HomeMy WebLinkAboutDocumentation_Regular_Tab 04_2/10/2022Agenda Item #4.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 10 2022
Staff Contact: Jeremy Allen, Village Manager Department: Manager
11
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.) A.
Dive Rescue International & Tequesta Fire Rescue Host Agreement - Fire Department; $425.00 per
student, see agreement for details. B. Jupiter Environmental, Pace Analytical Service Quote 12232 -
Utilities; $24,351.00.
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.)
A. Dive Rescue International & Tequesta Fire Rescue Host Agreement - Fire Department; $425.00 per
student, see agreement for details.
B. Jupiter Environmental, Pace Analytical Service Quote 12232 - Utilities; $24,351 .00.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
POTENTIAL MOTION- • - •
This agenda item is respectfully submitted for your review and approval.
Dive Rescue International Host Agreement -Fire Dept
Jupiter Environmental, Pace Analytical Services Quote 122321-Utilities
Page 33 of 243
Agenda Item #4.
Village c>f Tequesta
Department of Fire -Rescue Services
�� or reQo
357 Tequesta Drive � � �� 561-768-0500
Tequesta, FL 33469 www.tequesta.org
Res�o
James Trube, Fire chief
To: Jeremy Allen, Village Manag
From: James Trube, Fire chief � .-
Date: January 25, 2022
Re: Host Agreement between Dive Rescue International and Tequesta Fire
Rescue
Please find attached Host Agreement between Dive Rescue International and Tequesta
Fire Rescue for Rapid Intervention Techniques featuring the Rapid Diver unit course to
be held on February 22-24, 2022. The maximum class size is 20 participants. Both
parties agree to abide by the terms and conditions of the agreement. The final date
when the class may be canceled with no financial obligation to Dive Rescue
International is February 1, 2022. The associated fees are as follows;
• Tuition per student per course: $425
• Upon the registration of 15 paid participants, the hosting agency may enroll up to
5 participants at no charge.
. A minimum of 10 paid tuitions will be required for this course to proceed as
scheduled.
Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III
Council Member Bruce Prince
Council Member Laurie Brandon
Council Member Molly 'young
Village Manager Jeremy Allen
Page 34 of 243
Agenda Item #4.
DIVE REt;CUE
HOST AGREEM ENT
This is an agreement made on December 14, 2021 between Dive Rescue International and Tequesta Fire Rescue,
the hosting agency. We agree, and our agencies agree, to be the host for the training course entitled Rapid
Intervention Techniques featuring The Rapid Diver Unit to be held in Tequesta, Florida on February 22-24,, 2022.
I understand Dive Rescue International will provide the following:
Qualified Instructor or Instructors.
Registration of students and collection of tuition.
Instructor fees, travel, and expenses.
❖ Custom training materials and/or textbooks.
Specialized training equipment as required for the course.
Customized brochure,, marketing material and support.
Screening of participants to ensure membership with a public safety agency.
Certificate of Completion awarded to students performing at an acceptable level.
A one-time 10% discount for equipment purchased from Dive Rescue International, This
purchase must be made within 90 days of the class and applies to current retail prices.
Host responsibilities:
• Complete and return all paperwork.
Act as a contact for inquiries concerning local information.
Promote and publicize the course to other public safety agencies.
Instructor transportation to and from the airport and during his/her stay.
Arrange for all instructional facilities which include classroom, audio/visual equipment, and training
sites, as outlined in the Program Information Guide.
I understand that the preferred class size for the Rapid Intervention Techniques featuring The Rapid Diver Unit
course is 20 participants. The tuition for this course is $425 (US Funds) per student. Upon the receipt of 15 paid
registrations the hosting department may enroll up to 5 participants at no charge. A minimum of 10 paid
tuitions will be required for this course to proceed as scheduled.
I understand that if I cancel the scheduled courses by February 1, 2022, 1 will have no financial obligation to Dive
Rescue International. However, if cancellation is made after this date, I agree to compensate Dive Rescue
International for any non-refundable preparation, shipping, or travel expenses.
I have carefully read this statement and understand and accept my obligations as the host.
Justin Fox
President
Dive Rescue International
December 14, 2021
Date
Akcy Authorized Representative
Print Name
X) N� 6_U_V_*_SS7A_Oe1
Print Title
I I'�w1aq
-
Date
Page 35 of 243
Agenda Item #4.
