HomeMy WebLinkAboutDocumentation_Regular_Tab 02_07/11/2013 � � '� VILLAGE OF TEQUESTA
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; ��=�., _� AGENDA ITEM TRANSMITTAL FORM
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1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: C;lick here to entE�r iPxt,
July 11, 2012
Consent Agenda: Yes Resolution #: Click here ta enter text.
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council:
3. BUDGET/ FINANCIAL IMPACT:
Account #: Click here to enter text. Amount of this item: Click here ta Pnter text.
Current Budgeted Amount Available: Amount Remaining after item:
Glick here to enter text.
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
1. Per Village Ordinance we are presenting the following agreements, proposals,
commitments and memorandum of understanding to Council:
a. Hold Harmless, Indemnity and Liability Agreement between the Village of Tequesta and
David Ruff for the purchase of the 1983 Scarab boat from the June, 2013 Auction.
b. FDG Flagler Station and Village of Tequesta Real Estate Renewal Lease Agreement
(File#281-1-2b).
c. SimplexGrinnell Proposal and Service Agreement to perform a 5 year internal inspection on
the Village Hall sprinkler system and repair several deficient items.
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
� No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
-, A ;�
Village Manager: �
• SUBMIT FOR COUNCIL DISCUSSION: ❑
• APPROVE ITEM: U��
• DENY ITEM: �
Form amended 08/26/08
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Y � MEMORANDUM
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�. � - ! � �� Village of Tequesta
C° Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: July 11, 2013
SUBJECT: Presentation of Agreement, Contracts, etc.
Per Village Ordinance I respectfully present the following agreements, proposal,
commitments and memorandum of understanding to Council.
a. Hold Harmless, Indemnity and Liability Agreement between the Village of
Tequesta and David Ruff for the purchase of the 1983 Scarab boat from the
June, 2013 Auction.
b. FDG Flagler Station and Village of Tequesta Real Estate Renewal Lease
Agreement (File#281-1-2b).
c. SimplexGrinnell Proposal and Service Agreement to perform a 5 year internal
inspection on the Village Hall sprinkler system and repair several deficient items.
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June 25, 2013
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Re: Real Estate Lease (File#281-1-2b) dated 7/11/2006 by and be�ween FDG Flagler Station II LLC,
as Lessor ("Lessor") and Village of Tequesta, as Lessee ("Lessee")
Dear Sir or Madame
We are writing to inform you that the terms of the referenced Lease provide you the option to renew the Lease for an
additional 12-month period (the "Renewal Term"), provided you notify the Lessor prior to the end of the current
term, To expedite your exercise of this option, we have provided below a p�ace for you to acknowledge exercising
this option by returning a signed copy of this le#ter.
If you choose to exercise your option, your Lease wfll be renewed effective July 11, 2013 and extend through July 10,
Z014. Also, in accordance with Section 2, the rental rate for the term immediately preceding the Renewal Term wf61
be increased by 5%; therefore your new annual rental rate for the Renewal Term will be $9,190o00 plus all sales ar
use taxes levied by any governmentaf body for the use or occupancy of the Leased Premises. All other te�ms and
conditions of the Lease shall contintae to be in effect during the Renewal Term. In anticipation of your renewal, you
will be receiving an invoice for the Renewal Term.
If you do not intend to exercise your option to renew this Lease, pBease do not return a copy of this letter and insteac9
peease refer to the provisions of Paragraphs 13 and 14 of your Lease which advise you of your obligations and
requirements for cancellation.
Please return a copy of this letter signed and dated below, acknowledging and exercising your option to renew the
Lease, to my attention at the address written below.
If you have any questions, pBease contact me at 904-565-4135.
Saracerely,
' i
Sharon Toomey
Lease Manager—Land Managergi�nt
ACKlVOVI/LEDGED AND ACCEP`�ED:
Vsllage of Tequesta
This day of 2013
By:
Print Name and Title
I
I
4601 Touchton Road East/Building 300/Suite 3200/Jacl<sonville, FL 32246
Tel (904) 565-4100 / Fax (904) 565-4148 / www.flaglerdev.com
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DEP�lRTtv1Ei�JY OF FIl�F1�JV�`( 5����,�i�9� �JI�°fOR `lEHICL�� - DI\JISI�RI OF A�07�RIS�' S�R1/10E5
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uvuvinr.fE&�sd �u�v.e���l�#fic�s!
