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Home My WebLink AboutDocumentation_Regular_Tab 02_1/9/2020Agenda Item #2. Regular Council STAFF MEMO Meeting: Regular Council - Jan 09 2020 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.) SUMMARY: 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. Air Compressor Works Credit Application, Inc. -Public Works, $N/A; 2. Village of Tequesta & Wendy Miller, Girl Scouts Troop 20111 Sunshade & Water Adapter Agreement, $N/A; 3. John Scott Dailey ROG ADA Training Agreement -Village Clerk, $3,500.00-1 4. Metro Fire Protection Services, Inc. Annual & Quarterly Fire Alarm and Sprinkler Systems Maintenance Services Proposal For Public Safety -Public Works, $720.00 Annually With Repairs Billed At Hourly Rate-, 5. TWA Annual Maintenance Agreement For Kohler Generator -Public Works, $2,200.00-1 6. TAW Portable Diesel Generator Service Proposal -Public Works, $3,135.71-1 7. Triple M Brick Pavers, Inc. Proposal -Public Works, $2,450.00-1 This agenda item is respectfully submitted for your review and approval. Air Compressor Works Credit Application -Public Works Girl Scout Troop 20111 Donation-Publix Works John Scott Dailey ROG Agreement -Village Clerk Metro Fire Alarm and Sprinkler Services (a) Public Safety -Public Works TAW - Annual Maintenance Agreement Kohler Generator -Public Works TAW - Portable Diesel Generator Service -Public Works Triple M Brick Pavers Inc Proposal -Public Works Page 18 of 686 Agenda Item #2. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta ,`fat ;of=rlaG4y e Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Air Compressor Works Credit Application Date: December 16, 2019 561-768-0700 www.tequesta.org This Agenda item is a vendor required credit application to conduct business with Air Compressor Works. Staff utilizes this company for repairs and parts for the compressors at the Public Safety and Services facilities. Executing this credit application is not a guarantee or commitment of services. 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 686 Agenda Item #2. `' 1 AM COMPRESSOR WORKS, Inc. 1956 West 9th Street Riviera Beach, FL 33404 Tel (561) 944-4559 • Fax (561) 844-8247 www.AirCompressorWorks.com Account Application Commercial Business Information Company Name Village of Tequesta Billing Address 136 Bridge Road Tequesta, FL 33469 Service/Ship Address 136 Bridge Road and 357 Tequesta Drive, Tequesta, FL 33469 Phone 561-768-0482 Fax 561-768-0708 DUNS Contact Information PO's required: I Yes No ❑ If yes, list special procedure: Doug Chambers Maintenance contact name: Email; dchambersstequesta.org Purchasing contact name: Doug Chambers Email: dchambers@tequesta.org accept electronic invoices? Yes 0 No ❑Sanet Es Payable contact name: McCorkle Email jmccorkle@tequesta.org Credit Information — Section Required Requested Services: (please check all that apply) Parts ❑ Service Q Equipment Sales ❑ Rental ❑ Installation ❑ Requested Terms: CC on file ❑ Terms ❑ Requested Credit Limit: Pending Order Yes ❑ No ❑ Projected Annual Purchases: Comments: Please provide additional documentation if applicable. List of affiliated companies/facilities, Resale Certificate, Certificate of insurance (rental purpose only), and Credit References. Terms and Conditions Payment is due according to the terms of your invoice. Delinquent accounts will be subject to credit hold, revoked terms, and/or 1.5% finance charge. > Standard terms are Net 10, Capital equipment terms are Net 30. 50% deposit required on all purchases over $5,000.00 for clients with approved terms rior to order submission. Payment in full prior to order submission for non -term customers. A convenience fee of 3% will be included on credit card charges exceeding $3,000.00 and delinquent payments. P. If it becomes necessary to institute a legal action or any legal proceeding to enforce the collection of the account, the account holder agrees to be responsible for all reasonable attorney fees, together with collection costs or expenses incurred, plus prejudgment interest at the highest legal rate until paid in full. If accepted, Air Compressor Works, Inc. credit application becomes a valid, binding contract under Florida State Law. By signing this application you agree to the terms above. Please contact our accounting department for any questions. Payment Remittance Address: 1961 W. 9th Street, Riviera Beach, FL 33404 Name: J qe m i le Date: Signature: Title: V1 aina I - Submit The submit button email's AR@acwus.com or return this do went by fax to�361-844-8247 Page 20 of 686 Agenda Item #2. 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) 768-0440, OR AT Imc►n►illiams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 21 of 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 22 of 686 Agenda Item #2. Village 345 Tequesta Drive Tequesta, FL 33469 P. of Tequest% 'off :or rro4 �� 4a S s Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Girl Scout Troop 20111 Donation Date: December 16, 2019 561-768-0700 www.tequesta.org This Agenda item references a donation from Girl Scout Troop 20111. The Troop, located in Jupiter Florida, donated a sunshade and self service water faucet adapter for the Tequesta Dog Park on Countyline Road. The Public Works Staff installed the sun shade. The donation was part of the Girl Scout Troop Silver Award. The Silver Award is the highest award that a Girl Scout, ages 6-8 may earn. The focus of the award is the Cadette showing they are a leader who is organized, determined and dedicated to improving the community. 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 23 of 686 Agenda Item #2. VILLAGE OF TEQUESTA PUBLIC WORKS SUNSHADE & WATER FAUCET ADAPTER AGREEMENT This Agreement is entered into this 31 st day of July, 2019, effective immediately, by and between WENDY MILLER, Girl Scouts Troop 20111 Leader, an individual who resides at 4022 Community Drive, Jupiter, FL 33458 ("Donor"), and the VILLAGE OF TEQUESTA, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469 ("Village"). RECITALS WHEREAS, the Village operates certain parks and recreational facilities within the Village; and WHEREAS, the Donor desires to donate to the Village a Sunshade and Water Facet Adapter for use by the Village at Tequesta Park and the Village desires to accept same from the Donor ("Donation"); and WHEREAS, the parties desire to set forth the terms and conditions of the Donation in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and value of which is hereby acknowledged, the parties agree as follows: 1. The Donation. The Donor agrees to donate to the Village, as part of a Silver Award Project, and the Village agrees to accept from the Donor, a 10'x13' Sunshade and a Dog Cooling Self - Serve Water Faucet Adapter, which are more particularly described in Exhibit "A" attached hereto. The Donor shall provide all materials in connection with the Donation. The Village's Public Works Department shall install the Donation at Tequesta Park. There are no conditions associated with this Donation. 2. Value of Donation. The parties agree that a reasonable estimate of the total value of the Donation is as set forth in Exhibit "A". If the Donor elects to claim tax benefits associated with the Donation, the Village agrees, upon request, to provide Donor reasonable written verification of the Village's receipt of the Donation and the value thereof; provided, that the Village makes no representations, warranties or guarantees relating to the tax implications of such Donation. 3. Maintenance and Replacement. The Donor and the Village agree that there shall be no obligation of maintenance for the Donation, by either party. The Donor and the Village also agree that the Village shall not be responsible for repairing or replacing defects associated with the Donation, now or in the future. The Donor and the Village further agree that the Village is under no obligation to replace the Donation at the end of its useful life. 4. Governing Law and Venue. This Agreement is governed by and shall be construed according to the laws of the State of Florida. Venue for any dispute arising hereunder shall be in Palm Page l of 4 Page 24 of 686 Agenda Item #2. Beach County, Florida. 5. Binding Effect. This Agreement is binding on the Village, the Donor, and their respective successors, assigns and legal representatives. 6. Assignment. This Agreement shall not be assigned without the express written consent of the parties. 