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HomeMy WebLinkAboutAgreement_General_10/1/2021_Paul WhittmannVILLAGE OF TEQUESTA DONATION AGREEMENT FOR BANYAN TREE MAINTENANCE THIS AGREEMENT FOR BANYAN TREE MAINTENANCE is entered into and effective this `-1- day of G�iyT3r.�2j. 2021 (the "Effective Date'), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta. Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and Paul Wittmann. a man in his individual capacity with an address of 25 Bay Harbor Road, Tequesta, Florida 33469, hereinafter the '`Donor' and collectively with the Village, the "Parties". RECITALS WHEREAS, the Village of Tequesta owns and maintains a banyan tree located at the intersection of Point Drive and Bay Harbor Road within the Village (the "Tree"), and WHEREAS, the Village pays for regular maintenance of the Tree, performed three to four times per year, at a cost of approximately $8,000 annually; and WHEREAS, the Donor appreciates the beauty of this tree and wishes to support the Villa_,e in its maintenance activities: and WHEREAS, the Donor desires to donate to the Village money for the trimming and maintenance of the Tree, and the Village desires to accept same from the Donor (the "Donation"); and WHEREAS, the Parties desire to set forth the terms and conditions of the Donation in this Agreement. NOW THEREFORE, for good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The Donation: The Donor agrees to donate to the Village, and the Villa`Je aurees to accept from the Donor. S 10,000 to pay for trimming and maintenance of the Tree. This Donation is made in accordance with Village Resolution No. 59-19 which is hereby incorporated by reference. In providing the Donation. the Donor shall satisfy all applicable federal_ state, and local laws and regulations. 2. Use of the Donation: The Village agrees to use the Donation for the regular maintenance of the "free. This will include but not be limited to exams by an Arborist, trimming. Page 1 pruning. and subsequent debris removal and cleanup, consistent with the maintenance activities that the Village has performed in the past or otherwise as recommended by an Arborist. 3. Choice of Law and 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: Paul Wittmann ZL By: goll Wittmann, in his individual capacity VILLAGE OF TEQUESTA By: Frank D'Ambra, Mayor ATTEST: Lori McWilliams. MMC SEAL Village Clerk ;INCORPORATED Page 2 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "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/."