HomeMy WebLinkAboutDocumentation_Regular_Tab 05_12/08/2016 .
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COMPREHENSIVE ANALYSIS
Village Manager's Office - Administration
To: Michael Couzzo, Village Manager
From: Debra Telfrin, Executive Assistance
Date: 11/15/i6
Subject: 5outheastern Printing — Fall Smoke Signals Newsletter #80857
I respectfully present the following memorandum to the Village Manager.
Southeastern Printing is the selected vendor who has printed the 2016 Fall Edition of the
Village's Newsletter, The Smoke Signals. Quote #80857 is to prepare the newsletter for mailing.
Quantity prepared to mail is 5,030 pieces at a cost of $546.00
Thank you.
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complexity made simple
� Estimate: g0857
Date: 11 /8/16
Cust-ID: 2833
Cori 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 Eilison
Description:
2016 Fall Newsletter & Insert - Mailing
Process file including address standardization, NCOA update, 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 $.569 each
We undersfiand 2hat you will be providing:
Pick up list from previous #958695-M
Quantity 5,030
, Price $546.00
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. EM,41L / 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 RE7URN TO PLACE YOUR ORDER
This quotation is subjest to the terms and conditions set forlh on lhe back side hereof and which are, by reference, made a part hereof. Prices quoted are based on details fumishetl to
our es6mating depar(ment antl are suhject to revision if, upoq receipt of copy it is determined that lhe material deviates from,original specifications.
Any sucfi price revision will 6e confirmed hefore the order is processed. We reserve the right to rejecl any order upon reeeipt without liability on our part
All orders are sublect to underruns or overruns of up to 10% and the deflciencV or excess credited or charqed proporttonatelV. PRICES REPAAIN IN EFFECT 30 DAYS
The item(s) ordered.are for resale and not subject to sales tax.
f I��S@ 0�➢B�j�O: The item(s) ordered are for internal use. Please charge sales, tax.
Accepted by customer Date ���` � � � � �'
Sot�theastern Page 1 of 2
360! SEDi.rie Kigkirny, Stuart, Florida 3Q997 • 77?=187-?14/ • 800-136-8221 • Fa.e 773-288-3988
SOUTHEASTERN STANDARD TERMS OF SALE
1. This proposal is made and, if accepled by Southeastem (°Printer"), order will be entered subject to the following trade customs and any other condiGons expressed
herein, which are hereby understood to he binding on both parties. Tertns of this proposal shall be limited to thirty (30) days from date of proposal. It is to 6e dearty
understood that such terms constiWte Ihe entire agreement of the pa�ies, can be amended or altered only pursuant to writing signed by both parties, and in any event
not by any stipula6on, representation or agreement not contained in ihis cantract, or by parol evideace, and lhat these terms shall govem lhe order contrary to pri�r or
subsequent writinps bY Customer nolwithstandinp.
2. Orders regularly entered qnnot be cancelled excepl upon terrtts that will compensate Printer against lass. All orders are suhject to final acceptance by Printer, and it
shall not be liable for any loss or damape resul6ng from its reasonable failure to accept orders, ship products ordered or notify Customer of its non-acceptance of orders.
3. Experimental work perfortned at ihe Customer's request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charged
fir at current rates.
4. Art work, sketches, copy, dummies, and all preparatory work including negalive and p�si6ve films, plates, engravings and other manufacturing tools or items created or
(umished by Printer shall remain ifs 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 he detertnined bv Printer.
5. Art work, transparencies, photos, originals, camputer disks, negative and pasipve films, plates, engravings and other manufacluring items whan suppiied by Customer
are accepted at the Custaners risk and Printer shall not be liable for damage or loss in excess of out-of-pocket cost for raw materials or value agreed to in writing
belween Printer and Customer.
6. Authors alterations: All changes from original specificaUons or copy made by Customer shall entiUe Printer to addilional charges, at the curtent rates for the addiGonal
work perfartned. .
7, Ertars: Printer shall not be liabie for ertors if printed matter confortns lo copy fumished by Cuslamer. Proofs will be submitted iF requested by Custaner. CorrecGons, if
any, are to be made Ihereon and retumed with PraoilPrint Author¢afion form marked 'O.K.° or "O.K. with corrections", and signed by duty authorized representative of
Customer. If revised proofs are desired, request must be made when p�aof is retumed. Prinler shall not be responsible for errors if work is perfortned as per Customer's
°O,K."
8. Press: M extra charge will be made for press proofs. Printer shall charge for additional press tlme arising (rom Customer delay during make-ready press che�k or fir
change arders received after job is plated. Because of the differen�e in equipment and conditions between color proofing and ihe pressroom operations, a reasonable
variation in color between color proofs and the completed iob shall constilute an acceptable delivery.
9. Customers Property: All Customers property that is stored with Printer is at ihe Customers risk, and Printer shall not he liable for any loss or damages thereto caused
, by fire, fheft, water leakage, rodents, insecGs, or any ather puse beyond Printer's conUol. it is understood that ihe storage of Customets property is solely for ihe benefit
of ihe Customer.
10. Tertns: Unless othenvise artanged for, a deposit of 50% is requested upon the signing of this proposal, 25°/a upon delivery of the jab praof, and the balance upon
complefion of fhis order or upon delivery of the first copy ar copies. All accounts not paid for within forty-five (45) days of invoice shall be charged interest at lhe rate of
eiqhteen per cent (1 B°�) per annum. If such rate shall he precluded by loral law, this such rate shall be the hiuhesi rate allowable pursuant to such law.
