HomeMy WebLinkAboutR-2026-016 Amendment Sourcewell Generator City Hall and FS #1RESOLUTION NO. 2026-016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF TWO (2)
EMERGENCY GENERATORS, ONE (1) FOR CITY HALL AND ONE (1)
FOR FIRE STATION NO. 1, UTILIZING SOURCEWELL CONTRACT NO.
092222-GNR WITH GENERAC POWER SYSTEMS, INC., AND ITS
AUTHORIZED RETAILER, GENSET SERVICES, INC.; AUTHORIZING A
“FIRST AMENDMENT TO SOURCEWELL PARTICIPATING
ADDENDUM”; AND ACKNOWLEDGING THAT THE FUNDING OF THE
GENERATORS SHALL EXCEED THE ANNUAL VENDOR THRESHOLD
OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING SUCH
PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS’
APPROVED BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (j), authorizes the City Manager to purchase supplies, services, equipment, and
materials for City government in amounts in excess of the established monetary threshold without
competitive bidding and without advertisement for bids when authorized in advance by resolution
adopted by the City Commission, if such purchases are made pursuant to a competitive bid
obtained within the last eighteen (18) months by other governmental agencies such as the federal
government, State of Florida or the Florida county or municipality; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
“Monetary thresholds for certain purchases and payment disbursement authorizations”,
Subsection (a), sets the monetary threshold at $50,000.00 for a vendor each fiscal year; and
WHEREAS, Generac Power Systems, Inc. has been competitively awarded Sourcewell
Contract No. 092222-GNR for generators and related equipment and services, which contract was
competitively solicited and awarded in accordance with applicable procurement requirements; and
WHEREAS, Genset Services, Inc. is an authorized retailer under Sourcewell Contract
No. 092222-GNR and is authorized to provide Generac equipment pursuant to said contract; and
WHEREAS, the City desires to utilize Sourcewell Contract No. 092222-GNR to purchase
the required generators from Generac Power Systems, Inc. through its authorized retailer, Genset
Services, Inc., in an amount that will exceed the City’s annual vendor threshold of Fifty Thousand
Dollars ($50,000.00), thereby requiring City Commission approval; and
RESOLUTION #2026-016 2
WHEREAS, the Generac Power Systems, Inc., Sourcewell Contract is being amended
to authorize a “First Amendment To The Sourcewell Participating Addendum” to authorize the
generator purchases; and
WHEREAS, the Public Services Director has determined that the purchase of the
generators through Sourcewell Contract No. 092222-GNR represents the best value to the City,
avoids the need for a separate competitive solicitation, and complies with the City’s procurement
policies; and
WHEREAS, the Sourcewell contract, together with the proposal from Genset Services,
Inc. dated January 26, 2026, for the City Hall generator in the amount of $188,597.27, and the
proposal dated January 28, 2026, for the Fire Station No. 1 generator in the amount of
$130,370.71, and the “First Amendment to the Sourcewell Participating Addendum” are intended
to be attached as composite Exhibit A, and incorporated herein by reference; and
WHEREAS, subsequent to the original scope and procurement authorization, it has been
determined that an amendment is required to the approved procurement action in order to fully
implement the City Hall and Fire Station No. 1 emergency generator projects, and to ensure
consistency with current project requirements, funding conditions, and operational needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission hereby authorizes the purchase of two (2)
emergency generators, one (1) for City Hall in the amount of $188,597.27 from GL Account No.
103-18-65-519-63-10 and one (1) for Fire Station No. 1 in the amount of $130,370.71 from , GL
Account No. 103-22-65-522-63-10 utilizing Sourcewell Contract No. 092222-GNR with Generac
Power Systems, Inc., through its authorized retailer, Genset Services, Inc., in a total amount not to
exceed $318,967.98, which exceeds the annual vendor threshold of Fifty Thousand Dollars
($50,000.00).
Section 3. That the City Manager or designee is hereby authorized to execute any and
all documents and take any actions necessary to implement this Resolution, including the issuance
of purchase orders pursuant to Sourcewell Contract No. 092222-GNR.
RESOLUTION #2026-016 3
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective upon its passage and adoption.
PASSED AND ADOPTED on February 10, 2026.
Motion by Commissioner Lewellen, second by Commissioner Rimoli.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
1
FIRST AMENDMENT TO SOURCEWELL PARTICIPATING ADDENDUM
This First Amendment (the "Amendment") is made and entered into as of ____________, 2026,
by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation
(the "City"), and GENERAC POWER SYSTEMS, INC., through its authorized Sourcewell
distributor GENSET SERVICES, INC. (collectively, the "Contractor").
Recitals
WHEREAS, Sourcewell (formerly NJPA) competitively solicited and awarded Contract No.
092222-GNR for generators and related equipment and services to Generac Power Systems, Inc.
(the "Sourcewell Contract"); and
WHEREAS, the City is a participating Sourcewell member and previously entered into a
participating addendum incorporating the Sourcewell Contract by reference (the "Agreement");
and
WHEREAS, the City desires to procure emergency standby generators and related equipment for
City Hall and Fire Station No. 1 as part of its critical facilities resiliency program; and
WHEREAS, subsequent to execution of the Agreement, project requirements evolved to reflect
updated engineering criteria, finalized equipment configurations, delivery schedules, and site-
specific coordination needs, as documented in the Public Services Department memorandum dated
February 10, 2026; and
WHEREAS, the City Commission has authorized amendment of the Agreement to incorporate
updated scope and pricing consistent with Sourcewell cooperative purchasing requirements.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Incorporation of Proposals as Exhibits
The Agreement is hereby amended to incorporate the following documents as Exhibits, all of
which are attached hereto and incorporated by reference as if fully set forth herein:
• Exhibit A – Genset Services, Inc. Proposal No. 66545, dated January 26, 2026, for the
City Hall Emergency Generator, in the amount of $188,597.27.
• Exhibit B – Genset Services, Inc. Proposal No. 66585, dated January 28, 2026, for the
Fire Station No. 1 Emergency Generator, in the amount of $130,370.71.
2
2. Continuing Applicability of Sourcewell Contract
• Except as expressly amended by this First Amendment, all terms, conditions,
representations, warranties, indemnities, pricing structures, and risk allocations set forth in
Sourcewell Contract No. 092222-GNR, as incorporated into the City’s participating
addendum, shall remain unchanged and in full force and effect and are hereby ratified and
confirmed.