I�otice of Sa�e ar����� B�li of Sale for a Motor Vehi�le�
Mobile �o�a� ��f��igh�ray Vehicle or Vessel
� Nofiice of ��I� �Se91er �a�ust c�o��B��� �������� 1 a� 3)a The purcha��r's si�natur� ir� ���t��� � a� ���s����Ve
i P' �cll o� Sale (Seller an� ��aPChas�� m�a��# ��o�u�9e�e se���ons 1, �(wh�r� a��licablel ��)o -
1 o Motor Vehicle, IlAobile �ior�e �ff- liighway or 1/essel Descriptior�
Year Make/Manufactvrer �or9y B'ype Mode9 GoB�r
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9/we c!� hereby sel� or have soial ans� t�eaa�e�e�i the a�ove descri�ed rr�otor vehoc9e, �o�ide �orra�
ofF-highway vehicle or vessel #oo
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2o Odometer Disclosure Statement �Requirecl For a Motor Vehic�e�
�edeeaB and State Baw �ecyuores tha� yroaa s�ate �8�� am�i9eage o� �onnecto�� �nrath th� �a�aassfiert° �� m�nv�em��ogaa F�°s�a��e f�
��ca�plet� or proviaiirog a false �taternent �oayv resu�8� on flraes and/oa� ae�sp�osmrar�ente
W� S`PAT� `�HAT THIS iVIOTOR VEHICLE'S � 5 DIGIT OR ��, 6 DIGIT ODOIUIE�'�R NOW REl�BS ���' ��� o�x
(iU0 TEIUTHS) MIL�S, �ATE READ / / , AND WE HERE�Y C�Rl°I�Y �F9A7 7O °�HE �ES� OF �UR KiVOWL�DC�E
�°Fi� OBOI�ETER RE/-lDING:
��a REFLEC7S THE AC�IIAL fNI��AG�. a 2e IS @N E�CC��S �� 8`P� M��F9APJB�A� LYAA9��, i_ �a IS 8�9�`L `�°�@� A��fl�Al� AAI��At°a�,
A�f6davit (When applicable)o
3o Ce�tification
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miau uen oaasrar,rioir so: uepa or n�gnwfay �arexy ana Llotot' ✓enicles, Neil Vvrlcma�� r3uilding, faYlahassee, PL 32399-a500 T#'� 53 8`7 �213
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RegistereclOwiler: �aL= c�a; ��sa:a� fl�/08/20�� LienRelease
- Inferest in the described vehicle is hereby released .�
TEQUES`E?3 PC�LSCE DEP.t1.�'',.`P1�LlT?' ey
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�y �3�0�1�1�1�' I�'f�'O.RI�d�'�'�O�
i i. When ownership of the vehicle described herein is "'a
;',; transferred, the seller MUST complete in full the
Transfer of Title by Seller section at the bottom of
;�' the certificate of title.
'''; �Vlail To: 2. Upon sale of this vehicle, the seller must complete
�; TEQTT�ST� POZ,S�E �1EF��.�i�.� the notice of sale on the reverse side of this form. ��
�� 357 TEQIJES^s�3 DRIVF, 3. Remove your license plate from the vehicie. ; r
� � ��QCiESTA, PL 93469 4. See the web address below for more information and ;;,� '
;�, the appropriate forms required for the purchaser to �
�' � title and register the vehicle, mobile home or vesseP "'
;;� http://www.hsmvstate.fl.us/html/tiflinf.htinl I ��,•
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b j I I Inieresl m the described vehicle is hereby released
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� Prev � Color PriMary Brand Secondary Brand No of Use Prev Issue Date BY I �� , �
I State erands � --- �.
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Ttle , '
� � Odometer Status or Vessel Nianufacfurer or OH:use Hull Material �- Prop Da4e of Issue �
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: Re�istered Owner
`L'EOLTES'L'Z� POLSCE D�Pia.3i'CP9ETr�' �
;:1' 357 TEQIT�,$TA D?�.IZfE
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=�� DIVISION OF IVOTORIST SERVICES TALLAHASSEE �°'.> f-LORIDA DEPARTMENT OF HIGHWAY SAFETY AND UiOTOR VEHICLES §�
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a� y ,
j eoyd Waltlen � h
Director : ., . _ � Julie L. Jones
���<<�`•" Executive Director
:�;i�� � , . .... _
?2 /3 9�6��20? ;u ;
� TRANSFER OF TITLE BY SELLER (This section must 6e completed at the time of sale.) '
?. Pedzral wid/or stufz lm�� iequire timt thr scller state thz milzage, Purchuxer's n.unz, aellin, puce mid datz sold in comiecliun �vith the iransLzi o1 u�vnzr�liip. '_�- '.
Fuiluie to �omplzte o� pro�iding a iulsz statement nmy izwll m Tmes and/oi imq i�umnent t �
This tide is marru�ited to 6e Frze fiom anp liens exezpt as nnted on the face of thz ccrtiticatz ,md thc motoi vzhicle o� vessel desci ibzd is he�e6y �i,insk� red to: i
c_�:; 'i
! Szllei Musf Entzr Pmchasei s Nnmz: Addiess: �-�
��� Seller �1us[ L-nter $elLn� Prict: Selle� Must Enter Date Sold:
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UNDER PENALTIES OF PERJURY, I DE�L/-SRE THAT I Ff.AVE READ THE F�REGOINC �OCUPIIEyT ,4iVD THAT TNE FACTS STATED IN IT <1RE TRUE.
- SP1.LL^'S2 Yfust � � = CO-SELI,ER Must � �
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Stllin.• Dc;du's Licznse Nuntber: , Tax Nn.: Tex Collected: �..