-e ri N.
DIVE RESCUE
HOST SITE INFORMATION FORM
Complete this form and return to Dive Rescue International: Fax: (970) 482-0893 or Email: training!2diverescueinti.com
Course title: Rapid Intervention Techniques featuring The Rapid Diver Unit
Date: February 22-24, 2022
Please provide all information as you want it to appear on the Program Flyer.
Host Agency Name:-T C1S [ S UCH Course Location (City/State or Province):
Shipping Address: 3�7 c/C 1 "QUELOTA DtL e Q (�� �j -
Billing Contact Name: tN A.S Billing Contact Phone Number: 18 3 7
Billing Contact E-mail Address: -STYc) TV0R
0
9CAL. Billing Address: YV ,-q UE5 T� D tL
I f
Location of the First Day of Course:
Building/Department:14ufc::;5'*IOA r"TLZ- SA-PCJ
City/State/Zip: TG_qUC-_3TYAE(-
.. ��
Street�"Z� 0Aoe5jA DjL
Class begins at (time): 8:00 AM
Contact Person (Please List Two):
Name 1: A Work Phone. --6-61 769 0_%6
Cell Phone: 5-/,;L S83? Email Address: 0jX_05TY0 �.Tc LG52q
Name 2: C _�� 5 C Witg'L Work Phone: _51; 76 8. 0 fro 6
Cell Phone: &(D (S J_Y (0 3 0 0 Email Address: CC C-- e xo(Le)
Lodging Recommendations:
Name: LA quY)NJ (4 Address: 3 F1 s � e r ma h s aTu erg&, FC, - 3 3 T71
Hotel Phone: S"C V_:� 7,� o t Group Room Rates (if applicable):
Rates good through (date): A Group Rate Listed Under:
Airport Destination for Instructor: Drive time to airport: 3o ri - n u e-
Other Public Safety Departments (within 100 mile radius) who may be interested in attending:
Agency
Contact Name (if knowny-
Other Public Safety Departments (within 100__mi'
Agency Name:
Contact Name (if known):
Address:
Phone:
'us) who ma
Phone:
erested in attending:
Other Public Safe�partments (within 100 mile radius) who may be interested in attending:
Agencme:
Contact Name (if known):
Add ress:
Phone:
Page 36 of 243
Agenda Item #4.
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) 768-04401P 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.
Page 37 of 243
Agenda Item #4.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative CUM'), available at
www.w3.org/TR/WCAG/."
Page 38 of 243
Agenda Item #4.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequesta
'0 rjr
NCH cove+ W
To: JeremyAllen—Village Manager Jeremy Allen
Thru: Matthew Hammond — Utilities Director
From: Nathan Litteral — water Plan Superintendent
CC: Hugh Dunkley — Finance Director
Date: January 21, 2022
Fie: wTP Lab Services — Recommendation of Award
561-768-0700
www.tequesta.org
Digitally signed by Jeremy Allen
Date: 2022.01.24 1 1:04:21-05'00'
The Village requires the services of a laboratory vendor throughout the year to process samples
collected at the water Treatment Plant and within the water System for regulatory compliance.