• In the event of any inconsistency between this Amendment, the Exhibits, and the
Sourcewell Contract, the Sourcewell Contract shall control unless the inconsistency is
expressly identified and approved herein.
3. Updated Scope of Work
The scope of work under the Agreement is amended solely to include the equipment, accessories,
factory testing, startup, and commissioning services described in Exhibits A and B, including but
not limited to:
• Generator sets with hurricane-rated enclosures and fuel tanks;
• Automatic transfer switches and associated controls;
• Factory testing, startup, and commissioning with load bank testing;
• Manufacturer warranties as specified in the Exhibits.
4. No Installation or Construction Services
• This Amendment does not authorize installation, construction, site work, electrical work,
rigging, foundations, trenching, utility connections, or offloading services. Any such
services shall require a separate written agreement executed by the City in accordance with
applicable procurement requirements.
5. Contract Value; Not-to-Exceed Amount
The total compensation authorized under this Amendment shall not exceed $318,967.98,
consisting of:
• City Hall Generator: $188,597.27
• Fire Station No. 1 Generator: $130,370.71
Any increase in cost, including but not limited to tariff impacts, material escalation, or delivery-
related adjustments, shall require prior written approval by the City and, if applicable, City
Commission authorization.
6. Purchase Order Requirement
No work shall commence, and no equipment shall be manufactured, released, or delivered, unless
and until a valid City purchase order is issued in accordance with the Agreement and City
procurement procedures.
3
7. Estimated Delivery Schedule
Delivery timelines referenced in Exhibits A and B are estimates only and subject to manufacturer
lead times. Nothing herein shall be construed as a guarantee of delivery by a date certain unless
expressly stated in writing by the City.
8. Acceptance
Final acceptance of the equipment shall be subject to receipt and approval by the City of required
commissioning documentation, certified test reports, and warranty documentation as specified in
the Exhibits and the Sourcewell Contract.
9. Order of Precedence
In the event of any conflict or inconsistency, the order of precedence shall be:
(1) Sourcewell Contract No. 092222-GNR;
(2) the City’s participating addendum;
(3) this First Amendment; and
(4) the Exhibits.
10. Authority
The City Manager or designee is authorized to execute this Amendment and any associated
purchase orders or administrative documents necessary to implement the procurement consistent
with City Commission authorization.
11. Effective Date
This Amendment shall become effective upon execution by both parties.
[Remainder of Page Intentionally Left Blank; Signature Page Follows.]
4
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date
first written above.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first above written.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated: _____________, 2026
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
5
CONTRACTOR:
WITNESSES: GENERAC POWER SYSTEMS, INC.
Through Authorized Sourcewell Distributor:
GENSET SERVICES, INC.
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on , 2026, by ,
as of GENERAC POWER SYSTEMS, INC.
through authorized Sourcewell distributor: GENSET SERVICES, INC.. He/she is personally
known to me or has produced as identification.
NOTARY PUBLIC
My Commission Expires: State of
Job Name:Dania Beach City Hall
Prepared For:City of Dania Beach
Contact:Joel Rodriguez
Project Rep:David Rodriguez
Phone:954-956-9252
Email:drodriguez@gensetservices.com
We are pleased to offer the following proposal:
Quantity 1 - Generac Industrial diesel engine-driven generator set with turbocharged/aftercooled 6-cylinder 12.9L engine, consisting of
the following features and accessories:
Stationary Emergency-Standby rated
350kW Rating, wired for 120/208 VAC three phase, 60 Hz
Upsized K0600124Y23 Alternator
Permanent Magnet Excitation
UL2200
EPA Certified
SCAQMD
Level 2 Acoustic Enclosure, Aluminum
Industrial Grey Baked-On Powder Coat Finish
High Velocity Hurricane Zone Certified
Meets the Follwing Florida Building Code standards:
TAS-201 (Large Missile Impact - Level E)
TAS-202 (Uniform Static Air Pressure)
TAS-203 (Cyclic Wind Pressure)
PE Stamps
1215GL Useable, 1353GL Actual, UL-142, FDEP, Sub-base Fuel Tank :
7GL Fuel/Spill box
High level fuel switch
Mechanical Fuel Gauge
Overfill Prevention Valve
2 light annunciator
H-100 Control Panel
Meets NFPA 99 and 110 requirements
Temp Range -40 to 70 degrees C
Digital Microprocessor:
Two 4-line x 20 displays, full system status
3 Phase sensing, +/-0.25% digital voltage regulation
RS232, RS485 and Canbus remote ports
Waterproof connections
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
1 of 7
All engine sensors are 4-20ma for minimal interference
Programmable I/O
Built-in PLC for special applications
Engine function monitoring and control:
Full range standby operation; programmable auto crank, Emergency Stop, Auto-Off-Manual switch
Isochronous Governor, +/-0.25% frequency regulation
Full system status on all AC output and engine function parameters
Service reminders, trending, fault history (alarm log)
I2T function for full generator protection
Selectable low-speed exercise
HTS transfer switch function monitoring and control
2-wire start controls for any 2-wire transfer switch
Remote Emergency Stop Switch, Break-Glass, shipped loose
21 Light Remote Annunciator
Surface-Mount
Integral 8 Function Relay Board
Primary MLCB, 80% rated thermal-magnetic
500 Amp
Alarm Contacts, Shunt Trip
Auxiliary Contacts, 1 Set
Secondary MLCB, 80% rated thermal-magnetic
500 Amp
Alarm Contacts, Shunt Trip
Auxiliary Contacts, 1 Set
Battery Charger, 10 Amp, NFPA 110 compliant, installed
110 AH, 925 CCA Group 31 Batteries, with rack, installed
120V GFCI and 240V Outlet
CB Aux Contacts Wired to Control Panel for Alarm
Alternator Strip Heater
Industrial Connectivity Gateway Device
Critical Grade Silencer
Coolant Heater, 2500W, 208VAC
Blocked Air Filter Indicator
Engine Run Relay
Flush Mount Annunciator Kit
Generac Link Manager hardware gateway for remote monitoring and control
2 Serial Ports: CAN/RS485; 2 TCP Ports: Eth1 (Ethernet 1), Eth2 (Ethernet 2)
Antennas: GPS, Ethernet Ports (2); Cellular SIM Card Ruggedized 2FF
