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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_05/11/2017 Village of T'equesta 345 Tequesta Drive " 561- 768 -0700 Tequesta, FL 33469 www.tequesta.org . te a TEQUESTA PUBLIC WORKS DEPARTMENT MEMORANDUM To: Michael R. Couzzo, Village Manager From: Douglas M. Chambers, Deputy Director Public Works Subject: Vendor Credit Application: Bushel Stop Date: April 17, 2017 The attached agenda item is a Vendor required credit application from Bushel Stop. We will utilize Bushel stop for the purchase of landscaping products. Examples of Products (not limited to:) Sod Rocks Trees Planters Flowers Wood Chips Mulch Grass Bushel stop is located at 17961 103 Terrance N in Jupiter. (off Indiantown Road) Douglas M. Chambers Deputy Public Works Director dchambers @tequesta.org 561- 768 -0483 Vice -Mayor Vince Arena Mayor Abby Brennan Council Member Tom Patemo Council Member Steve Okun Council Member Frank D'Ambra Village Manager Michael Couzzo Feb 23 2017 22:09 The Bushel Stop 15614398749 page 1 1 CREDIT APPLICATION AND AGREEMENT 1 • Atlas Peat & Soil Inc. Superior M;,Ich Inc. e Bushel Stop Inc. 9621 State o R ad # 7 9621 State Road # 7 7457 Park Lane Boynton Beach, FL 35 Boynton Beach, FL 3341:4 . Lake Worth. FL33 N 561- 734 - 7300 561 -734 -7300 561- 439 -2903 561 -734 -3013 FAX 561-734-3013 FAX 561 - 439 - 8749 FAX CUSTOMM Name of Customer : 1 1(4 o (jr k� r e i s't- Street Address : I'(o E i*Ip tk:t4h4 City, State, Zip Code : i P u PS{et PC 3 4(0 `t Telephone Number : ( F3 - OLE - Cell # Emergency After Hours Number alMICattip— (Circle one) Pro prietorship • Partnership orporation— IV1 Wit C p.c Name of Proprietor or Principal Officer : Mc Inael CU.220 Title of Proprietor or Principal Officer : . - II l lid Sales Tax Exemilon Number : 8S- • . 1— : 33 - Do you own, rent or lease property where the business Is located : Dui r - 1 References nlc Nam - Account Number Checking Acct. Average Balance Telephone Number K floteetC0 - OW- 16000((74$ 1 3 JJ� Trade Name J High Credit Telephone X& Fax # 1- !`KJ1utll lea' Ravv1 �\ ►q &(mdX(0 -35 2- ko r Ira Le 13 -7F3 I- Co ((o 3- NOZZI k t6(ec- 5r ( - 7(4(o-37a -8 4 - add t ic '17 - 33 3 -7 SX 5 1 - upon approval of this Credit Application, Atlas Peat & Soil Inc., The Bushel Stop Inc. and or Superior Mulch Inc. referred to as "Creditors', agrees inSIalty to extend credit to Customer and will advise Customer of the approved credit line. 2. If any charge or payment is not paid by customer within (30) days after is due date, Customer agrees to � � y rag pay a service charge on the amount owing, equal to 1 to 1 12 % tier month or the highest rate allowed under the applicable law, which ever is Tower. 3. If any claims arise with respect to defects on quantity or quality, or as to any other matter, Creditor shalt not be liable, if at all, unless Customer shall make waken chin to Creditor forty-eight (45) hours after receipt of any shipment involved in such claim. and failure to present any such claim within that time will be considered a waiver of the claim. Any clams made by telephone shall be confirmed immedtatly in writing to Creditor. 4. Customer hereby authorizes Creditor to investigate Customer's credit record and to report Customers performance under this transaction, or any other agreement between Creditor and Customer,to credit agencies. 5. Customer acknowledges that In the event Of nonpayment, it's account will be assigned for collection to the Attorney for Atlas Peat & Soil Inc., The Stahel Stop Inc.. and or Superior Mulch Inc.. Customer waives any claim of jurisdiction or venue in the county or state of customers read' ance or place of business, and agrees that, should suit be instituted, personal jurisdiction. as well as venue, will be excknively in Palen Beach County, FL. 6. In the event that Atlas Peat & Soil Inc., The Bushel Stop Inc., and or Superior Mulch Inc. institutes legal proceedings to correct any amount due and owing, the Customer will be responsible for any cost incurred In coSectlng such amount. including. but not limited to. reasonable attorney's fees and court costs incurred at both the trial and appelate levels. 7. 