HomeMy WebLinkAboutDocumentation_Regular_Tab 06_10/11/2018 Village of Tequesta
Water Treatment Plant Memo
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 � www.tequesta.org
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To: Michael Couzzo, Village Manager
From: Nate Litteral, Water Plant Superintendent
Date: 9/7/18
Subj: RO Plant Generator Enclosure Roof
This agenda item references the RO Plant Generator Enclosure Roof repair.
The enclosure is 18 years old and is in need of repair. Altec Roofing has proposed to install
a GACO roof coating system and flashing to waterproof the existing structure.
The proposal includes all preparations, materials and labor for $4827.00.
Due to the site conditions, (high temperatures and vibration from genset) a 10 year
warranty on workmanship and materials is offered for an additional $1000.00. I strongly
recommend to be included as well.
The total project proposal is $5827.00 and will be paid from 401-242-546.303 Building
Repair and Maintenance
Nate Litteral
Water Plant Superintendent
Water Production
1
ROOF/NG
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CONTRACT PROPOSAL
Owner/Contractor: Village of Tequesta Jobsite: Village of Tequesta
Address: 901 Nath Dixie Hwy Address: 901 Old Dixie Hwy
City/State2ip: Tequesta, Fl 33469 City/State/Zip: Tequesta,F� 33469
PRJ#8?02: Generator Bldg Restoration Proposal Date: 8/30/2018
SCOPE OF WORK:
Clean roof surface wRh GACO Cleaner to manufacture specificatio�s.
Prime approximetely 300 square feet ot metal roof surface with GACO 2-Part Epoxy Primer.
Apply GACO SeamSeal to fiHd panel seams and penetration flashings.
Apply S2000 Base and 6-inch fabric to 2x2 intake flashing and approximately 50 LF of sleeper flashing.
Top coat entire roof system with GACO S2000 to manufactures specification for i 0-Year Warranry.
Op6on add for adual warranry coverage directly from manufacturer.
3-Year Workmanship Warranty by Contractor.
The laba,matenal and equipnent reQuired for this job wiU be(umished by Akac RooRny for a total c�i:
Four Thousand Eight Hundred Twenty Seven and 00l100 DoNars ----- --- 4,827.00
fc:ery �
; � ,
Payment ro ba rnaae as rawws. n�
�
My alteration a deviation from ths abore scope d wak irnolwng extrs cosls will become an extra d�arge�n addilion to the quoted price. Our wakers
�� tuNv cov�nd bv WorkwlNf's Confow�s�tion insurance. The ConUaQ DotumeMs cons+st of this �xaposal. Ihe tertns and condi0ms. all
doCum6�ts refarenced Hbrein and the Limiled WOAcma�hip Wartanty form antl are incorporatetl hereui by�e(erence.This propo581 wiq be sub�eGt flD
wiMdravial d not aaeP��within fAteen(15)days.
Seand ACie LlabilNy Eaeh+sion:Co�Vadw exprees�y diselaims liabiity for any�swe.Gaim.cost and/w damage indudirg.wAhoul limdatron.aComey's
lees,costs and e�enses.e��+g out ot or►eWting to combirring a aea�ed etlic system wiM spray foam insulation and/or a sel�-adlx►ed underlayment.
a�d Cuslomer agress W irbemnify.dete�d and Iwtd hsrtnkss Contrscta tor any ard all damages arisirg ad of said condition(s).
3 I 34 4�`�' Street � West Palcn Beach, FL 33407
Main Ot'fice: f561)747-1990� Vero:(772)778-1997 ! Fax: (�6l)747-1645
Alrec RooJing rs n JPJ Cn►rt/xr�ric.c. [.LC hrmi�l
Page 1 of 7
ADD ALTERNATES / DEDUCTIONS
10-Year GACO Warranty $1,000.00
Qualifying Notes
*Notwithstanding anything herein to the contrary,in the event significant delay or price increase of material, equipment, or
energy occurring during the performance of the contract through no fault of the roofing contractor,the contract sum, time
of completion,or contract requirements shall be equitably adjusted by change order in accordance with the procedures of
the contract documents. A change in price of an item of material,equipment,or energy will be considered significant
when the price of an item increases 5°/a(five percent)between the date of this bid or contract and the date of materials
purchase or installation.
'Rotten Plywood at an additional charge of$85.00 per sheet.
'Rotten fascia/stucco removed and replaced, if necessary, on a time and material basis($100.00 per man-hour plus
materials)or by others.Any structural repairs,modifications or upgrades, if necessary,will require a general contractor
and will be invoiced separately from the stated contract price.
'Insulation/Gutter pricing is available upon request.
3134 45`h Street � West Palm Beach, FL 33407
Main Office: (561) 747-1990 � Vero: (772) 778-1997 � Fax: (�61) 747-1645
Altec Roofing is a JPJ Companies, LLC brcrnd
Page 2 of 7
Specific Exclusions
'Any labor, materials or costs relating to work not specifically outlined in the SCOPE OF WORK are not included in this
proposal.
'Any labor,materials or cosls associated with structural repairs or structural upgrades. Any structural repairs or upgrades
will require a general contractor and will be invoiced separately from the staled contract price.
'Any labor,materials or costs associated with stucco work,exterior/interior painting,Plumbing related issues,HVAC
relaled items and Electrical related items.
Landscaping
'Properiy access is very limited around the proposed area of work and the access points have moderate to heavy
landscaping. Although we will do our best to avoid any destruction of the landscaping we cannot take responsibility tor
areas that may incu�some damage as roofing demolition involves heavy tra�c of individuals,equipment and material.
Driveway
'We will require access to all eaves of lhe house We wilt take reasonable precautions to protect the prope�ty however we
cannot accept responsibitity for damages to the driveway if the driveway cannot support the weight of the necessary
equipment required For this project.
I HAVE READ AND UNDERSTAND THIS PROPOSAL, THE TERMS AND CONDITIONS, AND ALL DOCUMENTS
REFERENCEO THEREIN AND AGREE TO BE BOUND BY THEIR TERMS.
ACCEPTANCE OF PROPOSAI'The a0ove pnces scope of woM antl contld�ons are
sausfactory a�d are hereDy accepted JPJ Companes.lLC dia'a Anec RxCug K
authonzed to do Ihe work as speuheE By signed below.Cuslomer acknow�ed4es
that Cusrome��s�he ovmer of thc property where work is ro be DeAom+eO
JPJ Companies,LLC dlWal Altec Roofing
A.4c ted by Oy�erlContracwr:
V� Qr c�t_�eu ,tS ��..
h�� : �«� - P�Qr�� ��o�.�,�t�,����--�
(print name 8 title) l
, BY
'� Mr y Nurminen
�
Signature.
Dale:
f� Date � � ��
3134�S'�, Strcct � West Palm lieach. FL 33�307
�1ain Otlice: (561) 747-199(1 ( �'�ro: 177'_) 77K-1997 � Fax: 1�b1► 747-Ib�S
.�Ill�'c' Rrn�JinL i� �t JP./('��m/�u�tr��c. /.!.(�hru�ul
Pa��e 3 of 7
TERMS AIYD COIYD(TIONS
1. This proposal is automatically withdrawn on the IS'�'day following its date of issue if not accepted in writing and a copy of this
proposal returned to JPJ Companies, LLC d/b/a Altec Roofing("Contractor'). If Customer accepts this proposal,the proposal
becomes a binding contract between Customer and Contractor ("Agreement"). Contractor reserves the right to withdraw this
proposal at any time prior to its acceptance, or alternatively, to cancel this Agreement prior to the start of the work to be
performed in the event the cost to complete the work varies from the initial standard pricing due to a typographical or
mathematical error. As used in this Agreement, (a) the word "or•" is not exclusive, (b)the word "includi�rg" is always without
limitation,(c)"days'means calendar days and(c)singular words include plural and vice versa.
2. Customer agrees to provide Contractor with adequate access to electriciry and other utilities as needed, the work site, and the
work area adjacent to the structure. Contractor is not liable and Customer is solely responsible for the grading, slope or
construction of the roof deck, the roofing system or appurtenances,or work installed by any person other than Contractor, unless
otherwise specified in this Agreement. Customer agrees to provide roof deck surfaces that are ready to receive materials as
required.All wood work shall be an additional charge.
3. Contractor will perform the work hercundcr within a rcasonable timc and in a workmantike manner.
4. Should concealed or unknown conditions be discovered different than those ordinarily encountered and generaUy recognized as
inherent in work of the character provided for in this Agreement, the Agreement price shall be adjusted upon notice from the
Contractor to the Customer. ff the substrate roof condition will or have caused ponding, and repairs are required to correct the
roof so ponding will not occur,Customer shall be liable for same.
5. If there is an inerease in the price of the materials charged to the Contractor in excess of 10%subsequent to the execution of this
proposal/contract, the price set tiorth in this proposallcontract shall be increased by written change order or amendment to the
contract to reflect the price increase and additional direct cost to the contractor. Contractor will submit written documentation of
the increased charges to the Customcr.
6. Contractor is not obligated to perform service, warranry and/or punch list work if Customer fails to timely pay Contractor, and
Contractor may cease all work or terminate the Agreement if Customer fails to timely pay Contractor. Contractor reserves the
right to require a deposit in excess of 10%, and Customen c�reby agrees to waive the requirements of Florida Statute 489.126.
Customer agrees to pay a late charge of I 1/2 % per month (ANNUAL PERCENTAGE RATE OF 18%), unless otherwise
required by law,on the balance of any amounts not paid.
7. (n the event that state,county, or municipa(codes or regulations require work not expressly set forth in this Agreement or differ
from that generally reco�nized as inherent in work of the character provided for in this Agreement,all extra cost for Contractor's
labor and materials shall be the sole obligation of the Customer
8. It shall be the sole obligation of the Customer to determine the existence of restrictions contained in deeds, subdivision or
neighborhood regulations which might relate to or restrict the improvements under this Agreement. Contractor shall have no
liability or responsibility for any such non-conformiry with such restrictions/requirements.Contractor shall be entiticd to payment
from Customer of all sums due hereunder not withstanding any injunction/prohibition against the work as a result of any violation
of such restriction�'requirement.
9. Due to the nature of the construction to be done at Customer's request, Contractor will only be responsible for its intentional
damage to curbs, walkways, driveways, structures, septic tanks, utility lines, satellites, gutters, downspouts, landscaping,
appurtenances, person(s) or real or personal property at the job location. Customer is solely responsible/liable for protecting
them. Contractor is not responsible/liable for any cracks, in the ceilin� due to the removal and reinstalling of the roof or any
damage caused by dust or debris caused by Contractor's work. The cost for testing or abatement for asbestos is the sole
responsibility of the Customer.
10. This Agreement shall be governed by the laws of the State of Florida. Venue of any liti;ation arising out of this Agreement shall
be exclusively brought in Palm Beach County,Florida.
I 1. Unless otherwise provided: THERE ARE NO EXPRESS OR LMPL/ED WARRANTIES WHATSOEVER INCLUDING BUT
NOT L!M/TED TO THE lMPLIED WARRANT/ES OF MERCHANTAB/L/TY AND FITNESS FOR A PART/CULAR
PURPOSE. All warranties or guarantees provided by Contractor, if any, shall be deemed null and void if Customer fails to
stricdy adhere to the payment terms contained in the Agreement. All warranties and guarantees, if any, provided under the
Agreement are solely for the original Customer and are non-transferable, unless otherwise agreed to by Customer and Contractor
in writing. Any express warranty provided, if any, by Contractor is thc solc and cxclusivc rcmcdy for allcged construction
defects, in lieu of all other remedies. implied or statutory. Contractor does not guarantee or warrant against the possibility of tile
slippage with a mortar or foam type tile roof system on any roofs over 4/12 pitch where the Customer has chosen not to have
them mechanically fastened.
12. [n no event, whether based on contract, warranty (express or implied), tort, federal or state stawte or otherwise arising from or
relating to the work and services performed under the Agreement,shall Contractor be liable for special,consequential,or indirect
damaees,including loss of use,loss of profits,or actions by third parties.
3134 45`h Street � West Palm Beach, FL 33407
Main Office: (561) 747-1990 � Vero: (772) 778-1997 � Fax: (561) 747-1645
Altec Roofing is a JPJ Companies. LLC hrnnd
Page 4 of 7
13. It is the Customer's responsibiliri to notity Contractor in writinE within three(3)days of the occurrence of anv claim, defect,or
deficieny arising out of work performed services supplied or materials provided bv Contractor under this Asreement
("Occurrence") Failure of the Customer to provide written notice of the Occurrence will result in t6e Customer waivin� ail
claims that may be brou�ht against Contractor arisin�out of or relating to the Occurrence, includine claims arisins:in law, equitv,
contract warranry tort or federal or state statutory claims.
14. Contractor shall not be liable for any damage, whether actual or consequential,or claim arising out of or relating to Acts of God,
accidents,civil disturbances,delays in obtaining materials,delays in transportation, fires,weather conditions,strikes,war or other
causes bcyond Contractor's reasonable control, including dclays caused by any act or neglect of Customer, by any separate
contractor employed by the Customer. Customer may obtain fire, tornado, Flood, builder's risk and other necessary insurance for
this project.
I5. This Agreement reflects the entire agreement of the parties and supersedes any previous or contemporaneous agreement,
understanding, or rcpresentation, oral or written, by the parties. All documents or exhibits referred to in this Agreement are an
integral part of thc Agrccmcnt and are incorporatcd by refercnce in thc Agrecmcnt. This Agrecment incorporatcs the documents
entitled""Residential Limited Warranty"and"Statutory Warnings;'to the extent applicable. Customer acknowledges that it has
read and agreed to all incorporated documents and exhibits.
16. As a eondition precedent to any court action by either party,the parties agree to attend non-binding mediation within twenty(20)
days after a party's written demand. The parties shall choose a mutually acceptable mediator. The mecliation must be completed
within thirty(30)days after demand, time being of the essence. (f any party fails to cooperate to timely complete the mediation,
then the other parties may consider this condition precedent waived.
l7. Jun�Trial Waiver.
THE UNDERSIGNED WAIVES THE RIGHT TO A T'RIAL BY JURY W ANY ACTION OR PROCEEDING ARISING OUT
OR RELATED TO ANY ASPECT OF THE TRANSACTION tN CONNECTION WITH WHICH TH1S DOCUMENT [S
BEfNG GIVEN OR ANY DOCUMENT EXECUTED OR DELIVERED [N CONNECTION WITH SUCH TRANSACTION.
THIS WANER IS KNOW[NGLY. INTENT[ONALLY AND VOLUNTARILY MADE BY THE UNDERS(GNED AND THE
UNDERSIGNED ACKNOWLEDGES THAT NO ONE HAS MADE ANY REPRESENTATIONS OF FACT TO [NDUCE
THIS WANER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. THE UNDERSIGNED
FURTHER ACKNOWLEDGES HAVING BEEN REPRESENTED IN CONNECTION WITH THE TRANSACTION WITH
RESPECT TO WHICH THIS DOCUMENT IS BEING GIVEN AND IN THE MAK[NG OF THIS WAIVER BY
INDEPENDENT LEGAL COUNSEL, SELECTED BY THE UNDERSIGNEDS' OWN FREE WILL, AND THAT THEY
UNDERSIGNED HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH SUCH COUNSEL. THE
UNDERSIGNED FURTHER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE MEAINING AND
RAMIFICATIONS OF TH(S WAIVER PROVISION.
18. Attornevs Fees.
In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the other
party its attorney's fees and costs,including attorney's fees and costs for any appellate proceedings.
19. For any change order work, including any work in addition to this contract,Contractor shall be entitled to any additional change
on a time and materials basis. The materials shall be charged at actual costs,plus 25%for overhead and profit,and labor charges
shall be billed at$I 00.00 per man per hour.
20. When the National Weather Service,National Hurricane Center or appropriate weather agency declares a vopical storm watch or
warning or a hurricane watch or warning for any portion of county in which the project is located. all construction materials,
including roof tiles, and debris on all building and construction sites must be secured, stored or remo�-ed so as not to create a
safety hazard because of hurricane or tropical storm force winds. If Altec is required to perform these extra services, Altec will
char�e,and the cu�tomer agrees to pay, Altec's additional fee based upon a time and materials basis at Altec's standard rates in
effect that the time.
PLEASE READ THE TERMS&CONDITIONS AND lNIT1AL_�
3134 45`�' Street � West Palm Beach, FL 33407
Main Office: (561) 747-1990 i Vero: (772) 778-1997 � Fax: (561) 747-1645
Altec Roofing i.c a JPJ Companies, LLC M�and
Page 5 of 7
Mold Disclaimer
Mold, mildew, fungi, spores, algae, microscopic organisms, hazardous chemicals, biological agents or allergens
(collectively referred to as "Mold") are conditions that are common in residential and commercial properties. Mold, in
some forms, has been alleged to be toxic and may cause serious physical illnesses, including, but not limited to, allergic
or respiratory reactions or other problems, particula�ly in persons with immune system problems, young children or the
elderly. Mold has also been reported to cause extensive damage to personal and real property.