These samples include bacteriological, ECR II, Haa5, Lead & Copper, THM, Total Nitrogen and
concentrate samples. The total value of these laboratory services fall between $10,000 and
$25,000. In accordance with the Village Purchasing Policy & Procedures, quotes were requested
from three vendors within the local area: Jupiter Environmental, Pace Analytical Services and
Flowers Chemical Laboratories. The quotes received are attached and a summary of the quotes
are as follows:
Sample
# of
Samples
Jupiter Environmental
Pace Analytical**
Flowers Chemical labs
Unit Price
Extended Price
Unit Price
Extended Price
Unit Price
Extended Price
Bacteriological
520
$ 15
$ 70800
$ 33
$ 17,160
ECR II (1)
28
$ 145
$ 4,060
$ 172
$ 41816
Haa5
4
$ 135
$ 540
$ 110
$ 440
Lead & Copper
35
$ 25
$ 875
$ 22
$ 770
THM
4
$ 65
$ 260
$ 66
$ 264
Total Nitrogen
4
$ 50
$ 200
$ 44
$ 176
Monthly Concentrate (2)
12
$ 512
$ 61144
$ 528
$ 61336
Quarterly Concentrate (3)
4
$ 1,118 1
$ 41472
1
$ 792
$ 31168
Totaill
$24, 351.E
$.3301M.00
*Declined to provide quote
**Courier fees to lab are additional
1) Chloride, Hardness, pH, Conductivity, Nitrate, Color, Calcium, Iron, TDS
2) Fluoride, Copper, Total Nitrogen, Ammonia, Sulfide, Phosphorus, Unionized Sulfide, Conductivity, Salinity, pH
3) Radium 226, Radium 228, Gross Alpha, Chlorophyll A, Total Nitrogen, Ammonia, Conductivity, Salinity, pH
As a result, a purchase order in the amount of $24,351.00 is recommended to be issued to Jupiter
Environmental for the laboratory services needed for the remainder of the Fiscal Year. Sufficient
Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III Council Member Laurie Brandon
Council Member Bruce Prince Council Member Molly Young
Village Manager Jeremy Allen
Page 39 of 243
Agenda Item #4.
funds are available in the Water Fund for this purchase order. The current status of General
Ledger No. 401-242-532.342 is as follows:
GL Number Description Budget YTD Activity Available
401-242-532.342 Water Analysis &Sampling $40,500 $6,543 $34,441
Page 40 of 243
Agenda Item #4.
Jupiter
December 23, 2021
Nathan Litteral
Water Plant Superintendent
Village of Tequesta, FL 33469
RE: Analytical Lab Services
Jupiter Environmental Laboratories, Inc. Quote 122321
Dear Mr. Litteral,
Jupiter Environmental Laboratories Inc would like to thank y9ou for your business and
continued patronage of our services.
As your current laboratory service provider, we are pleased to hold your current pricing for
the quoted analytes below. This pricing will remain firm January 1st through September 3 01h
2022.
25.00
-Ammonia
_DW Bacteria Analysis Total E Coliform
15.00
Chlorophyll 11 A
85.00
-Copper
12.00
11 (Chloride, Hardness, pH, Conductivity, Nitrate, Color, Ca, Fe, TDS)
145.00
_ECR
Flouride
20.00
& Copp_erI'n DW
25.00
-Lead
Acid
135.00
-Halo-Acetic
By 524.2
65.00
_THMs
25.00
-Nitrate
Nitrogen
50.00
-Total
15.00
-Phosphorous
Alpha
85.00
-Gross
226
125.00
-Radium
Radium 228
145.00
Sulfide
45.00
-Unionized
_TSS
25.00
Best regards.
Yl:ynda Russell
President
*150 South Old Dixie Highway, Jupiter, FL 33458
Ph (561) 575-0030
jbrennergjupiter1abs.com www.Jupiteriabs.com
Page 41 of 243
Agenda Item #4.
Pace Analytical Services, LLC
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.672.5828
Pace pr zNV\z% W kS and \RMR5 tes��ng
For more info see: PFAS
For more info see: UCMR 5
Pace Quote Number: 011222-01
Organization: Village of TeQuesta
Address: 901 Old Dixie Highway
City, State, Zip: Jupiter, FL 33469
Attention: Nathan Litteral
Email: n1ifteralQequesta.2mra
Phone: (0) 561-768-0493, @ 561-262-1084
Proiect Name: Teauesta WTP Basic Water Sample Quote
Start Date: Unknown
Samples Per Day: Unknown
Required Certification: Florida
Surcharge: NA
Turnaround Time: 10-15 business days Rads 4-6 weeks
Date: 1112122
Shipping: C3Mz:\nlpm
pr \4*\a V V" dk\l'
am and 1 pm I day per week.