11 any provision hereof is deemed invalid or unenforceable to any extent, the remainder of the terms hereof will not be affected thereby and will be enforced to the greatest extent permitted by law Deed: 3 -1 ! V i (IQC&C off ( ueS ca ompiny am B / C' G^ �y ,/_'� • Marne l Title ( please ' t ) • PLEASE SEE REVERSE SIDE Signature 59 6 1 Federal Identifiction Number PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who falls to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records In possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768- 0685, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Village Of Tequesta Pis & Rectation Department Date: 4/18/17 To: Michael Couzzo, Village Manager Cc: Lori McWilliams, Village Clerk From Greg Corbitt, Director of Parks & Recreation RE: Constitution Park Playground Warranty Items I respectfully present the following memorandum to the Village Manager. The Village asked Miracle Recreation Equipment Company to perform multiple warranty item for Playground Equipment at Constitution Park. Attached is a quote from Miracle. The cost for the installation is: $3,827.80 Linde Recreation Equip. Co. 878 E. US Hwy 60 QUOTE: R Miracle ■ 3254 M :28 °8 Prepared For: Project Name & Locetlorr Prepared by Greg Corbin Tequesta Constitution Park Mirada of South Florida (Warranty) Village of Tequesta 399 Seabrook Road Connie Brown Tequesta, FL 33489 (954) 520-4523 (phone) 561- 575 -6247 (phone) (954) 473 -1964 (fax) gcorbittehequesta•org Conniebemlredeofsouthfiorlda .GOm Quote Number: R0023170035 Quote Date: 3/28/2017 Valid For 30 Days From Quote Date Warranty Items Product line: KidsCholoe Age group: 2 -12 Components Part Number Descdptlon Qty Weight UnIt Price Total 104750 BOLT 1/4-20 X 5/8 BHCS 6 LOBE 18-8 SS 100 0.00 0.00 0.00 110156 NUT 1/4-20 TEE (4) PRONG 316 SS 100 0.00 0.00 0.00 117001 WASHER 1/4 FLAT 18-8 SS MS15795 -811 100 0.00 0.00 0.00 713266 PARTS CARTON 714502 2 4.00 0.00 0.00 713267 PARTS CARTON 714503 4 5.00 0.00 0.00 984351P DECK, KC SQUARE FPS 2 104.00 0.00 0.00 984353P DECK KC 1/2 HEX FPS 4 14&00 0.00 0.00 986612 HEX ROOF RECYCLED PANEL MOUNT 12 6.00 0.00 0.00 986651P MOUNT, OCTANON ROOF RECYCLED PANEL 8 6.00 0.00 0.00 986790 BRIDGE, ARCH 4 FT FPS 1 173.83 0.00 0.00 987153P DECK, TRANSFER POINT ASSY FPS 1 64.31 0.00 0.00 988056 PARTS CARTON KC TP FPS 1 2.00 0.00 0.00 988056 PARTS CARTON KC TP FPS 1 2.00 0.00 0.00 989066P ELBOW 29.25 DEG 30' ID 2 5&00 0.00 0.00 990136P OCTAGON PERIMETER DECK PVC 4 160.00 0.00 0.00 HW990196 -1 HRDW PKG 71452011/2 2 3.28 0.00 0.00 HW990196 -2 HRDW PKG 714520 L2/2 2 6.17 0.00 0.00 3/28 /2017 Page 1 of 3 QUOTE: R0023170035 Age Labels Part Number Description Qty Weight Unit Rice Total 116022 LABEL WARNING - PLAYGROUND - ENGLISH 6 0.02 0.30 1.80 116035 LABEL - AGES 2 -5 YEARS MREC 6 0.00 0.50 3.00 116037 LABEL - AGES 5-12 YEARS MREC 6 0.00 0.50 3,00 Totals: Total Weight 0.12 Ibs Equipment List $7.80 Equipment Price: $7.80 Freight $20.00 Installation: $3,800.00 SubTotal: $3,827.80 Estimated Sales Tax': $0.00 Grand Total: $3,827.80 Notes: Prices do not include off- loading, storage of materials, site security, or any materials or services other than listed. This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (°Miracle "). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235 -3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully- signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall 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 shipment 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 full at PO Box 204757, Dallas, TX 75320 -4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of' Miracle Recreation Equipment Company. Quote Number. R0023170035 Quote Date: 3/28/2017 Equipment: 57.80 Creed Total: $3,827.80 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL B • C , I el. 12- Co z2-OJ Sc . V ttta_Ne Ma na3e. r Submitted B / � Printed me and Title Date THE FOREGOING QUOTE '. OFFER c!ti +n: Y APPRO - s AND ACCt:rt r'U BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TF.RM.S & CONDrrIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety 3/28/2017 Page 2 or 3 QUOTE: R0023170035 Catenation Handbook for Public Playground Safety. 