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HomeMy WebLinkAboutAgreement_General_8/10/2023_Peninsular Electric DistributorsVillage 345 Tequesta Drive Tequesta, FL 33469 of Tequesta Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Peninsular Electric Distributors, Inc. Date: July 18, 2023 561-768-0700 www.tequesta.org The following agenda item is a standard credit application with Peninsular Electric for the purchase of electric supplies. Completing this credit application is not a guarantee of expenditures. Purchases are made on an as needed basis, based on needs and available funding in each Department's respective budgets. Doug Chambers Director Department of Public Works This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: nttps://bit.ly/3mnfeU4 MEMBER PENINSULAR ELECTRIC DISTRIBUTORS, INC. !MARK 1301 OKEECHOBEE ROAD Group, Inc. WEST PALM BEACH, FLORDIA 33401 Phone : 561-832-1626 Fax: 561-832-7267 CREDIT APPLICATION The legal name of our business is: Village of Tequesa Type of business operated: Govemment Our business Is a: ❑ Individual / Proprietorship ❑ Corporation ❑ Partnership State Llc. #: Fed Tax ID #59-6044081 S.S. J1:_ Physical Address: 345 Tequesta Drive, Tequesta, FL 33469 Mailing Address: 136 Bridge Road, Tequesta, FL 33469 MEMBER NASD FOUNDED 1903 WHOLESALE ONLY Tel. #: 561-768-0700 Emafl: imcorkle@tequesta.org Tax Exempt 0 Yes ❑ No If yes, enclose tax exempt certificate Accounts Payable Contact: Janet McGodde,551-768-0482 List Owners, Parbters, or Officers with S.S. #, address, home phone #, and title / position: Estimated monthly charges: Purchase order required: ❑ Yes ® No Monthly Statement Required: ❑ Yes ® No ❑ lnvoices ❑ Statentettts ❑ Faxed or ❑ Emailed to: imccOf(t1e@teq11eSta-org You may request credit information from the following banks and suppliers BANK ADDRESS ACCOUNT NUMBER TD Bank 2130 Centre Park West Drive, WPB, FL 33490 CREDIT REFERENCES ACCOUNT NUMBER TELEPHONE/ FAX tt Advantage Bundling 866-286-3546 Terracon Services, Inc. 561-743-1079 in sgntq ftrty ApobMIli rs t (me) add awforI a MM t (ne) toile road aid frilly ruidarsr It* 5tand'snj turn and W4u m so two, U. thus 4y)kau,n ant aWn to be bound by a0 of the tera,s aal candthom let forth Ocreb>_ I (We) totbV .z,mnt ad rind way— that 1 (we) am aellrrtted to erdn Into lhh Agealnerd on betfalf of the buskren. I (We) rho agree to pay all purawsm Witter, fife taints SeL It fho dluae larims b Win, Vian an bxh*1 al, tin u knliped angle to be panvi^aIly temonvtte and fray (or any purdimm made by such buvness tauruant to fbfa ApVkafti. If R bKornes aelessmy to dfect of boro, Will I (or) and IM b dneis will pay, reasonade attbnley Fees and taut mom Interest shall be dire and p"atle at U* an egfad to Une le-W IV. U per amio, or the Wgttesb raID ps =d by bw an the WUM of NO puCloia Ilan ntroaatf unpaid A deOgnaomt of pava t is mnp*at on ptG whse msf wuposy has Won a+ t w 1. If no a0or4lon is rork faayw wall be applad to ftte oldest unpaid ladmim ids apeetnerd wQ remain to efted until a now apptlta tiorl is rnmhlid and approved by an aWnortma manager ar urcd revoked in Wnt:tq by Calmed mad or orentlpht d*My Sras47q replam d tiny srft=Xsd Change IA the leo status nI fife ArcamL I hereby auihonre PeNnbdu ev= Dlrtnuaas to aril. a Comirner aedl nurt ..id also utCW tfie serwes or CIC t7tUM to hrtaer verity my pa -Anal c4mk mfdmattmM1 the e:ormation tiermneAN Llet0t; WSUOutots obtaatt b driy to log nod n the ddnsbn rraalrq W faeerdmg CnBt 6gn, 0.nsarsuW Oetlrk Oktrtpfilns to IHS tr,div.dtral or Ras a her company- n is w,darstoat tint a copy fA flm tdrm wID abo serve ant fartrtmlra0an Ttb ar@,odra0wl sisal be vaW for the Ue of the atmurt, aid may be mitre for any adi0runi Pros of ve@t that troy be few'efant. The auttrrballon auy be M-aw at ttia dofiry or the acmunl. Date A4rtt ataed stpnhAe Dtglhlly, signed by Jeremy Allen Jeremy Allen D..; 202306.14115534-"00' We As to dlasonid vowdre. I agree to the abase terms. Spouse! blwwt� Wine pvaed flame MEMBER PENINSULAR ELECTRIC DISTRIBUTORS, INC. MEMBER !MARK Lwh ur.n OrcFECF OrIFF ROAD NASD Group Irv- W LST PALM BF:ACI i. FI.ORI DA 33401 FOUNDED 1SM FAX: 561-832-7267 WHOLESALE ONLY STANDARD TERMS AND CONDITIONS 1. PARTIES. Buyer ("Buyer) acknowledges, understands and agrees that by executing this Credit Application it shall be bound by the Standard Terms and Conditions set forth herein and that said Standard Terms and Conditions shall be enforceable against Buyer by Peninsular Electric DWMbubonr, Inc and all of Its