3 Owner's manuals
1 Hour factory load testing at reactive (0.8) power factor
Certified Test Report
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
2 of 7
5-Year Comprehensive Warranty
SD0350GG17129D18HPLY3
Quantity 1 - TX Series Automatic Transfer Switch consisting of the following features and accessories:
600 Amp, 4 pole, 120/208 VAC three phase, 60 Hz, with 2 or 3-Wire Start Circuit
Utility Voltage Sensing Controls:
Adjustable Drop-out and Pick-up
Adjustable Utility Interrupt Delay
Adjustable Logic Controls:
Minimum Standby Voltage
Minimum Standby Frequency
Engine Warmup
Return to Utility
Engine Cooldown
Transfer on Exercise
3 Owner's Manuals
Double Set of Form C Aux Cont
IBC Seismic Certified
Withstand and Close-On Rating - 100kA Specific Breaker
Enclosure Heater
IO Board - 4 Inputs, 4 Outputs
UL Listed 1008 by ETL
Controller and Circuit Breaker Covers, Padlockable, Black
NEMA 4X 304 SS Enclosure
Non-Service Entrance Rated
Time Delay Neutral
Five Year Extended Warranty
TX301DS0600G4CM
Quantity 1 - TX Series Automatic Transfer Switch consisting of the following features and accessories:
1200 Amp, 4 pole, 120/208 VAC three phase, 60 Hz, with 2 or 3-Wire Start Circuit
Utility Voltage Sensing Controls:
Adjustable Drop-out and Pick-up
Adjustable Utility Interrupt Delay
Adjustable Logic Controls:
Minimum Standby Voltage
Minimum Standby Frequency
Engine Warmup
Return to Utility
Engine Cooldown
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
3 of 7
Transfer on Exercise
3 Owner's Manuals
4 Sets of Form C Aux Cont
(4) 4/0-500 MCM CB Lugs
Withstand and Close-On Rating - 100kA Specific Breaker
IO Board - 4 Inputs, 4 Outputs
UL Listed 1008 by ETL
Steel Controller Door
NEMA 1 Enclosure
Service Entrance Rated
Time Delay Neutral
Five Year Extended Warranty
TX301DS1200G4AI
Quantity 1 - Freight to Jobsite
Quantity 1 - Startup and Commissioning with 4hr Load Bank
Total investments for the above equipment (not including any taxes):$ 188,597.27
Terms and Conditions:
30% deposit with order, balance before shipping. Other payment terms need to be approved by the credit department before
a purchase order is accepted. Payment obligations are not dependent or contingent upon the manner in which purchaser
may receive.
In the event of significant delay or price increase of material occurring during the performance of the contract through no
fault of Genset, the contract sum, time of performance, and contract requirements shall be equitably adjusted by change
order in accordance with the procedures of the contract documents.
Estimated Delivery:20-22 weeks
FOB:jobsite installation and offloading by others unless included in the above BOM
Quoted Per:E5 and E6 dated 1/6/26
Exceptions to the
specifications:
600A ATS is NON- SERVICE RATED, 304SS
Base quote includes an HVHZ large missile impact enclosure.
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
4 of 7
Base quote included one trip for startup and load bank.
Additional trips will be billed at current service tech rates at the time of request.
Generac Sourcewell Contract No. 092222-GNR
City of Dania Beach Sourcewell member # 25520
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
5 of 7
Free Text
Free Text
1652884791563_s_0
Hold for Release
1652884791563_s_1
Release to Manufacturer
Customer Authorization:
(by signing below, I acknowledge that I have read and accept the Genset terms and conditions that follow).
Signature:
1649791066109_s_ph
Print Name:
1657746476411_s_ph
Title:
1649791072875_s_ph
Date:
1649791076114_s_ph
P.O.#:
1649791078790_s_ph
Project Status
1652884791563_s_ph
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
6 of 7
GENSET SERVICES SERVICE TERMS & CONDITIONS 1. Agreement and Order. The terms and conditions set forth below (the Terms and Conditions) and on Gensets proposal, quotation or order form attached hereto (collectively referred to as
the "Proposal" and together with these Terms and Conditions, the Agreement) constitute the complete and exclusive statement of the terms of this transaction by and between Genset Services, Inc. (Genset) and the customer identified on the Proposal
(the Customer) for the performance of the services specifically set forth on the Proposal (the Services). To the extent that the terms contained on the Proposal differ from the terms contained in these Terms and Conditions, the terms of the Proposal shall
govern to the extent of such differences provided that Genset has executed the version of the Proposal containing such terms following the addition or inclusion of such terms. Genset shall have no obligation to perform other services not described on
the Proposal, but Genset may provide other Services at Customers request, as and when needed pursuant to the Agreement. Any additional Services performed shall be subject to these Terms and Conditions 2. Parts. Genset shall furnish parts as
necessary at Gensets then current scheduled price or on an exchange basis, regardless of when installed, and such parts shall either be new or equivalent to new in performance when used in Customers equipment. 3. Modification of Terms. No terms
contained on any purchase order, service order, contract or other document prepared by or submitted to Genset by Customer or its agents, including modification of the terms contained on the Proposal and in these Terms and Conditions, shall be
effective or bind Genset unless Genset agrees to such terms or requirements by executing and returning to Customer such purchase order, agreement or other document. Failure by Genset to respond in writing to Customer upon receipt of Genset of a
purchase order or other agreement by Customer shall not be a waiver of the requirement that Genset agree in writing to any terms contained in a purchase order or other contract. All representations, promises, warranties or statements by any agent or
employee of Genset that differ in any way from the Proposal as prepared by Genset or the Terms and Conditions in the Agreement shall be of no force or effect. No course of prior dealings between the parties and no usage of the trade shall be relevant
to this transaction. Prices quoted on the Proposal are good for a period of thirty (30) days from the date of the Proposal, provided that prior to the execution of the Proposal by Customer and acceptance by Genset, prices are subject to change without