7. Notices. Notice as required in the Agreement shall be sufficient when sent by certified mail or hand delivered to the parties at the following addresses: VILLAGE DONOR Village of Tequesta Wendy Miller, Girl Scouts Troop 20111 Leader 345 Tequesta Drive 4022 Community Drive Tequesta, Florida 33469 Jupiter, FL 33458 Attu: Doug Chambers, Public Works Attn: Wendy Miller 10. Entire Agreement. This Agreement consists of three (3) pages plus Exhibit "A" and constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year Page 2 of 4 Page 25 of 686 Agenda Item #2. first above written. WENDY MILLER Bv:�. Print Name: Wendy Miller Title: Troop Leader 20111 VILLAGE OF TEQUESTA By: Jer y Allen, illage Manager (Village Seal) A EST: � J'�*'U�' �'��:•t �11�. �1�,cv� =; SEAL Lori. McWilliams, Village Clem `•.INCORPORATED 4.A Exhibit A Page 3 of 4 Page 26 of 686 Dqkfioft friffbm WV Faucet Attachment Keep Dogs Cool Outd... https:Uwww.walmart.corn/ip/Dog-Cooling-Self-Serve-Water-Faucet-Att... — Search Q �l i �' NextNey delivery Q Delivering to 33409 roue Quality protein. Shop now �t. 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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) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 32 of 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 33 of 686 Agenda Item #2. Memorandum TO: Jeremy Allen, Village Manager FROM: Lori McWilliams, Village Clerk DATE: November 26, 2019 SUBJECT: The John Scott Daily Florida Institute of Government at FAU Product Description: The John Scott Daily Florida Institute of Government at FAU will offer staff two 2-day sessions of hands- on training on how to create ADA compliant documents. Fee: $3,500 (16 hours of training) Request: I request your signature on the attached contract to allow the Village to enter into an agreement with The John Scott Daily Florida Institute of Government at FAU. Legal has approved the agreement without any changes. Page 34 of 686 Agenda Item #2. The John Scott Dailey Florida Institute of the John Scott Dailey Government at FAU FLORIDA 777 Glades Road, Building 44, Room 277 INSTITUTE OF Boca Raton, Florida 33431 OOVERNMF,NT Phone:561/297-3749 at Florida Atlantic University Email: sshannon@fau.edu Website: fiog.fau.edu LETTER OF AGREEMENT This Letter of Agreement confirms the training services to be provided by the John Scott Dailey Florida Institute of Government (IOG) at Florida Atlantic University for the Village of Tequesta. 1, DATE OF TIME ' WORKSHOP TITLE CONSULTANT FEE WORKSHOPS 1:00 - 5:00 p.m. ADA Compliance-1 Christopher Duncan $ 875 11/6/20 117/20 1:00 - 5:00 p.m. ADA Compliance-2 Christopher Duncan S 875 1 1/9/20 1:00 — 5:00 p.m. ADA Compliance-1 Christopher Duncan S 875 1/10/20 1:00 — 5:00 p.m. ADA Compliance-2 Christopher Duncan ; $ 875 � TOTAI, FEE: 1 $3500 SCOPE of TRAINING: A. THE JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY SHALL: 1. Provide the above mentioned computer training for up to 15 participants. 2. The instructor will provide PDF handouts for duplication prior to the workshop. 3. Invoice the Village of Tequesta upon satisfactory completion of training services. B. THE VILLAGE OF TEQUESTA SHALL: Provide adequate computer space necessary for delivery of training on scheduled dates of training. 2. Provide the IOG with a roster of participants after completion of the workshops. 3. Payment of invoices will be made upon receipt of an invoice and completion of the workshops. Agreed to on behalf of: _ Please return s'� ned co v to the IOG"' Signatures: � Name: Sarah Shannon Director, The John Scott Dailey Florida Institute of Vi a of Tequesta x Government at FAU Date: I November 26. 2019 Page 35 of 686 Agenda Item #2. 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) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 37 of 686 Agenda Item #2. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluestua. a s, r � C Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Metro Fire Alarm and Sprinkler Services Date: December 16, 2019 561-768-0700 www.tequesta.org This Agenda item is a proposal from Metro Fire Protection Services, Inc. for annual and quarterly maintenance for the fire alarm and sprinkler systems in the Public Safety Facility. Services will include inspections, testing and monitoring. The fee for services is $720.00 annually. Repairs will be billed at a rate of $115.00 per hour for normal hours and $175.00 per hour after hours. The Fire and Police Departments will share the costs for these services. 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 38 of 686 Agenda�em #2. AMETREsc 146c O TIRE PROTECTION SERVICES, INC. 4 December 5, 2019 Doug Chambers Tequesta Public Safety 357 Tequesta Drive Tequesta, FL 33469 Dear Doug, Thank you for the opportunity to quote the test, inspection and monitoring services for the fire alarm and fire sprinkler systems at the above listed property. The following is our proposal: Quantity Description of Devices to be Tested 1 Fire Alarm Control Panel 1 Pull Stations 1 Smoke Detectors 1 Water Flow Devices 1 Tampers 2 Speaker/Strobes 1 Annual NFPA 25/72 Inspection & Test 3 Quarterly NFPA 25/72 Inspection & Test 1 Annual NFPA 25 Backflow Inspection & Test Annual & Quarterly NFPA 25/72 Test and Inspections $720.00 per Year 1501 SE Decker Avenue, Unit 522 . Stuart, FL 34994 .772.288.0615 . Fax 772.287.8858 FIRE SUPPRESSION . INSPECTION & TESTING . SERVICE & REPAIR . FIRE SPRINKLERS . ALARMS 73728100012006 FED12-000043 EC13004421 Page 39 of 686 Agenda Item #2. A test and inspection service charge for the Fire Alarm & Fire Protection Systems does not include any local jurisdiction inspection and/or test report submittal fees (if required), or service and repair of the system if necessary. Service and repair shall be invoiced on a time and material basis. Our present hourly rates of service are $115.00 per hour M-F 8:OOAM-5:00 PM (Non -Holiday), and $175.00 per hour with a 3 hour minimum all other times. If you have any questions regarding this proposal, feel free to contact us at your convenience. The success of our business is measured by your satisfaction. Our entire organization is dedicated to the achievement we strive to accomplish through quality products, technology, service, and a sincere desire to please you. Sincerely, Vw 5; QW"94 Metro Fire Protection Services 1501 Decker Avenue, Suite 522 Stuart, Florida 34994 (772) 288-0615 Office (772) 287-8858 Office Fax brendank@mfps.us 1501 SE Decker Avenue, Unit 522 . Stuart, FL 34994 .772.288.0615 . Fax 772.287.8858 FIRE SUPPRESSION , INSPECTION & TESTING , SERVICE & REPAIR , FIRESPRINKLERS , ALARMS 73728100012006 FED12-000043 EC13004421 Page 40 of 686 Agenda Item #2. 1501 SE Decker Ave., Ste. 522 Stuart, FL 34994 METRO I=CCl C PROTECTION Phone (772) 288-GG15 Fax (772( 287-8858 $ERVICES, INC. State Certified Electrical Contrartar's Lirense AEC2300"21 Alarm Services Agreement Customer No. _ This Agreement made as of this day of 1 2019 by and between Metro Fire Prolli Services, Inc. (herein "C)mpany.) and Teguell Public Safety (herein "Subseriber'j, 1. Subscriber agreesto purchase and Company agrees to provide montoring, repair, inspection anddrmsponse services, and/orto sell, install orto cause to be installed the automation, communications, and/or security system (herein sometimes referred to the'System') described in the Recurring Services to be Provided ancilar Schedule of Equipment Sections set forth below (or in a Separately allwhed Schedule of Equipmeni at the premises of Subscriber located at 537 Teauesta Drive Teauesta FI, 33469 (herein the `Premises'y. TYPE OF p DIRECT SALE ❑ EQUIPMENT ONLY XRECURRING SERVICE ❑ MONITOR9NG TRANSACTION ONLY TYPE OF 0 SUBSCRIBER OWNED ❑ BURGLAR ALARM ❑ CCTV Z OTHER Sprinkler SYSTEM {Check all that apply} _Fire El OWNED 21 FIRE ALARM ❑ ACCESS CONTROL Badrflow 23 CENTRAL STATION MONITORING Z INSPECTIONS — FREQUENCY ( ® REPAIR AND SERVICE ADDITIONAL) RECURRING ❑ OPENING; CLOSING ❑ MONTHLY Z QUARTERLY ❑ SEMI-ANNUAL ® ANNUAL SERVICES TO BE ❑ SYSTEM REPAIR AND SERVICE Z COMMUNICATOR TEST —FREQUENCY Daily PROVIDED ❑ RUNNER RESPONSE ❑ CELLULAR BACKUP (Check all that apply) ❑ TWO WAY RADIO BACKUP ❑ OTHER SCHEDULE OF EQUIPMENT SEE ATTACHED 2. It is undershlad and agreed by and between the parties that Company is not the insurer, nor is the Agreement intended to be an insurance policy or a substitute for an insurance policy , Insurance, if arty, will be oblailed by the Subscriber. Charges are based solely upon the value of tine System and/or the services provided and are unrelated to the value of the Subscribers property or the property of others located in Subscribers premises. The amounts payable by the Subscriber are not sufficient to warrant Company assuming any risk of consequential, colisteral, incidental or other damages to the Subscriber due to the System, its installation or the use thereof, or any deficiency, defect or inadequacy of the System or servioesor due to the Company's negligence