11. Wartanty: Printer warrants that fls work will meet applirable speoificafions and other speciflc product and work requirements, if any, of this order and will be of good
quality and free irom defects in material and workmanship. All daims must be made within five (5) days of receipt of goods. DefecGve items must be held for Printer's
inspecfion and retumed to the original F.O.B. point upon request. The foregoing is expressly in lieu of all other warranGes whatsoever, expressed, implied, and statutory,
including, without limita6on, lhe impiied warranGes of inerchantability and fitness. Upon Customers submission of a claim and its substan6ation, Printer shall at ils option
eilher (1) replace its product or work at either tha original F.O.B. point of delivery or (2) refund an equilahle portion of the purchase price as detertnined by Printer. All
work performed will be done during normal working hours of normal working days. The foregoing is Prinlers 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 conUact, tort, or othenvise. In
no event shall Customer be enfitled to incidental ar consequenUal damages. Any ac6on for breach of this proposal must he commenced wiihin two (2) years afler lhe
cause of action has occurred.
12. Title and Risk of Lass: Title to products which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer, or to a carrier cansigned to
Customer, and Printer shall nat be liable for loss of, delay in shipment, or damage to any products after fiUe thereto has passed. Printer, however, refains fiUe for security
purpases only to all products until paid for in full in cash and may, at Printers oplion, 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 liahle for loss or damage on account of delays due lo sVikes, wars, fires, floods,
accfdents, govemmental or municipal laws, rules or regulabons, acis of providence, its inability to secure spe�ified materials, or other causes 6eyond Printers
reasonable anticioa6on or control.
13. No obscene or illegal literature will be printed by Printer under ihis contract, nor shall Printer be 1ia61e for any damages arising out of violation of copyright laws or illegal
use of trade names or slogans. The Customer guarentees the legal propriety of all matter submitted to Printer for prinling andlar pu6lication; and will defend and
indemnify Printer from and against all daims and responsibility arising from the printing and/or publicafion of such matter, including the legal expenses and
dis6ursements incurred by Printer in connectian therewith.
14. Uniess othenvise specified, Printer shall use such style, type, s¢e and wmposition as, in fls discretion, seems to be to the best interest of Customer.
15. My and all mailing costs incurred by Prinler in the perfortnance of lhe spedfica6ons hereinabove set forth shall be in addi6on to the coniract price hereinabove set foRh
and shall be at the Uten curre�t rates of the Unfted States Postal Service and/ar common carrier.
16. Taxes: Custamer shall pay all excise ar other taxes, if any, that may be levied on Ihe producls sold under the contract or upon or fn connection with the sale or shipment
thereof.
17 Delivery Dates: Pramised detivery date is conlingent upon Customers meeting its established schedule responsibilities. Printer shall not be responsible for
consequential damapes for late deGveries.
18. Prices quoted are based on straight bme work. Overtime work caused by Customers failure to meet deadtine, delay in tuming in copy, plates, proofs, or other material
necessarv to wmolete the work within the time soecified, shall he charqed for at current overiime rates, over and above the priee auoted herein.
19. Unless otherwise stated in wri6ng, overzuns or undertuns, not to exceed ten (10%) per cent of the amount ordered, shall cansGtute an acceptable delivery and the
excess or deficiency shall be charqed ar credited to the cuslomer proDOrtionately.
20. Customer Fumished Materials: Any work required on materials fumished by the Customer, inciuding but not IimRed to copy, mechanicals, negative and posilive film,
elecUotypes, paper and plates, shall be performed at Customer's risk and billed at current market rates. Responsibility for qualily of material supplied will not be
assumed bV Printer when Customar fumished such material used in production of the printed order.
21. If it becomes necessary to institute suit in any court of law to enfarce any of the provisions of the quotation, including an action for colleclion or to enforce any of the
standard terms of sale, customer aprees to RaV all lepal e�enses and disbursements incuRed by Printer in conneclion therewith.
22. in the event actual del'Nery extends heyand the date set forth on Printers acknowledgment of order eniry, Printer shall have the further right to revise prices upon the
appliplion of a fraction, the numerator of which shall be the Consumer Price Index at the fime of actual delivery and Ihe denominalor of which shall be such index at the
proposed time of deliverv set forth by the Printer in his acknowledpment to customer of order entry.
Based on Trade Customs Adopted by Printing Industry ofAmerica, Inc. Page 2 of 2
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statufes,
CONTRACTOR must keep and mainfiain 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 fhe 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 Vil{age. 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 al! applicable requ'irements for retaining '
public records. Records that are stored electronically must be provided to
the VILLAGE u on re uest from the Villa '
, p q ge s custodian of ublic records
,
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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 CONi'RACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILIAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-
0685, OR AT Imcwillia►ns@te�taesta.or�, OR AY 345 TEQUESTA DRIVE,
TEQUESTA, FLORfDA 33469.
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COMPItEHENSlVE ANALYSIS
, Village Manager's Offzce - Administration
To: Michael Couzzo, Village Manager
From: Debra Telfrin, Executive Assistance -
Date: 11/15/16
Subject: Southeastera Printing — Fall Smoke Signals Newsletter #80856
I respectfully present the following memorandum to the Village Manager.
Southeastern Printing is the selected vendor who has printed the 2016 Fall Edition of the
Village's Newsletter, The Smoke Signals. Quote #80856 is to print &£old the newsletter.
Quantity prepared to mail is 5,500 pieces at a cost of $2,403.00
Thank you.
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complexity made s'iinpte
Estimate: $pg36
Date: 11 /9/16
Cust-ID: 2833
Phone: 561-768-04.43
Vllage ofl"equesta Fax: 561-768-0697
345 Tequesta Drive E-Mail: Imcwilliams@tequesta.org
Tequesta FL 33469 Rep:, Tony. Ellison
Description:
2016 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# MacGregoc Gloss Text
Trim, fold. send 5100 to SEP Mailing Dept, balance delivers to client ' �
We undees4and thatyou will be providing:
Output files from Dropbox sent from� Phil Glenn, forwarded to Helen.