JPJ COMPANIES, L�C D/61A ALTEC ROOFING ("CONTRACTOR") does not inspect for Mold and is not
qualified to determine if Mold is present. Therefore, it is the sole responsibitity of the person or entity ("Customer")
contracting with CONTRACTOR to determine if Mold is present. Customer agrees that should CONTRACTOR
reasonably believe that Mold is present on the jobsite, CONTRACTOR reserves the right, but is not obligated to, stop
work, report said condition to the owner, remove its employees, agents, and subcontractors from the jobsite, and require
the full remediation of the condition by the Customer before proceeding with the work. Customer shall pay
CONTRACTOR for all costs associated with demobilization and remobilization resulting from such conditions.
CONTRACTOR disclaims all liability for all claims, disputes, rights, losses, damages, causes of action or
controversies ("Claims") pertaining to Mold, i�cluding Claims arising out or relating to the detection, removal,
disposal,or remediation of Mold,whether those Claims a�ise in law, equity, contract,warranty, tort,or federal or
state statutory claims, and whether those Claims are based on the acts or omissions of CONTRACTOR or
individuals or entities under CONTRACTOR's control. The Customer is solely liable and responsible for all
damages, whether actual or consequential, caused by Mold and incurred by Customer, CONTRACTOR, or third
parties.
In consideration of 510.00 paid by CONTRACTOR to Customer and already accounted for in the contract
price, Customer agrees to indemnify and save and hold harmless CONTRACTOR from and against all Claims and
damages, whether actual or consequential, including attomey's fees, costs, and expenses, arising out of or
relating to Mold regardless of whether those Claims or damages are based in law,equity,tort,warranty, contract,
or federal or state statutory claims, including Claims alleged to be the result of the negligent acts or omissions of
CONTRACTOR, its officers, directors, agents, or employees or Customer's contractors, subcontractors, sub-
subcontractors, materialmen, or agents of any tier or their respective employees, unless otherwise provided by
statute. The dollar amount of said indemnity obligation shall be limited to a total of ONE MILLION AND N0/100
(51,000,000) DOLLARS for all damages, including costs and attomey's fees per occurrence for any single claim
or suit. The parties further agree that this provision satisfies the requirements of Florida Statute§725.06 so that
the indemnification provisions are valid and binding upo�the Customer.
It is the Customers responsibility to notify CONTRACTOR in writing within forty-eight(48)hours of the occurrence
of any leak in the house, building, or structure or the presence of Mold or intrusion of water, moisture, or condensate in
the house, building, or structure ("EvenY'). Failure of the Customer to provide written notice within 48 hours of the Event
will result in the Customer waiving all Claims that may be brought against CONTRACTOR and CONTRACTOR's agents,
employees, assignees, insurers, predecessors and successors in interest, by operation of law or otherwise, because of or
relating to the Event, including Claims arising in law, equity, contract,warranty,tort,or federal or state statutory claims.
Should you desire an inspection by a Certified Mold Inspector, you should contact an Inspector who has been
authorized to capture mold samples or air samples for laboratory testing. No warranty, representation or recommendation
can be made by any agent, employee or representative of CONTRACTOR conceming any Mold Inspector. The person
signing this disclaimer is strongly urged to independently determine the competency of any Mold Inspector to be used in
connection with the purchase, sale or rental of any commercial or residential occupancy.
This document is part of the Agreement between the Customer and CONTRACTOR and is hereby expressly
incorporated into the Agreement. By signing this form in the space below, it is acknowledged that this document has been
read and understood.
C T MER i a
CS' �
Sign ture Da
��a-� �.���►��(
Printed Name
3134 45`h Street ( West Palm Beach, FL 33407
Main Office: (561) 747-1990 � Vero: (772) 778-1997 ( Fax: (561) 747-1645
Altec Roofing is u JPJ Companies, LLC br-and
Page 6 of 7
STATUTORY WARNINGS FOR CONTRACTS DIRECTLY WITH OWNERS
LIEN LAW
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS
713.001 -- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR
PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID
IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT
AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A
CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR
FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR
MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY
LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY
YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON
YOUR PROPERTY. TH1S MEANS IF A LIEN IS F1LED YOUR PROPERTY
COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR,
MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR
SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT
YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE
ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUiRED TO
PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON
OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER."
FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
CHAPTER 558 NOTICE OF CLAIM
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE
NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND
PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS'
CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT
PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM
SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND
FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY
LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS: (850)487-1395, 1940 N. Monroe t., Talla ss e, FL 32399-2202.
.I/ � U, e '� . `,
l.l
Date: $ Customer(s) Signature �- ��a� � ' �e►.�c.�Q�1�
3134 45`h Street � West Palm Beach, FL 33407
Main Office: (561) 747-1990 � Vero: (772) 778-1997 ( Fax: (561) 747-1645
Altec Roofing is a JPJ Compa�iies, LLC brand
Page 7 of 7
PUBLIC REGC3RDS, In afloor�da�ae wit�r Sec. 919.�7�1, FI�oEida
St�trufes, CO►I�ITRACTOR must keep and maintain this A�reernent
ar�d arry other re�ao�nds associabed thenewvt�h a�d that ane ass�acia�ed
vvi� the perf'oimanoe af the w�rk descx�e�d in the Propasal or
Bid. Upon ret�est from tt� �tl�e's cus�vdiFan of public recar+ds,
CaNTRACTOR mus# pr+avide the V�ge w�th �opies a� r+�q�ed
reoards, or allaw such renor�s t4 be inspect�d ar �o�ied, witfiin a
reasonable#'�me un acbor+danoe with acaess and cost requirern�ts of
Chapter 119, I�vr�al� �'fatut�es. A GQ�dl"RACTO►R who falls tv
p�+avide t� �ub�c �ecards to the Villa�e, cx fa�s to make ihem
arraiiable far inspecd�n � copyir�g. within a re�svnable time mey be
subject �o at#omey's �e�es and cas�s pursuant t� Sec, 1�9.0?�1,
FIbt�1d� SYat�tes� �nd o�ther penai[ies ur�der Sec. 119.1Q. F�a►rid�a
St�h�es. Further� C�NTRACTOR si•rall ensure that a�y �aemp# ar
co�ftdentiai t�e�cords assaci2rted with this A�g�eement or as�ac�adbed
with the perEo�manoe of the w�ork descx�bed in the Rnop�a! or Bid
a� na�# disdc�ed exce�t as authorized by law far the duratian o�the
14gr�emerrt t�erm, and �ollawin� oo�npie�ian a� the A►��erir�er�# i� the
CO�NrRACTCiR does r�ot#ran�e�r tf�e roovr�ds to the�ii Ila�e. Fi�ally,
upa� campte�ion o�f the Adgr�eit�erit, CQNTRAGT�R sh�il tra�'er, at
no c�os! to the �Ilage. a�l publ�c recoro�s in possessian af the
CONT�ACTOR, or keep and m�i�ain public reoords �eqcnied by the
1liqage. If th+� CaNTRACTQR tr�u�sfars all pt�l'ic recc�ds t�o the
v�age upon �ampl�tior� af�e A�ceemen�. th� Ct�NTRACTO� s�ail
destray a�ry duplic��e pu�'ic rec�or+ds �t sr�e exempt +ar confide��ial
and ex�mpt from publoc r�oords d�sdosure r�quir+�ryents, I� 1he
C�NTRACTOI� keep►s and mainta�ns prublic recoFds upon
c�omple�on a� the A�gr�eemer�, �te GC�NTRACT�t s��ll rna�ett all
apPlicable requiremer�fis far retaining public r+�c�o�ras. Records 1h�t
a�s s�red e�ronic.�ify must b� prorrided to the 1/�LLAGE, �on
req�est fro�n the Vilf�ge`s custodia�n of public n�raords, in a farma#tha#
is compatib�with the�Ila�ge's i�fvrrr�on technalagy sys�ams.
tF C�IdTRA�TOR HAS t�JESTi�NS REGARDiNG THE
APPLICAI"ION �� CHAPTER 119, F�.C�RI'DA
STATUTES, T4 Cah1TRACTC�R'S D�UT1C Tt3 PROVIDE
PUBLIC REC�RDS RELATi1�iG TO TH[S AGR�EM�IVT,
PLEASE C�V'TACT THE 11��LAGE CLERK, RE�CORDS
CVSTOQIAH �aR THE VI�LAG�, AT (S�i1y T68-0�85,
OR AT Imcrovilliams _ �� uestao� OR AT 3�5
TEQUEarTA DRIIIF, TEQ�EST/4, FL�RIDI� 334�$.
Village of Tequesta
345 Tequesta Drive 561-768-0700
Tequesta,FL 33469 i�-, www.tequesta.org
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Village Clerk's Office Memorandum
TO: Michael Couzzo,Village Manager
FROM: Lori McWilliams,Village Clerk
DATE: 8/29/18
SUBJECT: CodeRed powered by OnSoWe
The Clerk's Office has seen a decline in customer service and more importantly effectiveness with
our current emergency notification provider, Everbridge Nixle. As such,we reviewed other
software providers with the intent to change companies. Our residents desire and deserve an
emergency notification system that remains current on technological challenges and ttends. We
have selected the industry leader CodeRed by Onsolve at an annual cost of�4,200 a savings of
$1,800 per year.
Benefits•
1. Customer service
2. User-friendly interface
3. Will not have to utilize third party vendors to complete sitnple functions
4. A simple and user-friendly mobile app that I,as the PIO, can use in the field if necessary
5. To record messages using a personal voice, you simply call into a 1-800 number to record
and upload to the software OR use their mobile app launcher and record on your mobile
phone. I will no longer have to use the computerized voice.
6. All methods of delivery are utilized in Code Red and do not require human confirmation.
Nixle requires confirmation or the system will continue to call two more times. We have
received negative feedback from residents who do not want to continue to receive calls
because they do not"confirm" receipt
7. We can target all geogtaphical locations—not just those who have signed up
8. We can narrow and pinpoint multiple specific geographical locations with polygons to target
individual areas,homes and businesses
9. CodeRed updates the residential and business landline database each year;Nixle does not.
10. Offers rwo-way messaging capabilities to use in-house between departments
11. Allows us to set up two public groups: One for Tequesta residents only AND one for
unincorporated water customers (cannot do this with Ni�cle)
12. Offers the Automatic NWS Weather Wamuigs for an additional$700 year, if desired (we are
not opting for this service)
13. Cost: $4,200 versus $6,000 (without the weather service)
Vice-�fayor Vince Arena Mayor�1bby Brennan Council;�fember Tom Patemo
Caurrcii M�mh�r Steve O�un Camicit Vfember Frank D'zlmbra
Village�tanager Vlichael Couzzo
The downside to changing from Ni�e to Code Red is that Nixle will not transfer the infortnarion
residents have personally provided such as cell nuxnber, email, etc. Nixle will handover this
information only if we transfer to Everbridge, as they own that company. With Code Red,we will
need to acquire this information again (and they say that should we change ptoviders in the future �
we own this infortnation and will provide it to us). However,this is not necessarily a bad thing. It is
an opportunity to start fresh with accurate and updated infortnation. Here are some ways we can
proactively gather this information:
• There will be an overlap in service—we will utilize this time to notify residents of the change
via Nixle land line calls, cellular calls, text and email
• Set up a staffed tent and table at National Night Out with laptops on hand to input the
resident information
• Set up a staffed tent and table at Tequesta Fest with laptops on hand to input the resident
information
� Send letter to all residents,businesses and unincorporated watex customers
• Include notice on the water bill
� Smoke Signals /Village Hall signage
• Communicate with HOA's and ask them to market to their homeowners
• Ask Police and Fire to address this during theu community walks
• Hold special"sign up" days on the weekends at Village Hall fot people to drive up - sign up
(while still in their cars) and drive away when done
• As we continue to find ways release the information, we will add it to our public relations
plan
2
Offer Date:August 21,2018
Offeis Ezpires:This oifer ahail automatically be deemad resanded if the Apreame�t is not sipned in full by boM partias on or bsfora August 31,
2018.
0 4NSOlVEM
SERVFCE AGREEMENT
CodeREDbI
This Servioe Agreement(the"Agreement')by and between Prnvider(as defined belvw)and Customer(as defined below)is made as of Seatember
1.2018(the'EffectiVe Da�e").
Providar Informatlon: P�vvid�r N�rie: OI�SOL.VE,LLC
("Provider') Etttlty Type: Lirnit�!LiaWdtY C��Y
Stafs of Inr.orpontion: Dslarrare
Provi�x Address: 780 W.Onnsda Boulovard
Onnond Bsach FL 32174
Cuatomer Information: Custort�er Name: Viqaae of Teouesta
("Customer") Endty Typa: body ooUtic
Sfate of(ncaporation: Floride
Customer Addresc: ��Tecu�ta Drive
Te9treste.FL 33469
Businesc Contact/Title: Mit�aei R.Co�.Jr/Manaaer
Phone: (561)768-04fi0
Ert�l: mcouao�tecwesta.o�
Plaase oanpkto balow NH►e Prhesry Usar k�n►t tiam the Buslnass Contact
Prknary User N�tie: Lori McWidfamslClerk and Admin PIO
Phone: (561)768-0443
Email: ImcwiUi�rr��uesta.orp
Unleas otlroiwiae apeciffed vn a Custamer pwichase wder or be%w,Pravlder w1l/send involces tv Nre Cuslanor Buslr�s Confact
ealad+ass 86ove
Ct�omer Invofce Nams:
Atlention:
Addre�s:
City,Stats,ZiEx
Phone:
Ematl:
Prefamd method of recofvi invoiees: Ernail US MaN
InNial Term(commendrrg on E Date) One(1)Year and thirty(30)Deys
Renewel Tertn(s) One(1)Yeer
If Ure Agresment is renewed►he first Renewa!Term shall oanmence as of Oclo6or 1.2018
S�deREO On-Dernand Natlflcadon Servla-Unlimited
Mnual�bti�ati�on 5ubscription Fee: $4.200.00
Ad�ion�l Fesq�res
Comrnercia�Y Availabie Dafa included
One(1)annual Provideraasisted tradidonai inport for Customer dafs Included
Mnual Cost for all Addklonal Features: Included
Mnusl3ubtotal: s4,200.00
All anroinYs are steted in UnYed Sta6as DoYa�s unfesa !ndlcedad afhe+wiae.
ONSOLVE,LLC Papa 7 d♦
CONFIDENTIAL MID PROPRIETARY
June 2018 Form
• GIS(Terget Recipients by Geographic Locetlon):YL�+�of Tsauasts.Fb�ida end fhoss arses outside oF fhs Vilhwe of Teauesla.Florida
f9t whidi Cu�mar orovldes wdsr saMcas as ot fhe Effective Dah tthe"N�f[flcatlen A.as^�Customer shall be requ6ed to provide a
custom shePe tile or work+Nith Frovider to draw ihe proper mapping boundaries to deflne the N�Iflcati�on Area,and,notwithstand'mg tl�e Effedive
Date�tl�e Provision of the NlotlficaUon Servlces heteinder shel not commence untll this has been canpleted.
• Up to 11 9➢8 Recipiertts.A deviation above 109G in the nunber of Recipie�s shall resuk in irx�eased pricing at Provider's then-curre�t rates.
• Mnual Notificetion 5ubaaiption Fee indudes�AAessape Unfts per year for N�Ificadons sent via phone,5MS text w email.
Arr�c�rrts: E�eR A—GEr�S'��DescR�nor�,E�o-usR B—T�s nno CoNomons,El01fBR G—ACCEPTABLE USE PoLICY
ONSOLVE.LLC CUSTOMER:VILLAGE OF TE�UESTA. FLORIDA
Signed: Signe�
Prirrted Name: Printed Name: f��t(�,V1d,p� l.u(,L,��O
Tide: TiUe:_U.�►u��. ►�Y1Ilu_�!'
Date: Date: 6 '�q'�6
ONSOLVE.LLC Pago 2 0!4
CONFIDENTIAL AND PROPRIETARY
June 2018 Fmm
EXHIBR A
GENERAL SERVICE DESCRIPTION—CODERED�
O�Notion ot On-Deaand Nodfi�atlon S�rv{ca:The Service is an on-dem�d�eiting and re�onse soflware-as-aservice(SaaS)for�e
Notiflcetlon Mea.Use of tl�e Senrk�e is by s�sa�tlon�dves not require(:ustomer to purc�ase,install or mah�tain arry dedicated hardware
or sofl�wPre. The Servioe allours any Initf�r b send e single alert 6o tFwusends oi Ca�acts ssnultaneaisy vla a combination of fam�er
comm�xdc�Bon devices fnduding the abNity to caphra r�F-dme responses.