notice. 4. Charges. Charges for the Services described on the Proposal are described thereon. Charges for on-call, unscheduled or additional Services requested by Customer, but not described on the reverse, shall be at the rates then published by
Genset in writing. Customer shall be responsible for any parts and shipping charges for such parts ordered by Genset in order to perform the Services 5. Taxes. Quoted prices do not include any applicable sales, use, transfer, excise or other taxes, tariffs
or custom duties unless required by federal, state or local law, in which case, the quoted price shall include only such items of sales, use, transfer, excise or other taxes, tariffs or custom duties as are required by federal, state or local law. Customer
will pay directly or to Genset any such taxes, tariffs or duties levied upon the sale, transfer, import, or service or necessary components thereof unless Customer provides Genset with a valid tax exemption certificate. Genset shall provide Customer
with any tax payment certificate upon request and after acceptance of the Services being provided hereunder and full payment to Genset. 6. Time of Performance. If performance of the Services is delayed through no fault of Genset, then the time for
performance of the work shall be extended to the extent of such delay. Genset shall not be liable for any delays in performance directly or indirectly resulting from acts of Customer, its agents, employees, or subcontractors, or any other causes beyond
the control of Genset. If any necessary components of the Services become unavailable, then Genset shall be released from any obligation to provide the specified materials which are unavailable and Customer agrees to pay Genset for any difference
between the cost of the unavailable materials or equipment and the cost of any reasonably available substitute. The estimated date of performance indicated on the Proposal is subject to delay due to availability of necessary components, and Genset
shall not be liable for any such delay. 7. Payment. Upon Customers execution and return of the Proposal, Customer must provide a deposit in the amount of 30% of the service fee contained in the Proposal unless some other amount is set forth on the
Proposal. Unless otherwise set forth on the Proposal, the entire service fee, plus all applicable sales tax and other charges contained on the Proposal must be tendered by Customer to Genset within 2 days following notification by Genset to Customer
that the Services are ready to be performed. In any case full and final payment must be made by Customer and received by Genset no later than two days prior to Genset performing the Services, and Genset shall have no obligation to perform the
Services prior to receiving full and final payment. Customer is responsible for the payment of all registration fees, use tax or similar assessments and taxes which may be imposed upon the service or the sale, possession or use of any necessary parts
or components. Customer hereby grants Genset a security interest in Customers generator and any parts installed by Genset until such time as Genset is actually paid in full, and Customer will assist Genset in any action necessary to perfect Gensets
security interest, provided that Genset may prepare, file and record a UCC financing statement to evidence the security interest with no further notice to or consent by Customer. No parts or components furnished by Genset shall become a fixture by
reason of being attached to real estate until payment in full has been received and acknowledged by Genset. Customer shall not be entitled to set-off any amounts due from Customer against any amount due to Genset in connection with this transaction.
8. Warranty; Limitation. (a) CUSTOMER ACKNOWLEDGES THAT THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES ARE ANY APPLICABLE WARRANTIES OFFERED BY THE MANUFACTURER OF ANY
NECESSARY PART OR COMPONENT THEREOF AND THAT GENSET MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, NOR DOES IT WARRANT
THE MERCHANTABILITY OF THE COMPONENTS OR THAT THE COMPONENTS ARE FIT FOR A PARTICULAR PURPOSE. PARTS AND COMPONENTS ARE SOLD AND SERVICES PROVIDED BY GENSET TO PURCHASER AS
IS WHERE IS AND WITH ALL FAULTS. (b) CUSTOMER ACKNOWLEDGES THAT IT HAS DECIDED TO CONTRACT FOR SERVICES BASED ON ITS OWN ASSESSMENT OF ITS NEEDS. CUSTOMER ACKNOWLEDGES AND
AGREES THAT GENSET HAS NOT MADE ANY STATEMENTS OF FACT CONCERNING THE SERVICES, AND CUSTOMER HAS NOT RELIED UPON ANY STATEMENT BY GENSET IN DECIDING TO CONTRACT FOR THE
SERVICES. (c) CUSTOMER IS SOLELY RESPONSIBLE FOR FOLLOWING ALL MANUFACTURER REQUIREMENTS WITH RESPECT TO THE EQUIPMENT ON WHICH THE SERVICES ARE PERFORMED. (d) Customer further
agrees that in no event shall Genset's liability to Customer for damages of any nature exceed the amounts actually paid by Customer to Genset for the Services. 9. Access to Equipment; Performance of Services; Customer Obligations. (a) Genset's
maintenance personnel shall have free access to the Customers Equipment for the purpose of providing Services. (b) During any Services provided pursuant to this Agreement as to the System, whether an interruption in electrical service is
contemplated by Customer or Genset or not, as a matter of allocating between Customer and Genset the risks associated with an interruption in electrical services and/or taking the Customers equipment off line, Customer agrees to use its best efforts to
fully and completely secure all or any part of any facility in which the equipment is located, as the case may be, for any and all safety issues that an electrical service interruption might give rise to, including but not limited to injury to building
occupants, customers, invitees, or any third party and/or property damage, or work interruption, arising out of any event of repairs performed by Genset as to the equipment. Customer agrees with Genset that securing of the premises in order for
Genset to perform its Services is a material and critical element of this Agreement and, prior to the -performance of any Services under this Agreement, Customer will receive and execute with Genset a written Notification and Acknowledgement of
Inspection and Warning (Notification) related to the Services provided herein. The Notification shall include Genset's estimate as to when interruption of electrical services may occur during the performance of its obligations under this Agreement.
