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HomeMy WebLinkAboutAgreement_General_2/13/2020_Tequesta Tire Co 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 Jj 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 9th 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] 1 1 IN WITNESS WHEREOF, the Contractor and the Village have signed and executed this First Addendum with an effective date as noted above. Witnesses: TEQUESTA TIRE CO., INC. I, / //41144 Qe 644-1E Wi-cie--- -- te•Aue T) 4''' ','- -'-,-., By:ilugenie Beebe, Pres't&It'''' * - ..2r - -:, 7. :Z. 7' (///7 2. _age (Corporate Seitt)-- --, — ,. i mow- —..., ...,.. VILLAGE OF TEQUESTA ---Thi , nivestV By: 4 bi.,.II Bre n, ayor (Seal) ATTEST: toi fuvi _ z,4.... .7' 4 ict) „,„...„.,,„„,,„„.., _ ..daP°&•••-..‹, Ili 1Y) . is „of= 0.....,JA Lori McWilliams,MMC l&si SEAL il\-41 Village Clerk 1 ‘.INCORPORATED! , A / 1 14144N4,.A...._sgVrese Page 2 of 2 • • VILLAGE OF TEQUESTA CONTRACT FOR FLEET MAINTENANCE AND REPAIR .THIS CONTRACT FOR FLEET MAINTENANCE AND REPAIR,.hereinafter ."Agreement", is entered into•and effective this7 day of Zech/kr 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(Eichibit • • • "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. INDEMNIFICATION: 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. PUBLIC ENTITIES C1UMES ACT: As provided in sections 287.132 and 287.133, Florida Statues, 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,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months CONTRACT FOR FLEET MAINTENANCE AND REPAIR immediately preceding the date hereof. This notice is required.by section 287.133(3Xa), Florida Statutes. 5. TERM:TERMINATION: 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: Noticerequired 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 Atte: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 • CONTRACT FOR FLEET MAINTENANCE AND REPAIR 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. 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 1.1/18/2016 5:08 Pli FAX 5817476511 TEWJESTAT.IRE € 10004/©804 CONTRACT FOR FLEET MAINTENANCE AND REPAIR provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's inft rmatitm technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT TFIE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imcwillianigittomesta.org, OR AT 345 TEQUESTA DRIVE,TEQUESTA, FLORIDA 33469. IN W TNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. WI'T'NESSES: TEQUESTA TIRE ENC. r ,crtm 5 •<�' Byr E enie Beebe,President (1_,Se.--k---- (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: • bl:'11 : ::n'Tr yor, ticlStab r � N �r McWilliams,Lori SC , vP�oRPO . Village Clerk � AL :�_ tit % 4, 19� q. kH��