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Home My WebLink AboutDocumentation_Regular_Tab 05_2/13/2020Agenda Item #5. Regular Council STAFF MEMO Meeting: Regular Council - Feb 13 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.) 1. Berntsen International Credit Application - Public Works, $N/A; 2. Dive Rescue International Host Agreement - Fire Department, $N/A; 3. Tequesta Tire Annual Fleet Maintenance Contract Extension - Public Works, $Existing Rates; 4. Trench Plate Rental Company Credit Application - Public Works, $N/A; 5.TRB Management Building Inspections & Plan Review Services - Building Department, $Hourly Rates/Exhibit A. Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) 1. Berntsen International Credit Application - Public Works, $N/A; 2. Dive Rescue International Host Agreement - Fire Department, $N/A; 3. Tequesta Tire Annual Fleet Maintenance Contract Extension - Public Works, $Existing Rates; 4. Trench Plate Rental Company Credit Application - Public Works, $N/A; 5.TRB Management Building Inspections & Plan Review Services - Building Department, $Hourly Rates/Exhibit A. This agenda item is respectfully submitted for your review and approval. ATTACH MENT9�:-, Dive Rescue International Host Agreement -Fire Department Berntsen International Credit App Packet Tequesta Tire Contract Extension for Fleet Maint Trench Plate Rental Co Credit App Packet VOT &TRB Management, Inc Building Inspections & Plan Review Services. Contract -Building Dept Page 31 of 557 Agenda Item #5. To: Thru: From Date: Memorandum Honorable Mayor and Village Council Jeremy Allen, Village Manager James B. Trube, Fire Chief January 13, 2020 Subject: Acceptance of Dive Rescue International Host Agreement The Village of Tequesta Fire -Rescue has an opportunity to enter into an Agreement with Dive Rescue International to host a Floods and Moving Water training course to be held on April 6-8, 2020. This course will be open to First Responder agencies county -wide. Upon the receipt of 15 paid registrants, the hosting department may enroll up to 5 participants at no charge. This will avail Tequesta Fire -Rescue to excellent training with no budgetary impact on the Village. It is respectfully requested this Agreement be entered into naming Tequesta Fire -Rescue as Hosting Agency. Page 32 of 557 Agenda Item #5. ❑1 I� IESIUE HOST AGREEMENT This is an agreementImade on December 9, 2019 between Dive Rescue International and Tequesta Fire Rescue, the hosting agency. ii a agree, and our agencies agree, to be the host for the training course entitled Floods and Moving Water to be held in Tequesta, FL on April 6-8, 2020. I understand Dive gescue International will provide the following: . Qualified Instructor or Instructors. Registration of students and collection of tuition. Instructor fees, travel, and expenses. Custom training materials and/or textbooks. Specialized training equipment as required for the course. Customized brochure, marketing material and support. 11 Screening ofparticipants to ensure membership with a public safety agency. 4. Certificate of Completion awarded to students performing at an acceptable level. A once -time 10% discount for equipment purchased from Dive Rescue International. This purchase must be made within 90 days of the class and applies to current retail Host responsibilities: Complete and return all paperwork. Act as a contact for inquiries concerning local information. . Promote and publicize the course to other public safety agencies. Instructor transportation to and from the airport and during his/her stay. Arrange for all instructional facilities which include classroom, audio/visual equipment, and training sites, as outlined in the Program Information Guide. I understand that the preferred class size for the Floods and Moving Water course is 20 participants. The tuition for this course is $4( 115 (US Funds) per student. Upon the receipt of 15 paid registrations the hosting department may enroll up to 5 participants at no charge. A minimum of 10 paid tuitions will be required for this course to proce l as scheduled. I understand that if �Iicancel the scheduled courses by March 16, 2020, I will have no financial obligation to Dive Rescue International. However, if cancellation is made after this date, I agree to compensate Dive Rescue International for an i non-refundable preparation, shipping, or travel expenses. I have carefully readi this statement and understand and accept my obligations as the host. I J/w y Authorized Representative Jaclyn Strauss Director of Education Operations Q�1 f,+ �.,, 1`► Dive Rescue International 'Pr -kit Name Print Title December 9, 2019 1 ::)0afo Date Date Page 33 of 557 Ag nda Item #5. DI)Ai RES&, E �� -1 OBJECTIVE Floods are one of the throughout the world. becoming a more comr their rescue providers t scope of a flooding incic Floods can vary in dura conducting rescue and Prepare for these spec manage safe floodwa- program should be prel CERTIFICATION Floods and Moving certification. FLOODS AND MOVING WATER Program Information Guide :ading causes of loss of life and property recent years this type of natural disaster is i scenario and communities are demanding prepared. Due to the potentially enormous it, planning is critical to your team's success. n and intensity, but many of the concepts for )overy operations are similar. hazards by learning how to organize and rescue operations. Participants in this ed for multiple in -water scenarios. This is equivalent to a Swiftwater Rescue I RECOMMENDED FOR Dive teams, water rescue teams, law enforcement officers and fire service personnel DURATION II 3 Days/24 Hours TUITION D $405.00 (US Funds) pelt student CLASS SIZE The optimal number of students is 20 (15 paid/5 free to hosting agency). A minimum of 12 stude 1�ts is recommended for quality. I PREREQUISITES All students must be a 18 years of age. This program is des Participants are eni completing the IADRS of 13 MET (Metabolic E fitness questions or cot water training. Particip this program as surfai instructor. of a public safety agency and at least ed for personnel who are physically fit. iraged to participate after successfully atermanship Test or testing to a fitness level iivalents) or greater. Participants with aerobic :rns should consult their physician prior to in- s who have poor aerobic fitness may attend support personnel with the approval of the Tics • Hydrology/Dynamics of Moving Water • Preplanning Swiftwater Operations • Site Survey • Hazard Identification • Personal Protective Equipment • Rope & Rigging Tactics • Knots • Survival Float & Swim Techniques • Mechanical Rigging. Systems • Locating Hidden Obstructions • Use of Inflatable Boats • Low -head Dams • Swiftwater Search Techniques • Rescue Tactics • Risk Benefit Analysis Schedule DAY 1 8:00-8:30 Registration 8:30-12:00 Classroom 12:00-1:00 Lunch 1:00-5:00 Field Exercises DAY 2 8:00-12:00 Field Exercises 12:00-1:00 Lunch 1:00-6:00 Field Exercises DAY 3 8:00-2:00 Field exercises 2:00-3:00 Lunch 3:00-5:00 Review, final exam, and closing Page 34 of 557 Agenda Item #5. MANDATORY HOST EQUIPMENT (Please Initial Each