HomeMy WebLinkAboutDocumentation_Regular_Tab 04_8/8/2019Agenda Item #4.
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Meeting: Regular Council - Aug 08 2019
Staff Contact: Jeremy Allen, Village Manager 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):
1. FEC ROW LLC and Village of Tequesta Real Estate Lease Renewal, File#281-1-2b - Public
Works, $12,316.00; 2. REG Architects, Inc. Community Center Additional Service Proposal #1 -
Parks & Recreation, $15,000.00; 3. John Kuper Settlement Agreement - Human Resources,
$15,000.00.
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.)
1. FEC ROW LLC and Village of Tequesta Real Estate Lease Renewal, File#281-1-2b -
Public Works, $12,316.00; 2. REG Architects, Inc. Community Center Additional Service
Proposal #1 - Parks & Recreation, $15,000.00; 3. John Kuper Settlement Agreement - Human
Resources, $15,000.00.
BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT:
Additional Budgetary Information: Funding Source(s):
3 Items, each with individual costs
This agenda item is respectfully submitted for your review and approval.
FEC Real Estate Real Estate Prope�Lease Renewal 281-1-2b- Public WorksRenewal 281-1-2b- Public Works
REG Architects Add'I Service Proposal #1 for Phase I -Parks & Recreation1
J.Kuper Settlement Agreement -Human Resources
Page 38 of 182
Agenda Item #4.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequesta
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Tequesta Public Works Department Memorandum
To: Jeremy Allen, Village Manager
From: Douglas M. Chambers, Director Public Works
561-768-0700
www.tequesta.org
Subject: Florida East Coast Real Estate Property Renewal Lease
Date: July 25, 2019
This Agenda item references the real estate property the Village of Tequesta
leases from Florida East Coast ROW, LLC. The property is located at the
north and south corners of Tequesta Drive and Old Dixie Highway. The lease
is defined as a beautification lease. This lease allows the Village of Tequesta
to maintain and make improvements to the area.
The Renewal Term will be increased by 5% at a cost of $12,316.00.
The Lease is effective July 11, 2019 through July 10, 2020.
Funding is available and budgeted in 001-210-544.304
Douglas Chambers
Director
Department of Public Works
Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Kyle Stone
Page 39 of 182
Agenda Item #4.
=C Florida East Coast
ROW
FEC ROW LLC
7150 Phfts Highway I Jadmonville. FL 32256
www.feerwy.comlroal-ntoto-services
June 27, 2019
Jeremy Allen, Village Manager
136 Tequesta Drive
Tequesta, Florida 33469
Re: Real Estate Lease (File# 281-1-2b) dated 7/11/2006 by and between FEC ROW, LLC formerly known as FIDG
Flagler Station 11, LLC, as Lessor ("Lessor") and Village of Tequesta, as Lessee ('Lessee").
Dear Lessee:
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, 2019 and extend through July
10, 2020. 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 rate for the Renewal Term will be $12,316.00, 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.Smith0fecrwy.com.
S i n �cer�el,
Erich Smith
Real Estate Manager
ACKNOWLEDGED AND ACCEPTED:
This _jgt7d day of 2019
By:
Print arneandTite
Page 40 of 182
Agenda Item #4.
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be Inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who falls to provide the public records to the Village, or 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. 119.0701, Rarida 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 perfiDrmance 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 CONTRACTORS 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
ImcwIIIianrw@tequesta.onL 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 goveming 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 generars 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 41 of 182
Agenda Item #4.
.1 3asedy, 1, MW I I j &F, psi
Date: 7/24/19
To: Jeremy Allen, Village Manager
Cc: Debra A. Telfrin, Executive Assistant
From: Greg Corbitt, Director of Parks & Recreation
RE- REG Architects, Inc.
Please place the following proposal on the August 2019 Council Meeting
Constant Agenda.
The following proposal from REG Architects, Inc. additional service proposal
for the Conceptual Design of the Community Center.
The total cost is $15,000.
Page 42 of 182
Agenda Item #4.
_ REG ARCHITECTS, INC.
ARCM I'I'ECTURE * tNTER[oR DESIGN * PI.A NN I NG
June 26. 2019 / revised
Office of the Village Clerk
Village of Tequesta
Mr. Greg Corbitt, Parks & Recreations Director
345 Tequesta Drive
Tequesta, FL, 33469 Via e-mail:n gcotbittteauesta.orl;
RE: Additional Service Proposal #I for the Conceptual Design (Phase 1) of the Village of
Tequesta Community Center, Tequesta. Florida
REG #18018
Dear Mr. Cor tt..