Custortwr can accecs and activate 1he Service ueing arry oi tha foUowi�methode:
• Web:bg in 24lT/365 at httpsJ/www.onsaNe.comAopiN�o send alerta or to modiy your acc�a�t.
• Phone:call(888)9�0911 for�re aperator assi�noe 24/7/385.
11Vfih�xipUan,Customer receivea:
• Up to fhe n�d Messege t�dls etipulated on Service Order af ri�e Aereement,which can be used as dascribed on the
Servioe Order end in E�d�idt B.
• IJ�tI�r�Med mesaeging via emaB and Eo the CodeRED Mobile Alert App-
• '�Aessage lk�'mearis:
o SbGy(80)seca�de or less of connected call dme in the Servfce.As an example,a call connecled for ninety(90)seconds sF�N be
�������
o SMS rt�essagee that are 140 cfiaracteis in lengfh.SMS messapes over 140 dmracters�length are separatad irrto multiple Messape
lk�ils.
. Trar�acYon Fee(�deNned on Ezhibit B)for uMimited Service(for rehnd piuposes any.where appllcable)�equal 60�0.09.
Trareac�ion Fee for AAessage Unibbesed Service is equal bo the Overage Messege Unit prtcc;e set fath on the Service Order
• lh�k�Med Inidatas(thoce with roi�based abiNty to ecoess and activate the Service).
• UMimiEed yraups within axau�ts:A praup is an alert�Stri6ution Ifst_
• Standerd t�prades.Standard upgrades tttiude aN mstttenence releases.
• Far optional ieaqxes purd�ased(e.g.Conference&idge,BuMetfn Board)up o�the mimber of Message Units adpula6ed on SeMoe OMer
d the Agreemerrt.
• Abse�Y seParete Purchase of Corrrne�r Avalla6le Data kvm Wvvlder.Cuatome�is respa�slble�o provida data for use fn the Service,
and Provi�r shall not be�espon�ble far Cuetaner's�i�r to use ihe 5ervioe tkte to Cus�omer's delay In provding deia.
• CuaDDlner meY P�+'d�8e P�'�es9fonal serviCes("Professtot�al SBrvlCes").such eB i�ations.implententBdonB.eoRware te�ting.cx�tom
mo�tlo�s. d� eervices or Inier�ional traininp aeesions from Provider. Prdeaeional Servicea w�l be descnbed in a sepsrefe
stacemenc a worlc.
Conhet LJst Matnbtino�.Provider provides muldple ways iw Customer to anfer and rtrefrrtaln the C�tad Ust ffi no ad�donel charge:
. c«�rnuNt,,Notlr+can«, Enrormer�t c'CNF) Pege cpi,nac self r+egistretianr.c«,�s may stgn up on �r,a cr1E Page er►a enra�nc
infortnatlon w�l ba transierred to Custamer.Customer eidowwledges�d agrees tliat Provlder rney riodiy such Indlvkivals thet d�data
w�ba transmft0ed Do Cusewr�er,and fhat tl�a/rensrtAesion d such deta bo Cusbomer mey render k pubNc reoord and�s�jed to Custarnaf's
P�Y P�Custort�er egrees tl�et R wM be solMyr responside for provldfng such prlvaoY P�tes to tl�ese in�vidu�s and that Provider
shMl not be reeponslble for the I�dfvldual ooMrlbution of oontar.t In(ormadon througF►Ute CNE page.
• ConteCt Group EnrdMnerN Pege(Nt6ernal Se1F-reg�retlon):Cusbn'ier's intemel Contacts mey slgn up on the CoMact Group Enrollrr�d
Page and eiuoNment irrForrr�etion wNl be 1rar�afen»d to Cuetomer.
• ProvidBr agrees that It wlll.W�qn termkfetlon o(the Agreement end Custarner's request.Provlded aU Fees are pald In fu1,trensmit�
Pr+uvfder's standerd tortnet eny C.ortnr�r NoUficetlon Enrollmart dale received on or after the Enective�le and aA Contact Group
E.rx�o8ment data,one(1)thne,to Cusianer�no charge.
. T�donal Irnpo�t For Ifs�poptdadon of the Contact tlst,Cu�may s�r Provlder wifh a spreadsheet(Bet-tie fom�at)of Contact
Ilst d�,CusEomer St�oR wIM saub(exartdne)the subrtdsslon as a courtesy for dlsc�Me deta excep�ns,w ennrs In fonnaWr�p ar
c4ntent that mieht iMerfene with the PmPer IoedinD d deta a'use d the Servioe. f'rovider 9enerelY Wdates date P�ided via traci4anal
lmpoR wMhin hvo(2)b�s deya s16e�receipt oF such deta. Cusfomer mey utiGze thia traditionel flat-file import no more than one(1)
time per year at no adc�tlonal oost.unless othervvise set tarth on�e Servic�Order.
• On-Demend Entry:Custamer mayr en6er or edlt Contact date direcGy witldn the Service throu�tbe User interface.
Custos�er Su000rk ProvWe�provides Custaner wRh 24R/385 Ihre phone support et no extra change.Customer may dlal(H88)838-0811,or the
locai support rnxnber ptovided to you by Provider.At Providers reaeor►able discreflon,non-urgent aite�hours and ofl hars('AHOH')inquuies
may be deferned uM�conventla�al busir�ess hours 6o facfli�e best tmndlkig.
TraiNno.All trainMg ia cx�stamized and induidual to tlie Customer.ProNder Vairing inckided wNh subscriptio�at no a�Qra cherge:
• q�e(1)annual Initlabr training session;
• Urimited pre-recorded.wetrbesed rernote tralnir�g.s
. New feattxes trein&�g sesslons:end
• Best practiCe8 fe�ure beiNng eeseior�s(whenever eppdCebie).
Provider Customer Support works with Custamer to schedule training flezlbly and to accortxriodate Customer's sche�le. All tr�ning is conduded
via Web meeNnglco�erer�e t�N.
ON60WE,LLC Pqs i d4
C�NiIOENTIAL AND PROPRIETARV
Jtn�2018 fpm
Custiomer may r�edditlonai sessia�s,or onsite treining in Neu of Web-based trair�ng.Such traning is bf�able at a base 51,500 t�y rate
(minHr�um i�M dey tee appYes). For arry onsite trefning, Customer is respons�ble for atl of Provfders r�sonabde and pre-approved
travetAod��nc3derdal e�er�ses.
E��oort Dowm�nt�flon.Service docurn�fatlon appears onlMe. In addkio�Co od�online he�documentatlon,Cuatomer maY douMoad/P�nt
tttie curwrt verslon d the Provider User Guide at any time.
Daserfotlon o(Addllonl Feituros.C�mey purc�eee(if set torth ort the Servioes Order):
• Canmert9elhr AvaYehb Data.Provlder ahall include aomrnerGaly available data(tl�e`Commerci�Data')for use by Customer fn the
Servioe.Provider wl9 pe�kOrm Camrt�cial Data�3 to 4 WneB per year.Comrtiercaal Data is subje�to ticensa�g requ�emeMs tl�at
do rat pem�it Provider to tranafer ownaship to Custaner.
• Fareia�Meaaaoe Trandatlon.AA NoUfkatlons must be ir�put in Englieh.Or�ce spedfled,lenguages rnay not be chgnged,absent executbn
d an updated Sc#�edule 1.ONLY those Users that have qp�ed-in to the Service wlo recelve the�selected FMT.Translatlon Is supplled by
a m�ro�end�s ns-�s.
• code�o wea�ne�wam�rc��-i� �taa Noc�ger,�rated trom s�ere we�n�un�a�d ny a,.
Nadonal weaa,er servioe("Nws•>.cRvvw NouBcadms are aenc by matching the geopraphic loc�lor�s�o�aa wm�users againsc the
9��PaY9�(s)as�ated with aeve�a MreaRher b�d�letlns issued by MNS.CRW W Nodficetforu are auEort�tically launched 24 haus
a dey in r�sporree ta the isauar�ca oF NWS eevere weether bulledns.ONLY ttnse Uaers thad heve opted-In to CRW W wAI recefre CRW W
WotlRcaN4r�s.Consent for opt-in is requwed es set foNh fn�e Agreement CRWW NoUficafior�s are rrot deducted from Message Unifs.
• Infeo�ated PubrC Alert W�ina Svetem PIPAWS"I Submiseinn AoD("IPAWS Aoo"1.Permda Cus�r�e►to aubrt�it Notifice8or�e�o IPAWS.
IPAWS Nolificetiais mey be reviewed by the Fedsrel Erner¢ncy MeneqemaM/lpency("FEMA')to detern�ne ePpropriate diseeminetion.
hMliahxa wdh aooess b the IPAWS App ahe�be auUior¢ed by FEMA to use IPAWS.In adar to use tha IPAWS App,Cus�mer agreea b
provide Provider��ing beel pradices end secure meare�wYh a copy of Ns IPAWS�9ilsl signehiro("81gne�re')alon9 wkh its associ�ad
keYsEo►'a.Sipnahue Pass codes�appUcatbn for IPAWS,and any ottier�ation reasonebly re4�ested bY Provider.Cusbmer euthodzes
Provider fo use and keep euch infortnadon o�Provider's servers for the pupose of allorwr�g Cuslomer and Provider to access�uae and
test IPAWS fhrc�h thB IPAWS App.Custort�er ec�mo�Mgdgeg and egreeg thaC(a)the dis9emir�eti0n of N�ons fhrou�IPAWS is
not guaraMeed nor oontroMed by P�cvider,and is ihe sde resporreibiGty of FEIMA�(b)Provider shall not ba respor�ible or Ifahle f[x the
f�7ure d Aidific�ions to be dlsseminated Uxaigh IPAWS;and(c)IPAWS may inc�e addibor�sl feapues whid►ere not supported ttx�ough
the �AW3 App(eg. the re�eipt of inessages) and provlder shall not be requited to p�ovide suc�l additlor�el feeWres. IPAWS App
Mdifi�iorro are not dedtx3ed fran�Ae�sage Ur�.
• BuMetfi Board. Bulletln Boerd albws Cu�aner to recard messapes by dad'ng�interac6ve vWce respanse system. Custamer may
pramote Hs aaaigned nurnber,and caMers mey call to isEen to the prorocorded meeaages.&�Ibtio Boerd wiN caphKe tt�caler's spoken
�andlor keypr�ess Infartr�edon and provide a�eport in the Servk:e.Upon temdnatlon or expkadon of the Agreement.Provide�wip
rglsin�y nuribers provided•Mesaage Un�ss for Bu1eUn Board vr�be deducxed in sixty(60j seco�d incremems.Ali ir�coming calis whether
mede fd'ihe purpoee of r�eoadnp ar lis�errng to Pb6ficatiore�wdl resuk In Cell t�ne deduction.
• Conierence CalNna.Conference knes are aval�6le on a ftrat come�f�st eerve basis.Conterence lines ae supplied by a third party and
ere AS-!S.Me�ge UNts far C�erenoe Calik�wlll be deduCted in sbtdy(60)�d'mcrertierrts.Each Nne invi�sd'm�o the cell wifl re.sWt
in c;all tane deductlon.
• GtS Cuebom Mao.GIS infortnation rt�ust ba fn a standard fart�et recogr�izeWe end elecxroNcally transfera6le fi tl�e Service.A full GIS map
must be provkled by Cusbmer for hostlng by Providei'In a'der�be used in tl�e Service.
ON90LVE,LLC Papa�d4
COt�lOENTiAI AND PROPPoETARY
.Aer 2018 Fam
Exhibit B
TERMS AND CONDITIONS
1. DEFlNITIONS.
1.1. 'Affiliate"means any entiry which direcUy or indirecdy controls, is contrdled by, or is under common contrd with, a party to this
Agreement,where"control°means the control,through ownership or contract,of more than 50%of all the voting power of the shares entided
to vote for the election of the entity's directors or members of the entity's goveming body;provided that such entity shall be considered an
Affiliate only for the time during which such conVol exists.Customer's A�liates do not have authority to make changes to Customer's account
1.2. 'API'means the applicetion progrem interface for fhe Service.
1.3. 'API Contacts'means an individual person whose information is stored in an external third party applicatian database(not in the
Service database)capable of only receiving and responding to Nodfications.API Contacts are not permitted to bg in to the Service.All API
Contacts are included in Customer's totel number of Contacts as set forth on the Service Order,whether or not they are transmitted to the
Service.
1.4. 'Aoolicable Lavw means any domestic and/or fore(gn statute,ordinance,judiclal decision,executive order,or regulation having the
force and effect of law,induding US-EU Privecy Shield(where applicable).
1.5. 'Contact"means an individual person capable of only receiving and responding to Notificadons and,ff permitted,updating its own
profile.Contact includes API Contacts.
1.6, 'Content"means content,data,text,messages and other material contained in a Notification.
1.7. 'Data Processing Addendum"means Providers date processing addendum(if applicable)that is executed by the Parties under this
Agreement
1.8. 'Documentation"means any oftfcial,appliqble documentatlon that Provider provides to Customer(electronic or written)regarding
the Service.
1.9. 'EU or Swiss Personal Data"means Standard Personal Information of any European Economic Area(EEA)resident as defined
under Directive 95/46/EC,and any successor thereto,or of any Swiss resident as the Swiss Federal Data Protection Act of 1992,and any
successor thereto.
1.10. "�gg�"means any fees due hereunder,induding without IimitaGon ali Transaction Fees and Subscription Fees.
1.11. `Initiator s" means an individual person or applicadon capable of creatlng and issuing Not�cations through the Service. Only
Customer and its Representative may act as Initiators.
1.12. "NotificaUon(s)'means messages issued by an Initiator through the Service,whether or not responded to by Contact.
1.13. "Reoresentatives'means Cuatomer's employees and consultants and Customer's Affiliates and their employees.
1.14. `Sensitive Data"means any person�ly identifiable information relating to health/genetic or biometric information;religious beliefs or
affiliations;political opinions or political party membership;labor or trade union membership;sexual preferences,practices or marital status;
national,racial or ethnic origin;philosophipl or moral beliefs;chminal record,investigations or proceedings or administrative proceedings;
financial,banking or credit data;date of birth;sodal security number or olher national id number,drivers'license information;or any other
"sensitive data`category specifically identified under any Applicable Laws.
1.15. " e 'ce"means Provider's software-as-a-service,Intemet-accessed no'6fication service to set up and send Notifications,including
but not limited the software,hardware,and infrestructure collectively used by the Provider,which may include third-party components.
1.16. "�nrice Orde�'means the senrice order commenang on the first page of the Agreement,which describes the Service provided
hereunder.
1.17. "Standard Personal Information° means name, business contact details (work telephone number, cell phone number, e-mail
address and office address and locatio�), personal contact details(home telephone number, cell phone number,other telephone,e-mail
address and physical addressj,geolocation,and employee ID or other non-identifying ID number.
1.18. 'Subscriotion Fee"means the fees for access to and use of the Senrice,induding but not limited to any activation fees.
1.19. "Transactlon Fee"means the fees for individual transactions of sending and/or receiving Notifications to and from devices.
1.20. "User"is the collective term far Initiator(sj and Contact(s).
2. SCOPE OF THE SERVICE.
2.1. Serv(ce. SubJect to lhe terms and conditions of this Agreement, inGud�g the Exhibits hereto, which are incorporated into this
Agreement by reference,Provider shall provide Custnmer with access to the Service in accordance with Provider's Documentation.Customer
may not,and may not allow or assist any other entity to,sublicense,assign,transfer,distribute,rent or sell use or access to the Service,or
remove,alter or obscure any product identificatlon,copyright or other notices.Only Customer's and its Afflliates'empbyees and consultants
may act as Initiators and all use of the Service by Customer's Affiliates and its and their employees and consukants are subject to the
restrictions set forth in this Agreement.
2.2. Ownership end Service Components.All rights not axpressly grented to Customer herein are expressly reserved by Provider.The
Service is and shall remain the exclusive properly of Provider and its licensors. Customer represents and waRants it has the right and
authority to provide Provider with the Content for use in connection with the Service and Provider agrees that Content shall be owned by
Customer. Provider and its third-perty providers shall have a royahy-free,woddwide,transferable,sublicenseable, irrevocable, perpetual
license to use the Content to perform the Service or to use any suggestions,enhancement requests,recommendations or other feedback
provided by Customer, including Users,to incorporate Into the Service.Provider may gather Servlce data for the purpose of opUmlz(ng the
Service.This information includes,but is not limited to,data regarding memory usage,connection speed and effiaency. Users are subject
to Provider's terms of service and privacy policy available on Provider's website,www.onsolve.com/privacy-statement.Customer shall not,
and shall not allow or assist any other entity to,create derivative works,modify,decompile,disassemble,or othervrise reverse engineer or
attempt to discover any source code or undedying ideas of any component of the Service,except to the extent(but only to such extent)that
Applicable Law prohibits such restrictions.
