HomeMy WebLinkAboutDocumentation_Regular Council_Tab 03_06/13/2019Agenda Item #3.
Regular Council
STAFF •
C4tl
Meeting: Regular Council - Jun 13 2019
Staff Contact: Jim Weinand Department: Manager
Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting
the following agreements, proposals, commitments and memorandum of understanding to Council.)
Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting
the following agreements, proposals, commitments and memorandum of understanding to Council.)
BUDGET INFORMATION:
BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT:
Additional Budgetary Information: Funding Source(s):
2 Items, each with individual costs See Backup
POTENTIAL MOTION- • e
This agenda item is respectfully submitted for your review and approval.
Brad's Bedding Credit App Packet
Capitol Carpet & Tile Agreement -Public Works
Safelite Auto Glass Credit App Packet
Technology Engineering Packet for Consent Agenda
VOT & Nature Conservancy Hold Harmless Agreement -Village Manager
Page 20 of 94
Agenda Item #3.
Village
345 Tequesta Drive
Tequesta, FL 33469
Tequesta Public Works Department Memorandum
To: James Weinand, Village Manager
From: Douglas M. Chambers, Director Public Works
Subject: Brad's bedding plants incorporated
Date: May 23, 2019
561-768-0700
www.tequesta.org
The following agenda item references a vendor required credit application
in order to conduct business with Brad's bedding plants incorporated.
Brad's bedding plants, located in Delray Beach Florida, maintains a large
Inventory of select flowers and ground coverage.
The public works department will utilize this vendor when replenishing
flowers on village property.
This account will be utilized on an as needed basis.
Doug Chambers
Director
Department of Public Works
Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Council Member Kyle Stone
Page 21 of 94
Agenda Item #3.
jis"s �%,
14
Page 1 of 3
Brad's Bedding Plants Inc.
Business Credit Application
Phone: 561-637-3669 Fax: 561-637-3880
14070 Starkey Road, Delray Beach, FL 33446
.s ft,
Corporation Partnership Proprietorship other
Names and Addresses of Owners, Partners, or Officers:
Name: - -f
- ames Wenvianck
Name:
Social Security#:
rifle:
Address:
Name:
Accounts Payable Information:
Ah tip" Ad e-
Phone#. -
Fax #:
Address:
L/
Email:
VAC C 0 (- IdE 4M (A PMA , WO
Vendor Name:
Trade Credit References:
��Mty'\ SP LLC
Fax #:
Account #:
Address:
FO-GL.e Z�Cj S44-> I m 0. C
Email:
vendor Name:
Pmkk GA IQLr MaAfT
Fax M
Account #:
Address:
P () E>0 Y, �Aacl rid PL
Email:
Page 22 of 94
Agenda Item #3.
Page 2 of 3
Vendor Name: —�P–MACGn 5eV-VLC2eS
Fax M
Account M
Address.
Email:
Bank References:
Bank Name:
Fax M
Account M
Address: i�, 0 U44 -AAA VaLk ULes.-f- 1) r 146, EL
Bond information Required For Credit:
Company Name:
-6cense #:
Bond Amount:
Surety Company:
Credit Limit Required: $ q jqq & 60
Credit Terms
Payment on all invoices is due within 30 days of invoice date.
All overdue invoices bear interest at 18% (1.5 percent) per month on unpaid
balance.
Credit applicant agrees to pay all costs of collection, including court costs and
attorneys fees.
Credit Terms and limit may be cancelled or changed by Creditor at any time
without notice.
All transactions are governed by the laws of creditor's states.
All transactions are governed by the terms of the Creditor's documents.
Page 23 of 94
Agenda Item #3.
Page 3 of 3
The Credit applicant accepts the above terms and states that all information in this credit application
is true and correct. Credit applicant authorizes creditor to contact all references, inquires as to
credit information, and receive an confidential information relevant to approving credit.
Name of Credit Applicanf
Please Fax to 561-637-3880 or email to Brad@bradsbedding.com
You may also mail to the following address:
Brad's Bedding Plants Inc.
14070 Starkey Road
Delray Beach, FL 33446
If you have any questions please call us at 561-637-3669
lea
Thank you,
4�4 %—
Bradley Bethurem .4 IV
71flViO
Page 24 of 94
Agenda Item #3.
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 falls to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.6701, Florida Statutes, and other penalties under Sec 11-9.10 Forda
Statute . s. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with thi's 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 possessioni 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 compptiblp with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (562) 768-0.68S., OR AT
ImcwIIIIams@tequesta.o 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.
Page 25 of 94
Agenda Item #3.