Item) � 1 inflatable boat I) _lam 1 oxygen and FirstIAid kit CLASSROOM EQUIPMENT (Please Initial Each Item) OYL The classroom should be large enough for the class being hosted. The room should be well lit and ave adequate air-conditioning/heat. The classroom should have the ability to be darkened with blinds, curtains, or other material to allow viewing of projected images. A table with chain for each 2-3 students is the preferred option. This allows for adequate room to pread out class material. A table should be set up at the front of the classroom for instructor materials. Desks are an acceptabl ie option for students if tables are not available. A dry erase boa 1d with markers, cleaner, and eraser located at the front of the classroom is ideal. chalkboard with chalk !and eraser is an acceptable option. A powerpoint pr jector should be attached to a computer that is capable of projecting from a USB rive or a CD/DVD. 11 kL11— - A large projecticI screen for should be placed in the front of the classroom. A white classroom wall can be an excellent substitute for a projection screen. If using a classroom wall choose an area approximately 5-6' wide��and 4-5' in height. A television and IiDVD player with appropriate connecting cord should be available. Large classes Over 30 students) will irequire a video projector or multiple televisions. If using multiple televisions, an adequate number/lengtl1s of connecting cables and a video splitter will be required. Elevated stands for the television (s) should be /available. An extension cord should be provided for the television. The television and DVD should be tested prior to the instructor's arrival and placed in the front of the classroom. OPEN -WATER SELECTION Julithout Class II -III white water strainers or other surface obstructions is recommended. The river bottom should be clear of obsb uctions. A stretch of river approximately 200-300 yards long without down river hazards is needed. A water depth of 5 feet at mid -river is desirable. The river should be between 75- 200 feet wide. Large diameter trees (12-20") are needed on both sides of the river within 20-30 feet of the river's edge. These trees are used as anchors for high -line systems. If no trees are available, other structures such as steel structural supports, bridge abutments or other solid anchors may be suitable. If no such natural or manll made anchors exist, access for vehicles to park on at least one side of the river will be needed. The shoreline on both sides should not be overgrown with brush. This will allow access to the water by back-uq safety personnel and for boat launching. See the Swiftwater Rescue Site Profile for more detailed information. ADDITIONAL CONSIDERATIONS Essential Considerations • Instructor transportation to and from the airport and during his/her stay • Facilities to clean, dry and store equipment Recommended Considerations • Refreshments - i.e.11coffee, juice, donuts or muffins during class and practical sessions • Lunch at open -water r site Dive Rescue International 800 248-3483 DiveRescuelnti.com 11 Page 35 bf 557 Agenda Item #5. 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 36 of 557 Agenda Item #5. "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 37 of 557 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of - . �r �A a` s 4 � tout Utilities Department Memorandum To: Jeremy Allen, Village Manager 561-768-0700 www.tequesta.org From: David Tinoco, Water Distribution and Storm Water Superintendent Subject: Berntsen International, Inc. Credit Application Date: January 28, 2020 The following Agenda Item references a Credit Application from Berntsen International, Inc. Berntsen International, Inc. requires the Village of Tequesta to complete the Credit Application in order to purchase from this company. Berntsen International, Inc. sells survey markers which are utilized to mark water mains, stormwater mains and the Village's fiber optic line. David Tinoco Superintendent Water Distribution and Storm Water Village of Tequesta 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 557 Agenda Item #5. BERNTSEN INTERNATIONAL INC PO BOX 8670 MADISON , WI 53708-8670 CREDIT APPLICATION PLEASE PRINT OR TYPE TYPE OF BUSINESS FIRM Name: Phone Number Area Code Village of Tequesta 5ql-768-0484 Address - Street Address City State Zip Code Years Business 345 Tequesta Drive, Tequesta. FL 33469 1 EstabL�. 62 Name and Tinle of Company Partner Owner Offrer tf,rspal Jeremy Allen, Village Manager ❑ ❑ 0 Tax Tpxable Tax Exempt Federal Phone Number Area Code Status © [3 Identification# 59-60440$1 ( } 561-768-0482 Name and Tide of Person Annual Sates AutharzodtoPurchase David TIROCO Volume E-Irr c, Zrauaucot Number. Number of Purchase Orders 13hii C3nfum Yes No Employees: All Purchases 11 WE OPERATE AS 0 AN INDIVIDUAL Ej A PARTNERSHIP A NON-PROFIT ORGANIZATION A CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF IF INDIVIDUAL OR PARTNERSHIP, FILL OUT PERSONAL HISTORY SECTION, THIS COMPANY IS f NOT (drda one) OWNED OR CONTROLLED BY A PARENT COMPANY. IF OWNED BY A PARENT COMPANY, ENTER IN THE BLOCKS BELOW THE NAME AND MAIN OFFICE ADDRESS OF THE PARENT COMPANY. Parent Company Name (If required from above) Parent Company Main Address Accounts Payable Contact - Name Accounts Payable Phone Number Kellie Citti 561-768-0426 AmZunts Payable Email Address: — kcitti@tequesta.org imccorkle@tequesta.org BANK REFERENCE CREDIT LIMIT REQUESTED: S NAME OF BANK BANK PHONE NUMBER TD Bank 561-838-2245 ADDRESS STREET CITY STATE ZIP CODE BANK ACCOUNT NUMBER 2130 Centre Park West Drive, WPB, FL 33409 CREDIT OR TRADE REFERENCES To speed the approval process, please be sure that all references are current and have valid contact names CREDITOR OR FIRM NAME ADDRESS ACCOUNT NO. Advantage Bundling 2228 Page road Ste 103. Durham, NC 27703 CONTACT PHONE NUMBER FAX 866-286-3546 CREDITOR OR FIRM NAME ADDRESS ACCOUNT NO. Nozzle Nolen 341 Old pixie Hwy. Tequesta, FL 33469 CONTACT PHONE NUMBER FAX 561-746-3928 CREDITOR OR FIRM NAME ADDRESS ACCOUNT NO. Public Super Market P.O. Box 32009, Lakeland, FL 33802 CONTACT PHONE NUMBER FAX 877-333-7585 5iignabim and Customer Agreement: Applicant hereby certifies that the information contained herein is complete and accurate to the best of my knowledge. This Information has been furnished with the understanding that it is to be used to determine the amount and conditions of the credit to be extended. Furthermore, [ hereby authorize the financ€21)nstitutions and trade references listed In this credit application to release necessary Information to the company for which credit Is being applied for, in order to verify the information contained herein. Applicant understands that Bemtsen International, Inc, will retain this application whether or not credit is approved. If approved, FIRM (or individual, if no FIRM is named) named above agrees to pay within 30 days of invoice date, and accepts all Terms & Conditions on next page. Name: Tifle: V,X A (- Authoriz �ignature: Lev-c ,,{ c Date of Applicatiarr (Not Required by Municipal, State and Federal Agencies) Page 39 of 557 Agenda Item #5. TERMS AND CONDITIONS