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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_10/10/2019 Agenda Item #4. Regular Council STAFF MEMO Meeting: Regular Council - Oct 10 2019 Staff Contact: Jeremy Allen, Village Manager Department: Manager TITLE 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.) SUMMARY: Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) 1.Burg Famiy & VOT Agreement-Public Works-$N/A; 2.McMahon Associates Supplemental Agreement-Village Manager-$88.45; 3.Molley's Trolleys Rte 1 Quote 146509-Parks & Recreation- $950.00; 4.MoIley's Trolleys Rte 2 Quote 146510-Parks & Recreation-$950.00; 5.Technology Engineering Agreement-Public Works-$7599.60; 6.Zoll Medical Corporation Extended Warranty & Preventative Maint. Contract-Fire Dept.-$3,953.25; POTENTIAL MOTION / DIRECTION REQUESTED: This agenda item is respectfully submitted for your review and approval. ATTACHMENTS: Burg Family &VOT Agreement-Public Works McMahon Associates Supplemental Agreement - Village Manager Molley's Trolleys Rte 1 Quote 146509 - Parks & Rec. Motley's Trolleys Rte 2 Quote 146510 - Parks & Rec Technology Eng - Tequesta Park Irrigation Pump Replacement Zoll Medical Corporation Ext. Warr. & Prev. Maint. Contract-Fire Dept. Page 18 of 414 Agenda Item #4. Village of Tequesta 0.OF.Tio, 345 Tequesta Drive ; ; 561-768-0700 Tequesta, FL 33469 www.tequesta.org aye r, Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Median Removal and Asphalt Replacement Date: September 27, 2019 This Agenda item references an agreement for indemnification related to removing a median and asphalt replacement in the Village of Tequesta right of way at 345 Cypress Drive. The median currently blocks the parking areas in front of the businesses at this location. The property owner, Burg Family LLC have agreed to remove the median and replace with asphalt at their cost. The owner is required to hire a licensed contractor and obtain a permit from the village of Tequesta building department. The public works department will remove and cap the irrigation pipe in the median. There is no monetary compensation associated with this agreement. 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 19 of 414 Agenda Item #4. VILLAGE OF TEQUESTA AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT THIS AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT, hereinafter "the Agreement", is entered se( n into and effective this an day ofAuguet 2019,by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, hereinafter "the Village"; and BURG FAMILY LLC, a Florida limited liability company whose principal address is 5233 Pennock Point Road,Jupiter, Florida 33458, hereinafter "the Contractor"; and who are collectively referred to herein as"the Parties". WITNESSETH The Parties, in consideration of the mutual covenants contained herein and for other good and • valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the Parties, hereby agree as follows: 1. MEDIAN REMOVAL AND REPLACEMENT WITH ASPHALT SURFACE: The Village hereby authorizes the Contractor to remove an existing landscape median in Cypress Drive adjacent to the property located at 345 Cypress Drive and replace it with asphalt surfacing, as more specifically set forth below and depicted in Exhibit"A" to this agreement. The Contractor is fully responsible for all cost and expense, and all labor and materials associated with and required to complete the work contemplated by this agreement, and for completing all such work in a manner that is satisfactory to and accepted by the Village upon inspection. The Village shall have no financial or operational responsibility whatsoever associated with the work contemplated by this agreement; however, the Village shall inspect the work and accept same only upon a determination that the work has been completed to the Village's satisfaction. The following specific conditions and Contractor requirements shall apply to this authorization: • The Contractor shall apply for and obtain a no-fee permit from the Village Building Department prior to the start of any work activity contemplated by the agreement. • The Contractor shall remove the existing curb, gravel, dirt, sod, tree and other debris from within the curbed median. • Before placing the initial base material, the Contractor shall prepare and grade the surface to meet the existing roadway slope. Page 20 of 414 Agenda Item #4. AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT • The Contractor shall furnish and install a 6"thick base course consisting of crushed shell rock.Compaction shall be performed at 2" lifts. • The Contractor is required to have the installed 6" thick base course inspected and approved by the Village of Tequesta Building Official and Public Works Director prior to laying any asphalt. • The Contractor shall install a tack coat between the base course and the asphalt. • The Contractor shall use TRACK-LESS tack. • The Contractor shall use ASCS Type S 3"Thick Asphalt. • The Contractor shall Final Roll the new asphalt surface in order to create a smooth transition from the new asphalt to the existing asphalt. The following specific conditions and Village requirements shall apply to this authorization: • The Village will conduct inspections which must be passed before further work can be conducted by the Contractor. • The Village will cut and cap the irrigation pipe/sleeve in the median. 