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HomeMy WebLinkAboutAgreement_General_2/13/2020_Bernsten International Inc.Village 345 Tequesta Drive Tequesta, FL 33469 Utilities Department Memorandum To: Jeremy Allen, Village Manager 561-768-0700 www.tequesta.org From: David Tinoco, Water Distribution and Storm Water Superintendent Subject: Berntsen International, Inc. Credit Application Date: January 28, 2020 The following Agenda Item references a Credit Application from Berntsen International, Inc. Berntsen International, Inc. requires the Village of Tecluesta to complete the Credit Application in order to purchase from this company. Berntsen International, Inc. sells survey markers which are utilized to mark water mains, stormwater mains and the Village's fiber optic line. David Tinoco Superintendent Water Distribution and Storm Water Village of Tecluesta Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Kyle Stone BERNTSEN INTERNATIONAL INC PO BOX 8670 MADISON , M 53708-8670 CREDIT APPLICATION PLEASE PRINT OR TYPE TYPE OF BUSINESS FIRM Name: Phone Number Area C4dQ. Village of Tequesta -5q1 -768-0484 Address - Stmet Address City State 23p Code y crass Tequesta Drive, Tequesta, FL 33469 1 EstaX-Jicd 62 Name and -rifle of Company Partner Owner Officer Pdnclpal Jeremy Allen, Village Manager 0 Tax Taxable Tax Exempt Federal "Phone Number Atea Code Status El El ldenfifica6on # 59-60"081 561-768-0482 Name and Try of Person Annual Sales Authorized to Purchase David Tinoco Volume 9urm & Zm4:isitoat Number. Number of Purchase 0 rdn m �Mll Ctinllis Yes No Employees: A) Purchases El 1:1 WE OPERATE AS Lj AN INDIVIDUAL A PARTNERSHIP [::] A NON-PROFIT ORGANILZATION Lj A CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF . IF INDIVIDUAL OR PARTNERSHIP, FILL OUT PERSONAL HISTORY SECTION, THIS COMPANY IS/ ��(�daon�e)O�WNE�DOR �CQN�TRO�LLED �E3Y A PARENT COMPANY. IF OWNED BY A PARENT COMPANY. ENTER IN THE BLOCKS BELOW THE NAME AND MAIN OFFICE ADDRESS OF THE PARENT CC MPANY. Parent Company Nam (if reqLdred from above) :1arent Comparvy Main Addms Accounts Payable Contact - Name Aczounts Payable Phone Number Keffie Citfi 561-768-0426 A=unts Payabte Ernwl Addrew- kcitfi@tequesta.org imccorkle@tequesta.org BANK REFERENCE ICREDIT LIMIT REQUESTED. $ OF BANK ELANK PHONE NUMBER TO Bank 561-838-2245 kDDRESS-STREET CITY STATE ZIP CODE BAND ACCOUNT NUMBER 2130 Centre Park West Drive. WPB, FL 33409 1 CREDIT OR TRADE REFERENCES To speed the appmval process, please be sure that all references am cur nt and have valid contact names CREDITOR OR FIRM NAME ADDRESS ACCOUNT NO. Advantage Bundling 2228 Page road Ste 103, Durham, NC 27703 IPHONE. CONTACT NUMBER FAX 1 866-286-3546 CREDITOR OR FIRM NAME ADDRESS ACCOUNT NO. Nozzle Nolen 341 01dDLxis Hwy. Tequesta. FL 33469 CONTACT PHONE NUMBER FAX 561-746-3-928 CREDITOR OR FIRM NAME ADDRESS ACCOUNT NO. Public Super Market P.O. Box 32009, Lakeland, FL 33802 CONTACT PHONE NUMBER FAX 1 1 877-333-7585 1 —j Signature and Customer Agreement: Applicant hereby certifies that the information containeid hertain is complete and accurate to the best of nrry knowledge. This Information has been furnished with the understanding that it is to be used to detenWne the amount and condftns of the credit to be extended. Furthermore, I hereby authorize the ffnand2l Institution s and trade references listed In this credit application to release necessary informadon to the company for which credit Is being applied for, in order to verify the informaUon contained herein. Applicant understands that Bemtsen Internabonal, Inc. will retain this applic-abon whether or not credit is approved. If approved, FIRM (or Individual. if no FIRM is named) named above agrees to pay within 30 days of invoice date, and accepts all Terms & Conditions on next page. I Name: lAuthodzianature: . ) -e TERMS AND CONDMONS t. PRICE, TAXES: THE PRICES OF THE PRODUCTS SPECIFIED HEREIN ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO PRICES IN EFFECT ATTHE TIME OF EACH SHIPMENT. In addition to the prices speclRed herein, the amount of any present or future tax applicable to the sale, purchase, manufacture, delivery, use, handling or consumption of products or services hereunder shall he pail by the BUYER. Z DELAYS, ALLOCATION: SELLER shall not be liable for any failure or delay In delivery due In whole or in part to fires, floods, accldents, riots, denrnornstradons, acts of Gad, declared or undeclared war, strikes or other labor difficulties, shortage or unavailability of fuel, power, raw materials or supplies, production breakdowns, delay or failure of usual sources of transportation, reguirernents or requests of any govenunent or subdivision thereof or acts, deimands, orders, or interpositions of any g+aventment or any subdivisian thereof or agent thereof which makes perf mnance commerdally impracticable or any other cause beyond the SELLER'Scontrol. Under any such circumstances SELLER shall have such addlWonal time within which to perform this contract as may be reasonably necessary and may, without nability for any falhrre to perform the contract, alk=te Its available supply among any or all BUYERS, including subsidiaries, ai`filh tes and departrnents of SELLER. In such a rnaraw as SELLER, In Its sole diseretian, may select. SELLER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR FAILURE OR DELAY IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE VMTSOEVER. 