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Documentation_Regular_Tab 03_3/10/2022
Agenda Item #3. Regular Council STAFF MEMO Meeting: Regular Council - Mar 10 2022 Staff Contact: Jeremy Allen, Village Manager Department: Manager 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. Enterprise Consignment Auction Agreement - Public Works, See Agreement. B. FEC Railway Real Estate Lease File #281-1-2A - Public Works, $4,715.87. C. FEC Railway Real Estate Lease File #281- 1-213 - Public Works, $13,578.42. D. Jupiter Environmental Laboratories, Inc. Quote 12231 - Utilities, $24,351.00. E. Southeastern Printing Company Estimate 9421 - Village Clerk, $594.00. F. Southeastern Printing Company Estimate 9445 - Village Clerk, $2,174.00. G. Kimley-Horn Work Authorization, Tequesta Park Pavilion Structural Evaluation - Public Works, $5,500.00. H. Trane Condenser Proposal 3108443 - Public Works, $11,765.00. I. TotalCaring Training Site Agreement Renewal - Fire Dept., See Agreement J. Fire Alarm and Monitoring Service Agreement: Recreation Center at Constitution Park 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. Enterprise Consignment Auction Agreement - Public Works, See Agreement. B. FEC Railway Real Estate Lease File #281-1-2A - Public Works, $4,715.87. C. FEC Railway Real Estate Lease File #281-1-213 - Public Works, $13,578.42. D. Jupiter Environmental Laboratories, Inc. Quote 12231 - Utilities, $24,351.00. E. Southeastern Printing Company Estimate 9421 - Village Clerk, $594.00. F. Southeastern Printing Company Estimate 9445 - Village Clerk, $2,174.00. G. Kimley-Horn Work Authorization, Tequesta Park Pavilion Structural Evaluation - Public Works, $5,500.00. H. Trane Condenser Proposal 3108443 - Public Works, $11,765.00. I. TotalCaring Training Site Agreement Renewal - Fire Dept., See Agreement 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. Page 40 of 290 Agenda Item #3. BUDGETED AMOUNT: n/a AVAILABLE AMOUNT: n/a EXPENDITURE AMOUNT: n/a Additional Budgetary Information: Funding Source(s): 9 Items, each with individual costs n/a This agenda items are respectfully submitted for your review and approval. ATTACHMENTS: �-% Enterprise Consignment Auction Agreement - Public Works FEC Railwav Real Estate Lease File #281-1-2A-Public Works FEC Railway Real Estate Lease File #281-1-2B-Publlic Works Jupiter Environmental Laboratories, Inc. Quote 122321-Utilities Southeastern Printing Company Estimate 9431-Village Clerk Southeastern Printing Company Estimate 9445-Village Clerk Kimley-Horn Work Authorization Teguesta Park Pavilion Structural Inspection -Public Works Trane Condenser Proposal 3108443-Public Works Total Caring Training Site Agrrement Renewal RADIO DIALER - MONITORING AGREEMENT Community Center at Constitution Park (2) Warranty Maintenance Agreement - Community Center at Constitution Park Page 41 of 290 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tequesta S s �� coves From: Doug Chambers, Public Works Director Date: February 8, 2022 Subject: Enterprise Consignment Auction Agreement 561-768-0700 www.tequesta.org The following agenda item references a consignment auction agreement with Enterprise Fleet Management. In November 2020 the Village Council approved the lease of three new Dodge Durango's from Enterprise. Per the lease agreement, three Police Department Vehicles (PD503, 504, 505) will be traded to enterprise. To conclude the trade a consignment auction agreement is required. The consignment agreement requires the Village Manager's signature. Doug Chambers Director Department of Public Works 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 42 of 290 Agenda Item #3. FLEET MANAGEMENT CONSIGNMENT AUCTION AGREEMENT THIS AGREEMENT is entered into by and between Enterprise Fleet Management, Inc. a Missouri Corporation (hereinafter referred to as "Enterprise") and Village of Teguesta, Florida (hereinafter referred to as "CUSTOMER") on this 23rd day of December 2021 (hereinafter referred to as the "Execution Date"). RECITALS A. Enterprise is in the business of selling previous leased and rental vehicles at wholelsale auctions; and B. The CUSTOMER is in the business of Government C. The CUSTOMER and Enterprise wish to enter into an agreement whereby Enterprise will sell at wholesale auction, CUSTOMER's vehicles set forth on Exhibit A, attached hereto and incorporated herein, as supplemented from time to time (collectively, the "Vehicles"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows: TERMS AND CONDITIONS 1. Right to Sell: Enterprise shall have the non-exclusive right to sell any Vehicles consigned to Enterprise by a CUSTOMER within the Geographic Territory. 2. Power of Attorney: CUSTOMER appoints Enterprise as its true and lawful attorney -in -fact to sign Vehicle titles on behalf of CUSTOMER for transfer of same and hereby grant it power in any and all matters pertaining to the transfer of Vehicle titles and any papers necessary thereto on behalf of CUSTOMER. The rights, powers and authorities of said attorney -in -fact granted in this instrument shall commence and be in full force and effect on the Execution Date, and such rights, powers and authority shall remain in full force and effect thereafter until terminated as set forth herein. 3. Assignments: Vehicle assignments may be issued to Enterprise by phone, fax, or electronically. 4. Service Fee: For each Vehicle sold, the CUSTOMER shall pay Enterprise a fee of $400 ("Service Fee") plus towing at prevailing rates. 5. Sales Process: Enterprise shall use reasonable efforts sell each Vehicle. CUSTOMER may, at its discretion, place a Minimum Bid or Bid to be Approved (BTBA) on any Vehicle by providing prior written notification to Enterprise. 6. Time for Payment: (a) No later than ten (10) business days after the collection of funds for the sale of a Vehicle, Enterprise will remit to the CUSTOMER an amount equal to the Vehicle sale price minus any seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling Vehicle, regardless of whether the purchaser pays for the Vehicle. (b) Enterprise's obligations pursuant to Section 6(a) shall not apply to Vehicle sales involving mistakes or inadvertences in the sales process where Enterprise reasonably believes that fairness to the buyer or seller justifies the cancellation or reversal of the sale. If Enterprise has already remitted payment to CUSTOMER pursuant to Section 6(a) prior to the sale being reversed or cancelled, CUSTOMER agrees to reimburse Enterprise said payment in full. Enterprise will then re -list the Vehicle and pay CUSTOMER in accordance with this Section 6. Examples of mistakes or inadvertences include, but are not limited, to Vehicles sold using inaccurate or incomplete vehicle or title descriptions and bids entered erroneously. 7. Indemnification and Hold Harmless: Enterprise and CUSTOMER agree to indemnify, defend and hold each other and its parent, employees and agents harmless to the extent any loss, damage, or liability arises from the negligence or willful misconduct of the other, its agents or employees, and for its breach of any term of this Agreement. The parties' obligations under this section shall survive termination of this Agreement. Page 43 of 290 Agenda Item #3. 8. Liens, Judgments, Titles and Defects: CUSTOMER shall defend, indemnify and hold Enterprise its parent, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney's fees), suits and demands arising out of, based upon, or resulting from any judgments, liens or citations that were placed on the Vehicle, defects in the Vehicle's title, or mechanical or design defects in the Vehicle. 9. Odometer: Enterprise assumes no responsibility for the correctness of the odometer reading on any Vehicle and the CUSTOMER shall defend, indemnify and hold Enterprise its parent, employees and agents harmless from and against any and all claims, expenses (including reasonable attorney's fees), suits and demands arising out of, based upon or resulting from inaccuracy of the odometer reading on any Vehicle or any odometer statement prepared in connection with the sale of any Vehicle, unless such inaccuracy is caused by an employee, Enterprise, or officer of Enterprise. 10. Bankruptcy: Subject to applicable law, in the event of the filing by CUSTOMER of a petition in bankruptcy or an involuntary assignment of its assets for the benefit of creditors, Enterprise may accumulate sales proceeds from the sale ofall Vehicles and deduct seller fees, auction fees, Service Fees, towing costs, title service fees, enhancement fees and any expenses incurred by Enterprise while selling Vehicle from said funds. Enterprise will thereafter remit to CUSTOMER the net proceeds of said accumulated sales proceeds, if any. 11. Compliance with Laws: Enterprise shall comply with all federal, state, and local laws, regulations, ordinances, and statutes, including those of any state motor vehicle departments, department of insurance, and the Federal Odometer Act. 12. Insurance: CUSTOMER shall obtain and maintain in force at all times during the term of this Agreement and keep in place until each Vehicle is sold and title is transferred on each Vehicle, automobile third party liability of $1,000,000 per occurrence and physical damage coverage on all Vehicles. This insurance shall be written as a primary policy and not contributing with any insurance coverage or self-insurance applicable to Enterprise. 13. Term: This agreement is effective on the Execution Date and shall continue until such time as either party shall notify the other party with thirty (30) days prior written notice to terminate the Agreement with or without cause. 14. Modification: No modification, amendment or waiver of this Agreement or any of its provisions shall be binding unless in writing and duly signed by the parties hereto. 15. Entire Agreement: This Agreement constitutes the entire Agreement between the parties and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, with respect to the subject matter hereto. 16. Liability Limit: In the event Enterprise is responsible for any damage to a Vehicle, Enterprise's liability for damage to a Vehicle in its possession shall be limited to the lesser of: (1) the actual cost to repair the damage to such vehicle suffered while in Enterprise's possession; or (2) the negative impact to the salvage value of such vehicle. Enterprise shall not be liable for any other damages to a Vehicle of any kind, including but not limited to special, incidental, consequential or other damages. 17. Attorney's Fees: In the event that a party hereto institutes any action or proceeding to enforce the provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party reasonable attorney's fees and costs for legal services rendered to the prevailing party. 18. Authorization: Each party represents and warrants to the other party that the person signing this Agreement on behalf of such party is duly authorized to bind such party. "ENTERPRISE" "CUSTOMER" Signature: Signature: Printed Name: Printed Name: � `P A Title: Title: / �.4Z S G M c 111- c -A/ Date Signed: Date Signed: 1 I q I as Agenda Item #3. Regular Council STAFF MEMO Meeting: Regular Council - Dec 10 2020 Staff Contact: Gus Medina, Police Chief Department: Police Approve Lease -Purchase of Four (4) Police Vehicles Under the Master Equity Lease Agreement with Enterprise Fleet Management, Dated December 13, 2019 This is a continuation of our partnership with Enterprise Fleet Management which will allow the department to improve the performance of its fleet while reducing costs. This partnership is aimed at moving us from an "own, buy -and -hold" fleet management strategy to a more flexible program with a shortened cycle, which would allow the department to have newer and safer vehicles for the same or even less of an investment. The total capitalized lease cost for the four (4) vehicles total $156,850.96. The capitalized costs for the vehicles are as follows: three (3) Dodge Durangos @ $46,408.98 each; one (1) Dodge Journey @ $17,624.02. The Master Equity Lease Agreement between the Village and Enterprise FM Trust (dba Enterprise Fleet Management) is on file in the Police Department for review. Please contact Asst. Chief James McGrew at 561-768-0500 to view the file. BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $156,900.00 $156,900.00 $156,850.96 Additional Budgetary Information: Funding Source(s): 001-175-664.602 (Vehicles) Lease -Purchase Approve the lease -purchase of four (4) police vehicles under the Master Equity Lease Agreement with Enterprise Fleet Management, dated December 13, 2019. pd enterprise lease memo fy21 Q# 4633913 2020 Dodge Journey SE Value Q# 4778972 2021 Dodge Durango Pursuit Page 45 of 290 Agenda Item #3. 