Quanttty 5,500 5,300
Price $2,438.00 $2,403.00
Thank you for the opportunity to provide you with this estimate, based on the specifcations 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 docoment includes our Standard
Terms of Sale. If you did not receive; or if illegible, please call for a copy before signing.
PLEASE READ, 51Gfd AND RETURN TO PLACE YOUR ORDER.
This quota6on is su6ject to fhe terms and condiUons set foAh on the.back side hereof and whfch are, by reference, made a paRhereo(. Prices quoted are based on details furNshed to
our estimaUng depadmenl and are subject to revision ff, upon receipt of copy It is.determined that fhe material deviates from originaLspec�cations.
Any such price revision will be confirmed before the order is processed. We reserve dhe rightto rejecfany order upon receipt witfiout Iiabiliry on our part.
All orders are subiect to underruns or overruns of up to 10% and the deficiencv or excess credited or char�ed proportionatelv. PRICES REMAIN IN EFFECT 30 DAYS
The-item(s) ordered are for resale and not subjecf to sales tax.
Ple��e 9�it6a1 The item(s) ordered are for intemal use. Please charge sales tax.
-�
Accepted.bycustomer ��_ Date ��/� � �O
Sotatheastern Page 1 of 2
36U! S(; Dtxie Highwtry, Stuae�, !'Yoridu 34997 � 772-287-21 al - 800-22G-t3221 • Far 77?-288-398A
SOUTHEASTERN STANDARD TERMS OF SALE
1, This pioposaf is made and, ff accepted by Southeastem ('Prin�t�, order will be e�e�ed subject to the fillowing trade customs and any other conditions expressed
herein, whteh are hereby urtderstoad tn he bindfng on both parties. Tertns of this propasal shall be Umited ta thirty (30) days i�am date of propasal, R is to be clearty
undersmod that such tecros constliute the entire agreement of the parBes, can be amended or alte�ed only pursuant to writing signed by both parties, and in any event
not by any sUpulatlon, rep�asenfatian ar ag2ement not contained in th(s wntract, ar by parol evidence, and ihat fhese tertns shali gavem ihe ordsr contrary to pdar or
subseQUe�writinps by Customer nat�vitlistandinp.
2. Obers regula�fy er�ered cannot be cancelied except upon tertns fhat will compensete Printer against loss. An arders are sub]ect to final acceptance by Printer, and it
shaH not be liabis for any lass ordamage resuitlnp from its reasonabte fa�ure lo acceDt orders, ship products ordered or naUfv Cusmmer of its non-accept�ce of o�decs.
3. Expedmenhal wark perfomied at the Cusbmers request, s�h as, but not 6mited to sketches, drawings, camposi�on, plates, p�essrrork and materials' sha11 be charged
faratcurte�rah�s.
4. Art work, sketches, copy, dummfes, and all pceparatory wurk induding negative and positive films, plates, engravings and other manufacfuring tools or ftems qea�d ar
furttished by Pr'vrher shall remafn ifs exdusive p�operty, and no use of same shall be made nor may any ideas obtained thereirom be used, except by written pemiission
of Printer and upon campensation to be determined by PriMer.
5. Art wark, transparenaes, phoGos, odgtnais, compufler disks, negative and positiva flims, plates, engravings and ofher manuFaciuring items when supplied by Cusiomer
are accepted at the Gusmmers risk and Printer sha� not be Gahle for damage or loss in excess of out-of-pocket cost for raw materiafs ar value agreed tn in writing
betweea Prtnter and Gustomer.
6. Autliots alteraUans: All changes from original specifica@ons or wpy made by Customer shatl entitle Pri�rter b additional charges, at the curteM rates for the additlonal
wock DetFartned.
7. Flmrs: Printer shall rrot be Ihable for ertors 'rf primed ma@er mrrfo�ms to copy fumished by Cusiomer. Proois v�n�l be suhm'�ted if requested by Customec CortecHons, If
arry, are lo be made thereon and retumed with P�ooflPrint Autlwraation form marked 'O.K" or 'O.IC with cortectlons', and signed by duly aulhoro.ed represenfative af
G1�stamec If revised proots a2 desired, request must be made when praaf Is �etumed. Printer sha� not be respons@le for ermrs 'rf vmrk is perfartned � per Customars
'O.K.°
8. Piess: An extra charge wi� be made for p�ess pmois. Pd�er shall cherge for add'rflonat press time arisi� hom Customer delay during make�ready press check or far
change arde�s recehred afte� Job is plated. Because ot Uie differance in equlpment and conditions between calor proofing and the p�essroom operaBons, a reasanable
vada6on in color behveen color p�aafs and the compieted iob shall canstitute an accepiable de6very.
9. Castomer's Property: All Custnmers pmperty fhat is stored with Printer is at the Custame�s risk, and PriMer shall not be Ilable for any loss or damages ffiereto caused
by fire, tl�eft, water [eakage, mdents, fnsecfs, or any other causa beyond Printers wntroi. It is understood that the storage of Customer's properly is solety tor the 6enefit
of the Customer.
10. Tartns; Unless ofheiwise artanged for, a deposit of 50� Is requested upon the signing of thls pmposal, 25°� upon deGvery of the job proof, and the balance upon
campletion of this ortler ar upon defnery af the ftrst copy or co�es. All accaums not paid for within ToAy�five (4S) days of invoice shall be charged Interest at the rate of
elphteen per cent (18�) per annum. If such 2fe sha� be precluded bV �caf law, this such rabe shall be the hiphest rate aVowabfe pursuent ro such law.