2. COMPENSATION: There is no monetary compensation associated with this agreement. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall maintain workman's compensation insurance, automobile insurance and commercial general liability insurance in amounts deemed satisfactory to the Village's Public Works Director, and shall name the Village as an additional insured on all applicable liability insurance policies. The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees,from and against any claim,demand or cause of action of whatsoever kind or nature, arising out of any error, omission, negligent act, conduct, or misconduct of the Contractor,or its respective agents, servants, or employees in performance of the activities and work contemplated by this agreement. 4. TERMINATION; NOTICE: This agreement shall automatically terminate upon the completion of Contractor's removal of the landscape median and replacement of same with asphalt,and the approval and acceptance of said work by the Village;however,the Contractor agrees that it shall be responsible for all maintenance and associated expenses with the median removal and new asphalt, and that such maintenance responsibility shall survive the termination of this agreement. The Contractor further agrees that the Village shall have the right to seek financial or equitable or other remedy against the Contractor,its lawful successors and assigns, in the event that the Contractor fails to meet its maintenance obligations as set Page 2 of 5 Page 21 of 414 Agenda Item #4. AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT forth herein. Once the Contractor has obtained the required no-fee permit from the Village to conduct the work activity contemplated by this agreement, the agreement may not be terminated until the contemplated work activity is completed by the Contractor. Notice as may be required by this agreement shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to the VILLAGE As to the CONTRACTOR Village of Tequesta Burg Family,LLC 345 Tequesta Drive 5233 Pennock Point Road Tequesta,Florida 33469 Jupiter,Florida 33458 Attn:Public Works Director Attn:Bobbie Burg, Managing Member 5. AMENDMENTS&ASSIGNMENTS:This agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire agreement and understanding between the Parties; no modifications shall be made to this agreement unless in writing, agreed to by the Parties, and attached hereto as an addendum to this agreement. The Contractor shall not transfer or assign the rights granted to it in this agreement without prior written consent of the Village. 6. 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. 7. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes,the Contractor must keep and maintain this agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Village's custodian of public records,the Contractor must provide the Village with copies of requested Page 3 of 5 Page 22 of 414 Agenda Item #4. AGREEMENT POR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT 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, the Contractor shall ensure that any exempt or confidential records associated with this agreement or associated with the performance of the work described herein 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, the 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 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 lmcwilliams a,tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. [Remainder of page intentionally left blank] Page 4 of 5 Page 23 of 414 Agenda Item #4. AGREEMENT FOR INDEMNIFICATION RELATED TO MEDIAN REMOVAL AND ASPHALT REPLACEMENT IN WITNESS WHEREOF,the Parties hereto have executed this agreement the date and year first above written. WITNESSES: BURG FAMILY,LLC de*11. r obbie Burg,Managing Memb X (Corporate Seal) ATTEST: VILLAGE OF TEQUESTA GinPladtaa"'A WIUIIIIIro Lori McWilliams, MI ,E,QF T'''',, Je • �y Alle , nage Manager Village Clerk \, bBPoq•'Q�' s �•• (Seal) !Nc0A oAL � -/RATED/ 4 I \�P`' I ,b1p",,,,�. • • Page 5 of 5 Page 24 of 414 Agenda Item #4. Exhibit A -354 Cypress Drive Median ,� VIP"' .., - . "',rem • �,+ r W. 350 CYPRESS 4- DR OR 111110'' Y i T r 'r *-:' s 351 0 RESS `"w: • _ lb, 9F _ J v CYPRESS '"te . AMP "�"„ Ilk \ . 