divisions, subsidiaries, affrllates, privies, assigns, associated or affiliated companies, corporations, partnerships, successors, and Insurers ("Sellerj. The Credit Application, these Standard Terms and Conditions, each applicable Seller quotation and Seiler order confirmation shall form the sole agreement ("Agreement") under which Buyer shall purchase goods, materials and services ("Mabertak"j from Self, and acceptance of any purchase order from Buyer Is hereby made expressly conditional upon Buyer's acceptance of the terms and conditions contained herein. Any different or additional terms or conditions contained in Buyers acceptance of this offer, whether by purchase order or otherwise, are hereby objected to by Seller and shall have no effect on, and not become part of the terms and conditions of this Agreement. Additional terms, changes, and alleged subsequent agreements shall not be effective unless signed by Sellers authorized representative. 2. APPLICABILITY. This Agreement is made between Buyer and Seller. All the terms and conditions herein are intended to and shall apply to all purchases by Buyer from any entity Included in the definition of "Seller" set forth above. 3. BUYER REPRESENTATIONS. Buyer represents to Seller that as of this Agreement, it is solvent and that any financial Information provided or attached acairatety reflects the present financial condition of Buyer. If at any time Seller deems the financial conthtion of Buyer as unsatisfactory, Seller reserves the right to require payment in full in advance or other security satisfactory to Seller. Buyer further warrants and represents that It has authority to enter this Agreement and that any person signing this Agreement has been duly authorized to execute this Agreement for and an behalf cf Buyer. Each representation and the Information contained In the Credit Application Is material and given to induce the Seiler to provide credit. 4. TECHNICAL ASSISTANCE. In no event shall Seller bear any responsibility for claims arising from technical advice or assistance provided to Buyer. Advice and assistance provided by Seiler Is for Buyers guidance only and Buyer agrees to rely soley on its own architects, engineers or other technical experts. S. LIMITED WARRANTY AND LIABILITY DISCLAIMER. Seller warrants that the Materials sold under this Agreement meet solely the description and spedfirations for the same set forth In the applicable Quotation, If any, and shall be free from defects In material and workmanship for a period of one (I) year from the date of delivery thereof. No other express warranties are made with respect to said Materials. Acceptance by Buyer of the Materials shall constitute confirmation by Buyer that the Materials meet the description and specifications, If any, set forth In such applicable Quotation. The foregoing warranty is subject to standard manufacturing and color variations, eftlonscence, tolerances and classifcations. Seller is not responsible for Installation or defective conditions caused by Installation. Buyer's exclusive remedy for breach of this warranty shall be to require Seller at Seller's option, to refund the purchase price for the Materials sold hereunder, to repair or to provide Buyer with conforming replacements for any nonconforming Materials. Seiler shall not be responsible for any removal or installation costs. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WRITTEN OR ORAL WARRANTIES OR CONTRACTUAL AGREEMENTS, WHETHER EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLILTY OR HABITABILITY. Seiler warrants that the use or sale of the Materials will not Infringe on the dalms of any United States patent covering the Materials, but Seiler does not warrant against Infringement by reason of the use of the Materials In combination with other materials, goads, or mamtfacturing processes. 6. CLAIMS. Buyer's exclusive procedure for commencing claims under this Agreement against Seller shall be as follows: Notice of claims against Setter for breach of warranty or for alleged short delivery of Materials must be given to Seller promptly upon discovery and must be supported In writing wfthin severe (7) days after discovery to afford Seller an opportunity to Investigate such Balms promptly and mitigate any potential damages. Failure of Buyer to give such notice shall constitute a waiver by Buyer of its right to later make such a claim. No calm shall be allowed after the Materials purchased hereunder are Incorporated, modified or processed by Buyer in any manner. 