1.ctronic Data Deliverable: Client downloadable from
Pace Port
Primary Lab: Ormond Beach
Pace Contact: Mike VaIder
813-340-8100
Mike.Valder@i)acelabs.com
Qty I Matrix ITest Description Mathod Unit Price I Total
U.S. EPA National Primary and Secondary Drinking Water Regulated Contaminants:
Primary In rganics
I
Drinking Water
Metals, Primary Drinking Water: Lead
200.8
$22.00
$22.00
1
Drinkinq Water
Fluoride
300.0
22.00
__$22.00
1
Drinking Water
Nitro en Nitrate
300.0/353.2
$22.00
$22.00
Seconda Standard Inorganics
I
Drinking Water
Metals, Secondary Drinking Water: Copper
200.8
$22.00
1
$22.00
1
Drinking Water
Metals, Secondary Drinking Water: Iron
200.7
$17.001
$17.00
I
Drinking Water
Chloride
300.0
$22.00
$22.00
1
Drinking Water
Color, Apparent
SM2120B
$11.00
$11.00
1
Drinkinq Water
IpH
SM4500H+B
S11.001
$11.00
1
Drinkin-Q Water
Solids Total Dissolved [TD51
SM2540C
22.001
$22.00
Prima [y Disinfection Byproducts
1
Drinking Water
Trihalomethanes (THMs) - NO CHARGE WHEN RUN WITH VOCs
524.2
$66.00
$66.00
1
Drinkin _Q Water
Haloacetic Acids [HAAs]
552.3
$110.00
$110.00
'0
Primary Radionuclides
I
Drinking Watera
Gross AlA] P
900.0
S55.001
S55.00
)0
1
Water
Wat
Radium-226
903.1
$88.001
$88.00
Prima Microorganisms
Drinking Water
Coliform, Total/E. coli - SHORT HOLD -TIME PARAMETER;
COORDINATE SAMPLING AND SHIPPING WITH PACE PM
SM9223B
$33.00
$33.00
11
Page 1 of 5
Page 42 of 243
Agenda Item #4.
Pace Analytical Services, LLC
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.672.5828
oty I Matrix Rest Description ! ! Unit Price I Total
Miscellaneous Unre ulated Water Quality Parameters:
1
Drinkin Water
Ammonia
350.1
$22.00
$22.00
1
Drinkin Water
Chlorophyll A
SM 10200H
55.00
$55.00
1
Drinkinq Water
Total Nitro en
TKN+NOx
$44.00
$44.00
1
Drinkinci Water
Total Phosphorous
365.4
22.00
S22.00
1
Drinking Water
Unionized Sulfide H2S
SM 450OS-F
$44.00
$44.00
1
Drinkinq Water
Conductivity
SM2510B
$11.00
$11.00
1
Drinking Water
Hardness
SM2340B
$34.00
$34.00
Page 2 of 5
Page 43 of 243
Agenda Item #4.
Pace Analytical Services, LLC
8 East Tower Circle
Ormond Beach, FL32174
386.672.5668
fax 386.672.5828
Emergency Work Weekend Line Break
1
Drinking Water
Coliform, Total/E. coli - SHORT HOLD -TIME PARAMETER;
nI N ATF SAM PH N G AN n q H I PPI N r, WITH PACF PM.
SM9223B
$77.00
$77.00
1
Drinking Water
Courier Fee Weekends per trip
$1fi5.00
$165.00
561-445-1692 as soon as you know of the emergency. The samples will be brought to the Lab in Pompano Beach by the client. Data wil be delivered to the
client when the work is done. Village of Tequesta is not a prepay client. There is a possibility of Pace courier if the samples are ready for pickup between
10 am and 1 pm 7 days per week. Other wise the samples will be brought to Pompano Beach by the client. Weekend courier if abailable will run $165 per
trip
Sam le H ndlin-q & Disposal
1 NA Environmental Im act Fee er invoice $15.00 $15.00
i-qnmole
1 NA Dis osal Fee er sample $5.00 8106
Estimated Project Total I I
Pace is U.S. EPA approved for UCMR testing and certified for drinking water
compliance monitoring analysis in all 50 states, Puerto Rico, U.S. Virgin Islands, and Guam.
If you have specific questions about any conditions noted below please contact your Pace Analytical Representative.
Proposal expires 60 days from created date above, unless accepted, signed and returned.
• Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise.
• If project specific MS/MSD samples are submitted, they may be billable.
• TAT [Turn -around Time] is in working/business days unless otherwise specified above.
To ensure requested TAT is available, please coordinate with your Pace Analytical Projct Manager at time of sample submittal.
• Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices.
• Please include Quote Number on Chain -of -Custody to ensure proper billing.
• Pricing includes FedEx Ground delivery of bottle/sample kits and coolers.
