2017-31 Extending Emergency Purchase for Use of Temporary ChillerRESOLUTION 2017 -31
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, EXTENDING THE EMERGENCY
PURCHASE FROM CARRIER CORPORATION FOR THE USE OF A
TEMPORARY CHILLER FOR THE NORTH PALM BEACH COUNTRY CLUB;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2017 -10 on January 26, 2017, the Village
Council confirmed and authorized the emergency purchase from Carrier Corporation of the use
of a temporary chiller at the North Palm Beach Country Club from Carrier Corporation at a total
cost of $19,231.00; and
WHEREAS, the Village's purchasing policies and procedures authorize emergency purchases of
up to $25,000 by the Village Manager subject to confirmation by the Village Council; and
WHEREAS, Village Administration recommended extending the agreement for use of the
temporary chiller for an additional 84 -day period at a cost of $16,236.00; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby authorizes the extension of the emergency purchase
from Carrier Corporation for the use of a temporary chiller at the North Palm Beach Country Club
at a total cost of $16,236.00, with funds expended from Account No. L8059 -33491
(Clubhouse Grounds — Contractual Services). The Village Council further authorizes the Village
Manager to execute all documents necessary to effectuate this extension.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13TH DAY OF APRIL, 2017.
(Viiia& Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Job Description C01 R - TLTM Temporary chiller rental extension until July 6, 2017
Scope of Work
Extend rental of temporary chiller at Village of North Palm Beach Golf Club Through July 4th holiday event. Initial 84 day project will be
completed on 4/21, and a separate invoice will be issued at the end of each successive month for $5,412.00/ month.
Exclusions / Clarifications
This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted. In addition, the quoted
price does not include any sales, excise, or similar taxes, any that apply will be added at cost.
Additional rental period of 4/22 - 7/13 if needed.
Total Quoted Price
Total Price for Scope of Work excluding applicable taxes: $16,236.00
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions
contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of
service.
Sincerely,
Scott McLennan.
Carrier Commercial Service
Andrew D. Lukasik
P7
Customer Acceptance (signature) 75ate
The attached Terms & Conditions shall govern.
Village Manager
Title
Purchase Order
Quote #00345401 1
Address
5440 NW 33rd Ave.
AN
Suite 108
Fort Lauderdale FL 33309
Phone
(954) 448 -9775
•
turn to the expert
Fax
(860) 998 -1014
E -mail
scott.mclennan @carrier.utc.com
Contact Name Dennis Nentwick
Account VILLAGE OF NORTH PALM BEACH
Phone 5616913440
Site Address 501 US HIGHWAY 1
Estimate Date
03/21/2017
NORTH PALM BEACH, FL, 33408 -4901
Quote Number
00345401
Job Description C01 R - TLTM Temporary chiller rental extension until July 6, 2017
Scope of Work
Extend rental of temporary chiller at Village of North Palm Beach Golf Club Through July 4th holiday event. Initial 84 day project will be
completed on 4/21, and a separate invoice will be issued at the end of each successive month for $5,412.00/ month.
Exclusions / Clarifications
This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted. In addition, the quoted
price does not include any sales, excise, or similar taxes, any that apply will be added at cost.
Additional rental period of 4/22 - 7/13 if needed.
Total Quoted Price
Total Price for Scope of Work excluding applicable taxes: $16,236.00
This proposal is valid for 30 days from the date of proposal. Carrier's terms and conditions will govern in lieu of any other terms and conditions
contained in any resulting Purchase, Order, Contract, Agreement, etc. Carrier would like to thank you for the continuing opportunity to be of
service.
Sincerely,
Scott McLennan.
Carrier Commercial Service
Andrew D. Lukasik
P7
Customer Acceptance (signature) 75ate
The attached Terms & Conditions shall govern.
Village Manager
Title
Purchase Order
Quote #00345401 1
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE — EQUIPMENT AND /OR SERVICE
1. PAYMENT AND TAXES- Payment shall be made net 30 days from date of invoice. Carver reserves the right to require cash payment or
other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Customer or
Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, the
Customer shall also pay Carrier any taxes or government charges arising from this Agreement. If the Customer claims that any such taxes or
government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption
certificates or other applicable documents.
2. EXTRAS- Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written
authorization and paid for as an extra and subject to the terms of this Agreement.
3. RETURNS- No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking charge.
Special order and non -stock items cannot be returned.