7. LIMITATION OF LIABILITY. Setter's liability on any claim for loss or damages arising out of the supplying of any Materials to Buyer, or their sale, operation or use, whether based on contract, warranty, tart (including negligence) or other grounds, shall not exceed the price of the Materials actually recelved from Buyer by Seiler with regard to which such dalm for loss or damage is made. In no event shall Seller be liable, whether as a result of breach of contract, warranty, tort (inducting negligence) or other grounds, for spedal, consequential, Inddental, liquidate or penal damages Including, but not limited to, loss of profits or revenue, loss of use of the Materials or any associated product cost of capital, cost of substitute products, facilities, services, downtime costs, or claims of customers of the Buyer for such damages. MEMBER PENINSULAR ELECTRIC DISTRIBUTORS, INC. MEMBER /MARK U01 OLD OKEECHOBEE ROAD NAED Group, Inc, WEST PALM BEACH. F1.O111DA 33401 FOUNDED 1503 PAX: 56143:-7= WHOLESALE ONLY 8. INDEMNIFICATION BY BUYER. To the fullest extent permitted by law, Buyer further agrees that, In specific consideration fear receiving the express warranty granted by Seller in paragraph 5 above, it will indemnify and hold harmless Seller from and for any and all damages, Including attorneys fees and costs, Incurred by Seller in connecton with any claim, demand, liability, or cause of action asserted against Seller for personal injuries, loss of life, property damages, or economic losses of Buyer or its employees, agents, representatives or any other person or entity in connection with any statutory, contractual or warranty breach, negligence, strict liability, or other tortious conduct by Seller. 9. DELIVERY AND INDEMNIFICATION. Seller's responsiUlity for delivery shall cease FOB shipping point or, if Seiler agrees to deliver FOB delivery site, at the curbside or street or frontage of the address of delivery. If Buyer requires Seger to cross a curb One or enter upon private property to make delivery on site, Buyer shall be responsible to provide safe and adequate access and such delivery shall be at the risk of Buyer. Following delvery, Buyer shall be responsible for compliance with all governmental regulations and ordinances with regard to disposal, storage or placement of the same and shall indemnity and hold Seller harmless against all claims for personal injuries, inducHng death, and any damage to private or public property arising from the delivery, storage, use, disposal or handling of said Materials. Unless otherwise specifically agreed, shipments will be made only during normal business hours, but not on Saturdays, Sundays, or holidays recognized by Seller or labor unions under contract with Seger. If Buyer Is in default under this Agreement or any of its contracts or obligations with Seiler, Seller may, at its sole option and without prejudice to any of its other remedles: (I) postpone further deliveries or shipments until such default is remedied; or (ii) terminate any obligations under any contract or obligation and refuse further performance without any OabWty to Buyer. 10. DELIVERY SITE CONDITIONS. Seller reserves the right to determine whether the site for delivery requested by Buyer Is suitable for such delivery and Seller may refuse to deliver to a site if Seiler is of the opinion that the delivery would be unsuitable or unsafe. Buyer shall be responsible for all costs and damages Incurred where, in the sole opinion of Seller, adequate access for delivery cannot be obtained. Where delivery of products is to an unattended site, Seger will not be liable for any loss or damage to products, property or for unsigned delivery tickets. 11. DELAYS. if Seger is unable to complete delivery of any part of an order, Buyer shall accept such part of the order as Seger Is able to deliver and Buyer shag pay for the part delivered pro rata at the same rate as the whole of Ute order agreed to be sold and on the same terms of payment In the event Seger shag be delayed in or prevented from the performance of any act required under this Agreement, or it shall become commercially unreasonable to perform, by reason of govemmental allocations, priorities, restrictions now or hereafter In effect, storm, flood, fire, earthquake or other Aar of God, war terrorism, riot, Insurrection or other civil disturbance, strikes, lockouts or other labor disturbances, shortages of materials, labor, raw materials, fuel, pourer or production facilities, breakdown of equipment, transportation shortages, changes in market conditions or any other contingencies beyond Senors reasonable control whether of a similar or dissimilar nature to the foregoing, Seger shag not be gable to Buyer for any damages incurred by Buyer as a result of any such delay or failure to perform. 