L PRICE, TAMES: THE PRICES OF THE PRODUCTS SPECIFIED HEREIN ARE SUBIECT TO CHANGE WITHOUT PRIOR NOTICE TO PRICES IN EFFECT ATTHE TIME OF EACH SHIPMENT. In addition to the prices Wecif[ed herein, the amount of any present or future tax applicable to the sate, purchase, manufacture. delivery, use, handling or consumption of products or services hereunder shall be pail by the BUYER. * DELAYS, ALLOCATION: SELLER shall not be liable for any failure or delay in delivery due In whole or in part to fires, floods, accidents, riots derrsonstrations acts of God, declared or undeclared war, strikes or other labor ififficulties, shortage or unavailability of fuel power, raw materials or supplies, production breakdowns, delay or failure of usual sources of transportation, requirements or requests of any government or subdivision thereof or acts, demands, orders, or in erposttions of any government or arry subdivision thereof or agent thereof which makes performance commercially impracticable or arty other cause beyond the SELLER'S control. Under any such rdrcrrmstances SELLER shag have such additional time within which to perform this contract as may be reasonably necessary and may, without nability for any failure to perform the contract, allocate its available supply among any or all BUYERS, Including subsidiaries, affiliates and departments of SELLER, in such a mamrer as SELLER. in its sole discretion, may select SE1ER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR FAILURE OR DELAY IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE WHATSOEVER. * WARRANTY: SUM warrants that all products sold hereunder shall be free from defects In materials and wolonanshfp and shag conform to the description and specifcadons on the face product invoice. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WRITTEN OR ORAL. INCLUDING THAT OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR APPLICABLE PRODUCT WARRANTIES PUBLISHED AND SO DESIGNATED BY SELLER. BUYER shag notify SELLER Immediately of any defective product or products not meeting specifications. SELLER will be given a reasonable opportunity to fnspect the goods prior to reu m. No product maybe returned by BUYER until after receipt by BUYER of written shipping hrsbi cdons. BUYER'S REMEDY AND SELLER'S LABILITY SHALL BE LIMITED SOLELY TO REPLACEMENT AT ORIGINAL POINT OF DELIVERY, REPAIR OF, OR REFUNDING THE PURCHASE PRICE OF ANY DEFECTIVE PRODUCT OR PRODUCTS NOT MEETING SPECiFUCAT;M. AT SELLER'S OPTION. SELLER SHALL NOT BE LiABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ANY COURSE OF DEALING BETWEEN THE PARTIES TO THE CONTRARY NOTWITHSTANDING, ANY CLAIM FOR BREACH OF WARRANTY OR NEGLIGNECE FAILURE OR DELAY IN DELIVERY OR OTHEWISE SHALL BE DEEMED WAIVED BY BUYER UNLESS PRESENTED IN WRITING TO SELLER WITHIN SIXTY (60) DAYS FROM DATE OF DELIVERY UNLESS MODIFIED BY THE GENERAL PRICE DATATERMS FOR THE APPLICABLE PRODUCT. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING SEUER'S LABILITY. 4. CREDITS, PAYMEN TTERMS: Initial tams of payment shag be as set forth an the faux of product invoice. Remittances shag be as charted by SELLER BUYER agrees that payment to a bards or ftosltory designated by SELLER shall not constitute payment In full or a final settlement of BUYER'S account until accepted as such by SELLER notwithstanding any language to the contrary on BUYER'S dmedc, draft or other order. THE MAXIMUM LAWFUL SERVICE CHARM are applicable to unpaid invoices from the due dates thereof. BUYER agrees to pay SELLER'S cost of collection, If any, on overdue Invoices Including reasonable attcmey's fees. if the financial responsibility of BUYER ls unsatisfactory to SELLER'S Credit Department, becomes impaired, or If BUYER fails to make any payment In accordance with the terms of this contact, SELLER may at its sole option defer or decline to mako arty shipment hereunder except upon receipt of security satisfactory to SELLER or cash payment In advance of delivery. or SELLER may terminate this contract, in which event all remaining unpaid amounts arising from this, as well as any other contacts) will Immediately became due and payable, S. TITLE, RISK OF LOSS: We to products produced and shipped hereunder and risk of loss shall remain in SELLER until delivery is made in accordance with Paragraph 10 herein. If products are held or stored by SELLER at the request of the BUYER, title shag transfer to BUYER upon SELLER'S receipt of payment of Invoice. If BUYER'S credit at any time becomes unsatisfactory to SELLER as provided in Paragraph 4 hereof and SELLER declines to make shipments except upon receipt of satisfactory security or cash payment advance, tide to the products shag not transfer to BUYER will such seaalty or cash payments are received by SELLER. The same shag apply to SELLERS Invoice for raw materials or goods in process which SELLER elects to sell pursuant to Paragraph 13 here6L ANY INSOLVENCY PROCEEDING S CONCLUSIVE PROOF THAT THE BUYERS CREDIT IS UNSATISFACTORY. 6. INFRINGEMENT. Products sold hereunder may be used and resold without further permission with respect to SELLER'S proprietary right (patenits, trademarks, copyrights and trade secrets), but no other license is granted under sold rWft SELLER agrees to indemnify, save harmless and defend BUYER against all daims of proprietary rights infringement under United States law because of SELLERS OR BUYER'S mam&acWM use or sale of any product said hereunder, In the form so sold, except any product which is manufactured or sold by SELLER to meet BUYER'S specifications or requirements and is not part of SELLERS standard line offered in the usual courser of business. to the case of such excepted product BUYER agrees to Indemnify, save harmless and defend SELLER against all such claims of Infringement If any product sold hereunder shall include printed or graphic matter approved by BUYER, irrespective of the origin of the matter, BUYER agrees to Indemnify, save harmless and defend SELLER with respect to claims of infringement of proprietary rights orof unfair competition because of such matter. lithe BUYER uses or sells abroad arry product said hereunder BUYER agrees to indemnify, save tiarmdess and defend SELLER against any charge of Infringement of any foreign proprietary rights Canoerri ft the product. 7. ADVICE BY SELLER: SELLER'S giving or failing to give any technical or other advice shag not Impose any liability on the SELLER. B. SHIPPING TOLERANCE The total order and each delivery hereunder shag be subject to SELLER'S published shipping tolerances in effect at times of delivery. lithe products covered hereunder are not listed in the SELLER'S publications, then the total order and each delivery shag be subject to a shipping tolerance plus or minus 109L 9. EQUIPMENT. Any equipment (Including dies, tools, printing plates or cylinders, etc.) which SELLER constructs or acquires soteiy for use In the production of products ordered hereunder shall be and remain SELLERS property and SELLER'S sole possession and control. Any charges made by SELLER therefor" be only for the use of such equfprrment and shall confer on BUYER no right of any kind with respect to such equipment When SELLER has not made shipments to BUYER for products to be made with such equipment for a period of one year, then after 30 days written notice to BUYER, SELLER may make such disposition of equipment as it considers appropriate. Until the expiation of any such one year period, SELLER shag deep such equipment available for the production of products by SELLER for BUYER. 