or falure to perform, except as specil ly provided forin this Agreement Subscrhibefdoes not desire this Agreement to provide farthe liability of Company. and Subscriber agrees that Company shall not be liable for loss or damage due directly or indirectly to any occurrences or consequences therefrom which the System or service is designed to dehecl or avert From the nature of the System provided hereunder or the services to be performed, t is impractical and extremely difficult to roc the actual damages, if any, which may proximately resutimm the active or passive rhegfgence of. or a failure on the part of, Company to perform any of its oblgabons (hereunder, or the failure ofthe SysfomTk property operate. If Company should be found liable for loss or damage due to a failure on the part of Company or the System or services, in any respect such liability shall be limited, solely wrth regard to any RECURRING SERVICE transaction, to an amount equal to fifty percent of one year's recurrrhg service charge or the amounlof 51,000.00, whichever is less, or, solely with respect to a DIRECT SALE transaction, to an amount equal to the purchase price of the equipment with respect to which the claim is made, and regardless of the type of transaction, the aforesaid riabiltty shall be exclusive. The provisions of this paragraph shall apply in the event loss or damage, irrespective of cause ororigin, results dir ifhr or indirectly to person or property from the performance or non-performance of the obligations set forth by the terms of this Agreement or from the active or passive negligence of Company, Its agent or employees. In the event that Subscrtberdesires Company to assume greater liadlity under this Agreement a choice is thereby given ofobtainng full or limited liability by paying an additional amount in proportion to the amount of liability Company will assume. If this option is chosen, an additional rder shall be attached to this Agreement setting forth the additional Iiabitty of Company and the additional charge. 3, If this Agreement is a RECURRING SERVICE transaction, then this Agreement shall begin on the later of the date of completion of installation or the date of commencement of Recurring Services, and shall continue for a period of five years after the first day of the month next following said dale. This Agreement shalt renew automatically for successive periods equivalent in time to the original term thereafter unless either party gives the other party written notice of termination not later than the 31 day before the last day of the then existing tens 4, Subscriber agrees to pay Company the sale andi installation charges irdicated below by paying an amount equal to the deposit indicated below at the time of signing this Agreement and by paying the amount ofthe BALANCE DUE upon completion of the installation. Further, the Subscriber agrees to par to Company the total of the TOTAL 1s lil RECURRING SERVICE CHARGE indicated below, quarterly in advance during the term of this Agreement and any automatic renewals thereat In addition, in the event of termination by the Subscriber prior to the end of the term of the Agreement. the agreed upon damage payments set forth in section 7 hereof, which may be substantial, will become immediately due and payable. 5- The Company dues not representor warrant that the System may not be compromised orercumvented, that the System orservires will prevent any loss by burglary. holdup, fire or otherwise, or that the System or services will in at cases provide the protection for which t is installed or intended. Subscriber assumes all risk of loss ordarrage to Subscribers premises or to his. contents, whether belonging to Subscriber or others, and has not relied on any representations and warranties, express or implied, except as specifically set forth in this Agreement Further, there is expressly, excluded from this Agreement the warranties of merchantability or fitness for a paficular purpose - DIRECT SALE OR INSTALLATION CHARGES RECURRING SERVICE CHARGE Sale or Installation Charges: S NIA Monthly Inspections Charge. $60.00 Use or Safes Tax (if appliaihle): $ Monthly Central Station Monitoring $0 Charge: Other 5 TOTAL MONTHLY CHARGES: S60.00 TOTAL DIRECT SALE OR INSTALLATION CHARGES: 5 TOTAL, % DEPOSIT RECEIVED ( htfA I: 5 Quarterly: $180.00 BALANCE DUE UPON COMPLETION: S Use or Sales Tax (tappleablep, S TED THE TERMS AND COKDf DNS CONTAINED ON THE REVERSE SIDE OF THIS AGREEMENT ARE INCORPORATED HEREIN, AND, BY REFERENCE, MADE A PART HEREOF. SUBSCRIBER ACKNOWLEDGES RECEIVING A COPY OF THIS AGREEMENT AND HAVING READ AND UNDERSTOOD ALL OF SUCH TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, SECTIONS 2, 5, 6, 7, 11 AND 13, WHICH LIMIT THE WARRANTIES, LIABILITIES AND OBLIGATIONS OF COMPANY. A SJt54ED FAXED COPY OF THIS AGREEMENT SHALL BE CONSIDERED AS AN ORMIRALI BINDING AGREEMENT. j Metro Fire Protection Services, Inc. By _Brendan Keough Secady Represenrahim Approved Aullo ad Repreaentalive risk 11 t \ Dete THIS AGREEMENT SHALL NOT BE BINDING UPON THE COMPANY UNLESS APPROVED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF COMPANY, IN THE EVENT SUCH APPROVAL IS NOT OBTAINED, THE SOLE LIABILITY OF COMPANY SHALL BE TO REFUND TO SUBSCRIBER ANY AMOUNT THAT HAS BEEN PAID TO COMPANY BY SUBSCRIBER UPON SIGNING THIS AGREEEMENT. Page 41 of 686 Agenda Item #2. I. 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TERMS AND CONDITIONS APPLYING ONLY TO DIRECT SALE TRANSACTIONS 12. Udipsyrtamn binmadeq Sbwber for MSytmR sae an M Syuonshtl rmoa in M Cmpay. In Mined that Sbsaber Oros nth to pay CaRoy for M Systmn hennpmioed. lam MCarpany mall ham M nghib ewmm so, and as legs and Wadable at aasg tan men nor-ptywit Nowbalmmg eytkg b M cmtwy cmbmd haeit. Cmpoy watts maw" YI as wnanmmam somm, hardware eayar Mnmae coamned at M Brown Uasnot rwae now. an peanad eon be mwrdww a Lay Swe Conner 13. e) The Syttanson bloWoa iswmalbo WAwam b M bMVAng LIMITED WARRANTY 'MSystem awswinednbe teoiondebts b waonddIV tre psadatny(30)drys tan M droolurplaavr ofM kalalabn.No Stand., a my pat tmaot They nranodwlhout M osp—lets mills. apprava d M Ccow. yaawa nib,.-M. by MCmpwy net such SyMen, ray pub aaimf. bar an mbctas baawe dpoer wnrtalmcp a mkXtA matrons. Caymy sloe apteaaryakitrs soloopmn sandoaedw System aeypub6wsedalnsAnoyaew, amp Mt$doeber shot pay*10cp% Warsaw and andat I paamrtMnmeaaaonwtMreplamsniorM mledva3ystma mypats street Tlrt Yfwemy donnotankddbimnnn eymvwn.7lnWwady a voAl nine dahrnse. arias, e6mYhd tes.rey'rq ataato�tlpawn, adtranyrnwn,Cwpaymbmsostwmm System awrypacbhsmfa a as m opcatg pmpedj n e lesaaawnatarM poor wbnwaRpadeicMnatrwa. 0) neb4inen epoahmotr tnaerhda. MnCatpaywataab Ion M nmWlon d M Syaerh n area tanmfetrrtnatnaratp tr a peen away lea) dayttan M drramipefon tl Mmnwwn b M awatatarydera n awa waUegwby.Carpeeysiad cmedwm mlabwaoachsge b M Fiubwbvorq aaag adh tasy(S0) drYPwbd THE AFORESAID WARRANTIES ARE WRESSLY MADE N LIEU OF ANY OTHER WARRANIRES. EXPRESS OR IMPLIED, IT BEING UNDERSTOOD THAT ALL SUCH OTHER WARRANTIES. EXPRESS OR IMPLE0. INCLUDING THE WARRANTES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY MUOED. N NO EVENT SHALL THE COMPANY BE LIABLE TO SUM FOR ANY DIRECT. COLLATERAL. INCIDENTAL ORCOHSEOUE T W. DAMAGES N COm6CTXN WCTNTHE SU WFUSIRS USE OF THE SYSTEM. OR FORANY OTHER CAUSE WHATSOEVER RELATING TO THE SYSTEU. ALL WLiED WARRANRES ARE LIMITED IN DURATION TO THENI ETY(SO) DAYTERM OF THIS EXPRESS WARRANTY AND COMPANY HAS GIVEN SUBSCRISER NO OTIERWARRAMY. Sane seta dr naaMrmstsawtsedMstrgm niteedwimy Itmia Mealmneha tmwwndmOmmta mmeymtaidrmt®w,of, wow bn dslan.basonway naalpy. Thavargpwf SbwbayeaYi.gw ngw lane M Stbwba map law Mar etw ngdt semen vary mom ear b ear TERMS AND CONWONSAPRYNG ONLY TO RECUntTNG SERVCE TRMt3ICTIONS laFamiyueanawad MikrMgFamlyaMwtMray ronhpPradcamaaecttasato Systmasoubnoearng aaFrpma aran,aaedarepboe0: a M mmwtolh aerated MCayry a M Sbsabaq uy otoapay 15. 