357 Tequesta Drive Tequesta, FL 33469 Village of Tequesta Police Department Police Chief Gus Medina To: Village of Tequesta's Council Members From: Police Chief Gus Medina i Date: November 25, 2020 Re: Enterprise Lease Agreement 561-768-0500 www.tequesta.org The Tequesta Police Department is requesting to lease three new Dodge Durangos (Patrol Models), and one new Dodge Journey from Enterprise Fleet Management. The three Dodge Durangos will replace three older Ford Explorers, which are in poor condition. The Journey will replace the Police Department's aging Dodge Avenger, and will be used by the Tequesta Police Department's DEA task force officer. The Ford Explorers being traded to Enterprise are: Unit: 503 VIN: IFM5K8AR8FGC52067 Unit: 504 VIN: 1FM5K8AR2FGA66556 Unit: 505 VIN: 1FM5K8AR8FGC52067 Sincerely, Police Chief Gus Medina Mileage: 77,695.4 Mileage: 62,931.6 Mileage: 71,295.5 Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Laurie Brandon Council Member Vince Arena Council Member Kyle Stone Village Manager Jeremy Allen Page 46 of 290 FLEET en -End (Equity) Lease Rate Quote Quote No: 4633913 O VAGEMENT P q Y) Prepared For: Village of Tequesta, Florida Date 09/15/2020 McGrew, Jim AE/AM JG9/B1 L Unit # Year 2020 Make Dodge Model Journey Series SE Value 4dr Front -wheel Drive Vehicle Order Type Ordered Term 60 State FL Customer# 580801 $ 17,624.02 Capitalized Price of Vehicle t All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. $ 0.00 Sales Tax 0.0000%State FL $ 0.00 Initial License Fee Order Information $ 0.00 Registration Fee Driver Name $ 200.00 Other:Courtesy Delivery Fee Exterior Color (0 P) Pitch Black Clearcoat $ 0.00 Capitalized Price Reduction Interior Color (0 1) Black w/Premium Cloth Low -Back Bucket S $ 0.00 Tax on Capitalized Price Reduction Lic. Plate Type Government $ 0.00 Gain Applied From Prior Unit GVWR 0 $ 0.00 Tax on Gain On Prior $ 0.00 Security Deposit $ 0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $ 17,624.02 Total Capitalized Amount (Delivered Price) $ 281.98 Depreciation Reserve @ 1.6000% $ 79.52 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2 Including Management $ 50.00 Fee of $ 361.50 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $ 0.00 Commercial Automobile Liability Enrollment Liability Limit $0.00 $ 0.00 Physical Damage Management Comp/Coll Deductible 0/0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal $ 0.00 Sales Tax 6.5000% State FL $ 361.50 Total Monthly Rental Including Additional Services $ 705.22 Reduced Book Value at 60 Months $ 400.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 10,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open -End (Equity) Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee. LESSEE Village of Tequesta, Florida BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been Used By Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The indusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet ManagemePInc.,, pp rsJ 10 1r2§t6 Printed On 09/15/2020 08:44:55 PM Page 1 of 6 FLEET en -End (Equity) Lease Rate Quote Quote No: 4633913 O TAGEMENT P q Y) separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. Page 48 of 290 Printed On 09/15/2020 08:44:55 PM Page 2 of 6 FLE Open -End (Equity) Lease Rate Quote Quote No: 4633913 A #3ET VEHICLE INFORMATION: 2020 Dodge Journey SE Value 4dr Front -wheel Drive - US Series ID: JCDH49 Pricing Summary: INVOICE MSRP Base Vehicle $23,437 $23,675.00 Total Options $0.00 $0.00 Destination Charge $1,495.00 $1,495.00 Total Price $24,932.00 $25,170.00 SELECTED COLOR: Exterior: PX8-(0 P) Pitch Black Clearcoat Interior: X9-(0 I) Black w/Premium Cloth Low -Back Bucket Seats or Premium Cloth Low -Back Bucket Seats (E7) SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 22B Quick Order Package 22B NC NC APA Monotone Paint Application STD STD DFF Transmission: 4-Speed Automatic VLP STD STD E5 Premium Cloth Low -Back Bucket Seats STD STD ED3 Engine: 2.4L 14 DOHC 16V Dual VVT STD STD NAA Federal Emissions NC NC PX8_02 (0 P) Pitch Black Clearcoat NC NC RHA Radio:4.3 STD STD SDC Normal Duty Suspension STD STD STDAX 4.28 Axle Ratio STD STD TUQ Tires: 225/65R17 BSW A/S Touring STD STD W7A 17" Wheel Covers Included Included WARANT FCA 5 yr/100,000 Mile Powertrain Limited Warranty NC NC WFU Wheels: 17" x 6.5" Steel STD STD X9 01 (0 1) Black w/Premium Cloth Low -Back Bucket Seats or Premium Cloth Low -Back NC NC — Bucket Seats (E7) Z1B GVWR: 5,300 lbs STD STD Page 49 of 290 Printed On 09/15/2020 08:44:55 PM Page 3 of 6 CONFIGURED FEATURES: Agenda Item #3. Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: liftgate Driver And Passenger Mirror: power remote heated manual folding side -view door mirrors Door Handles: body -coloured Front And Rear Bumpers: body -coloured front and rear bumpers with black rub strip Body Material: galvanized steel/aluminum/composite body material Roof Rack: rails only Grille: chrome grille Convenience Features: Air Conditioning manual dual -zone front air conditioning Air Filter: air filter Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver 1-touch down 1/4 Vent Rear Windows: power rearmost windows Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry Integrated Key Remote: integrated key/remote Auto Locking: auto -locking doors Passive Entry: Keyless Enter-N-Go proximity key Valet Key: valet function Steering Wheel: steering wheel with manual tilting, manual telescoping Day -Night Rearview Mirror: day -night rearview mirror Auto -dimming Rearview Mirror: auto -dimming rearview mirror Driver and Passenger Vanity Mirror: driver and passenger -side visor mirrors Front Cupholder: front and rear cupholders Floor Console: full floor console with covered box Glove Box: illuminated locking glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Seatback Storage Pockets: 1 seatback storage pockets Interior Concealed Storage: interior concealed storage IP Storage: bin instrument -panel storage Rear Underseat Storage Tray: rear underseat storage tray Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 4 12V DC power outlets Entertainment Features: radio AM/FM/Satellite-prep with seek -scan, single in -dash CD player MP3 Player: CD-MP3 decoder Equalizer: graphic equalizer Speed Sensitive Volume: speed -sensitive volume Steering Wheel Radio Controls: steering -wheel mounted audio controls Speakers: 6 speakers 1st Row LCD: 1 1st row LCD monitor Antenna: integrated roof antenna Lighting, Visibility and Instrumentation Features: Headlamp Type delay -off aero-composite halogen headlamps Front Wipers: variable intermittent speed -sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper Rear Window Defroster: rear window defroster Tinted Windows: deep -tinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Door Curb/Courtesy Lights: 2 door curb/courtesy lights Variable IP Lighting: variable instrument panel lighting Page 50 of 290 Printed On 09/15/2020 08:44:55 PM Page 4 of 6 Display Type: digital/analog display Ag# t1t6-rh° : Exterior Temp: outside -temperature display Low Tire Pressure Warning: tire specific low -tire -pressure warning Park Distance Control: ParkSense rear parking sensors Trip Computer: trip computer Trip Odometer: trip odometer Oil Pressure Gauge: oil pressure gauge Water Temp Gauge: water temp. gauge Oil Temp Gauge: oil temperature gauge Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter Clock: in -radio display clock Systems Monitor: systems monitor Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Oil Pressure Warning: oil -pressure warning Water Temp Warning: water -temp. warning Battery Warning: battery warning Lights On Warning: lights -on warning Key in Ignition Warning: key -in -ignition warning Low Fuel Warning: low -fuel warning Low Washer Fluid Warning: low -washer -fluid warning Bulb Failure Warning: bulb -failure warning Door Ajar Warning: door -ajar warning Trunk Ajar Warning: trunk -ajar warning Brake Fluid Warning: brake -fluid warning Turn Signal On Warning: turn -signal -on warning Transmission Fluid Temperature Warning: transmission -fluid -temperature warning Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes Vented Disc Brakes: front ventilated disc brakes Daytime Running Lights: daytime running lights Spare Tire Type: compact spare tire Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front -impact airbags Driver Side Airbag: seat -mounted driver and passenger side -impact airbags Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side -impact bars Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Ignition Disable: Sentry Key immobilizer Panic Alarm: panic alarm Electronic Stability: electronic stability stability control with anti -roll Traction Control: ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints with tilt AntiWhi plash FrontHead rests: anti -whiplash front head restraints Rear Headrest Control: 3 rear head restraints 3rd Row Headrests: 2 fixed third row head restraints Seats And Trim: Page 51 of 290 Printed On 09/15/2020 08:44:55 PM Page 5 of 6 Seating Capacity max. seating capacity of 7 AgLs"tdgF"LfiTW #ant bucket seats Number of Driver Seat Adjustments: 6-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Height Adjustment: manual height -adjustable driver and passenger seats Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front no centre armrest Rear Seat Type: rear manual reclining 40-60 split -bench seat Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: Tilt'n Slide rear seat fold -forward seatback Rear Seat Armrest: rear seat centre armrest 3rd Row Seat Type: fixed third row manual 50-50 bench seat 3rd Row Electric Control: fold into floor third row seat Leather Upholstery: premium cloth front and rear seat upholstery Door Trim Insert: vinyl door panel trim Headliner Material: full cloth headliner Floor Covering: full carpet floor covering Dashboard Console Insert, Door Panel Insert Combination: metal -look instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob Floor Mats: carpet front and rear floor mats Interior Accents: chrome/metal-look interior accents Cargo Space Trim: carpet cargo space Trunk Lid: plastic trunk lid/rear cargo door Cargo Tie Downs: cargo tie -downs Cargo Light: cargo light Concealed Cargo Storage: concealed cargo storage Standard Engine: Engine 173-hp, 2.4-liter 1-4 (regular gas) Standard Transmission: Transmission 4-speed automatic w/ OD and auto -manual Page 52 of 290 Printed On 09/15/2020 08:44:55 PM Page 6 of 6 FLEET en -End (Equity) Lease Rate Quote Quote No: 4778972 O VAGEMENT P q Y) Prepared For: Village of Tequesta, Florida Date 11/20/2020 McGrew, Jim AE/AM JG9/B1 L Unit # 23PL54 Year 2021 Make Dodge Model Durango Series Pursuit 4dr All -wheel Drive Vehicle Order Type Ordered Term 60 State FL Customer# 580801 $ 54,025.96 Capitalized Price of Vehicle t All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. $ 0.00 Sales Tax 0.0000%State FL $ 0.00 Initial License Fee Order Information $ 0.00 Registration Fee Driver Name $ 375.00 Other:Courtesy Delivery Fee Exterior Color (0 P) DB Black Clearcoat $ 991.98 Capitalized Price Reduction Interior Color (0 1) Black w/Cloth Bucket Seats w/Shift Inse $ 0.00 Tax on Capitalized Price Reduction Lic. Plate Type Yellow City $ 7,000.00 Gain Applied From Prior Unit GVWR 0 $ 0.00 Tax on Gain On Prior $ 0.00 Security Deposit $ 0.00 Tax on Incentive ( Taxable Incentive Total : $0.00 ) $ 46,408.98 Total Capitalized Amount (Delivered Price) $ 742.54 Depreciation Reserve @ 1.6000% $ 116.20 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2 Including Management $ 50.00 Fee of $ 858.74 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $ 0.00 Commercial Automobile Liability Enrollment Liability Limit $0.00 $ 0.00 Physical Damage Management Comp/Coll Deductible 0/0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal $ 0.00 Sales Tax 6.5000% State FL $ 858.74 Total Monthly Rental Including Additional Services $ 1,856.58 Reduced Book Value at 60 Months $ 400.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 10,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open -End (Equity) Lease Agreement until the vehicle is sold. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee. LESSEE Village of Tequesta, Florida BY TITLE DATE INDICATES ITEMS TO BE BILLED ON DELIVERY. Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been Used By Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The indusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [invoice/Schedule/Quote], gall such�i maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Managemer� In ., Inc, pear �3t tfy Printed On 11/20/2020 01:15:55 PM Page 1 of 8 FLEET en -End (Equity) Lease Rate Quote Quote No: 4778972 O TAGEMENT P q Y) separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. Page 54 of 290 Printed On 11/20/2020 01:15:55 PM Page 2 of 8 literiorisemaLum Open -End (Equity) Lease Rate Quote Quote No: 4778972 Aftermarket Equipment Total Description (B)illed or (C)apped Price PUBLIC SAFETY SUPPLY, LLC - Quote Number: 1142 C $ 15,983.96 Total Aftermarket Equipment Billed $ 0.00 Total Aftermarket Equipment Capitalized $ 15,983.96 Aftermarket Equipment Total $ 15,983.96 Page 55 of 290 Printed On 11/20/2020 01:15:55 PM Page 3 of 8 FLE Open -End (Equity) Lease Rate Quote Quote No: 4778972 A #3ET VEHICLE INFORMATION: 2021 Dodge Durango Pursuit 4dr All -wheel Drive - US Series ID: WDEE75 Pricing Summary: INVOICE MSRP Base Vehicle $35,675 $36,000.00 Total Options $5,622.00 $6,245.00 Destination Charge $1,495.00 $1,495.00 Total Price $42,792.00 $43,740.00 SELECTED COLOR: Exterior: PXJ-(0 P) DB Black Clearcoat Interior: X9-(0 I) Black w/Cloth Bucket Seats w/Shift Insert or Cloth Bucket Seats w/Rear Vinyl SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP 2BZ Quick Order Package 2BZ NC NC ADL Skid Plate Group $266.00 $295.00 AHX Trailer Tow Group IV $760.00 $845.00 APA Monotone Paint Application STD STD C5 Cloth Bucket Seats w/Shift Insert STD STD CD4 Tungsten Interior Accent Stitch NC NC CUG Police Floor Console $755.00 $840.00 CW6 Deactivate Rear Doors/Windows $68.00 $75.00 CW7 Door/Window Activation Kit $90.00 $100.00 DFT Transmission: 8-Speed Automatic (850RE) STD STD DLK 3.45 Rear Axle Ratio STD STD ERC Engine: 3.6L V6 24V VVT UPG I WESS STD STD JLN GPS Navigation Included Included JLP GPS Antenna Input Included Included JRC Power Liftgate $356.00 $395.00 LNF Black Left LED Spot Lamp $490.00 $545.00 LSA Security Alarm $136.00 $150.00 NAS 50 State Emissions NC NC PXJ_03 (0 P) DB Black Clearcoat NC NC RDG Global Telematics Box Module (TBM) Included Included RE8 HD Radio Included Included RF5 Google Android Auto Included Included RF7 USB Host Flip Included Included RFP Apple CarPlay Included Included RFV Disassociated Touchscreen Display Included Included RHV 10.1" Touchscreen Display Included Included RSD SiriusXM Satellite Radio Included Included RT1 SiriusXM Guardian - Included Trial (B) Included Included RTF Integrated Center Stack Radio Included Included RTQ 4G LTE Wi-Fi Hot Spot Included