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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_4/9/2020Agenda Item #3. Regular Council STAFF MEMO a Meeting: Regular Council - Apr 09 2020 Staff Contact: Jeremy Allen, Village Manager Department: Manager III 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. Dover Engineering Water Treatment Plant Membrane Replacement Evaluation Study Agreement Memo-Utility/$19,799.53 (The Dover Engineering WTP Evaluation Study Agreement is on file in the Utilities Dept. Please contact Matt Hammond, 561-768-0421 to view the file); 2. Great West Trust Company Agreement Memo-Finance/$500.00 Annually (The Great West Trust Company Agreement is on file in the Finance Dept. Please contact Hugh Dunkley, 561-768-0420 to view the file); 3. Lewis Longman Walker Engagement Agreement-Finance/Cost Varies; 4. National Vision Safety Eyewear Agreement Memo -Human Resources/$150.00 per 24 Mo's. (The National Vision Safety Eyewear Agreement is on file in the Human Resources Dept. Please contact Kathy Hannon, 561-768-0416 to view the file); 5. Superior Party Rental Contract -Ad min istration/$253.84; 6. Vanguard ADA Systems Quote -Public Works/$2,424.19; 7. Palm Beach Gardens and Village of Tequesta Superion Access Agreement/$N/A; 8. iland Cloud Backup - Direct Billing SUMMARY: of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) 1. Dover Engineering Water Treatment Plant Membrane Replacement Evaluation Study Agreement Memo-Utility/19,799.53 (The Dover Engineering WTP Evaluation Study Agreement is on file in the Utilities Dept. Please contact Matt Hammond, 561-768-0421 to view the file); 2. Great West Trust Company Agreement Memo-Finance/$500.00 Annually (The Great West Trust Company Agreement is on file in the Finance Dept. Please contact Hugh Dunkley, 561-768-0420 to view the file); 3. Lewis Longman Walker Engagement Agreement-Finance/Cost Varies; 4. National Vision Safety Eyewear Agreement Memo -Human Resources/$150.00 per 24 Mo's. (The National Vision Safety Eyewear Agreement is on file in the Human Resources Dept. Please contact Kathy Hannon, 561-768-0416 to view the file); 5. Superior Party Rental Contract -Ad min istration/$253.84; 6. Vanguard ADA Systems Quote -Public Works/$2,424.19; 7. Palm Beach Gardens and Village of Tequesta Superion Access Agreement/$N/A; 8. iland Cloud Backup - Direct Billing This agenda item is respectfully submitted for your review and approval. ATTACHMENT Dover Engineering WTP Train 2 Membrane Replacement Evaluation Agreement Memo-Utilities.ada Great West Trust Companv Aareement Memo-Finance.ada Lewis Longman Walker Engagement Agreement-Finance.ada National Vision Safety Eyewear Agreement Memo -Human Resources.ada PBG & VOT Superion Access Agreement -IT Page 20 of 96 Agenda Item #3. Superior Party Rental Contract -Administration Vanguard ADA Systems Quote 102319V2R Crosswalk Coating Hand - 3 Year Page 21 of 96 Agenda Item #3. To: From: CC: Date: Re: Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Jeremy Allen — Village Manager 561-768-0700 www.tequesta.org Matthew Hammond, PE — Utilities Director Hugh Dunkley — Finance Director February 25, 2020 Engineering Services for WTP Membrane Replacement Evaluation Please find two partially executed copies of the Agreement for Wlater Treatment Plant Train No. 2 Membrane Replacement, Study with Dover Engineering for your signature. This agreement is for the evaluation and selection of replacement membranes for Train No. 2 at the WTP in the amount of $19,799.53. The FY19-20 CIP budget in the Water Enterprise Fund contains sufficient funding ($120,000) to complete this study. The project detail sheet for the project is attached for your reference. Note, the acquisition of professional engineering services is covered under Section 287.055, Florida Statutes (Consultants Competitive Negotiation Act). Dover Engineering is not currently under a continuing contract with the Village however, Section 287.055(4)(c), Florida Statutes exempts competitive selection of professional services for study activities that are not in excess of the threshold amount provided in 287.017, Florida Statutes for CATEGORY TWO ($35,000). Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Laurie Brandon Council Member Vince Arena Council Member Kyle Stone Village Manager Jeremy Allen Page 22 of 96 Agenda Item #3. Memorandum TO: Jeremy Allen, Village Manager FROM: Hugh B. Dunkley, Finance Director DATE: March 26, 2020 SUBJECT: Custodial Services for Village of Tequesta Deferred Compensation and 401(a) Accounts In 2019, the Principal Financial Group acquired Wells Fargo Institutional Retirement & Trust business, the Village's current Custodian of our Deferred Compensation and 401(a) Plans. The Village consequently decided to move its custodial services to Great -West Trust Company (GWTC) effective March 13, 2020, and on January 27, 2020, gave the appropriate notice to Wells Fargo (Appendix 1). Also attached is a copy of the notice which appoints GWTC as the Village's