ONSq.VE,LLC Pege 1 d 7 Custo ab_ _
CONFIDENTIAL AND PROPRIETARY
June 2018 Fam
2.3. Contact Limit During this Agreement and for a period of one(1)year thereafter,Provider shatl have the right(at its own expense,
upon reasonable notice,and no more frequently than once per calendar year unless prior breach has been uncovered)to inspect the number
oF Customer's Contacts.In the event the reviewdetermines that Customer has exceeded its number of Corrtacts,Customer shall pay Provider
for the additional Contacts and the costs of such review within ten(10)days.
3. PAYMENT AND TAXES
3.1, Paymenk Customer shall pay the Fees as set forth on the S�rice Order to this Agreement without setoff or deductions,net thirty
(30)days from the invoice date.Payment shall be in advance,excluding any Fees billed in arrears.Unpaid balances will be subject to interest
at one and a half percent(1.5%)per month or the highest rate pennitted by Applicable Law,whichever is greater,comm�cing on the date
that payment was due.
3.2. Taxes. Unless otherwise itemizsd, all payments hereunder are exclusive oi all taxes, and Customer agrees to pay any taxes
(induding any VAT or sales tax),whether foreign,federal,state,local or municipal that may be imposed upon or with respect to the Service
exdusive of taxes on Provider's net income.My such taxes may not be deducted from the Fees owed to Provider hereunder.
3.3. Message Surcharges. Under no circumstances shall Provider be Ilable to Customsr,to any Contact or to any other person for any
charges or fees that arise from Customer's or an individual person's sending or receipt of a Not�cation using the Service,including,without
limitation,as a resuR of increases in pass-through charges by telecommunications providers.
4. TERM AND TERMINATION
4.1. Term. Unless earlier terminated in accordance with the tartns af this Agreement,the Inibal Term of this Agreement shall begin on
the EffecGve Date and continue for the period set forth on the Service Order of thls Agreement Upon completion of the Inidal Term,this
Agreement shall automatically renew for successive renewal terms(each e"Ranewel Term")as set forth on the Service Order,unless either
party provides at least thirty(30)days'written notice that the Agreement will expire at the end of the Irtitial Term or then-current Renewal
Term.Renewal Terms shall be on the same terms as herein.
4.2 Tertninatlon. If either party defaults in any of its material obligations under this Agreement and such default has not been remedied
or cured within thirty(30)days after written notice of such default,or if either party makes an assignment for the benefit of creditors,files a
voluntary petitition in bankruptcy,is adjudicated bankrupt or insolvent,is subject to appoinUnent of a receiver or is a party in any proc�eding
in any jurisdlctlon to which it is subject that has an effect similar or equivalent to any of the events mentloned,the non-defauldng party may
immediately terminate this Agraement in addition to its other rights and remedies.
4.3. Termination for Convenience.Customer may terminate this Agreement for its convenience by providing Provider with not less than
thirty(30)days advance written notice,provided however,Customer shall pay all unpaid Fees that would become due under the then-cunent
term and no Fees paid hereunder shall be refunded.
4.4. 3uspension. Provider may suspend the Service:(a)effective Immedfately upon notice tf Customer breaches any provision under
Section 5.(Customer Obligations);or(b)if payment for any portion of the Fees is not received by Provider within frfteen(15)days after receipt
of written notice that payment is past due.Such suspension shall not modify or lengthen the term of this Agreement,nor shall any rights or
obligations hereunder be waived during the suspension period.
4.5. Effects of Termination.Upon termination or expiration of this Agreement (i)Provider will upon written request of Customer,erase
Customer data from the productlon servers controlled by Provider,except that: (a)any data stored on Provider's backup servers shall be
deleted as soon as technically feasible,and in any event within ninety(90)days from deletion from production,and Provider agrees that it
(1)shall discontinue processing such data;and(2)shaM maintain the confidentiality of such data in accordance with this Agreement;and(b)
Provider may retain report data(eg.date/time of Notification and number of Notiflcatlons sent)necessary to support Its billing and accounting
records; (ii) Customer will immediately pay to Provider aY amounts due and payable prior to the date of termination; (iii) Customer shall `
immediately cease all use of fhe Senrice and retum or desVoy all copies, exb-acts, derivatives and reflec6ons of the Service, and upon
Provider's request,provide written notice that Customer has fully complied with this clause,and(iv)remedies for breach,righfs to accxued
payments and Sections 1 (Definitions),2.2(Ownership and Service Components),2.3(Contact Limit),3.(Payment and Taxes),4A(Effects
of Termination),5(Customer ObUgations),6(CoMidenUality end Security),8(Indemnification and Responsibility),9(Limita6on of Liabiliry),
and 10(General)wiJ)sunrive.Upon tertnination of this Agreement for Customer's breach:(a)Customer will immediately pay to Provider all
unpaid Fees that would become due under the then�urcent term if such termination did not occur,and (b)Pravider shall retain any Fees
paid to date.Upon termination of this Agreement for Provider's breach,Provider will refund an amount equal to the prorated amount of Fees
paid for the remainder of the then current term,less any expenses for transactlons completed pria to the date of terminadon,which shall be
calculated based upon the Transaction Fees.
5. CUSTOMER OBLIGATIONS
5.1. Customer obligatlons. This Section indudes pass-through terms from certain telephony, facsimile, GIS and/or Short Message
Service (SMS) vendors and as such, Provider may modify these terms upon thirty (30) days written notice to Customer if reasonably
necessitated due to changes by the thlyd party providers.Failure to comply with these terms could result in the termination of certain critical
services irom Provider's vendors which would impact all of Provider's customers
5.2. Acceptable Use Policy.Customer represents and warrants that it shall only use the Service in accordance with all Applicable Laws
and shall comply with the Acceptable Use Policy attached hereto.
5.3, Data Security. Customer acknowledges and agrees that Provider does not require or'pull"any speciflc data from Custorner;that
Customer controls which data and Content is input through the Senrice and which data is sent and to whom such data is sent; and that
Provlder only speciflcally tracks the privacy regulations of the United States, Canada,and the European Economic Area, SwitzeHand and
Japan with 2spect to the Stendard Personal Infwmation and shall have no obligations with respect to privacy regulations in oth o ies
ONSOLVE,LLC Pape 2 d 7 Gu� llak�tr
CONFIDENTIAL AND PROPRIETARY
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or for other types of data.Accordingly:(i)Custamer shall not under any circumstances,transmit or store any Sensitive Data to or through the
Senrice;and(ii)Customer shall not transmit or store any EU or Swiss Personal Data to or through the Service unless:(a)Customer is certified
under the US-EU Privacy Shield Framework and complies with the Privacy Shield's principles in connection with the protection and handling
of its Standard Personal Information or Customer hereby represents to Provider that its protection and handling of Standard Personal
Information is in compliance with the principles outlined in the US-EU Privacy Shield Framework,consisting of:Notice;Choice,Accountability
for OnweM Transfer, Security; Data Integriry and Purpose Limitation; Access; Recourse; Enforcement and Liability; or(b)Customer has
executed the Data Processing Addendum,and in such case Customer shaU fully comply with the Data Processing Addendum.Provider is
ceRified under the US-EU Privacy Shield Framework and complies with the EU-US Privacy Shield principtes in fts handling and processing
of Standard Personal Information.
6. CONFIDENTIALITY AND SECURITY.
6.1. Confidential I�ormation. During the course of this Agreement, each party may have access to oonfidential, proprietary or trade
secret irrformation disclosed by the other party, including, without limitation, ideas, trade secrets, procedures, methods, systems, and
concepts, whether disclosed orally or in writing or stored within the Service, or by any other media ("Confidential InformaGon'). Any
information related to the Senrice,including but not limited to Documentation,security information,and API information,shall be deemed to
be Confldentlal Information of Provider, and any Content shall be deemed to be Confidential Information of Customer. Each party(the
"Receivina PartW')acknowledges that the Confidential Information of the other party(the'Disdosina Partv")contains valua6le trade secreGs
and other proprietary informabon of the Disclosing Party and that any such Confidential Information will remain the sole and exclusive property
of the Disdosing Party. Each party wilf use Confidential Informatlon only for the purpose of pertorming under this Agreement, restrict
disclosure of Confidential Infortnation solely to its employees and contractors with a need to know,not disdose such Confidential Information
to any other entlties unless required to pertorm the terms of this Agreement,and otherwise protect the Confidential Infomiation with no less
restrictive measures than it uses to protect its own confidential end proprietary information. Information will not be daemed"Confidential
Information"if such information:(a)is generally available to the public(other than through breach of this Agreement);(b)is received from a
third party lawfully empowered to disGose such informatlon without being subject to an obiigation of oonfidenUality;or(c)was rightfully in the
Receiving Pa�ty's possession free of any obligation of confidence at the time it was communicated to the Receiving Party. Notwithstanding
the above,the Receiving Party will not he in vidation of the confidentiality restrictions herein with regard to a disdosure that was in response
to a valid order by a court or other governmental body,provided that the Receiving Party provides the Disclosing Party with prompt written
notice prior to such disclosure where reasonably possible in order to permit the Disclosing Party to seek confidential treatment of such
information.A Receiving Party shall promptly notfffy the Disclosing Party if the Receiving Party becomes aware of any misuse or unauthorized
disdosure of ConfidenGal Information.
6.2. Security. Provider has put in place commercially reasonable information security procedures designed to protect and prevent
unauthorized access to Content and Contact data. Provider will only process Content in accorclance with the terms and conditions of this
Agreement and Customers instructions. Providers security procedures include but are not limited to physical security, network security,
hosted/data security and web security.Provider may modify its security procedures from time to Ume in accordance with changes to industry
standards,but only in a menner that reteins or increases the stringency of Providers security obligations.
T. REPRESENTATIONS AND DISCLAIMER
7.1. Mutual Representations. Each party represents and warcants that(i)it has the full corporate right,power and authority to enter into
this Agreement,to grant the rights granted hereunder and to fully perform its obNgations under this Agreement; (ii)the execution of this
Agreement by such party,and the performance by such party of its obligaUons hereunder,does not and will not violate or conflict with any
agreement to which such party is a party or by which it is otherwise bound;and(iii)when executed and delivered by such pariy,this Agreement
will constitute the legal,valid and binding obligation of such party,enforceable against such party in accordance with its terms.
7.2. Additional Provider Represantations. Provider represents and warrants that:(i)the Service will contorm in all material respects to
Provider's Doc�nentation; and (ii)all customer support, training and other services to be performed hereunder shall be performed in a
professional and workmanlike manner consistent with industry standards.
7.3. Disclaimer.Provider makes no representation,warranty or guaranty,that the Service will work with,or be supported by,all protocols,
networks,operating systems or environments;will be error-free;or that all Notifications will be delivered.Customer acknowledges and agrees
that the Service is provided on a best efforts basis and is not designed, intended, authorized or warranted to be suitable for hosting life-
support or EMT-based applications or other critical applications where the failure or potential failure of the Service can cause injury,harm,
death,or other grave problems,including,without limitadon,delays in getting medical care or other emergency services,and that any use of
the Service to support such applicaGons is fully at Customer's risk and Customer acknowledges that Provider will not have any liability for
issues related to such use.EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT,THE SERVICE IS PROVIDED ON
AN "AS IS`AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. PROVIDER EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES,WHETHER EXPRESS, IMPLIED, OR STATUTORY OR OTHERWISE, REGARDING THE SERVICE, INCLUDING, BUT
NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABtLITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. INDEMNIFICATION AND RESPONSIBILITY
8.1. Provider General Indemnification. Provider will defend, indemnify, and hold harmless Customer and its employees ("Customer
Indemnitees")from and against any and all third party actions, losses, awards,liabilities,daims, expenses, damages, setdements,fees,
penalties and costs of every kind and description,including reasonabfe legal fees and government regulatory fines(collectively,"Losses"),
arising from:(i)any gross negligence or willful misconduct by Provider;or(ii)any breach of Section 6 by Provider.
8.2. Provider IP Indemnification. Provider will defend, indemnify, and hold harmless the Customer Indemnitees from and against all
Losses arising out of a claim that the Service directly infringes a copyright or patent issued as of the Effective Date, or other intellectual
property right of a third party.The foregoing obligation of indemniflcatlon does not apply where:(a)Customer's use of the Service is j in
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compliance with the terrns of this Agreement;(b)Customer has modified the Senrice�r any part thereof without Provider's express,written
authorization;(c)Customer has combined the Service with software,hardware,system,data,or other materials not supplied or authorized
by Provider where the infingement or misappropnation relates to such combination,unless Provider expressly authorized such combination
or the combination was provided for in the Documentation;(d)the Loss is as a result of Content or Contact data; or(e)Customer continues
use of the Senrice after being provided modifications that would have avoided the alleged infringement. In the event Provider believes that
the Service is,or is likely to be,the subject of an infringement daim,Provider may,at its option,(1)procute for Customer the right to continue
using the Service under this Agreement, (2)replace or modify the Service so that it becomes non-infringing but substantially equivalent in
functlonality and performance,or(3)if neither dause(1)or(2)are feasible in spite of Provider's reasonable effor[s,tertninate this Agreement
and refund a prorated portion of the Subscription Fees based on the days left in the Initial Term or then-current Renewal Term, less any
expenses for usage accrued prior to the date of termination. The foregoing obligations are Provider's only obligations and liability in
connection with infringement by the Service.
8.3. Customer Indemnification. Customer agrees to indemnify, defend and hold harmless Provider and its Affiliates, licensors and
suppliers from and against aR Losses arising out of:(i)Customers breach of Sections 5 and 6;(ii)use of Content by Provider in connecGon
with its performance of the Service; (iii) third party claims that Custome►'s Content infringes on any intellectual property rights; or (iv)
Customer's gross negUgence or willful misconduct.Notwithstanding anything in this Agreement to the contrary,Customer's indemnification
of Provider is in all respecrts limited to the amounts set forth at Sec.768.28,Florida Statutes,including per person Gmits,per incident limits,
prohibitions regard'mg pre-judgment interest and punitive damages,and limits regarding attomey's fees. Nothing coMained in this Agreement
shall be conswed as a waiver of Customer's sovereign immunfty beyond the waiver limits set forth In Sec.768.28,Florida Statutes. Nothing
contained in this Agreement shall be construed as Customer's consent to 6e sued.
8.4. Indemniflcation Procedures. Each party seeking indemnificetion hereunder shall provide the other parry with: (i) prompt written
notice of any daim for which indemnificatan is sought;(ii)complete corrtrol of the defense and settlement of such daim;and(ii)reasonable
assistance and cooperatlon in such defense at the indemnifying party's ezpense. In any proceeding the indemn�ed party shall have the
right to retain,at its expense,its own counsel. Notwithst�ding the foregoing,the indemnirying party may not ente�Into a settlement of a
daim that invdves a remedy other than the payment of money by the indemnified party(which amounts must be subject to indemnificaUon
by the Indemnlfying party)without the indemnified party's written consent.
9. UMRATION OF LIABILfTY
9.1. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT WITH RESPECT TO
OBLIGATIONS UNDER SECTION 8{INDEMNIFICATION AND RESPONSIBILITY), OR FOR ANY BREACH OF SECTION 5(CUSTOMER
OBLIGATIONS)OR SECTION 6{CONFIDENTIALITY AND SECURIT'Y):(a) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE
OTHER PARTY OR ANY OTHER PERSON FOR ANY LOSS OF DATA, REVENUES, PROFITS OR OTHER ECONOMIC ADVANTAGE,
OR ANY INCIDENTAL, IPIDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES OF ANY
KIND OR NATURE, (HOWEVER ARISING, INCLUDING NEGLIGENCE)ARISING OUT OF,OR IN ANY WAY CONNECTED WITH,THE
SERVICE,EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; AND(b)IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF EITHER PARTY, ITS AFFILIATES AND ITS AND THEIR
DIRECTORS,OFFICERS,EMPLOYEES AND AGENTS EXCEED THE FEES ACTUALLY PAID UNDER THIS AGREEMENT DURING THE
TWELVE(12)MONTHS OF SERVICE PRIOR TO THE DATE ON W HICH SUCH CLAIM AROSE.TO THE MfWMUM EXTENT PERMITTED
BY APPLICABLE LAW, EXCEPT WITH RESPECT TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL
PROVIDER'S TOTAL CUMULATfVE LIABILITY FOR ANY BREACH OF SECTION 6 (CONFIDEPITIALITY AND SECURITY) EXCEED
THREE TIMES (3X) THE FEES ACTUALLY PAID BY CUSTOIuIER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE FIRST NOTICE IS PROVIDED BY CUSTOMER REFERENCING THE RELEVANT
CLAIM HEREUNDER. Customer understands and agrees that the limitatlon of Gability in this Agreement for Provider is reasonable and that
Provider would not enter intn this Agreement without such limitations.
