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Home My WebLink AboutDocumentation_Regular_Tab 04_09/11/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: September 11, 2014 Consent Agenda: Yes Resolution #: Originating Department: Manager �` • • • • : -• • -�• 1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council: � . , . Account #: Various Amount of this item: Various Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No '' • ' •' .• • •- • � • .�- •. 1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council: a. Nixle LLC Emergency Notification Software Proposal $6,100.00 b. Southeastern Printing Co., Inc. Proposal to print the Smoke Signals Fall Edition Newsletter $3,143.00 c. Southeastern Printing Co., Inc. Proposal to prepare the newsletter for mail and to mail $530.00 • -• • . Department Head Finance Director or Representative ;, `!. ,�,✓ Reviewed for Financial Sufficiency � ,�' No Financial Impact ❑ ��f�� Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: [� ; ; �� Approve Item: ❑ i Deny Item: � • •- . . .• • -. .- . .- •- . .•- . • -.. •.. � - . Form Amended: 3/14/14 Willage of Tequesta Date: �/26/201�4 Purchas� t�rder Requisition Dafie Purchase Order is Req'd: 8/28/2014 (IVoP a Purchase Qrder) Department: 0/illa e Clerk '`R��ased Af�ve►nber ��, 2U17 F2eg. #: Quates Receiued: a (See Attached) Recom€nended Vendor: i!en�lor #: �� : , . V�rad�ars �fd� Nixfe ' ' ` ,., �, , � � :`; �CVixle ,-! $6,10Q � Address: 594 Howard Street #200 � t _ - Everbridge � �5,000 �ity: San Franciso F��gr�up $8,000 atate & Zip: �A 941 Aa-3026 �am�ents: I r�s�a�hed 7�a�m anies that rov�de an all-i�a-�nae a roach f�ar �irro�r en� �otification �oftwarea From thos� 7, I narrowed fihe field cic�wn to 4 and requested demos, of which 3 a reed. While all 3 com anies a ear fio be leaders in their field, onl Nixle is abl� to me�et all �f our ne�ds �ncludin the abili to obtain and maintaira databases c,f land line numbers includin DNC list and un� listed #s. The Ather companies we would have to provide the #'s and update them yearly, Nixle t�andles �Il this for us. �� Availabl� Balance IteAn l�e�cre tiwn F'art# G!t . l9r�it F'rics `�'ota8 ��a�t Acc�unt # (�iraance l�se Oni ' NotiTcation Software - General 1 $9,05Q $ 3,O�Q.00 l� � J 11v U J � f .� ':� � � Rl9tificati�n Staft�ar� � Utiiti�� a � �,050.(10 $ 3,050.QQ (� �U� � � ��/, � � $ ° � ° $ ° � ° � ° � ° � m �'�#a�l: � d�, � OQ.OQ Finance/Admi�istrative Use Onlv: The DepartmenP Director's /llesignee's sign�fure below cartifies thaf (9) tdiis purch�se order r�cyuisition is complete and in complfance with the Village's Purchasi��q Palicies an�' ProceGures and (2) a!! procwem�nt requiremerrts have been safisfiec�. C��par�m�rat Dire�tor / Desi n�e Si nature:` ' i7ate: The Finance Departmeait signature below certifies that (9) this requisiteon Mas been approved by an aukhorized Department Directar/Qesignee, (2) thaC the . correct account numbers have been used and (.3) there is adequate funding in fhe accounfs listed. , � �� , ` � �'ir�ance Si nat�ar�: � � � ?/ / Vil�a�� Mana er�A, resva9: _ Dafie: �°;"-« �,��+,��>�. ,,,;, , Village Counci9 Appr�vaL Ftesolutipn #: Date: �',�i,e.,�i��i�t�� ,�� , �-,m�pl,t„ � ig�F��1 ��+:.h� �r `A�C'-a � `�fs�<'�r ;�S _ � .�E�i,� ��f��'�;� I 9�.;G�� ,� �,`�� ;� ar� 1 a N u ?..`qa.t� i � - d'�� ? ��G� i S.;ILL .r�t °'�� 7 "1'��?.��iu_.4';�1':1y..�_s_'�: ';ri/�"_.i19�.' e:L�.=.^�z__��. _!`?J�e!_�G`p.._�.�.lj�;�l�'� _ ... � �_.;4�. _.,��_ll .._ . NL•;ic F2eentatlen - From:.�ngzl htWr.hur l.ingei.fdc4rthur@ni:Je.mn; �7?.E�9.i3G?_ �:t. 309) - vo�:sraa eyy7z�.yrn� .,-..,. Sll�le 1 cf'i �.. I�'��_ � r....._ .:J:iii:3i'.::[':i�_, "lia�:;!i�' " . .. _t----".`._. _ ..^� _.. 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ADDENDUM Public Records: In accorda.nce with Sec. 119.0701, Florida Statutes, the 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 Scope of Services. Upon request, the Conlractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. QUOTATION southeastern complexity made simple Estimate: 61645 Date: 8/21 /14 Cust-ID_ 2833 Lori McWilliams Phone: 561-768-0443 Village of Tequesta Fax: 561-768-0697 345 Tequesta Drive E-Mail: Imcwilliams@tequesta.org Tequesta FL 33469 Rep: Tony Ellison Description: Fall 2014 Newsletter and Inserts - Mailing Process file including address standardization, NCOA update, merge purge, CASS certify, presort, inkjet address, sort, sack/tray tags, deliver to post office. Please Note: Price does not include additional services such as indicia use, wafer sealing, foreign mail processing etc. Postage is