CAPITOL CARPET & TILE AND WINDOW FASHIONS Page 1
2450 PGA BLVD
PROSPERITY CENTRE Cl)
V
PALM BEACH GARDENS, FL 33410 0
L
Telephone: 561-625-1700
ACKNOWLEDGMENT
Sold To Ship To
VILLAGE OF TEQUESTA VILLAGE OF TEQUESTA
357 TEQUESTA DR 357 TEQUESTA DR
TEQUESTA, FL 33469 TEQUESTA, FL 33469
Order Date Contact # PO Number Order Number
04/19/19 561-768-0482 SP01 1682
Inventory Style/Item Color/Description Quantity Units Price Extension
MEASURE- MEASURE -DAVE C
240.00
DAVEC
207.36
1T45 GO FORWARD TILE - ECOFLEX ICT
IRONWORKS
PVC - 24 X24 - I CT=8 SY - 18 PER
178.60
CASE
0.00
Carton Qty- 12.00
750.00
AAT -620 ADHESIVE AAT620 - STOCK
CARPET TILE ADHESIVE
Size: 4 GAL. COVERS 1000 SF
1:22PM -
Carton Qty: 1.00
JOH CB40 VINYL COVE BASE - JOHNSONITE
63 BURNT UMBER B
Size: 4"
Carton Qty' 47,00
NACOVECART ADHESIVE COVE BASE - STOCK
COVE BASE ADHESIVE
Size: 30 OZ. TUBE COVERS 50 LN FT
Carton Qty: 4.00
177 SNAP TRACK CARPET REDUCER
BLACK
Size: 12'
Carton Qty 1,00
FURN MOVE FURNITURE UNIT
RIP UP GLUE CARPET
CARPET DISPOSAL PER S/F
COVEBASE VINYL COVE BASE INST
CARPET TILE CARPET TILE FURNISHED
FURNISHED
FLOOR PREP
TRIP CHARGE TRIP CHARGE
- nA 1! 0110
Sales Representative(s):
KATE HURT
The price of the materials is based upon informati provided by the customer.
P'
Final price to be determined afte"ctual mi j;rmerit."I' agree to the terms on
the front and back of this ag ent
Signature of Buyer. ->,p -
1.00 EA 0.00 0.00
96.00 SY 33.69 3,234.24
1.00 EA
188.00 LF
4.00 EA
1.00 EA
8.00 EA
864.00 SF
864,00 SF
188.00 LF
864.00 SF
759.00 SF
1.00 EA
Material:
Service.-
Misc. Charges:
Sales Tax:
Misc. Tax:
INVOICE TOTAL,
Discount:
Less Payment(s):
BALANCE DUE:
0.00 &00
0.84 157.92
0.00 0.00
21 A3 21.43
30.00
240.00
O�24
207.36
0.15
129.60
0.95
178.60
0.00
0.00
0.99
750.00
300.00
300.00
1:22PM -
3�413.59
11-805.56
0.00
0.00
0.00
0.00
$5,219.15
Page 26 of 94
Agenda Item #3.
345 Tequesta Drive
Tequesta, FL 33469
"ViHage c>f'lreqviesta
a F!
561-768-0700
w,vv,.v.tequesta.org
TEQUE'STA PUBLIC WORKS DEPAWI'MENT NIEMORANDUM
To: James Wetinand, Village Manager
From: Douglas NI. Chambers, Director Public Works
Subject: Safelite Auto Glass
Date: April 22, 2019
The FollowinL, Agenda item references a Credit Application from Safelite .,kuto Glass.
Safelite requires the Village of TeqLICSta to complete the Credit Application in order to utilize their
Services.
The Village ofTequesta will utilize Safelite, located 'in West Palm Beach, on an as needed basis for
windshield and weather -s tripping repairs and replacement.
Department Heads will be responsible for insuring there is available fundin�g in their respective
budgets in the Vehicle Repair and Maintenance Fund for auto glass seivices.
On behalf of the Village Manager and staff, this agenda Item is Submitted for your review and
consideration. Your approval will authorize the Village Nlanager to execute this document.
Doug Chambers
Director
Department of Public Works
Vice -Mayor Kai�ti - Johnson Mayor Abby Brennan
COL11161 N"Iernher Laurie Brandon
COLincil -Mernber Vince Arena
COLInd Member Kyle Stone
Page 27 of 94
Agenda Item #3.
CREDIT
safe'1ft0,m AutoGlass APPLICATION
Mail completed, signed application to: 24W farmers Or, Suite SM, Columbus QN 43235 Date q j q - i
To begin processing• you may fax your completed application to 614-210-9686 and then mail the original, stoned application to the above address.
BUSINESS TYPE (check one Proprietorship_ Partnership_ LLC_ Corporation Serving Location_ Sales Rep_
Business NameJVt-LIO_� Of'1UP5�-a.