10)- } AVE .rte -----..E .t Page 25 of 414 Agenda Item #4. �qG OF .-rFQG : Ir. �cti COUNj4fr Memorandum To: Honorable Mayor and Village Council From: Jeremy Allen, Village Manager, Administration Date: September 26, 2019 Subject: Tequesta Drive Golf Cart Evaluation Analysis—Meetings/Expenses McMahon Project No. M11172.15 In regard to the captions project, I respectfully submit this item as it pertains to meetings &coordination expenses incurred during the Tequesta Drive Golf Cart Evaluation Analysis. Attached is a copy of McMahon's Associates Supplemental Agreement in the amount of$886.45 outlining the services provided. Funding for these services is available in Account#001-160-534.300. Thank you. Page 26 of 414 Agenda Item #4. .14m ♦AJ:HKJN McMAHON ASSOCIATES, INC. 2090 Palm Beach Lakes Boulevard,Suite 400 West Palm Beach,FL 33409 TRANSPORTATION ENGINEERS&PLANNERS p 561-840-8650! f 561-840-8590 PRINCIPALS Joseph J.DeSantis,P.E.,PTOE John S.DePalma Casey A.Moore,P.E. Gary R.McNaughton,P.E.,PTOE September 17,2019 Christopher J.Williams,P.E. ASSOCIATES John J.Mitchell,P.E. R.Trent Ebersole,P.E. VIA E-MAIL Matthew M.Kozsuch,P.E. Maureen Chlebek,P.E.,PTOE Dean A.Carr,P.E. Allen Jason T.Adams,P.O.,PTOE Jeremy Christopher K.Bauer,P.E.,PTOE Village of Tequesta FOUNDER 345 Tequesta Drive Joseph W.McMahon,P.E. Tequesta,FL 33469 RE: Tequesta Drive Golf Cart Evaluation Analysis—Meetings/Expenses McMahon Project No.M11172.15 Dear Mr.Allen: McMahon Associates,Inc.(McMahon)is pleased to provide this proposal for traffic engineering services associated with permitting golf carts to travel along Tequesta Drive from Country Club Drive to Point Drive(study segment). The scope of work includes the following tasks: SCOPE OF WORK TASK 1—MEETINGS/COORDINATION/EXPENSES McMahon staff will be available to attend meetings or coordinate on the project at the request of Village staff. Project expenses will be included,as needed. The services to be performed pursuant to this agreement are strictly limited to those expressly set forth herein. The lump sum fee for the above-mentioned services is$886.45. If additional services are required that exceed those identified in this Scope of Work, a supplemental agreement will be submitted to the client for review and approval prior to the commencement of arty additional tasks. Additional services will commence upon written authorization to proceed by the client. Engineering I Planning I Design I Technology mcmahonassociates.com Page 27 of 414 Agenda Item #4. Jeremy Alen September 17.2019 Page 2 We greatly appreciate the opportunity to present our proposal on this project and look forward to working with you. Sincerely, e • Natalia T.Lercari,P.E. Senior Project Manager NTL/cec F:\FL\11172M_Village_Of_Tequesta_TransportationServices\11172M_15_TequestaDrGolfCartEvaluation\Project_Management\Proposals\PropJA091719.docx Page 28 of 414 Agenda Item #4. MCMAHON ASSOCIATES,INC. STANDARD PROVISIONS FOR PROFESSIONAL SERVICES JANUARY 2019 The following per hour rates will apply to actual time devoted by McMahon staff to this project. McMahon reserves the right to make adjustments for individuals within these classifications as may be desirable in its opinion by reason of promotion,demotion,or change in wage rates. Such adjustments will be limited to the manner in which charges are computed and billed and will not,unless so stated in writing,affect other terms of this Agreement,such as estimated total cost. The following ranges of rates will apply to actual time devoted by McMahon staff to this project computed to the nearest one-half hour. PERSONNEL HOURLY RATES Field Personnel $ 50.00 Survey Technician $ 70.00-$80.00 Technician/Admin I-V $ 70.00-$110.00 Party Chief/Chief of Surveys $110.00-$140.00 Engineer/Planner I-VI $115.00-$165.00 Senior Engineer/Planner I-VIII $170.00-$235.00 Associate/Sr.Associate $240.00-$250.00 Principal $260.00 TERMS 1. Payment: Payment is due upon receipt of invoices within 30 days. Client agrees to pay interest at the rate of 1 and 1/2%per month on invoices that are more than 30 days past due. After 30 days past due,McMahon may suspend services and refuse to release work until Client has paid all amounts due. If payment is not made in accordance with the Agreement,Client agrees to pay reasonable attorney's costs and fees incurred by McMahon to collect payment. 