10. DELIVERY TERMS: Delivery Tees, as stated on the Invoices, are defined as follows: F.O.B. DESTINATION: SELLER will bear transportation charges to the SHIP TO location served by common carte where BUYER or his designee takes ou stody of the products, when custody Is taken at a point within the United States, excluding Alaska and Hawaii. If SELLER permits BUYER to designate saute, method or agency (cannon carrier only) of transportation, BUYER will be Invoiced for the difference between the transportation charges incurred by SELLER and an amount determined by multiplying the quantity shipped by the lowest available rate, whether carload or buMoad. No transportation allowance will be made for BUYER pkkup at any point F.O.B. SHIPPING POINT: BUYER will bear all transportation charges, and he or his designee will take custody of the products at the SHIPPING POINT. OTHER DEIVERYTERMS are as stated on the face of each Invoice and as further defined in SELLER'S price catalog. ALL DELIVERY TERMS ARE SURIECTTO CHANGE WITHOUT NOTICE TO THOSE IN EFFECT AT THE TIME OF SHIPMENT. 1L EARLY SHIPMENT- SELLER reserves the right to ship up to 14 calendar days prior to the Estimated "ping Schedufe. IL DEFERRAL OF SHIPMENT: BUYER may defer the shipment of products for a term agreed to by both parties in writing If such an agreement is readied prior to scheduled shipment Products shall be Invoiced immediately and shall carry a storage charge to be billed monthly. BUYER assumes all risks of product deterioration that might occi beyond 30 days from the originally scheduled shipping date. Upon advance written notice to SELLER, BUYER may Inspect any held material within 10 days of receipt of invoice. FAILURE TO INSPKT SHAD. CONSTITUTE A WAIVER OF ANY RIGHT TO REECT SHIPMENTS AT A LATER DATE ON THE BASIS OF PRODUCT DETERIORATION. 13. CANCELLATM& Upon acceptance of a written cancellation notice from BUYER, SELLER will cancel the order as Instructed, however, SEDER shall have the right to continue the processing of the materials or articles to the point at which the processing an be halted with the least Inconvenience to SELLER under the circumstances. cancellation charges shall be invoiced to the BUYER. 14. WAIVERS: No waiver by SELLER of any breach of any provisions hereof shag constitute a waiver of any other breach or of such provision. SELLER'S failure to object to provisions contained in any communication from BUYER shall not be deemed an acceptance of such provisions or as a waive of the provisions of this contract. Page 40 of 557 Agenda Item #5. 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 lmcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Page 41 of 557 Agenda Item #5. 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 42 of 557 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of A :ita��XIL ��y-._CQUt1 Tequesta Public Works Department Memorandum To. Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Annual Fleet Maintenance Contract Extension Date: January 24, 2020 561-768-0700 www.tequesta.org This Agenda item references a recommendation to extend the existing Annual Fleet Maintenance Contract with Tequesta Tire Company Incorporated. In 2016 The Village of Tequesta Council approved a three year competitively bid contract, Request for Proposal 05-16 with Tequesta Tire Company Incorporated. In addition to the initial three-year contract term, the contract may be extended for up to two additional one year terms. My recommendation is to extend the contract for one year at the same contract rates. 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 43 of 557 Agenda Item #5. FIRST ADDENDUM TO THE CONTRACT FOR FLEET MAINTENANCE AND REPAIR BY AND BETWEEN THE VILLAGE OF TEQUESTA AND TEQUESTA TIRE CO., INC. THIS FIRST ADDENDUM, made and entered into this _ day of February 2020, effective retroactively to December 9, 2019, by and between the Village of Tequesta, Florida, a municipal corporation organized and existing in accordance with the laws of the State of Florida with offices located at 345 Tequesta Drive, Tequesta, FL 33469, hereinafter referred to as the "Village", and Tequesta Tire Co., Inc., a Florida corporation with offices located at 350 Cypress Drive, Tequesta, Florida 33469, hereinafter referred to as the "Contractor", both of whom agree that the current "Contract for Fleet Maintenance and Repair" (hereinafter the "Contract"), made and entered into by the Village and the Contractor on the 91' day of December, 2016, is hereby amended in the following manner: Section 1: The above -referenced Contract regarding the provision of vehicle fleet maintenance and repair work for the Village' is extended to run from December 9, 2019, through December 8, 2020. This is the first extension of the term of the Contract as permitted by the provisions of the Contract at Section 5. Section 2: All other Sections and recitals of the above -referenced Contract shall remain in full force and effect. Section 3: This First Addendum shall be attached to the current Contract and shall become a part thereof. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 44 of 557 Agenda Item #5. IN WITNESS WHEREOF, the Contractor and the Village have signed and executed this First Addendum with an effective date as noted above. Witnesses: ATTEST: Lori McWilliams, MMC Village Clerk Page 2 of 2 TEQUESTA TIRE CO., INC. By: qugenie Beebe, Prysilent (Corporate Sean VILLAGE OF TEQUESTA By: Abigail Brennan, Mayor (Seal) Page 45 of 557 �� ♦ . a� �� trrr r - . - y ' nJ Page 46 of 557 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 �b�yQ�;rra4G _e, TEQUESTA UTILITIES DEPARTMENT MEMORANDUM To: Jeremy Allen, Village Manager From: David Tinoco, Water Distribution and StormWater Superindent Subject: New Pig Corporation Credit Application Date: October 30, 2019 561-768-0700 www.tequesta.org The following Agenda Item references a Credit Application from New Pig Corporation. New Pig Corporation requires the Village of Tequesta to complete the Credit Application in order to purchase products from this company. New Pig Corporation sells a variety of equipment dealing with leak and spill solutions, absorbent mats, drain protection and Stormwater management. On behalf of the Utilities Director and staff, this Agenda Item is submitted for your review and consideration. Your approval will authorize the Village Manager to execute this document. David Tinoco Superintendent Water Distribution and Storm Water Village of Tequesta Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Council Member Kyle Stone Village Manager Jeremy Allen Page 47 of 557 Agenda Item #5. New Pig Corporation One Pori; Avenue, PO Sox 304, Tipton, PA 16684-0304 Call:laU)468-5207 Email: accoumsreceivablN0newpig.ccm