Auctinn Name l.icrnst NumUec ;
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��� ���; G.ISL�G �I�h.L� I�i7 I I' I �# 688278
42 3 CPT 3610 � � r# 753874213
STATE OF FLORIDA B" 4�0020
AUDIT# g4692202 '��o�,�' A,ppLICATION FOR VEHICLE/VESSEL S# 16159221
CERTIFICATE OF TITLE
TITLE NUMBER VEHICLE/VESSEL IDENTIFICATION # YR. MAKE MANU ACTURER TYPE VEHICLE COLOR WT/LENGTH GVW/LOC
111753997 WELE0901M83B300 1983 WEL VS � 30' ��
DATE OF ISSUE TRANS VEHICLE USE HULL pROPULSION FUEL VESSEL y�ATER FL NUMBER AUTH
MO. DAY YEAR CODE MATERIAL TYPE DESTRUCTION
OS 08 13 OUT VESSEL FBGLSS OUTBRD GAS OPEN
BIRTHDATE RESIDENT CNTY
SEX MO. DAY YEAR Y N ALIEN RES.#
ApplicanVOwner'S Name & Address � ❑
TEQUESTA POLICE DEPARTMENT X 42
357 T'EQUESTA DRNE
T'EQLJESTA, FL 33469 1st OWNER FL/DL# OR 2nd OWNER FL/D�# OR
F.E.I.D.# UNIT #
VOLUNTARY CONTRIBUTIONS
AGENCY TITLE FEE SALES TAX GRAND TOTAL
FEE
: 6.75 8.00 0.00 14.75
Actioa Requested: ORIG USED TITLE Eraads :
PREV. STATE DATE ACQUIRED NEW USED ODOMEfER / VESSEL MANUFACTURER ODOMtTER
DECLARATION
CERTIFICATION
SP OS/08/2013 XX WELLCRAFT MARINE CORP ❑
LIEN INFORMATION DATE OF LIEN RECEIVED DATE FEID # OR FL / DL AND SEX AND DATE OF BIRTH DMV ACCOUNT #
NAME OF FIRST LIENHOLDER:
ADDRESS SALVAGE TYPE
SELLER INFORMATION
NAME OF SELLER, FLORIDA DEALER, OR OTHER PREVIOUS OWNER
ADDRESS
DEALER LICENSE NO.
CONSUMER OR SALES TAX EXEMPTION #
SALES TAX AND USE REPORT INDICATE TOTAL PURCHASE PRICE, INCLUDING ANY $
UNPAID BAIANCE DUE SEILER, BANK OR OTHERS
TRANSFER OF TITLE ❑ PVRCHASER HOLD3 VALID
IS EXEMPT FROM EXEMPTION CERTIFICATE INDICATE SALES OR USE TAX DUE AS PROVIDED BY CHAPTER $ O.00
FLORIDA SALES OR ❑ VEHICLE / VESSEL WILL BE 2�2� FLORIOA STATUTES
USE TAX FOR THE USED EXCLUSIVELY FOR RENTAL
REASON(S) CHECRED � OTHER OTHER ❑ SELLING PRICE VERIFIED
APPLICAN'P CERTIFICATION
UWE HEREBY CERTIFY THAT THE VEHICLEIVESSEL TO BE TITLED WILL NOT BE OPERATED UPON THE PUBLIC HIGHWAYS/WATERWAYS OF THIS STATE.
I CERTIFY TNAT THE CER77FICATE OF TI'RE IS LOST OR OESTROYED.
I CERTiFY THAT THIS MOTOR VEHICLENESSEL WAS REPOSSESSED UPON �EFAULT OP THE LIEN INSiRUMENT AND IS NOW IN MY POSSESSION.
UWE HEREBY CERTIFY THAT UWE LANlFULLY OWN THE ABOVE DESCRIBED VEHICLENESSEL, AND MPJ� APPLICATION FOR TITLE. IF LIEN IS BEING RECORDED NOTICE IS HEREBY GIVEN THAT 7}iERE IS AN
EXISTING WRITTEN UEN INSTRUMEM' INVOLVING THE VEHICLENESSEL DESCRIBED ABOVE AND HELD BY LIENHOLDER SNOWN ABOVE. WJE FUFiTHER AGREE TO DEFEND THE T1TLE AGAINST ALL CWMS.
UNDER PENAL7IES OF PERJURY, I DECLARE THqT i HA4E READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE.
Signature of ApplicanUOwner Signature of Applica�UCaOwner
HSMV 82041 REVISED 02/06 SCAN CO�E MVT
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'�'� 2013 Fforida Annual Resate Certificate for Sales Tax R. io�y2
�� �, � THIS CERYIFICATE EXPIPES ON DECEMBER 31, 2013
pLPARTMENT '
t1f kNf•NIlF
Reaistration Effective Date Certificate Number
Business Name and Location Address •
12/06/06 16-8013713551-1
S&L AUTO SALES
TMB ENTERPRISE LLC
2095 N STATE ROAD 9 ' '
HOLLYWOOD FL 33021 -3804
This is to certify that ail tangible personal property purchased or rented, real property rented, or services purchased tiy the above business are being
purchased or rented for one of the foltowing purposes: • i . Incarporation as a materia(, ingredient, or
• Re-rental'as reaV(�roperty.