Customer further agrees that Genset shall have no liability to Customer or any third party for any estimate given in connection with potential interruptions in electrical services during the performance of Genset's obligations herein, it being
acknowledged by Customer that Genset's Services are often affected by acts of third parties and/or components or elements of the System that do not allow for more specific and accurate estimates as to when an electrical service interruption may
occur. 10. Damages. CUSTOMER AGREES THAT GENSET SHALL NOT BE LIABLE BEYOND THE REMEDIES EXPRESSLY SET FORTH HEREIN. GENSET SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN ANY MANNER FROM THE GOODS, EQUIPMENT OR MATERIALS FURNISHED OR THE WORK PERFORMED PURSUANT TO THE AGREEMENT, WHETHER BASED
ON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, OR FOR THE LOSS OF PROFITS, REVENUES, OR OTHER LOSSES ARISING OUT OF ANY DEFAULT UNDER THIS AGREEMENT,
EVEN IF GENSET SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE PRICE OF THE GOODS AND SERVICES PURCHASED BY CUSTOMER IS CONSIDERATION FOR
LIMITING GENSETS LIABILITY. GENSETS LIABILITY FOR ANY CLAIM ASSERTED BY CUSTOMER, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, SHALL NOT EXCEED THE CONTRACT PRICE OF THE
SERVICES HEREUNDER. NO ACTION OR SUIT TO ENFORCE RIGHTS OR REMEDIES ARISING FROM THIS TRANSACTION SHALL BE COMMENCED LATER THAN ONE YEAR FROM THE DATE OF GENSETS LAST
FURNISHING SERVICES UNDER THIS AGREEMENT. 11. Cancellation. Service Orders cannot be cancelled or after Customer signs and returns a Proposal which is accepted by Genset, except with Gensets written consent and subject to
conditions then agreed upon which shall indemnify Genset against liability and expense incurred and commitments made by Genset. No materials or products provided in conjunction with the Services may be returned. 12. Indemnity. Customer
represents and warrants that is fully insured for any and all potential damages arising out of or in connection with the Services performed by or to be performed by Genset hereunder. Customer shall defend, indemnify and hold harmless Genset and its
officers, directors, employees, agents, owners and affiliates, from and against any and all damages, costs, liability, and expense whatsoever (including attorneys' fees and related disbursements) incurred in whole or in part, directly or indirectly, by
reason of: (a) any failure by Customer to perform any covenant or agreement of Customer set forth herein or the breach of any representations or warranties set forth herein; (b) death or bodily injury or loss of or damage to property which arising out
of or in connection with the Services provided and any goods, parts or components provided; or (c) any acts of Customer or Customer's personnel; or (d) the unloading, installation, operation, storage or use by Customer of any goods provided by
Genset or any other party or subsequent owner. The foregoing obligation shall survive the termination or expiration of this Contract. 13. Miscellaneous. In addition to the other terms and conditions, Customer and Genset further agree that the
following shall also govern this Agreement: (a) Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require
performance of that provision or to exercise any right, power or remedy under this Agreement. Any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of
such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any circumstance shall, of itself, entitle such party to any other or further notice or demand in
similar or other circumstances. (b) Governing Law; Construction. This Agreement is being delivered and performed in the State of Florida and shall be construed in accordance with, and governed by, the law of the State of Florida. Venue of any
action related to this Agreement shall be placed in the courts of Broward County, Florida, exclusively. This Agreement, together with any other documents executed in conjunction with or pursuant to this Agreement shall not be construed against
either Customer or Genset, regardless of which party drafted the Agreement. It is intended that this Agreement is the product of informed negotiations between both parties with full knowledge of the meaning of the terms and conditions hereto. (c)
Enforcement. In connection with any action arising out of this Agreement, or in any way relating to the transactions contemplated hereby, the prevailing party in such action shall be entitled to recover from the non-prevailing party all court costs and
expenses of litigation, including attorneys fees, court costs, costs of investigation, accounting and other costs reasonably related to the litigation, including, without limitation, all attorneys fees and costs subsequent to entry of any judgment on behalf
of the prevailing party, on appeal; in connection with any bankruptcy proceedings, or in any alternative dispute resolution proceedings. THE PARTIES TO THIS AGREEMENT HEREBY WAIVE, WITHOUT EXCEPTION, ANY RIGHT TO JURY
TRIAL RELATED TO ANY ISSUE OR MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. (d) Successors and Assigns. All of the terms and conditions of this Agreement, and the -rights and obligations of the parties
hereunder, shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, and permitted successors and assigns of the parties hereto. This Agreement does not confer upon or give to any person other than the parties
any rights or benefits hereunder. (e) Entire Agreement. This Agreement, any Agreements referenced herein and exhibits attached hereto constitute the entire Agreement and understanding of the parties with respect to the transactions contemplated
hereby as an exclusive statement and incorporate and supercede all prior and contemporaneous negotiations, agreements and understandings related to the subject matter hereof. This Agreement, referenced Agreements, and exhibits may not be
amended, terminated or otherwise modified, except by a written instrument executed by all of the parties to be bound thereby. (f) Notice. Subject to written notice of change of address, any notice, request, instruction, or other document to be given
under this Agreement by any party to any other party shall be in writing, signed by or on behalf of the party giving notice, and shall be deemed to have been given on the earlier to occur of: (1) the date of actual performance; or (2) five (5) days after
the date on which such notice is mailed by United States Mail, postage prepaid to each party at the addresses listed below; or (3) the date of electronic facsimile transmission that is verified by the issuance of a successful facsimile transmission report at
the facsimile telephone number for the receiving party, which is currently on file with the sending party; or (4) the business day following the day on which such notice is sent by any next day or overnight delivery service to each party at the address
listed below. If to Customer: To the address and contact person identified on the Proposal. If to Genset: Genset Services, Inc., 3100 Gateway Drive, Pompano Beach, FL 33069 Genset shall not be in default of any of its obligations hereunder unless