2. Drawings,Sketches and Specifications: All drawings,sketches,specifications and other documents in any form,including electronic,prepared by McMahon are instruments of McMahon's services,and as such are and shall remain McMahon's property. Upon payment in accordance with the Agreement,Client shall have the right to use and reproduce the documents solely for the purposes of constructing,remediating,using or maintaining the project contemplated by the Agreement. The documents are prepared for use on this project only and are not appropriate for use on other projects,any additions or alterations of the project,or completion of the project by others. Use of the documents in violation of this paragraph without the express written consent of McMahon is prohibited and shall be at Client's sole risk. Client agrees to indemnify,defend and hold harmless McMahon from any claims,damages,losses,liabilities and expenses arising from such prohibited use. 3. Fees and Schedule: Fees and schedule commitments will be subject to change for delays caused by Client's failure to provide specific facilities or information,or for delays caused by third parties,unpredictable occurrences or force majeure. 4. Termination: No termination of this Agreement by Client will be effective unless Client gives seven days prior written notice with the reasons and details,and McMahon is afforded an opportunity to respond.Where the method of payment is a lump sum,Client agrees that the final invoice will be based on services performed to the effective date of cancellation,plus an equitable adjustment to provide for costs McMahon incurred for commitments made prior to cancellation. Where the method of payment is time and materials,Client agrees that the final invoice will include all services and direct expenses up to the effective date of cancellation plus an equitable adjustment to provide for costs McMahon incurred for commitments made prior to cancellation. 5. Confidentiality: Technical and pricing information in this proposal is the confidential and proprietary property of McMahon and is not to be disclosed or made available to third parties without the written consent of McMahon. 6. Insurance: McMahon will maintain at its own expense Worker's Compensation insurance,comprehensive general liability insurance and professional liability insurance. 7. Approvals: McMahon does not represent or warrant that any permit or approval will be issued by any governmental or regulatory body. 8. Professional Standards: McMahon will perform its work in accordance with generally accepted professional standards. There are no other warranties,express or implied. This Agreement is solely for the benefit of the Client and its successors. There is no third- party beneficiary of this Agreement. 9. Expert Witness Fees: Client agrees to pay reasonable expert witness fees if McMahon or any of its employees are subpoenaed to testify as a fact or opinion witness in any court proceeding,arbitration or mediation to which Client is a party. 10. Hazardous Waste: Unless otherwise provided in this Agreement,McMahon shall have no responsibility for the discovery, presence,handling,removal or disposal of hazardous materials or underground structures at the project site. 11. Assignment: Neither the Client nor McMahon shall assign this Agreement without the written consent of the other. i/adm/General/Misc/2019 Rates/Stndprv0120 January 2019.docx Page 29 of 414 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 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 Imcwiiiiams@tecauesta.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 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 30 of 414 Agenda n Item #4. Village Of Te Parks &Recreation Department Date: 9/5/19 To: Jeremy Allen, Village Manager Cc: Debra A. Telfrin, Executive Assistant From: Greg Corbitt, Director of Parks & Recreation RE: Molley's Trolleys Agreement for Tequesta Fest Please place the following proposal on the September 2019 Council Meeting Constant Agenda. The following proposal from Molley's Trolleys for Tequesta Fest 2019. The cost is $950.00 Page 31 of 414 Agenda Item #4. 0 Molly's Trolleys Quotation of Service 800 Twenty Third Street Trip Date:Saturday,November 30,2019 West Palm Beach„FL 33407 Trip Type:Shuttle 561-838-9511 I mollystrolleys.com Trip Category:Charter info@mollystrolleys.com Payment Terms: Billing Account FEIN:: 82-5329770 Confirmation #: 146510 Customer:Village of Tequesta Pick-up Time: 11:30 AM/ 11:30 Passenger(Total):Village of Tequesta(1) Drop-off Time: 6:30 PM/ 18:30 Vehicle Type:Trolley Corporate Client: Ref. PO/Cost Code: 18333 Fax#: Ordered By: Wendy Schmidt Preferences: 11am- 2 Trolleys arrive at** Main Street(b/w Tequesta Dr&Bridge Rd)= Event Drop off! *Lead Driver to call Wendy and let her know trolleys have arrived*Trolley stop signs will be already be PUT OUT by Tequesta! (Troy to return them at end of night)11:05-11:25am- Each Driver to do dry run of each of their route to see the Trolley Stops11:30-6pm-Trolleys to constantly shuttle around provided route to: 1 Main St at Paradise Park Event Runs 12-5pm *Drivers try picking up at Designated Stops