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RECEilar OFSRDULS.RESPONSETONMMS. s) MONITORNG FACLaTES: The Caymy. a b mspnn. dWdo t* W w p UDonn maapitleaama, sAanawdebnbr, wsMwaa eta rapamm ■Ystae■'■ elm, mneiaby retamaMbMmKa)<avrymrmRRwewn mm..ndM bawhhdrsp+sloeq M Sswba aMnedy Sbwba. a b dasquadryresambw,qmg M taf¢baenrb¢r sppewbon Compwy n ■^log q SWnwtar Red:pwyCatlnledgannarwyasaRWnadepaMbrsst masSNa, arepn M hsawm w/stm. a)tJped rmeptaay gTosdabmaooaoswr ttwnsatrt nabaaem (i) aDovs. MMemaeq F.mfy Ws mawevayrmwasae nssdb eddy Mappnarabpokceaasdgwblent a otvpawmaennw. deayaebd q 9rbwba n.rarg n Caywy, a,+wsave a nsaavbr law b aamoMtw atwgawy aroanoow mlenm Tro HtonbwU FxAy resarw Mriod b wry norm agent M adeasal. a Wha Thai baba W,*igamgaey pasaaws d.W doxt,—any pseasamyaRaunox den bgmwwmaal arwprnrpvamaasbyWAVI M.vw*V In Sbzaba. b) NM40MPANYMONITORING FACILITIES, Sddatrr uavidhtlpn law don up* twNekdtwo M Ftemi es Ad bemmmw n any UaabraVFriday rat operskalbyf Cedpay. t dpa vont a such mentrag Famtm astute rymtathe Carp".nor don and Cmpany Sam* mynmmsbay tr M mmnern Much soh Wuhas mWeerw. a Mnlponse Inset stud c) TELEPHONE LINE SWaba acanae6gn ems d a dads mmmamtr a assume err Madames d tarsateg abrm apes tan M lieaoes b M agalaaceNatp aatpnatt M sidwn tan M 5ystm ere tamm�nbd war Sbwbet'—plan bbphein sewed a M sgnetremwsgaQrymaht and n M scud Subaabat aakpbata eavxee ad a was. dsaraeded, EeCaa ed vanaah a aearwoe nmvpted.rarer son M Systbm w mbenemwwOg M ri�n■HdmimD eQymwl drag awed adwnplwrl r alePllane aurae eon M ntrnpaon wet not ro kmen bCmhpaya M Meamrag Frady. Subsaba tataeWawadpa and aQaei tta ighs:eue lhmoiamdow tdcprom mnpay naawasih ao coley bcYo■d Mmmd sdput6cwrh clM Gmpay law sertoadaaae w0tavxed q M applasble teknaam a uaymgaay. Sbsaaa Lahr wknod opt bag waited tar d¢w Sysbar.O. a be ramwbdb an RJ00(aOpwaWadpawedt sacs Mkcepha» basadpraanb wave an tanbang mamwre Syatmaacmted,aM9wrvilem M Subserberm y awn MM M sown m a wmnefy tdepbme tn. d) FALSE OR NUISANCE ALARMS tlCarpay argowmmenwautwny alpnsMswepahtbrespoM bar Face a Neamm elaenaagkubg komM Prarnn, wide Subwba ntontamSy, asaennayaragaprsynasacaaabd M dram sgW.adCayaymataary ryakmimuwoq M eudmbtm a naoyeem al suewbe. Sbwba ends n a16im bbagrwyaabis traryrd the bat rats her usbwdq M pproprlabgaysmanhladnmy cot myad batch birortrmapay InCenpmy Md. kreseamm/albtenss"nos. .IF RUNNER RESPONSE SERVICE is arasrod.Sawislar trfautaoei wdmwaCerponya bdrtigms,ndargent to abnWawe Maaamclawayperat handnudmoaM Pearosawandauta®tmsrMn irabavcy tan palm ranarabawe q w xadhaaeeraprcwnneaeot Sbwbwa daaaNd abpammabdy; n tl axh ate M Scbvarca wyaasb aaiwmty con tantorrgany war neesgnme,wdtrlar myeawettpbyeassW b souls, hslaesa two add opewta bb#. cost drop a ange nse Qmndeg rwwmae aMmeysbeq n WanowAndooltah ahem awbr tlasmen. T0. Sbawba aoeasMtaCmpwya�wnwa4pmaeHmawbmoWnaupavw.MSytta�s)abtlatat mhnmwa MsdiprapatydMCmpaa7.SDacmarA/met amm�oeradPaaasageQ+pnemapandM aqup+ant low tam tan MFnaw a tanpavwwdn. In Mevsmabs a damape Oft SYsbm«ary icon flead,weaMr Qakng asgbama former, Sumcbanotes bpsy Carpmy M res uvbb oMA ktuwaMmnd rgaws Mreb naebmrwagCmpaty. S.bwbar agwiMtM naaasnmmaM syabrtamra oahsebb M slated nrtays. 21. F REPAIR AFAWR INSPECTION SERVICES wen be kmerod pusoa b SaCtm 1 Nava. S,owbw an oinum and anpowm Co.pary b rya. stw.tt lostand sRvxa M Syaan barman M n-18'JI am. won 590 pmm twMay r.agb Peary esWOnq NaaaweM Sabtnimys. Saved mpcbda r¢gaedatsdr M abwwtaan mry m patrmedm Wyenfs awned a pwCodo, wtntan pravasnq nos. dosed sensces to drwbedn blkwa t) INFECTION SERVICE: TTw Cunpmyw anwge cow Sbana6a b anptct loin was mite naeasry mbar rQrWrnnt bat meld wpapncm cod urpaxotpart. All —Vol anent, mtecbs aM mwacb W b. iwbdandtr snouted ■nap b.aadww apbownddticoysyeelsbsdbyPxvrppka vowlnto Syabn Redtageeap roaainasnotittbded adwabs ctts9ednor upsrby.whantawgthadstbwtaartpbdmwmbb. cowry Throw dpsb. Iodine labor b Mo/sadpss. awe thalaymllastor L ems nteebdn Msawca of REPAIR AND SERVICE. All ryas cod be SOswin" anpow, ssAdug. but not was b, r.patanadbamm, b aslammmey egowsd sgapmant oar M rhaxrawctan a moakabahof. a eataadnsy ryas to. M Symmsrok", w.Mdimaben,ryets bon Syctrndm bckaw ft Pr sametokimesb ackaq¢sa MSysbm,andryesddreog mmdbypsln eta twM Cmpaar(Extowdrmy Reprlj. Sebubaaosmtpanw aymeohe ton ccova yb ape M Syslem aft Syman aMaFiyaaaaq Cmpoy, Calpeq atW Thee rmaAasltea6as b: (a! makes oa■sy ryusb M Syawrtao b mmoi veu wow, M repeats awah aalmbam by MCa pony. and M) duke all Extraordinary Rgmm Mupmseda ram Eatacrmmy Ryes smabe Mmapembltrya5hbwbs. 22. FTIMEMIDUATSMSUME(Whiwwec+va Mpwdwbarasamb3sao.t)wrkwawa.Wmna;1Arcpus.wrn. Laereewp age 42 of 686 anew bat tr arnamwndane mar tr aetviztb Maiaaose. Agenda Item #2. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statures, 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) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 43 of 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 44 of 686 Agenda Item #2. Village 345 Tequesta Drive Tequesta, FL 33469 Y�a� of rro4a� E Q t Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works 561-768-0700 www.tequesta.org Subject: TAW - Annual Maintenance Agreement Kohler Generator Date: December 16, 2019 This Agenda item is for annual maintenance services for the Kohler standby generator at the public services facility. These services will include checking all electrical and mechanical systems to include a four hour load bank test. Cost for these services will be shared by the Fire and Police Departments. The annual cost for services is $2,200.00 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 45 of 686 Agenda Item #2. `�ttfitrij� TAW. /l PERIODIC MAINTENANCE AGREEMENT Engine and Generator Systems October 1, 2019 TEQUESTA PUBLIC SAFETY ("Customer"), of357 TEQUESI'A DRIVE, TLQUESTA, Fluids, 33469 and TAW POWER SYSTEMS, INC., ("Contractor or TAW") of, 6312 781d Street, Riverview Florida, 33578, in consideration of the promises made in this Agreement and intending to be legally bound, agree as follows: RECITALS Customer owns a generator system, together with associated equipment (herein "System"), for use by Customer in providing emergency and other sources of electrical power to a facility or facilities owned or operated by Customer. Contractor is engaged in the service and maintenance of systems like the System owned or operated by Customer and has been requested to provide maintenance and/or testing to the System pursuant to the terms and conditions of this Agreement (the "Services"). MAINTENANCE SERVICES 1. Commetor shall maintain and service the System, consisting of the equipment on Exhibit "A" attached to this Agreement and incorporated herein by reference (the "Equipment"), in accordance with schedule of Scrvices described on Exhibit "A". Contractor shall provide scheduled preventive maintenance, with the schedule to be based on the specific needs of the Equipment as determined by Contractor. In addition, Contractor may provide other remedial maintenance armor testing at Customer's request, as and when needed. Service maintenance and/or testing may include, without limitation, lubrication, a4jostments, testing, and replacement of parts and components deemed necessary by Contractor. Scheduled Maintenance shall include those items of service mWor testing described on Exhibit 'A" attached hereto, to be performed by Contractor at the intervals specified hereon. Other maintenance and/or testing requested by Custom and not described on Exhibit "A" shall Include time items of service requested by Customer and agreed upon by Contractor. EXCLUSIONS I. Unless otherwise agreed by Contractor in writing, the service and maintenance performed pursuant to this Agreement shall not include any of the following. - (a) Electrical work external to the Equipment (b) Furnishing of supplies or accessories. (c) Painting or refinishing the Equipment of Furnishing the material therefore. (d) Making specification changes to the Equipment. (a) Performing services connected with relocation of the Equipment. (1) Repairing damage resulting finun, or furnishing parts required as a result of causes other than ordinary wear and tear €ocluding, without limitation: neglect; misuse, including faulty repair or maintenance by persons other than the Contractor; accidents; Wdare of electrical power, air conditioning, humidity control or events outside the reasonable control ofCoahnctor, such as, but not lknited to, Acts ofCod. (g) Adding, removing, servicing, or maintaining accessories, attachments, or other devices not furnished by Contractor, unless specifically scheduled on Exhibit "A". (h) fathers: PARTS 3. Contractor shall furnish parts as necessary at Contractor's then current scheduled price or on an exchange basis, regardless of when installed and such parts shall be either new or equivalent to new in pericrmance when used in the Equipment. CHARGES 4. (A) Charges for the periodic maintenance described on Exhibit "A" are described herein. (b) Charges for on -call, unscheduled service, or for Services otherwise requested by Customer, shall be at the rates then published and agreed upon by Contractor, in writing. PAYMENT OF CHARGES 5. Customer agrees to pay Contractor immediately upon completion for the scheduled maintenance described on Exhibit "A". Customer otherwise agrees to pay Contractor for all on -call, unscheduled or otherwise Customer requested maintenance charges Immediately on completion unless otherwise agreed by Contractor in writing. If Contractor elects to accept payment from Customer other than on completion for the Services provided pursuvAt to this Agreement, Customer shall promptly comply with terms of payment granted by Contractor. Any payment due, shall entitle Contractor to seek, in addition to the principal amount owed, Interest at eightecu percent (18%) per year or maximum rate allowable by Florida law. TEAM 6. This Agreement shall be effective from the date of its execution by Contractor and Customer and shall remain in force unless terminated, in writing, by either party giving the other thirty (30) days written notice as provided mein. However, the giving of notice of termination shall not relieve or eliminate the obligations of the Contractor and/or Customer occurring before the termination date, unless otherwise agreed by the parties hereto in writing. WARRANTY; LIMITATION Page 46 of 686 Agenda Item #2. 