Included RTU SiriusXM w/360L Included Included RTV Connected Travel & Traffic Services Included Included TP5 Tires: P265/60R18 BSW On/Off Road STD STD Page 56 of 290 Printed On 11/20/2020 01:15:55 PM Page 4 of 8 A - - I FL ET OTAGEMENT Open -End (Equity) Lease Rate Quote Quote No: 4778972 CODE DESCRIPTION INVOICE MSRP UBN Radio: Uconnect 5 Nav w/10.1" Display $878.00 $975.00 WBN Wheels: 18" x 8.0" Black Steel STD STD X9E For Details Visit DriveUconnect.com Included Included X9K 1-Year Trial (Registration Required) Included Included X9_02 (0 1) Black w/Cloth Bucket Seats w/Shift Insert or Cloth Bucket Seats w/Rear Vinyl NC NC XAN Blind Spot & Cross Path Detection $446.00 $495.00 XCS 4 Additional Key Fobs $90.00 $100.00 XEE Fuel Tank Skid Plate Shield Included Included XEF Transfer Case Skid Plate Shield Included Included XEU Front Suspension Skid Plate Included Included XF3 Underbody Skid Plate Included Included XFH Class IV Receiver Hitch Included Included XPW Front & Rear Wire Harness $1,287.00 $1,430.00 XRB Integrated Voice Command w/Bluetooth Included Included Z6K GVWR: 6,500 lbs STD STD Page 57 of 290 Printed On 11/20/2020 01:15:55 PM Page 5 of 8 CONFIGURED FEATURES: Agenda Item #3. Body Exterior Features: Number Of Doors 4 Driver And Passenger Mirror: power remote heated manual folding side -view door mirrors Spoiler: rear lip spoiler Skid Plates: skid plates Door Handles: body -coloured Front And Rear Bumpers: body -coloured front and rear bumpers with coloured rub strip Rear Step Bumper: rear step bumper Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material : class IV trailering with hitch Grille: black grille Convenience Features: Air Conditioning automatic dual -zone front air conditioning Air Filter: air filter Rear Air Conditioning: rear air conditioning with separate controls Console Ducts: console ducts Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Fuel Remote Release: power fuel remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry Integrated Key Remote: integrated key/remote Auto Locking: auto -locking doors Passive Entry: proximity key Valet Key: valet function Trunk FOB Controls: keyfob trunk/hatch/door release Window FOB Controls: remote window controls Steering Wheel: steering wheel with manual tilting, manual telescoping Day -Night Rearview Mirror: day -night rearview mirror Auto -dimming Rearview Mirror: auto -dimming rearview mirror Driver and Passenger Vanity Mirror: driver and passenger -side visor mirrors Emergency SOS: Roadside Assistance/9-1-1 Call Front Cupholder: front and rear cupholders Floor Console: partial floor console with covered box Overhead Console: mini overhead console with storage Glove Box: illuminated locking glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Accessory Outlet: 3 12V DC power outlets Entertainment Features: radio SiriusXM AM/FM/HD/Satellite with seek -scan Radio Data System: radio data system Voice Activated Radio: voice activated radio Speed Sensitive Volume: speed -sensitive volume Steering Wheel Radio Controls: steering -wheel mounted audio controls Speakers: 6 speakers Internet Access: 4G LTE Wi-Fi Hot Spot internet access 1st Row LCD: 2 1st row LCD monitor Wireless Connectivity: wireless phone connectivity Antenna: integrated roof antenna Lighting, Visibility and Instrumentation Features: Page 58 of 290 Printed On 11/20/2020 01:15:55 PM Page 6 of 8 Headlamp Type delay -off projector beam LED low/high beam headlamps AgbnjEftal"ar:termittent speed -sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper Rear Window Defroster: rear window defroster Tinted Windows: deep -tinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Door Curb/Courtesy Lights: 2 door curb/courtesy lights Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog display Tachometer: tachometer Voltometer: voltmeter Compass: compass Exterior Temp: outside -temperature display Low Tire Pressure Warning: tire specific low -tire -pressure warning Park Distance Control: ParkSense with Stop rear parking sensors Trip Computer: trip computer Trip Odometer: trip odometer Blind Spot Sensor: blind spot Oil Pressure Gauge: oil pressure gauge Water Temp Gauge: water temp. gauge Oil Temp Gauge: oil temperature gauge Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter Clock: in -radio display clock Systems Monitor: systems monitor Check Control: redundant digital speedometer Rear Vision Camera: rear vision camera Oil Pressure Warning: oil -pressure warning Water Temp Warning: water -temp. warning Battery Warning: battery warning Lights On Warning: lights -on warning Low Fuel Warning: low -fuel warning Low Washer Fluid Warning: low -washer -fluid warning Bulb Failure Warning: bulb -failure warning Door Ajar Warning: door -ajar warning Trunk Ajar Warning: trunk -ajar warning Brake Fluid Warning: brake -fluid warning Turn Signal On Warning: turn -signal -on warning Transmission Fluid Temperature Warning: transmission -fluid -temperature warning Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights Spare Tire Type: full-size spare tire Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front -impact airbags Driver Side Airbag: seat -mounted driver and passenger side -impact airbags Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side -impact bars Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Page 59 of 290 Printed On 11/20/2020 01:15:55 PM Page 7 of 8 Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks AgWffdNdJt6fflL#& rear child safety locks Ignition Disable: Sentry Key immobilizer Security System: security system Panic Alarm: panic alarm Electronic Stability: electronic stability stability control with anti -roll Traction Control: ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints with tilt Rear Headrest Control: 3 rear head restraints Break Resistant Glass: break resistant glass Seats And Trim: Seating Capacity max. seating capacity of 5 Front Bucket Seats: front bucket seats Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 4-way driver and passenger lumbar support Driver Height Adjustment: power height -adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Fold Flat Passenger Seat: fold flat passenger seat Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split -bench seat Rear Folding Position: rear seat fold -forward seatback Rear Seat Armrest: rear seat centre armrest Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner Floor Covering: full vinyl/rubber floor covering Dashboard Console Insert, Door Panel Insert Combination: leatherette instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob LeatherSteeringWheel: leather/metal-look steering wheel Interior Accents: chrome interior accents Cargo Space Trim: carpet cargo space Trunk Lid: plastic trunk lid/rear cargo door Cargo Tie Downs: cargo tie -downs Cargo Light: cargo light Concealed Cargo Storage: concealed cargo storage Standard Engine: Engine 293-hp, 3.6-liter V-6 (regular gas) Standard Transmission: Transmission 8-speed automatic w/ OD and auto -manual Page 60 of 290 Printed On 11/20/2020 01:15:55 PM Page 8 of 8 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 61 of 290 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 62 of 290 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tequesta S s �� coves From: Doug Chambers, Public Works Director Date: February 8, 2022 Subject: Florida East Coast Railway Real Estate Lease (File #281-1-2A) 561-768-0700 www.tequesta.org The following agenda item relates to a Property Lease with the Florida East Coast Railway. The Village leases the property, known as "Linear Park" located on the east side of the railroad tracks on Old Dixie Highway from Bridge Road to Countyline Road. The lease is reviewed by Florida East Coast Railway on an annual basis. The FEC has provided the option to renew the lease for an additional 12-month period, effective January 30, 2022 through January 29, 2023. The renewal term will be increased by 5%. The annual rate for the renewal term will be $4,715.87. Funding for the Annual Lease is available and budgeted in account 001-210-544.304 and 001-000-155.101. Doug Chambers Director Department of Public Works 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 63 of 290 Agenda Item #3. ,=C Florida East Coast R Q W January 7, 2022 Village Manager 345 Tequesta Drive Tequesta, Florida 33469 RE: Real Estate Lease (File#281-1-2A) dated 1/30/2006 by and between FEC ROW LLC as Lessor ("Lessor") and Village of Tequesta as Lessee ("Lessee") Dear Lessee: We are writing to inform you that the terms of the referenced Lease provide you with the option to renew the Lease for an additional 12-month period (the "Renewal Term"), provided you notify the Lessor prior to the end of the current teen. To expedite your exercise of this option, we have provided below a place for you to acknowledge exercising this option by returning a signed copy of this letter. If you choose to exercise your option, your Lease will be renewed effective January 30, 2022 and extended through January 29, 2023. Also in accordance with Section 2, the rental rate for the term immediately preceding the Renewal Term will be increased by 5%; therefore your new annual rental rate for the Renewal Term will be $4,715.87 plus all sales or use taxes levied by any governmental body for the use or occupancy of the Leased Premises. All other terms and conditions of the Lease shall continue to be in effect during the Renewal Term. In anticipation of your renewal, you will be receiving an invoice for the Renewal Term. If you do not intend to exercise your option to renew this Lease, please do not return a copy of this letter and instead please refer to the provisions of Paragraph 13 and 14 .of your Lease which advise you of your obligations and requirements for termination. Please return a copy of this letter signed and dated below, acknowledging and exercising your option to renew the Lease, to my attention at the address written below. If you'have any questions, please contact. me at 904-538-6372 or Giovanna.Aldrete(a)fecrwy.com Sincerely Giovanna Aldrete ACKNOWLEDGED AND ACCEPTED: This day of-&puary 20AA By: 77 Print N e and Title: ' "`m er FEC ROW LLC 7150 Philips Highway I Jacksonville, FL 32256 Page 64 of 290 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 65 of 290 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 66 of 290 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tequesta r� From: Doug Chambers, Public Works Director Date: February 8, 2022 Subject: Florida East Coast Railway Real Estate Lease (File #281-1-2B) 561-768-0700 www.tequesta.org The following agenda item relates to a Property Lease with the Florida East Coast Railway. The Village leases the property, located on the northeast and southeast side of the railroad crossing on Old Dixie Highway and Tequesta Drive. The lease is reviewed by Florida East Coast Railway on an annual basis. The FEC has provided the option to renew the lease for an additional 12-month period, effective July, 2021 through July 10, 2022. The renewal term will be increased by 5%. The annual rate for the renewal term will be $13,578.42. Funding for the Annual Lease is available and budgeted in account 001-000-155.101. Doug Chambers Director Department of Public Works 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 67 of 290 Agenda Item #3. C Florida East Coast ROW July 1, 2021 Village Manager 345 Tequesta Drive Tequesta, Florida 33469 RE: Real Estate Lease (File#281-1-2B) dated 7/1 1/2006 by and between Florida East Coast Railway, LLC as Lessor ("Lessor") and Village of Tequesta as Lessee ("Lessee") Dear Lessee: We are writing to inform you that the terms of the referenced Lease provide you with the option to renew the Lease for an additional 12-month period (the "Renewal Term"), provided you notify the Lessor prior to the end of the current term. To expedite your exercise of this option, we have provided below a place for you to acknowledge exercising this option by returning a signed copy of this letter. If you choose to exercise your option, your Lease will be renewed effective July 11, 2021 and extended through July 10, 2022. Also in accordance with Section 2, the rental rate for the term immediately preceding the Renewal Term will be increased by 5%; therefore your new annual rental rate for the Renewal Term will be $13,578.42 plus all sales or use taxes levied by any governmental body for the use or occupancy of the Leased Premises. All other terms and conditions of the Lease shall continue to be in effect during the Renewal Term. In anticipation of your renewal, you will be receiving an invoice for the Renewal Term. If you do not intend to exercise your option to renew this Lease, please do not return a copy of this letter and instead please refer to the provisions of Paragraph 13 and 14 of your Lease which advise you of your obligations and requirements for termination. Please return a copy of this letter signed and dated below, acknowledging and exercising your option to renew the Lease, to my attention at the address written below. If you have any questions, please contact me at 904-538-6372 or Giovanna.Aldrete(a),fecrwy.com Sincerely Giovanna Aldrete ACKNOWLEDGED AND ACCEPTED: This day of ry mil. By: / Print a and Title: J �ere.my 4lleo V► lla , I"LCl yla e-r FEC ROW LLC 7150 Philips Highway I Jacksonville, FL 32256 Page 68 of 290 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 69 of 290 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 70 of 290 Agenda Item #3. Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen —Village Manager Jeremy Allen Thru: Matthew Hammond — Utilities Director From: Nathan Litteral — Water Plan Superintendent CC: Hugh Dunkley —Finance Director Date: January 21, 2022 Re: WTP Lab Services — Recommendation of Award 5 61- 768-0700 www.tequesta.org Digitally signed by Jeremy Allen Date: 2022.01.2411:04:21-05'00' 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 $ 7,800 $ 33 $ 17,160 ECR II (1) 28 $ 145 $ 4,060 $ 172 $ 4,816 Haas 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 $ 6,144 $ 528 $ 6,336 Quarterly Concentrate (3) 4 $ 1,118 $ 4,472 $ 792 $ 3,168 Totall $24,351.00 $33,130.00 *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 71 of 290 Agenda Item #3. 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 Budfet YTD Activity Available 401-242-532.342 Water Analysis & Sampling $40,500 $6,543 $34,441 Page 72 of 290 Agenda Item #3. Jupiter December 23, 2021 Nathan Litteral Water Plant Superintendent Village of Tequesta, FL 33469 Digitally signed by Jeremy Allen Jeremy Allen Date: 2022.02.07 07:29:38-05'00' 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 I" through September 30" 2022. Ammonia 25.00 DW Bacteria Analysis Total E Coliform 15.00 Chlorophyll II A 85.00 Copper 12.00 ECR II (Chloride, Hardness, pH, Conductivity, Nitrate, Color, Ca, Fe, TDS) 145.00 Flouride 20.00 Lead & Copper in DW 25.00 Halo -Acetic Acid 135.00 THMs By 524.2 65.00 Nitrate 25.00 Total Nitrogen 50.00 Phosphorous 15.00 Gross Alpha 85.00 Radium 226 125.00 Radium 228 145.00 Unionized Sulfide 45.00 TSS 25.00 Best regards. Ytda Russell President * 150 South Old Dixie Highway, Jupiter, FL 33458 Ph (561) 575-0030 JbrennerAiuviterlabs.com www.Jupiteriabs.com Page 73 of 290 Agenda Item #3. Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.672.5668 fax 386.672.5828 Pace p�z\Maz% W AS a1d test\\g For more info see: PFAS For more info see: UCMR 5 Pace Quote Number: 011222-01 Organization: Villaqe of Tequesta Address: 901 Old Dixie Highway City, State, Zip: Jupiter, FL 33469 Attention: Nathan Littoral Email: nlitteral(&-teguesta.org Phone: (0) 561-768-0493, © 561-262-1084 Proiect Name: Tequesta WTP Basic Water Samole Quote Start Date: Unknown Samples Per Day: Unknown Required Certification: Florida Surcharge: NA Turnaround Time: 10-15 business days Reds 4-6 weeks Date: 1112122 Shipping: Zza\%mec sMpmes< <o 6zc \k pcovcded by Pace v\a Fedkx Ref�c�\ zvvpmex�i zt samp\es pcov\ded by 6iaT . �hece \s a posscb'cUty of Pace co�c\ec \f Nhe samp\es ace toady oc pcck�pbekwee"10 am and 1 pml days pet week. :ctronic Data Deliverable: Client downloadable from PacePort Primary Lab: Ormond Beach Pace Contact: Mike Valder 813-340-8100 Mike. Valder(cDpacelabs. com City I Matrix ITest Description I Method I Unit Price I Total U.S. EPA National Primary and Secondary Drinking Water Regulated Contaminants: Primary Inor anics 1 Drinking Water Metals, Primary Drinking Water: Lead 200.8 $22.00 $22.00 1 Drinking Water lFluoride 300.0 $22.001 $22.00 1 Drinking Water lNitrogen, Nitrate 300.0 353.2 22 nni S22.00 Secondary Standard Inor anics 1 Drinking Water Metals, Secondary Drinking Water: Copper 200.8 $22.00 $22.00 1 Drinking Water Metals, Secondary Drinking Water: Iron 200.7 $17.00 $17.00 1 Drinkinq Water Chloride 300.0 $22.00 $22.00 1 Drinking Water I Color Aonarent SM2120B $11.00 $11.00 1 1 Drinking Water IPH SM4500H+B 1 $11.001 $11.00 1 I Drinking Water lSolids. Total Dissolved TDS SM2540C 1 $22.001 $22.00 Primary Disinfection BvDroducts 1 Drinking Water Trihalomethanes (THMs) - NO CHARGE WHEN RUN WITH VOCs 524.2 $66.00 $66.00 1 Drinking Water Haloacetic Acids HAAs 552.3 silo.00 110.00 Primary Radionuclides 1 Drinking Water Gross Alpha 1 900.0 1 S55.00155.00 1 Drinking Water Radium-226 1 903.1 1 $88.001 $88.00 Primary Microorcianisms 1 Drinking Water Coliform, Total/E. coli - SHORT HOLD -TIME PARAMETER; COORDINATE SAMPLING AND SHIPPING WITH PACE PM SM92236 $33.00 $33.00 Page 1 of 5 Page 74 of 290 Agenda Item #3. Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.672.5668 fax 386.672.5828 Description I Method I Unit Price I Total Miscellaneous Unre ulated Water Quality Parameters: 1 Drinkinq Water Ammonia 350.1 $22.00 $22.00 1 Drinkinq Water Chlorophyll A SM 10200H $55.00 $55.00 1 Drinking Water Total Nitro en TKN+NOx $44.00 $44.00 1 Drinkinq Water Total Phos horous 365.4 $22.00 $22.00 1 Drinking Water Unionized Sulfide H2S SM 450OS-F $44.00 $44.00 1 Drinkinq Water Conductivi SM25106 $11.00 11.00 1 Drinkinq Water lHardness SM234DB 1 $34. $34.001 Page 2 of 5 Page 75 of 290 Agenda Item #3. Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.672.5668 fax 386.672.5828 Description I Method I Unit Price I Total Emergency Work Weekend Line Break 1 Drinking Water Coliform, Total/E. coli - SHORT HOLD -TIME PARAMETER; SM9223B $77.00 $77.00 1 Drinking Water Courier Fee Weekends per trip $165.001 $155.00 561-445-1692 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 Handling & Dis osal 1 I NA I Environmental Impact Fee er invoice 15.00 15.00 1 I NA ISamDIe Dis osal Fee er sample 1 $5.00 5.00 d Project Tota I1017.00 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 analyzed. Samoles are retained by Pace for 30 days after samDle receipt. I \N appce6ate the to be of serv\ce. I P\ease coMackPau\Jackson@pace\abs.com�oc coocerrimgquote. Page 3 of 5 Page 76 of 290 Agenda Item #3. 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 Definitions: Holding Time: The maximum amount of time a sample may be stored before being analyzed. Sample Delivery Acceptance (SDAI: 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 Group ISD01' A set of samples normally shipped and reported to the Lab as a group. Turnaround Time fTATh 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: I. 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: I. 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 H. 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 vii. 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 .,.,.,.1.—r —1.......I.,;.,...1.,.,rc...,v...—.,fI..L................. A/.,..1.,«., i. ,,.,,—;.-.,_,«I..,.,«L,...,.,.,.*;,—.r.,.,.,.,f—,.,l.;«,.,.,,.i..«...,a..al.,...,(.,.,.,.,4,1., 1..,.,,. 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 permit(s), license(s), or certification(s) 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 SOA 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 Clients cost. e. Retain Clients unreleased data and/or cancel Clients web portal access pending payment in full. Page 4 of 5 Page 77 of 290 Agenda Item #3. 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 5, Confidentialitr.The Parties agree that they will take all 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. 7. 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 a. Either parry 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. a. If a court of competent jurisdiction finds that Lab failed to meet 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. Amendment/Change Order: 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. 12 Intellectual Property: 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. A 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 Clients permission, subcontract the services to a third -party. 15, Insurance: Lab carries insurance with the limits of coverage as indicated below and will, upon Clients 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: Clients Printed Name: Clients Signature: Date: Page 5 of 5 Page 78 of 290 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 79 of 290 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 ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 80 of 290 Agenda Item #3. PQ'� of T f QG 4cA COUMty Memorandum To: Jeremy Allen, Village Manager From: Lori McWilliams, Village Clerk Date: February 16, 2022 Subject: Southeastern Printing Company Estimate 9431 The attached agenda item is Southeastern Printing Company's Estimate 9431. Southeastern Printing is the selected vendor to prepare and provide printing services for the 2022 Winter Edition of the Village of Tecluesta's Newsletter, Smoke Signals. The total cost of services for this item is $594.00, printing 3686 copies of the publication. Funding for this item was anticipated and is budgeted. Thank you. Page 81 of 290 Agenda Item #3. southeastern Client ID: 2833 Village of Tequesta 345 Tequesta Dr. Tequesta FL 33469 Phone: 561-768-0700 Fax: 561-768-0697 Rep: Eric Ellison 86a erice@seprint.com Newsletter Mailing Quantity: 3,686 Flat Size: 8.5 x 11 Finished Size: 8.5 x 11 QUOTATION Estimate: 9431 Effective Date: 1/27/2022 Finishing: Deliver to PO, DP, Cass & Presort, Inkjet, Sort, Tie & Tray and NCOA Packaging: Deliver balance to Client Quantity 3,686 Price $594 M SE f, Street "eatt,. FL 33010 305. .s70a sepriflt.Lom PRICES REMAIN IN EFFECT FOR 7 DAYS Quotation is based on current market conditions. Pricing and delivery subject to change based on availability at time of order Thank you for the opportunity to provide you with this estimate. We look forward to exceeding your expectations. Standard minimum turn time is 6 business days from proof approval. Additional charges may occur if an accelerated schedule is requested. This quotation is subject to the terms and conditions in our terms of sale set forth here, and which are, by reference, made a part hereof. Prices quoted are based on details furnished to our estimating department and are subject to revision if, upon receipt of copy it is determined that the material deviates from original specifications. Any such price revision will be confirmed before the order is processed. We reserve the right to reject any order upon receipt without liability on our part. All orders are subject to underruns or overruns of up to 10 percent. The deficiency or excess will be credited or charged proportionally. Payment Terms: Due in 30 days Please Initial: The item(s) ordered are for resale and not subject to sales tax. The item(s) ordered are for internal use. Please charge sales tax. Please read, sign and return to place your order: ,e-� � .,,l 1 a Mate Signature Print Name Title ! Date Pfj e $2'Of 290 Aged,&!temp. Effective Date: 1/27/2022 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is made and, if accepted by Southeastern ("Printer"), order will be entered subject to the following trade customs and any other conditions expressed herein, which are hereby understood to be binding on both parties. Terms of this proposal shall be limited to fifteen (15) days from date to proposal. It is to be clearly understood that such terms constitute the entire agreement of the parties, can be amended or altered only pursuant to writing signed by both parties, and in any event not by any stipulation, representation or agreement not contained in this contract, or by parol evidence , and that these terms shall govern the order contrary to prior or subsequent writings by Customer notwithstanding. 2. Orders regularly entered cannot be cancelled except upon terms that will compensate Printer against loss. All orders are subject to final acceptance by Printer, and it shall not be liable for any loss or damage resulting from its reasonable failure to accept orders, ship products ordered or notify Customer of its non -acceptance of orders. 3. Experimental work performed at the Customer's request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charged for at current rates. 4. Artwork, sketches, copy, dummies, and all preparatory work, plates, engravings and other manufacturing tools or items created or furnished by Printer shall remain its exclusive property, no use of same shall be made nor may any ideas obtained therefrom be used, except by written permission of Printer and upon compensation to be determined by Printer. 5. Original artwork, photos, plates, engravings and other manufacturing items when supplied by Customer are accepted at the Customer's risk and Printer shall not be liable for damage or loss in excess of out-of-pocket cost for raw materials or value agreed to in writing between Printer and Customer. 6. Author's alterations (AA): All changes from original specifications made by Customer shall entitle Printer to additional charges at the current rates for the additional work performed. 7. Errors: Printer shall not be liable for errors if printed matter conforms to files furnished by Customer. Proofs will be submitted if requested by Customer. Corrections, if any, are to be made thereon and returned with Proof/Print Authorization form marked "O.K." or "O.K. with corrections", and signed by duly authorized representative of Customer. If revised proofs are desired, request must be made when proof returned. Printer shall not be responsible for errors if work is performed as per Customer's "O.K." 8. Press: Press proofs incur additional charges. Printer shall charge for additional press time arising from Customer delay during make -ready press check or for change orders received after job is plated. Because of the difference in equipment and conditions between color proofing and the pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute an acceptable delivery. 9. Customer's Property: All Customer's property that is stored with Printer is at the Customer's risk, and Printer shall not be liable for any loss or damages thereto caused by fire, theft, water leakage, rodents, insects, or any other cause beyond Printer's control. It is understood that the storage of Customer's property is solely for the benefit of the Customer. 