only, but to use judgment and Make Exceptions with riders as needed. Posted LAST Trip Back: 6pm6pm- Drivers wait until 6:06p&Depart. On last loop, Drivers are to pick up Trolley Stop Signs6:15p- Lead Driver to check in w/Wendy to deliver signs at Main St(where Trolleys checked in)-&receive final permission to departYellow Route— Driver Cynthial. North gates of Tequesta Country Club (Country Club Dr&North PI)2. Fairway North&River Dr3. Northview Park( River Drive at View Place)4. Southview Park ( River Drive at Golf Place)5. Boat dock&ramp on River Dr (River Drive&Club Place)6.Golfview Dr&El Portal7. South gates of Tequesta Country Club (Tequesta Dr&Country Club Dr)8.Tequesta Dr &Point Dr9.Tequesta Dr&Dover Rd -Then To Main Street at Paradise Park! Trip Routing Information Pick-up: 11/30/2019 11:30 AM/ 11:30(Sat) - Main St. Round-A-Bout-Tequesta Drive&Bridge Dr,Tequesta, FL, 33469 United States Drop-off: 11/30/2019 6:30 PM/ 18:30(Sat)- Main St. Paradise Park Estimated Charges Base Charges: 1000.00 Discount: -50.00 TOTAL: $950.00 Terms&Conditions THIS IS NOT A VALID RESERVATION.THIS IS ONLY FOR QUOTATIONS ONLY FOR A BOOKING CONFIRMATION PLEASE CALL OFFICE OR ASK FOR OUR CC AUTH FORM....We require a $250 deposit per vehicle($500 for 2 vehicles,etc.)to reserve the vehicle(s)for your event. For weddings and special events,final balance is due 10 days prior to your event. For corporate events,we will bill you for the balance after your event. Please note: although we have sent you a quote for the above date and vehicles,only a Booking Confirmation from Molly's Trolleys definitively reserves r vehicles for that date. e. iegy,i AIl�!n 'Dal- II atie Ma nae` Date Printed: 08/14/2019 Page 32 of 414 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 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.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 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 33 of 414 Agenda Item #4. Village Of Tequesta Parks &Recreation ent Date: 9/5/19 To: Jeremy Allen, Village Manager Cc: Debra A. Telfrin, Executive Assistant From: Greg Corbitt, Director of Parks & Recreation RE: Molley's Trolleys Agreement for Tequesta Fest Please place the following proposal on the September 2019 Council Meeting Constant Agenda. The following proposal from Molley's Trolleys for Tequesta Fest 2019. The cost is $950.00 Page 34 of 414 Agenda Item #4. 0 Molly's Trolleys Quotation of Service B00 Twenty Third Street Trip Date: Saturday,November 30,2019 West Palm Beach„ FL 33407 Trip Type: Shuttle 561-838-9511 I mollystrolleys.com Trip Category: Charter info@mollystrolleys.com Payment Terms: Billing Account FEIN::82-5329770 Confirmation #: 146509 Customer: Village of Tequesta Pick-up Time: 11:30 AM/ 11:30 Passenger(Total): Village of Tequesta(1) Drop-off Time: 6:30 PM/ 18:30 Vehicle Type:Trolley Corporate Client: Ref. PO/Cost Code: 18333 Fax#: Ordered By: Wendy Schmidt Preferences: 11am- 2 Trolleys arrive at** Main Street(b/w Tequesta Dr&Bridge Rd)= Event Drop off! *Lead Driver to call Wendy and let her know trolleys have arrived*Trolley stop signs will be already be PUT OUT by Tequesta! (Troy to return them at end of night)11:05-11:25am- Each Driver to do dry run of each of their route to see the Trolley Stops11:30-6pm-Trolleys to constantly shuttle around provided route to: 1 Main St at Paradise Park Event Runs 12-5pm *Drivers try picking up at Designated Stops only, but to use judgment and Make Exceptions with riders as needed. Posted LAST Trip Back: 6pm6pm- Drivers wait until 6:06p&Depart. On last loop, Drivers are to pick up Trolley Stop Signs6:15p- Lead Driver to check in w/Wendy to deliver signs at Main St(where Trolleys checked in)-&receive final permission to departPink Route— Driver Troy1. Gallery Square2A&2B-Stops along Riverside Dr, between Riverside Oaks Entrance&Tequesta Dr3. Pinewood Trail&Beechwood Trail4. Pinehill Trail West&Seabrook Rd5. Westwood Ave&Seabrook Rd -Then To Main Street at Paradise Park! Trip Routing Information Pick-up: 11/30/2019 11:30 AM/ 11:30(Sat) - Main St. Round-A-Bout-Tequesta Drive&Bridge Dr,Tequesta, FL, 33469 United States Drop-off: 11/30/2019 6:30 PM/ 18:30(Sat) - Main St. Paradise Park Estimated Charges Base Charges: 1000.00 Discount: -50.00 TOTAL: $950.00 Terms&Conditions THIS IS NOT A VALID RESERVATION.THIS IS ONLY FOR QUOTATIONS ONLY FOR A BOOKING CONFIRMATION PLEASE CALL OFFICE OR ASK FOR OUR CC AUTH FORM....We require a $250 deposit per vehide($500 for 2 vehicles,etc.)to reserve the vehicle(s)for your event. For weddings and special events,final balance is due 10 days prior to your event. For corporate events, we will bill you for the balance after your event. Please note: although we have sent you a quote for the above date and vehicles, only a Booking Confirmation from Molly's Trolleys definitively reserves your vehicles for that date. i eremy Alter) te. Date Printed: 08/14/2019 Page 35 of 414 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 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.