10. PUBUC RECORD3.
In accordance with Sec.119.0701,Florida Statutes,Provider(for purposes of this section 10,"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 oi 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, Flo�ida Statutes. A CONTRACTOR who tails to provide the pub(ic records to the Vilage,or fails to make them avaiNable for
inspeclion or copying,within a reasonable time may be subject to attorney's fees and costs pursuant to Sec.119.0701,Fbrida Statutes,and
other penalties under Sec.119.1 D,Florida Statutes. Further,CONTRACTOR shall ensure that any exempt or confidentlal records associated
with this Agreement or associated with the perfortnance of the wo�lc described in the Proposal or Bid ere not disclosed except as authorized
by law for the duration of the Agreement tertn,and following completion of the Agreement if the CONTRACTOR does not transfer the re�rds
to the Vllage. Flnally, upon completion of the Agreement, CONTRACTOR shall hansfer, at no cost to the Village,all public records in
possession of the CONTRACTOR,or keep and mairrtain public records required by the�Ilage. 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
confideMial and exempt from pubNc records disdosure requfrements. If the COIVTRACTOR 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 vllage's information technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC
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June 201 B Form
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.
11. INSPECTOR GENERAL Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General has jurisdictlon
to investigate municipal matters, review and audit municipal contracts and other transactions,and make reports and recommendations to
municipal goveming bodies based on such audits,reviews or investigations. All parties doing business with the Customer shall fully c�operate
with the inspector general in the exercise of the inspector general's functions,authority and power. The inspector general has the power to
take swom statements,require the producGon of records and to audit,monitor,investigate and inspect the activities of the Customer,as well
as contractors and lobbyists of the Customer in order to detect,deter,prevent and eradicate iraud,waste,mismanagement,misconduct and
abuses.
12. GENERAL
12.1. Force Majeure. Except for payment obligations,nelther party shall be responsible for delays or failures of performance resulting
from acis beyond the reasonable contrd of such party,induding,but not Ilmited to acts of God,acts of war,riots,acts of terror and other acts
or omissions of third parties such as interruptions,delays,or malfunctions of service by third-party service providers.
12.2. Dispute Resdution. Each party to this Agreement agrees that any dispute arising underthis Agreement shall be submitted to non-
binding mediadon and that any agreement which is executed by both parties during such mediation may be enforced in any court of competent
Jurisdiction. Notwithstanding anything herein, either parry may seek injunctive relief and the enforcement of judgments in any court of
competent jurisdiction,no matter where located.If either perty engages ariomeys to enforce any rights out of or relating to this Agreement,
the prevailing party in any action to enforce or interpret this Agreement shall he entitled to recover any and all costs and expenses oi any
neture induding,without limitation,attomeys'and experts'fees,whether in arbitration,a court of first jurisdiction and any courts of appeal.
12.3. Publiciry. Forthe duration of this Agreement,Provider may use Customers name and logo on the Providerweb site and in Provider's
collatexal marketing materials idendrying Customer as a purchaser of the Service.If Provider's expected use of Customer's name and/or logo
includes more than basic identlftcation oi Customer,Provider shall provide Customer with a copy of such content for approval,such apprrnral
not to be unreasonably withheld.
12.4. Survival of Terms. The rights and obligations of either party that by their nature would continue beyond the termination or expiration
of this Agreement shall survive termination or expiration of this Agreement. For example, the provisions of this Agreement regarding
indemnification andlor limitation of liability shall survive termination of tliis Agreement as to any cause of action arising under the Agreement.
12.5. Independent Contractor. Provider's relalionship wilh Cuslomer shall be that of an independent conVactor, and nothing in thls
Agreement shall be construed to create a partnership,joint venture, principal-agent,or employer-employee relationship. Neither party will
have or represent that it has the right,power or authoriry to bind,contract or commit the other party or to create any obligatlon on behalf of
the ather party.
12.6. Severability. If any tertn or provision of this Agreement or the appUcation thereof is to any extent held Invalid or unenforceable,the
remainder of this Agreement shall not be affeded thereby,and each term and provision hereof shall be valld and enforced to the fullest extent
of tha law.
12.7. Entire Agreement. This Agreement constitutes the enbre agreement and understanding between Customer and Provider and
supersedes all prior and contemporaneous verbel and written negodations, agreements and understandings, if any, between the parties.
This Agreement cannot be modified except by a writing signed by an authorized representative of each party.The terms of this Agreement
shall take precedence over any conflictlng tertns in purchase or procuremer�t documentation,such as a purchase order,acknowledgement
form,or other similar documentation.The failu�e of either party to enforce any provision of this Agreement,unless waived in writing by such
party,will not constitute a waiver of thai party's right to enforce that provision or any other provision of this Agreement.
12.8. Notice.All nobc�s and consents required or permitted under this Agreement must be in writing;must be personally delivered or sent
by registered or ce►tified mail(postage prepaid),by ovemight courier or other nationally recognized carrier,or by facsimile(receipt confirmed),
in each case to Providers address on the Senrice Order,Attn:Legal,and to Customer's Business Contact on the Service Order,and will be
effective upon receipt.Eech perty may change its address for receipt of noUces by giving notice of the new address to the other party.
12.9. Counterparts.This Agreement may be executed in facsimile and in counterparts.
12.10. Export Campliance. The Service and other Provider technology, and derivatives thereof may be subject to export laws and
regulations of the United States and otfier jurisdictans. Customer represents that it is not named on eny U.S.govemment denied-party list.
Customer wiA not permit any User to access or use the Service in a U.S:embargoed country(currenUy Cuba, Iran,North Korea,Sudan or
Syria)or in vlolation of any U.S.export law or regulation,and will not permit any U.S-sanctioned persons or entities to act as Users.
12.11. U.S. Government End Users. As defined in FAR section 2.101, DFAR sec8on 252.227-7014(a)(1) and DFAR section 252.227-
7014(a)(5)or otherwise,all soRware and accompanying documentaGon provided in connectlon with this Agreement are"commercial items,"
'commercial computer software,°and or"commercial computer soflware documentation." Consistent with DFAR section 227.7202 and FAR
section 12.212, any use, modification, reproduction, release, pertormance, display, disclosure or distribution thereof by or for the U.S.
Govemment shall be govemed solely by the terms of this Agreement. Customer will ensure that each copy used or possessed by or for the
government is labeled to reflect the foregoing.
ONSOLVE,LLC Page 5 d 7 Cwt als �
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June 2018 Form
12.12. Assignments.Neither party may assign this Agreement without the prior written consent of the other party,except to an Affiliate or
an entity that acquires all or substantially all of its business or assets,whether through merger,reorganiration or otherwise. Any assignment
in violation of the foregang shall be void and of no effect.
PROVIDER:ONSOLVE.LLC CUSTOMER:VILLAGE OF A FLO
Signed: Signed:
Printed Name: Printed Name. •
Titie: Title:
Date: Date:
Executed for Exhibits B and C
ONSOLVE,LLC Paga t o(7 C nldab
CANFDENTIAL AND PROPRIETARV
June 2078 Fam
EXHIBIT C
ACCEPTABLE USE POLICY
1. General Temis.
1.1 Ail Content is Customer's sole responsibiliry. Customer is sdely responsible for the integrity and quatity of the Caitent.
Customer shall be responsi6le for, and under no circumstances will Provider or its Affiliates or any of their licensors or suppliers be
responslble,for any bss,damage or Gability arising out of any Content,including any mistakes contained in the Content or the use or subject
matter of the Content. Further,Customer is respons�le for.(i)any Notlfications that are sent through its accounts(other than if pused by
the Service itself or breaches by Provider);(ii)all Fees accruing from the use of the Service through its account,whether by its Affiliates and
its and thelr employees and consultants,;and(iii)ad actions of its Affitiates,and its and their emptoyees consultants,as if such actions had
been conducted by Customer.
1.2 Customer shall be responsible for procuring any necessary consents or having othe�legal basis to con�ct Contacts with
respect to the provfsion of any dafa transrnitted Mrough the Service.
1.3 Customer shall use any data it uploads into the Service in accordance with any and all resVidions appNcable to such data
and all Applicable Laws.
1.4 Customer wip use and pertntt its Users to use the Service in accordance with this Agreement and all Applicable Laws,
induding without limitation the Telephone Consumer Protection Act, Fair Debt Collections Practices Act, Federal Communications
Commission("FCC")or Federal Trade Commission("FTC')rules or regulations and any and�I other Applicable Laws related to pre-recorded
telephone andlor text messages and the use of automated dialing equlpment.
1.5 Customer will include,at the beginning of each Notification,its oifiaal business or govemment name.Customer will include,
at the end of each Notifiption,a telephone number for Customer.
1.6 Customer will not send any Notificatfons to mobile devices owned by a Contact unless Customer has obtained such Co�tacYs
"opt-in"consent to receive, or Customer has other legal basis to send such Contact, pre-recorded,telephone and text Notifications using
automated dialing equipment.
1.7 Customer must provide Contacts with e simpte mechanism for opting out or unsubscribing from receiving Notifications,
including information on how to"opt-out"or unsubscribe.
1.8 Custamer witl not send Natificatlons to phone numbers that are emergency numbers andlor other numbers that may not be
called using automated dialing equipment under Applicable Law.
1.9 Per Provider's fair use policy,Customer's total Notifications to an individual Contact will not exceed an average of one(1)
Notificati�per day(via any contact method),absent an emergency or a specific use case for the Contact.Should Customer exceed this fair
use, the parties will meet to discuss the reasons, review best practices and determine if an adjustment to Customer's Service plan is
necessary.Due to vendor requirements for ensuring Not'rficaUons sent by the Service are not blacklisted,Customer shafl adhere to this fair
use policy.
1.10 Customer will not send any Content that it knows,or has reason to know:(i)infinges another's rights in intellectual property;
(ii)invades any privacy laws(ncluding without Ilmitation another's right to privacy and/or any privacy policies of Cu�tomer or any third-party;
and/or(ai)justifies a complaint to the FCC and/or FTC.
1.11 Customer will not, and will not permit its Users or any third parties to: (i)engage or facilitate any unethical, decep6ve or
misleading practices in connecGon with the use of the Service; (ii) use the Service in connection with any telemarketing, solicitations,
donaations, sales, spamming or any urisdicited messages (commercial or otherwise); and/or(iii)provide Content to be transmitted in the
Service which: (a) is defamatory, libelous, obscene, pomographic, or is otherwise harmful; (b)promotes violence, discximination, illegal
activities,gambling,alcaholic beverages,guns or tobacco;and/w(c)contains or othervvise Unks to vlruses,worms,cancelbots or any other
hamiful code or computer programs designed to disrupt the functionality of any computer software or hardware or telecommunicetions
equipment.
1.12 Customer may send SMS Texts in text format ony.
1.13 Customer acknowledges and agrees that Notifications may not be delivered to the phone if not in range of a transmission
site,or'rf sufficient network capacity is not availa�e at a particulartime.Even within a coverage area,factors beyond the conVol of the carrier
may interfere with message delivery, including the Customers equipment, terrain, proximity to buildings, foliage, and weather. Customer
aclmowledges that urgent Notificadons may not be timely received and that the carrier does not guararrtee that messages will be deUvered.
1.14 Customer adcnowledges that Provider may block Notifications (eg. based on instructions from Contacts, c�riers,
aggregators,govemment agencies,etc.).
1.15 Customer agrees to maintain all security regarding 'rts (and its Users') account ID, password, and connectivity with the
Service. If Customer's account ID or password are stoien, or otherwise compromised Customer is obligated to immediatety change the
password and inform Provider of the canpromise.
ONSOLVE.LLC Paga 7 017 Custom
CONFIDENTIAL ANO PROPRIETARY
June 2018 Fam
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Stotutes,
CONTRACTOR must keep and maintain this Agreernent 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 Vflage with copies of requested records, or albw such records to be
inspeded or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Stotutes. A CONTRACTOR
who fails to provide the public records to the Village,or faiis to make them
available for inspection or copying, within a reasonable time may be
subject to attorne�s fees and costs pursuant to Sec. 119.0701, Florida
Statutes,and other penalties under Sec.119.10,Florida Stotutes. Further,
CONTRACTOR shall ensure that any exempt o� 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 �Ilage. Finally, upon completion of the Agreement,
CONTRACTOR shall transfer, at no cost to the Vllage,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 shal)
' 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 �etaining
public records. Records that are stored electronica�ly must be provided to
the VILLAGE, upon request from the�Ilage's custodian of public records,
i� 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 PUBUC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT Imcwilliams�teauesta.or�, OR AT 345
TEQUESTA DRIVE,TEQUESTA, FLORIDA 33469.
V'illage Of Tequesta
P�S &R�c�io�
Dare: 8/27/18
To: Mike Couzzo, Village Manager
Cc: Debra A. Telfrin, F.�cecutive Assistant
From: Greg Corbitt, Director of Parks & Recreation
RE: Molly's Trolleys Agreement for Tequesta Fest
Please place the following signed agreement on the October 2018 Council
Meeting Constant Agenda.
The following Contract from Molly's Trolleys is trolley transportation for
2018 Annual Tequesta Fest. The amount is $2,100 and budgeted in FY18/19
Budget.
Toode Lou Trolle}•s, 1nc. __ HOURLY RATE AGREEMENT
D/B/A Molly's Trolleys � Date Requested: Saturday, November 24, 2018 �
800 T�venn•Third Sneec � Hours Requested• 10:30am to 6:30pm �
��'est Palm Beach, FT. 334�07 I ------------------------- I
Ph: (�G1) 838-951 l "Hours Requested"includesgarage roga�ag�e time.
Fat: (�G 1) 838-9�12 �
. . .. . . . . . . .. . .. .. . .. . . . .. . .. . . . .Today's Date: .G/1_/2018
Client Information Client Number. CE-18333 Cell: ��G'ork: (�G I) 7G8-0476
. . . ... . . . .. . . . . . . .. . .. . . . . . . . • - - - -- . .. . -- - . . . . .. . . . . .
Village of Tequesta ____Ada�;rionallvores _____
Vi�'end�•Schmidt rEach Trolley seats 30,is enclosed&A/C! i
� � *I 0"�o Repeat Client Discount! �
399 Seabrook Road � Even though no deposit due-Cancel policy as �
Tequesta 33469 � listed below-stitl in full effect. �
L------------------�
. . . . .. . . . . . . .. . .. . . . . . .. . .. . .. . . . .. . .. . . . .. . . . . . . . . . .. . . . .. . . . . . . ... . . . . . .. . . . .
Service Description: Erent Shutding-2 Trollecs *3018 ShuttJing Rates
. . . . . . . ... . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . .'. . . .. . . . . . . . . . . . . . _ . . . . . . . . . . .. . . . . . ..
�cheduled Itinerarv: *Tentative Timin�-�Mave up or back: Hourly Rate: S 131.25
10:i11-1 lam- 2 Trolleys tra��el from l`G'PB Lot to Tequesta
11 am-2 Trolle�-s arrire C Stage Location - Check In #of Hours: 8
11-11:30am- Drivers to run route&put up si�ns Cost per Trolley: �1,[15QOQ
11:3Qam-�:3Upm-2 Trolleys Shuttle as directed #of Trolleys: 2
**Driver FI"I-Tequesta Fest runs 12-5pm
5:41)-6pm- Finish up& pick up signs Subtotal� 5?,100.00
G-G:30pm -2 Trolley-s retum to�!L'PB iAc .�dd Etpense: �O.Ot)
Hrs-10:3Qam-6:30pm=8 hrs=S1,054-10°/�=5945/Trolle�•
�945 x 2 Trolle�-s=�1,890-��111 Inclusi�•e!No Deposit Due Less Discount: S210.�0
. . . . . . . . . . . . . .. . . .. . ..
��'e�vill bill rou for FL.TLL r1�`IOUNT after che event.
The Fine Print Estimated Total Due: $1,890.00
. .. ... .. . . . ... . ... . ... • - • -. . . . . . . .. . .. . .. .. . .. . . . ._ . . . . . . .. . •• • • • • -• . . . . . ._. . . .
Deoosit Requesced: Please remit due to resen�e��our e�•ent.
Caneellarion PoHev: ln[hr rcent contracted sen-ice is not reyu�red thr cusrnmer is resExmsihle For a 3?511 cancellaoon
fer(per tre�llec)pev�•idcd written nuticc is gi�-cn 3U business da�•s beforc E�•enc Date. !f<than 3U business daes'w-rfcten
nutice is give�,customer is responsible tnr Half of h:sdmated Total Due(per trolle�-). If< chan 1�4 busiaess da�•s'a•ricten
nudce customer msponsible Eor 3/3rds uf Est Tocal Due jper trolle�•).If<than i da��s'a•ritten nodce,pa�-menc due in full.