• Resale as tangibie personal Property. � ���o�oration into and sale as part of the repair of component part ot tangibie person�l pmperty
. Re-rental as tangible personal property. tangible personal property by a repair dealer. that is heing produced For sale by manufaCtu�ng. .
. Resale.of services. • Re-rental as tra�sient rental propeAy. comp ing, or processing.
This certificate cannot be reassigned or transferred. This certificate can only be used� by the active re st red eal or its a u�p sesed employees.
tv1isuse of this Annuaf Resale Qertificate will subject the user to penalties as provided by law. Use sig d ph to�
Presented to: Presented by: Autharized Signalure (PUrchaser idale�
pnsen name of seller on photoaopy� (date�
Simp/exG�inne//
BE SAFE_ 8 0 P South
Jupiter, FL 33458
Tel: 561-277-4140
Faac: 561-747-7307
License number:
www.simplex2rinnell.com
PROPOSAL AND SERVICE AGREEMENT
SimplexGrinnell Contract # Salesperson: Jessica Montoya Date: June 10, 2013
262,1M-061013-1
License No.
Customer: Tequesta Village Hall Job Loca6on: 315 Tequesta Drive
Tequesta, FL 33469
Invoice To (if different from Customer): Customer P.O. #
SimplexGrinnell LP ("Compan�'), for and in consideration of the prices herein named, proposes to fumish the work, and/or materials hereinafter desaibed, subject to the terms and conditions of
this Agreement.
This quote reflects deficiencies identified by our inspector, S. Myrter, during the recent sprinkler inspection SR# 25628288.
Deficiency: Upon the inspection, the inspector found no evidence that a"5-year" Internal Inspection has been completed on the (1) fire sprinkler riser and the gauge is out of
date. Also there are (4) painted concealed sprinkler covers in the Council Chambers room and (5) painted concealed sprinkler covers in the lobby and reception area.
Scope: Perform an Intemal Investigation of the Fire Sprinkler piping and branch line conditions ("5-year" Internal Inspection) for the purpose of investigating for the presence
of foreign organic and inorganic materials as required per NFPA-25, 14.2 2008ed. This proposal is also for the labor and materials to replace the deficient gauge and (9)
painted concealed sprinkler covers. Any additional work needed shall be quoted on a separate quote.
Note1: If conditions are uncovered during the investigation that could cause obstructed piping, a separate Obstruction Investigation shall be required per NFPA-25,14.3
2008ed. This testing is available at an additional cost and a quote will be provided for approval.
Note2: If conditions exist that indicate the presence of Microbiologically Induced Corrosion (MIC), MIC testing shall be required per NFPA-25,14.2.1.2 2008ed. This testing
is available at an additional cost and a quote will be provided for approval.
Exclusions: Additional requirements that may be requested by the AHJ (Authority Having Jurisdiction); fire watch; full flushing of the system; lift rentals; patching or painting;
the replacement of damaged ceiling tiles or ceiling grid; any water damage to contents of building due to trapped water in existing fire sprinkler system or Fire Watches. This
proposal also excludes the repair or replacement of any unforeseen parts that are needed to repair failed control valves, risers, system appurtenances, or existing leaking
piping found during the inspection. In the case of finding a leaking pipe or piping breakage during the inspection, a quote will be sent for the cost of repair.
For any Fire Sprinkler mains found to be CPVC, SimplexGrinnell will need to cut in flushing connections at the ends of the mains which will require a 24 hour cure time for the
CPVC glue to set up in order to pressurize system & excludes Fire Watch for this process.
This proposal does not include tax. Prevailing Wages in support of federal DBA wage determination. (This Quote is good for 30 days.)
Sco of Work continued on attached Amendment.
Payment NET 10 ❑ NET 30 ❑ C.O.D. ❑ DEPOSIT: $
Time and Material ❑ Price Notto Exceed $ Fixed Price of �1075 BALANCE DUE:
CUSTOMER ACCEPTANCE
In accepting this Agreement, Customer agrees to the terms and conditions contained herein induding ihose on the following page(s) of this Agreement and any attachments or riders
attached hereto that contain addi6onal terms and conditions. It is understood that these terms and condifions shall prevail over any varia6on in terms and conditions on any purchase order or
other document that the Customer may issue. Any changes in the system requested by the Customer after the execu6on of this Agreement shall be paid for by the Customer and such
changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS
AGREEMENT. This offer shall be void 'rf not accepted in writing within thirty (30) days from the date first set forth above.
SIMPLEXGRINNELL LP
Customer
By: BY�
Name: Name: Jessica Montoya
Title: Title: Service Integrity Rep
License No: (if applicable):
SG4269 (Reu. 10/08) Page 1 0200G8 SimplexGrinnell LP. All rights reserved.