12. QUANTITIES. The type and quantity of Materials delivered and detailed on the delivery ticket must be checked by Buyer at the time of delivery for compliance with Buyer's order. Variations between actual quantities of Materials delivered and those shown on the delivery ticket must be noted an all copies of the delivery ticket signed by Buyer. Invoice charges will be based on the quantities shown on the delivery ticket. Any claim for alleged short delivery of Materials must be made in accordance with Section 6 above, otherwise it will be deemed accepted by Buyer. In the absence of any claim Buyer shall be liable to pay for the full quantity of the Materials listed on the delivery ticket. 13. FEES & COSTS. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attomey's fees and cysts. 14. CREDIT, CONDITION PRECEDENT TO SELLER'S OBLIGATION TO PERFORM, PERSONAL GUARANTEE. Any and all credit terms of payment must be set forth in this Agreement are "Collect on Delivery' (C.O.D.) or "Cash in Advance" (C.I.A.). Buyer agrees upon request to famish Seger such additional information (including financial statements) as Is deemed necessary In the opinion of Seger to determine Buyer's financial condition. Seger's obligation to perform under this Agreement Is subject to the condition precedent that Seger does not notify Buyer that Seller's Credit Department has disapproved and credit temns of payment specified herein. 15. CREDIT. Should Buyer's account be opened and approved with a credit amount, this amount, as amended from time to time, applies to the total purchases and an be exceeded at any given time only if approved by Seger's Credit Manager. Buyer acknowledges that Seller is relying upon the oiedit worthiness and financial ability of the guarantors, owner, owners of Buyer, and Buyer, guarantors and such owner or owners shall be jointly and severally gable for all Indebtedness of Buyer to Seger incurred under this Agreement. MEMBER PENINSULAR ELECTRIC DISTRIBUTORS, INC. MEMBER (MARK 1301 01.1) OKEECHOBEE ROAD WAED Group. Inr- WEST PALM DEACH, FLORIDA 33401 FOUNDED 1903 FAX: 561-032-72A7 WHOLESALE ONLY 16. PAYMENT. Buyer shall make all payments due hereunder In United States currency and in accordance with the berms of this Agreement, without any right of setoff or retention and without regard to any agreement Buyer may have with other parties. If the delivery is to be delayed either at the request of Buyer or through no fault of Seller past the delivery date specified In this Agreement, Buyer shall pay promptly In full for all Materials sold heretmder. If any payments are not received when due, Seller may, at Its option, assess an additional charge equal to the lesser of eighteen percent (18%) per annum or the maximum rate permitted by law, whichever Is less, for each thirty (30) day period of delay or part thereof to cover Seller's increased costs, or, in the alternative, upon notice to Buyer, cancel the portion of this Agreement which remains to be performed. If no due date is stated elsewhere in this Agreement, payment of a% invoices is due by the 307H day of the month following Invoicing. Until Seller has received full payment for the Materials sold under this Agreement, Buyer shall not remove nor allow the removal of said Materials from the jobsite to which they were delivered, nor shag Buyer use or allow the use of any such Materials for any project other than the one for which they were purchased. 17. OFFSET AND/OR SETOFF. Setter may exercise the right of set-off under this Agreement as to any sums owed by Seller and/or its affiliates under any other contract or agreement with Buyer and/or its affiliates. 1& PAST DUE ACCOUNTS. Should Buyer fail to pay when due any amount payable to Seller under the terms of this Agreement or should Buyer's financial condition become impaired or unsatisfactory to Seller, in the Seller's sole opinion, Setter may, at Its option, make demand upon Buyer for. (1) tmmediabc payment of all amount then due and owing to Seller under this Agreement; (2) payment in advance or at the time of delivery of all future amounts to become due under this Agreement, and or (3) such other assurances as Seller shall deem necessary to adequately azure Seger that Buyer will perform its obligations under this Agreement, and If such assurances are not received from Buyer within a reasonable time not exceeding ten (10) days, Seiler may, at its option, deem this Agreement to have been repudiated by Buyer. Buyer further agrees to pay Seiler any and all collection fees, attorneys' fees, and court costs Incurred by Seller In collecting any amounts due under this Agreement. 