Additional Chaeees P�licv: Customer acl:nowledges thac mntracc is based up�m i contracted ome frame. O�the da�of�he
c��ent,if�•our accual sen•ice e�Lends bet•und rhe scheduled iunerar��and che appropriace Jfull�'s'I"rolle�•s represzneirive has been
cnntacted,�he cus�umer��•ill he respc�nsiblr for;�ddirional char�es t��accrur be�rininning one t�uur:itter the urigina]dme.�need
up�m.If customer daes ncx contact nur represrntaticc ro adjust rh�rerum rime,the customer ic responsihle f�r additinnal
char�;es begininning immediatelc xfrer che contracced recurn ume. ,\dditional charges are determined on I J_'hour inerements.
Promise to Consumer: �tulh's Trolle�•s maintains c�ur��ehicles un a strict schedule in accordance���ith manufacturer's
.pccificauons,and�rc c�pcct thcm ro operatc smno�hh for c��cn c�-cnc Ho�cc�•cr,should contracted sen�ice be
�nrerrup�ed due co an untoreseen mechanic:il f;ulure,an r\cr of Gud,nr am���ther renson,�(c,llv's Trolle�•s�4ill pro�•ide a
similar vehicle or bus t<�complete the scheduled itinerar�•.
I accept the above items. Toode I.ou Trolle�•s, Inc.
Village of Tequesta D/B/A Molly's Trolleys
X
B��: (1�lerle.r►� e1d, B�� Chrisdna Rosario, D/B/A n7oll��s Trolle�rs
Q SS i s Tt�nT V i 1 la.q�e,, �a�a�e.�-'
�--a4�E� �
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreernent 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 p�ovide
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 reasanable time may be
subject to attorne�s fees and costs pursuant to Sec. 119.0701, Florida
Stotutes,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
reco�ds to the Village. Finally, upon completion of the Agreement,
CONTRACTOR shal)t�'ansfer, at no cost to the Vllage,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 confidentia!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 VIILAGE, upon request from the Village's custodian of public records,
in a foRnat that is compatible with the Village's information technology
systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRAROR'S DUTY TO PROVIDE PUBLJC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561� 768-0685, OR AT Imcwilliams@teauesta.orA, OR AT 345
TEQUESTA DRIVE,TEQUESTA, FLORIDA 33469.
Village of Tequesta
Water Treatment Plant Memo
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 q wv�rw.tequesta.org
'-�
To: Michael Couzzo, Village Manager
From: Nate Litteral, Water Plant Superintendent
Date: 9/7/18
Subj: Brine Water Outfall Stabilization
This agenda item references the embankment restoration project located under the North
End of the US1 Jupiter Bridge. Erosion has occurred over the last few years and exposed
the Outfall Line. Murry Logan Construction, Inc. has proposed to stabilize the Outfall line
with riprap and restore the area surrounding the pipe to the original grade of the bank.
The total cost of the bank repair is $6200.00 and will be paid out of 401-242-546.342 Water
System Maintenance fund.
Nate Litteral
Water Plant Superintendent
Water Production
MURRAY LOGAN CONSTRUCTION,INC.
Geaersl Contractors
313 65`"Trail North
West Palm Beach,FL 33413
Telephone 561-686-3948
Fax 561-686-7465
CGC 041939
QUOTATION
DATE:8-11-2018
TO: Village of Tequesta
Attn: Mr.Nate Litteral
NAME OF PROJECT:
Raw Water Main Ouifall Stabilization
LOCATION:
US I Bridge over Jupiter Inlet
PLANS AND SPECIFICATIONS:
Per Site Visit
WE PROPOSE TO FURNISH ALL LABO[t,MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING:
1. Stabilize Raw Water Main Outfall per site visit as fotlows:
A. Mobilize.
B. Grade Fill.
C. Supply/install Sand Cement Riprap Bags(t Pallet)around exposed pipe.
D. Fill Area to match existing.
E. Demobilize.
FOR THE LUMP SUM OF$6,200.00
NOTES:
l. Since work is considered maintenance of existing utility,price exc(udes engineering,pe�mitting and permit fees.
2. Price is based on working from Lighthouse parking lot. Village to secure pertniss�on for access from lot_
BUYERS'SIGNED ACCEPTANCE CONSTIMES A 61NDING CONTRACT. IN 77iE EVENT THERE IS ANY DEFAULT IN PAYMENTS DUE UNDER
TN1S CONTRACT AND THE SAME IS PLACED Qd THE HANDS OF AN A7'fORNEY FOR COLLECTION,'fHE PURCHASER AND/OR PURCHASERS
HEREBY AGREE TO PAY ALL COST OF COLLEC'f10N INCLUDWG,BUT NOT LIMITED TO.A REASONABLE ATTORNEY'S FEE. TERMS NET 30
DAYS.
ACCEPTED: MURRAY LOGAN CONSTRUCTION,INC.
'���_ p La L �T'n Ecnc�cw� vav�,a.co4� �rE.sic�e.r�t
-T--�
DATE �/ �3 TITLE: David Loean.President
—T
PUBLI� R�G�DRDS. Ir� a000r+dance with Sec. 119.�7t�1, Fku�Pda
St�t�u�es, Ct�►NTRACTO�R must keep and maintain thEs A�reement
ar'd arry other recaor�ds associab�d tt� ar�d t�tat ar� assoc�a�ed
w�h the pe�om�ar�c�e vf the w�rk descx�ed in the Propa�sal Qr
B�d. Upon n�quest from th� V''dl�ge's cus�ad�n af public recar�ds,
CUNTRACTO�R must pr�uide the V�►ge w�th copies c�f �q�ed
r�oords, or allapw such re�oo�s to be �nsp�cted c�r oo�ied, w�in a
reasQnable t�me �n �oord�nae with acoess and cost req�ir+�rn�nts of
Cha�t� 11�, �fvr�al� S�atutes. A C4�TFZAGT�►R who faiis to
p�vide tl� pub�ic rec�ords to the VillageE or fa�s tcM rt�ake them
avai�able for inspec�an ar copy�ing. within a reasc�able time rney be
subje� �o ar�arney's f�es and � pursuant to Sec. ��i 9.0?�1,
Fbr�da Srats��es� and ather pens�+es under S�ec. 11£�.'t0. Florida
St�hde�. Ftxther� CONTRACTO� shall ensure that any ewemp# or
c.orrfiderKiai records ass�o�+iated with #his A�reemen# or assoc�a�bed
with the perEor�mance of the w�nrlc �escr�ed in the Pno�a! ar Bid
are nat dis�dosec� excep�t as authonzed by law�fior the dura�tian o�the
Ag�eement �enr�� and follawin� oaMmp�tian ca� #he A�ree�nent i� the
CONTRAGT�R does r�ot tran�ekr tt�e r000rds ta the W►ill�e. Futially,
upon t�mp�ion orf the Agr�errierrt, C�NTRACTQR sl�all tra�er, a#
na c�ast ta th� �Ilage, a!I publi� revon�s in poss+essian of the
CONTFtACTOR, or keep sr�d mai�in public rerxirds �'eyui�ed by t�te
1f�lage. If the CaN'f'RACT�R transfars all pub�ic rec�rds �o th�
vMage upon c�ampl�t�on c�f�e A�reement. the CO�IT�4CT0� s�hall
destroy s�ny dupiica�e pt�'ic rec�or+ds �hat are euempt ar conf�de���l
ar�d ex�mpt fFvm pub��c rec�ords d�sdosurre re�qu�nerrts. I� 1he
CONTRACTOR k�eps and mainta�ns putbl� reco�ds �on
c�ampi�on of the Apreemerr�, ttre G�NTi�CTOR sh�ll rneet ali
. apPlicable nequifemert�s for retaining publi� r+�cao�s. Recorr3s ihsr#
ar+e s�ared e�c�ronically must be provided to the 1/��LAGE. u�on
reqc�est frorn the Vit�s's cus�od�arn af pubiic��vor�ls� a�a forma#tha#
is cornp�ibie with the�Ila�ge's i�nfvnnat�an t�c�nology sys�ems.
�F Gt3NTRACT�R HAS QtlEST��NS REGARDii�IG TH�
APPI.ICA3'ION �F CHAPTER 1'19, F�OR�DA
STi4TUT�S, TU CaNTRACTOR'S D�JTY Tt�! PR�V�DE
PUBLIC RECQRDS RELATiNG TO T'H[S AG�REEMENT,
PLEA�SE C�ITACT THE II��LA�E CLERK, �co�as
CUSTOD►IAaI ���t "'�'HE VILLAG�, AT (56�1� 7G8-0�85,
�R AT I�ncwilli�ms�eou�s,ta�, �R AT �►45
'I'�QUESTA► DRIVE, TEQVEST/4, FLC�RIDA 334�9.
.
Comprehensive Analysis
To: Michael Couzzo, Village Manager
From: Debra Telfrin,Executive Assistant
Date: 9/26/2018
Subject: FEC ROW II LLC and Village of Tequesta
Real Estate I.ease Renewal(File#281-1-2b)
I respectfully present the following memorandum to the Village Manager.
Real Estate Lease(File#281-1-2b)between the Village of Tequesta and FEC ROW II LLC
(formerly known as FDC' Flager Station II,LLC)will renew for an additional 12-month period
effective July 11,2018. The rental rate for the term will increase by 5�therefore the annual
rental rate for the renewal term will be$11,729.55, plus all sales or use taxes levied by the
governmental body for the use or occupancy of the lease premises.
Thank you.
�FEc FEC ROW LLC
FEC ROW LLC
7411 FulleAon Street,Suite 301�Jacksonvale,FL 32256
www.Fec rvry.com/re al-estate-servlces
September 19,2018
Michael R.Couzzo Jr.
Village of Tequesta
345 Tequesta Drive
Tequesta,FL 33469
Re: Real Estate Lease(File#281-1-2b)dated 7/11/2006 by and between FEC ROW,LLC formerly known as FD6
Flagler Station II, LLC,as Lessor("Lessor")and Village of Tequesta,as Lessee("Lessee")
Dear Mr.Couzzo:
We are writing to inform you that the terms of the referenced Lease provide you the option to renew the Lease for
an additional 12-month period(the"Renewal Term"),provided you notify the Lessor prior to the end of the
current term. To expedite your exercise of this option,we have provided below a place for you to acknowledge
exercising this option by returning a signed copy of this letter.
If you choose to exercise your option,your Lease will be renewed effective July 11,2018 and extend through July
10,2019. Also,in accordance with Section 2,the rental rate for the term immediately preceding the Renewal
Term will be increased by 5%;therefore your new annual rental rate for the Renewal Term will be$11,729.55,plus
all sales or use taxes levied by any governmental body for the use or occupancy of the leased Premises. All other
terms and conditions of the Lease shall continue to be in effect during the Renewal Term. In anticipation of your
renewal,you will be receiving an invoice for the Renewal Term.
If you do not intend to exercise your option to renew this Lease,please do not return a copy of this letter and
instead please refer to the provisions of Paragraphs 13 and 14 of your Lease which advise you of your obligations
and requirements for termination.
Please return a copy of this letter signed and dated below,acknowledging and exercising your option to renew the
Lease,to my attention at the address written above.
If you have any questions,please contact me at 904-538-6259 or Erich.Smith@fecrwv.com.
S'
Fr�cTi�mit�—___--�
Real Estate Manager
ACKNOWL ED AND ACCEPTED:
This of / 2018�d/ �
By: �Print e and Title
PUBLIC RECORDS. In acco�dance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records assoclated therewith and that are associated with the
perfornnance of the work described in the P�oposal or Bid. Upon request
from the Village's custodian of public�ecords,CONTRACTOR must provide
the�Ilage with copies of requested records, or allow such reco�ds to be
inspected or copied, witfiin 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,ar fails to make them
available for inspection or copying, within a reasonable time may be
subject to attorne�s fees and costs pursuant to Sec. 119.0701� Florida
Stotutes,and other penalties under Sec. 119.10,Florida Starutes. Further,
COtVTRACTOR shal) ensure that any exempt or confidential �ecords
associated with this Agreement or associated with the performance of the
work described in the Proposal or Bid are not disdosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR dces not transfer the
reco�ds to the Vllage. FinaNy, upon completion of the Agreement,
CONTRACTOR shal)tra�sfer, at no cost to the vllage,all public records in
possession of the CONTRACTOR, or keep and maintain public reco�ds
required by the vllage. If the CONTRACTOR transfers all public records to
the Yllage upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confiderrtial and
exempt from public reco�ds disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shai) meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE,upon request from the�Ilage's custodian of public records,
in a fom�at 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 PUBUC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODWN FOR THE VILLAGE, AT
(561) 768-0685, OR AT ImcwiNiams�teauesta.ora. OR AT 345
TEQUESTA DRIVE,TEQUESTA,FLORIDA 33469.
V l�i Vl 1���,�.
P�rks&Rec�tian Dep�rlment
Dabe: 9/28/18
To: Mike Couzzo, Village Manager
C� Debra A. Telfrin, Fxecutive Assistant
From: Greg Corbitt, Director of Parks& Recreation
RE: Pride Enterprises
Please place the following customer application on the October 2018 Council
Meeting Constant Agenda.
The following customer application from Pride Enterprises is for ordering
picnic tables for Constitution Park.
Customer Application
• P R I D E Please complete,sign,and submit[his form
• � �� to:cus[omerservice��pride-enterprisesAr9
� 11 t Or fax to(H13) 324-5758
CUStORIfI'aMC�CO�ItaCt�I1f01'ItlaLlOfl(Completeallfieldsbelow)
Company Name: VillaDe of Tequesta Accounts Payabie's Name:
BillingAddress: •3����yjuE•.•tc; �;- Telephone: 561.768.0473 Facsimile:
l
city: 1e�;,��5�.�, state: F� Z�P� 33'1�05 Email Address: gcorbiltL�Tequesta.org
Shipping Address: 399 SCabCook Rd. Primary Purchaser's Name: Greg CoCbitt
City� Tequesta state: FL zip: 33469 Email address: gcorbitt�Tequesta.or_
CUStOfllei'T�/pe(Select the type that best describes your company/agency)
Fcr-Profit • Local/City Government S[ate Government DC Employee
No[-for-Profit County Government Federal Government PRIDE Employee
Type of eusiness: Parks& Recreation
Business Identifieation��rexemPt.provideuswithacopyofyourcompany's5tafe5a/esTaxCertificatewiththisappliwtiontoavoiddelays)
FEID No.: �—�j��(j�l scace 5a125 T�:t ID No.: ���— �015'G33C��qC -7
Purchasing Details 1�'over �1�,��� ��S•
Are purchase orders required? � Yes o No Is th�s for resal�7 .r•:e�. o.o��de�� is c,r,r:�r,:�i Yes � No
bVill payments be made with Visa or tvlasterCard7t Yes o No If for resale,will you be sellinc outside of Florida? Yzs No
References$
TradeReference: � � �(�k ContactName: "L�r�� U�f�IlCill��ephone: �p�-,,���j,3-a1�3
Address: ��;� S- US (��,Uy � City: (�Q (,��'S`�Q� State: �� Zip:
Accouni No.: Terms: L� Average Monthly Purchases:
TradeReference: ���V(�11�� �1,.����`I����l ContactName: Telephone: Q��G'�-a�—�j��p
C � '"J
Addres=_: p��'C..'� rQ.�t �ZC[ZL;� S-4-r' IC��j`� c�cy: �Ui"�`1Q�ti--� state:NL z�P a77�3
Account No.: Terms: Average Monthly Purchases:
Trade Reference: ��s-� �}�y'�N(��L_(�.. Contact Name: Telephone:
Address: Y�• t�C K I �-3 3� � c�cv: i�C���C�S State: 1 �C z�p: ��3��
Account No.: Terms: Average Monthly Purchases:
Bank P.eference: ����\t S �Q��d(,lJu�� Concact Name: Telephone:
� ,-�I
Address: �(j S S'Gl�'1C� ��;4'1� ����` City: �r�1�1 'e�G� State:1��� Zip: G��� C��
Aceount Number�ae������>:
My signature below authonzes the ahove bank to release[o PRIDE Enterprises the�nformation necessary[o evalua[e our applica[ion for credit purposes.
Payment is due 30 days from invoice da[e.The und signed agr s that in he event of a dispute or collection efforts,the prevailing party shall be entitled to
a[torney fees and costs.In addition,the undersi d consen to venue d jurisdic[ion to be vested with the courts located in Hillsborough County,Florida.
LJc: - �� ' ��'
�-- i, l ) �} `_
AuthorizedSignature:%� r' Name/Title:� I�/?uC- (f��(� Date: _ �
� �l� Il�i � (��n��u �� r�
t For credi[card orders,please conta Corpo te /R (813)324- 35/8739. �
:Requests for credit limits over 52.000 require e(3) rade and one(1 ank reference. � ��
Internal Use Only Credi�:\mounl Rcqucsird:
Rtyuc��ed 13y: :\ppru�ctl B�: --
I �flPACT T !—� ROUGH INDUSTRY
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 attorney's fees and costs
pursuant to Sec. 119.0701, Florida Stat�tes, 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.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions, and make reports and recommendations to municipal governing bodies
based on such audits, reviews, or investigations. All parties doing business with the Village shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
���1��Q�F�z""_"�
�S�L R�'�C1�10�1�7�11�1t .
