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HomeMy WebLinkAboutAgreement_General_10/08/2015 (7) QUOTATION southeastern L complexity made simple Estimate: 71167 Date: 9/9/15 Cust -Ill: 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: 2015 Fall Newsletter with 1 insert Flat size - 22 x 17, folds to 11 x 17 and soft -folds to 8.5 x 11 masthead out. with 1 -2pp insert 11 x 17, postitioned inside newsletter Printing - 4cp /4cp, bleeds Stock - 80# MacGregor Gloss Text Trim, fold. send 4300 to SEP Mailing Dept, balance delivers to client We understand that you will be providing: Native Files on FTP Quantity 4,700 Price $2,434.00 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 sal to . Accepted by customer Date r9 PA.,* Southeastern Page 1 of 3 3601.i•1•: Nitre r ,gh,,- v. bh,rn-r, blorichi 34997 77 -2141 400-226-8221 f•ia 772.188 -3988 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is made and, If accepted by Southeastem (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. Terns of this proposal shag be limited to thirty (30) days from data of proposal. It is to be clearly understood that such terra 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 Ihis contract, or by parol evidence, and that these terms shall govern ttxi order contrary to prior or subsequent writings by Customer notwithstanding. 2. Orders regularly entered cannot be cancelled except upon terms that will compensate Printer against loss. All orders we 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 performed at the Customer's request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charged for at current rates. 4. AR work, sketches, copy, dummies, and all preparatory work including negative and positive films, plates, engravings and ottrer manufacturing tools or items crested 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 and other manufacturing items when supplied by Customer are accepted at the Customer's Ask and Printer shall not be liable far damage or loss in excess of out -of- pocket cost for raw materials or value agreed to in writing between Printer and Customer. 0. Authors altaratione: All changes from original specifications or copy made by Customer shall entitle Printer to additional charges, at the current rates for the additional wok periomad. 7. Enors: Printer shall not be liable for errors if printed matter conforms to copy fumished by Customer. Proofs will be submitted if requested by Customer. Corrections, if any, are to be made thereon and returned 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 shag not be responsible for errors if work is perfumed as per Customer's "O.K" 8. Press: An Odra 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 between color proofs and the completed job shall constitute an acceptable delivery. 9. Customers Property: AN 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, theft, water leakage, rodents, insects, or any other cause beyond Printer's control. it Is understood that the storage of customers 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 -fee (45) days of Invoice shag be charged interest at the rate of eighteen per cent (18 %) per annum. If such rata shall be precluded by local law, this such rate shall be the highest rate allowable pursuant to such law. 11. Warranty: Printer warrants that Its work will meet applicable specifications and other specific product and work requirements, If any, or this order and will be of good quality and free from defects in material and workmanship. A I claims must be made within five (5) days of recut 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 Neu of all other warranties whatsoever, expressed, implied, and statutory, including, without limitation, the implied warranties of merchantability 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 determned 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 !reach 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. Title and Risk of Loss: Title to products which Printer sells to Customer shell pass to Customer upon delivery of the products to Customer, or to a carder 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 large Customer with any deficiency. it is expressly agreed that Printer shall not be held gable for loss or damage on account of delays duce to strikes, wars, fires, floods, accidents, governmental or municipal laws, rules or regulation, acts of providence, its inability to secure specified materials, or other causes beyond Printers reasonable anticipation or control. 13. No obscene or illegal literature will be printed by Printer under this contract, nor shall Printer Its 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 ratter submitted to Printer for printing and/or publication; and will defend and indemnify Printer from and against all claims and responsibility arising from the printing and/or publication of such matter, including the legal expenses and disbursements incurred by 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 coats incurred by Printer in the performance of the specifications hereinabove set forth shall be in addition to the contract price hereinabove set forth and shall be at the then current rates of the United States Postal Service and/or common carrier. 18. Taxes: Customer shall pay all exciss 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 damages for late deliveries. 18. Prices quoted are based on straight time work Overtime work caused by Customer's failure to meet deadline, delay in turning in copy, plates, proofs, or other material necessary to complete the work within the time specified, shag be charged for at current overtime rates , over and above the price quoted herein. 19. Unless otherwise stated in writing, overruns or undemms, not to exceed ten (10%) per cent of the amount ordered, shalt constitute an acceptable delivery and the excess or deficiency shall be charged or credited to the customer proportionately. 20. Customer Furnished Materials: Any wont required on materials furnished by the Customer, Including but not limited to copy, mechanicals, negative and positive film, 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 quotalion, including an action for collection or to enforce any of the standard terms of sale, customer agrees to pay all loge[ expenses and disbursements incurred by Printer in connection therewith. 22. In the event actual delivery extends beyond the dam 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 shag 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 J 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. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 lieu of written agreements for classes of contractual services; revising terminology; creating s. 287.136, F.S.; requiring the Chief Financial Officer to perform audits of executed contract documents and to discuss such audits with the agency officials; requiring the agency head to respond to the audit; amending s. 287.076, F.S.; providing that Project Management Professionals training for personnel involved in managing outsourcings and negotiations is subject to annual appropriations; amending ss. 16.0155, 283.33, 394.457, 402.7305, 409.9132, 427.0135, 445.024, 627.311, 627.351, 765.5155, and 893.055, F.S.; conforming cross- refer- ences; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is created to read: 119.0701 Contracts; public records.— (1) For purposes of this section, the term: (_a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s 119.011(2). (b) "Public agency" means a state, county, district, authority, or muni- cipal officer, or department, division, board bureau, commission, or other separate unit of government created or established by law. (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service b Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed exce t as authorized by 1 (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 2 CODING: Words stamen are deletions; words underlined are additions. Y Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. Section 2. Section 215.971, Florida Statutes, is amended to read: 215.971 Agreements funded with federal or aR4 state assistance. — W Fer An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must the agreement shall include all of the following (a2E-14 A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to perform_; –ate J2(2 A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (c) A provision specifying the financial consequences that apply if the recipient or subrecipient fails to perform the minimum level of service required by the agreement The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant Funds refunded to a state agency from a recipient or subrecipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. (d) A provision specifying that a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period (e) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency (f) A provision specifying that any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. W Any additional information required pursuant to s 215.97. (2) For each agreement funded with federal or state financial assistance, the state agency shall designate an employee to function as a grant manager who shall be responsible for enforcing performance of the agreement's terms and conditions and who shall serve as a liaison with the recipient or subrecipient. 3 CODING: Words strieken are deletions; words underlined are additions.