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HomeMy WebLinkAboutAgreement_General_5/11/2023_Hoover Architectural ProductsWinner of over 80 Hoover Ccrnvus Products Co., DBA Serving all of South Florida National and HOOVER Since 1949 International Awards ARCHITECTURAL PRODUCTS Ft. Lauderdale Office Palm Beach Location 844 NW 91h Avenue ` _ m' 5107 N. Australian Avenue Ft Lauderdale, FL 33311 --------- -- West Palm Beach, FL 33407 954-764-1711 Proposal 561-844-4444 www.HooverAP.com INVOICE TO PROJECT NAME Village of Tequesta Constitution Park Shade Covers STREET STREET 345 Te uesta Drive 399 Seabrook Rd. CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE Te uesta, FL 33469 Te uesta, FL 33469 PHONE CONTACT EMAIL CELL 561-301-8980 Kenneth Kandefer kkandefer@tequesta.org PATTERN NBR. VALANCE SCALLOP BRAID 777n/a TRIM PAINT FRAME Mesh n/a n/a n/a n/a TIME & MATERIALS PROPOSAL Re -install two (2) tensioned shade sails which were removed and stored by customer. Work to be performed on a Time and Materials basis. Rates for two men and a truck are as follows: $225.00 for the first hour (travel included) and $185.00 for every hour thereafter. Hoover Architectural Products cannot be held responsible for condition of stored fabric sails. Proposal assumes all original hardware is supplied to Installers by the Village. Over time, awnings experience a great deal of environmental hardship from day-to-day exposure to the elements. This exposure may cause the awning cover to fade and lose color, become brittle and hard or even lose material surface from what is known as "plasticizer migration". Given these conditions, we know that removing a cover that has aged may result in any combination of the following conditions: "pinholes". cracks, small tears, wrinkles and/or "crazing". In addition, once older awning covers are removed from the frame, they tend to readily attract dirt, smudges and marks. Therefore, if your awning cover has outlived its life expectancy and we remove it from the frame for storage, cleaning and/or maintenance, we cannot guarantee or provide remedy against the above possible conditions. A Proposal in excess of $5.000.00 will not be binding on Hoover until signed by an executive officer. PRICE T & N1 PERMIT HIS IS A LUMP SUM CONTRACT UNLESS OTHERWISE STATED. e Propose hereby to furnish material and labor as described above. ENGINEER Proposal in excess of $5,000 will not be binding on Hoover until signed by an executive officer. Sales Person: Timothy Whipps Date: 04/07/2023 TOTAL Email: tim a hoovercanvas.com Date: DEPOSIT Hoover AP Exec: BAL DUE Payment Terms: 50% Down, Balance upon completion CUSTOMER CANVAS AND VINYL AWNINGS WILL WRINKLE. Acceptance Proposal- The Jeremy Allen of above prices, specifications PRINT NAME and conditions on the reverse side hereof are satisfactory and re hereby accepted. You are authorized to do the work as SIGNATURE V✓�—�- DATE 4-10-23 specified. Payment will be made as outlined above. I OWN THEt � PERTY YES � NO BC1258905 C.C.#77-76-AE U-15047 C.C.#1630 • I ne - I tKIVls ANU GUNUI I IUN6 OF t MIS SALE' accompany, and are part of, this proposal • PLEASE RETLRNS/GNEDOR/GIAAL UPON ACCEPTANCE TERMS AND CONDITIONS OF THIS SALE 1. Hoover Canvas Products Co., (hereinafter 'Hoover' or "we') hereby warrants all materials to be as specified and that all work shall be performed in a workmanlike manner, according to accepted standard practices. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER AGREEMENTS, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED. HOOVER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 2. "Customer" or "you" understands that all vinyl coated and fabric materials will expand and contract when exposed to changing temperatures and weather conditions. These materials may be used to construct awnings, trim, and binding and Hoover cannot warranty these materials against wrinkling and shrinkage. Any necessary sewing or stitching of material will be done with white thread. 3. Acrylic material is not waterproof. It has a tendency to leak when wet. (Sunbrella, etc.) Customer shall have a pro rated warranty on fabric, whether manufactured from vinyl -coated fabric or other fabric types, provided the awning has been maintained and cleaned regularly. The Customer's failure to maintain and clean the awning regularly could result in the fabric not meeting its intended life expectancy and voiding this warranty. Hoover recommends cleaning every three months. 