Customer provides Genset with seven (7) days written notice of default and specifying the action required to cure the default and Genset fails to cure such default.
Terms and Conditions
Proposal#: 66545 Proposal Date: 01/26/2026 Valid Until: 02/25/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
7 of 7
Job Name:Dania Beach Fire Station 1
Prepared For:City of Dania Beach
Contact:Joel Rodriguez
Project Rep:David Rodriguez
Phone:954-956-9252
Email:drodriguez@gensetservices.com
We are pleased to offer the following proposal:
Quantity 1 - Generac Industrial diesel engine-driven generator set with turbocharged/aftercooled 6-cylinder 8.7L engine, consisting of
the following features and accessories:
Stationary Emergency-Standby rated
250 kW Rating, wired for 120/240 VAC three phase, 60 Hz
Permanent Magnet Excitation
UL2200
EPA Emergency Certified
Level 2 Acoustic Enclosure, Aluminum
Industrial Grey Baked-On Powder Coat Finish
High Velocity Hurricane Zone Certified
Meets the Follwing Florida Building Code standards:
TAS-201 (Large Missile Impact - Level E)
TAS-202 (Uniform Static Air Pressure)
TAS-203 (Cyclic Wind Pressure)
PE Stamps
535GL Useable, 596GL Total. UL-142, FDEP, Sub-base Fuel Tank :
7GL Fuel/Spill box
High level fuel switch
Mechanical Fuel Gauge
4"Overfill Prevention Valve
2 Light Annunciator
H-100 Control Panel
Meets NFPA 99 and 110 requirements
Temp Range -40 to 70 degrees C
Digital Microprocessor:
Two 4-line x 20 displays, full system status
3 Phase sensing, +/-0.25% digital voltage regulation
RS232, RS485 and Canbus remote ports
Waterproof connections
All engine sensors are 4-20ma for minimal interference
Programmable I/O
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
1 of 7
Built-in PLC for special applications
Engine function monitoring and control:
Full range standby operation; programmable auto crank, Emergency Stop, Auto-Off-Manual switch
Isochronous Governor, +/-0.25% frequency regulation
Full system status on all AC output and engine function parameters
Service reminders, trending, fault history (alarm log)
I2T function for full generator protection
Selectable low-speed exercise
2-wire start controls for any 2-wire transfer switch
21 Light Remote Annunciator
Surface-Mount
Integral 8 Function Relay Board
Remote Emergency Stop Switch, Break-Glass, shipped loose
Primary MLCB, 80% rated thermal-magnetic
400 amp
Alarm Contacts, Shunt Trip
Auxiliary Contacts, 1 Set
Secondary MLCB, 80% rated thermal-magnetic
400 amp
Alarm Contacts, Shunt Trip
Auxiliary Contacts, 1 Set
Third MLCB, 80% rated thermal-magnetic
200 amp
Alarm Contacts, Shunt Trip
Auxiliary Contacts, 1 Set
Battery Charger, 10 Amp, NFPA 110 compliant, installed
110 AH, 925 CCA Group 31 Batteries, with rack, installed
Coolant Heater, 2000W, 240VAC
Air Filter Restriction Indicator
Alternator Strip Heater
Flush Mount Annunciator Kit
Generac Link Manager hardware gateway for remote monitoring and control
2 Serial Ports: CAN/RS485; 2 TCP Ports: Eth1 (Ethernet 1), Eth2 (Ethernet 2)
Antennas: GPS, Ethernet Ports (2); Cellular SIM Card Ruggedized 2FF
Std set of 3 Manuals
Certified Test Report
5-Year Comprehensive Warranty
SD0250JG178.7D18HPLY3
Quantity 1 - TX Series Automatic Transfer Switch consisting of the following features and accessories:
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
2 of 7
400 Amp, 4 pole, 120/240 VAC three phase, 60 Hz, with 2 or 3-Wire Start Circuit
Utility Voltage Sensing Controls:
Adjustable Drop-out and Pick-up
Adjustable Utility Interrupt Delay
Adjustable Logic Controls:
Minimum Standby Voltage
Minimum Standby Frequency
Engine Warmup
Return to Utility
Engine Cooldown
Transfer on Exercise
3 Owner's Manuals
Double Set of Form C Aux Cont
IBC Seismic Certified
Withstand and Close-On Rating - 65kA Specific Breaker
Enclosure Heater
IO Board - 4 Inputs, 4 Outputs
UL Listed 1008 by ETL
Controller and Circuit Breaker Covers, Padlockable, Black
NEMA 1 Enlosure
Service Entrance Rated
Time Delay Neutral
Five Year Extended Warranty
Quantity 1 - TX Series Automatic Transfer Switch consisting of the following features and accessories:
200 Amp, 3 pole, 120/240 VAC single phase, 60 Hz, with 2 or 3-Wire Start Circuit
Utility Voltage Sensing Controls:
Adjustable Drop-out and Pick-up
Adjustable Utility Interrupt Delay
Adjustable Logic Controls:
Minimum Standby Voltage
Minimum Standby Frequency
Engine Warmup
Return to Utility
Engine Cooldown
Transfer on Exercise
3 Owner's Manuals
Double Set of Form C Aux Cont
IBC Seismic Certified
Withstand and Close-On Rating - 42kA Specific Breaker
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
3 of 7
Enclosure Heater
IO Board - 4 Inputs, 4 Outputs
UL Listed 1008 by ETL
Controller and Circuit Breaker Covers, Padlockable, Black
NEMA 4X 316SS Enclosure
Service Entrance Rated
Time Delay Neutral
Five Year Extended Warranty
Quantity 1 - Freight to Jobsite
Quantity 1 - Startup and Commissioning w/ 4hr Load Bank
Total investments for the above equipment (not including any taxes):$ 130,370.71
Terms and Conditions:
30% deposit with order, balance before shipping. Other payment terms need to be approved by the credit department before
a purchase order is accepted. Payment obligations are not dependent or contingent upon the manner in which purchaser
may receive.
Due to uncertainty in the cost of components for our products caused by the current administrations import tariff policies, the
above pricing is an estimate and subject to change up to the day the equipment ships. It will be necessary to pass along
any increases where additional tariffs apply.
In the event of significant delay or price increase of material occurring during the performance of the contract through no
fault of Genset, the contract sum, time of performance, and contract requirements shall be equitably adjusted by change
order in accordance with the procedures of the contract documents.
Estimated Delivery:20-22 weeks
FOB:jobsite installation and offloading by others unless included in the above BOM
Quoted Per:drawings dated 1/6/26
Exceptions to the
specifications:
Base quote includes an HVHZ large missile impact enclosure.
Base quote included one trip for startup and load bank.
Additional trips will be billed at current service tech rates at the time of request.
Generac Sourcewell Contract No. 092222-GNR
City of Dania Beach Sourcewell member # 25520
EOR Proposal BOM review 11/27/26
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
4 of 7
Generator breakers are three pole based on the generator being 3-phase. Contractor to use 2 of the three
phases. Load balancing to be taken into consideration when adding loads to the spare breaker in the
future.
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
5 of 7
Free Text
Free Text
1652884791563_s_0
Hold for Release
1652884791563_s_1
Release to Manufacturer
Customer Authorization:
(by signing below, I acknowledge that I have read and accept the Genset terms and conditions that follow).