Credit Application COMPANY INFORMATION Company Name: Village of Tequesta Address: 345 Tequesta Drive Phone Number: 561-768-0482 Fax Number: 561-768-0708 Type of Company:oCorporation Qlndividual OPartnership QOther Government Type of Business: Municipality Officers: Jeremy Alien, Village Manager Tax ID or SSN: 5MO44081 DUNS# Credit Line Requesting: Person Responsible for Invoice Payment Decisions: Name: Kellie Citti Title: Accounting Clerk II Phone: 561-768-0426 Email: kcitti@tequesta.org BANK REFERENCE Bank Name: TD Bank Address: 2130 Centre Park West Dr, WPB, FL Phone: Account: CREDITfMDE REFERENCES Name: Advantage Bundling Address: 2228 Page Road Ste 103, Durham, NC Phone: Fax: Email: Account: Name: Publix Supermarkets Address: P.O. Box 32009, Lakeland, FL Phone: Fax: Email: Account: Name: Terracon Services Address: P.O. ABox 2766, Jupiter, FL Phone: Fax: Email: Account: Name: Address: Phone: Fax: Email: Account: The above information is provided for the purpose of obtaining credit and is warranted to be true. Vwe hereby authorize New Pig Corporation to investigate the references listed relating to my/our credit and financial responsibility. New Pig's terms are net 30 days. 1 Signature: `�Y Date: �� l Name: J my Alien Title: Village Manager f Page 48 of 557 Agenda Item #5. VILLAGE OF TEQUESTA. CONTRACT FOR FLEET MAINTENANCE AND .REPAIR THIS CONTRACT FOR FLEET MAINTENANCE AND REPAIR, .hereinafter ."Agreement", is entered into.and effective this May of Deeutk_r 2016, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,,Tequesta, .Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and.TEQUESTA TIRE CO, INC., a Florida corporation with offices located at 350 Cypress Drive, Tequesta, Florida 33469-3021.; hereinafter "the Contractor" and collectively with -the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the 'receipt and- sufficiency of which is hereby acknowledged by the Parties, hereby agree as. follows: .1. SCOPE OF SERVICES: The Parties .hereby agree to enter into. this Agreement whereby the Contractor shall provide vehicle fleet maintenance and repair work for the Village's vehicles, on an as -needed basis. The Parties agree to enter into this Agreement:pursuant to the Village's .RFP for Fleet maintenance Services which is -fully incorporated herein (Exhibit "A") along with the Contractor's response thereto (Exhibit "B"}. . 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be fixed for the initial term of three (3) years pursuant to the prices set forth in. Exhibit B. 3. INiDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of any -error, omission, negligent act, conduct, or misconduct of the Contractor, its -agents, servants, or employees in the performance of services under this Agreement. 4. PU9L1C 1ENT1TIES CkINiES ACT: As provided in sections 287.132 and 287.133, Florida Stances, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, havo not been placed on the convicted vendor list maintained by .the State of Florida Department of Management Services within thirty-six (36) months Page 49 of 557 Agenda Item #5. CONTRACT FOR FLEET MAINTENANCE AND REPAIR immediately preceding the date hereof. This notice is required -by section 287.133(3)(a), Florida Statutes. 5. TERM:TT:ItAONATION: This Agreement shall be for a term of three (3) years. In addition, this Agreement may be renewed, with the mutual consent of the Parties, for up to two (2) additional one year extensions. This Agreement may be terminated by. the Village or the Contractor upon ninety (90) days written notice to the either the Village or Contractor. 6. NOTICE: Notice'required by this Agreement shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE CONTRACTOR Village of Tequesta Tequesta Tire Co., Inc. 345 Tequesta Drive 350 Cypress Drive Tequesta, Florida 33469 Tequesta, Florida 33469 - Attn: Director of Utilities Attn: Eugenie Beebe, President 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Agreement is not a contract for employment and that no relationship of employee employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 9. CHOICE OF LAW: VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 10. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute, the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the services and provision of goods called for in this Agreement without prior written consent of the Village. Page 2 of 4 Page 50 of 557 Agenda Item #5. CONTRACT FOR FLEET MAINTENANCE AND REPAIR 11. INSPECTOR GE : Pursuant to Article XH 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. 12. PUBLIC RECQRDS: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, the 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, the 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, the- Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be Page 3 of 4 Page 51 of 557 l��f�1ft� FAX 9617476511 TEQUE5TATIHE Q 0004/0004 CONTRACT FOR FLEET MAINTENANCE AND REPAIR provided to the Village, upon raquest from the Village's custmian of public records, in a format that is compatible with the Village's information technology systems. IF T.HF, CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORMA STATES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768 W6 OR AT lmcwflhams tetiuests.are, OR AT 345 TEQUI,STA DRIVE, TEQUESTA, FLORUDA 33469. IN WI17MS WHEREOF, the Parties bereto have exceuted this Agreement the date and ym first above wn'ittezt. WITNESSES: TRQUESTA "I`ME CO., INC. By. Elftenie'Beebe, President 0— Cl h ID —t zQ (Corporate Sal) Page 52 of 557 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta � e � coin Utilities Department Memorandum To: Jeremy Allen, Village Manager 561-768-0700 www.tequesta.org From: David Tinoco, Water Distribution and Storm Water Superintendent Subject: Trench Plate Rental Company Credit Application Date: January 30, 2020 The following Agenda Item references a Credit Application from Trench Plate Rental Company. Trench Plate Rental Company requires the Village of Tequesta to complete the Credit Application in order to purchase from the company. Trench Plate Rental Company sells and rents shoring equipment which is required when digging trenches passed a certain depth. David Tinoco Superintendent Water Distribution and Storm Water Village of Tequesta Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Kyle Stone Page 53 of 557 Agenda Item #5. =T MMN - =Puv APPLICATION FOR CREDIT TRENCH PLATE00 RENTAL CO 13217 LAURELDALE AVENUE DOWNEY, CA 90242 PH: 562-602-1777 EXT: 5 Date: 1/10/2020 Branch: Business Name: Village of Tequesta Years in Business: 62 Mailing / Billing Address: Street: 345 Tequesta Drive City: Tequesta State: FL ZIP Code: 33469 Phone: 561-768-0700 E-mail: jallen@tequesta.org Fax: 561-768-0708 Federal ID#: 85-8015833079C-7 Contractors Lic#: Expiration date: Sole Prop. Partnership ❑ Corporation ❑ # of Employees Type of Business: Date and State of incorporation: Municipality NAME(S), ADDRESS, & SOCIAL SECURITY NUMBERS OF OWNERS, PARTNERS, OR OFFICERS Name: Jeremy Allen, Village Manager Address: 345 Tequesta Dr, Tequesta, FL 33469 Ss#: Name: Address: SS#: Name: Address: SS#: CREDIT / TRADE