TERMS AND CONDITIONS
1. Payment Work performed on a time and material basis material payments to Company. Where this Agreement INCLUDE THE CORRECTION OF ANY DEFICIENCIES
shall be at ihe then-prevailing Company rate for material, labor, covers muRiple sites, liability shall be limited to the IDENTIFIED BY COMPANY TO CUSTOMER. COMPANY
and related items, in effect at the time supplied under this amount of the payments allocable to the site where the SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE
Agreement. Further, in the event that this Agreement is incident occurred. Such sum shall be complete and OCCURRING WHILE COMPANY IS IN THE PROCESS OF
executed on a"price not to exceed" basis, the price to exclusive. If Customer desires Company to assume FOLLOWING ITS INSPECTION TECHNIQUES, WHERE THE
Customer shall be lesser of: 1) the limit price quoted, or 2) the greater liability, the parties shall amend this Agreement by FAILURE ALSO RESULTS FROM THE AGE OR
actual cumulative billing based on the aforemen6oned attaching a rider setting forth the amount of additional OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL
prevailing rate. Unless othervvise agreed in wri6ng beiween the liability and the additional amount payable by the WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER
parties, Customer shall pay Company within thirty (30) days of Customer for the assumption by Company of such greater SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT
the date of this Agreement. Customer agrees to pay all taxes, liability, provided however that such rider shall in no way ARE BELOW GRADE, BEHIND WALLS OR OTHER
permits, and other charges, induding but not limited to state be interpreted to hold Company as an insurer. IN NO OBSTRUCTIONS OR EXTERIOR TO THE BUILDING,
and local sales and exase taxes, however designated, levied EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, ELECTRICAL WIRING, AND PIPING.
or based on the service charges pursuant to this Agreement. LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM 8. Customer Responsibilities. Customer shall promptly notify
Company shall have the right, at Company's sole discretion, to ANY SERVICING, ALTERATIONS, MODIFICATIONS, Company of any malTunction in the Covered System(s) which
stop performing any Services if Customer fails to make any CHANGES, OR MOVEMENTS OF THE COVERED comes to Customer's attenfion. This Agreement assumes any
payment when due, until the account is current. The SYSTEM(S) OR ANY OF ITS COMPONENT PARTS BY THE exis6ng system(s) are in operational and maintainable
Customer's failure to make payment when due is a material CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL condition as of the Agreement date. If, upon ini6al inspection,
breach of this Agreement. NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR Company determines ihat repairs are recommended, repair
2. Pricing. The priang set forth in this Agreement is based on CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING charges will be submitted for approval by Customer's on-site
the number of devices to be installed and seruices to be BUT NOT LIMITED TO DAMAGES ARISING FROM THE representative prior to work. Should such repair work be
performed as set forlh in the Scope of Work. If the actual USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE declined, Company shall be relieved from any and all liability
number of devices installed or services to be performed is OF THE COVERED SYSTEM(S) TO PERFORM. The arising therefrom.
greater than that set forth in the Scope of Work, the price will limitations of liability set forth in this Agreement shall Customer further agrees to:
be increased accordingly. Company may inaease prices upon inure to the benefit of all parents, subsidiaries and . Provide Company clear access to Covered System(s) to be
notice to the Customer or annually to reflect increases in affiliates of Company, whether direct or indirect, serviced including, if applicable, lift trucks or other
material and labor costs. Custaner agrees to pay all taxes, Company's employees, agents, officers and directors. equipment needed to reach inaccessible equipment;
pertnits, and other charges, including but not limited to federal, 6. Reciprocal Waiver of Claims (SAFETY Act). CeRain of . Supply suitable electrical service, heat, heat tracing
state and local sales and excise taxes, installa6on or alarm SimplexGrinnell's systems and services have received adequate water supply, and required system schema6cs
permits, false alartn assessmenls, or any charges imposed by Certificafion andlor Designation as Qualified An6-Terrorism and/or drawings;
any govemment body, however designated, levied or based on Technologies ("QATT") under the Support Anti-terrorism by • Notify all required persons, including but not limited to
the service charges pursuant to this Agreement. Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441- authorities having jurisdiction, employees, and monitoring
3. Alarm Monitoring Services. Any reference to alarm 444 (the "SAFETY AcP'). As required under 6 C.F.R. 25.5 (e), services, ofscheduled tes6ng and/or repair ofsystems;
monitoring services in this Agreement is included for pricing to the maximum extent pertnitted by law, SimplexGrinnell and • Provide a safe work environment;
purposes only. Alarm monitoring services are performed Customer hereby agree to waive their right to make any claims . In the event of an emergency or Covered System(s) failure,
pursuant to the terms and conditions of Company's standard against the other for any losses, including business interruption �ke reasonable precau6ons to protect against personal
alarm monitoring services agreement. losses, sustained by either party or their respective employees, injury, death, and/or properly damage and continue such
4. Code Compliance. Company does not undertake an resulting from an activity resulting from an "Act of Terrorism" as measures until the Covered System(s) are opera6onal; and
obligation to inspect for compliance with laws or regulations defined in 6 C.F.R. 25.2, when QATT have been deployed in . Comply with all laws, codes, and regulations pertaining to
unless specifically stated in the Scope of Work. Customer defense against, response to, or recovery from such Act of the equipment and/or services provided under this
acknowledges that the Authoriiy Having Jurisdiction (e.g. Fire Terrorism. agreement.