Signature:
1649791066109_s_ph
Print Name:
1657746476411_s_ph
Title:
1649791072875_s_ph
Date:
1649791076114_s_ph
P.O.#:
1649791078790_s_ph
Project Status
1652884791563_s_ph
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
6 of 7
GENSET SERVICES SERVICE TERMS & CONDITIONS 1. Agreement and Order. The terms and conditions set forth below (the Terms and Conditions) and on Gensets proposal, quotation or order form attached hereto (collectively referred to as
the "Proposal" and together with these Terms and Conditions, the Agreement) constitute the complete and exclusive statement of the terms of this transaction by and between Genset Services, Inc. (Genset) and the customer identified on the Proposal
(the Customer) for the performance of the services specifically set forth on the Proposal (the Services). To the extent that the terms contained on the Proposal differ from the terms contained in these Terms and Conditions, the terms of the Proposal shall
govern to the extent of such differences provided that Genset has executed the version of the Proposal containing such terms following the addition or inclusion of such terms. Genset shall have no obligation to perform other services not described on
the Proposal, but Genset may provide other Services at Customers request, as and when needed pursuant to the Agreement. Any additional Services performed shall be subject to these Terms and Conditions 2. Parts. Genset shall furnish parts as
necessary at Gensets then current scheduled price or on an exchange basis, regardless of when installed, and such parts shall either be new or equivalent to new in performance when used in Customers equipment. 3. Modification of Terms. No terms
contained on any purchase order, service order, contract or other document prepared by or submitted to Genset by Customer or its agents, including modification of the terms contained on the Proposal and in these Terms and Conditions, shall be
effective or bind Genset unless Genset agrees to such terms or requirements by executing and returning to Customer such purchase order, agreement or other document. Failure by Genset to respond in writing to Customer upon receipt of Genset of a
purchase order or other agreement by Customer shall not be a waiver of the requirement that Genset agree in writing to any terms contained in a purchase order or other contract. All representations, promises, warranties or statements by any agent or
employee of Genset that differ in any way from the Proposal as prepared by Genset or the Terms and Conditions in the Agreement shall be of no force or effect. No course of prior dealings between the parties and no usage of the trade shall be relevant
to this transaction. Prices quoted on the Proposal are good for a period of thirty (30) days from the date of the Proposal, provided that prior to the execution of the Proposal by Customer and acceptance by Genset, prices are subject to change without
notice. 4. Charges. Charges for the Services described on the Proposal are described thereon. Charges for on-call, unscheduled or additional Services requested by Customer, but not described on the reverse, shall be at the rates then published by
Genset in writing. Customer shall be responsible for any parts and shipping charges for such parts ordered by Genset in order to perform the Services 5. Taxes. Quoted prices do not include any applicable sales, use, transfer, excise or other taxes, tariffs
or custom duties unless required by federal, state or local law, in which case, the quoted price shall include only such items of sales, use, transfer, excise or other taxes, tariffs or custom duties as are required by federal, state or local law. Customer
will pay directly or to Genset any such taxes, tariffs or duties levied upon the sale, transfer, import, or service or necessary components thereof unless Customer provides Genset with a valid tax exemption certificate. Genset shall provide Customer
with any tax payment certificate upon request and after acceptance of the Services being provided hereunder and full payment to Genset. 6. Time of Performance. If performance of the Services is delayed through no fault of Genset, then the time for
performance of the work shall be extended to the extent of such delay. Genset shall not be liable for any delays in performance directly or indirectly resulting from acts of Customer, its agents, employees, or subcontractors, or any other causes beyond
the control of Genset. If any necessary components of the Services become unavailable, then Genset shall be released from any obligation to provide the specified materials which are unavailable and Customer agrees to pay Genset for any difference
between the cost of the unavailable materials or equipment and the cost of any reasonably available substitute. The estimated date of performance indicated on the Proposal is subject to delay due to availability of necessary components, and Genset
shall not be liable for any such delay. 7. Payment. Upon Customers execution and return of the Proposal, Customer must provide a deposit in the amount of 30% of the service fee contained in the Proposal unless some other amount is set forth on the
Proposal. Unless otherwise set forth on the Proposal, the entire service fee, plus all applicable sales tax and other charges contained on the Proposal must be tendered by Customer to Genset within 2 days following notification by Genset to Customer
that the Services are ready to be performed. In any case full and final payment must be made by Customer and received by Genset no later than two days prior to Genset performing the Services, and Genset shall have no obligation to perform the
Services prior to receiving full and final payment. Customer is responsible for the payment of all registration fees, use tax or similar assessments and taxes which may be imposed upon the service or the sale, possession or use of any necessary parts
or components. Customer hereby grants Genset a security interest in Customers generator and any parts installed by Genset until such time as Genset is actually paid in full, and Customer will assist Genset in any action necessary to perfect Gensets
security interest, provided that Genset may prepare, file and record a UCC financing statement to evidence the security interest with no further notice to or consent by Customer. No parts or components furnished by Genset shall become a fixture by
reason of being attached to real estate until payment in full has been received and acknowledged by Genset. Customer shall not be entitled to set-off any amounts due from Customer against any amount due to Genset in connection with this transaction.
8. Warranty; Limitation. (a) CUSTOMER ACKNOWLEDGES THAT THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES ARE ANY APPLICABLE WARRANTIES OFFERED BY THE MANUFACTURER OF ANY
NECESSARY PART OR COMPONENT THEREOF AND THAT GENSET MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, NOR DOES IT WARRANT
THE MERCHANTABILITY OF THE COMPONENTS OR THAT THE COMPONENTS ARE FIT FOR A PARTICULAR PURPOSE. PARTS AND COMPONENTS ARE SOLD AND SERVICES PROVIDED BY GENSET TO PURCHASER AS
IS WHERE IS AND WITH ALL FAULTS. (b) CUSTOMER ACKNOWLEDGES THAT IT HAS DECIDED TO CONTRACT FOR SERVICES BASED ON ITS OWN ASSESSMENT OF ITS NEEDS. CUSTOMER ACKNOWLEDGES AND
AGREES THAT GENSET HAS NOT MADE ANY STATEMENTS OF FACT CONCERNING THE SERVICES, AND CUSTOMER HAS NOT RELIED UPON ANY STATEMENT BY GENSET IN DECIDING TO CONTRACT FOR THE
SERVICES. (c) CUSTOMER IS SOLELY RESPONSIBLE FOR FOLLOWING ALL MANUFACTURER REQUIREMENTS WITH RESPECT TO THE EQUIPMENT ON WHICH THE SERVICES ARE PERFORMED. (d) Customer further
agrees that in no event shall Genset's liability to Customer for damages of any nature exceed the amounts actually paid by Customer to Genset for the Services. 9. Access to Equipment; Performance of Services; Customer Obligations. (a) Genset's
maintenance personnel shall have free access to the Customers Equipment for the purpose of providing Services. (b) During any Services provided pursuant to this Agreement as to the System, whether an interruption in electrical service is
contemplated by Customer or Genset or not, as a matter of allocating between Customer and Genset the risks associated with an interruption in electrical services and/or taking the Customers equipment off line, Customer agrees to use its best efforts to
fully and completely secure all or any part of any facility in which the equipment is located, as the case may be, for any and all safety issues that an electrical service interruption might give rise to, including but not limited to injury to building
occupants, customers, invitees, or any third party and/or property damage, or work interruption, arising out of any event of repairs performed by Genset as to the equipment. Customer agrees with Genset that securing of the premises in order for
Genset to perform its Services is a material and critical element of this Agreement and, prior to the -performance of any Services under this Agreement, Customer will receive and execute with Genset a written Notification and Acknowledgement of
Inspection and Warning (Notification) related to the Services provided herein. The Notification shall include Genset's estimate as to when interruption of electrical services may occur during the performance of its obligations under this Agreement.