11. Warranry: Printer wartants that its vrork will meet applicahie specificatlons and other speciflc product and wo�C raqulremenfs, if arry, of thls order and wfll be of good
qualfty and free irom defecis In materiai and workmanshlp. Afl claims must be made wilhin five (� days of receipt of goods, De(ective items must he hefd for PdMers
inspectlon and retumed to the original F.0.8. point upon �equest The foregoing is expressiy in Geu of a� offier wartandes whatroever, expressed, implied, and stad�ry,
indudng, without limifatlon, ihe implied vrartantias of inerchantab�lity and fitness. Upon Customet's submfssion of a clahn and its substantlaUon, Printer shall ffi its aptian
either (1) replace iis p�oduct ar work at either the ariginal F.O.B. pofnt of delivery or (2) �efund an equitable portion ot the pu�chase pdce as determined by printec All
work perfortned will 6e dane dudng nam�al woridng hours of nortnal wodting days. The toregoing is Pdnters only obligation and Customers anly remedy for b2ach of
warranty, and except tor gross negligences and wi�ful miscanda�, the faregoing Is Customers onty remedy he�eunder by way of breach of contract, tod, or othervuise. In
na event shall Customer be entitied to inadental or consequential damages. My action for breach of this pmposal musl be commenced within two (2) years atter the
puse of adion hes accuaed.
12. Tflle and Risk of Loss: Trtle Oo praducis which pdnter selis to Customer shall pass to Customer upon defrvery of t�e producfs to Customer, or to a cartier conslgned to
Customer, and Printer sha� not be Gahle for loss of, delay In shipment, ar damage to any praducls after fitle therelo has passed. Printer, however, retains title far security
pwposes only ta all produc6s until paid for in fiill in cash and may, at Printers option, repossess the same from Customers detauit in payment hereunder and charge
Custamer with any deftciency. It is expressty ag�eed mat Printer shall not be hald Ilable for loss or damage on aa;oum of detays due tn strikes, wars, fiies, ftoods,
acddenfs, govemmeMal ar muNdpal laxis, rules or regulatluns, a�fs of providence, its tnab�ity to seai�e specified materiais, ar other causes {�eyand Printars
ieasonable anUcipatlon orcantrol.
13. No obscene or iilegai literdh�re w(II 6e pdnted by Pdnter under this conVact, nor shall Prinffir be fiahle tor any damages arising aut of v(alatlon af copyrtght laws or illegal
use oi trade names or slogans. The Customer guarantees the legal propriety of all matter submftted to Printer tor pdndng andfor pu6�catlon; and will defend and
indemnfiy Pdnter from and against all cYaims and responsib�ity erising irom fhe prinUng andlor publ'uxfton of such marier, including the Iegal expenses and
disburseme�s irtcurred bv Printer In conne�tion therewifh.
14. Unless othendse speafied, Printer shall use such slyde, type, s¢e and compositlon as, in ffs dlscretion, seems to 6e to the best interest af Customer.
15. Arry and atl mailing costs incurted by Printer tn the pertortnance of the speaficafions he�efnabove set foAh shall be in addi�on to the eontract ptice hereinabove set forth
and shail ba ffi the then curtenf cates of ihe United States Postal Senrice andlor common cartter.
16. Taxes: Customer shall pay all excise or ott�er t�ces, H any, that may be Ievied on the producLs safd under fhe conhact or upon or in connedion with the saie ar shipmeM
thereof.
17. Delhrery Dabes; promised delivery date is wntingent upon Customers meetlng iLs esfabl�hhed schedule responsibiGUes. Pdnter shall nol be responsi6le for
conseque�lal damapes for late dei'nreries.
1B. Prices quoted are 6ased on straight time xrork Overtime wark caused by Customers faiiure to meet deadline, delay (n tuming fn copy, plates, proofs, or oiher material
necessary to complete ihe xrork wNhln the time spec�ed, shall be diarped for at curteM overtime rates, over and above the price quoted herein.
19. Unless othenvise sfated in writing, ovemms or undertuns, not to exceed ten (10°�) per cent of the amaunt orde2d, shall constihite an ac�reptable delivery and the
excess or deficiency shall be shar�ed orcredtted tn the custamer pmportlonately.
20. Cusiomer Fumished Matedals: My uuork tequired on matedals fumished by the Customer, Including but not limited to copy, mechanlcaLs, nega�ve and positive film,
electrotypes, paper and plates, shall be perfortned at Customers dsk ar�d billed at curcent market rates. Respansi611ity for quality of material supplied w(11 nat be
assumed bv Pdnterwhen Cusiomer fumished such material used in Droduction of the printed oNer.
21. Ii It becames necessary to institute suit in any court of taw to eMorce any of fhe pmvlsions of the quotation, including an adian for coilection ar to enfo�e any of ihe
standard tertns of sale, customer apraes to pay all lepal expenses and disbursementsincuned by Printer in connection therewith.
22. In the event actual de�very extends beyond Ihe date set forfh on Printers acknowledgment of order entry, Printer shall have the further rfght ta revise prfces upon the
appGcatlon ot a fraction, the numerator of which shall be the Cansumer Price Index al the Ume af actual delNery and ihe denominator oi which shali be such index at tha
proposed time of defiverv set torth bY ihe Printer in his acknowledAment to customer of order enW.
Based on Trade Customs Adopted by Printing Industry ofAmerica, Inc. Page 2 of 2
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PUBLIC RECORDS. In accordance with Sec. 119.0701, Floridd Statutes,
CON7RACTOR 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 Prvpvsal 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 accardance w[th access
and cost requirements of Chapter 119; Florida Statutes. A CONTRACTOR
who faifs to provide the public records to the Village, or fails to make them
availabfe 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 confidentia{ records
associated with this Agreement or associafied 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,
CONTRAC70R 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 firansfers alf pubiic records to
the Village upon completion of the Agreement, the CONTRACTOR shall .
destroy any dupficate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon cornpletion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronicafly 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 technolagy
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-
0685, OR AT {rncwilliams@tec�ues�a.or�, Oit AT 345 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469.