Marshal) may establish additional requirements for compliance 7. General Provisions. Customer has selected the service g, Repair Services (if Selected by Customer). Where
with local codes. Any additional services or equipment level desired after considering and balanang various levels of Customer expressly includes repair, replacement, and
required will be provided at an additional cost to Customer. protection afforded, and their related costs. Customer emergency response services in the Scope of Work, such
5. Limitation of Liabilihr; Limitations of Remedy. It is acknowledges and agrees that by this Agreement, Company, services apply only to the components or equipment of the
understood and agreed by the Customer that Company is unless specifically stated, does not undertake any obligation to Covered System(s). Customer agrees to promptly request
not an insurer and that insurance coverage, if any, shall be maintain or render Customer's system or equipment as Year repair services in the event the System becomes inoperable or
obtained by the Customer and that amounts payable to 2000 compliant, which shall mean, capable of correctly othervvise requires repair. The Agreement price does not
company hereunder are based upon the value of the handling the processing of calendar dates before or after include repairs to the Covered System(s) recommended by
services and the scope of liability set forth in this December 31, 1999. All work to be performed by Company will Company during the initial inspection, for which Company may
Agreement and are unrelated to the value of the be performed during nortnal working hours of normal working submit independent pricing to customer and as to which
Customer's property and the property of others located on days (8:00 a.m. — 5:00 p.m., Monday through Friday, excluding Company will not proceed until Customer authorizes such work
the premises. Customer agrees to look exclusively to the Company holidays), as defined by Company, unless addi6onal and approves the pricing. Repair or replacement of non-
Customer's insurer to recover for injuries or damage in the times are specifically described in this Agreement. All work maintainable parts of the Covered System(s) including, but not
ever�t of any loss or injury and that Customer releases and perfortned unscheduled unless otherwise specified in lhis limited to, unit cabinets, insulating material, electrical wiring,
waives all right of recovery against Company arising by Agreement. Appointments scheduled for four-hour window. structural supports, and all other non-moving parts, is not
way of subrogation. Company makes no guaranty or Additional charges may apply for special scheduling requests, included under this Agreement.
Warranty including any implied warranty of e.g. working around equipment shutdowns, after hours work. 10. System Equipment. The purchase of equipment or
merchanfability or fitness for a particular purpose that Company will perform the services described in the Scope of �ripheral devices, (induding but not limited to smoke
equipment or services supplied by Company will detect or Work section ("Services") for one or more system(s) or detectors, passive infrared detectors, card readers, sprinkler
avert occurrences or the consequences therefrom that the equipment as described in the Scope of Work section or the system components, extinguishers and hoses) from Company
equipment or service was designed to detect or avert. listed attachments ("Covered System(s)"). shall be subject to the terms and conditions of this Agreement.
It is impractical and extremely difficuk to fix the actual The Customer shall promptly notify Company of any If, in Company's sole judgment, any peripheral device or other
damages, if any, which may proximately resuk from failure malfunction in the Covered System(s) which comes to system equipment, which is attached to the Covered
on the part of Company to perForm any of its obligations Customer's attenfion. This Agreement assumes the Covered System(s), whether provided by Company or a third party,
underthis Agreement. Accordingly, Customer agrees that, System(s) are in operational and maintainable condition as of interferes with the proper operation of the Covered System(s),
Company shall be exempt from liabilityr for any loss, the Agreement date. If, upon ini6al inspection, Company Customer shall remove or replace such device or equipment
damage or injury arising directly or indirectly ftom determines that repairs are recommended, repair charges will Promptly upon notice from Company. Failure of Customer to
occurrences, or the consequences therefrom, which the be submitted for approval prior to any work. Should such repair remove or replace the device shall constitute a material breach
equipment or service was designed to detect or avert. work be declined Company shall be relieved from any and all of this Agreement. If Customer adds any third party device or
Should Company be found liable for any loss, damage or liability arising therefrom. UNLESS OTHERWISE SPECIFIED equipment to the Covered System(s), Company shall not be
injury arising from a failure of the equipment or service in IN THIS AGREEMENT, ANY INSPECTION (AND, IF responsible for any damage to or failure of the Covered
any respect, Company's liability shall be limited to an SPECIFIED, TESTING) PROVIDED UNDER THIS System(s) caused in whole or in part by such device or
amount equal to the Agreement price (as increased by the AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, �uipment.
price for any additional work) or where the time and REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR 11. Reports. Where inspection and/or test services are
material payment term is selected, Customer's time and ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT selected, such inspection and/or test shall be completed on
SG4269 (Rev. 10/08) Page 2 02�6-8 SimplexGrinnell LP. All rights reserved.