10, Terms: Unless otherwise arranged for, a deposit of 50% is requested upon the signing of proposal, 25% upon delivery of the job proof, and the balance upon completion of this order or upon delivery of the first copy or copies. All accounts not paid for within forty -five (45) days of invoice shall be charged interest at the rate of eighteen per cent (18%) per annum, if such rate shall be precluded by local law, this such rate shall be the highest rate allowable pursuant to such law. 11. Warranty: Printer warrants that its work will meet applicable specifications and other specific product work requirements and will be of good quality and free from defects in material and workmanship. All claims must be made within five (5) days of receipt of goods. Defective items must be held for Printer's inspection and returned to the original F.O.B. point upon request. The foregoing is expressly in lieu of all other warranties whatsoever, expressed, implied, and statutory, including, without limitation, and implied warranties of merchantability and fitness. Upon Customer's submission of a claim and its substantiation, Printer shall at its option either (1) replace its product or work at either the original F.O.B. point of delivery or (2) refund an equitable portion of the purchase price determined by Printer. All work performed will be done during normal working hours of normal working days. The foregoing is Printer's only obligation and Customer's only remedy of breach of warranty, and except for gross negligence and willful misconduct, the foregoing is Customer's only remedy hereunder by way of breach of contract, tort, or otherwise. In no event shall Customer be entitled to incidental or consequential damages. Any action for breach of this proposal must be commenced within two (2) years after the cause of action has occurred. 12. Title and Risk of Loss: Title to products which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer, or to a carrier consigned to Customer, and Printer shall not be liable for loss of, delay in shipment, or damage of any products after title thereto has passed . Printer, however, retains title for security purposes only to all products until paid for in full in cash and may, at Printer's option, repossess the same from Customer's default in payment hereunder and charge Customer with any deficiency. It is expressly agreed that Printer shall not be held liable for loss or damage on account of delays due to strikes, wars, fires, floods, accidents, governmental or municipal laws, rules or regulations, acts of providence, its inability to secure specified materials, or other causes beyond Printer's reasonable anticipation or control . 13. No obscene or illegal literature will be printed by Printer under this contract, nor shall Printer be liable for any damages arising out of violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal property of all matter submitted to Printer for printing and /or publication; and will defend and indemnify Printer from and against all claims and responsibility arising from the printing and /or publication of such matter, including the legal expenses and disbursements incurred by Printer in connection therewith. 14. Unless otherwise specified, Primer shall use such style, type, size and composition as, in its discretion, seems to be the best interest of Customer. 15. Any and all mailing costs incurred by Printer in the performance of the specifications hereinabove set forth shall be in addition to the contract price hereinabove set forth and shall be at the then current rates of the United States Postal Service and/or common carrier. 16. Taxes: Customer shall pay all excise or other taxes, if any, that may be levied on the products sold under the contractor upon or in connection with the sale or shipment thereof. 17. Delivery Dates: Promised delivery date is contingent upon Customer's meeting its established schedule responsibilities. Printer shall not be responsible for consequential damages for late deliveries. 18. Prices quoted are based on straight time work, Overtime work caused by Customer's failure to meet deadline, a delay in turning in proofs, or other material necessary to complete the work within the time specified, shall be charged for at current overtime rates, over and above the price quoted herein. 19. Unless otherwise stated in writing, overruns or underruns, not to exceed ten (10%) percent of the amount ordered, shall constitute an acceptable delivery and the excess or deficiency shall be charged or credited to the customer proportionally. 20. Customer Furnished Materials: Any work required on files or materials furnished by the Customer shall be performed at Customer's risk and billed at current market rates. Responsibility for quality of material supplied will not be assumed by Printer when Customer furnished such material used in production of the printed order. 21. If it becomes necessary to institute suit in any court of law to enforce any of the provisions of quotation, including an action for collection or to enforce any of the standards terms for sale, customer agrees to pay all legal expenses and disbursements incurred by Printer in connection therewith. 22. In the event actual delivery extends beyond the date set forth on Printers acknowledgement of order entry, Printer shall have the further right to revise prices upon the application of a fraction, the numerator of which shall be the Consumer Price Index at the time of actual delivery and the denominator of which shall be such index at the proposed time of delivery set forth by the Printer in his acknowledge to customer of order entry. Based on Trade Customs Adopted by Printing Industry of America, Inc. PRj a 8131 bf 290 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 84 of 290 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 85 of 290 Agenda Item #3. PQ'� of T f QG 4cA COUMty Memorandum To: Jerry Allen, Village Manager From: Lori McWilliams, Village Clerk Date: February 16, 2022 Subject: Southeastern Printing Company Estimate 9445 The attached agenda item is Southeastern Printing Company's Estimate 9445. Southeastern Printing is the selected vendor to prepare and provide printing services for the 2022 Winter Edition of the Village of Tecluesta's Newsletter, Smoke Signals. The total cost of services for this item is $2,174.00, printing 3800 copies of the publication. Funding for this item was anticipated and is budgeted in General Government in account 001-120-549.302 Village Newsletter. Thank you. Page 86 of 290 Agenda Item #3. southeastern Client ID: 2833 Village of Tequesta 345 Tequesta Dr. Tequesta FL 33469 Phone: 561-768-0700 Fax: 561-768-0697 Rep: Eric Ellison 86d erice@seprint.com Newsletter with Insert D Quantity: 3,800 Flat Size: 17 x 33.5 Finished Size: 8.5 x 11 Prepress: Epson Proof Ink: 4 / 4 (CP/CP) Finishing: Fold Packaging: Box and Deliver balance to Client QUOTATION Estimate: 9445 Effective Date: 1/27/2022 Flat size - 22 x 17, folds to 11 x 17 and soft -folds to 8.5 x 11 masthead out. with 1-2pp insert 11 x 17, positioned inside newsletter Printing - 4cp/4cp, bleeds Stock - 80# Gloss Text Trim, fold, send SEP Mailing Dept Quantity 3,800 Price $2,174 9 fl SE 3t#3 Sdr i Ha"Ix FL �310 AM&STa? '3M.'W .9903 "print:com PRICES REMAIN IN EFFECT FOR 7 DAYS Quotation is based on current market conditions. Pricing and delivery subject to change based on availability at time of order Thank you for the opportunity to provide you with this estimate. We look forward to exceeding your expectations. Standard minimum turn time is 6 business days from proof approval. Additional charges may occur if an accelerated schedule is requested. This quotation is subject to the terms and conditions in our terms of sale set forth here, and which are, by reference, made a part hereof. Prices quoted are based on details furnished to our estimating department and are subject to revision if, upon receipt of copy it is determined that the material deviates from original specifications. Any such price revision will be confirmed before the order is processed. We reserve the right to reject any order upon receipt without liability on our part. All orders are subject to underruns or overruns of up to 10 percent. The deficiency or excess will be credited or charged proportionally. Payment Terms: Due in 30 days Please Initial: The item(s) ordered are for resale and not subject to sales tax. The item(s) ordered are for internal use. Please charge sales tax. Please read, sign and return to place your order: Sig ure Print Name Title / Date PlA e $1 zof 290 Wed Effective Date: 1/27/2022 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is made and, if accepted by Southeastern ("Printer"), order will be entered subject to the following trade customs and any other conditions expressed herein, which are hereby understood to be binding on both parties. Terms of this proposal shall be limited to fifteen (15) days from date to proposal. It is to be dearly understood that such terms constitute the entire agreement of the parties, can be amended or altered only pursuant to writing signed by both parties, and in any event not by any stipulation, representation or agreement not contained in this contract, or by parol evidence , and that these terms shall govem the order contrary to prior or subsequent writings by Customer notwithstanding. 2. Orders regularly entered cannot be cancelled except upon terms that will compensate Printer against loss. All orders are subject to final acceptance by Printer, and it shall not be liable for any loss or damage resulting from its reasonable failure to accept orders, ship products ordered or notify Customer of its nonacceptance of orders. 3. Experimental work performed at the Customer's request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charged for at current rates. 4. Artwork, sketches, copy, dummies, and all preparatory work, plates, engravings and other manufacturing tools or items created or furnished by Printer shall remain its exclusive property, no use of same shall be made nor may any ideas obtained therefrom be used, except by written permission of Printer and upon compensation to be determined by Printer. 5. Original artwork, photos, plates, engravings and other manufacturing items when supplied by Customer are accepted at the Customer's risk and Printer shall not be liable for damage or loss in excess of out-of-pocket cost for raw materials or value agreed to in writing between Printer and Customer. 6. Author's alterations (AA): All changes from original specifications made by Customer shall entitle Printer to additional charges at the current rates for the additional work performed. 7. Errors: Printer shall not be liable for errors if printed matter conforms to files furnished by Customer. Proofs will be submitted if requested by Customer. Corrections, if any, are to be made thereon and returned with Proof/Print Authorization form marked "O.K." or "OX with corrections', and signed by duly authorized representative of Customer. If revised proofs are desired, request must be made when proof returned. Printer shall not be responsible for errors if work is performed as per Customer's "O.K." 8. Press: Press proofs incur additional charges. Printer shall charge for additional press time arising from Customer delay during make -ready press check or for change orders received after job is plated. Because of the difference in equipment and conditions between color proofing and the pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute an acceptable delivery. 9. Customer's Property: All Customer's property that is stored with Printer is at the Customer's risk, and Printer shall not be liable for any loss or damages thereto caused by fire, theft, water leakage, rodents, insects, or any other cause beyond Printer's control. It is understood that the storage of Customer's property is solely for the benefit of the Customer. 10, Terms: Unless otherwise arranged for, a deposit of 50% is requested upon the signing of proposal, 25% upon delivery of the job proof, and the balance upon completion of this order or upon delivery of the first copy or copies. All accounts not paid for within forty -five (45) days of invoice shall be charged interest at the rate of eighteen per cent (18%) per annum. If such rate shall be precluded by local law, this such rate shall be the highest rate allowable pursuant to such law. 11. Warranty: Printer warrants that its work will meet applicable specifications and other specific product work requirements and will be of good quality and free from defects in material and workmanship. All claims must be made within five (5) days of receipt of goods. Defective items must be held for Printer's inspection and retumed to the original F.O.B. point upon request. The foregoing is expressly in lieu of all other warranties whatsoever , expressed, implied, and statutory, including, without limitation, and implied warranties of merchantability and fitness. Upon Customer's submission of a claim and its substantiation, Printer shall at its option either (1) replace its product or work at either the original F.O.B. point of delivery or (2) refund an equitable portion of the purchase price determined by Printer. All work performed will be done during normal working hours of normal working days. The foregoing is Printer's only obligation and Customer's only remedy of breach of warranty, and except for gross negligence and willful misconduct, the foregoing is Customer's only remedy hereunder by way of breach of contract, tort, or otherwise. In no event shall Customer be entitled to incidental or consequential damages. Any action for breach of this proposal must be commenced within two (2) years after the cause of action has occurred. 12. Title and Risk of Loss: Title to products which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer, or to a carrier consigned to Customer, and Printer shall not be liable for loss of, delay in shipment, or damage of any products after title thereto has passed . Printer, however, retains title for security purposes only to all products until paid for in full in cash and may, at Printer's option, repossess the same from Customer's default in payment hereunder and change Customer with any deficiency. It is expressly agreed that Printer shall not be held liable for loss or damage on account of delays due to strikes, wars, fires, floods, accidents, governmental or municipal laws, rules or regulations, acts of providence, its inability to secure specified materials, or other causes beyond Printer's reasonable anticipation or control . 