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 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 36 of 414 Agenda Item #4. Village of Tequesta 345 Tequesta Drive li ; 561-768-0700 Tequesta, FL 33469 www.tequesta.org 441/.441 7�N Cou" Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Tequesta Park Irrigation Submersible Pump Replacement Date: September 27, 2019 This Agenda item references a proposal to replace the submersible irrigation pump, motor and associated equipment at Tequesta Park. The irrigation system sustained a lighting strike damaging the lightning protection, submersible pump, motor, wiring and associated electronics in the controller. Technology Engineering was selected to replace the equipment. Funding for this project is available in the Public Works budget, Fiscal Year 2019, account 001-210-546.309 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 37 of 414 Agenda Item #4. Contact: Doug Job Name: Irrigation Pumps' repairs— Date: August 09, 2019 Chambers Tequesta Park Company: Village of Site Address: 2280 County Line Rd., Bid Exp.: September 09, Tequesta Tequesta, FL., 33469 2019 Phone: (561) 945-1389 Email: dchambersna tequesta.orq Estimator: Irving Martinez Scope of work: NORTH PUMP STATION • Electrical supplies: o NEMA 4X weather-proof enclosure $ 574.19 o Voltage monitoring relay: $ 335.63 • 3 phase/480V • Checks phase sequence and loss • Voltage supply range+10%- 15% • Labor: o Installation and testing of pump controls $ 180.00 SOUTH PUMP STATION • Crane on site to pull pump out of the well and re-install after motor replacement $ 525.00 • 7.5 HP/3 phase/460 Volt. Submersible motor $2,008.07 • 7.5 HP/90 GPM Wet-End $1,757.88 • New submersible wire for motor $ 75.00 • Water-proof electrical splice for motor $ 55.00 • Electrical supplies: o Surge arrestor for control panel $ 793.08 • 3 phase/480V • Voltage protecting range 1500V. • Discharge current 10kA c Voltage monitoring relay: $ 335.63 • 3 phase/480V • Checks phase sequence and loss • Voltage supply range+10%- 15% • Plumbing supplies: o 42 feet of 2"galvanized pipe $ 330.12 0 2" HD—spring check valve $ 120.00 o Sanitary well seal $ 45.00 • Labor: o Two men on site for electrical connections, programming of controls $ 465.00 • Well rehabilitation via chemical application—VALUE OF $600.00 $ 0.00 TOTAL... $7,599.60 1 Page 38 of 414 Agenda Item #4. 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. carry 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 authority to authorize payment on behalf of the client named above. Owner or Agent Signature: 1,- Date: e l ) S I L Owner or Agent Name: _ e. 1 Title: et II a V . 1 t cz er V HS Representative: Date: 08/09/2019 Representative Name: Irving Martinez Title: President 2 Page 39 of 414 Agenda Item #4. Janet McCorkle From: Janet McCorkle Sent: Wednesday, August 14, 2019 4:17 PM To: 'Jayne Prindible' Cc: Doug Chambers Subject: FW:Amps RE: FW: Irrigation Pumps - Request For Proposal Hi Jayne, The deadline for the Proposal for Irrigation Pumps at Tequesta Park has passed. We will keep you in mind for future projects and hope you participate in future proposals. Thank you. Janet McCorkle, Admin. Assist. Village of Tequesta. 136 Bridge Road Tequesta, FL 33469 561-768-0482 561-214-2199 From:Janet McCorkle Sent: Wednesday,August 14, 2019 1:47 PM To: 'Jayne Prindible'<ampsjlp@gmail.com> Subject: RE:Amps RE: FW: Irrigation Pumps - Request For Proposal Hi Jayne, The Request for Proposal for irrigation pumps at Tequesta Park are due today. The deadline is 3:00pm. Thank you. Janet McCorkle, Admin. Assist. Village of Tequesta. 136 Bridge Road Tequesta, FL 33469 561-768-0482 561-214-2199 From:Janet McCorkle Sent:Tuesday,August 13, 2019 11:32 AM To: 'Jayne Prindible'<ampsilp@gmail.com> Subject:Amps RE: FW: Irrigation Pumps- Request For Proposal Page 40 of 414 Agenda Item #4. VILLAGE OF TEQUESTA Public Works Department Request for Proposal Date: August 9, 2019 Project: Irrigation Pumps Location Tequesta Park Contractor Amp_s, i/1C Email C1m25.