• Charges will apply for non-standard shipping and for projects where shipping exceeds 10% of the total analytical costs of the shipment.
• Sample containers can't be reused by the lab once they have been distributed to a client. Pace reserves the right to charge for returned unused containers.
• Disposal fees apply to all samples placed on hold and not analysed.
• Samples are retained by Pace for 30 days after sample receipt.
I W e appr ec�ate the oppo�t���ty to be of secv\ce . I
P\ease co��act Pau\Jackson@pace\ahs com fog questions co�cerri�ng this quote.
Page 3 of 5
Page 44 of 243
Agenda Item #4.
Pace Analytical Services, LLC
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.672.5828
Pace Analytical Services, LLC - TERMS & CONDITIONS
1. Defi itin ons:
Holding Timo• The maximum amount of time a sample may be stored before being analyzed.
Sample Delivery Acceptance (SDAL The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced by either a notation on the Chain of Custody or an entry in the Lab's
information management system (LIMS).
Sample Delivery Grow (r� _SDO) A set of samples normally shipped and reported to the Lab as a group.
Turnaround Time [TAT]: The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated from the date of SDA.
2. Client's Obligations:
a. Client must complete one [1) of the following steps to initiate Lab's services: 1. submit a completed (hard -copy) purchase order ii. place a telephone order iii. email a request iv. attach a completed
purchase order to an email v. approve Lab's quotation, or vi. place an order for Lab's supplies via Lab's website.
b. Subject to occasional, mutually agreed -upon exceptions, Client must, for each sample delivered to Lab, provide all of the following information: 1. a minimum of five (5) days' prior notice ii. the name of
the responsible project manager iii. the name of the person submitting the sample iv. the specific collection site v. the date and time of collection vi. the specific testing being requested, and vii.
sufficient details about reporting requirement(s).
c. Client shall also:
i. remain liable for any loss or damage to sample(s) until SDA
ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writing
iii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoice
iv. reimburse Lab for any costs, including attorneys' fees, required to collect delinquent payments
v. pay for any services it orders on any sample(s) already analyzed by Lab.
vi. obtain Lab's prior written consent before assigning billing or payment of Lab services to any credit -worthy third party, [failure to do so shall mean Client remains responsible for the payment of any
outstanding balance)
vii. refrain from using any of Lab's supplies (e.g., sample containers) in connection with any non -Lab services
viii. ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported, and delivered to Lab in accordance with all applicable regulations
ix. obtain Lab's prior written consent before publishing Lab's name and/or any data
x. reimburse Lab for any out -of -scope services and related expenses (e.g., defending its analytical results or responding to a subpoena for documents and/or expert testimony)
A. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other 'Force Majeure' event or circumstance beyond Lab's control, such as
government shutdowns, natural disasters, labor strikes, or acts of God; and
xii. accept responsibility for any claims, damages, losses, expenses, etc. [including reasonable attorneys ' fees) to the extent they were caused by Client's: breach of these Terms; negligence or willful
minnnnrl- n+ �ta�hinh n�nrnnn�te inn�i �rinn ltlinn+�n nn of I nh�n nnrr+n nnri �nr yin+n fnr nnrthinn ntk+ r +h•+n +hn nnnnifin ni irnnnn fnr �.�hinh i+ � n[n in+nn,4nr41. nr -i^I-Ct n of nnn1innhln ktain
3. Lab's Obligations:
Lab shall:
a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionally recognized standards.
b. Promptly notify Client of any: i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring
action by Lab so that Client might also take appropriate action.
c. Assume responsibility for the quality of its services.
d. Prepare and maintain accurate records.
e. Obtain or maintain any permitts), ficensets), or certification[sj as necessary for the performance of its services.
f. Charge its fees on a net 30 basis [unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge on any unpaid balances.
g. Invoice Client for each sample or SDG as reported.
h. Assume risk of loss or damage to any Client sample(s) upon SDA
i. Initiate analysis within established holding times - so long as SDA occurred within 48 hours of collection or the first half of the maximum allowed holding time.
j. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys' fees) to the extent they were caused by Lab's: breach of these Terms; negligence or willful misconduct;
or the negligence and willful misconduct of persons for whom Lab is legally responsible.
k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability or fitness for a particular purpose.