successor custodian (Appendix 2). The Village's 401(a) and deferred compensation accounts are currently administered by Empower Retirement, which is also a subsidiary of Great -West Life and Annuity Insurance. It is our belief that this makes for more seamless operations. GWTC and Empower are separate operating business units and staff does not foresee any conflicts with one entity serving as the Plan Administrator and the other serving as Trustee. The decision to move the custodial services was made after internal deliberations and a meeting on November 2, 2019 between Village assigned Empower representative, Josh Newell, Finance Director, Hugh Dunkley, and Director, HR & Risk Management, Merlene Reid. The goal of the meeting was to be proactive in selecting our custodian, as opposed to having this determined for us. Current pricing levels have been maintained and a copy of the Fee schedule is also attached. The Village also took the opportunity to renegotiate an increase in our Educational Training days from 3 to 6, at no additional cost. It is our belief that the changes presented above will prove to be more beneficial for the Village. Should you have any questions, please do not hesitate to contact me. cc: Merlene Reid, Human Resources/Risk Mgmt Director Page 23 of 96 Agenda Item #3. Memorandum TO: Jeremy Allen, Village Manager FROM: Hugh B. Dunkley, Finance Director DATE: March 5, 2020 SUBJECT: Engagement of Pension Attorney for 401(a) Police Pension Plan Transfer During the Public Safety Pension Board meeting of February 3, 2020, a question was posed by one of the plan participants regarding the transfer of his 401(a) account balance in connection with the re -opening of the Tequesta Public Safety Officers' Pension Trust to new participants. The Board of Trustees during this meeting decided that this question would best be addressed by the Village, since the Village was the original party to the Memorandum of Understanding between the Village and the police union. The question essentially involved what members had in their individual account balances at the time of the transfer and whether these individual account balances would be sufficient when considering the years of service to be credited to each member. Staff recommends that the Village retain a pension attorney to review the question that was posed by the participant and to provide advice and representation on any outstanding issues pertaining to the re- opening of the Public Safety Officers' Pension Trust. Your consideration of this matter is truly appreciated. cc: Merlene Reid, Human Resources/Risk Mgmt Director Page 24 of 96 Agenda Item #3. ®t® LEWIS W,— LONGMAN e® LLW WALKER March 9, 2020 Attorneys at Law Ilw-law.com REPLY To: TALLAHASSEE Hugh B. Dunkley, CPA, CGFO CONFIDENTIAL Finance Director ATTORNEY/CLIENT Village of Tequesta PRIVILEGED 345 Tequesta Drive Tequesta, FL 33469-0273 Re: Legal Representation of Village of Tequesta—Retirement Matters Dear Mr. Dunkley: On behalf of the law firm of Lewis, Longman & Walker, P.A. ("LLW"), thank you for the opportunity to represent the Village of Tequesta ("Village") on the above -referenced matter that is further defined in Section 2 of this Engagement Agreement ("Agreement"). The purpose of this Agreement is to document the terms of our professional relationship. A solid attorney - client relationship is built on a clear understanding of the terms of the relationship. Therefore, I ask that you review this letter with care and then either confirm your agreement to these terms or state any different or additional terms that the Village would like us to consider. I. Client. Unless and until agreed by all parties in writing, LLW's only client in this matter is the Village of Tequesta, whose primary address is 345 Tequesta Drive, Tequesta, FL 33469- 0273. 2. Services. LLW will provide advice and representation to the Village on retirement matters, as requested by the Village. Any additional matters that the Village may ask us to undertake must be covered by a separate Engagement Agreement and will require a separate conflict check. 3. Professional Fees. I will be the shareholder in charge of this matter, and I will be primarily responsible for providing and supervising the legal services required. My hourly rate for public retirement matters is $335.00. 