� egivoi , CE:n Contact Person: _`-jc&yne Phone - L}-ci� Z (ILl Description: Please quote the Following Equipment to include all Labor for a complete installation, including start-up, testing and warranty 1. South Pump • Crane to pull old pump and install new • 7.5 hp / 3phase/ 460v Submersible pump • 7.5hp /90 GPM Wet-End • New Submersible wire for motor • Waterproof electrical splice for motor Surge Arrestor for Control Panel: • 3 phase/480v • Voltage protecting range 1500v • Discharge current 10kA Voltage Monitoring Relay: • 3 phase /480v • Checks phase sequence and loss • Voltage supply range +10% -15% Page 41 of 414 Agenda Item #4. Plumbing Supplies • 42' of 2" galvanized pipe • 2" HD spring check valve • Sanitary Well Seal 2. North Pump Electrical • NEMA 4x weather-proof enclosure for the following: Voltage monitoring relay • 3-phase/480v • Checks phase sequence and loss • Voltage range +10% -15% A Site visit is recommended. Contact Janet McCorkle: jmccorkle(a�tequesta.orq Proposals are Due Wednesday 8-14-19 by 3pm Doug Chambers Department of Public Works Director Doug Chambers, Director of Public Works: 561-768-0483 Page 42 of 414 Agenda Item #4. Janet McCorkle From: Janet McCorkle Sent: Wednesday, August 14, 2019 4:15 PM To: 'ctrlinedrilling@aol.com' Cc: Doug Chambers Subject: RE: Centerline Drilliing RE: Irrigation Pumps - Request For Proposal Hi Kim. The deadline for the Proposal for Irrigation Pumps at Tequesta Park has passed. We will keep you in mind for future projects and hope you will participate in future proposals. Thank you. Janet McCorkle, Admin. Assist. Village of Tequesta. 136 Bridge Road Tequesta, FL 33469 561-768-0482 561-214-2199 From:Janet McCorkle Sent: Wednesday, August 14, 2019 1:47 PM To: 'ctrlinedrilling@aol.com'<ctrlinedrilling@aol.com> Subject: FW: Centerline Drilliing RE: Irrigation Pumps-Request For Proposal Hello Kim, The Request for Proposal for irrigation pumps at Tequesta Park is due today. The deadline is 3:00pm. Thank you. Janet McCorkle, Admin. Assist. Village of Tequesta. 136 Bridge Road Tequesta, FL 33469 561-768-0482 561-214-2199 From: Doug Chambers<dchambers@tequesta.org> Sent:Tuesday, August 13,2019 1:33 PM To:Janet McCorkle<jmccorkle@tequesta.org> Subject: RE: Centerline Drilliing RE: Irrigation Pumps-Request For Proposal Page 43 of 414 Agenda Item #4. eaY4'% x;91 3 VILLAGE OF TEQUESTA Public Works Department Request for Proposal Date: August 9, 2019 Project: Irrigation Pumps Location Tequesta Park Contractor Ceill4rl111e6(--t 1nA 7t c Email (i-A-( 1ll1�L O.Ct ccit-, Contact Person: k i nn Feder Phone �(ol - TALI-(f, Description: Please quote the Following Equipment to include all Labor for a complete installation, including start-up, testing and warranty 1. South Pump • Crane to pull old pump and install new • 7.5 hp / 3phase/ 460v Submersible pump • 7.5hp /90 GPM Wet-End • New Submersible wire for motor • Waterproof electrical splice for motor Surge Arrestor for Control Panel: • 3 phase/480v • Voltage protecting range 1500v • Discharge current 10kA Voltage Monitoring Relay: • 3 phase /480v • Checks phase sequence and loss • Voltage supply range +10% -15% Page 44 of 414 Agenda Item #4. Plumbing Supplies • 42' of 2" galvanized pipe • 2" HD spring check valve • Sanitary Well Seal 2. North Pump Electrical • NEMA 4x weather-proof enclosure for the following: Voltage monitoring relay • 3-phase/480v • Checks phase sequence and loss • Voltage range +10% -15% A Site visit is recommended. Contact Janet McCorkle: jmccorkle@tequesta.org Proposals are Due Wednesday 8-14-19 by 3pm Doug Chambers Department of Public Works Director Doug Chambers, Director of Public Works: 561-768-0483 Page 45 of 414 Agenda Item #4. G . OF 4.9 EYP, a ffg s itZp la ` 'i=` 4v Ch C-0-U14.1. Memorandum To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manage From: James Trube, Fire Chief s Date: September 20, 2019 Subject: Zoll X Series 1 Year Exte ded Warranty and Preventive Maintenance The Fire Department is in possession of three (3) Zoll X Series Defibrillator Systems. Each year we are afforded the opportunity to purchase a 1 Year Extended Warranty for each defibrillator. The cost of this warranty is $1,087.75 per unit, or $3263.25. We are also afforded the opportunity to purchase a 1 Year / 1 Preventive Maintenance Per X Series defibrillator agreement. The cost of this Preventive Maintenance agreement is $230.00 per unit or $690.00. The total cost under this 1 Year Extended Warranty and Preventive Service Agreement is $3,953.25. This cost has been budgeted and will be paid from FY 19-20 Budget, Account Number 001-192-552.312. It is respectfully requested the Agreement be executed by the Village Manager. Page 46 of 414 Agenda Item #4. ZOLL ZOLL Medical Corporation 269 Mill Road Chelmsford,MA 01824-4105 EXTENDED WARRANTY&PREVENTIVE MAINTENANCE CONTRACT (978)421-9655 Main (800)348-9011 Tequesta Fire&Rescue(Customer#101191) (978)421-0022 Fax Attn: Jim Trube (561)575-6250 / jtrube@tequesta.org Bill To: Tequesta Fire&Rescue Ship To: Tequesta Fire&Rescue 357 Tequesta Drive 357 Tequesta Drive Tequesta,FL 33469 Tequesta,FL 33469 From:Ken Massone QUOTATION: 00027630 Senior Service Contracts Representative Quote Date: September 13,2019 (978)421-9587/kmassone@zoll.com Quote Pricing: Valid for 60 Days PM Contact:Jim Trube- (561)575-6250 