REG Architects, Inc. requests authorization to proceed with additional architectural services for
conceptual design in accordance with the Original Agreement executed on October 2, 2018 for the
above referenced project. Scope of work and compensation as follows:
The Architect shall provide two (2) alternate concepts for the proposed Community Center to be
located at Constitution Park, 399 Seabrook Rd, Jupiter, FL 33469.
The Scope of Work to include:
• A conceptual site plan with the proposed building footprint
• One (1) or two (2) conceptual renderings of the building massing / exterior elevation(s)
• Up to two (2) revisions to the conceptual site plan / building footprint and renderings
• One (1) in person meeting to review the proposed alternate concepts
Note: Conceptual floor plan layouts and interior rendered views are excluded.
Alternate Concept 1:
Consists of modifying the proposed building footprint to tit within the limits of 100'-0" x 100'-
0" placed in the same location as the existing Rec Center (to be demolished) with the intent of
mininizing the impact on the existing green space of the park and preserving the playground
areas. The project program shall be redistributed over 2-stories and include a +/-5.000SF nwlti-
purpose room: the program and square footage designated for each area/room is subject to
change based on the limitations of the proposed building Footprint.
300 Clemalix Street, 3,d Flour, Wes, Palm Beach, FL 33401
Phone: (561) 659•2383 • Fax (5611 659.5346
W_ten..rxg1tLvzld _" &.CAM AA 0002447
I•.lf i7\•1
Page 43 of 182
Agenda Item #4.
\'illage Of 'I'cyucsla - (:onununitc Center
itt{Gf 1SUIS
U6!2619
Page 2 of 3
• Alternate Concept 2:
Consists of modifying the proposed building into two (2) separate structures. The first building
shall be 1-story, located in the same place as the existing Rec Center (to be demolished). Its
footprint shall be limited to 100'-0- x 100'-0*' with the intent of minimizing the impact on the
existing green space of the park and preserving the playground areas. The project program
shall be reduced by +/-5,000SF. The square footage designated For each area/room is subject to
change based on the linutations of the proposed footprint. The second building shall be l-story
placed in the location of the existing skate park (to be demolished). The proposed program for
this structure to include a +/-5,000SF multi -purpose space with ancillary storage, unisex
restroom(s), and mechanical / electrical space.
Note: The preliminary pricing completed for the original design concept does not correlate to the
alternate concepts included in this scope of work nor does it reflect the current construction rates.
It is recommended that new prelimnary pricing be obtained for one (1) or both alternate concepts
at the discretion of the Village of Tequesta.
Task I. Architectural Fee: $15,000.00
If this is acceptable to you, please sign below and return and we will continue to work on your
project promptly.
We look forward to assisting you with this project.
Sincerely,
REG ARCHITECTS. INC.
201Ao-
RicAI
Pres
cc: Colin Price. Vice President
ACCEPTED THIS ego OF 'JaAlC' Z619
enclosures: Exhibit "A" - Hourly Rates
Exhibit "B'* - Aerial Diagrams from Client
RG/cm
300 Clcm.ttis Sired. 3,d Floor. West Palm Beach. FI. 33401
Thine. (.561) 659. 2383 Fax: (3611 639.3546
w 3E_,v. rcagr 41, iir.sta.co m AA 0002447
I'Sf .9iS
Page 44 of 182
Agenda Item #4.
Village of 11Cyucs1:3 - COMMu11113 Center
RI:,G# IH1118
lib 26111)
111ge 3 of 3
Exhibit "A"
HOURLY RATE SHEET
SUBJECT: Hourly rates for professional services as may be required.
FROM: Rick Gonzalez, AIA, President, REG Architects, INC.
DATE: 2019
A. HOURLY RATES:
Hourly rates for professional services shall be as follows:
Expert Witness
$350.00
Principals
$275.00
Associate Architects
$225.00
Architectural Animator
$200.00
Sr. Project Manager
$185.00
Project Manager
$175.00
Quality Control Reviewer
$160.00
Interior Design Coordinator
$130.00
Construction Administrator
$130,00
Revit/AutoCAD Technician
$ l 25.00
Graphic Designer
$120.00
Administrative Support Staff
$ 75.00
300 Clem,t t., 9 -r t, 3rd Floor, Went Palm 13 car h, 1:1, 33301
ph-- (561) 659-2383 • Fa ; (561) 639.554b
MWAN!..1C9AfdLLV_L1a,Si_Qn1 A.4 0002-137
Page 45 of 182
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Agenda Item #4.