� � . .
em
0
To: Mayor Brennan, Mr. Cou nd V' age Council Members
. r
From� Chief Medina
Date: November 14, 2016
Re: fnterim Firefighter Contract for Jimmy Sanchez
Tequesta Fir�Rescue will be losing interim Fireflghter, Luis Aguilar. He was hired by
the Tawn of Palm Beach and wili be leaving our employ. His departure has caused a
shortage of shift personnel on the Fire Department's roster.
Our department has developed a list of eligible employses from the most recent test we
administered in October, 2016. The next candidate eligible for hire is Jimmy Sanchez.
Mr. Sanchez has accepted our offer of employment as an interim Firefighter under the
terms of our customary Interim Firefighter Contract. The position has previously been
budgeted for when FF Aguilar was in our employ and the approval of this contract will
6e strictly a replacement.of personnel and have no new financial impact.
tt is respectfully requested the Interim c:ontract for Jimmy Sanchez be approved,
commencing on November 7, 2016 for a three-year period, expiring on November 7,
2Q19.
Thank you for your consideration.
i
i
. Viliage of Tequesta
Interim Employment Agreement
THIS AGREEMENT is made and entered into this �" day of �
20�, by and between the VILLAGE OF TEQUESTA, a municipal corporation of the
State of Florida (hereinafter referred to as "Village"), and JlMMY SANCHEZ ,
an individual, (hereinafter referred to variously as °Employee" or �Interim Firefighter") as
foll
ows:
Section 1. Duties . �
The Village hereby agrees to hire Employee as an lnterim Firefighter to perform the
duties and functions of a Firefighter I, in accordance with the job position description
attached hereto and marked as Appendix "A". Employee shall be subject to, and abide
by, the Ordinances of the Village, the �Ilage Empfoyee Handbook, Fforida Statutes and
Federal laws goveming Firefighters and Emergency Medicaf Technicians. Employee .
agrees to perform duties and responsibilities hereunder and such other reasonable
duties and responsibilities as are assigned to him from time. to time by the Fire Chief
and/or the Village Manager.
Section 2. Description of Position
The Village has started an interim firefighter program to assist individuals in obtaining a
career in the fire service and to assist individuals with higher education opportunities.
Interim firefighters serve on an "as needed" basis as determined in the sole discretion of
the Village. Interim firefighters serve at the will of the Village. Interim firefighters can be
relieved of duty at any time for any reason or no reason.
Interim firefighters will receive a copy of the Village Employee Handbook and the Fire-
Rescue Department's Policy and Procedure Manual at the time of initial employment.
Interim firefighters are responsible for compliance with General Personnel Policies and
Standards of Conduct as set forth in the Vilfage Employee Handbook. However, other
than rights and benefits specifically listed in this Agreement, interim firefighters are not
entitled to any rights or benefits set forth in the Village's Employee Handbook, including,
but not limited to, any grievance procedure rights.
Section 3. Term
This Agreement shall commence as of the date hereof and shall remain in effe
ct for a
eriod of three
p (3) years. This A reement can be renewed for
9 an additional three 3
�)
year term by mutual consent of both parties. No modifications, changes or
amendments to any provision of this Agreement �can be implemented without express
written agreement being executed by both parties.
Employee agrees that he is an at-wifl employee and will serve at the pleasure of the �
Village Manager and/or Fire Chief. Nothing in this Agreement shall prevent, limit or
otherwise intertere with the right of the Village Manager or Fire Chief to terminate the
services of the Employee. Employee agrees that he has no property rights in
i
employment with the Viflage and does not have the right to file a grievance conceming
any of the terms or conditions of this Agreement or otherwise.
Nothing in this Agreement shall prevent or otherwise interFere with the right of the
Employee to resign his employment with the Village, subject to the provisions with
Section 4 (Termination).
Section 4. Termination
In the event that Employee is terminated before the expication of the afocesaid term of
employment #or reasons other than moral turpitude, the Vi[lage agrees to pay the
Employee for any accrued sick leave and vacation benefits in accordance with the
provisions of •the Village Employee Handbook appiicable to full time �Ilage employees.
The Employee will also be eligible for his portion of the Education Assistance Funds
(defined below) that he has eamed, for a period of time up to finrelve (12) months from
his date of termination. Education Assistance Funds not utiiized within this twelve (12)
month time frame shall be forfeited to the Village.
If Employee is terminated for moral turpitude, he shall forFeit his accrued sick leave,
vacation pay and education assistance funds.
If the Employee voluntarily resigns from the position of interim firefighter prior to the
expiration of this agreement, Employee shall forfeit all accrued sick leave, vacation pay
and education assistance funds to the Village as liquidated damages.
Section 5. Salary
The Village will compensate Employee at the prevailing minimum wage for all hours
worked during his normal workweek. The normal workweek for Fire Department
employees is forty-eight hours. This is based on working one hundred and forty-four
(144) hours in a twenty-one (21) day cycle. The Village reserves the right to adjust the
normal workweek hours as needed and in accordance with the Fair Labor Standards
Act.
Employee will occasionally be needed to work extra hours. The Viflage provides
compensation for extra hours worked at a rate of one and one-half (1-1/2) times the
� normal hourly rate of pay for all hours worked in excess of the normal work cycle. For
the purpose of computing hours worked, annual leave, sick leave and time lost due to
, an on-duty injury shall be considered time worked.
Employee is entitled to receive any across the board increases granted to the non-
unionized firefighters by the Village and his hourly rate of pay wi{I be adjusted
accordingly.