3. WARRANTY: SELLER warrants that all products sold hereunder shall be free from defects In materials and worfonanship and shag conform to the descriptlon and sp cons on the fate product invoice. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING THAT OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR APPLICABLE PRODUCT WARRANTIES PUBLISHED AND SO DESIGNATED BYSELLER. BUYER shall natify SELLER immediately of any defective product or products not meeft specificatiorm SELLER will he given a reasonable opportunity to Inspect the goods prior to return. No product may be returned by BUYER until after receipt by BUYER of written shipping Insb odors BUYER'S REMEDY AND SELLER'S LIABILITY SHAD BE LIMITED SOLELY TO REPLACEMENT AT ORIGINAL POINT OF DELIVERY, REPAIR OF, OR REFUNDING THE PURCHASE PRICE OF ANY DEFECVWE PRODUCT OR PRODUCTS NOT MEETING SPECIWAT'.ONS, AT SELLER'S OPTION. SELLER SHALT. NOT BE LIABLE FOR MY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ANY COURSE OF DEALING BETWEEN THE PANTIES TO THE CONTRARY NOTWITHSTANDING, ANY CLAIM FOR BREACH OF WARRANTY OR INEGL.IGNECE, FAMURE OR DELAY IN DELIVERY OR OTHE 41SE SHALL BE DEEMED WANED BY BUYER UNLESS PRESENTED IN WRITING TO SELLER WITHIN SIXTY (61)) DAYS FROM DATE OF DELIVERY UNLESS MODIFIED BY THE GENERAL PRICE DATATERMS FOR THE APPUCA13LE PRODUCT. THE -PRICE STATED FOR THE PRODUCT LS A CONSIDERATION IN UMITING SELLER'S LIABILITY. 4. CREDIM PAYMENT TE1141AS: Irddal terms of payment shag be as set forth on the face of product invoice. Rern t mces shall be as crwected by SELLER BUYER agrees that payment to a bank or deposlimy eles€gnated by SELLER shall rat constitute payment in full ar a Erna! settlementER'S of BUYa000usrt untilaccepted as such by SELLER notwithstanding any language to the contrary on BUYER'S check, draft or other order. THE MAXIMUM LAWFUL SERVICE CHARGES are appEcable to unpaid Invoices from the due dates thereof. BUYER agrees to pay SELLER'S cost of collection, If any, on overdue Invoices, buluding reasonable attomey's fees. If the financial respons Icy of BUYER Is unsatisUctory to SELLER'S Credit DepartmeM becomes knpalred, or If BUYER fails to make any payment In accordance with the terms of this contract, SELLER may at its sole option defer or dedhte to make any shipment hereunder except upon receipt of security satisfactory to SELLER or cash payment In advance of dellvvery, or SELLER may terrreinate this contract, In which event all remaining unpaid amounts arising from this, as weft as any other cc: Itract(sI will Im- - - - y become due and payable. S. TITLA RISK OF LOSS* Title to products produced and shipped hereunder and risk of lass shall remain in SELLER until delivery Is made In aavardarrce with Paragraph 10 herein. if pry are held or stored by SELLER at the request of the BUYER, tale shag transfer to BUYER upon SELLER'S rec 1pt of paymertt of Invoice. If BUYER'S credit at any tone becomes unsatiffattory to SELLER as provided in Paragraph 4 hereof and SELLER declines to ntalm shipments except upon receipt of satisfactory security or cash payment adwanea, title to the products shall not transfer to BUYER until such security or cash payments are received by SELLER. The same dwi1 apply to SELLER*S Invoice for raw materials or goods In process which SELLER elects to sell pursuant to Paragraph 13 herein. ANY INSOLVENCY PROCEEDING IS CONCLLISM PROOF THAT THE BUYER'S CREDIT IS UNSATISFACTORY. G. INFRIN TIT: Products sold hereunder may be used and resold without further permisafon with respect to SELLERS proprietary rights (patents„ trademarks, copyrights and trade secrets), but no other license Is granted render said rights. SELLER agrees to bukaugfV, save harmless and defend BUYER against aD claims of proprietary rights infringement under United States law because of SELLER'S OR BUYER'S manufacture, use or sale of any product sold finder, In the form so sold, except any product which Is marndfactured or sold by SEI I R to meet BUYER'S specifications or r tttrernents and Is not part of SELLER'S standard line offered In the usual course of business. In the case of such excepted product BUYER agrees to Indemnify, save harmless and defend SELLER ag*ist all such dabs of Infringement. If any product sold hereunder shag include printed or graphic matter approved by BUYER, Irrespective of the origin of the matter, BUYER agrees to indemnify, save harmless and defend SELLER with respect to claims of Infringement of proprietary rights or of unfair competition because of such matter. If the BUYER uses or sells abroad any product sold hereunder BUYER agrees to Indemnify, save harmless and defend SELLER against any charge of Infringernmt of any foreign proprietary rights concerning the product. 