REFERENCES: OPEN ACCOUNTS ONLY 1. Advantage Bundling Ph: 866-286-3546 Contact: 2. Terracon Services Ph: 561-743-1079 Contact: 3. Nozzle Nolen Ph: 561-746-3928 Contact: 4. Publix Ph: 877-333-7585 Contact: Does your company require Purchase Order Numbers? Yes ❑ No TRENCH PLATE® RENTAL CO TERMS: Net 30 days or credit card, A imm (one and one half percent) Service Charge will incur on accounts exceeding terms. As the Owner; Officer or Manager in authority to obligate, please sign and print your name, title and date below. J VI Diuqe I_IU_nG er Signature ! rMe Date ZeN�a er A C I eeY-1��JJJJJ �JPme: Please see page 2 for Release Authorization Application for Credit Pg. 1 Page 54 of 557 Agenda Item #5. =TIONC H P�i4C� AUTHORIZATION TO RELEASE BANK INFORMATION Date: 1 /10/2020 Bank Name: TD Bank Phone: 561-838-2245 Bank Contact: Bank Address E-mail: Fax: Street: 2130 Centre Park West Drive city: West Palm Beach State: FL ZIP Code: 33409 In order to establish a line of credit with Trench Plate Rental Co. we are authorizing you to release our Banking history Our Checking Account Number is: Thank you for your prompt reply to this request. PERSONS NAME AND COMPANY NAME AUTHORIZING THE RELEASE OF BANK INFORMATION Names: Phone: Company Name: Street: City: Authorized Signature: Bonding / Surety Company: Street: City: Phone: Title: E-mail: State: BONDING / SURETY COMPANY State: Bond: Fax: PLEASE E-MAIL THIS TO: APPLY TPRCO.COM ZIP Code: ZIP Code: Contact: Application for Credit Pg. 2 Page 55 of 557 Agenda Item #5. =TQ�wm Pu4m �RC�a4t�d Cho TRENCH PLATES RENTAL CO PRELIMINARY NOTICE INFORMATION SHEET FOR TRENC#i PLATE RENTAL LLSE ONLY RENTAL CONTRACT # CUSTOMER # Customer Purchase Order # Customer Name: Contact Name: Job Phone: Date Delivery Required: Job Site Location: Property Owner: Street: City: State: ZIP Cade: General Contractor: Street: City: State: ZIP Code: Lender: or Surety: PLEASE E-MAIL THIS TO: APPLYC1aTPRCO.COM Application for Credit Pg. 3 Page 56 of 557 Agenda Item #5. 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 stared 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 lmcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Page 57 of 557 Agenda Item #5. 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 58 of 557 Agenda Item #5. Memorandum To: Jeremy Allen, Village Manager Cc: Honorable Mayor and Village Co From: Jose Rodriguez, Building Directo Date: January 7, 2020 Subject: Building Inspections and Plan Review Services Contract with TRB Management, Inc. on As -Needed Basis This agenda item is for the provision of Building Inspection and Plan Review Services by TRB Management, Inc. on an as -needed basis. Attached, for your review, is the contract between the Village of Tequesta and TRB Management, Inc. The Building Official is in favor of the approval of this contract. Page 59 of 557 Agenda Item #5. VILLAGE OF TEQUESTA CONTRACT FOR BUILDING INSPECTION AND PLAN REVIEW SERVICES THIS CONTRACT FOR BUILDING INSPECTION AND PLAN REVIEW SERVICES is entered into and effective this 4 day of December, 2019 (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and TRB MANAGEMENT, INC., a Florida corporation with offices located at 19005 Talon Way, Jupiter, Florida 33458, hereinafter "the Contractor" and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: I. SCOPE OF SERVICES: The Parties hereby agree to enter into this Contract whereby the Contractor shall provide an individual plans examiner licensed in all residential and commercial disciplines (i.e., building, electrical, plumbing, and mechanical) and individual inspector licensed in all residential and commercial disciplines (i.e., building, electrical, plumbing, and mechanical) for inspection and plan review services pursuant to all applicable statutory, licensing and Village code requirements. Services shall be rendered on an as needed basis when requested by the Village. The Parties agree to enter into this pursuant to the Contractors Pricing Proposal, hereby fully incorporated into this Contract and attached hereto as Exhibit "A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be fixed at Seventy -Five Dollars ($75.00) per hour for the Individual Plans Examiner and Seventy Dollars ($70.00) per hour for the Individual Inspector pursuant to Exhibit "A". 3. LICENSING, INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of all current and required state, county and other applicable licensing. The Contractor shall also provide proof of workman's compensation insurance and liability insurance in such amounts as are acceptable to the Village and shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shall at all times indemnify, Page 60 of 557 Agenda Item #5. defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Contract. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 5. TERM; TERMINATION; NOTICE: This Contract shall be for a term of one year commencing on the Effective Date, and shall renew for additional annual one-year terms until and unless either party terminates this Contract. This Contract may be terminated by either party upon thirty (30) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta TRB Management, Inc. 345 Tequesta Drive 19005 Talon Way Tequesta, FL 33469-0273 Jupiter, FL 33458 Attn: Village Building Official Attn: Robert Duplessis, President 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Contract is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded attorney's fees, including fees on appeal. 8. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Contract if such failure arises out of causes reasonably Page 2 of 5 Page 61 of 557 Agenda Item #5. beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 9. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Contract. 10. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both parties; no modifications shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the provision of services called for in this Contract without prior written consent of the Village. 11. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 12. PUBLIC RECORDS: In accordance with Sec. H9.0701, Florida Statutes, the Contractor must keep and maintain this Contract 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, the 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 Page 3 of 5 Page 62 of 557 Agenda Item #5. Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Contract 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 Contract term, and following completion of the Contract if the Contractor does not transfer the records to the Village. Finally, upon completion of the Contract, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Contract, 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 Contract, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(a teguesta.ort!, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 13. HEADINGS: The headings contained in this Contract are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Contract. 