1 will be responsible for ensuring that this matter is staffed in a manner adequate and appropriate to the requirements of the representation. I anticipate that Janice Rustin will also be involved in this matter, and her hourly rate is $280.00. The rates for LLW attorneys range from $225.00 to $335.00 per hour. The rates for paralegals/law clerks range from $175.00 to $195.00 per hour. These rates will be in effect through December 2020 and are subject to change in January of each subsequent year. If rates are changed the Village will be notified. JACKSONVILLE 2=5 Riverside Ave. Suite 510 Jacksonville, FL 32202 T: 904.35 3.6410 F: 904.353.7619 01259575-I ST.PETERSBURG 100 Second Ave. South Suite 501-S St. Petersburg, FL 33701 T 727.245.0820 F: 727.290.4057 TALLAHASSEE 315 South Calhoun St. Suite 830 Tallahassee, FI_ 32301 T 850.222.5702 F: 850.224.9242 TAMPA WEST PALM BEACH 301 West Platt St. 515 North Flagler Dr. Suite 364 Suite 1500 Tampa, FL33606 West Palm Beach, FL 33401 T: 813.775.2331 T 561.640.0820 F: 561.640.8202 Page 25 of 96 Agenda Item #3. Hugh B. Dunkley, CPA, CGFO March 9, 2020 Page 2 4. Communication and Cooperation. In order for us to serve as the Village's counsel, it is essential that we are able to contact the Village, and that the Village respond to our requests for information or documents as expeditiously and completely as possible. We may also require client personnel be made available to meet with us in relation to representing the Village in this matter. It is my understanding that you will be the Village's primary client contact for this matter. I can be reached by telephone at 850-222-5702 or by e-mail at ilinn@llw-law.com. I endeavor to return all telephone calls or a -mails within 24 hours during the business week; however, if the Village is ever unable to reach me, please contact my assistant, Elizabeth, by telephone at 850- 222-5702 or by e-mail at elizabeths@llw-law.com. 5. Costs. LLW will charge the Village for direct costs incurred on the Village's behalf for this representation. We may advance these costs and seek reimbursement in our billings or we may, at our discretion, require the Village to deposit these costs with us before the costs are incurred. 6. Billing and Payment. We will bill the Village on a monthly basis for professional services rendered and expenses incurred in connection with this matter. Our services will be billed in tenth of an hour increments rounded up to the nearest increment, with a minimum entry for the task of one tenth of an hour. The Village agrees to pay the amount of each invoice in full in accordance with Florida's Prompt Payment Act (Section 218.70, etc., Fla. Stat.). Payments received will be applied to the outstanding invoices specified by the payment. If a specific invoice is not specified, the payment will be applied to the oldest outstanding invoice. If you have any questions about an invoice or if the Village disputes any items or any invoice, the Village agrees to notify me in writing within fifteen (15) days of the billing date of the question or concern. If no issues are raised within this time period, the firm will assume the Village does not have any dispute with the invoice. 7. 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 01259575-1 Page 26 of 96 Agenda Item #3. Hugh B. Dunkley, CPA, CGFO March 9, 2020 Page 3 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 Immilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 8. 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. 9. Representation of Other Clients; Conflicts. From time to time Lewis, Longman & Walker attorneys represent clients before various governmental entities in zoning, land use, water - related, environmental, short-term rental and other non -retirement matters. It is possible that our attorneys may undertake the representation of clients in future zoning, land use, water - related, environmental, short-term rental or other matters that may involve the Village or come before the Village Council or Village boards. Neither I nor any attorney who may perform retirement work for the Village will be involved in any such matters, and the firm's representation of clients in such matters will not limit the exercise of my independent professional judgment, or that of any other attorney who may work on retirement matters, with respect to the matters we will be handling for the Village. Accordingly, the Village agrees that it will not seek to disqualify Lewis, Longman & Walker, P.A. from representing firm clients in zoning, land use, water -related, environmental, short-term rental or other non -retirement matters that may involve or come before the Village or its boards. We will notify the Village if a potential conflict should arise with respect to our firm's representation of any clients in the future, and we recognize that the Village reserves the right to terminate our services at any time. The Firm has disclosed to the Village that it engages in legislative lobbying efforts on behalf of numerous public and private clients, individuals, corporations, local governments and industry associations, including short-term rental entities. Further, while the Firm works to inform all of 01259575-1 Page 27 of 96 Agenda Item #3. Hugh B. Dunkley, CPA, CGFO March 9, 2020 Page 4 its clients of its lobbying efforts and does regularly pursue matters that are supportive of local governments, it is understood that the political process inherently produces differences of political opinion. Such political differences may not amount to a conflict of interest under the Rules of the Florida Bar, but we recognize that the Village reserves the right to terminate our services at any time. We sincerely thank you for choosing LLW to assist in this matter. If the Village agrees with the foregoing terms and conditions, please sign in the space provided at the bottom of this Agreement, return a copy to me, and retain a copy for the Village's records. On behalf of LLW, I look forward to assisting the Village in this matter. Sincerely, ` Jatpe W. Linn Shareholder Lewis, Longman & Walker, P.A. ACCEPTED BY. Village of Tequesta By: Jere y Allen [PRINT NAME] Village Manager [TITLE] 3/09/2020 [DATE] jallen@tequesta.org [Email Address] (561)768-0463 [Work Telephone Number] (561)972-3069 [Cell Phone Number] 01?59575-1 Page 28 of 96 Agenda Item #3. 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 29 of 96 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 30 of 96 Agenda Item #3. Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 To: Thru: From: Date: Subject Honorable Mayor and Village Council Jeremy Allen, Village Manager Merlene Reid, Director, H.R. & Risk Management March 26, 2020 561-768-0700 www.tequesta.org Approval of National Vision Inc. Safety Eyewear Program Agreement To continue enhancing the safety and welfare of our employees, the Village is starting a Prescription Eyewear Safety Program. The potentially impacted departments are Fire, Parks & Recreation, Public Works and Utilities. The program will be offered via a voucher system contracted through National Vision Inc., with the Village billed for the exact cost of the hardware and lens selected, up to a maximum of $150 per person. It is estimated that 16 persons may immediately be eligible to participate up to the $150 allowable limit. The National Vision Inc. Safety Eyewear Program Agreement is on file in the HR department. Please contact Kathryn Hannon, khan nonCcD-teguesta.org, (561) 768-0416 to view the file. Page 31 of 96 a AA i 7 e M COyMt+ Memo To: Jeremy Allen —Village Manager From: Brad Gomberg— IT Director CC: Honorable Mayor and Village Council The attached agreement is presented which will authorize Village use of the CentralSquare software as a tenant of the existing Palm Beach Gardens system. There is no inherent financial impact from this specific agreement as purchase terms for the software are governed by a separate document which was previously approved. Page 32 of 96 & JAAI..A&96A-EB19-492A-9BB2-0472EF19F2A7 SUPERION AGREEMENT TO GRANT PERMISSION TO ALLOW ACCESS TO SOFTWARE AND USE OF THE SOFTWARE LICENSE AGREEMENT among City of Palm Beach Gardens, FL 10500 N. Military Trail Palm Beach Gardens, FL 33410 And Village of Tequesta, FL 357 Tequesta Drive Tequesta, FL 33469 And Superion, LLC a CentralSquare Technologies, LLC Company 1000 Business Center Drive Lake Mary, FL 32746 Whereas, the City of Palm Beach Gardens, FL ("Customer") and Superion, LLC ("Superion") have entered into that certain Software License and Services Agreement dated November 20, 2003 ("Customer Agreement"); and Whereas, Customer desires that the following public safety agency (the "Accessing Agency') obtain access and use of the Software licensed by Customer under the Customer Agreement; Village of Tequesta, Florida — Tequesta Police Department Now therefore, the parties agree as follows: 1. Customer requests that Superion grant, and Superion does grant Customer, permission to allow access and use of the Customer Agreement by the Accessing Agency under the terms of this Access Agreement ("Access Agreement"). The Accessed Software is as follows: All Software licensed to Customer 2. Superion has the right to terminate this Access Agreement, and accordingly, Accessing Agency's access to the Accessed Software and Customer Agreement at Superion's sole and exclusive discretion. 3. This Access Agreement shall automatically terminate if the Customer Agreement is terminated. In the event that this Access Agreement should be terminated, Superion shall be under no obligation to the Accessing Agency to permit continued access to Accessed Software or use of the Customer Agreement after such termination of this Access Agreement, but shall agree at Superion's sole and exclusive discretion to license Accessed Software under separate license agreement with the Accessing Agency in such event, Page 1 of 4 Page 33 of 96 A9ft9 1ItW :#%296A-EB19-492A-9BB2-0472EF19F2A7 provided the Accessing Agency is not in default of any of the provisions of this Access Agreement nor any related Supplements, and provided the Accessing Agency provide a replacement technical environment satisfactory to Superion. 4. Customer understands that Accessing Agency will not be granted access to the Accessed Software unless and until the Accessing Agency executes this Access Agreement and agrees that the Accessed Software constitutes proprietary information and trade secrets of Superion and will remain the sole property of Superion. The Accessing Agency shall not at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any components of Accessed Software, and the Accessing Agency shall hold in confidence the Superion proprietary information for its benefit and internal use only by its employees. The Accessing Agency will further acknowledge that, in the event of a breach or threatened breach of the provisions of this paragraph, Superion has no adequate remedy in money damages, and, accordingly, shall be entitled, without bond, to an injunction against such breach or threatened breach. 5. Accessing Agency's right to use the Accessed Software is derivative of Customer's license to use the Software under the terms and conditions of the Customer Agreement. Superion is not deemed to have granted Accessing Agency any license to use the Software by virtue of this Access Agreement. Superion will have no obligations whatsoever to Accessing Agency in connection with the Software. AS BETWEEN SUPERION AND ACCESSING AGENCY, THE SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS. SUPERION MAKES NO WARRANTIES WHATSOEVER TO ACCESSING AGENCY REGARDING THE SOFTWARE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. SUPERION WILL HAVE NO LIABILITY TO OR THROUGH ACCESSING AGENCY UNDER OR IN CONNECTION WITH THIS ACCESS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, IN WHOLE OR IN PART. 6. Customer grants Accessing Agency use of the Customer Agreement as -is, allowing Accessing Agency to purchase additional licenses and support for Accessing Agency's sole use via a quote or purchase order subject to the terms and conditions of the Customer Agreement. 7. Accessing Agency shall indemnify, defend and hold harmless Superion, and the Customer and their respective officers, directors, employees, agents, successors, and assigns from and against any and all losses incurred by either Superion or the Customer resulting from any action by a third party that arise out of or result from, or are alleged to arise out of or result from the gross negligence or more culpable act or omission (including recklessness or willful misconduct) by Accessing Agency, any authorized user, or any third party on behalf of Accessing Agency or any authorized user, in connection with this Access Agreement. 8. Notwithstanding anything in this Agreement to the contrary, the obligation of the Accessing Agency to indemnify Superion shall be limited to the amounts set forth in Sec. 768.28, F.S. including limits on attorney's fees, and prohibitions against pre judgment interest and punitive damages. Nothing contained in this Agreement shall be construed as a waiver of Accessing Agency's sovereign immunity beyond the limits set forth in Sec. 768.28, F.S. Nothing contained in this Agreement shall be construed as Accessing Agency's consent to be sued by third parties. 9. In accordance with Sec. 119.0701, Florida Statutes, Superion 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 Accessing Agency's custodian of public records, Superion must provide the Accessing Agency 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 Accessing Agency, 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, Superion shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal Page 2 of 4 Page 34 of 96 A9"4 , JtP, ,0-#%296A-E619-492A-96B2-9472EF 19F2A7 or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if Superion does not transfer the records to the Accessing Agency. Finally, upon completion of the Agreement, Superion shall transfer, at no cost to the Accessing Agency, all public records in possession of Superion, or keep and maintain public records required by the Accessing Agency. If Superion transfers all public records to the Accessing Agency upon completion of the Agreement, Superion shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Superion keeps and maintains public records upon completion of the Agreement, Superion shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Accessing Agency, upon request from the Accessing Agency's custodian of public records, in a format that is compatible with the Accessing Agency's information technology systems. 10. 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 Accessing Agency shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the powerto 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. 11. The Village of Tequesta strives to be an inclusive environment. As such, it is the Accessing Agency'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 is accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that the Agreement, 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 ("MC"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TRMCAG/. 12. This Access Agreement will be governed by and construed under the laws of the State of Florida, without reference to the choice of laws provisions thereof. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from this Access Agreement and the remaining provisions of this Access Agreement will remain in full force and effect. 13. Customer shall be the first point of contact for the Accessing Agency for Accessed Software in the event that support services are required by the Accessing Agency Should Customer not be able to solve the Support Service issue, Customer shall contact or coordinate contact with Superion for support services. 14. This Access Agreement contains the entire understanding of the parties with respect to its subject matter supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. No modification of this Access Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Access Agreement. By the signatures of their duly authorized representatives below, Superion, Customer, and Accessing Agency, intending to be legally bound, agree to all of the provisions of this Access Agreement, City of Palm Beach Gardens, FL Superion, LLC f� DotuSlgned lry* BY: BY Pa333MADE4340E.. fiA6 , �t, ayu, PRINT AME: *.rri a PRINT NAMEsteve seoane Page 3 sit 4 Page 35 of 96 Ag" #:7t;1 296A-EB19-492A-98B2-0472EF19F2A7 PRINT TITLE: n DATE SIGNED. Village of Tequesta, FL — Tequesta Police Department BY: PRINOAME: Tg2L.,.wj J�Jk{,+. PRINT TITLE: V t\\%t M�S.e✓ DATE SIGNED. 3 1 a%(1 ao * Page 4 o t 4 TITLE: President, Public safety & Justice DATE SIGNED: 3/23/2020 Page 36 of 96 Agenda Item #3. 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 37 of 96 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 38 of 96 Agenda Item #3. 6�' OF TfQ ep couN�y Memorandum To: Honorable Mayor and Village Council From: Jeremy Allen, Village Manager Date: March 27, 2020 Subject: Superior Party Rental Contract —Tables & Linens I respectfully submit the following agenda item. Superior Party Rental was contracted to supply the tables and lines for the Annexation Meeting on March 16, 2020. Thank you. Page 39 of 96 Agenda Item #3. RENTAL CONTRACT - TERMS AND CONDITIONS The Lessor, named on the reverse page of this contract hereby rents to the Lessee, and applies by his signature on the reverse page on this contract, the personal property described on the reverse page of this contract, subject to all the terms and conditions on each page of this contract, the Lessee, in consideration thereof, acknowledges and agrees as follows. 1. That Lessee has this date and at this time specified received from the Lessor the personal property listed and identified in this contract. a. All equipment is used at Lessee's risk. We exercise precaution in keeping our equipment in good condition. Conditions which prevent satisfactory operation of equipment do not relieve Lessee of his responsibility for all charges and obligations under this contract. b. The rental rate specified in this rental contract begins when the equipment referred to herein leave the Lessor's premises and will continue to accrue until the date that Lessee either (1) returns the leased equipment to Lessor or (2) notifies Lessor in writing that the leased equipment will not or cannot be returned to Lessor. If Lessee notifies Lessor in writing that the leased equipment will not or cannot be returned to Lessor on time and or at all, and obtains Lessor's written approval and terms for the extension, then Lessee agrees to pay to Lessor the dealer replacement price for any equipment not so returned within thi" (30) days of invoice for same. 2. That this product(s) is to be used by the Lessee at the designated address for the stated period and solely for the purposes for which said equipment was manufactured and intended and he will not misuse any such equipment. The product(s) will not be removed from the designated address without the written consent of Lessor, except to return it to the designated Lessor location. 3. That Lessee on the "Date Due in" will immediately return the rented product(s) with all attachments, accessories and parts to the address of the Lessor as listed on the reverse side hereof, in the same conditions the rented product(s) was received; ordinary wear and depreciation expected. 4. That Lessor may, at its own discretion, revert all charges to a daily rate if monthly statements or invoices are not paid on due dates. 5. That Lessor, at its own discretion, may report as stolen all rented product(s) not received within ten (10) days after the dates listed in the "Date Due in" section of this contract, or if conditions or circumstances indicate theft, before that date. Lessee hereby agrees to hold Lessor, harmless from any claim or liability whatsoever resulting from, or rising out of Lessor's reporting property as stolen. Furthermore, the Lessee agrees to indemnify and defend Lessor, it's owners, employees and agents from any claim or liability arising out of Lessor's reporting said theft which includes any damages sought for false imprisonment, intentional or negligent infliction of emotional distress, false detention or any and all damages, losses or liabilities. 6. Accrued rental charges cannot be applied against the purchase price or cost of repairs of such damaged or lost equipment. a. All cartage charges must be done borne by lessee. 7. That Lessee will immediately discontinue use of the personal property should it at any time, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair. Furthermore, the Lessee will immediately notify Lessor that the equipment is unsafe and in disrepair and until such time as Lessor has regained possession the Lessee agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the rented equipment or product. The Lessor will replace equipment with similar equipment in good working order, if available. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise. Page 40 of 96 8. The Lessee hereby agrees to pay all reasonable collection fees, attorneys fees, court costs or any other expenses Agenda Item #3. 9. Lessee agrees to pay two (2%) percent per month late charge for any and all charges or payments due pursuant to these conditions or this contract. Such late charges will begin thirty (30) days after the date of invoice for such charge. There are no warranties of merchantability or fitness, either express or implied which extend beyond the description on the face hereof. 10. Lessee is responsible for equipment security. Lost or stolen equipment will be paid at full list price by Lessee 11. DAMAGE WAIVER. By Lessee's acceptance of the Damage Waiver on the reverse side of this contract and with immediate notification in the event of any accident and the prompt submission of applicable police reports, Lessor and Lessee agree that Lessor will waive any claim against Lessee for direct physical damage to the equipment for any external cause, except as follows: a. Any item of equipment or part thereof which is not returned for whatever reason, including theft; b. Intentional damage c. Loss or damage resulting from overloading or exceeding rated capacity of the equipment; d. Loss or damage to motors or other electrical appliances or devices caused by artificial current; e. Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the equipment or a shortage disclosed on inventory; f. Loss or damage caused by infidelity of Lessee, its employees, or persons to whom the equipment is entrusted; g. Loss or damage resulting from misuse, abuse, failure to maintain cleanliness. h. All damage or loss resulting from use of the equipment in violation of any provision of this contract, violation of any law, ordinance or regulation or operation in an improper or negligent manner; I. Damage from dirtying of equipment by paint, mud, plaster, concrete, resin or other material. Lessee is responsible for cleaning and repainting, as required. If Lessee has insurance covering such loss or damage, Lessee shall exercise all rights available to him under said insurance, take all action necessary to process such claim and Lessee further agrees to sign said claim and any and all proceeds from such insurance shall be payable to Lessor. Lessee to provide Lessor with complete information concerning insurance coverage carried. 12. Damage Waiver covers accidental damage only. Misused or abused equipment damage will be paid by Lessee at full list price. 13. Customer is responsible for loading and unloading goods. If Lessor's and/or Lessee's employees assist in loading or unloading goods, Lessee agrees to assume all risks for property damage and/or personal injury, and hold Lessor harmless for any property damage and/or personal injuries attributed to the negligence of the Lessor or his/her employees. 14. SEVERABILITY. All provisions of this agreement shall be severable so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions. 15. That Superior Party Rental installs tents where Lessee says. Lessee is responsible for showing the installing crew where all underground pipes, wires, etc., are located and can not hold Superior Party Rental liable for any damages to such. 16. That Superior Party Rental shall not be liable, and shall be held harmless, for injuries, or damaged caused by fire from any cause, rain, hail, sleet, snow, storm, high winds, tornados, floods or other disturbances of nature or by tents or other equipment falling by reason thereof to any persons, materials or exhibits while under, near or about the above described property. LINEN CONDITIONS OF USE Dealer is notified prior to the use of the linen of any defects or shortages. It is understood that the Renter fully understands, the proper use and care of the linens. Renter agrees to return the linen in as good condition as when received by renter, ordinary wear expected. "Ordinary wear" shall mean only normal deterioration of the linen caused by Page 41 of 96 ordinary and Agenda Item #3. INDEMNITY/HOLD HARMLESS AGREEMENT Indemnification: Lessee shall indemnify and defend lessor against and hold lessor harmless from and all claims, actions, suits, proceedings, costs expenses, damages and liabilities, including attorney's fees which: 1. Relate to injury or to destruction of property, bodily injury, illness, sickness, disease or death of any person (including employees or lessee), and: 2. Are caused by, or claimed to be caused, in whole or in part by the equipment leased herein or by the liability or conduct (including active, passive, primary or secondary) of lessor, its agent or employees or anyone for whose acts any of them may be liable. The parties agree that lessor shall only be liable or responsible for damages or claims that are caused by the gross negligence or willful, wanton or intentional misconduct of the lessor. Lessee shall, at its own cost or expense, defend lessor against all suits or proceedings commenced by anyone in which lessor is a named party for which lessor is alleged to be liable or responsible as a result of or rising out of the equipment, or any alleged act or omission by lessor, and lessee shall be liable and responsible for all costs, expenses and attorney's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming lessor as a party, lessor may elect to defend said action on its own behalf and lessee agrees that it shall be liable for all costs, expenses and attorney's fee incurred by lessor in such defense. The parties agree that in no event shall lessee's liability for indemnification hereunder exceed $2,000,000. Purpose of this clause: it is the purpose of this clause to shift the risk of all claims relating to the leased property to the lessee during the entire term of the lease. Superior Party Rental Superior Party Rental Signature Page 42 of 96 Agenda Item #3. 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 43 of 96 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 44 of 96 Agenda Item #3. Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Vanguard ADA Systems Coating Date: March 25, 2020 561-768-0700 www.tequesta.org This Agenda item references a vendor required signature to return and purchase Vanguard Systems ecopath crosswalk coating. The ecopath product will be mixed with previously purchased product to darken the color of the crosswalk coating. The ecopath coating will be utilized on crosswalks on Tequesta Drive. The additional cost is $2,424.19. Funds are available in the Public Works Budget Fiscal Year 2020. Douglas Chambers Director Department of Public Works Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Kyle Stone Page 45 of 96 Agenda Item #3. Vanguard ADA Systems 18122 SR9 SE, Ste F Snohomish, WA. 98296 I Name / Address I ViI lage of Tequesta Doug Chambers, Director 345 Tequesta Dr. Jupiter, FL. 33469-3062 Quote Date Quote # i 1/14/2019 I 102319V2R Rep Project hi DM Description Qty Total Green EcoPath (4 gallon pail) price per gallon (17 pails) LESS 201ro Discount, per 68 7,069.23 Jon. Red EcoPath (4 gallon pail) price per gallon (Tequesta to return 17 pails of -68 -8,883.50 UNOPENED & UNDAMAGED. Restocking Fee at 35% for 17 pails of Red EcoPath Returned 3,108.96 Freight (1 pallet) of Red EcoPath sent back to Vanguard ADA Systems via YRC 512.25 Freight (sending unopened pallet w124 pails) Freight (1 pallet) w,' 17 pails of Green EcoPath and 7 cans of Red EcoPath sent to 617.20 Tequesta Village of Tequesta will be shipping back the unopened pallet of 24 pails of Red EcoPath, because they don't have the means to rc-wrap and secure a pallet for shipment. Once Vanguard receives the pallet of Red Ecuputh, and payment in full $2,424.19, Vanguard will ship 7 pails of Red EcoPath back, with the 17 pails of Green EcoPuth on one pallet to Tequesta. 1 .(0- a3s'pe Stg(n 3-A&. Q Li LL e-, Du aCc.,C-0-- �0 woy*L ,n Skn-�P-A r V1J� v Will not submit order, until your approval. Total $21424.19 Page 46 of 96 Agenda Item #3. 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 47 of 96 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 48 of 96 Agenda Item #3. •i an d" Quotation Customer: The Village of Tequesta iland Internet Solutions Corporation Customer #: 130843670 Date: March 9th, 2020 1235 North Loop West, Suite 800, Houston, TX, 77008, USA Quote #: Q-42385-1 Phone: (800) 697-7088 Product Interest: BaaS Secure Cloud Backup Email: sales@iland.com Data Center: Dallas - USA Contract Term: 36 Month(s) SALESPERSON EMAIL PHONE EXT Brandon Reyes breyes@iland.com 7133371356 x Secure Cloud Backup Item Number Description Quantity Cost per Unit Monthly Cost ECS-R-S-VCC iland Secure Cloud Backup with Veeam Cloud Connect (Per GB protected) 30,000.00 USD 0.02600 USD 780.00 BCKP-R-S-INS Insider Protection, 7-days retention for deleted files 30,000.00 USD 0.00975 USD 292.50 TOTAL USD 1,072.50 Total Monthly Recurring Charges: USD 1,072.50 Standard Setup Cost: USD 0.00 Fixed Fee Setup Cost: USD 0.00 Total Non -Recurring Charges: USD 0.00 Page 1 of 2 Page 49 of 96 Agenda Item #3. Terms & Conditions The information in this document is believed to be accurate and valid for 30 days. However, iland assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. iland is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. iland may make changes to this proposal, including changes or updates to the products and services described, including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship unless expressly agreed otherwise in writing signed by the parties. All information supplied in this proposal is to be considered confidential information belonging to iland. THANK YOU FOR YOUR BUSINESS! Page 2 of 2 Page 50 of 96