additional. Approx. pre-sort standard $.553 each We understand that you will be providing: 1-Mailing list Quantity 4,300 Price $530.00 Thank you for the opportunity to provide you with this estimate, based on the specifications submitted. We look forward to exceeding your expectations. Please contact us if you need additional information. Payment Terms: Due in 30 days Supplied files/specifications/material will be reviewed and compared to the estimate upon receipt of job. Differences will be re-quoted which may result in a price change. EMAIL / FAX TRANSMISSION: This document includes our Standard Terms of Sale. If you did not receive, or if illegible, please call for a copy before signing. PLEASE READ, SIGN AND RETURN TO PLACE YOUR ORDER This quotation is subject to the terms and conditions set forth on the back side hereof and which are, by reference, made a part hereof. Prices quoted are based on details furnished to our estimating department and are subject to revision if, upon receipt of copy it is determined that the material deviates from original specifications. Any such price revision will be confirmed before the order is processed. We reserve the right to reject any order upon receipt without liability on our part . The item(s) ordered are for resale and not subject to sales tax. Please Initial The item(s) ordered are for internal use. Please charge s s tax. Accepted by customer � '�� Date 7 1� j' �� Sou�heastern Page 1 of 3 i601 S£ Di.rie Highwar. S7uarL Florida 34997 773-?87-?191 800-??6_8�?I Fas 772_3g3-3933 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is mede and, if accepted by Southeastem (°Printer°), order will be entered subject to the following trade cwstoms and any other condfions expressed herein, which are hereby understood to be bind'mg on both parties. Terms of this proposal shall be limited to thirty (30) days from date of proposal. It is to be clearly understood that such terms constlhite the entire agreertrent of the parties, can be amended or altered only pursuaM to wridng signed by both parties, and in any event rrot by any stipuladon, represerrtation or agreement not contained in this contract, or by perol evidence, and that thesa terms shall govem the order contrary to prior or subsequerrt writings by Customer notwithstanding. 2. Orders regularly eMered cannot be cancelled except upon tertns that will compensate Pririter against loss. All orders are subj�t to flnal acceptance by Prirder, and it shall not tre lieble for any loss or demege resuitlng from its reasonable failure to accept orders, ship produc�s ordered or notify Customer of its non-acceptance of orders. 3. Experimerrtal work perfortned at the Customer's request, such es, but not limited to sketches, drawings, composfion, platea, presswork and materials shall be charped for at current rates. 4. Art wrork, sketches, copy, dummi�, end all preparetory work including negetive and positive fllms, plates, engravings and other manufacturing tools or items created or fumished by Prirrter shell remeln its exclusive pro�rty, and no use of same shell be made nor mey eny ideas obtained therefrom be used, except by written permission of Printer and upon compensation to be determin� by Printer. 5. Art work, transparencies, photos, originals, computer disks, negative and positive fllms, plates, engravings end other menufecturing ftems when supplied by Customer are accepted at the Custamer's risk end Printer shell not be Ilable for damage or loss fn excess of out-of-pocdcet cost for rew materlals or value apreed to in wrttin� between Printer and Customer. 6. Author's alteretions: All changes from originel specifications or copy mede by Customer ahell entltle Printer to addfional charges, et the current retes for the edditional work performed. 7. Errors: Printer shall not be Ilable for errors if printed matter �nfortns to copy fumished by Customer. Pr�fs will be submitted 'rf requested by Customer. Corrections, 'rf any, ere to be made thereon and retumed with Proof/PriM Author¢etion form marked °O.K.° or °O.K with corrections", and signed by duly authorized represantetive of Customer. if revised proofs are desired, request must be made when proof is retumed. Prirrter shall not be rasponsible for errors if wrork Is performed es per Customer's °O.K.° 8. Pr�s: M extra charge will be mede for press proofs. Printer shall cherge for addi�onal press time arising from Customer delay during make-ready pr�s check or for change orders rec;eived after job Is plated. Because of the dffference in equipment and condi�ons between color proofing and the pressroom operaetions, a reasoneble variation in color between color prooTs and the �mpleted job ahall constittute an acceptable delivery. 