Section 6. Benefits �
a. Vacation: Employee will receive two weeks of paid vacation for each year
Employee is employed under this interim program. At the successful completion
of Employee's fin►elve-month probationary period Employee is entitled to use
2
I
Employee's vacation leave in accordance with the policies governing such
usage. However, Employee will not be compensated for time off, if granted,
during Employee's probationary period.
b. Sick leave: Employee is entitled to Sick Leave benefits as applied to full time
Village employees and in accordance with the policies governing such.
c. Holiday Pay: The �llage will provide Holiday Pay to Employee as they would to
full time employees and in accordance with the poficies governing such.
d. Health and Life Insurance: Interim Firefighters are eligible for Village
sponsored heaith care benefits. This coverage will be identical to the coverage
plan offered to non-unionized employees.
Life insurance is provided, but only to the extent that is required by law.
e. Retirement benefits: Employee is not eligible for Retirement Benefits.
f. Education Assistance: Employee may earn up to a maximum of $5,000.00 per
year for education assistance (°Education Assistance Funds"). Education
Assistance Funds are earned at a rate of $1,250.OQ per three months of
employment. Therefore, if Employee works one three-month quarter under this
program Employee is entitled to use the $1,250.00 eamed during the next
quarter, or any time during Employee's employment, a�d up to twelve (12}
months after the expiration of this contract.
Education Assistance Funds can be used for any tuition costs, book expenses or
lab fees associated with Employee's higher education. There are no restrictions
on the type of courses that the Employee can attend as these funds are to be
considered Employee's money and Employee can use it . for any courses,
technical education or any type of degree Employee desires.
If the Employee is not State of Florida certified as a Firefighter and/or Emergency
Medical Technician upon execu#ion of this Agreement, the Village will advance
Education Assistance Funds to pay for these certifications for the Employee.
Once Employee is eligible to earn the Educationa! Assistance Funds, the
Village wi!! utilize these funds to rieimburse the Village for the a11 cosfs
associated with obtaining the Firefrghfer and/or Emergency Medical
Technician certifications. After the Village is r+eimbursed, the employee may
then eam and utilize Education Assistance Funds far the purposes set forth
above. ,
g. Exchange of time: Interim fire�ghters are eligible to exchange time with other
emp(oyees as long it is in accordance with department guidelines. This
procedure is for situations that cannot be scheduled around Employee's shift
work, for the attendance of classes or for events that Empioyee has no control
over.
3
h. Incentive Pay: Based on the department needs, the Fire Chief wifl determine
whether or not a certified Interim Fire Fighter shail receive the Dive pay and the
State Certified Inspector pay.
Section 7. Appticable Law and Waiver of Jury Trial.
This Agreement shall be governed by and construed pursuant to the laws of the State of
Florida. Employee irrevocably submits to the jurisdiction of such courts and waives any
objection it may have to either the jurisdiction or �enue of such courts. Further,
Employee waives trial by jury if litigation is filed to enforce any terms of this Agreement.
Venue shall be Palm Beach Caunty, Florida.
Section 8. Severability.
, If any terms or part of this Agreement shall be determined to be invalid, illegal, or
unenforceable in whole or in part by a court of competent jurisdiction, the validity of the
remaining part of such term or the validity of any other term or provision of this
Agreement shail not in any way be affected. AI1 provisions of this Agreement shafl be
construed to be valid and enforceable to the full extent permitted by law.
Section 9. Acknowledgment
By signature be(ow, Employee acknowledges that he has read this Agreement and has
received a copy of the Village Employee Handbook and the Fire-Rescue Department's
Policy and Procedure Manual, and agrees to accept the terms of Interim Employment
described herein.
. �` D� Z� /-6
I terim Employ Sign ture Date
' It�� `z� �1�
e m t Head Signature Date
.
V � ��w�
Human esources Administrator Date
��
� ��� �� ��P /� �
. Village Manager Signature Date
�
I
4
I
�`' G � � t � o� y
��4�ESi, FIRE RESCUE POLICY & PROCEDURE MA.l�IiTAL
��� ��j EFFECl'IVE DATE REVISION DATE PAGE NUMBER TOTAL PAGES i'OL1CY SECTION
�` 6 OCTOBER 01,1993 SEPTEMBER 05, 2013 1 4 240.00
�� �� SUBJECT: CAREER DEVELOPMENT PLAN
APPROVE BY: JAM
ES M NAND F C
. WEI , IRE HIEF MICHAEL COUZZO, VILLAGE MANAGER
240.00 Career Development Plan — The Viilage of Tequesta has developed this .
Career Development Pan to maximize your professional growth and
pertormance. ln conjunction with your professional growth, this plan
establishes realistic expectations of fihe competency levels needed to
maintain a long-�erm career in fhis department. �
240.01 Developing your career is an investmenfi in both you and in the future of
our department. By helping you hone your skills, we strengthen our entire
workforce. This in return, sets a superior leve{ of care and service for our
cammunity.
240.02 Fire�igh�ea� I: This is the entry-ievel position for individuals starting their
career with Tequesta Fire. Rescue. Individuals in this grade must be a
State of Fforida certified Firefighter and State of Florida certified
Emergency Medical Technician.
240.03 After at least twelve months in the classification of Firefighter I, employees
may advance to the Firefighter ll classification in the career developrnent
plan providing they have all the qua[ifications listed in Section 240.04.
240.04 �i���Qgh�e� II: This is a firefighter's second career development levei. �o
achieve fihis level �individuals must be a State of Florida certified Pump
Operator and must successfully complete the following courses: ,
� 40 Hour class in Aerial Operafiions and;
� 40 Hour class in Vehicle Extrication and;
m At {east one of the foliowing electives:
o Confined Space Rescue I
o Rope Rescue I� II
o Dive Rescue t
� 240.05 After at least twelve months in the classification of Firefighter II,
employees may advance to the Firefighter ill pay grade providing they
have all the qualifications listed in Section 240.06. .