Address - 3 1° UPS%& DC. _ _ Contact Name _
City/State/Zip FL 33%cf _ ___ Billing Address 13(,p bddc�e
Telephone f'TCflB-O 8a- -___,- -- City/Sate/Zipf rdti,_,_F� 33
Date Business Established IQ5% _-__ __ - _ A/P Telephone Ext _
Estimate Annual Purchase _ Request Line - ___ _ Request Terms
Any Special Billing Requirements?_ --
OWNERS, PRINCIPALS AND OFFICERS
Name �QM► E-5 WierlQVIO( --- SSA------ - ------ Title k+nr, VI to e MaojoJ(er
Address -.-. --- -- City/State/Zip - - -- -- Phone -- ---
Name - - - - ---- SSA --- - - - - - - --- Title - - ----
Address -_ City/State/Zip -___ _ -_ Phone --
BANK AND TRADE REFERENCES _
Bank Name ► D BUnk __ _ __ City/State/Zip ` eKkf5 a, PL 55fin`i Phone
Trade Ref AdV e iAr- ._ -_ Cih//State/Zipl afhrOLL o�7�03 Phone 906-Ciilm'3w(
Trade Ref city/State/Zip LdtL 3380a . Phone B�_333-75F3J
TERMS AND CONDITIONS
l4Ye attesl to mey/our financial responsibility and ability and a:illingness to pay 5afelite@ Fulfillment. Inc. ISFII dba Safelire y;utoGlass3A or all purchases made by
merus from SA according to SFPs stated terra; Unless othan+ ise mulually agr-aed upon in omlueg, SFrs stated tears are. "ire unpaid balance is due in full uonn
receipt rf the goods.' (COD).
I. We agree that. to the event of legal action ammmed to collect any unpaid balance due SFI, hb'/e Will pay all costs of rrlleruon court co.tts and reasonable
attorneys fees incurred by SFI as a result -or sail legal anion I Are further agree that, to the n4ert any rhecl: for payment (in my/our accounts is returned unpaid
Err any reason. SFI ,s authonzed' as: a; flat ir- C^er.: F:::: rr, aa:rnt^t of S25.00 and In deu;t -7.' .;r ,:.r,, rr r ,r ;re r n,:nt of .,:cordance ,vith
appli•:able State la:v
14'. g1% r, ; lour rnr ;r ,: L-a '.. en r.s b t':I t-) r I.9_r infarm1t1 dti 1 any, accounts or
;,• :I ' e . _ r --dt! bureau.
;•: —
BY SIGNING BELOW, I/WE CERTIFY THAT IIWE, HAVE R PA TO THES T INS AND CONDITIONS.
Haire (phasepnnr I u Date
0►-1 e a1Er}�-1-lyt� Villo��--_ues__NOi L_Su�r�es.W�ev�al_s �.vtdf✓duo( �c��ac,t� .
i he undersigned unrondtttorall, uuararte a thu paIMen: .•.ran &u jf all atn,nutts u-.vuJ c; me auuva narnud uusrnu:;s and v:a,ves all notice to vArh
the undersigned may other.03c n,: ew rle 1, wAuJmg but not limrcd br nou,.e d arreptanr.,;, ei.(Nnsmn of cre+frt and nr•!,enunent• an(] cunsents to
ar, e:cten5ron of forbaar3nces
Name (please print) Signature Date
Name (please print) - - Signature
Page 28 of 94
Agenda Item #3.
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 Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
IMCWillianls@)teguesta.org OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to Article Xfl 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, investi.-ate 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.
0
Page 29 of 94
Agenda Item #3.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequest
Tequesta Public Works Department Memorandum
To: James Weinand, Village Manager
From: Douglas M. Chambers, Director Public Works
Subject: Technology Engineering Incorporated
Date: May 23, 2019
561-768-0700
www.tequesta.org
The following agenda item references a proposal from Technology
Engineering Incorporated to upgrade the irrigation well pump system at
Tequesta Park.
The current system is over 20 years old and many of the parts and controls
are obsolete.
The controls, valves, transducer, variable speed drive, pressure tank and
Associated piping will be upgraded.
Funding for this project is available in the Public Works budget, fiscal year
2019 001-210-546.306.
Doug Chambers
Director
Department of Public Works
Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Council Member Kyle Stone
Page 30 of 94
Agenda Item #3.