14. SEVERABILITY: The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability or any other provision of this Contract and shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 15. WAIVER: No waiver by the Village of any provision of this Contract shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's Page 4 of 5 Page 63 of 557 Agenda Item #5. consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 16. ENTIRE CONTRACT: This five (5) page Contract constitutes the entire contract between the parties; no modification shall be made to this Contract unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Contract. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. WITNESSES: k.q,S i �a -f1 c4c- ATTEST: 011-0G_ U r,. r n/\ V TRB MANAGEMENT, INC. P 1, % .11 ,4 5 y: Ro er uplessis, President (Corporate Seal) VILLAGE OF TEQUESTA uk I► 1 C.c.s c.2.2c�S FAL Lori McWilliams, MMC = I.INCORPORATED Village Clerk 90 F.ga,. L,ci.,iQu, lvx"Ju■ er�rny r�l1el1 � V'lllct�� i'�aC��-►P' (Seal) �1 Page 5 of 5 Page 64 of 557 Agenda Item #5. E)(h i bl + A TRB MANAGEMENT, INC 19005 TALON WAY JUPITER, FL 33458 Phone: 561-935-7355 email: FLINSPECTORBN3459- QUOTE Please provide a quote for the below listed services, sign and return to the Village of Tequesta at Ibritt@tequesta.org no later than December 1, 2019. DESCRIPTION FIXED HOURLY RATE Individual Plans Examiner licensed in all $ 75 residential and commercial disciplines (i.e., building, electrical, plumbing and mechanical). This quote is valid until September 30, 2022. Individual Inspector licensed in all residential and 70 $ commercial disciplines (i.e., building, electrical, plumbing and mechanical). This quote is valid until September 30, 2022. NAME: TITLE: COMPANY: ADDRESS: CITY/STATE/ZIP: TELEPHONE NO.: EMAIL: Robert Duplessis President TRB Management, Inc. 19005 Talon Way Jupiter, FL 33458 (561) 935-7355 flinspectorbn3459 SIGNATURE: DATE: November 24, 2019 Page 1 of 1 Page 65 of 557 a v 60A4-4439-49E1-B4B6-EB98926FD492 A CORD ,N FLORIDA WORKERS COMPENSATION APPLICATION DATE(MM/DD/YYYY) 12/10/2019 PRODUCER iPHONE (/uc No. Exn: (855) 465-8080 COMPANY UNDERWRITER FAX, Technology Insurance Comp Inc. Kellie Jamieson (A/Cany, No): _ APPLICANT NAME - INCLUDE ALL SUBSIDIARIES & DBA'S TO BE INCLUDED IN COVERAGE, ALONG WITH THEIR FEIN CoverHound Inc.dba CoverHound Insurance Solution TRB Management Inc. 5655 Lindero Canyon Rd. Suite 420 MAILING ADDRESS (INCLUDING AP CODE) - INCLUDE ❑ CHECK HERE IF LIST OF PRINCIPAL PHYSICAL LOCATION AND ALL INSURED ENTITIES ADDITIONAL LOCATIONS ATTACHED 19005 Talon Way Jupiter FL Westlake Village CA 91362 33458 LICENSE #: YRS IN BUS SIC CODE INDIVIDUAL PARTNERSHIP CORPORATION OTHER: SUBCHAP_T_E_R'S" CORP CODE: SUB CODE: AGENCY CUSTOMER ID _ FEDERAL EMPLOYER ID NUMBER NCCI ID NUMBER _ _Other OTHER RATING BUREAU ID NUMBER 152038 650044437 STATUS OF SUBMISSION BILLING/AUDIT INFORMATION ZI QUOTE ❑ ISSUE POLICY BILLING PLAN PAYMENT PLAN AGENCY BILL ANNUAL PREM FINANCED AT EXPIRATION MONTHLY Quote#: 6483153 DIRECT BILL HAUDIT SEMI-ANNUAL ✓ OTHER: Monthly In SEMI-ANNUAL OTHER: QUARTERLY 9/6DOWN: QUARTERLY LIST ALL PHYSICAL LOCATIONS, INCLUDING OTHER STATES WHETHER COVERAGE IS REQUESTED OR NOT. IF APPLICANT IS A LOCATIONS PROFESSIONAL EMPLOYER ORGANI7ATION (PFOIIFMPI nYFF I FARING MUPANY I IRT Al I r1 IFNT rnMPANIFR ANTI THFIR I nr.ATIn NR # STREET, CITY, COUNTY, STATE, ZIP CODE 1 19005 Talon Way Jupiter FL 33458 POLICY INFORMATION PROPOSED EFF DATE PROPOSED EXP DATE NORMAL ANNIVERSARY RATING DATE PARTICIPATING RETRO PLAN 12/11 /2019 12/11 /2020 NON -PARTICIPATING PART 1 - WORKERS _ PART 2 - EMPLOYER'S LIABILITY PART 3 -OTHER STATES INS DEDUCTIBLE OTHER COVERAGES COMPENSATION (States) -- $ 100000 EACH ACCIDENT U.S. & H. $ 500000 DISEASE -POLICY LIMIT COINSURANCE LIMIT VOLUNTARY COMPENSATION $ 100000 DISEASE -EACH EMPLOYEE DIVIDEND PLAN/SAFETY GROUP ADDITIONAL COMPANY INFORMATION RATING INFORMATION "I CHECK HERE IF LIST OF ADDITIONAL CLASS CODES ATTACHED LOC CLASS CODE COM- PANY USE CATEGORIES, DUTIES, CLASSIFICATIONS # OF EM- PLOYEES ACTUAL REMUN- ERATION PAST 12 MONTHS ESTIMATED REMUNERATION FOR NEXT POLICY PERIOD RATE ESTIMATED ANNUAL PREMIUM FL 8721 Real Estate Appraisal Company— 1 $46800 0.27 $126 SPECIFY ADDITIONAL COVERAGES/ENDORSEMENTS FACTOR FACTORED PREMIUM TOTAL $ 126 Credits/Debits $ 0 $0 EXPERIENCE MODIFICATION 1.00 $ 0 MODIFIED PREMIUM $ 126 PREMIUM DISCOUNT 0.00% $ 126 EXPENSE CONSTANT N/A $ 160 TOTAL ESTIMATED ANNUAL PREMIUM $ 291 MINIMUM PREMIUM $ 187 DEPOSIT PREMIUM $ 0 ACORD 130 FL (2002/07) PLEASE COMPLETE REVERSE SIDE © ACORD CORPORATION 1991 Page 66 of 557 AgOtMVITUt F#S60A4-4439-49E1-B4B6-EB98926FD492 INDIVIDUALS INCLUDED/EXCLUDED PARTNERS, OFFICERS, OWNERS TO BE INCLUDED OR EXCLUDED. (REMUNERATION TO BE INCLUDED MUST BE PART OF RATING INFORMATION SECTION.) ATTACH LIST OF ADDITIONSIEXEMPTIONS, IF ANY. PROVIDE COPIES OF EVIDENCE OF EXCLUSIONVINCLUSIONS. DISCLOSURES OF THE SOCIAL SECURITY NUMBERS IS VOLUNTARY AS AN ALTERNATIVE ATTACH A COPY OF EXEMPTION OR INCLUSION FORM FILED WITH THE STATE OF FLORID& # NAME DATE OF BIRTH SOCIAL SECURITY # TITLE/ RELATIONSHIP OWNR- H DUTIES INC/ EX CLASS CODE REMUNERATION 1 2 3 I1;7 [@1:ZN_1:1:11 [:I:a 10791 a14/_149 [elk 0191*1.1 F3 to] PROVIDE INFORMATION FOR THE PAST 5 YEARS AND USE THE REMARKS SECTION FOR LOSS DETAILS LOSS RUN ATTACHED YEAR CARRIER & POLICY NUMBER ACTUAL/AUDITED PREMIUM MOD # CLAIMS AMOUNT PAID RESERVE CO: POL M CO: POL #: CO: POL #: CO: POL M CO: POL #: NATURE OF BUSINESS/DESCRIPTION OF OPERATIONS COMMENTS AND DESCRIPTIONS OF ALL BUSINESSES, OPERATIONS AND PRO MENT; CONTRACTOR— TYPE OF WORK, SUB -CONTRACTS; MERCANTILE-- ME INERY, SUB -CONTRACTS. IF CONTRACTOR, PROVIDE LICENSE NUMBER. PROFESSIONAL EMPLOYER ORGANIZATION (PEO)/EMPLOYEE LEASING COMPANY EMPLOYEES - ATTACH A LIST OF ADDITIONAL EMPLOYEE NAMES JDING OTHER STATES): MANUFACTURING— RAW MATERIALS, PROCESSES, PRODUCT, CUSTOMERS, DELIVERIES; SERVICE— TYPE, LOCATION; FARM— ACREAGE, ANIMALS, 0 TEMPORARY EMPLOYMENT SERVICE NAME CLASS CODE SOCIAL SECURITY -#— NAME CLASS CODE SOCIAL SECURITY # ATTACH THE LAST FOUR (4) UNEMPLOYMENT COMPENSATION EMPLOYER QUARTERLY TAX REPORTS - UCT-6 OR IRS FORM 941. PLEASE EXPLAIN IF UCT-6 OR 941 IS NOT AVAILABLE. DISCLOSURE OF THE SOCIAL SECURITY NUMBERS IS VOLUNTARY, AS AN ALTERNATIVE, THE LATEST UCT-6 FORM WITH CLASS CODES ADDED CAN BE USED IN LIEU OF A SEPARATE LISTING OF EMPLOYEE NAMES, SOCIAL SECURITY NUMBER AND CLASS CODE. ANY EMPLOYEES NOT ON THE UCT-6 FORM SHOULD BE SHOWN SEPARATELY. GENERAL INFORMATION I FXPI GIN Al I "VFC" RFCPnNCFC VFCI Mn I FYDI AIN Al I "vac" PFconucce —.1 Nn 1. DOES APPLICANT OWN, OPERATE OR LEASE AIRCRAFT/WATERCRAFT? DE 16. ARE PHYSICALS REQUIRED AFTER OFFERS OF EMPLOYMENT ARE MADE? ✓ 2. DO/HAVE PAST, PRESENT OR DISCONTINUED OPERATIONS INVOLVE(D) STORING, TREATING, DISCHARGING, APPLYING, DISPOSING, OR TRANSPORTING OF HAZARDOUS MATERIAL? (e.g. landfills, wastes, fuel tanks, etc) 17. ANY OTHER INSURANCE WITH THIS INSURER? ✓ ✓ 18. ANY PRIOR COVERAGE DECLINED/CANCELLED/NON-RENEWED (Last 3 years)? ✓ 3. ANY WORK PERFORMED UNDERGROUND OR ABOVE 15 FEET? ✓ 19. ARE EMPLOYEE HEALTH PLANS PROVIDED? ✓ 4. ANY WORK PERFORMED ON BARGES, VESSELS, DOCKS, BRIDGE OVER WATER? U✓j 20. IS THERE A LABOR INTERCHANGE WITH ANY OTHER BUSINESS/SUBSIDIARY? ✓ 5. IS APPLICANT ENGAGED IN ANY OTHER TYPE OF BUSINESS? ✓ 21. DO YOU LEASE EMPLOYEES TO OR FROM OTHER EMPLOYERS? ✓ 6. ARE SUB -CONTRACTORS AND/OR INDEPENDENT CONTRACTORS USED? ✓ 22. DO ANY EMPLOYEES PREDOMINANTLY WORK AT HOME? ✓ 7. ANY WORK SUBLET WITHOUT CERTIFICATES OF INS.? ✓ 23. WHAT ARE YOUR ESTIMATED ANNUAL REVENUES? $ ✓ 8. IS A FORMAL SAFETY PROGRAM IN OPERATION? ✓ 24. IS THERE ANY CURRENT OR ANTICIPATED DEBT FOR UNPAID PREMIUMS OWED TO ANY PREVIOUS WORKERS'COMPENSATION PROVIDER? ✓ 9. ANY GROUP TRANSPORTATION PROVIDED? CONTACT INFORMATION 10. ANY EMPLOYEES UNDER 16 OR OVER 60 YEARS OF AGE? Fu IN- PHONE: SPECTION NAME: 11. ANY PART TIME OR SEASONAL EMPLOYEES? 