4. Lateral arm awnings ("Retractable Awnings") are designed for sun protection only, not for rain protection. Hoover cannot warrant Retractable Awnings against collapse or damage resulting from rain, severe weather, or winds in excess of 30 m.p.h. During such time, the Customer is advised to keep these awnings retracted. Hoover recommends that Customer use only acrylic fabric with Retractable Awnings, use of any other fabric voids Hoover's warranty. Motion/wind sensors do not, in anyway, guarantee against damage from winds in excess of 30MPH. 5. Hoover shall not be responsible for loss or damage to Customer's business or property or injury or death to persons. For any risk, liability or responsibility assumed by the Customer and/or Owner under this Contract, or disclaimed by Hoover under this Contract (collectively, the "Assumed Risks"), the parties acknowledge and agree that: a] some of the Assumed Risks may be covered under insurance held by the Customer or the property owner; b] Hoover shall have no liability (in contract or in tort) to the Customer, property owner and/or third parties for any of the Assumed Risks, regardless of whether Hoover takes any action to avoid, limit or remedy any of the Assumed Risks; and c] such action or inaction on the part of Hoover shall not constitute a breach of this Contract or of any duty of care owed to the Customer, a property owner or third parties. Notwithstanding any other contrary provision in the Contract, Customer agrees to indemnity, hold harmless and defend Hoover from and against any and all claims, obligations, demands, damages, causes of action, liabilities, losses, and expenses, including reasonable attorneys' and expert fees, whether now known or hereafter known, foreseen or unforeseen, attributable in whole or in part to the Assumed Risks (the "Indemnity").This Indemnity shall be capped at $1 million dollars (US) and is given to Hoover in consideration for the warranty offered by Hoover hereunder (if applicable) and/or for the job pricing, which would be higher absent the Indemnity. 6. The parties agree that Customer's sole and exclusive remedy against Hoover shall be for the repair or replacement of any awning materials, which are defective when delivered. In no event shall Hoover be liable for direct, indirect, special, incidental or consequential damages (including loss of profits) whether based on contract, tort or any other legal theory. Any defects or discrepancies in the awning materials as delivered or installed must be reported to Hoover within twenty (20) days after the Customer receives the awning materials or it will be conclusively presumed that the awning materials were as ordered and were received in good condition. Notice to Hoover of any defects, discrepancies or objections must be delivered in writing via certified or registered mail to the address shown on the face of this agreement. 7. It is hereby expressly provided that although the said materials have been hereinbefore described, the materials delivered by Hoover hereunder shall be deemed to correspond with their description, when they correspond with the sample which has been produced to, examined and selected by the Customer. Since aesthetics is an important factor in our industry and since Hoover's services are essentially to transform canvas and metal into pleasing designs, it is sometimes necessary to alter Customer's layout and/or specifications to make them conform to available materials, acceptable tolerances and engineering or regulatory constraints. Hoover reserves the right to make such changes. Hoover also reserves the right to cancel this contract if engineering changes required by a governmental entity or permitting authority increase Hoover's materials and/or labor costs by more than 5%. Hoover is not obligated to advance any permitting or engineering fees on Customer's behalf. 8. Hoover will not be responsible for the usefulness of any frame not built or installed by us, unless we are authorized by the customer to rebuild same to Hoover's specifications. Hoover does not warrant against water leaks where awning meets wall when existing frames are recovered, unless such leaks are listed and addressed on contract. All awning materials used by Hoover have been treated with a mildew inhibitor. Mildew is micro -organic bacteria, which can grow on any material, metal, glass or plastics, BUT WE OFFER NO GUARANTEE WHATSOEVER THAT MILDEW WILL NOT OCCUR. 9. It is hereby expressly acknowledged, understood and agreed that this is a contract for a special order of custom fabricated goods and materials and the Customer cannot alter, revoke or cancel the same without the specific written consent of Hoover. 10. The estimated delivery date of this order is subject to contingencies beyond the control of Hoover, including, but not limited to fires, strikes, lockout, inability to secure material, labor or transportation, inclement weather, accidents, Acts of God and unavailability of the Customer. In the event of the occurrence of such contingency, the estimated delivery date shall be extended by equal duration to the extent of the duration of such contingency. 11. Customer agrees to pay Hoover the full balance of the purchase price immediately upon completion and delivery of the material and work to the Customer and time of such payment shall be of the essence. No back charges will be accepted. Hoover shall retain title to all goods pending receipt of the entire purchase price. 