Contact: Doug
Job Name: Upgrade for Controls of
Date: April 22, 2019
Chambers
Submersible Irrigation Pump
Company: Village of
Site Address: 2280 County Line Rd.,
Bid Exp.: May 22, 2019
Tequesta
Tequesta, FL., 33469
Phone: (561) 945-1389
Email: dchambersra`�teguesta.orn
Estimator: Irving Martinez
Scope of work:
• Electrical controls:
7.5 HP Variable Frequency Drive / 460 Volt.
0-100 PSI transducer
Hand switch
o Pilot lights
• New discharge manifold
New plumbing sch. 80 PVC
Liquid filled pressure gauge
Test port with ball valve
c Butterfly shut-off valve
Pressure tank — 30-gallon
• Labor for removing existing components. programming VFD, and testing system thoroughly
TOTAL... $4,960.68
NOTES:
• All components have 12-month manufacturer warranty on parts.
• Payment Terms: 50% deposit and 50% balance upon completion of work.
Warranty: T.E. guarantees and warranties all of its workmanship for 120 days. However, products and material
installed by T.E. cant' their warranty as noted by the manufacturer.
By signing this agreement below, you are stating your acceptance of all conditions and payment terms
as outlined above and that you have the authori to authorize payment on behalf of the client named
above.
Owner or Agent Signat f . Date:
Owner or Agent Na e: A A_lv" Title:
HS Representative: Date: 04/22/2019
Representative Name: Irving Martinez Title: President
Page 31 of 94
Agenda Item #3.
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 Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. if the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
219, 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
1MCWiIIiams@tequesta.o OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to Article X11 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.
Page 32 of 94
Agenda Item #3.
HOLD HARMLESS. INDEMNITY AND LIABILITY AGREEMENT
THIS AGREEMENT made this 16 day of May. 2019 between the Village of Tequesta, a municipal
corporation with offices located at 345 Tequesta Drive, Tequesta. Florida 33469, herein referred to as the
VILLAGE, and The Nature Conservancy, Inc.. herein referred to as NATURE CONSERVANCY.
WHEREAS. NATURE CONSERVANCY desires to utilize portions of the parking lot within the
VILLAGE'S Teques I ta Park for off-site parking and shuttle service for participants of the NATURE
CONSERVANCY'S "Blowina Rocks BioBlitz" to be held on May 18, 2019. Use of said Tequesta Park parking lot
will begin no earlier than 7:00 am and will conclude no later than 4:00 prn on Saturday, May 18, 2019. A maximum
of 60 parking spaces shall be made available for the NATURE CONSERVANCY by the VILLAGE. The parking
spaces to be"utilized shall be as depicted on Exhibit -A- attached hereto. in the event that that the NATURE
CONSERVANCY utilizes a shuttle service to provide transportation between Tequesta Park and the Blowing Rocks
Preserve, the travel route within Tequesta park for such shuttle service vehicle(s) shall be as depicted on Exhibit '"A"
attached hereto. Any such shuttle service use shall be arranged between the NATURE CONSERVANCY and the
shuttle service. The VILLAGE shall have no involvement, liability or control over such shuttle service. other than
to designate the travel route for shuttle service vehicles as stated above. The NATURE CONSERVANCY shall
ensure that any such shuttle service is fully insured and to the extent that the shuttle service vehicles access Tequesta
Park facilities. shall have the Village of Tequesta named as an additional insured on all applicable policies of
liability insurance: and
WHEREAS, the VILLAGE will agree to allow such access to, and use of Tequesta Park parking facilities
in accordance with the terms and conditions as stated herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the receipt and
sufficiency of which are hereby acknowledged, the NATURE CONSERVANCY agrees to release, waive. and
discharge the VILLAGE, including the VILLAGE'S officers, employees and agents; and covenants not to take any
action in law or equity against the VILLAGE, including the VILLAGE'S officers, employees and agents. regarding
access to and use of the Tequesta Park parking facility. Further, NATURE CONSERVANCY hereby agrees to and
in fact does indemnify and hold harmless the VILLAGE, including the VILLAGE'S officers. employees and agents,
from any and all liability for any loss or damage to property, and for any personal injury or death, and for any claims
for same which may be rnade by the NATURE CONSERVANCY or by any third party, that may arise directly or
indirectly out of the NATURE CONSERVANCY'S access to and use of the Tequesta Park parking facility as stated
herein, or that may arise directly or indirectly from the intentional or negligent actions of the NATURE
CONSERVANCY or any of its invitees. guests or participants who park in the Tequesta Park parking facility or
utilize any NATURE CONSERVANCY shuttle service to attend the NATURE CONSERVANCY'S -Blowing
Rocks BioBlitz" to be held on May 18,2019.
This Agreement may be executed in multiple original copies. each of which shall be considered an original
document.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
0 ............. .... /'
C'
JJVC0
RPOR
ATTEST: %
Lori McWilri
Village Clerk
THE NATURE CONSERVANCY
-roj
Lisa Romero
Director of Finance and
operations, TNC Florida
Page 33 of 94
Agenda Item #3.
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 Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
imcwilliams@teguesta.org 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 3udit 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.
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