Customer further agrees that Genset shall have no liability to Customer or any third party for any estimate given in connection with potential interruptions in electrical services during the performance of Genset's obligations herein, it being
acknowledged by Customer that Genset's Services are often affected by acts of third parties and/or components or elements of the System that do not allow for more specific and accurate estimates as to when an electrical service interruption may
occur. 10. Damages. CUSTOMER AGREES THAT GENSET SHALL NOT BE LIABLE BEYOND THE REMEDIES EXPRESSLY SET FORTH HEREIN. GENSET SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN ANY MANNER FROM THE GOODS, EQUIPMENT OR MATERIALS FURNISHED OR THE WORK PERFORMED PURSUANT TO THE AGREEMENT, WHETHER BASED
ON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, OR FOR THE LOSS OF PROFITS, REVENUES, OR OTHER LOSSES ARISING OUT OF ANY DEFAULT UNDER THIS AGREEMENT,
EVEN IF GENSET SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE PRICE OF THE GOODS AND SERVICES PURCHASED BY CUSTOMER IS CONSIDERATION FOR
LIMITING GENSETS LIABILITY. GENSETS LIABILITY FOR ANY CLAIM ASSERTED BY CUSTOMER, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, SHALL NOT EXCEED THE CONTRACT PRICE OF THE
SERVICES HEREUNDER. NO ACTION OR SUIT TO ENFORCE RIGHTS OR REMEDIES ARISING FROM THIS TRANSACTION SHALL BE COMMENCED LATER THAN ONE YEAR FROM THE DATE OF GENSETS LAST
FURNISHING SERVICES UNDER THIS AGREEMENT. 11. Cancellation. Service Orders cannot be cancelled or after Customer signs and returns a Proposal which is accepted by Genset, except with Gensets written consent and subject to
conditions then agreed upon which shall indemnify Genset against liability and expense incurred and commitments made by Genset. No materials or products provided in conjunction with the Services may be returned. 12. Indemnity. Customer
represents and warrants that is fully insured for any and all potential damages arising out of or in connection with the Services performed by or to be performed by Genset hereunder. Customer shall defend, indemnify and hold harmless Genset and its
officers, directors, employees, agents, owners and affiliates, from and against any and all damages, costs, liability, and expense whatsoever (including attorneys' fees and related disbursements) incurred in whole or in part, directly or indirectly, by
reason of: (a) any failure by Customer to perform any covenant or agreement of Customer set forth herein or the breach of any representations or warranties set forth herein; (b) death or bodily injury or loss of or damage to property which arising out
of or in connection with the Services provided and any goods, parts or components provided; or (c) any acts of Customer or Customer's personnel; or (d) the unloading, installation, operation, storage or use by Customer of any goods provided by
Genset or any other party or subsequent owner. The foregoing obligation shall survive the termination or expiration of this Contract. 13. Miscellaneous. In addition to the other terms and conditions, Customer and Genset further agree that the
following shall also govern this Agreement: (a) Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require
performance of that provision or to exercise any right, power or remedy under this Agreement. Any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of
such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any circumstance shall, of itself, entitle such party to any other or further notice or demand in
similar or other circumstances. (b) Governing Law; Construction. This Agreement is being delivered and performed in the State of Florida and shall be construed in accordance with, and governed by, the law of the State of Florida. Venue of any
action related to this Agreement shall be placed in the courts of Broward County, Florida, exclusively. This Agreement, together with any other documents executed in conjunction with or pursuant to this Agreement shall not be construed against
either Customer or Genset, regardless of which party drafted the Agreement. It is intended that this Agreement is the product of informed negotiations between both parties with full knowledge of the meaning of the terms and conditions hereto. (c)
Enforcement. In connection with any action arising out of this Agreement, or in any way relating to the transactions contemplated hereby, the prevailing party in such action shall be entitled to recover from the non-prevailing party all court costs and
expenses of litigation, including attorneys fees, court costs, costs of investigation, accounting and other costs reasonably related to the litigation, including, without limitation, all attorneys fees and costs subsequent to entry of any judgment on behalf
of the prevailing party, on appeal; in connection with any bankruptcy proceedings, or in any alternative dispute resolution proceedings. THE PARTIES TO THIS AGREEMENT HEREBY WAIVE, WITHOUT EXCEPTION, ANY RIGHT TO JURY
TRIAL RELATED TO ANY ISSUE OR MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. (d) Successors and Assigns. All of the terms and conditions of this Agreement, and the -rights and obligations of the parties
hereunder, shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, and permitted successors and assigns of the parties hereto. This Agreement does not confer upon or give to any person other than the parties
any rights or benefits hereunder. (e) Entire Agreement. This Agreement, any Agreements referenced herein and exhibits attached hereto constitute the entire Agreement and understanding of the parties with respect to the transactions contemplated
hereby as an exclusive statement and incorporate and supercede all prior and contemporaneous negotiations, agreements and understandings related to the subject matter hereof. This Agreement, referenced Agreements, and exhibits may not be
amended, terminated or otherwise modified, except by a written instrument executed by all of the parties to be bound thereby. (f) Notice. Subject to written notice of change of address, any notice, request, instruction, or other document to be given
under this Agreement by any party to any other party shall be in writing, signed by or on behalf of the party giving notice, and shall be deemed to have been given on the earlier to occur of: (1) the date of actual performance; or (2) five (5) days after
the date on which such notice is mailed by United States Mail, postage prepaid to each party at the addresses listed below; or (3) the date of electronic facsimile transmission that is verified by the issuance of a successful facsimile transmission report at
the facsimile telephone number for the receiving party, which is currently on file with the sending party; or (4) the business day following the day on which such notice is sent by any next day or overnight delivery service to each party at the address
listed below. If to Customer: To the address and contact person identified on the Proposal. If to Genset: Genset Services, Inc., 3100 Gateway Drive, Pompano Beach, FL 33069 Genset shall not be in default of any of its obligations hereunder unless
Customer provides Genset with seven (7) days written notice of default and specifying the action required to cure the default and Genset fails to cure such default.
Terms and Conditions
Proposal#: 66585 Proposal Date: 01/28/2026 Valid Until: 02/27/2026
3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110
578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415
www.gensetservices.com
7 of 7