TERMS AND CONDITIONS
Company's then current Report fortn, which shall be given to reasonable defense costs, arising from any and all ihird parly the termina6on of this Agreement
Customer, and, where applicable, Company may submit a copy claims for personal injury, death, property damage or economic 22. DefauR. An Event of Default shall be 1) failure of the
thereof to the local authority having jurisdiction. The Report and loss, including speafically any damages resulting from the Customer to pay any amount within ten (10) days after the
recommendafions by Company are only advisory in nature and exposure of workers to Hazardous Conditions whether or not amount is due and payable, 2) abuse of the System or the
are intended to assist Customer in reduang the risk of loss to Customer pre-notifies Company of the existence of said Equipment, 3) dissolu6on, tertnination, discontinuance,
property by indica6ng obvious defects or impairments noted to hazardous conditions, arising in any way from any act or insolvency or business failure of Customer. Upon the
the system and equipment inspected and/or tested. They are omission of Customer or Company relating in any way to this occuRence of an Event of Default, Company may pursue one
not intended to imply that no other defects or hazards exist or Agreement, including but not limited to the Services under this or more of the following remedies, 1) discontinue furnishing
that all aspects of the Covered System(s), equipment, and Agreement, whether such claims are based upon contract, Services, 2) by written notice to Customer declare the balance
components are opera6onal at the time of inspection. Final warranty, tort (including but not limited to active or passive of unpaid amounts due and to become due under the ihis
responsibility for the condition and opera6on of the Covered negligence), strict liability or otherwise. Company reserves the Agreement to be immediately due and payable, provided that
System(s), equipment and components lies with Customer. right to select outside counsel to represent it in any such all past due amounts shall bear interest at the rate of 1'/2% per
12. Confined Space. If access to confined space by Company action. month (18% per year) or the highest amount permitted by law,
is required for the performance of Services, Services shall be 16. Insurance. Customer shall name Company, its officers, 3) receive immediate possession of any equipment for which
scheduled and performed in accordance with Company's then- employees, agents, subcontractors, suppliers, and Customer has not paid. 4) proceed at law or equity to enforce
curtent hourly rate. representatives as additional insureds on Customer's general perfortnance by Customer or recover damages for breach of
13. Hazardous Materials. Customer represents that, except to liability and auto liability policies. this Agreement, and 5) recover all costs and expenses,
the extent that Company has been given written notice of the 17. Availability and Cost of Steel, Plastics & Other including without limitation reasonable attomeys' fees, in
following hazards prior to the execution of this Agreement, to Commodities. Company shall not be responsible for failure to connection with enforcing or attempting to enforce this
the best of Customer's knowledge there is no: provide seruices, deliver products, or otherwise perform work Agreement.
•"Pertnit confined space," as defined by OSHA, required by this Agreement due to lack of available steel 23. One-Year Limitation on Actions; Choice of Law. It is
• Risk of infectious disease, products or products made from plastics or other commodi6es. agreed that no suit, or cause of action or other proceeding shall
• Need for air monitoring, respiratory protection, or ofher (i) In the event Company is unable, after reasonable be brought against either parly more ihan one (1) year after the
medical risk, commercial efforts, to acquire and provide steel products, or accrual of the cause of action or one (1) year after the claim
• Asbestos, asbestos-containing material, formaldehyde or Products made from plastics or other commodities, 'rf required arises, whichever is shorter, whether known or unlmown when
other potentially toxic or otherwise hazardous material to perform work required by this Agreement, Customer hereby the claim arises or whether based on tort, contract, or any other
contained in or on the surface of the floors, walls, ceilings, agrees that Company may terminate the Agreement, or the legal theory. The laws of Massachusetts shall govem the
insulation or other structural components of the area of any relevant portion of the Agreement, at no additional c�st and validity, enforceability, and interpretation of this Agreement.
building where work is required to be performed under this Without penalty. Customer agrees to pay Company in full for all 24. Assignmer�t. Customer may not assign this Agreement
Agreement. work performed up to the time of any such termina6on. (ii) If without Company's prior written consent. Company may assign
All of the above are hereinafter referred to as "Hazardous Company is able to obtain the steel products or products made this Agreement to an affiliate without obtaining Customer's
Condi6ons". from plas6cs or other commodities, but the price of any of the consent.
Canpany shall have the right to rely on the representations Products has risen by more than 10% from the date of the bid, 25. Er�tire Agreement. The parties intend this Agreement,
listed above. If hazardous conditions are encountered by Proposal or date Company executed lhis Agreement, together with any attachments or Riders (collectively the
Company during the course of Company's work, the discovery Whichever occurred first, then Company may pass through that "Agreement) to be the final, complete and exclusive expression
of such materials shall constitute an event beyond Company's increase through a reasonable price increase to reflect of their Agreement and the tertns and condifions thereof. This
control and Company shall have no obligation to further increased cost of materials. Agreement supersedes all prior representations,
perform in the area where the hazardous conditions exist until 18. 6cclusions. This /{qreement expressly excludes, without understandings or agreements between the parties, written or
the area has been made safe by Customer as certified in limitation, testing inspection and repair of duct detectors, beam oral, and shall constitute the sole terms and condi6ons of sale
wrifing by an independent testing agency, and Customer shall detectors, and UV/IR equipment; provision of fire watches; for all equipment and services. No waiver, change, or
pay disruption expenses and re-mobilization expenses as clearing of ice blockage; draining of improperly pitched piping; modification of any terms or conditions of this Agreement shall
determined by Company. batteries; recharging of chemical suppression systems; be binding on Company unless made in wri6ng and signed by
This Agreement dces not provide for the c�st of capture, reloading of, upgrading, and maintaining canputer soflware; an Authorized Representative of Company.