7. (a) Contractor warrants that under normal conditions ofuse and operation. the Services famished pursuant to this Agreement shall be fire from defects in wurkamnsbip and that the parts Runished pursuant to this Agreement shall be free barn defects in worinnanshhip and material. (b) Contractor's obligation under this warranty is limited to the repair or replacement, at its option, of any part that, within ninety (go) days after installation and acceptance, is established by Contractor not to be in conformity with the ixpipmetu manufacturer's pubrahed specifications. Contractor further warrants duet its Services rendered pursuant to this Agreement shall be free of defects in workmanship for ninety (90) days alkr performs ce of Services, but Contractor's obligation shall be limited to correction of the defective workmanship. (c) The foregoing warranty and conditions sludl apply only to any repaired or replaced product, parr, or component supplied by Contractor, together with the wvrivuansldp as provided herein, (d) THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, iNCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (e) Customer agroes that the sole remedies for the breach of any warranties contained is this Agreement are those expressly stated in this pmvisien. Cuslonter further agrees dial in no event shall Cottraotoes liability to Customer for dauatges of any nature exceed cite total dhmrgas paid or payable for either (1) the total charges paid or payable for oil Services during one (1) year under this Agreement if Hie liability arises from the provision of such Services; or (2) the purchase price of then parts if the liability results from the provision of such parts. ACCESS TO EQUIPMENT, PERFORMANCE OF SERVICES; CUSTOMER OBLIGATIONS 8. (a) Contractor's hminteneacc personnel shall have film access to the System and the Equipment for the purpose of providing maintenance service. (b) During de Services provided pursuant to this Agreement as to tbo System, whether an interruption in eketrical services in contemplated by Customer or Contractor or not, as a matter of alkrca* between Customer and Contractor Hie rides associated with an interruption in electical services and/or taking the System oil' line, Customer agrous to use its best of orts to dhlly sad completely secure all or any part of any facility in which the System is located, as the case may be, for any and all safety issues that an electrical service interuption might give rise to, including but not limited to, Wary to building occupants, customertt, invitees, or any Hord party and/or property damage, or we* Interruption, arising out of any event of maintenance or testing performed by Contractor as to the Systehu. Customer agrees with Contractor that securing of the premises in order for Contractor to perform its Services is a material and critical element of this Agreerhent and, prior to the performance of any mminteamhee and/or WAIng Services under this Agreement, Customer will receive aced execute with Compactor a written Notification and Acknowledgement of Inspection and Warring ("Notification") related to the Services provided herein. The Notification shall include ContraeWs estimate as to when interruption of electrkd services may occur during the perfosnance of its obligations under this Agreement. Customer further agrees that Contractor shall have no liability to Customer or any third party for any estimate given in oonnection with potential interruptions in electrical services during the perlbmnance of Contractor's obligations herein, It being acknowledged by Customer flint Contractor's Services am often mf acted by acts of tbhxl parties and/or components or elements f the System that do not allow for mme specific and accurate estimates as to when an otectrical service interruption may occur. DEI AYS 9. Contractor shall not be liable for any delays in performance directly or lad moly restddag from acts of Customer, its agents, emtployees, or subcontractors, or causes beyond the reasonable control of Contractor. "Causes beyond Hie reasonable control of Contractors' include, but are not limited to: (a) Acts of Clod (b) Acts ofa public eneay (c) Ads of the United Statics or the District of Columbia, or any State or Territory of the United States. or any oftheir political subdivision. (d) Fine (e) Flood (I) Epidemics (g) Quarantine restrictions (h) Strikes, civil commmotiotns, or revolutions Ct) Freight crabmilas 6) Unusually scv+aro weatherconditions (k) DefaultofComMactor's subcontractors orsuppliers (1) Normal wear and tear (m) Overloads (n) Improper operation andtor abuse of the System by Customer or other third purees (a) Accidents beyond the tessonable control of Comactor. CONSEQUENTIAL DAMAGn 10. CUSTOMER AGREES THAT CONTRACTOR SHALL. NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFITS, REVENUES, OR ANY OTTIER LOSSES ARISING OUT OF ANY DEFAULT UNDER THIS AGREEMENT, EVEN IF CONTRACTOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IDEMNIixICATION OF CONTRACTOR 11. Customer agrees to defend, hold harmless, and indemnify Contractor, its ollicers, directors, employees and agents for any and all losses, damages, and liabilities, legal or non -legal, arising out of any Werruption in elehetrical services or as to any other incident or event as to the System which is not caused by the williid misconduct or gross negligence of Contractor. Customer further agrees with Contractor that ibis Agreement of Indemnification shall include, without limitation, any artomoy's face, costs or otter legal or non -legal expenses of any description incurred by Contractor. TERMINATION 12. Coauacter shall leave the right to terminate this Agreement in die event any one of the following Instances of default occurs and is not remedied within seven (9) days after receipt ofa written notice thereof (a) Failuto of Cuslomcr• to pay or make financial amutgements satisfactory to Contractor for the Services described herein: (b) Customer's failure to perfoan orobserve any of the terms and eonditicas under this Agreement, including, without limitation, timely payment of any sums dice Contractw, (c) Any assignment o(Cttstotti a business err assets for the benefit ofer�edhors; (d) The fil ing ofa petition in bankruptcy by or against Customer, (e) Tile appointment ofa receiver, trustee in bankruptcy, or alntllar officer to take charge of all or part of Customer's property, (t) Others: P41SCELLANEOUS Page 47 of 686 Agenda Item #2. 