12. The Customer covenants and agrees that upon his default by the failure to pay any part of or the entire purchase price when due, or otherwise, Hoover shall, at its option, have the right to: A. Without judicial action, take possession of all said property and all payment made by the Customer up to the time of said default shall be applied as rent and depreciation on said property for and during the time the property is in the Customer's possession. Permission is granted to re-enter the property to remove said property; Hoover is granted permission to re-enter the Customer's land or structure to remove said property; and/or, B. Bring legal action to collect all monies due Hoover under the terms of this agreement; and/or, C. Enforce and foreclose a lien against the said property without further notice to the Customer; and/or, D. Void any warranties and pursue any other remedy available to said company in law or in equity. 13. The Customer covenants and agrees to pay reasonable attorney's fees and costs to Hoover in the event Hoover incurs such fees and costs in enforcing its rights under the terms of this contract, including attorney's fees incurred in obtaining and enforcing a judgment and/or pursuing on defending an appeal. Any legal action brought by either party shall be governed by Florida law and, shall, at Hoover's election, be brought in Broward County, Florida, or a different county if necessary to enforce Hoover's lien rights or other remedies. 14. This proposal by Hoover shall expire thirty (30) days after date of issue, but is subject to withdrawal during such time if notice to that effect is given before written acceptance by the Customer. The only terms of the agreement between the Customer and Hoover are those set forth in this document, and these terms may be changed or modified only by a writing signed by both parties. 15. After acceptance of this proposal, any delay by the purchaser may result in a change of price corresponding to any change in the cost of labor or raw materials. 16. A charge of 1-1/2% per month or fraction thereof (18% per annum) shall be added to all delinquent accounts. 17. Occasionally after installation, "pinholes" can be found in the awning cover. This is not a result of fabric quality, and does not affect the long-term performance of your awning cover. Should this occur, we will address the pinholes to keep water from coming through your awning cover. Once we have addressed this issue, we guarantee, that your awning cover will not fail as a direct result of the original pinholes, for a period of five (5) years from the date of installation. 18. Over time, awnings experience a great deal of environmental hardship from day-to-day exposure to the elements. This exposure may cause the awning cover to fade and lose color, become brittle and hard or even lose material surface from what is known as "plasticizer migration". Given these conditions, we know that removing a cover may result in any combination of the following conditions: "pinholes", cracks, small tears, wrinkles and/or "crazing". In addition, once awning covers are removed from the frame and reinstalled, they tend to readily attract dirt, smudges and marks. Therefore, if we remove awning cover from the frame for storage, cleaning and/or maintenance, we cannot guarantee or provide remedy against the above possible conditions. Any awning taken down, regardless of age, will get extremely dirty and Hoover Canvas Products cannot be held responsible for this occurrence. We recommend that awnings be thoroughly cleaned prior to any work being done, requiring awnings to be taken down. 19. Concerning warranties for jobs outside of Dade, Broward, Palm Beach and Martin counties. Hoover will not be responsible for any expenses incurred by Hoover to bring Hoover's labor, to and from the job site, or to bring the awning(s), to and from Hoover, including (without limitation): airfare, room and board, taxi's, rental cars, taxes, duty, labor cost to and from the job site, etc. 21. Customer acknowledges receipt from Hoover of exhibit "A" called "Statutory Disclosures*. Customer's signature: Date: 5 1�_/ PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida 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, Florida 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, Florida Statutes, and other penalties under Sec. 119.10, 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 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 the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are 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 Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, 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. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."