containment or disposal of any hazardous waste materials, or making repairs or replacements necessitated by reason of 26. Severability. If any provision of this Agreement is held by
hazardous materials, encountered in any of the Covered negligence or misuse of components or equipment or changes any court or other competent authority to be void or
System(s) and/or during performance of the Services. Said to Custaner's premises, vandalism, corrosion (including but unenforceable in whole or in part, this Agreement will continue
materials shall at all times remain the responsibility and not limited to micro-bacterially induced corrosion ("MIC")), to be valid as to the other provisions and the remainder of the
property of Customer. Company shall not be responsible for Power failure, current fluctuation, failure due to non-Company affected provision.
the testing, removal or disposal of such hazardous materials. installation, lightning, electrical storm, or other severe weaiher, 27. Legal Fees. Company shali be entitled to recover from the
14. Limited Warranty. COMPANY WARRANTS THAT fTS Water, accident, fire, acts of God or any other cause extemal to Customer all reasonable legal fees incurred in connection with
WORKMANSHIP AND MATERIAL FURNISHED UNDER �e Covered System(s). This Agreement does not cover and Company enforcing the terms and conditions of this
THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A specifically excludes system upgrades and the replacement of Agreement.
PERIOD OF NINETY (90) DAYS FROM THE DATE OF obsolete systems, equipment, components or parts. All such 28. License Information (Security System Customers): AL
FURNISHING. Where Company provides produd or services may be provided by Company at Company's sole Alabama Electronic Securiiy Board of Licensure 7956 Vaughn
equipment of others, Company will warrant the product or discretion at an addi6onal charge. If Emergency Services are Road, Pmb 392, Montgomery, Alabama 36116 (334) 264-9388:
equipment only to the extent warranted by such third expressly included in the scope of work section, the Agreement AR Regulated by: Arkansas Board of Private Inves6gators And
party. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Price does not include travel expenses. Private Security Agencies, #1 State Police Plaza Drive, Little
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR 19. Forice Majeure. Company shall not be responsible for Rock 72209 (501�18-8600: CA Alarm company operators are
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED delays or failure to render services due to causes beyond its licensed and regulated by the Bureau of Security and
WARRANTIES OF MERCHANTABILITY OR FRNESS FOR A�ntrol, including but not limited to material shortages, work Investigafive Services, Department of Consumer Affairs,
PARTICULAR PURPOSE WITH RESPECT TO THE stoppages, fires, civil disobedience or unrest, severe weaiher, Sacramento, Ca, 95814. Upon comple6on of the installation of
SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS fire or any oiher cause beyond the control of Company. the alarm system, the alarm company shall thoroughly instruct
OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. Z0. Termination. Company may tertninate this Agreement the purchaser in the proper use of the alarm system. Failure by
COMPANY MAKES NO WARRANTY OR immediately at its sole discretion upon the occurrence of any the licensee, without legal excuse, to substanfially commence
REPRESENTATION, AND UNDERTAKES NO OBLIGATION Event of Default as hereinafter defined. Company may also work within 20 days from the approximate date specified in the
TO ENSURE BY THE SERVICES PERFORMED UNDER terminate this Agreement at its sole disaetion upon notice to agreement when the work will begin is a violation of the Alarm
THIS AGREEMENT, THAT COMPANY'S PRODUCTS OR Customer if Company's performance of its obligations under Company Act: NY Licensed by N.Y.S. Departrnent of the State:
THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL �is Agrcement becomes impracticable due to obsolescence of TX Texas Commission on Private Security 5805 N. Lamar
CORRECTLY HANDLE THE PROCESSING OF CALENDAR equipment at Customer's premises or unavailability of parts. Blvd., Austin, 78752-4422, 512-424-7710.License numbers
DATES BEFORE OR AFTER DECEMBER 31,1999. 21. No Option to Solicit. Customer shall not, direcNy or available at www.simplexgrinnell.can or contact your local
15. Indemnity. Customer agrees to indemnify, hold harmless �ndirectly, on its own behalf or on behalf of any other person, SimplexGrinnell office.
and defend Company against any and all losses, damages, business, corporation or entity, solicit or employ any Company
costs, including expert fees and costs, and expenses including employee, or induce any Company employee to leave his or
her employment with Company, for a period of two years after
SG4269 (Rev. 10/08) Page 3 020068 SimplexGrinnell LP. All rights reserved.