13. la addition to the other terms and conditions of this Agreement, Customer and Contractor fiuther agree that the following shall also govern this Agreement: (a) Waiver. No waiver of any of the terms or conditions of this Agreement shall be binding or effective for any purpose unless expressed in writing and executed by the party giving the same. (b) Governing Lair Constitution. This Agreetttent is being delivered and performed In the State of Florida attd shalt he construed in accordance with, and governed by, the laws of the State of Florida Venue of any action related to this Agreement shall be placed In the courts of Polk or Hillsborough County, Florida, exclusively. This Agreement, together with any other documents executed in conjunction with or pursuant to this Agreement shall not be construed against either Customer or Contractor, regardless of which party drafted the Agreement, it being intended this Agreement is the product of infwtned nogotlations between both parties with full knowledge of the meaning of the torms and conditions hereto. (c) Enforcement in connection with say action out of this Agreement, or in any way relating to the transactions contemplated hereby, the prevailing party in such action shall be entitled to recover from the non -prevailing party, all court costs and expenses of litigation, including attormy's fees, court costs, costs of investigation, accounting and other costs reasonably related to the litigation, including, but without limitation, all attorney's fees and costs subsequent to entry of any judgment on behalf of the prevailing party, on appeal, in connection with any bankruptcy proceedings, or in any alternative dispute resolution proceedings. THE PARTIES TO THIS AGREEMENT HEREBY WANE, WITHOUT EXCEPTION, ANY RIGHT TO JURY TRIAL RELATED TO ANY ISSUE OR MATTER ARISING OUT OF OR IN CONNECITON WITH THIS AGREEMENT. (d) Successors and Assigns. All of the terms and conditions of this Agreement, and the rights and obligations of the parties hereunder, shall be binding upon and shall inum to the benefit of the respective heirs, personal roptesentatives, successors and assigns of the parties hereto. (e) Entire Agreement. This Agreement, any Agreements referenced heroin and exhibits attached hereto constitute the entire Agreement and understanding of the parties with react to the transactions contemplated hereby as an exclusive statement, and incorporate and supersede all prior and contemporaneous negotiations, agreements and understandings related to the subject matter heretE This Agreement, referenced Agreements, and exhibits may not be amended, terminated or otherwise modified, except by a written Instrument executed by all of the parties to be bound thereby. (f) Notice. Subject to notice of change of address, in the manner provided in this Paragraph, any notice, request, instruction, or other document to be given under this Agreement by any party to any other party shall be in writing, signed by or on behalf ofthe party giving notice, and shall be deemed to have been given on the earlier to occur of: 1. the date of actual delivery; or 2. five (5) days after the date on which such notice is nailed by United States Mail, postage prepaid to each party at the addresses listed blow; or 3. the date of electronic Acsimile transmission that is verified by the issuance of a successrul facsimile transmission report at the facsimile telephone number for the receiving party, which is currently on file with the sending party; or the business day following the day on which such notice is sett by any next day or overnight delivery service to each party at the address listed below. (g) All scheduled PM appointments canceled by customer when technician arrives at site will be subject to a cancellation fee. A titres (3) hour minimum Service call charge will be charged to customer. If to the customer. TEQUESTA PUBLIC SAFETY A77N: Doug Chambers 357 Tequesta Drive Tequesta, FL 33469 Phone: 561-768-0483 or 561-9455-1389 Enroll: dchambers&egaesta erg If to the Contractor: TAW Power Systems, Inc. Attn: John St. Louis 6312 78th Street Riverview, FL 33569 Phone: 866-860-6267 Fax: 813-217-8074 With copy to: James A. Turner III Tampa Armature Works, Inc. 6312 78ih Street Riverview, FL 33569 Neither party Mall hold the otter in default hereunder without first giving seven (7) days written notice of default and specifying the action required to cure the default. Please print and sip both areas of the costract indodting the Exhibit page. CUSTOMER U• 1L14St. d Signed By: Print dame: CONTRACTOR TAW Power Systems, lac. Date: ► n l 3 i g T By: _Lois Robles As its: Account Representative Where Apatleable and With Customer Written Permission, Contract price Is based on normal badness hours t8:00 AM to 4:30 PM Monday through Frldavl Page 48 of 686 Agenda Item #2. PROPOSAL EXHIBIT A PERIODIC MAINTENANCE PROPOSAL ENGINE -GENERATOR SYSTEMS QUARTERLY INSPECTION Proposal #PR-XXXXX-09092 October 1, 2019 Upon acceptance of this proposal TAW will perform the services listed below, TAW will inspect during business hours at least 4 time each year while this agreement remains In effect. These Inspections will include: Luba, all and filter change (Once/year) Fuel filter change (Once/year) Check air cleaner (Oncetyear) Check coolant level Test anti -freeze and adjust Inspect bells condition Check engine heater operation Inspect air Intakes and. outlets Check transfer tank operation Drain exhaust One Inspect silencer Check battery charger operation and charging rate Check battery electrolyte levels and specific gravity Emergency system operation without load transfer Frequency checklgovemor adjustment "Confirm transfer switch and accessory operation Check alternator charge rate Confirm engine and generator gauge operation Confirm generator controller operation Check unit output voltage and adjust as necessary Check Fuel Tank Level Inspect fuel One and electrical connections Annual Fuel Analysis (Optional $175.00) Annual Oil Analysis (Optional $125.00) Annual Coolant Analysis (Optional $125.00) Annual Resistive Load Bank Test 4 Hour (Optional) Check Interstitialileak alarm in double wall diesel fuel tank (Op* mal $150.00 Once/Year) 'Emergency system operation with bad transferprauowed) HN Annual ASTM DIESEL FUEL. Testing (Optional $476.00) "* Where AnWicable and With Customer Written Permission. Contract price is based an normal business hours t8:00 AM to 4:30 PM Monday through Frldayi Manu� Model Number Location major 3 Each Minor �qurert Sub -Total Kohlerl30DKW 3MREOZD 0729455 Te4ueata S701LOO $128.00 $1,060.09 4-hour load bank - - - - - $1,140.00 SO.00 $0.00 $a 00 $a as $e as son SUS -TOTAL S21200.a0 (r.3i'OW-1=1 �1i1:Rt. (T'gO .ia l'+?;st li9' : i in M I M1, • , • � . 1 Sub -Total: $2,200.00 State Sales Tax- $ CouMv Sales Tax: $ Tatah $2,200.00 Sales Tax is due on all work unless a vatid tax-exempt certiticale is supplied. This proposal is open rat amptance for 30 days. Terme & Conditions: TAW.Perlod1c Maintenance Agreernent & Notill q herein. sal Acceptance 1 p-1- Cu r Date AN Power SysJdTA Inc. Date 19 NON -BINDING IF NOT SIGNED B B TH THE CYSTOMER AND THE CONTRACTOR" 4 Page 49 of 686 Agenda Item #2. 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) 768-04401 OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 50 of 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 51 of 686 Agenda Item #2. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta �oa.af_rrQ� 4 iv fY. t Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: TAW - Portable Diesel Generator Service Date: December 16, 2019 561-768-0700 www.tequesta.org This Agenda item is a proposal from TAW Power Systems for start-up services for the 100kw portable generator purchased through the Military by the Police Department. These services will include coolant, batteries, filters, oil and a 2 hour load bank test. The cost for these services is $3,135.71 and will be paid by the Public Works Department out of the operating budget for Fiscal Year 2020. 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 52 of 686 Agenda Item #2. ,." i'.: TAW Power Systems, Inc- KOHLERGENERATORS TAW POWER SYSTEM INC-POMPANO 1500 NW 15th Avenue Pompano Beach FL 33069 954-977-0202 FAX 954-977-0611 KOHLE'R POWER SYSTEMS DISTRIBUTOR FOR ALABAMA, SOUTH GEORGIA, FLORIDA, LOUISIANA AND MISSISSIPPI, ALSO PROVIDING SERVICE ON KOHLER AND ALL OTHER MAKES AND MODELS. Attention: Doug Chambers PROPOSAL Department of Public works Village of Tequesta Department of Public works Village of Tequesta Date: 9i11i19 136 BridgeRoad SC# P0504 Tequesta, FL 33469 Proposal# PR-91119-09112 For your review and consideration, we are providing a proposal for services requested as described for your. Military Unit Model Cat 3306 Serial Number 49SO3937 DESCRIPTION The following proposal is fill generator with new coolant high extended life, install new oil filter and fuel filter (note all filters didn't cross), install two new 31 series 1100 cca batteries, fill with new oil. Run unit to verify all is operating normally. Perform 2hr load bank test, 25% 30min, 50% 30min, 2 hrs at 75%. Leave the system however the customer request. Depart site. Customer will be responsible for fuel. Parts $ 1,481.50 Labor $ 1,395.14 Environmental Fee $ 115.07 Technology Fee $ - Mileage Charge $ 99.00 Shipping & Handling $ 45.00 Sub -Total $ 3,135.71 Tax $ - TOTAL $3,135.71 Any sales tax due on work will be calculated and included in final invoice unless a valid tax-exempt certificate has been supplied and is on file. Proposal does not include any additional work or material required due to unforeseen problems that may be discovered after work has begun. TAW is not responsible for any permitting that may be required to perform any of the services described above. This proposal is separate from any previous proposal written or implied, and requires authorization and purchase order to proceed. 