9. Customer's Property: All Customer's property that is stored with Printer is at the Customer's risk end PriMer shell not be lieble for any loss or dameges thereto caused by fire, theft, water leakege, rodents, Insects, or any other cause beyond Printer's control. It is understood thet Ure storape of Customers properiy is solely for the benefit of the Customer. 90. Terms: Unless othenNise arranged for, a deposit af 50% is requested upon the signing of this proposel, 25% upon delivery of the job proof, and the balance upon completion of this order or upon delivery of the flrst copy or copies. All accourrts not peid for wifhin forty -five (45) days of invoice shall be charged irderest et the rate of eighteen per cent (18%) per annum. ff such rete shall be precluded by local lew, this such rete shall be the hiphest rate alloweble pursuard to such lew. 11. Werranty: PriMer warrarrts that its work will meet appliceble speciflcatlons end other specific product ar�d work requiraments, ff eny, of this order and will be of good quality and free from defects in meterial and worlvnanship. All claims must be made evitivn five (5) days of receipt of goods. Defective items must be held for Printer's inspection and retumed to the original F.O.B. polrrt upon requesL The for�oing is expr�ssly in lieu of ali other wartanties whaboever, expressed, implied, and statutory, includ'mg, witl�out limftatlon, the impli� warrenties of inerchantability and fitness. Upon Customer's submission of a claim and ifs substentiation, Printer shall at its option either (1) replace i� produd or work at ei�er the original F.O.B. point of delivery or (2) reTund an equitable portion of the purd�ase price es determined by Prirrter. All work performed will be done during normal woridng hours of normal working days. The foregoing is Printer's only obligation and Customer's only remedy far breach of warranty, end except for gross negligenc� and willful miswndud, the foregoing is Customers only remedy hereunder by way of breach of contrect, tort, or othenvise. In no event shall Customer be entitled to incidentel or consequentlal damages. Any acdon for breach of this proposel muat be commenced wtthin two (2) years after the cause of actlon has orxurred. 12. Title and Risk of Lass: Title to produds which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer , or to a carrier consigned to CustDmer, and Printer shall not be liable for loss of, delay in shipment, or damage to any produds after tttle Uisreto has passed. Printer, however, retains title for security purposes only to all producfa until paid for in full in cash and may, at Printer's option, repossess the same from Customer's default in peyment hereunder and cherge Customer with eny defiaency. It is expressly agreed thet Printer shall not be held ifable for loss or damage on aa:ount of delays due to strikes, wars, fir�, floods, acciderrts, govemmental or munici�l laws, rules or regulatione, acts of providence, ita inability to secure apecified materials, or o�er causes beyond Printer's reasanable anticipetion or control. 13. fVo obscane or illegal literature will be prirrted by Printer under this contrect, nor shall Printsr be lieble for eny damag� erising out of violation of copyright laws or illegal use of trade names or slogens. The Customer guarantees the legal propriety of ell metter submitf� to Printer for printing and/or public�tlan; and will defend and indemnify Prirrter from and agetnet ell cleims and responsibility erising from the printinp and/or publication of such metter, includinp the lepal expenses and disbursements Incurred by Printer in connedion therewith. 14. Unless otherwise specified, Printer shell use such style, type, size and com�sitlon as, in its discxetion, seems to be to the �st interest of Customer. 15. Any and all mailing costs incurred by Printer in the performance of the specifications hereinabove set forth shall t� in eddidon to the contract price hereinabove set forth and shall be at the then currerrt retes of the United Stet� Postal Service end/or common cerrier. 16. Taxes: Customer shall pey all excise or other tax�. 'rf any, that may be levied on the products sold imder the contract or upon or in connection witlW the sale or shipmerrt thereof. 17. Delivery Dat�: Promised delivery dete is conUngent upon Customer's meeting its establfshed schedule responsibilities. Printer shall not be r�ponsible for consequential demapes for late deliveries. 