2. Defaul Remedies & Delinquency Charges. Customer's faYrae b pay any invoice when due, or its failure b otherwise comply with nut tams of this Quote, shall constitute a dsfeuk under e1 *madded invoices ("Event* Daher). Upon an Event of Default. Wade shall have el remedies available to k at Ise or equ ky, Inducing, without Imitation, al remedies afforded a seared creditor under the Union Commercial Code. Customer b mar and d b with Mirada ks and 'dorm** of aadanids or � waft am Equipment or its kxatic m ar is repossession Equipment , and Customer waives al rights m possess the Equ other Ilene an respect Evert remedies are emulative and not alternative, end no exercise by Miracle of e remedy wil prohibit or waive the exercise of any other remedy. custom shall peg al ressorabie alioi eys lees plus any costs d collection Inured by Miracle in ariming its rights hereunder. Subject to my limitations under law, Customer shel pay to Miracle as lquidaMd dsrtages, and notes a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within len (10) days after the date on which due. 3. Limitation d Warm*/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT. WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPUED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOEER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, RS FAILURE TO MAINTAIN THE EQUIPMENT. ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OMMES MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBUC PLAYGROUND SAFETY. N. Restinbra. Until all amounts due hereunder are peld h ful, Customer shel not (1) pemtlt the Equipment to be levied won or attached under any legal process; (1) transfer Mato to Equipment or any *Customer's rights t or (11) remove or permit the removal of the Equipment to any location not specified h this Quote. 5. Purchase Money Security Interest Customer hereby grants, pledges and assigns to Miracle. and MkacIe hereby reserves a purchase money security intoned in, the Equipment in order b secure the payment and performance in full of all of Customers obligations hereunder. Customer agrees that Miracle may file one or more finanoitg statements, In order to allow k to perfect, acquire and maintain a superior security interest in the Eqerx. 6. Choice of Law and Jurisdiction. AI agreements between Customer and Miracle shall be interpreted. and the parties' obligations shel be governed, by the laws of the State of Missouri wlhoct reference b Is choke d law provisions. Customer hereby consents to the personal Jurisdiction of the stale and federal marts located in the vly and county of SL Lads, Mleaoul. 7. Tale; Risk of Loss; Insurance. Mirada Retains full title to all Equipment unfit full payment is received by Miracle. Customer assumes all risk of loos or destruction of or damage to the Equllxnent by reason of theft, fire, water, or any other cause, and the occurrence of any such casuaky shall not relieve the Cuero er from its obligations hereunder and under any invoices. Until e1 amounts duo hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualies. 8. Waiver; timidity. Miracle may wake a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default et Customers expense, but shall have no obligation to do either. No waiver shell be deemed to have taken place uniees it is in willing, signed by Mirada. Any one waiver shal not constitute a waiver of other defaults or the sane kind of default at another time, or a forfeiture of any rights provkied to Miracle hereunder or under any Irwdce. The Invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. exact amounts of Entire ed Agreement Am oBinding Nature. the cram rte and a fully-executed Quote. es supplemented by Change Orders and invokes containing instrument signed by the Customer and Mirada p e between the parties. A Change Order is e written s moult h stadrtg their agreement as to any amendment h the terns d tits Customer seomer aacknowledges that Chen Orders m time frames relating to any requested and c Upon full execution, the Quote shell be binding upon and inure *the the prties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice. and any other agreement between the parties, may be executed in counterparts, each of which shell constitute an original. The facsimile or oiler electronic Vansmisebn of any signed original document and reuansnisekxh of any signed facsimile or other electmonic transmission shel be the same as the transmission of an original. At the request of ether party, the parties will ccl*rn fecstrni* or other electronicaly transmitted signatures by signing en original document. • Rev E 021815 • 328/2017 Page 3 of 3 QUOTE: R0023170035 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attomey's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPUCATION 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 ImcwilliamsItequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.