5- Jobs that require special order parts will not go on the schedule until parts are in at a TAW warehouse. A temporary date may be given and is subject to change. A 25% restocking fee will be charged to all canceled proposals along with any freight charges incurred from any special ordered parts. This Proposal is offered with TAW Power Systems, Inc. PERIODIC MAINTENANCE AGREEMENT/ REPAIRS TERMS AND CONDITIONS. A copy is available upon request. Unless otherwise stated, proposal includes above parts, disposal of all waste materials, shipping/handling and labor to Sincerely, Luis Robles 954-263-1879 CUSTOM ACKNOWLEDGMENT TO PROCEED NAME DATE TITLE P.O. PROPOS GOOD FOR 30 DAYS All TAW plans, specifications, and technical drawings are copyrighted works and contain proprietary know-how of TAW, and Buyer has no right to reproduce, distribute, or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. Page 53 of 686 Agenda Item #2. TAW Power Systems, Inc- KOHLERGENERATORS TAW POWER SYSTEM INC-POMPANO 1500 NW 15th Avenue Pompano Beach FL 33069 954-917-0202 FAX 954-977-0611 KOHLER POWER SYSTEMS DISTRIBUTOR FOR ALABAMA, SOUTH GEORGIA, FLORIDA, LOUISIANA AND MISSISSIPPI. ALSO PROVIDING SERVICE ON KOHLER AND ALL OTHER MAKES AND MODELS Attention: Doug Chambers PROPOSAL Department of Public works Village of Tequesta Department of Public works Village of Tequesta Date: 9111119 136 BridgeRoad SC# P0504 Tequesta, FL 33469 Proposal # PR-91119-09112 For your review and consideration, we are providing a proposal for services requested as described for your. Military Unit Model Cat 3306 Serial Number 49SO3937 DESCRIPTION The following proposal is fill generator with new coolant high extended life, install new oil filter and fuel filter (note all filters didn't cross), install two new 31 series 1100 cca batteries, fill with new oil. Run unit to verify all is operating normally. Perform 2hr load bank test, 25% 30min, 50%Q 30min, 2 hrs at 75%. Leave the system however the customer request. Depart site. Customer will be responsible for fuel. Parts $ 1,481.50 Labor $ 1,395.14 Environmental Fee $ 115.07 Technology Fee $ - Mileage Charge $ 99.00 Shipping & Handling $ 45.00 Sub -Total $ 3,135.71 Tax $ - TOTAL $3,135.71 Any sales tax due on work will be calculated and included in final invoice unless a valid tax-exempt certificate has been supplied and is on file. Proposal does not include any additional work or material required due to unforeseen problems that may be discovered after work has begun. 7 TAW is not responsible for any permitting that may be required to perform any of the services described above. r This proposal is separate from any previous proposal written or implied, and requires authorization and purchase order to proceed. Jobs that require special order parts will not go on the schedule unfit parts are in at a TAW warehouse. A temporary date may be given and is subject to change. Y A 25% restocking fee will be charged to all canceled proposals along with any freight charges incurred from any special ordered parts. This Proposal is offered with TAW Power Systems, Inc. PERIODIC MAINTENANCE AGREEMENT/ REPAIRS TERMS AND CONDITIONS. A copy is available upon request. Unless otherwise stated, proposal includes above parts, disposal of all waste materials, shippingfhandting and labor to Sincerely, Luis Robles 954-263-1879 CUSTOM ACKNOWLEDGMENT TO PROCEED NAME DATE` TITLE & 0166&W P.O. PROPOS GOOD FO 30 DAYS All TAW pions, specifications, and technical drawings are copyrighted works and contain proprietary know-how of TAW, and Buyer has no right to reproduce, distribute, or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. Page 54 of 686 Agenda Item #2. 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) 768-04401 OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 55 of 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 56 of 686 Agenda Item #2. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluesta Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Triple M Brick Pavers Inc Proposal Date: December 16, 2019 561-768-0700 www.tequesta.org This Agenda item references a proposal from Triple M Pavers to repair pavers on the walkways at Village Hall and Public Safety Complex. Roots will be removed and concrete edging replaced with new concrete. Approximately 500' of pavers will be repaired at a cost of $2,450.00 The cost for these services is budgeted in 001-210-546.305. 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 57 of 686 Ac IPLE M K PAYERS INC. Phone: (561) 575-0300 Fax: (561) 277-2536 Email: mmmbrickpavers@gmail.com Address: 15828 92nd Way N. Jupiter, FL 33478 DRIVEWAYS WALKWAYS POOL DECKS PATIOS ASPHALT Customer: Proposal x Contract o Date: 1010912019 Job Name: Village of Tequesta Job Address: Deputy Publix Works Director 345 Tequesta Drive Sales Rep: Gate Code: Te uesta, FL 33469 Dennis 561-818-4447 Phone: Fax: Email: Job Type: 561-768-0483 dchambers@tequesta.org Repair Sunken Walkway Pavers Field Border Laving Pattern Manufacturer Shape: Shape: Color: Color: SCOPE OF WORK • Pick up and repair approximately 500 Sq. Ft. of sunken and unleveled pavers along all walkways and paver entrances; • Roots will be removed 4" under ground and concrete edging will be replaced with new concrete edging: • All areas will be cleaned up; Nate: If any additional square footage for material/labor is required, it will be extra. Any alteration or deviation from the above specifications involving extra costs will become an additional charge over and above the (proposal) contract Total $ 2,450.00 amount and will require a signed change order. Deposit NIA Triple-M-Brick Pavers is not responsible for variation of "color mix" pavers as colors will vary during the manufacturing process; for underground utilities, Upon Material Delivery NIA irrigation or landscaping due to crew work or bobcat service; for efflorescence in brick pavers at install or after installation. Permit will be charged at COST Completion Of Job $ 2,450.00 plus $200.00 PROCESSING FEE (not included in contract price). Contract price is a cash price only. I have read the contract in its entirety and have accepted all pricing, specifications, terms and conditions as set forth. I authorize Triple-M-Brick Pavers to do the work as specified. Payments will be made as outlined above. Triple-M-Brick Pavers Rep. Signature Authorized Signature 10 I lct Date Page 58 of 686 Agenda Item #2. GENERAL CONDITIONS TRIPLE-M-BRICK PAYERS, INC., will also be referred to as "Contractor" and the individual(s) or firm accepting this proposal shall be referred to as "Customer." Once accepted, this proposal shall be referred to as the 'Agreement.' 1. The person(s) accepting this proposal acknowledge authority to do so and acknowledge being the owner(s) or authorized agent of the owner(s) of the property on which the work is being done. It is further acknowledged that Contractor is relying upon this representation. 2. Any items not specifically stated under "site conditions" on the front of this Agreement which are encountered shall be considered as not included in this Agreement and shall be Customers responsibility, This refers to soil conditions or objects above or below ground, such as but not limited to, septic tanks, utility lines, drainage pipe, irrigation pipe, or other obstnlcticn or other unknown ground conditions, such as rock or muck. it is understood and agreed that if any additional work or materials are required thereby to complete the work, Contractor is hereby authorized to do so, and the cost thereof shall be added to the Agreement price. Customer represents having no knowledge of latent conditions which will adversely affect the execution of the work and which have not been disclosed in full to Contractor_ Contractor shall have no responsibility or duly to deal with materials or conditions which it deems to be unsafe or environmentally hazardous. 3. Unless otherwise specified in this proposal, the price does not include building permits. and it shall be the responsibility of Customer to obtain all necessary permits from any governmental agency or authority, including permits for removal of trees, if applicable. Contractor assumes no responsibility with respect to preparation or hiring of Customers documents required under the construction lien law, including without limitation the Notice of Commencement. if survey, geological report, topography maps, or soil report should be required by building department, Customer is to supply same. 4, Customer shall grant Contractor ample access area for equipment, personnel, and materials delivered to the site, and shall furnish adequate water and electric power and shall grant the right to store material and debris during the course of construction. Unless otherwise stated herein, site preparation including removal or protection of !revs, shrubs, or other vegetation, removal, or location of any easements, setback fines, underground sprinklers, utilities, pipelines, septic tanks, or any other improvements affected by this construction shall be done by Customer. Customer assumes lull responsibility for clearance of, or damage to, anything In the area of access, whether it be on Customer's property or that of a neighbor. Contractor is specifically held free of responsibility of damage to landscaping, sod, shrubs, trees, fences, walls, patios, sprinklers, paving, driveways, curbs, sidewalks, septic tanks, utility lines, sewer lines, water lines, or other items above or below ground in the area of access and/or construction. No linish grading, planting, sodding, or seeding shall be done by Contractor. 