18. Prices quoted are bas� on straight dme wrork. Overtime work caused by Customer's failure to meet deadlirre, delay in tuming in r.opy, plates, proofs, or other material necessary to complete the work within the time s�cfied, shall be charged for at cwrrent overtime rates , over arid above the pri� quoted herein. 19. Unless othervvise stated in writing, overruns or underruns, not ro exceed ten (10°k) per cerrt of the amount ordered, shell constitute an a�ptable delivery and the excess or deficiency shell be charyed or credited to tlie customer proportionately. 20. Customer Fumished Materials: My work required on meterials fumished by the Customer, including but not limit� to copy, mechenicals, negative end p�itive fiim, electrotypes, peper and pletes, shall be perform� at Customer's risk and bill� at cwrrent market retes. Responsibil'dy for quality of ineterial supplied will not be assumed by PriMer when Customer fumished such material used in producUon oF the printed order. 21. If it �mes necessary to instltute suR in eny court of law to enforce any of the provisions of the quotetlon, induding an action for collec6on or to enforce any of the stendard terms of sele, customer agrees to pey all legal expenses end disbursemerrts incurred by Prirder in conn�tion therewRh. 22. In the event actual delivery extends beyond the date set forth on Printers acknowledgmeM of order entry, Printer shell have the further right to revise pric�s upon the application of a frection, the numeretor of which shell be the Consumer Price Index at the Ume of actual delivery and the denominator of which shall be such Index at the proposed tlme of delNery set forth by the Printer in his aclmowledgment ta customer of order entry. Based on Trade Customs Adopted by PrinUng Industry ofAmerlca, Inc. Page 3 of 3 ADDENDUM � Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that aze associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services aze not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, a11 such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's infornaation technology systems. QUOTATION southeastern complexity made simple Estimate: 61644 Date: 8/21 /14 Cust-ID: 2833 Phone: 561-768-0443 Village of Tequesta Fax: 561-768-0697 345 Tequesta Drive E-Mail: Imcwilliams@tequesta.org Tequesta FL 33469 Rep: Tony Ellison Description: Fall 2014 Newsletter and 2-Inserts Newsletter size flat - 22 x 17, folds to 11 x 17 and soft-folds to 8.5 x 11 masthead out with 11 x 17 inserts in centerspread. Newsletter and Insert - 4cp/4cp, bleeds Stock - 80# MacGregor Gloss Text Trim, fold. send 4300 or 4600 to SEP Mailing Dept, 400 deliver to client We understand that you will be providing: Native Files on FTP to come 12-5-13 Quantity 4,700 Price $3,143.00 Thank you for the opportunity to provide you with this estimate, based on the specifications submitted. We look forward to exceeding your expectations. Please contact us if you need additional information. Payment Terms: Due in 30 days Supplied files/specifications/material will be reviewed and compared to the estimate upon receipt of job. Differences will be re-quoted which may result in a price change. EMAIL / FAX TRANSMISSION: This document includes our Standard Terms of Sale. If you did not receive, or if illegible, please call for a copy before signing. PLEASE READ, SIGN AND RETURN TO PLACE YOUR ORDER This quotation is subject to the terms and conditions set forth on the back side hereof and which are, by reference, made a part hereof. Prices quoted are based on details furnished to our estimating department and are subject to revision if, upon receipt of copy it is determined that the material deviates from original specifications. Any such price revision will be confirmed before the order is processed. We reserve the right to reject any order upon receipt without liability on our part . The item(s) ordered are for resale and not subject to sales tax. Please Initial The item(s) ordered are for internal use. Please charge s es t. - ----, Accepted by customer �'`� Date y'� '� �� Soulhensler�r� Page 1 of 3 3601 S'E Disie Higl�wai�, Sh�art, Flo�ida 34997 772-337-2l41 800-3?6-8??I Fas 77?-185-3988 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is made and, if accepted by Southeastern ("Printer"), order will be entered subject to the following trade customs and any other conditions expressed herein, which are hereby understood to be binding on both parties. Terms of this proposal shall be limited to thirty (30) days from date of proposal. It is to be clearly understood that such terms constitute the entire agreement of the parties, can be amended or altered only pursuant to writing signed by both parties, and in any event not by any stipulation, representation or agreement not contained in this contract, or by paro� evidence, and that these terms shall govern the order contrary to prior or subsequent writings by Customer notwithstandinp. 