� ,.
240.06 Fir�figh�er tlf: This is the third career development level. To achieve this
leve! individuals must have completed all fihe requirements of Fire#ighfer Il,
and the foilowing:
e Obtain (3) credits in Microcomputer Applications (CGS-1100) and;
a Obtain (3) credits in Building Construction (FFP-2120) and;
B Obtain (3) credits in Fire Service Course Delivery (FFP-1740);
� lndividua! must than choose a career track from the following categories
and successfully complete 80 hours of advanced educational
� 1
� � PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
C
ONTRACTOR must kee and maintain h'
p t is Agreemenfi 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 aHow 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 firansfers 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 electronisally 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 APPLICAT.{ON OF
CHAPTER 119, FLORIDA STATUTES, TO �ONTRACTOR'S DUTY TO PROVIDE
� PUBLIC RECORDS RELATING 70 THIS AGREEMENT, PLEASE CONTACT 7HE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-
0685, OR AT {mcwilliams@tequesta.or�, OR AT 345 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469.
�
.
� . .
,
Vill,age Qf Te���esta
.�
P�ks & Recr�ion D�ep�nent
Da�e: 11/17/16
To: Michael Couzzo, Village Manager
Cc: Lori McWilliams, Village Clerk
From: Greg Corbitt, Director of Pazks & Recreation
RE: Constitution Park Playground Replacement Part
I respectfully present the following memorandum to the Village Manager..
� The Village asked Miracle Recreation Equipment Company to expedite the
replacement part "C Spring" and installation.
Attached is a quote from Miracle.
The cost for the change order is: $1,180.44
Equi�ment_ �uo��flon
� � � (�uote Num,ber: 23160314
y �uote DaYe: 11/15/2016�
Custopner,Number 3346B07
. Sapes Representative Terms of 3ale: 1Ver30
Connie Brown Customer Class: 1. Parks� & Rec
Miracle Recreation E ui ment Co. Shipping Method: Best VJay
q P . Fceight T�r�s: Prepaid
8.7,8"E Hwy 60 Approximate S.lup Date:
1VlonetC,lViO '65708 Cust PO lilum:
Phone: (954). 520-4523 Fax: (954) 473=1964
PO Remittance (if otherr tha�n Sales Representative):
Prepa,red Village of Tequesta
For: 399 - Seabro.ok� Road
Tequesta, FL, 33469
Location: Village of Tequesta
.gcorbitt@tequesta.org 399 Seabrook Road
Payment Miracte ptecreation �quipment Company Tequesta, FL 33469
gtemittance: �PO Box 204757, Dallas; TX 75320
raymenti Greg Corbitt (561) 575-6247 Sh�PP»g/ Greg Corbitt (561) 575-6247
Accounting ' " Delivery � - - � � •
Contnct: Contact:
-- _.._ _;. ._..------.--�._�.___��.�_____._..._.______.---_._---.----�___..
Quantity Ifem Naanber Description Price Eaeh Price Total
2 993489 Hardware for 850340 $36.72 $73.44
2 850340 "C" SPRING $191.00 $382.00:
. Equipment:Total: $455,.!�4
�'reight: $75,OQ
Installation: � $650;00
Sul�Total: � 1,180:44
Tax: $0,00
GrandTotal: $1,180.44
Notes:
Prices do not include any materials or services other than listed.
Rep �i 23 Order #: ?3160314 Puge 1 of 3. Rev. E 021815
This Quote shall not become a binding cont�act until signed and delivered by both Customer and Mirac(e Recreation EquipmenGC�mpany ("Miracle").
Sales Representative is not authorized to sign this Quote oa behalf of Miracle or Customer, and signed Quotes cunnot be accepted from Sales
Representative. To submit this offer, please sign 6elow and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" ��ia
fax (417) 235-3551 or emaiL• orders@nuraclerec:com. �Upon acceptance Mirucle,�vill return a fully-signed copy of the Quote to Customer (with copy to
Sales Representative) via fa�c or email.
THIS QUOTE IS LIMITED TO AND GOVERNED BY TI� TERiVIS CONT'AINED HEREIN. Miracle objects to any other tertns proposed liy
Customer, in writing or otherwise, as material:alteratidns, and all such proposed terms shaU be void. Customer authorizes Miracle to ship the Equipment
and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of sliipment via common carrier designated by Miracle. Payment
terms are Net-30 days from invoice date with,approved credit and all charges are due and payable in fuli at PO Box 204757, D�llas, TX 75320-4757,
unless notifed otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past.due invoices. Customer must provide
proper fax exemption certificates to Mi�acle, and shall promptly pay and discharge all otherwise applicable taxes,license fees, levies and other impositions
on the Equipm.ent at its own expense. Purchase orders and payments should ba made to the order of Miracle Recreation EquipmenE Company.
Quote.lmdumber: 23160314. Quote Date: 11/15/2016 Equipment Total: $455.44 Grand Total: $1,180.44
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE.EQUIPMENT ACCORDING TO TI� TERMS STATED IIV THIS QUOTE AND
SUBJECT TO FINAL APEROVAL BY MIItACLE.
l �. 4122� Vi Gt- • �' V` �� `/ �' �(�
-------' _- - � — Submitted By ��~ `v—_ Printed A1ame a d.Title V I2ate
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY.
sy:
Date:
ADDITIONAL TERMS _CONDITIONS OF SALE
1. Use '& Maintenance. Customer agrees to regularly inspectand maintain the Equipment, and to provide, uispect and maintant appropriate safety
surfacing under and around the Equipment,. ui accordance witli l�iiracle s produrt litexature and the most current'Consumer Product Safety Co►runission
HandUook for Public Playground Safety.