Dabe: 9/28/18
To: Nlike Couzzo, Village Vlanager
C� Debra A. Telfrin, Executive Assistant
From: Greg Corbitt, Director of Parks & Recreation
RE: Thermal Seal Roof Systems
Please place the following proposal on the October 2018 Council Meeting
Constant Agenda.
The following proposal from Thermal Seal Roof Systems is to repair
Recreation Center Roof in the amount of$3,543.95.
� 1 I
ROOF S1'STE`�15. LLC
Date: August 8,2018
Project Name: Constitution Parl:/Gazebo
399 Seabrook Rd
Tequesta, FL 33469
Attention:lanet McCorkle
�tie are pleased to present the follotiving proposal for your review.
PROPOSED ROOF AREA '
Scope of Work:
• Tear off existing dimensional shingle roof system do�vn to existing
plywood decking.
• Re-nail existing decking per Fiorida Building Code.
• Install an ASTM 30# mechanically fastened to the ply�vood deck.
• Replace rotten plywood (3) sheets in base bid, addiational sheets at
$b5.00 per sheet.
• Install Dimensional shingles over the 30# felt using ring shank nails.
• Install new 24-gauge metals including drip edge.
� Licenses, Insurance, Engineering, Hoisting, Permits, labor and
materials included.
• �0 year shingle Manufacturer's Limited Warranty.
• 3 year Workmanship Warranty.
Escluded for proposal
• All paintin„carpentry and masonry work.
• Lead at drains not included
• All wood related work. (unless stated above)
• All electrical, HVAC,and plumbin�work(roof drains)
• All landscaping, concrete and pavers. (Unless stated)
• All lightning protection.
• All cellular equipment removal and replacement.
• Payment and Performance bond, sidewalk bonds, municipal deposits and police escorts.
1421 Oglethorpe West Palm Beach,Florida 33405
(p)561-223-2096 (�561-444-2272
License#CCC1325862
Solutions Driven and Customer Focused
• Any waterproofing or stucco work above the counter flashing of the paraQet wall unless
stated above.
• Any additional engineering or testing (aside from the standard required engineering)
which may be required by the local building department will be an additional charge to
our proposal/contract
• Any additional mechanical,plumbing, electrical penetrations or flashina not indicated an
existing roof plan will be an additional charge to our proposal/contract
Pricin� Break Down
• 1 Supervisor- 8 hours(a�$60/hour $480.00
• 2 Mechanics- 8 hours Qa $50/hour S800.00
• 2 Laborers- 8 hours Q$35/hour $560.00
• Permit $ 69.00
• Materials- $L,421.70+15% $1,634.95
investment
We propose to fumish all material, labor,supervision and equipment to coraplete
the above-menNoned scope of work, in accordaace with all specifications for the
Price$3,543.95
PAYMENT TERMS
Payments are to be made as follows:30%Deposit,Balance Upon Completion
Once again,thank you for the opportunity to present this proposal for your review. If you should
have any questioas or if there is anything else that I can do for you please call me at the number
listed.Note:This proposal may be withdrawn by us if not accepted within thirty(30)days.
Sincerely yours,
Kasha Leoniuk
T'herma Seal Roof Systems,LLC
1421 Oglethorpe
West Palm Beach,Florida 33405
1-561-40I-6485�
1-561-223-2096(o)
1-561-444-2272(�
Kleoniuk@thernnasealroofs.com
1421 Ogiethorpe West Palm Beach,Florida 33405
(p)561-223-2096 (fl 561-444-2272
Ucense#CCC1325862
Solutions Driven and Customer Focused
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted.The
signer authorizes Therma Seal Roof Systems, LLC to do the work as specified. Payment�vill be
made as outlin abov .
Date: � 7'� Si
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner
according to standard roofing practices. Contractor retains the initial right to remedy any
consequential dama?es at the sole discretion of the contractor and shall not be held liable for any
damages occurring previous to the following performance of contracted�vork.Any alteration or
deviation from the specifications involving extra costs�vill be executed only�vith written orders,
and will become an e�:tra charge over and above the estimate.All signed agreements are
contingent upon strikes,accidents or delays beyond our control. Owner to cairy fire,tomado,
flood and other necessary insurances as require by law.Time is of the essence conceming this
valuable contract. This project may be stopped if progress payments are not made on time. If it
becomes necessary for the contractor to expend legal fees to collect monies o�ved, these legal
fees will be the responsibility of the property owner. The si�ner can be personally liable for 2%
interest per month after 10 days.All warranties to be issued upon completion of contract and all
monies paid in full.
1421 Oglethorpe West Palm Beach,Florida 33A05
(p}561-223-2096 (�561-444-2272
LicFnse�CCC1325662
Solutions Driven and Customer Focused
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 f�om the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested reco�ds,ar 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 �Ilage, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorne�s fees and costs
pursuant to Sec. 119.0701, Florida Statures, and other penalties under Sec. 119.10, Florida
Statufes. Further,CONTRACTOR shall ensure that any exempt or confidential reco�ds 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 transfe�, at no cost to
the �Ilage, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Vllage. 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 �ecords 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.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspedor General
Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal gove�ning bodies
based on such audits,reviews,or investigations.All parties doing business with the�Ilage shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority,and power.The inspector general has the power to take sworn statements,require
the production of records,and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect,deter,prevent,and
eradicate fraud,waste,mismanagement, misconduct,and abuses.
Village of Tequesta
3�5 Tequesta Drive 561-768-0700
Tequesta, FL 33469 «�v�v.tequesta.org
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'I'I:OC-I�:S'l':A P��131.I(: AC'ORI�� 1�1?P:Alt'1'�ll�:A�'I' \II:�IC)I�_�NllI��I
�1��: �Iichacl R. (:�,uz�<�, �"illa�� �Iana�cr
I�rc�in: I�cni�las \I. (:h:iinbcrs, l�ircctc�r Public �\'c�rl:s
tiubjcct: _A13C C<>ncrctr Curtin� 1'r��P�isal
llate: ticPtember?ti, ?I1 f S
ABC Concrete Cutting Inc. was utilized to cut the marble floor in Village Hall Administration
Haliway.
The Access door was relocated which exposed the threshoid between the marble tile and carpet.
This required cutting the marble tile straight to align with the carpeting.
Funding 001-210-Public Works Operating Expenditures
Total Cost $871.38
The Contractor required a signature on the proposal.
Douglas M.Chambers
Director Public Works
�lillage of Tequesta
\-ice-\Iace�r I�rank I)'\nthra \la�.��r.\I�I�c l�rrnnan C��uncil\fembcr lom Patcrno
(:��uncil \Icmbcr�tc��c Okun (:uuncil \IcmEicr��ince :Arrna
\ill:i�r \I:in:i�cr \Iich:icl(:uuzz�,
��
QU� 1 E FT LAUDERDALE......... 954-523-4848
�_- i-,:-�-, -,—� —,_ ^�� �
���,�j , ' �`� ���' MIAMI ......................... 305-947-0881
-'� -� �_�--� r � �� PALM BEACH ............. 561-7376765
'�� ���� � � + �� �i1.; 1 �:, � � �. .�
` '�� ' FT PIERCE 772-465-4539
..................
2251 HAMMONDVILLE RD, POMPANO BEACH, FL 33069 www.abcconcretecutting.com
THE VILLAGE OF TEQUESTA QUOTED DATE:09/19/2018 NO:057724
345 TEQUESTA DRIVE SALES REP: Ed Pacheco
TEQUETA, FL 33469 ATTENTION: DOUG CHAMBERS
Phone:561-575-6233 Fax:561-575-6245 MOBILE: 561-945-1389
PROJECT:345 TEQUESTA DRIVE OFFICE:
345 Tequesta Drive EMAIL: dchambers@tequesta.org
Tequesta, FL 33469
QTY DESCRIPTION UNIT PRICE
1.00 ELECTRIC WET GRINDING 705.00 705.00
ELECTRIC HILTI QUICK CUT,HEPA VAC,RT ANGLE GRINDER WITH BLADE
ABC TO SAW CUT FOR ABC REMOVAL
(1)5 1!2'X 1"X 1"TILE TRIM AND REti10VE OFF SITE
ALL PROTECTION OF WORK AREA AND SURROUNDING AREA IS BY OTHERS
WORK AREA MUST BE WIDE OPEN FREE OF OBSTRUCTIONS
CUSTOMER TO LAYOUT WORK/CUT LINE
ABC WILL VAC DUST/SLURRY ALL SCRUBBING AND OR MOPPING IS BY OTHERS
1.00 ELECTRIC WET GRINDING 141.00 141.00
20%ADDITIONAL FOR SATURDAY WORK
1.00 Fuel Surcharge 25.38 25.38
TOTAL PRICE: $ 871.38
ADD 20%FOR EVENINGS AND SATURDAYS
ADD 30%FOR HOLIDAYS AND SUNDAYS
STANDBY TIME WILL BE CHARGED AT 5 145.00 PER HOUR PER OPER,4TOR
SHOW UP WILI BE CHARGED AT 5 185.00
"'CUSTOMER IS RESPONSIBLE FOR THE SAFEGUARDING AND PROTECTION OF ALL SURROUNDING WORK AREAS.
ABC CONCP.ETE RECOMMENDS THAT THE CUSTOMER HAVE THE CU7TING SURFACE SCANNED TO LOCATE ANY UTILITIES OR POST TENSION CABLES THAT
MIGHT BE LOCATED IN THE CUTTING SURFACE. ABC CONCRETE WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED BY CUTTING THE ABOVE MENTIONED
AREA.
ABC CONCRETE CUTTING PROPOSES TO SUPPLY EQUIPMENT,PERSONNEL AND INSURANCE TO COMPLETE THE SCOPE OF WORK ABOVE.
-THANK YOU FOR ALLOWING ABC CONCRETE CUTTING THE OPPORTUNITY TO PROVIDE YOU WITH THIS QUOTE.
-CUSTOMER WILL PAY WITH CASH OR CHECK
-SHOW UP CHARGE OF$165.00 WILL BE BILLED IF ABC ARRIVES ON-SITE AND JOB IS CANCELLED aR POSTPONED
-IF CUSTOMER SUPPLIES DUMPSTER. DUMPSTER MUST BE EMPTY WITH REAR DOOR ACCESS.IF DUMPSTER DOES NOT HAVE REAR DOOR ACCESS OR IS
FULL,ABC WILL STOCKPILE CONCRETE/DEBRIS ADJACENT TO DUMPSTER
-STANDBY TIME WILL BE CHARGED AT$1451PER OPERATOR PER HOUR
-THIS QUOTE IS PRICED FOR THE QUANTITIES INCLUDED ABOVE AND IS TO BE CONTINUOUS WORK, IF JOB IS NOT CONTINUOUS OR QUANTITIES ARE
LESS,A MINIMUM CHARGE WILL BE IN EFFECT AND PRICING FOR LESSER QUANTITIES WILL BE INCREASED.
-DID YOU KNOW,WE ALSO OFFER AN AD�ITIONAL SERVICE THAT WILL PROVIDE YOU WITH ANSWERS TO C�UESTIONS REGARDING WHAT IS UNDERNEATH
THE CONCRETE(I.E.:POST TENSION CABLES 8 ELECTRICALS)?THIS SERVICE IS CALLED GROUND PENETRATING RADAR PLEASE CONTACT ED PACHECO
WITH ANY QUESTIONS.
PrintM:09/19R018 03:58:31 Pht Page 1
��-'� QUOTE FT LAUDERDALE......... 954-523-4848
�--�
-_ /��J/�r-. .__.' _'-�. ���
'�j ��� �' ��"� = c MIAMI ......................... 305-947-0881
rr h ��� � �"'�.j,I, i-� 1 --. PALM BEACH ............. 561-7376765
, .,
' ' : FT PIERCE .................. 772-465-4539
2251 HAMMONDVILLE RD, POMPANO BEACH, FL 33069 www.abcconcretecutting.com
1.An additional fuel surcharge(3%)will be appiied to all invoicing related to this quote.
2.Apparetus for confined space requirements is not included unless otherwise noled above. Waiting(or equipment will be billed at standby rale.
3.Mobilization is a one time charge on each continuous job.M additional mobilization charge will be added(or each interruption or postponement during which we are
not authorized to remain on standby.
4.All charges will be for actual quantities as measured,including for standby and cleanup as noted on work order.Standby and cleanup will be charged a[5125 per hour
unless inidcated differenlly in quote above.
5.Holes and cuts to be drilled or lines to be sawn must be laid out by owner or contractor.All holes and cuts will be charged(or whether usable or not
6.Cutting will be charged from beginning of cut to end,including overcut equal to depth of cut.
7.Damage to utilities or other objects within ihe concrete is beyond our control and we cannot assume responsibility for damage to same.Utility location is the
responsibility of the customer.Damage lo property of others by way of water traveling through existing cracks or openings in lhe concrele is beyond our conVol.
8.Reasonable and safe access to and from work areas guaranteed by owner or contractor.
9.Owner/Cusiomer to contact Sunshine 811 for all exterior work that requires cutting into the ground(48 hours prior to our start of our work).
10.ScaHolding,man lifts,or work platforms,i(necessary,to be provided by owner or conlractor.
11.ABC has an extensive Silica Exposure Program which requires the owner or customer to protecl other people or tr des on site from exposures above the permisable limits.
12.Tertns of payment:Due upon receipl of invoice when compleling Ihe ABC credit application proces 4therwis rins are COD b credit card.
13.COD by Credit Card:You pertnit ABC to charge your card for a minimum payment prior to job A a o c r ihe balance nce complete.
14.Except for price quotations this agreement constitutes the entire agreement of the parties an can t be e hout prior wri �n consent of that of the owner or
contraaors.
15.While sawing or drilling,we will protect structur fter we leave,holes i c ral sl s e responsi6ility o the contracl or owner.
� ��7 ' /`' .. �/-' �21 '' �= � '!
(SIGNATURE) (PRINT A ) ATE) \
PRICE IS SUBJECT TO CHANGE IF:NOT ACCEPTED WITHIN 30 AYS,OR CONDITIO ON JOB VARY F OM THIS QUOTATION.
Pnn[etl:09/19/2018 03:58:31 PM Page 2
PUBLIC RECORDS. In accordance with 5ec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other�ecords associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Viflage's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or atlow 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 attorne�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
Viltage. Finally, upon completion of the Agreement, CONTRACTOR shal) 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 reco�ds 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 requi�ements. 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 compatibte 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.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
. 33469.
Palm Beach County Inspector General
Pursuant to Article Xlt of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal governing bodies
based on such audits, reviews,or investigations.All parties doing business with the Vitlage shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority,and power.The inspector general has the power to take sworn statements, require
the production of records,and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the�Ilage in order to detect,deter, prevent,and
eradicate fraud,waste,mismanagement, misconduct,and abuses.
Village of Teqtzesta
3=�5 Tequesta Dri�-e 561-768-0700
Tequesta, FL 33�69 «��-«�.tequesta.org
`� �
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'I�C��-I:�"1':� Pl�1�I1(; �V'ORI�S DLP:AI��1',\II:A���1� �\II��AIC�R�\\1��'\I
�1'�>: �Iichacl R. Cc�tizzc�, �'illa�;c �Iana�er
I�rc�m: l�c�uylas \I. Chambcrs, l)iccctor PuUlic \�'orl:s
�ubjcct: AV'a�ner Rcfri�ccati<�n .�ncl _�ir Cc�nciitionin�
1�ate: October l, ?UlS
Wagner Refrigeration and Air Conditioning wiil be utilized for Air Conditioning services on an as
needed basis for the following Locations.
Locations:
• Public Services Facility
• Parks and Recreation
� Wagner will also service the Ice Machine at the Public Services Facility on an as needed
basis.
The Contractor is requiring a signature on the proposal.
Douglas M. Chambers
Director Public Works
Village of Tequesta
V�icc-AI:i��or I�rank D'_Ainl,ra \Iu��r_Al>b� 13rcnn:in Council \Irmhrr C��m Patcmo
(��,uncil \Irmbec�t�t�c Okun (:��uncil \Irmhcr A'incc:A�cna
V'ill.i�c� AI:tn;i�cr Afich:tcl(:r�uzz��
�
�Cause ou��Y�'� � ''+��Qike it cooe...
CENTRAL AIR CGNDITiONING y �� .�� ICE PfiACHINE SPE:IAUSTS
CONIMERCIAL REFRIGERATION WAGNER'S REFRIGERAl'ION SALES SEP.VICE • LEAS!NG
GFFICc 561-743-5759 & AIR C�PJDI�'IONING !77g6 13OTH F�,VENUE N
Fnx 56 I -��, JuPiTeR, FL 33478
�,..! L��c�_..__ ^ �.-�"�. -...