5. Unless otherwise indicated, the price in this proposal is based upon a single continuous operation, performed in one mobilization, during normal working hours. 11 is agreed that Contractor shall be permitted to perform his work without interruptions or delays or any acts of neglect caused by Customer or Customer's representatives. Work stoppages, additional mobilizations, or work outside of normal working hours caused or required by Customer will be extra charges over and above the proposal amount. Contractor shall have the right to let, assign, subcontract, or transfer this work or any part thereof, or any interest therein, without the consent of Customer. 6. Comractoes payment tars are not cash upon completion of the work In the phases stated above. All past due payments shall bear interest at the highest rate allowable by law. Customer agrees to pay all costs of collection, including attorney's fees at all levels, in the event Contractor deems it necessary to employ collection measures, whelher or not a suit is instituted. Customer shall not incur any expenditures to be charged to Contractor or credited against this Agreement without the previous written consent and approval of Contractor_ 7. Contractor reserves the right at any time to stop work until such time as any past due payments according to the payment schedule of this Agreement are brought up to date or any other obligation of Customer is brought current. Customer expressly agrees that Contractor shall retain title to all materials, equipment, and rerrovables (whether or not installed) until lull payment has been received by Contractor. Customer expressly agrees that Contractor does and shall continue to have permission for entry to or on any premises to remove these articles. without liability to Customer for trespass or otherwise, Payment schedules must be met regardless of the overall incompletion of the Agreement or the necessity of repairing previously completed work. B. Customer has deposited with Contractor an initial deposit as security for full and faithful performance of this Agreement upon Customers part to be performed. If Customer shall fail, refuse, or prevent Contractor from commencing the work which is the subject of this Agreement, said amount shall be retained by Contractor as liquidated damages. h is expressly understood by the parties hereto that said sum is not to be construed as a penalty of forfeiture, but is set out herein and provided as the liquidated damages for the services rendered by Contractor in investigating the Jobsile, preparing the job proposal, and scheduling and obtaining the labor and/or materials for the subject job, 9. Customer agrees to supply Contractor with a current and valid survey of Customer's property. Further, Customer agrees to supply the location, dimensions, and elevations of the project after it is set by Contractor's personnel, and accepts full responsibility for same. All dimensions are approximate with reasonable tolerances either way. Minor variations in location, dimension, or elevations shall not affect the validity of the Agreement. nor Customer's responsibility under it, Unless Customer noliies Contractor of error in writing at lime of layout, Customer accepts full responsibility for work being dome within custamers property lines and, in conformity with locat zoning. Customer shall hold and save harmless Contractor from any liability, to Customer or third person, from construction beyond said property liens. 10 All changes or additions to this Agreement occasioned by Customer or agent of Customer shall be authorized in writing or by a signed change order executed by Customer or his agent and signed by an authorized representative of Contractor, However, should it in the judgment of Contractor or its agents become reasonably necessary to effect certain changes, additions, or deletions in the work to be done for any reason, including but not limited to, existing dimensions, structures, encumbrances, physical properties of the real property or its improvements, landscaping, seawalls, pipelines, wiring, etc., Customer hereby authorizes Contractor to make such changes, modifications. alterations, or additions and agrees to pay for such items upon bitting. Further, in the event Customer occasions changes, additions, modifications, etc., but fails to obtain the execution of a change order, and the work nevertheless is done by Contractor, then in such event, charges for such items shall likewise be due when billed. 11. Unless set iorlh on the front of this Agreement, Contractor has made no warranties or representation whatsoever in connection with the time or manner in which thu above stated job shall commenco or the length of time necessary for completion. In any event, Contractor shall not be liable to Customer or any other party for any losses, costs, or damages whatsoever or howsoever arising due to delays, floods, acts of God, unavailability of labor and/or materials. or for any loss of use of the premises which is the subject of this Agreement, loss of business, or other consequential damages. Customer acknowledges that Contractor is not the manufacturer or supplier of bricks or brick pavers and materials and Contractor does not warrant the bricks or brick pavers and materials from delects or deficiencies in the material not visible upon the completion al the work. The manufacturer may have its own warranty_ 12. Customer shaft indemnity and save Contractor, its employees, officers, and directors harmless from any and all claims, suits, actions, damages, losses, liability, and expense, including reasonable attorney's fees, in connection with the loss of life, bodily or personal injury, or property damage arising from or out of any occurrence in, upon, at, or from the premises which is the subject of this Agreement, or any part thereof, whether occasioned wholly or in part by any act or omission of Customer, their agents, employees, servants, invitees, and/or licenses. Anything contained in this paragraph hereof to the contrary notwithstanding. Contractor shall not be relieved of any liability resulting solely from the negligence of Contractor or its employees. 13. The waiver of any breach of the terms, provisions, conditions, or parts thereof of this Agreement by Contractor or delay or failure to insist on the performance by Customer of same shall not be construed as thereafter waiving any such terms, provisions, conditions, or parts thereof. but the same shall continue and remain in force and effect the same as if no such forbearance or waiver had occurred. Should any particular provision of this Agreement or part thereof be or become illegal or invalid, the samo shall not affect the other provisions contained harem. 14. This Agreement constitutes the entire and only understanding between the parties and all of the terms and conditions of this Agreement are written and printed herein Any promises, representations, understandings, and/or agreements pertaining directly or indirectly to this Agreement or these terms and conditions which are not contained herein are hereby waived. This Agreement shall be binding upon and shall Inure to the benefit of the parties, their heirs, legal representatives, successors, and assigns. Any change order, modification, or additional work shall include and bo subject to all the terms, conditions, and provisions of this Agreement_ Signature Mil Date l (-3 1 1 — Page 59 of 686 Agenda Item #2. 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) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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 60 of 686 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www,w3.org/TR/WCAG/." Page 61 of 686 Agenda Item #2. I z °° a, u � O A C� tn to" w o tn u m � c u a tn X u O 0 > i� J t� r+ 0 u CD O W w' Q] 7.0 Q CAAAg V a `~+ U Q i C 0 y In "I 7 Q� CN 0 N Vl Cli Page 62 of 686