13. No obscene or illegal literature will be printed by Printer under this contract, nor shall Printer be liable for any damages arising out of violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal property of all matter submitted to Printer for printing and /or publication; and will defend and indemnity Printer from and against all claims and responsibility arising from the printing and /or publication of such matter, including the legal expenses and disbursements incurred by Printer in connection therewith. 14. Unless otherwise specified, Printer shall use such style, type, size and composition as, in its discretion, seems to be the best interest of Customer. 15. Any and all mailing costs incurred by Printer in the performance of the specifications hereinabove set forth shall be in addition to the contract price hereinabove set forth and shall be at the then current rates of the United States Postal Service and/or common carrier. 16, Taxes: Customer shall pay all excise or other taxes, if any, that may be levied on the products sold under the contractor upon or in connection with the sale or shipment thereof. 17. Delivery Dates: Promised delivery date is contingent upon Customer's meeting its established schedule responsibilities. Printer shall not be responsible for consequential damages for late deliveries. 18. Prices quoted are based on straight time work. Overtime work caused by Customer's failure to meet deadline, a delay in turning in proofs, or other material necessary to complete the work within the time specified, shall be charged for at current overtime rates, over and above the price quoted herein. 19. Unless otherwise stated in writing, overruns or underruns, not to exceed ten (10%) percent of the amount ordered, shall constitute an acceptable delivery and the excess or deficiency shall be charged or credited to the customer proportionally. 20. Customer Furnished Materials: Any work required on files or materials furnished by the Customer shall be performed at Customer's risk and billed at current market rates. Responsibility for quality of material supplied will not be assumed by Printer when Customer furnished such material used in production of the printed order. 21. If it becomes necessary to institute suit in any court of law to enforce any of the provisions of quotation, including an action for collection or to enforce any of the standards terms for sale, customer agrees to pay all legal expenses and disbursements incurred by Printer in connection therewith. 22. In the event actual delivery extends beyond the date set forth on Printers acknowledgement of order entry, Printer shall have the further right to revise prices upon the application of a fraction, the numerator of which shall be the Consumer Price Index at the time of actual delivery and the denominator of which shall be such index at the proposed time of delivery set forth by the Printer in his acknowledge to customer of order entry. Based on Trade Customs Adopted by Printing Industry of America, Inc. Flift e OEM' 'of 290 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 89 of 290 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 90 of 290 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tequesta a` s ��H COUMt� From: Doug Chambers, Public Works Director Date: February 8, 2022 Subject: Tequesta Park Pavilion Structural Inspection 561-768-0700 www.tequesta.org The following agenda item references the scope of services for a structural assessment of the Tequesta Park Pavilion. While performing a routine inspection the Public Works Department observed dry rotted wood on a couple of structural beams. The Public Works Department temporarily installed 4x4 posts and 2x4 cross supports to shore up the existing beams. Kimley Horn and Associates will evaluate the pavilion structure and provide an opinion of probable construction costs for repair and or replacement of the structure. The Cost of the assessment is $5,500.00 Funding for the assessment is budgeted and available in account 001-210-546.303 Building Repair and Maintenance. Doug Chambers Director Department of Public Works 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 91 of 290 Agenda Item #3. DocuSign Envelope ID: 923AA6F0-E6BA-4A1E-B6BE-5146C9E131E6 VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION TEQUESTA PARK PAVILION STRUCTURE EVALUATION This Work Authorization authorizes Kimley-Horn and Associates, Inc. to perform work set forth herein and is issued pursuant to The Professional Engineering Services Agreement, between the Village of Tequesta ("Client' or "Village") and Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant'), dated May 12, 2016 ("Agreement'). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. PROJECT UNDERSTANDING The existing park, located at 2280 County Line Road, includes a timber pavilion structure. It is our understanding that a temporary column has been installed until the entire structure can be assessed. SCOPE OF SERVICES Kimley-Horn will perform the following services: Task 1 — Tequesta Park Pavilion Structural Assessment; The Consultant will make field observations and take measurements to document our findings and recommendations for replacement/rehabilitation of the park pavilion structure. No destructive testing will be performed. Observations will be limited to readily available and exposed/visible portions of the existing structure. The consultant will prepare a written memorandum, based on our findings, describing the condition of the structure and recommended repairs or modifications. This task does not include the preparation of construction documents or an opinion of probable construction cost, or construction related services. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope requested by the Village, will be considered additional services to this Work Authorization and will be performed based on subsequent Work Authorizations approved prior to performance of the additional services. Page 92 of 290 Agenda Item #3. DocuSign Envelope ID: 923AA6F0-E6BA-4A1E-B6BE-5146C9E131E6 INFORMATION AND SERVICES PROVIDED BY THE VILLAGE Kimley-Horn assumes that all information provided by the Village can be relied upon in the performance of professional services. The following information shall be provided to Kimley-Horn and/or the following services will be performed by the Village. • Existing Pavilion Plans, if available • Access to the Park SCHEDULE Kimley-Horn will perform the scope of services above as expeditiously as practical to meet a mutually agreed upon schedule. COMPENSATION Kimley-Horn will perform the services described in the Scope of Services on a lump sum basis fee in the amount of five thousand five hundred dollars ($5,500). TEQUESTA PARK PAVILION EVALUATION Accepted by: Village of Tequesta Jeremy Allen AI le 1 Da[ea21021.11.0310:14:51signed by Y 04'00' Jeremy Allen Village Manager Date: 2 Kimley-Horn and Associates, Inc. DocuSlgned by: MadA,Ad F. _Scltiwa6 Ic 98IT Mwartz, P.E. Sr. Vice President Date: 11/1/2021 Page 93 of 290 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 94 of 290 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 ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 95 of 290 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tequesta vy'OE OP ►to ��r G From: Doug Chambers, Public Works Director Date: February 8, 2022 Subject: Trane Condenser Proposal 561-768-0700 www.tequesta.org The following agenda item references a proposal from Trane Technologies Incorporated to replace the Air Conditioning Condenser for the Council Chambers in Village Hall. The existing condenser is 17 years Old. The coils are failing, leaking and losing refrigerant. Trane is the sole source provider for the air conditioning system in Village Hall. The new condenser includes a 5-year parts and labor warranty and condensing coil coating. The cost for these services is $11,765.00. Funding for these services is budgeted and available in account 001-210-546.303 Building repair and maintenance. Doug Chambers Director Department of Public Works 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 96 of 290 Agenda Item #3. September 7, 2021 Customer: Tequesta Village Hall 345 Tequesta Drive Tequesta, FL 33469 ATTENTION: Doug Chambers Tequesta Village Hall — Replace Condensing Unit - 3 Proposal ID: 3108443 Trane U.S. Inc. 6965 Vista Parkway North West Palm Beach, Florida 33411 Phone: (561) 683-1521 Fax: (866) 856-1666 Service Contact: (866) 856-1666 Site Address: Tequesta Village Hall 345 Tequesta Drive Tequesta, FL 33469 PROJECT NAME: Tequesta Village Hall Condenser Unit -3 Replacement We are pleased to offer you this proposal for performance of the following services, provide and install (1) new 7.5-ton Condensing Unit (CU) to replace the failing CU-3. Please new CU comes with 5 yar parts and labor warranty and condensing coil protective coating. E ui ment I Qty I Manufacturer I Description CU-3 TTA090/13191MGLYA 1 ITrane I Condenser Unit SCOPE OF SERVICE 1. During an agreed upon time period, Trane will shut down and electrically tag -out the existing equipment and components to be removed. 2. Mechanically and electrically disconnect the existing Trane condenser unit being replaced and prepare for removal. 3. Remove and properly dispose of the existing equipment, system components and associated material or debris. 4. Remove refrigerant per current EPA guidelines. 5. Provide, lift and set the (1) new 7.5-ton Trane Condensing Unit into place and fasten to place as required. 6. Tie new Condensing Unit electrical into the existing disconnect. 7. All existing circuit breakers are to remain and reuse. 8. Thoroughly clean and flush, all existing refrigerant piping before reconnecting the new Trane Condensing Unit. 9. Reconnect the existing refrigerant suction line and liquid line to piping connections provided with new Trane condensing unit, includes new copper fittings as required. 10. Pressurize and perform hold test on newly installed condensing unit to ensure system integrity 11. Evacuate and charge system with virgin 410A refrigerant. 12. Reinsulate suction line refrigerant as required/where disturbed. 13. Start up and equipment commissioning of the split system will be performed by Trane Factory Certified Technician, upon completion of the installation. 14. One year warranty on new parts and labor. (additional Factory warranties are included in 2nd thru 5th year) ©2021 Trane All rights reserved Page 1 of 6 Trane Service Me97 of 290 Agenda Item #3. Tequesta Village Hall — Replace Condensing Unit - 3 Proposal ID: 3108443 PRICING AND ACCEPTANCE AHU CONTROLS UPGRADE TOTAL PRICE: ........................................................ $11,765 This proposal uses the US Communities Contract 15-JLP-023 pricing structure and approved rates. CLARIFICATIONS 1. Any service not listed is not included. 2. All work to be performed during normal business hours Monday through Friday 7:00 AM to 4:30 PM excluding legal holidays. 3. Excludes any work not described in above scope 4. Excludes Certified Test & Balance 5. Permit fees to pass through to customer (if required) 6. This proposal is valid for 30 days from September 07, 2021. I appreciate the opportunity to earn your business and look forward to helping you with all of your service needs. Please contact me if you have any questions or concerns. Sincerely, Amar A Sukhai Services Turnkey Account Manager COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. This agreement is subject to Customer's acceptance of the attached Trane Terms and Conditions — Quoted Service. CUSTOMER ACCEPTANCE Digitally signed by Jeremy Allen Jeremy Allen,,,.: 2021.09.08 12 48 38-04'00- Authorized Representative Jeremy Allen Printed Name Village Manager Title Purchase Order 9/8/2021 Acceptance Date ©2021 Trane All rights reserved Page 2 of 6 Trane Service u 98 of 290 Agenda Item #3. Tequesta Village Hall — Replace Condensing Unit - 3 Proposal ID: 3108443 Trane's License Number: CAC#0023485 ©2021 Trane All rights reserved Page 3 of 6 Trane Service aQuMpe99 of 290 Agenda Item #3. Tequesta Village Hall — Replace Condensing Unit - 3 Proposal ID: 3108443 TERMS AND CONDITIONS — QUOTED SERVICE "Company" shall mean Trane U.S. Inc.. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer') delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date of cancellation. 4. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customers right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 5. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 6. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 7. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 8. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 9. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 10. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 11. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; ©2021 Trane All rights reserved Page 4 of 6 Trane ServiceRojqp100 of 290 Agenda Item #3. Tequesta Village Hall — Replace Condensing Unit - 3 Proposal ID: 3108443 (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions") Including, without limitation, damages, lasses, or expenses Involving a Pre -Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth„ fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal, 12. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer In performance of the Services Is free from defects In material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been property performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Lim lied Warranty period, Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty Is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid far in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with. related to, or arising from failure or malfunction of equipment due to the following; wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not he obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this AgreemenL Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by tfine respective manufacturer_ THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER iN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE.. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID49 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO 13. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, casts, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any ctalms based on facts or conditions that occurred prior to expiration or termination of this Agreement_ 14. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THiS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEit/ED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL_ AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WiTH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES. INTERRUPTION, DELETION, DEFECT, DELAY iN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS iN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. IS. COVID-19 LIMITATION ON LIABILITY. The transmission of COVI❑-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. H'VAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air inclosed environments, IN NO EVENT WiLL TRANE BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY ACTION OR CLAIM, WiHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO COVID-19 (iNCLUCiNG THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "COVIO-19 LIABILITIES-) AND CUSTOMER HEREBY EXPRESSLY RELEASES TRANE FROM ANY SUCH COVID-19 LIABILITIES, 16. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, 'Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately shop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customershall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to arty Hazardous Materials on or about the premises, not brought onto the premises by Company_ Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. @2024 Trane Af/ rights reserved Page 5 of 6 Trane ServicePoWp101 of 290 Agenda Item #3. Tequesta Village Hall — Replace Condensing Unit - 3 Proposal ID: 3108443 17. Insurance. Company agrees to maintain the fallowing insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's Insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement wider its primary Commercial General Liability policies_ In no event does Company or its insurer waive its right of subrogation 18. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure, If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (I) remain in effect but Company s obligations shall be suspended until the uncontrollable event terminates or (li) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, 'Event of Force Majeure' includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 19. General. Except as provided below, to the maximum extent provided by law,. this Agreement Is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise Cali for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued_ To the extent the premises are owned andibr operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government, This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services_ No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemptated hereby Is not affected In a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and Inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 20. Equal Employment OpportunIVAffirmative Action Clause, Company is a United States federal contractor that complies fully with Exeeutive Order 11240, as amended, and the applicable regulations contained In 41 C.F.R. Pans 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S-C. Section 4212 and the applicable regulations contained In 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U,i .) 1982. c, 11 and applicable Provincial human Rights Codes and employment law in Canada. 21. U.& Government Contracts, The following provision applies only to direct sales by Company to the US Government, The Parties acknowledge that all items or services ordered and delivered under this Agreement f Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to `commercial' suppliers and that are contained in FAR 52.212-(e)(1), Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to Indirect sales by Company to the US Government As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219.8; 52222-26: 52.222-35, 52222.36; 52.222.39; 52,247-64_ If the Services are in connection with a U.S. govemment contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to oontractor's Customer's ownership, eligibility or performance of the prime contract_ Customer will obtain written authorization and approval from Company prior to providing any govemment official any information about Gompany's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 22, Limited Waiver of Sovereign Immunity. If Customer Is an Indian tribe (in the U,S_) or a First Nation or Band Council (In Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory, (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) It Customer is In the U-S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (0720) Supersedes 1-10.48 (0919) @2021 Trane All rights reserved Page 6 of 6 Trane Sarvo'COPOW102 of 290 Agenda Item #3. TRANE'S SAFETY STANDARD Trane is committed to providing a safe work environment for all employees and to preventing accidents in its business operations. To accomplish our objectives Trane has instituted safety programs, procedures and training that incorporate a progressive approach to injury prevention. PROVEN SAFETY SUCCESS Trane's safety culture in North America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. TRANE INJURY RATES V. INDUSTRY COMPETITORS Since 2003 the US Bureau of Labor Statistics records reflect Trane's Total Recordable Rate (TRIR) and Days away from work (DAFW) rate have been significantly lower than HVAC repair and maintenance contractors and Specialty Trade contractors (construction).Trane's safety culture in America is unparalleled in the building services industry and has demonstrated proven results via continuous reduction of injury rates. Trane's incident (OSHA) rates are consistently 50-70% below the industry average. This outstanding safety achievement is the end result of the rigorous team oriented approach to our safety program that creates accountability and empowerment in all employees and management and fuels our institutional safety culture. This is the key to our continual improvement. SAFETY TOOLS, TRAINING & EXPERTISE Trane's service and contracting technicians are not only among the most skilled in the industry they are also extensively trained in safe work procedures. Our technicians receive safety training, equipment, tools, procedures, and management support to identify jobsite hazards and take appropriate measures to prevent personal injuries. The resources available to Trane technicians include: • Safety Training — 20 hrs per year, including classroom and web -based platforms. • -Topics include, but are not limited to, Lockout/Tagout, Confined Space Entry, Hazard Communication, Respiratory Protection, Hearing Conservation, Excavations, Scaffolding, Rigging, Powered Industrial Truck operation, Ladders, Vehicle Safety, Fire Protection, PPE, Emergency Response, First Aid / CPR. • Electrical Safety — NFPA 70E compliant — electrical PPE; flame -resistant clothing; training. • Fall Protection — full complement of fall arrest and fall restraint equipment for each technician. • Ergonomics — custom -designed for HVAC field technicians, includes training, material handling equipment and procedures. • Smith System Safe Driving Program — Trane's safety Managers are certified instructors; safety Managers train technicians; 1-800 "How's My Driving?" stickers are located on the back of service vehicles. • USDOT compliance — technicians scheduled within Material of Trade and Hours of Service limits and are fully qualified under Department of Transportation rules for driving commercial motor vehicles with GVWR >10,000 and 26,000 lbs. • Refrigerant Management — Service technicians are trained to manage refrigerant in accordance with U.S. EPA rules using a sophisticated electronic tracking system developed by Trane. • Empowerment - Technicians are empowered with full management support to address safety hazards as they see fit. If ever in doubt about how to do a job or task safely, the technician is required to ask a qualified person for assistance before proceeding with work. Page 103 of 290 Agenda Item #3. MANAGEMENT LEADERSHIP AND COMMITMENT Accident prevention is a primary responsibility of management at Trane. Trane's safety culture is based on the following management principles: • Leadership at the local level manages the local organization's safety performance. • Management is financially accountable for safety performance. • Local management is actively engaged in risk reduction activities and training and manages safety performance outcomes. • Management clearly communicates to all Trane employees their safety expectations and strongly enforces compliance with those expectations. • Employees are held accountable when they fail to meet safety expectations. Local management and supervisory personnel at the local level are responsible for implementation of the following safety program elements: • The Safety Management System developed by Trane — developed in accordance with OHSAS 18001. • Audits and Inspections — Supervisors, Middle and Upper Managers must conduct field inspections. Corporate Safety conducts detailed compliance and management systems audits. • Company safety compliance programs — ensure that they are fully implemented. • Safety and environmental performance — tracked using a Balanced Scorecard with leading and lagging indicators and metrics. • Subcontractor Qualification — implement this process to promote safety and safety plan compliance on multi -employer job sites. • Six Sigma and Lean — use these productivity tools to enhance safety on job sites. • Drug and Alcohol Policy — mandatory DOT required for -cause and post -accident testing after recordable injuries and property damage. • Motor Vehicle Records Search — annual checking of driving records of employees driving company vehicles. JOBSITE SAFETY EQUALS CUSTOMER VALUE At Trane safety is part of our culture for every employee. What this means to our customers is fewer job site accidents and the delays and liability concerns that come along with them. What this means to our staff is greater confidence in the practices and procedures they use on the job and the pride that comes from working for one of the premier service organizations in the world. Tighter safety standards and fewer accidents can also lead to better on -time project completion and higher quality results. When you use Trane Building Services to install, maintain or upgrade your building systems you will take full advantage of our superior safety program, low incident rates and subcontractor safety management procedures. These help you manage project risk more effectively than you could using multiple contractors or even a single prime contractor with a less impressive safety record. Page 104 of 290 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 105 of 290 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 ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/``." Page 106 of 290 Agenda Item #3. Village of Tequesta Department of Fire -Rescue services v� OP Tj�O 357 Tequesta Drive �,�� 561-768-0500 Tequesta, FL 33469 www.tequesta.org lRa Rss�o James Trube, Fire Chief To: Jeremy Allen, Village Manager From: James Trube, Fire Chief `✓ Date: February 23, 2022 Re: Total Caring Training Site Agreement Please find attached Training Site Agreement from Total Caring Health Education Staffing to the Village of Tequesta. The agreement is valid from 1/31/2022-1/31/2023 and may be renewed at the end of that time period. Both parties agree to abide by the terms and conditions of the proposal and thus, the agreement has been signed by both parties. The associated fees are as follows: • Basic Life Support Provider cards: $6.00 • All instructor cards: $7.50 • Advanced Cardiac Life Support cards: $7.50 • Pediatric Advanced Life Support cards: $7.50 • Heartsaver, First Aid Provider cards: $19.50 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 107 of 290 Agenda Item #3. TotalCaring Health Education & Staffing, Inc. Training Site Agreement This is an agreement between TotalCaring Health Education & Staffing, Inc. with its principal place of business at 96120 Heath Point Lane, Fernandina Beach, FL 32034 and The Village of Tequesta Fire Rescue with its principal place of business at 357 Tequesta Drive, Tequesta, FL 33469. WHEREAS, the American Heart Association is a nonprofit organization dedicated to fighting heart disease and stroke and sets guidelines for emergency cardiovascular care ("ECC) and ECC training; WHEREAS, Certified Training Center (TotalCaring, Inc.) provides and manages ECC training under the guidelines and curriculum of the AHA; and Training Site (Village of Tequesta Fire Rescue) would like to provide ECC training under same guidelines and curriculum of AHA: NOW THEREFORE, in consideration of the mutual promises set out herein, the parties hereby agree as follows: DEFINITIONS: 1.1 AHA Materials: "AHA Materials" shall mean all ECC materials published by the AHA, including, but not limited to, textbooks, instructors manuals, tests, keys, evaluation forms, newsletters, course completion cards, and course participation cards. 