2. Orders regularly entered cannot be cancelled except upon terms that will compensate Printer against loss. All orders are subject to final acceptance by Printer, and it shall not be liable for any loss or damage resulting from its reasonable failure to accept orders, ship products ordered or notify Customer of its non-acceptance of orders. 3. Experimental work pertormed at the Customer's request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charped for at current rates. 4. Art work, sketches, copy, dummies, and all preparatory work including negative and positive films, plates, engravi�gs and other manufacturing tools or items created or furnished by Printer shall remain its exclusive property, and no use of same shall be made nor may any ideas obtained therefrom be used, except by written permission of Printer and upon compensation to be determined by Printer. 5. Art work, transparencies, photos, originals, computer disks, negative and positive films, plates, engravings a�d other manufacturing items when supplied by Customer are accepted at the Customer's risk and Printer shall not be liable for damage or loss in excess of out-of-pocket cost for raw materials or value aqreed to in writing between Printer and Customer. 6. Author's alterations: All changes from original specifications or copy made by Customer shall entitle Printer to additional charges, at the current rates for the additional work perFormed. 7. Errors: Printer shall not be liable for errors if printed matter conforms to copy furnished by Customer. Proofs will be submitted if requested by Customer. Corrections, if any, are to be made thereon and retumed with Proof/Print Authorization form marked "O.K." or "O.K. with corrections", and signed by duly authorized representative of Customer. If revised proofs are desired, request must be made when proof is returned. Printer shall not be responsible for errors if work is performed as per Customer's "O.K." 8. Press: An extra charge will be made for press proofs. Printer shall charge for additional press time arising from Customer delay during make-ready press check or for change orders received after job is plated. Because of the difference in equipment and conditions between color proofing and the pressroom operations, a reasonable variation in color behveen color proofs and the completed job shall constitute an acceptable delivery. 9. Customer's Property: All Customer's property that is stored with Printer is at the Customer's risk, and Printer shall not be liable for any loss or damages thereto caused by fire, thek, water leakage, rodents, insects, or any other cause beyond Printer's control. It is understood that the storape of Customer's property is solely for the benefit of the Customer. 10. Terms: Unless otherwise arranged for, a deposit of 50% is requested upon the signing of this proposal, 25% upon delivery of the job proof, and the balance upon completion of this order or upon delivery of the first copy or copies. All accounts not paid for within forty -five (45) days of invoice shall be charged interest at the rate of eighteen per cent (18%) per annum. If such rate shall be precluded by local law, this such rate shall be the hiphest rate allowable pursuant to such law. 11. Warranty: Printer warrants that its work will meet applicable specifcations and other specific product and work requirements, if any, of this order and will be of good quality and free from defects in material and workmanship. All claims must be made within five (5) days of receipt of goods. Defective items must be held for Printer's inspection and returned to the original F.O.B. point upon request. The foregoing is expressly in lieu of all other warranties whatsoever, expressed, implied, and statutory, including, without limitation, the implied warranties of inerchantability and fitness. Upon Customer's submission of a claim and its substantiation, Printer shall at its option either (1) replace its product or work at either the original F.O.B. point of delivery or (2) refund an equitable portion of the purchase price as determined by Printer. All work performed will be done during normal working hours of normal working days. The foregoing is Printer's only obligation and Customer's only remedy for breach of warranty, and except for gross negligences and willful misconduct, the foregoing is Customer's only remedy hereunder by way of breach of contract, tort, or otherwise. In no event shall Customer be entitled to incidental or consequential damages. Any action for breach of this proposal must be commenced within two (2) years after the cause of action has occurred. 