7. ADVtM BY SELLER: SELLER'S giving or fAng to give any technical or other advice shall not Innpose any liability on the SELLER. 8. SHIPPING TOLERAUM The total order and each delivery hereunder shall be subject to SELLER'S pied shipping tolerances In effect at times of delivery. If the products covered hereunder are not listed In the SELLER'S pubilcadons, then the Natal order and each delivery shall be subject to a shipping tolerance plus or minus 1m 9. EQUIPMENT. Any equipment (Including dies. tools, printing plates or cylinders, etc.) which SELLER constructs or acquires solely for use in the production of products ordered hereunder shall be and remain SELLER'S property and SELLER'S sole possesslan and control Any chwges made by SELLER therefor shag be only for the use of such equipment and shall confer on BUYER no right of any kind with respect to such equipment. When SELLER has riot made shlpmwa to BUYER for products to be made with such equWmmnt for a period of one year, then after 30 days written notice to BUYER, SELLER may make such dlspositian of equipment as it considers appropriate. Until the expiration of any such one year period, SELLER shall deep such equipment available for the production of products by SELLER for BUYER. 10. DELIVERY TERMS: Deriveny Terms, as stated on the Invoice, are defined as follows: FOAL DESTINATION: SELLER will bear transportation charges to the SHIP TO location served by common carrier where BUYER or his designee takes custody of the products, when custody is taken at a point within the United States, excluding Alaska and Hawaii. If SELLER permits BUYER to designate route, method or agency (common carrier only) of transportation, BUYER will be Involced for the difference between the transportation charges incurred by SELLER and an amount determined by rnuttlplying the qu w tity shipped by the lowest available rate, whether carload ar truckload. No transportation allowance will be made for BUYER p# at any point. F.O.B. SAPPING POINT: BUYER" bear all transportation charges, and he or his designee will take custody of the products at the SHIPPING POINT OTHER DEUVERYTERMS are as stated on the face of each kwoke and as further defined In SELLER'S price catalm- ALL DELIVERY TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE TO THOSE IN EFFECT AT THE TIME OF SHIPMENT. IL EARLY SHIPMENT: SELLER reserves the right to ship up to 14 calendar days prior to the Estimated Shipping Schedule. 1L DEFERRAL OF SHIPMEK., BUYER may defer the shtpment of products for a term agreed to by both parties in writing If such an agreement is reached prior to scheduled shipmernt. Products shall be Irrvoic:€d immediately and shall carry a storage charge to be billed nzond*. BUYER assumes all risks of product deterioration that might occur beyond 30 days from the originally scheduled shipping date. Upon advance written notice to SELLER, 8MR may Inspect any held material within 10 days of receipt of invoice. FAILURE TO INSPECT SHALL CONSTITUTE A WAIVER OF ANY RIGHT TO REJECT SHIPMENTS AT A LATER DATE ON THE MIS OF PRODUCT DETERIORATION. 13. CANCELLATION: Upon acceptance of a written cancellation notice from BUYER, SELLER w111 cancel the order as instructed; however, SELLER shall have the right to continue the processing of the materials or articles to the point at which the processing can be hafted with the least Inconvenience to SELLER under the cir urnstar=s. Cancellation charges shall be invoiced to the BUYER. 14. WAIVERS: No waiver by SELLER of any breach of any provisions hereof shall constitute a waiver of any other breach or of such provision. SELLER'S failure to object to provisions c mulned In any commur t Won from BUYER shall not be deemed an acceptance of such provisions or as a waiver of the provisions of this contract. PUBLIC RECORDS. In accordance with Sec. 119.0701f F1 ori da Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Flo-rida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, F1 ori da Statutes, and other penalties under Sec. 119.1of Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the ,L- Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public .records to -L--,-he Village upon completion of the Agreement, the that are - CONTRACTOR shall destroy any duplicate public records -LL- exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Viliage's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR' S DUTY TO PROVIDE PUBLIC RECORDS RATING TO THIS AGRE NT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VIL GE, AT (561) 768-04401 OR AT lmcwilliams@tequ_esta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTAf FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses.