truck & Trailer Fuel Lubricants Bulk Fuel *Additional Documentation Required Credit Limit Requested: $____________ City of McCall 82-6000223 216 E Park St McCall ID 83638 same 208-634-7142 208-634-3038 xx ap-city@mccall.id.us 208-634-8947 US Bank x 905 N 2nd St McCall ID 153301E+11 208-634-2281 83638 CREDIT AGREEMENT – PLEASE READ AND SIGN BELOW 1.TERMS OF SALE: Payment for all PRODUCTS AND SERVICES is due the 10th of the month following the TRANSACTION DATE, unless otherwise specified by Ed Staub & Sons Petroleum (hereafter “Company”). Billing frequency may vary by invoice, product, amount or billing division. Acceptance of payment(s) for past due amounts shall not affect the terms of this agreements. All payments shall be in U.S. dollars. 2. CREDIT WITHDRAWAL: Accounts may be placed on hold or on a COD/cash only basis at the Company’s option without advance notice. In no event shall the Company be liable for any consequential damages or other loss which may result from the exercise of its option under this clause. 3. COSTS AND ATTORNEY FEES; CHOICE OF LAW; CONSENT TO JURISDICTION: Applicant will pay such costs, collection agency commissions, expenses and reasonable attorney fees (including at trial and on appeal) as Ed Staub & Sons may incur in any manner of collection of any sums past due. If this application becomes the subject of any suit, arbitration or other proceeding or if Applicant becomes the subject of any bankruptcy proceeding (including with respect to any motion for relief from the automatic stay, objection to a plan or reorganization or confirmation or other similar proceeding), the prevailing party will be entitled to its costs and attorneys’ fees, whether incurred in such proceeding or in any post judgment proceeding. Idaho law, without resort to its choice of law provisions, will govern. The parties consent to the nonexclusive jurisdiction of any venue in any state or federal court located in Ada County, Idaho or Valley County, Idaho. 4. SERVICE CHARGES: Should payment for any billing sent by Company to Applicant not be received within the invoice terms, Applicant agrees to pay as a service charge a payment equal to one and one-half percent (1 ½%) per month on all principal balances outstanding. Minimum finance charge $.50. Pending credits from product returns, exchange or otherwise shall not be deemed payment unless and until such credits have been approved and are reflected on Customer’s invoice or statement. 5. LIMITATIONS ON DAMAGES, STATUTE OF LIMITATIONS: Company’s sole liability for breach of this warranty will be to repair or replace any defective goods or petroleum products and then only if Applicant gives company written notice specifying in detail the nonconformity or defect within 30 days after the date of the invoice and Applicant returns the goods to Company, Company will not be liable for any loss of profit, interruptions of business or any other special or consequential or incidental damages suffered or sustained by applicant, whether arising under contract, tort or any other theory. Any action for breach of contract must be commenced within one year from the date of delivery of the goods. 6. FORCE MAJEURE. If a delivery date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster or any other event beyond Company’s reasonable control. 7. SECURITY AGREEMENT. To secure payment and performance of all Applicant’s current and future obligations to Company, Applicant grants to Company a security interest in all inventory and equipment that Applicant has purchased or will at any time in the future purchase from Company and in all accounts, other forms of receivables, documents, returns and general intangibles that are related in any way to such inventory and equipment. A copy of this application may be filed as a financing statement in which case Applicant is the debtor and Company is the secured party. Applicant grants Company a purchase money security interest in any goods Applicant purchases until purchase price is paid in full. Applicant shall perform all standard acts which may be necessary to perfect and assure retention of such security interest in Company. Applicant agrees that Company shall have all rights and remedies of a secured party under the Uniform Commercial Code. 8. WAIVER. The failure by Company to exercise rights or privileges conferred herein shall not constitute a waiver of Company’s rights at any time thereafter to enforce such terms. Applicant hereby acknowledges understanding and acceptance of the above terms and conditions of sale and authorizes investigation of any and all sources listed on this application as well as such credit bureau reports Ed Staub & Sons Petroleum may desire for the establishment and maintenance of a credit account. The undersigned certify that the information presented on this application is true and complete. Authorized Signature-Owner or Officer Only Name & Title (Printed) Date _____________________________________ _______________________________________________ ________________ INDIVIDUAL PERSONAL GUARANTY: In consideration of the extension of credit to the above named applicant, and to induce the extension of credit, the undersigned do(es) hereby personal guaranty as an individual and not in his/her corporate capacity the applicant, the prompt payment when due of every claim, account, past due service charge or money due which may currently exist and/or hereafter arise in favor of the Ed Staub & Sons against the applicant named. This is a continuing guaranty and shall remain in force until revoked by me (us) by notice in writing to the benefit of, as the circumstances may require, not only to the immediate parties hereto but their respective heirs, executors, administrators, personal representatives, successors in interest and assigns, as well. This obligation shall cover the renewal of any claim, account or money due guaranteed by this instrument or extension or time payment thereof, and shall not be affected by any surrender or release by the Company of any other security held by it for any claim hereby guaranteed. Company may release one or more guarantors, add or reduce the interest charged to applicant and add to or reduce the credit limit of applicant without affecting the obligation of guarantor(s). The undersigned further agree(s) to pay any and all reasonable collection agency, attorney and/or courts costs whether or not action is instituted for collection thereof, and if action is instituted for collection, such reasonable attorney fees as the court may award, including any attorney fees on appeal. I/we agree that jurisdiction and venue for any suit or action to enforce the terms of this agreement shall be brought in Klamath C ounty, State of Oregon. The undersigned consent(s) to Ed Staub & Sons obtaining their consumer credit report for the purpose of evaluating credit worthiness in connection with this credit application. Individual (NO TITLE) Guarantor #1 Print Name____________________________ Signature __________________________ DOB____/____/____ SS# _________________Date_____/_____/_____ Individual (NO TITLE) Guarantor #2 Print Name____________________________ Signature __________________________ DOB____/____/____ SS# _________________Date_____/_____/_____ VISIT WWW.EDSTAUB.COM TO SIGN UP FOR ONLINE ACCOUNT MANAGEMENT & ONLINE PAYMENTS For Office Use Only Terms:_______________________ Office Location:__________________________________________________ 13872 ID-55, McCall, ID 83638 Phone: 208.634.3833 Linda Stokes, Treasurer 05-04-2022