12. Ttle and Risk of Loss: Title to products which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer , or to a carrier consigned to Customer, and Printer shall not be liable for loss of, delay in shipment, or damage to any products after title thereto has passed. Printer, however, retains title for security purposes only to all products until paid for in full in cash and may, at Printer's option, repossess the same from Customer's default in payment hereunder and charge Customer with any deficiency. It is expressly agreed that Printer shall not be held liable for loss or damage on account of delays due to strikes, wars, fires, floods, accidents, governmental or municipal laws, rules or regulations, acts of providence, its inability to secure specified materials, or other causes beyond Printer's reasonable anticipation or control. 13. No obscene or illegal literature will be printed by Printer under this contract, nor shall Printer be liable for any damages arising out of violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal propriety of all matter submitted to Printer for printing and/or publication; and will defend and indemnify Printer from and against all claims and responsibility arising from the printinq and/or publication of such matter, includinq the leqal expenses and disbursements incurred bv Printer in connection therewith. 14. Unless otherwise specified, Printer shall use such style, type, size and composition as, in its discretion, seems to be to the best interest of Customer. 15. Any and all mailing costs incurred by Printer in the performance of the specifications hereinabove set forth shall be in addition to the contract price hereinabove set forth a�d shall be at the then current rates of the United States Postal Service and/or common carrier. 16. Taxes: Customer shall pay all excise or other taxes, if any, that may be levied on the products sold under the contract or upon or in connection with the sale or shipment thereof. 17. Delivery Dates: Promised delivery date is contingent upon Customer's meeting its established schedule responsibilities. Printer shall not be responsible for consequential damaqes for late deliveries. 18. Prices quoted are based on straight time work. Overtime work caused by Customer's failure to meet deadline, delay in tuming in copy, plates, proofs, or other material necessary to complete the work within the time specified, shall be charged for at current overtime rates , over and above the price quoted herein. 19. Unless otherwise stated in writing, overruns or underruns, not to exceed ten (10%) per cent of the amount ordered, shall constitute an acceptable delivery and the excess or deficiency shall be charped or credited to the customer proportionately. 20. Customer Furnished Materials: Any work required on materials furnished by the Customer, including but not limited to copy, mechanicals, negative and positive fiim, electrotypes, paper and plates, shall be performed at Customer's risk and billed at current market rates. ResponsibiliTy for quality of material supplied will not be assumed by Printer when Customer furnished such material used in production of the printed order. 21. If it becomes necessary to institute suit in any court of law to enforce any of the provisions of the quotation, including an action for collection or to enforce any of the standard terms of sale, customer agrees to pay all legal expenses and disbursements incurred by Printer in connection therewith. 22. In the event actual delivery extends beyond the date set forth on Printers acknowledgment of order entry, Printer shall have the further right to revise prices upon the application of a fraction, the numerator of which shall be the Consumer Price Index at the time of actual delivery and the denominator of which shall be such index at the proposed time of delivery set forth by the Printer in his acknowledgment to customer of order entry. Based on Trade Customs Adopted by Printing Industry ofAmerica, Inc. Page 3 of 3 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the 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 Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems.