HomeMy WebLinkAboutAgreement_General_10/8/2020_TequestaTireCoSECOND ADDENDUM TO THE CONTRACT
FOR FLEET MAINTENANCE AND REPAIR
BY AND BETWEEN
THE VILLAGE OF TEQUESTA
AND
TEQUESTA TIRE CO., INC.
THIS SECOND ADDENDUM, entered into and effective this 00 day of October 2020,
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, Florida 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 9t' 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's vehicles is extended to run from December �, 2020,
through December 8, 2021. This is the second and final 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 Second Addendum shall be attached to the current Contract and shall
become a part thereof.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the Contractor and the Village have signed and
executed this Second Addendum with an effective date as noted above.
Witnesses:
ATTEST:
Lori McWilliams, MMC
Village Clerk
TEQUESTA TIRE CO., INC.
By: E enie Beebe, President
(Corporate Seal) _
VILLAGE OF TEQUESTA
By: A gail Br nan, Mayor
(Seal)
PG0FtPO9G'
SEAL
IN D
CORPORA?-ED /
Page 2 of 2
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
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"W.
VILLAGE OF TEQUESTA
CONTRACT FOR FLEET MAINTENANCE AND REPAIR
THIS CONTRACT FOR FLEET MAINTENANCE AND REPAIR, .hereinafter
-- --per --= - --- ----
"Agreement", is entered into_and effective this I . day of7DeC4*k'_r 2016, by and between the
VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345
Tequesta Drive,. Tequesta,.Florida 33.469-0273, 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 heri .in (Exhibit
"A") along with the Contractor's response thereto (Exhibit "B" ). .
2. CON WENSATION: 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, emission,
negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in
the performance of services under this Agreement.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.1331
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:
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
'~ - " CONTRACT FOR FLEET MAINTENANCE AND REPAIR
11. INSPECTOR GF gFK4L: Pursuant to Article XH of the Pahn 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
11/10/2016 5:08 PH FAX 9617476511 TEQUESTATiRE Q 0004/0004
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 infi)rmation technology systems.
1F T"' CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1191 FLORIDA STATUTES, TO TM
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VULAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 76"655, OR AT lmcwilliarns a Leauesfs. r& OR AT 345
TEQUESTA DRIVE, TEQUEST.A, FLORIDA 33469.
IN W ITMS WHEREOF, the Parties hereto have executed this Agreement the date and
year f nt above Written.
WITNESSES; TEQ[IESTA TIRE CO., INC.
60
Bys E enie Beebe, President
CCo orate Seal