19. TAXES. In the absence of an exemption or resale certificate acceptable to Seiler and to the respective taxing authority, all federal, state and local taxes, assessments, fees, duties and charges levied by reason of this Agreement are in addition to the prices quoted in each applicable Quotation and shall be paid by Buyer. 20. TITLE & RISK OF LOSS. Tide and risk of loss to the .Materials shall transfer to the Buyer FOB Shipping Point or upon payment, whichever acorn eartler, and Buyer hereby grants Seller a first priority security interest in all such Materials until such time Seller is paid in fun all amounts due under this Agreement Buyer further agrees to execute any and all documents that may be required for Seller to perfect such security interest. 21. MODIFICATION OF TERMS. No employee or agents of Seller has the authority to make any statement, including restricting or modifying or otherwise concerning the existence or effect of any of these terms and conditions or of any warranty or guarantee and no such employee or agent making any such statements shall be acting on behalf of or with the consent or agreement of Setter. These conditions may only be altered or varied in writing signed by a Seller Credit Manager and no other employee nor any other person has the authority to alter or vary any or all of these terms and conditions. 22. ASSIGNMENT. Buyer shag not assign this Agreement or any interest herein without the prior written consent of Seller, and any attempted assignment, whether by operation of law or otherwise, shall be void without such prior written consent. 23. NOTICE. Any notice required to be sent to Seller shall be in writing and sent by Certified Mail, postage prepaid, to the local Seller office, with a copy to Seger c/o Peninsular Elecblc Distributors, P.O. Box 2887, West Palm Beach, Fl. 33402. 24. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shag remain In full force and effect and shall In no way be affected, impaired, or Invalidated. The parties agree that each berm and provision of this Agreement shag be construed according to its fair meaning and not strictly for or against any Party. 25. VENUE AND CHOICE OF LAW. The parties hereto agree that venue for any action brought for the breach of or the enforcement of this Agreement wig lie In Patin Beach County, Florida. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. Any and all actions brought by Buyer under this Agreement shall be brought within one (1) year of the date of delivery of the Materials with respect to which the action relates. AS A MATERIAL INDUCEMENT TO SELLER TO ENTER INTO THIS AGREEMENT, BUYER WAIVES THE RIGHT TO TRIAL BY 3URY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. MEMBER PENINSULAR ELECTRIC DISTRIBUTORS, INC. MEMBER /MARK 1.101 OLD OKI?HCHOME ROAD NASD Group. Inc. WEST- PA"I BEACH, FLORIDA 33401 FOUNDED 1903 FAX! 561-932-7267 WHOLESALE ONLY 26. ENTIRE AGREEMENT. This Agreement sets forth the sole and entire agreement behveen the parties with regard to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements between the parties regarding the same. No delivery of any Materials shall be made until Buyer returns a signed copy of this Agreement. Facsimiles, copies or other reproductions of this Agreernent shall have the same effect as an original thereof. 27. WAIVER. Seller may, In its sole discretion, permit Buyer to remedy any default under this Agreement without waiving the default so remedied or any other subsequent or prior default by Buyer. Buyer waives notice of default of this Agreement and waives presentment, demand, protest and notice of dishonor as to any instrument. 28. MISCELLANEOUS. Seller may terminate this Agreement, in its sole discretion, without notice to Buyer and for any reason whatsoever. Buyer consents to Seller sending information bD Buyer regarding Sellers products and prices at any time by fax to any fax number provided by Buyer, other electronic means or otherwise. MISR. - =,AJI M 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 ImcwiIliams@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/."