4. Lab's Discretionary Actions;
Lab may:
a. Cease all services, including any release of data, if Client does not pay as agreed
b. Reject or rescind any SDA if Lab decides sample poses a risk
c. Charge or bill Client directly for:
i. reasonable attorneys' fees
H. any supplies (including containers) that are not used or returned
iii. outbound/return shipping
iv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab's SDA thereof
v. disposal of any other samples that have not been reclaimed within 30 days of Lab's SDA thereof, or as otherwise required
vi. a minimum fee for invoicing and/or handling samples, and
vii. any sample that underwent SDA, but was subsequently, at Client's direction, not analyzed.
d. Return unused portions of samples found or suspected to be hazardous to Client, at Client's cost.
e. Retain Client's unreleased data and/or cancel Client's web portal access pending payment in full.
Page 4 of 5
Page 45 of 243
Agenda Item #4.
Pace Analytical Services, LLC
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.672.5828
Pace Analytical Services, LLC. - TERMS & CONDITIONS - Continued
5Confidential tv: The Parties agree that they will take ail reasonable precautions to prevent the unauthorized disclosure of any proprietary or confidential information of each other and that they will
not disclose such information except to those employees, subcontractors, or agents who have expressly agreed to maintain confidentiality.
6* Governing Law: These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to the principles of conflicts of law thereof.
Term: The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated in accordance with Section 8. below
8.-Termination;
a. Either party may terminate these Terms upon 30 days' prior written notice.
b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab's dated invoice.
Limitation of Liability:
a. if a court of competent jurisdiction finds that Lab failed to met applicable standards and if Client suffers damages as a result, Lab's aggregate liability for its negligence or unintentional breach of
contract shall not exceed the total fee paid for its services.
b. This limitation shall not apply to any Client losses arising from Lab's negligence or willful misconduct, so long as Client:
i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and
ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.
c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitive damages.
10, A • Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless reduced to writing and signed by both Parties.
11• Storage of Data: Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to five (5) years depending upon the applicable requirements.
V. toeRectual wpm M- Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while performing services for Client pursuant to these Terms. Lab may,
however, grant a license to the Client for its use of same.
13 Non -competition; Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services governed by these Terms.
14 Non -assignment: Neither parry may assign or transfer any right or obligation existing under these Terms without prior written notice to the other party, except that Lab may freely transfer the
services to another Lab location or, with Client's permission, subcontract the services to a third -party.
5 surance: Lab carries insurance with the limits of coverage as indicated below and will, upon Client's request, submit certificates of insurance showing same.
a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate;
b. Personal and Advertising Injury - $1,000,000;
c. Automobile Liability - $1,000,000 combined single limit;
d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;
e. Worker's Compensation Insurance - statutory limits; and
f. Professional Liability $5,000,000 aggregate, $5,000,000 per claim.
16. Miscellaneous Provisions:
a_ In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client
b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and any amendments, notices, records, disclosures, or other documents of any
type sent or received in accordance with these Terms.
c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent, servant, employee, or partner of the other.
d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.
e. Lab's compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.
f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
I have read and understand these terms and conditions:
Jeremy Allen Digitally signed by Jeremy Allen
Client's Printed Name: Date: 2022.01.24 1 1:06:01-05'00'
Client's Signature:
Date:
Page 5 of 5
Page 46 of 243
Agenda Item #4.
PUBLIC RECORDS. ]naccordance with Sec. lI9.O7Ol,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, orallow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements ofChapter ll9'Florida Statutes. ACONTRA[TOR
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 a\torne«'s fees and costs
pursuant to Sec. 1I9.0701, Florida Statutes, and other penalties under Sec I19.10, 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 ofthe Agreement, CONTRACTOR shall transfer, atnocost 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.
.F CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119� FLORIDA STATUTES,L 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
! !. OR AT 345 TEQUESTA DR"VE, TEQUESTA FLORIDA
33469,
Pursuant toArticle XUofthe Palm Beach County Charter, the Office ofthe 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 pa/ties 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 243
Agenda Item #4.
"The Village ofTequesta strives to be an inclusive environment. As such, it isthe Village's policy
to comply with the requirements of Title 11 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 beprovided inaformat
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0(Dec. ll, 2008) ("VV[AG lO Level AN'), published by
Page 48 of 243