6I 12. IS THERE ANY VOLUNTEER OR DONATED LABOR? ✓ ACCTNG PHONE: RECORD NAME: 13. ANY EMPLOYEES WITH PHYSICAL HANDICAPS? 14. DO EMPLOYEES TRAVEL OUT OF STATE? ✓ CLAIMS PHONE: INFO NAME: 15. ARE ATHLETIC TEAMS SPONSORED? ✓ REMARKS ACORD 130 FL (2002/07) Page 67 of 557 v 60A4-4439-49E1-84B6-EB98926FD492 Y PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE OR AS OTHERWISE PUNISHABLE AS PROVIDED UNDER THE LAW. 1 UNDERSTAND THAT AS THE EMPLOYER, I MUST UPDATE THE APPLICATION MONTHLY TO REFLECT ANY CHANGE IN THE REQUIRED APPLICATION INFORMATION; (THE FLORIDA WORKERS COMPENSATION CHANGE SHEET WILL BE USED FOR THIS PURPOSE.) IF I FILE AN APPLICATION OR APPLICATION UPDATE CONTAINING FALSE, MISLEADING, OR INCOMPLETE INFORMATION WITH THE PURPOSE OF AVOIDING OR REDUCING THE AMOUNT OF PREMIUMS FOR WORKERS COMPENSATION COVERAGE IT IS A FELONY OF THE THIRD DEGREE OR AS OTHERWISE PUNISHABLE AS PROVIDED UNDER THE LAW. I SHALL SUBMIT TO THE CARRIER, A COPY OF THE QUARTERLY EARNINGS REPORT AND SELF -AUDITS SUPPORTED BY THE QUARTERLY EARNINGS REPORTS, AS REQUIRED BY CHAPTER 443, AT THE END OF EACH QUARTER. IF I OMIT THE NAME OF AN EMPLOYEE FROM THIS QUARTERLY EARNINGS REPORT, FLORIDA STATUTES STATE THAT I WILL REMAIN LIABLE AND WILL REIMBURSE THE CARRIER FOR ANY WORKERS COMPENSATION BENEFITS PAID TO THIS OMITTED EMPLOYEE; I AGREE TO MAKE AVAILABLE, ALL RECORDS NECESSARY FOR THE PAYROLL VERIFICATION AUDIT AND PERMIT THE AUDITOR TO MAKE A PHYSICAL INSPECTION OF OUR OPERATIONS. I UNDERSTAND FAILURE TO DO THIS SHALL RESULT IN A $500 PAYMENT TO THE CARRIER TO DEFRAY THE COST OF THE AUDITS; THAT, IN ACCORDANCE WITH FLORIDA STATUTES 440.381(6), IF I (WE) UNDERSTATE OR CONCEAL PAYROLL, OR MISREPRESENT OR CONCEAL EMPLOYEE DUTIES SO AS TO AVOID PROPER CLASSIFICATION FOR PREMIUM CALCULATIONS, OR MISREPRESENT OR CONCEAL INFORMATION PERTINENT TO THE COMPUTATION AND APPLICATION OF AN EXPERIENCE RATING MODIFICATION FACTOR, I (WE) SHALL PAY A PENALTY OF TEN (10) TIMES THE AMOUNT OF THE DIFFERENCE IN PREMIUM PAID AND THE AMOUNT I (WE) SHOULD HAVE PAID, AND REASONABLE ATTORNEY'S FEES. FORMER NAMES AND OWNERS FOR THE LAST 5 YEARS, LIST THE CURRENT BUSINESS NAME AND ANY FORMER NAMES OR PREDECESSOR COMPANIES FOR ALL COMPANIES TO BE COVERED BY THE POLICY. INCLUDE THE FEIN FOR EACH COMPANY. FOR EACH COVERED COMPANY, LIST ANY CURRENT OWNER WHO HAS MORE THAN 5% OWNERSHIP INTEREST. FOR EACH COVERED COMPANY OR PREDECESSOR COMPANY, LIST ANY OWNER WHO HAD MORE THAN 5% OWNERSHIP INTEREST IN THE LAST 5 YEARS. OWNERSHIP/COMBINABILITY DOES THIS BUSINESS OR ANY OF THE OWNERS OF THIS BUSINESS, EITHER INDIVIDUALLY OR IN COMBINATION WITH OTHER OWNERS OF THIS BUSINESS, OWN MORE THAN 50% OF ANY OTHER BUSINESS, WHICH OPERATED AT ANY TIME DURING THE FIVE YEARS PRIOR TO THIS APPLICATION? 0 YES ® NO OR, DOES THIS BUSINESS OWN A MAJORITY INTEREST IN ANOTHER ENTITIY, WHICH IN TURN OWNS A MAJORITY INTEREST IN ANY ENTITY THAT OPERATED AT ANY TIME IN THE FIVE YEARS PRIOR TO THIS APPLICATION? ❑� YES ®NO IF THE ANSWER TO EITHER OF THE ABOVE QUESTIONS IS YES, COMPLETE THE FOLLOWING SUPPLEMENTAL OWNERSHIP/COMBINABILITY QUESTIONS: 1. IDENTIFY BY NAME, ADDRESS, AND FEIN EACH BUSINESS WHICH IS RELATED BY COMMON OWNERSHIP TO THE APPLICANT BUSINESS. 2. SET FORTH THE DATES EACH BUSINESS WAS IN OPERATION, THE INSURANCE COMPANY THAT PROVIDED WORKERS' COMPENSATION INSURANCE, THE POLICY NUMBER AND THE EXPERIENCE MODIFICATION FACTOR APPLIED TO EACH SUCH POLICY. 3. IF THE POLICY WAS WRITTEN WITHOUT AN EXPERIENCE MODIFICATION FACTOR, PLEASE STATE. THE APPLICANT HEREBY AUTHORIZES AND REQUESTS EACH RATING ORGANIZATION WITH EXPERIENCE RATING INFORMATION RELATED TO THE APPLICANT AND THE BUSINESS SET FORTH ABOVE TO RELEASE SUCH INFORMATION TO THE INSURER, FWCJUA, OR OTHER RATING ORGANIZATION SO THAT THE CORRECT EXPERIENCE MODIFICATION FACTOR CAN BE DETERMINED. I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE STATEMENTS AND AS AGENT/PRODUCER, I HEREBY ATTEST THAT I HAVE GIVEN THE PERSONALLY SWEAR THAT THE INFORMATION CONTAINED IN THE APPLICANT/SIGNATORY THE OPPORTUNITY TO READ THE APPLICATION AND I APPLICATION IS ACCURATE, THAT I, AS AN OWNER/OFFICER, AM FULLY HAVE EXPLAINED ANY AND ALL QUESTIONS REGARDING THE APPLICATION. I AUTHORIZED TO SIGN THIS APPLICATION ON BEHALF OF THE APPLICANT ALSO ATTEST THAT I HAVE EXPLAINED TO THE EMPLOYER OR OFFICER THE AND TO BIND THE APPLICANT. CLASSIFICATION CODES THAT ARE USED FOR PREMIUM CALCULATIONS PURSUANTTOSECTION 440.381 (2), FLORIDA STATUTES. FS NE i�E SI�iNATURE DATE PRODUCE JJGNATgnedEU1RE DATE 96�t vq(Lssis 12/10/2019 1 8:46 A ddaRMAINE1F192A940F... ,Y�'1Y�C/-�D`Yy 12/10/2019 1 8:45 AM fS0 1 NOTARY PUBLIC SIGNATURE DATE NOTA P6 &1WPU� r= DATE PST ACORD 130 FL (2002/07) Page 68 of 557 AgendqAm #5. ACORhr ' Iift , CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 12/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UUNIAUI NAME: CHUBB CUSTOMER SERVICE CENTER Coverhound, Inc A/c�14 All No Ell: 866-977-2727 A/C, No): ADDRESS: CHUBBCSC@CHUBB.C:OM 5655 Lutdero Canyon Road, Suite 420 INSURER($) AFFORDING COVERAGE NAIC # Westlake Village, CA 91362 INSURER A: Pacific Indemnity insurance Company 20346 INSURED INSURER B : TRB Management Inc. INSURER c : 19005 Talon Way INSURER D : INSURER E : Jupiter FL 33458 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A I___ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �„_ OCCUR Y SERFLF147354585 02/07/2019 02/07/2020 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F�JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,00,0000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $� VROPl=R I Y DAMAGE$ Per accident UMBRELLA LIAB EXCESS LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBER EXCLUDED? Mandatory In NH) f yes, describe under ESCRIPTION OF OPERATIONS below N ! A STATUTE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE — $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The insurance atTorded by the policies described herein is subject to all terms, exclusions and conditions of' such policies. The Village of Tequesta, is listed as Additional Insured, per the terms and conditions of the Chubb BUISinessowners Liability ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES Endorsement (BP 04 02 01 06, or its equivalent) included in the policy. The Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 69 of 557 Agenda Item #5. 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 70 of 557 Agenda Item #5. "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 71 of 557