4. SHIPMENT- All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are
approximate. Carrier does not guarantee a particular date for shipment or delivery.
5. PARTIAL SHIPMENT- Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer for
such partial shipment.
6. DELAYS— Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control and without the fault or
negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods,
epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively "Force Majeure Events "). Carrier
agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be
provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from
furnishing such materials or equipment.
7. WARRANTY- Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components
supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any
equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen
(18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does
pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder
shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion
of that service, Carrier shall at its option re- perform or issue a credit for such service, Carrier's obligation to repair or replace any defective
equipment, parts or components during the warranty period shall be Customer's exclusive remedy. Carrier shall not be responsible for labor
charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shipping or
refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation,
misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other
than Carrier.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. WORKING HOURS— All services performed under this Agreement including major repairs, are to be provided during Carrier's normal
working hours unless otherwise agreed.
9. ADDITIONAL SERVICE- Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon
receipt of Customer's written authorization and invoiced at Carrier's prevailing labor rates and parts charges. Additional services or parts shall be
supplied under the terms of this Agreement.
10. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall
• Provide safe and reasonable equipment access and a safe work environment.
• Permit access to Customer's site, and use of building services including but not limited to: water, elevators, receiving dock facilities,
electrical service and local telephone service.
• Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to
perform the specified service.
• Promptly notify Carrier of any unusual operating conditions.
• Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service.
• Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings.
• Where Carrier's remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer
capability.
• Operate the equipment properly and in accordance with instructions.
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• Promptly address any issues that arise related to mold, fungi, mildew or bacterial
• Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job,
a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older
than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine
the absence of asbestos.
11. EXCLUSIONS— Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work,
casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory,
disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by
others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper
maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion,
erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by
power reductions or failures or any other cause beyond Carrier's control. Carrier shall not be required to perform tests, install any items of
equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority.
However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal for Customer's consideration in addition to
this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.
12. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) — Upon the initial scheduled operating and/or initial
annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writing an `equipment
condition' report including recommendations for corrections and the price for repairs in addition to this Agreement.
In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have
such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any
long -term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability,
without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.
13. PROPRIETARY RIGHTS (Service Contracts only)- During the term of this Agreement and in combination with certain services, Carrier
may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal
proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer
locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights
to devices that are used in connection with providing service on Customer equipment.
14. WAIVER OF DAMAGES- Under no circumstances shall Carrier be liable for any incidental, special or consequential damages, including
loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence.
15. LIMITATION OF LIABILITY- Carrier's maximum liability for any reason (except for personal injuries) arising from this Agreement shall
not exceed the value of the Agreement.
16. CANCELLATION- Customer may cancel this Agreement only with Carrier's prior written consent, and upon payment of reasonable
cancellation charges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier
and all other losses due to the cancellation including a reasonable profit.
17. CUSTOMER TERMINATION FOR CARRIER NON - PERFORMANCE — Customer shall have the right to terminate this Agreement for
Carrier's non- performance provided Carrier fails to cure such non - performance within 30 days after having been given prior written notice of the
non - performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to
disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier -owned parts, tools and
personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including
overheads and a reasonable profit.
18. CARRIER TERMINATION — Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if
alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer
and Carrier.
19. CLAIMS- Any suits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, and strict
liability or otherwise, shall be brought within one (1) year from the date the claim arose.
20. GOVERNMENT PROCUREMENTS- The components, equipment and services provided by Carrier are "commercial items" as defined in
Section 2.101 of the Federal Acquisition Regulations ( "FAR "), and the prices of such components, equipment and services are based on Carrier's
commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or
any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply
with the Cost Accounting Standards (CAS). In addition, no federal government procurement regulations, such as FARs or DFARs, shall apply to
this Agreement except those regulations expressly accepted in writing by Carrier.
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21. HAZARDOUS MATERIALS- Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos,
products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos
or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project, until
such material and any hazards associated with it are abated. The time for Carrier's performance shall be extended accordingly, and Carrier shall
be compensated for the delay.
22. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material
generated during the term of this Agreement.
23. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement
between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only with
Carrier's prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties.
24. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with
Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.
25. FOR WORK BEING PERFORMEND IN CALIFORNIA: Contractors are required by law to be licensed and regulated by the Contractors'
State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed
within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed
within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors'. State
License Board, P.O. Box 26000, Sacramento, California 95826.
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