Jtrube@tequesta.org X Series Part No Description Contract Dates Qty Price Adj.Price Ext.Price 8889-0001 1 Year Extended Warranty-ZOLL X Series 10/01/2019 3 $1,145.00 $1,087.75 $3,263.25 Includes:Discounts of 20%on new cables,25%on lithium to SurePower Batteries. Shipping and use of a Service Loaner 09/30/2020 during repairs,no charge shipping.Extended warranty is a continuation of the EMS One Year Product Limited Warranty. Serial Number(s):AR13J005916,AR13K006091& AR13K006113 8889-1991 1 Year,1 Preventive Maintenance Per X Series 10/01/2019 3 $230.00 $230.00 $690.00 PM pricing is based on purchase of the extended warranty. to It is the customers responsibility to ensure covered 09/30/2020 equipment is available for service at scheduled times within the term. Serial Number(s):AR131005916,AR13K006091& AR13K006113 TOTAL: $3,953.25 COMMENTS: 1.Applicable tax will be added at the time of invoicing. 2.Payment terms are Net 30. 3.5%Multi-Unit Discount. TERMS&CONDITIONS:The terms and conditions of this contract are set forth in the attachments.By signing this contract,Customer acknowledges having read the terms and conditions and agrees to be bound by them. ZOLL Medical Corporation Tecluesta Fire&Rescue Signature: Authorized Signature: , Name: Ken Massone P- Name reply r !C e&&p Title: Senior Service Contracts Representative -• - • Q Date: 09/13/19 sate: ,I `/7--1 Page 1 of 3 P.O.# Page 47 of 414 Agenda Item #4. ZOLL Medical Corporation Quote No:00027630 EXTENDED WARRANTY&PREVENTIVE MAINTENANCE CONTRACT for Tequesta Fire&Rescue Preventive Maintenance Terms and Conditions 1. Preventive maintenance("PM")will be invoiced upon ZOLL's receipt of quote with an authorized signature(the"PM Contract")and,if available, a purchase order. 2. Any PMs that remain unused as of the end of a one-year PM contract will be forfeited and no monies will be refunded to the customer.Any VMs that remains unused as of the end of the initial term of the Multi-year PM Contract will automatically roll over into the next year of the PM Contract. Any PMs that remains unused as of the end of the second and subsequent years of the PM Contract,will be forfeited and no monies will be refunded to the customer. 3.if the customer purchases new ZOLL equipment,unused PMs will be transferred to the new equipment at the end of the factory warranty. 4. If ZOLL determines during the course of performing PM that a repair is required and the device is not covered under warranty,ZOLL will request customer authorization in order to repair the device. S. Upon the customer's request,a loaner will be provided free of charge pursuant to ZOLL's Loaner Policy.The loaner will be provided for use while the device is being serviced by ZOLL. • 6. It is the customer's responsibility to ensure devices covered by the PM Contract are available for Preventative Maintenance at the scheduled times. • • Page 2 of 3 Page 48 of 414 Agenda Item #4. ZOLL Medical Corporation Quote No:00027630 EXTENDED WARRANTY&PREVENTIVE MAINTENANCE CONTRACT for Tequesta Fire&Rescue Extended Warranty Terms and Conditions 1. The ZOLL Extended Warranty("EW")extends the term of ZOLL's Factory Warranty by the number of years selected by the customer. EW coverage commences upon the expiration of the Factory Warranty,and is subject to the terms and conditions contained in the Factory Warranty. The EW does not apply to accessories. 2. The price of the EW will be invoiced upon ZOLL's receipt of quote with an authorized signature from the customer and,if available,a purchase order from the customer. 3.The EW is not transferrable and cannot be cancelled. However,if the customer replaces equipment covered by an EW with new ZOLL equipment,upon customer's request,the remaining time under the EW will be transferred to the new equipment at the end of the factory warranty.All requests to transfer the remaining balance of an EW must be submitted in writing to the ZOLL Service Contracts department within 60 days of date of shipment of new equipment.Failure to submit EW transfer request will result in the forfeiture of remaining EW. 4. If the customer has a claim under an EW,customer must call the ZOLL Help Desk(800-348-9011)to arrange for a Return Authorization in advance of sending the unit for evaluation at ZOLL Headquarters. 5. All repairs are performed at ZOLL headquarters in Chelmsford,MA.If a unit needs to be repaired,upon the customer's request,a loaner will be provided free of charge pursuant to ZOLL's Loaner Policy. 6. If no claims are made under the EW during the EW period,the purchase price of the EW is not refundable. • Page 3 of 3- Page 49 of 414 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 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.org, OR AT 345 TEQUESTA DRIVE,TEQUESTA, FLORIDA 33469. Page 50 of 414