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 exem ' pt 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
tech nologV systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
229.. 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 (562) 768-0685, 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 48 of 182
Agenda Item #4.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequest4Z
ALI10 . r+,
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To: Honorable Mayor and Village Council
Thru: Jeremy Allen, Village Manager
From: Merlene Reid, H.R. Director
Date: July 21, 2019
Subject: John "Jay' Kuper — Settlement Agreement
561-768-0700
www.tequesta.org
Water Distribution Service Technician John Kuper was terminated July 2018 for
insubordination. The CWA union took the matter to arbitration requesting full
reinstatement with back pay, and on June 12, 2019, the arbitrator ruled that Mr. Kuper
be reinstated with his seniority intact, without back pay or emoluments for the prior 11-
month period. Payroll estimates the cost of Mr. Kuper's total compensation for July
2018 to June 2019 to be $58,807. The newest Water Plant Trainee hired July 2018,
who would be terminated to accommodate the arbitrator's reinstatement award,
received an estimated total compensation package of $46,949 for the same period, a
difference of $11,858.
With back -pay demands denied, the CWA and Mr. Kuper requested a settlement where
Mr. Kuper would agree not to return to the Village, and the Village would provide Mr.
Kuper with a neutral letter acknowledging his dates of employment. The CWA president
also expressed concerns with terminating the newest bargaining member. As the
Village similarly preferred to retain the newer employee who is a diligent worker, a
settlement was reached at $15,000 (down from the $25,000 requested) and executed
on June 12, 2019 (copy attached).
Council is also being advised that arbitration hearings are not covered by insurance and
the associated attorney's costs was $69,165, paid from the Utilities funds.
Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena
Council Member Laurie Brandon Council Member Kyle Stone
Village Manager Jeremy Allen
Page 49 of 182
Agenda Item #4.
HUMAN RESOURC�S
Settlement Agreement JUN 112019
Between
Village of Tequesta
And
John Kuper and Communications Workers of America, Local 3181
1. John Kuper (Kuper) had been employed in the Tecluesta Water Department
for more than ten (10) years. He was a member of a bargaining unit
represented by the Communications Workers of America, Local 3181
(CWA).
2. On July 23, 2018, Village Manager Michael Couzzo terminated Kuper for
insubordination.
3. Kuper and CWA grieved Kuper's termination through an arbitration hearing
presided over by Arbitrator Carl G. Chernoff on March 11, 2019.
4. Arbitrator Chernoff found Kuper to be guilty of insubordination, but found
there was not proper cause to terminate Kuper's employment. Chernoff
ordered Kuper to be reinstated by the Village as soon as reasonably
possible, with his seniority preserved, but without any other emoluments
of employment, such as retroactive pay, benefits, etc.
5. The parties (Village of Tequesta, Kuper, and CWA) have agreed to the
following full, complete, and final settlement of this matter.
a. Kuper will not return to employment with Tecluesta. He will forever and
permanently give up any rights he may have to employment with the
Village, and he will not at any time in the future apply for or seek
reemployment with the Village.
b. In return, the Village will pay Kuper the sum of $15,000. Kuper agrees
that he will be responsible for tax liability, if any, on the settlement
proceeds. The parties agree that the settlement amount provided for in
this agreement does not include any back pay or front pay. Kuper and
CWA agree to hold the Village harmless and to indemnify the Village for
Page 50 of 182
Agenda Item #4.
any tax liabilities to Kuper as a result of the settlement. The settlement
amount will be mailed to Kuper within thirty (30) days of the date that
this agreement is fully executed by the parties.
c. The Village will provide Kuper with a neutral letter from the Village
acknowledging his service with the Village for the dates of his
employment.
6. As further consideration for the items provided for in this Agreement,
Kuper and the CWA hereby release, acquit, satisfy and forever discharge
the Village and its agents, insurers, employees, successors, and assigns
from any and all manner of action, causes of action, suits, grievances,
claims, and demands of any kind, known and unknown, including, but not
limited to the claims made by Kuper in the aforesaid grievance and
arbitration.
7. Each party agrees to bear their own costs and fees, including attorneys
fees.
Agreed to this — /,?— - day of e, ,2019
For the Employee:
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For CWA, Local 3182
pxoo
Richard Poulette, President
For the Villaize -of T
ni-es Weinand, Acting Village
Manager
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Page 51 of 182
Agenda Item #4.
Village
345 Tequesta Drive
'requesta, FL 33469
June 12, 2019
John Kuper
3487 Canal Court
Tecluesta, FL 33469
of Tequesta
561-768-0700
www.tequesta.org
This serves to confirm that John Kuper was employed by The Village of Tecluesta as a Service
Technician I from May 12, 2008 to June 10, 2019.
Sincerely,
famies- Weinai
Acting Village
04 UO I two Lics Vll1La^lt:"O
V *1 c 2 -.'A a y Gr K.- 1-2 *0 1 J 0 olon'son. Abb r, :,I
owl UI -4c
Council Member Laurie Brandon Council Member Kyle Stone
Page 52 of 182