� � '' 'J;'vV;^J.''I:P.GNEnSREFR�i�ERATIGN C�'_:'�1
ICE PJI�CHINE MAINTENANCE AGREEMENT
NAME: DATE:
ADDRESS: PHONE:
CONTACT:
6illing Address (if tlifferent): __ _ _ FAX:
SCOPE
Clean and sanitize ice machine water circ��it as recommended by all manufacturers. Te2r down water circuit,clean antl sanitize evaporator
iceplate(s)inplace, 4vatersumo. pump riotor, spraytube, hoses, watersensor, bin, bir�doorand;askets.
LENGTH OF AGREEMENT
Agreementwill be automaticaily reneaved c n the anniversary date of the agreement. Agreement may l�e terminated by either party at any time
by givingthirty(30)days avritten notice.
P�IAINTEP�ANCE SCHEDULE
❑i�uarterly �7 Semi-Annually ❑Annually
EQUIPMEN?LIST
7 Ice P�iachine Units
First maintenanceto be performed _ __
PRICE PER MAINTENANCE
$ �a5 D� hI�+.INTENANCE ONLY Repairs other than maintenanee will ue made at owners request. as needed.
Billing 4vill be on time and materials ba:,is. Estimates providetl prior to work upon request. All avork guaranteed 30 day material and
workmanship.
Acceptingthis agreementand the attach�:1 documents outlining store locations and equipment for::
CUSTONIER: WAGNER S REFRiGERAI ION P,ND AIR CONDITIONING
DATE: DATE:
�
ACCEPTED E`f: AP VED BY:
PRI�lT: .� e��Z?�� �/`
CENTRAL AIR CONDITIONING CRGl56 1�0U 1'�,,' ��/ ,,!�'� QIICe It COOQ... ICE MACHINE SPECIALISTS
COMMERCIAL REFRIGERATION �/AGNER'S REFRIGERATION SALES • SERVICE • LEASING
OFFic� 561- 743-5759 & AIR CONDITIONING ��796 IjOTH AVENUE N
Fnx 561-7�1l-8645 JUPIiER, FL 33478
�cevse # caces�ass
W4YW.VIAGNERSRcrRIGcRATION.00�1
COMMERCIAL I'JIAINTENANCE AGREEMENT
NAME: DATE:
ADDRESS: PHONE:
CONTACT:
Billing Address (if different):
SCOPE
Maintain existing air conditioning and/or refrigeration equipment rvithin factory specifications. Improve operating efficiencies thus reducing
electrical costs. Reduce frequency of"down time"and repair costs. Provide convenience of"Preferretl Customer" status which includes
prompt service response, 24 hour coverage, 7 days a week including weekends and holidays, guaranteed workmarship by a licensed and
insured company.
LENGTH OFAGREEMENT
Agreement will be automatically renewed on the anniversary date of the agreement. Agreement may be terminated by either part}r atany time
by giving thirty(30)days written notice.
MAINTENANCETO BE PERFORMED
Replace air filters. Clean and treat condensate drain pan and pipe. Check systems for proper refrigerant charge. Clean and treai evaporator
and condensei coils in place, as needed. Inspect electrical wiring and connections. Check fan belis, amp draws and voitage readings.
Lubricate bearings and oil motors, as necessary. Check gaskets, rollers, hinges and latcf�es, tighten as necessary. Check thermostat
operation and inspectpumps.
MAINTENANGE SCHEDULE
❑Monthly ❑Bi-Monthly ❑Qua�teriy ❑Semi-Annually
EQUIPMENT LIST
❑Air Conditioning Units ❑Refrigeration Units ❑Ice Machine Units ❑Exhaust&Fresh Air Units
First mainienanceto be performetl
PRICE PER MAINTENANCE
$ PLUS CLEANING & FILTER MATERIALS Repairs other than maintenance will be made at owners
request,as needed. Billing will be on time and materials basis. Estimates provided prior to work upon request. All work guaranteed 30 day
material and workmanship.
Acceptingthis agreement:
CUSTOMER: NIAGNER'S REFRIGERATION AND AIR CONDITIONING
DATE: DATE:
ACCEPTED BY: % ROVED 8Y:
CENTR,4L AIR CONDITIONING CQC[Se I�OLI ' '. ' QII:e Ef COOQ... ICE MACHINE SPECIALISTS
�_
COMMERCIAL REFRIGERATION �/AGNER'S REFRIGERa4TiON SALES • SERVICE • LEASING
OFFic� 561- 743-5759 & AIR CONDITIONING 17796 I,iOTH AVENUE N
Fax 561��-l-8645 ��cNSE # c.ncos�ess JUPITER, FL 33478
W�h'W.WAGNERSREFRIGERATION,COh1
COMMERCIAL MAINTENAPICE AGREEMENT
NAME: DATE:
ADDRESS: PHONE:
CONTACT:
Billing Address (if different):
SCOPE
Maintain existing air conditioning and/or refrigeration equipment within factory specifications. Improve operating efficiencies thus reducing
electrical costs. Reduce frequency of"dowr time"and repair costs. Provide convenience of"Preferred Customer" status which includes
prompt service response, 24 hour coverage, 7 days a week inciuding weekends and holidays, guaranteed workmarship by a licensed and
insured company.
LENGTHOFAGREEMENT
Agreementwili be automatically renewed on the anniversary date of the agreement. Agreement may be terminated by either pariy at any time
bygivingthirty(30)days written notice.
MAINTENANCETO BE PERFORMED
Replace airfilters. Clean and treat condensate drain pan and pipe. Check systems for proper refrigerantcharge. Clean and treatevaporator
and condensei coils in place, as needed. Inspect electrical wiring antl connections. Check fan belts, amp draws and voltage readings.
Lubricate bearings and oil motors, as necessary. Check gaskets, rollers. hinbes and latches, tighten as necessary. Check thermostat
operation and inspect pumps.
MpINTENANCE SCHEDULE
❑Monthly 0 Bi-Monthly ❑l�uarterly ❑Semi-Annually
EQUIPMENTLIST
❑Air Conditioning Units 0 Refrigeration Units ❑Ice Machine Units ❑Exhaust&Fresh Air Units
First maintenanceto be performed
PRICE PER MAINTENANCE
$ PLUS CLEANING & FILTER MATERIALS Repairs other than maintenance wiil be made at owners
request,as needed. Billing wifl be on time and materials basis. Estimates provided prior to work upon request. All work guaranteed 30 day
materiai and workmanship.
Acceptingthis agreement:
CUSTOMER: WAGNER'SREFRIGERATIONANDAIRCONDITIONING
DATE: DATE:
ACCEPTED BY: �--� APPROVED 8Y:
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, �ONTRACTOR must provide the Village with copies of
requested records, or aliow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119,Fiorida Sratutes. A CoNTRACTOR
who fails to provide the public records to the Viilage, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorne�s fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and othe� 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 CONTRACTQR transfers all public records to the �Ilage
upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet al) applicable 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 �Ilage's information
techno(ogy 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.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to A�ticle XII of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal governing bodies
based on such audits, reviews, or investigations.All parties doing business with the�Ilage shall
fully cooperate with the inspector general in the exe�cise of the inspector gene�al's functions,
authority,and powe�.The inspector general has the power to take sworn statements, require
the production of records,and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the�Ilage in order to detect,deter, prevent,and
eradicate fraud,waste, mismanagement,misconduct,and abuses.
Village of Tequesta
345 Tcqucsta Dri��e 561-7G8-0700
Tequesta, FL 33=�G9 «�v��-.tequesta.org
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1'0: ��Iicl�acl P�. C�>uzzu, A'illagc J[a��a�cr
I�rum: I��xi�las \L Ch:i�nbers, Dirccu�r Public \C%c�rks
Subjccr. l'arkcr '� l�anncrrc I�esi�n Gr��u� Inc.
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Parker * Yannette Design Group will provide Landscape Design options for the Village of
Tequesta Welcome Signs on Tequesta Drive and the US1 Medians.
The Contractors agreement requires a signature.
Funding for this design will be paid out of 001-210- 546.309 Landscape and Irrigation
Maintenance.
Total Cost: $1,300
Douglas(vt.Chambers
Director Public Works
Village of Tequesta
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AGREEMENT
This P�qreement is submitted by Parker•Yannette Design Group, Inc. to Mr. Doug
Chambers, �Ilage of Tequesta Directoc of Public Works, 136 Bridge Road, Tequesta,
FL v+rith respect to fees for landscape architectural senrices as stated below.
PROJECT: Village of Tequesta, Common Area Landscape Improvements
SERVICES:
• Draft base plans from surveys provided by ciient.
• Site visit to photograph and inventory existing cond'+tions.
• Draft existing conditions onto base plan.
. Prepare preliminary planting plan concepts for iandscape
improvements to the five (5) Village of Tequesta monument
signs. Prepare two (2) front elevation rendering options
based on planting concepts.
• Prepare pretiminary planting plan concepts for landscape
improvements to the U.S. Highway One medians.
• Prepare preliminary planting plan concepts for landscape
improvements to infilUreplace damaged plantings at the
commerciat plazas adjacent to U.S. Highway One.
• Meet with client to review and approve preliminary plans.
• Prepare final planting plans, ptant lists and spec�cations.
Provide final ptans to client.
�EES: Estimafion of costs for completion of the Scope of Services:
• Principal: 10 hours @ $130.00/hr.
ADDITfONAL FEES:
. Reimbursable Expenses (bond ptots, blueprints, consuttant
fees, etc.)
Page 1 of 2
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Mr. Doug Chambers
Village of Tequesta
October 1, 2418
Page 2 of 2
PARKER.YANNETTE DESIGN GROUP, INC.
By: •
d� c�...�, Date: jJ �
Ste en J. P er, Presid nt
I (we) guaranty to the o�ces of Parker.Yannette Design Group, inc. the payment of all
sums due them by the Client in accordance with the above agreement and accept the
terms and conditions contained herein. I (we) understand that non-payment of fees as
outlined above will result in the immediate cessation of work on this project.
Client:
VILLAGE OF TEQUESTA
U'`��'�'4�e` �
By:
Date: �?'�! �'
Doug Chambers, Director
Publ' orks
��a�-1�
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 Viliage with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access a�d cost requirements of Chapter 119,FloridaStatutes. A CONTRACTOR
who fails to provide the public records to the �Itage, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorne�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 �ecords 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 �ecords upo� 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 infoRnation
technology systems.
IF CONTRACTOR HAS QUESTtONS 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.or�. OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspedor General
Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal governing bodies
based on such audits, reviews, or investigations.All parties doing business with the Village shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority,and power.The inspector general has the power to take sworn statements,require
the production of records,and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect,deter, prevent,and
eradicate fraud,waste,mismanagement,misconduct,and abuses.
Village of Tequesta
3�5 Tequesta Drive 561-768-0700
Tequest�t, FL 33469 «�v�v.tequesta.org
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'l c>: \Iichacl 1Z Ccnvz<>, �'illa�;c \Iana�cr
I�rc�m: ll��uglas �I. Chambcrs, l�irect��r Public \Vorks
�ubjccr. Island Contracdn��`t: Rcmociclin�Construcu�>n (;��nrract
l�.trc: 5cp�cmbcr?S, ?O15
Island Contracting was utilized to relocate the access door in Village Hall Administration Haliway.
The door was relocated for privacy and security.
The Proposal included demolition of the old 6' wall and 36" door, build a new wall with rough
opening to fit the existing 36" door, Install existing door and hardware in new opening. Install
new 5/8" sheetrock, tape, finish and reinstall trim.
Funding 001-210—Public �Vorks Operating Expenditures
Total Cost $2,490
The Contractor required a signature on the proposal.
Douglas M.Chambers
Director Public Works
Village oF Tequesta
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ISLAND CONTRACTING&REMODELING
CONSTRUCTION CONTRACT
273 S.US HWY 1
Teqnesta,FL 33469
9518
THIS CONSTRUCTION CONTRACT("Contract"),effective as of the date of the last party to sign
below, is between Island Contracting&Remodeling,inc.,having an address at
273 S.US Hvw 1,Tequesta,FL 33469 ("Contractor")and Villa�e of Tequesta ,having an
address at 345 Tequesta Drive.Teqpesta FL 33469
dchambers@tequesta.org
For valuable consideration the parties hereby agree as follows:
1. SCOPE OF WORK: Contractor shall provide the following:
a. Demolition of old 6 foot wall and 36"door.. Build new wall with rough opening to fit existing 36"
door. Install existing door and hazdwaze into new rough opening. Install new 5/8"sheetrock to both
sides of new wall. Tape in and finish ready for primer. Reinstall trim. Contractor will not be
responsible for any paint work and any repairs to trim that need to be done. Town will be responsible
for their own flooring and electrical work. Labor and material: $2,490
Contractor obtain permit and town to pay for permit and necessary architectural drawings.
2. WORK SITE: The Project shall be constructed on the property of Owner located at
345 Tequesta Drive and more
particularly described as (hereafter
"the Work Site").
3. TIIViE OF COMPLETION: Contractor shall commence the work to be performed under this
Contract on or before and shall complete the work on or before
Contractor shall not be liable for any delay due to circumstances beyond its control inctuding strikes,
work added by owner, acts of God, illness, injury, or general unavailabiliry of materials. Any change
orders during the process of job can add to the time of completion.
4. INSURANCE: Contractor shall maintain up to date liability insurance.
1
5. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including
changes to the drawings and specifications, from time to time during the construction of the Project.
However, any such change or modification shall only be made by written "Change Order" signed by
both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any
increase in the cost of the Project as a result of a Change Order. Contractor agrees to reduce the
contract price in the event a change order reduces materials and/or labor. In the event the cost of a
Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the
cost thereof and where the cost of the project is increased the owner shall pay the actual cost whether
or not it is in excess of the estimated cost. All change orders will be billed once completed and due
within 30 days.
6. CONTRACT PRICE:
{FIXED FEE}
Owner agrees to pay Contractor the sum of $2.490 for performing the services set forth
in the scope of the work. Contractor shall bill customer as foltows:
1. $2,490 due at completion
2.
LATE PAYMENT/DEFAULT: All payments will be made within five(5)business days after
billing. Overdue payments will bear the interest at the maximum legal permissible rate. If any
payment is not made when due,contractor may keep the job idle until such time as all payments
due have been made. A failure of payment for a period in excess of five(5)business days shall be
considered a major breech.
Before each and every payment becomes due,contractor must provide the customer with a release
of lien covering all workers and materials used on the project up to and including the billing date.
8. ASSIGNMENT: Neither party may assign this Contract,or payments due under the Contract,without
the other party's written consent. Any such assignment shall be void and of no effec�
9. ATTORNEYS' FEES AND COSTS: If any party to this Contract brings a cause of action against
the other party arising from or relating to this Contract,the prevailing party in such proceeding shall be
entitled to recover reasonable attorney fees and court costs.
10. WARRANTY: The contractor warrants to the owner that materials and equipment furnished under the
-2 -
contract will bc of good yuality and ncw unlcss othcrwisc rcquired or permittcd by coatrnct documents,
that the wodc wil) be free trom defctts not inhc�ent in the c{ualicy requircd or permicted.and that the work
will confonn with thc requircmtnts of the Contract documentc. 1Vork not conforming to these
requir+ernents, inciuding substiti��ions not propecly apprnved and authorizrd, may lx coasickr�d defeClive.
The contr3etor's watranty excludec remedy fw damage or dcfect caused by abuse, modificattons not
cxc�cutai by t6e contractar,improper or insufticient maintenance.improper operation,or normal��^ear and
�car undtr normsl usage. Upon rc�uest of thc o�mer,the coatraccor shalt furnish satisfactory e�idence as
to the kind and quality of materiats and cquipmcnt ttsed.
AGREEU:
CONTRACI'OR: 01VNER:
''�� .�"
5ignature Signaturc
-- Michacl Bi11s p _ �,,,� � ��Jp �
Prir►t Name&Tille Print amc
9518 .- ,r.- � ��
�� Uate
CRC1253897
Licrnsc Numbcr
-3-
PUBUC RECORDS. tn accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other�ecords associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
�ilage'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
acco�dance 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
inspedion 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, FJorida
Statutes. Further,CONTRACTOR shall ensure that any exempt or confidentia)records associated
with this Agreement or associated with the perFormance of the work desc�ibed 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 �Ilage, 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 shaU meet all applicable requirements for �etaining public �ecords. Records that
are stored electronically must be p�ovided to the VILLAGE, upon request from the �Ilage'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.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal governing bodies
based on such audits,reviews,or investigations.All parties doing business with the Village shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority,and power.The inspector general has the power to take sworn statements,require
the production of records,and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect,deter, prevent,and
eradicate fraud, waste, mismanagement, misconduct,and abuses.