2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply witii the terms of this
Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall'have all�remedies available to it
at law or equity, including, withoutlimitation, all remedies afforded a secured.creditor under the Uniform Commercial Code. Customer agrees to assist and
cooperate with Miracle to accoinplish ifs.filing and enforcement.of inechanic s or�oflter liens witli respect to the Equipment or its location or its repossession
of the Equipment, and Customer expressly w�ives all righis to possess the Equipment after an Event of Default. All remedies are cumulaHve and not
alternative, and no exercise by Miracle of a remedy wIll prohibit or waive Ehe exercise of any other remedy. Customer shall pay all reasonable attorneys'
fees plus �ny costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any liinitations under law, Ci.�stomer shall pay to Miracle as
liquidated damages, and not as a penalty, an amount ec�ual to 1.5% per montii oE any paymenE that is delinquent in such month and is not received by
Miracle witlun ten (10) days after the date on whiclt due.
, Re #: 23 Order #: 23160314 Q �
P Pa _ of 3 Rev E 021815
I
3. Limi<ion of. Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMEN'1' WARRANTIF,S EXCEPT FOR THOSE STANDARD W'ARRAN`I'IFS
ISSUED WITH THE EQUII'IvIENT; WHICH Al2E INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPEC�ICALLY DISCLAI1ViS ANY
IMPLdED WARRANTY OF ME[2CHANTABILTfY OR FIINFSS FOR A PARTICULAR PURPOSE E1ND ANY LIABILITI' FOR INCIDfiNTAL OR
CONSEQUENTTAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRt1CLE HARMLFSS FROM ALL CL'A,I1V(S OF ANY
KIND FOR DAMAGES OF AIVY KIND ARISING OUT OF CUSTOMIIt'S ALTERATION OF THE EQUIPMENT,ITS FAILURE TO. MAIIVTAIN THE.
EQUIPMENT, ITS FAILURE TO PROPERLY SiIPERVISE EQUIPMENT USE, OR ITS FAILLIRE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES
AND DEi'THS OF SAFETY SURFACING BENEATH AND AROUND'THE EQUII'MENT IN ACCORDANCE WITH MII2ACLE'S INSTALLATION AND
OWNER'S MANUALS AND THE MOST CURRENT CONSUMER PRODUCf SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGRUUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Eqidpment to be levied upon or aYtached under any
legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the Yemoval of the Equipment to any location
not speeified in this Quote.
5. Purcliase Money Security Interest. Customer hereby grants, ,pledges and assigns to Miracle, and Miracle hereUy reserves a,purchase money security
interest in, the Equipment inbrder to secure the payment and performance in full of all of Customer`s obligations hereunder. Custoiner ag,'rees Ehat IVIiracle
may file one or more finazlcing statements, in order to allow it to'perfect, acquire azld maintain a superior security niterest in the Equipment.
6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligafions sliall be governed,
by die laws of the State of Missouri without reference to its choice of law provisions. Customer hereUy consents to the personal.jurisdiction oE the s#ate ancl
federal courts located in flie ciry and county of St. Louis, Missauri.
7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment unHl full paymenY is received by Miracle, Custosner assumes' all risk of loss
or destruction of or damage to the Equipment by reason of theft, fire; water, or any other cause, and the.occurren¢e of Anysuch casualty shall•not relieve the
Customer from its oUligations hereunder and under any invoices. Until all amounEs due hereunder are paid in full,'Customer shall insure�the Eguipment
against all suchlosses and casualties.
8. Waiver; Invalidity. Miracle may �waive a default.hereurider, or urider any invoice or other agreement between CusEome"r'arid Miracle, or. cure such a
defaulf at Customer's.ezpense, but shall have no obligation to do either, No waiver shall be deemed'to have taken.place unless it is in writin� signed by
Miracle. Any one waiver si�all not constitute a waiver of other defauIts or tfie sazne kind oE default at another time,: or a forfeiture of any rights provided to
Miracle hereunder or under any invoice. The invalidity of any porflon of this Quote shall not affect the force and effect of the remaining valid,portions hereof.
9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented Uy Change Orders and invoices wntauung exact
amounts of estimates provided herein, constihites the complete and exclusive agreement between the parties. A Change Orcier is a written ins#ivment signed
by the Custoiner and Miracle stating their agreement as to any amendmenE in the terms of this Quote. Customer acknowled'ges that Change Orders may
result in delays and additional costs. The pazties agree that all Change Orders shall include appropriate adjustments in piice and time frames relating to any
requested am.endments. Upon full execution, this Quote shall be.Uinding upon and inure to the benefit of the parHes and their successors and assigns.
10. Counterparts; Electronic Transmission. Tlus Quote, any invoice, and any other agreement Uetmceen the p�rfles, may be executed in counterparts,
each of which shall constitute an original. The facsiuule or other electronic transinission of any signed original document, and relransmission of any signed
facsimile.or other electronic transmission, shall be the same as the transmission of an orio nal. At.the request of either party,.the parties will confirm facsimile
or other electronically transmitted signatures Uy signing an original document.
Rep #: 23 Order dk 2316U314 Page 3 of 3 Rev E 02181 S
PUBLIC RECORDS. In acco�dance 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 Viilage'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 perfvrmance 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 fo{lowing
compietion of the Agreement if the CONTRACTOR does not transfer the
records ta 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 a!I public records to
the Village upoh 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 applicab{e requirements for retaining
public records. Records that are stored electronically must be provided to
� the VILLAGE, upon request from the Vil{age's custodian of public records,
" in a format that is compatible with the Viilage's information technology
systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
� CHAPTER 119, FLORIDA STA7'UTES, TO CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VlLLAGE, AT (561) 768-
0685, OR AT IrmcwilliarnsC�a tequest�.or�. OR AY 345 TEQUESTA DRiVE,
TEQUESTA, FLORIDA 33469.