1.2 Courses: "Course" or "Courses" shall mean the approved ECC courses listed below in which course cards will be distributed. A. Basic Life Support (BLS) Provider Course(s) Instructor Course(s) B. Advanced Cardiac Life Support (ACLS) Provider Course(s) Instructor Course(s) C. Pediatric Advanced Life Support (PALS) Provider Course(s) Instructor Course(s) 1.3 Course Cards: "Course Cards" shall mean those cards bearing the AHA Servicemarks and ECC logo which TS may distribute to students pursuant to Program Guidelines to indicate that the student participated in or successfully completed a course. Page 108 of 290 Agenda Item #3. 1.4 Geographic Territory: The "Geographic Territory" shall mean the State of Florida. 1.5 Training Site: "Training Site" shall mean persons or organizations engaged or authorized by CTC to teach courses and for whom CTC will process course rosters. 1.6 Instructors: "Instructors" shall mean persons engaged or authorized by CTC or TS to teach courses. 1.7 Program Guidelines: "Program Guidelines" shall mean the then current Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care, and most recent version of the CTC Program Administration Manual, as they may be amended and/or supplemented by the AHA from time to time. The Program Guidelines are incorporated herein by reference as if fully set forth at length. 2. RESPONSIBILITIES OF TRAINING SITE: 2.1 Courses: TS shall conduct courses only within geographic territory. TS shall ensure that all courses taught by TS and/or Instructors conform to requirements of AHA. 2.2 The TS will support the Chain of Survival initiatives in cooperation with the AHA in their region and/or community, within available resources as outlined in Program Guidelines. 2.3 Rosters & Course Completion Cards: 2.3.1 TS shall safeguard Course Cards from unauthorized distribution. It shall limit the distribution of course cards only to persons who are students of the TS and/or Instructors who have met the requirements for receipt of course cards in accordance with Program Guidelines. Only the approved TS Coordinator may receive course cards from the CTC and will be solely responsible for control and security of card issuance. This responsibility may not be assigned or transferred to any other organization or individual, including Training Sites or Instructors. TS shall insure that only the appropriate type of course card, as set out in the Program Guidelines, is issued to each student. The fee for basic life support (BLS) Provider cards for TS, payable to CTC is $6.00 per card, Heartsaver, First Aid Provider card fee is $19.50 per card, and the fee for advanced cardiac life support (ACLS), pediatric advanced life support (PALS) Provider Cards and ALL instructor cards (BLS, ACLS, PALS) for TS, payable to CTC is $7.50 per card. (fees do not generate income to the American Heart Association). 2.3.2 TS shall maintain rosters and records for all courses conducted by TS for at least 3 years after the date the course was conducted. 2.3.3 TS shall submit statistical data and/or reports to the CTC as required under the Program Guidelines. 3. Reviews: The CTC may monitor and/or review the TS performance and compliance with Program guidelines and AHA curriculum at least once each year through a review of course records, site reviews, and course audits. This shall be in addition to the monitoring of Instructors as part of their review. Page 109 of 290 Agenda Item #3. 4. Costs and Fees: All costs of providing courses and fees charged to students shall be the responsibility of the TS. The AHA or CTC shall not have any responsibility for any costs incurred, or fees charged by TS. The AHA is paid no fees by the CTC or TS or instructors, and the AHA has no financial interest in the business of the CTC or TS. Relationship of Parties: The parties acknowledge and agree that the relationship created by this agreement is that of independent contractors, each is an independent business entity, and such, neither party may represent itself as an employee, agent or representative of the other; nor may it incur any obligations on behalf of the other party; nor are the parties joint ventures or partners; nor does the relationship created under this agreement constitute a franchise. 6. Term and Termination: The term of this agreement shall be for ONE YEAR (usually a one year period — however covers the entire period between the end of the previous agreement), beginning on January 31, 2022 and ending on February 28, 2023 (renewable annually). It may only be extended by mutual written agreement of the parties. Each party is free to decline to renew or extend the term of this agreement. Agreements are renewable annually. This agreement may be terminated by either party if the other party breaches any term or condition of the Agreement and fails to cure the breach within ten business days after receipt of written notice describing the breach. TS acknowledges and agrees that breach includes, but is not limited to, failure by TS to comply with program and/or curriculum guidelines, and that neither the CTC nor its affiliates or officers, employees, volunteers or agents shall have any liability for any resulting termination under this agreement. This agreement may also be terminated by either party, without cause, upon thirty (30) days' prior written notice. AGREED: TotalCaring Health Education & Staffing, ;Ihc Tequesta Representative/ Fire Chief BY: BY: Title: Title: 0-&4 Date: / Ste- Date: 23 1 aZ Last revised: 1 /22 Dr. Deborah Fisher Terry, DNP, APRN, ANP-BC, AGACNP-BC Page 110 of 290 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) 768-04401 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 111 of 290 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 ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/`WCAG/." Page 112 of 290 E-Verify Affidavit Bid/Proposal Number: Project Description: ! S' In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: l . All persons employed by the Contractor to perform employment duties within Florida during the term of the contract; and 2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Village of Tequesta. Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a printed copy of the completed E-Verify Company Profile page, obtained from h"s://www.e- verify.gov, Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that tenor is defined in Section 448.095(1)(k), F.S. Contractor further agrees to maintain a copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. By affixing your signature below, you hereby affirm that you will comply with all E-Verify requirements. Hea-1 /4-1 T'5 -1zx-1 Carry C, O Company name Federal Employer Identification No. a Signature Date Print Name Title STATE OF`Ft ORBBA 1Oe4- n Cpfdki c^ Pf W BRAGW G9 9;:F3; 1�)U! h4Vn L oiv V t �' o&�m and subscribed before me by means of physical presence or ❑online notarization on this Z dn�• an. 20�by A -$wsph FTens/ who is personally known to me or has produced Q i✓w c as identification ant o did/did not take nn onfli, in the slate and county first mentioned above. GARC (affix seal) GQ:o mig'sio; Not Public My Commission Expires: On /Z�� r�'�pTAgy, Nti 'OUBO �C) 12 ��'�ygMCOVN �x•�• 11111110 Page 113 of 290 On 3ny�PI tea -VerTy 2/27/22, 8:38 PM �= An official website of the United States government Here's how you know Verify Home Cases v Reports Resources V 8 Deborah Terry My Company Account My Company Profile Company Information Company Name TotalCaring Health Education & Staffing, Inc. Company ID 1801239 Employer ID Number 010550524 Total Number of Employees 1 to 4 Sector Professional, Scientific, and Technical Services Edit Company Information Employer Category https://everify.Uscis.gov/account/company/prof He Doing Business As (DBA) Enrollment Date 02/27/2022 DUNS Number NAICS Code 541 Subsector Professional, Scientific, and Technical Services Page 1 of 3 Page 114 of 290 Agenda Item-#3._ p i _ V CD r- QD a Gi 0 CJ�,� O• - CD +�' rA �..I • a ' " ti CD tz� Jo C cp � r- •..� nh y ihf k 1 i , ^CD n "- CD 3y, F '• ( � t ea7"�5,::,' r 'rn� F Y " # . of t : - - 4r.. F �. - �� ( �` C`�e `� � ' a7wl#i 4 y � r � 1 n. '`-� t � •, .-. M �� r� 1 , h Page , 5 of 290 1.•2 Agenda Item #3. AOVANCEO FIRE Ee SECURITY 2701 Gateway Drive Pompano Beach, Florida 33069 (954) 772-1700 office (954) 772-0500 fax State Licensed EF # 20001066, #20001414, #0001162 UL Certified (S-7192-1) & FM Certified (3043261) MONITORING AGREEMENT Date: December 14, 2021 Community Center at Property Name: Constitution Park Contact Person: Greg Corbitt Address: 399 Seabrook Road City: Tequesta State: FL Zip: 33469 Phone Number: 561-768-0700 Fax Number: Email: ecorbitt@teauesta.ore F Code: F10 Community Center at Billing Name: Constitution Park Attn: Accounts Payable Address: 345 Tequesta Drive City: Tequesta State: FL Zip: 33469 PhoneNumber: 561-768-0473 Fax Number: Email: ecorbitt@teauesta.ore FIRE ALARM SYSTEM: ® Standard Monitoring ❑ Security System Monitoring ® UL / FM Monitoring 1 ❑ Elevator Phone Monitoring ® Radio Dialer 2 Ll Dialer Addendum Attached 1. 2. 3. EMERGENCY CONTACTS PHONE (DAY) PHONE (NIGHT) TERMS OF AGREEMENT The Property named (SUBSCRIBER) hereby agrees to pay Advanced Fire & Security, Inc. (SERVICE PROVIDER), its agents or assigns the sum of $0.00 upon completion of installation of Dialer (if applicable*), and the sum of 45.00 per month, plus applicable Sales Tax, payable in advance each quarter for a period of five year(s). If checked above, SUBSCRIBER agrees to the terms of the attached "Radio Dialer Addendum". All non -stock AES Radio items remain the property of Advanced Fire & Security (transceiver, cards, antennas). UL / FM Monitoring is a Code Requirement of NFPA 12 for certificated systems. Properties that have UL or FM Monitoring are also required to have an Agreement in place that includes Runner Service. When a Radio Dialer is installed, the property is not required to have phone lines for the monitoring of their Fire Alarm System. Monitoring Agreement - Page 1 of 2 Rev 6/2018 -122 Page 116 of 290 SUBSCRIBER agrees that the SERVICE PROVIDER'S sole and only obligation under this Agreement shall be to monitor signals (via a ArIlLAIdgid l tion) received by means of the protective system and to respond thereto in accordance with the requirements FPA 72. The SERVICE PROVIDER'S Central Station (Agent), upon receipt of a signal from the SUBSCRIBER'S premises shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and/or the person or persons whose name and telephone numbers are set forth in Emergency Contact Information (Page 1). Emergency Contact Information may he updated via wrl1wrr notification by the SUBSCRIBER from time to time. SERVICE PROVIDER and its Agent represent and warrant that its employees or agents have the requisite shills and qualifications to perform the services hereunder. EXCLUSIONS. Vandalism, acts of nature, unauthorized work by others, abuse or misuse, water damage, ground faults due to water penetration, false alarm fines, sprinkler control devices, devices not listed for outdoor application. Any required Programming on systems not installed by SERVICE PROVIDER may be excluded After the initial term, this Agreement shall automatically renew unless either party notifies the other in writing of its intention to terminate (by rertifi+ed mail, return receipt requested) In advance of sixty dabs (601 of the expiration date. The SERVICE PROVIDER shall .give written n otice t0 the SURSCRi DER in adva nce of sixty days (60) pri or to renewal for any increase i n charges or fees. Any notice shall be sufficient if delivered to the email address or physical address of the party given in this agreement In the event that the SUBSCRIBER does not terminate services prior to the terms stated above, the new service rate shall automatically take effect upon the effective renewal date, The SERVICE PROVIDER makes known that upon the termination of this agreement the local Fire Marshall will be notified immediately (as required by Law) that service has been discontinued if the system being monitored is a Flre Alarm system. In the case of early termination. the SERVICE PROVIDER shall have the right to collect any pro -rated ULJFM processing fees, if applicable and any monies due to meet the requirements nrthe Dialer Addendum, if applicable. The internal transceiver will always remain the property of Advanced Fire & Security, Inc, regardless of time and is not compatible with other companies Radio Dialers due to FCC Licensing and any external antennas shall also remain their property. The Subscriber must provide access to rernsave bath. Any notices sent pursuant to this agreement to the SERVICE PROVIDER shall be sent by overnight courier or certified mall, return receipt requested, to Advanced Fire & Security, Inc. at PO Box 660370, Pompano Beach, FI 33066, The SUBSCRIBER grants the SERVICE PROVIDER the right to enter the above stated address to make any and all needed inspections, repairs or removal of company owned equipment In which to fulfill the stated agreement and any attached addendums. In understanding that each jurisdiction can have its own ordinances and interpretations regarding fire alarm and security systems, the SUBSCRIBER shall he responsible for compliance with local and state fire alarm and security alarm curie requirements. Ally required.Permit Fees shall he [ire SUBSCRI8ER'S responsfbill(y Late fees (1.5%) per month may be assessed an all past doe invoices. Invoices are past due if monies are not received within 60 days from elate of invoice, It Is understood and agreed by the parties hereto that the SERVICE PROVIDER (and Its agents) are not an insurer and SUBSCRIBER is solely responsible for obtaining and maintaining insurance coverage for personal injury, property damage and other coverages on the SUBSCRIBERS Premises. SERVICE PROVIDER is being engaged solely for the monituring of a system designed to reduce certain risks of loss will occur, SERVICE PROVIDER is not assuming responsibility for any losses which may occur except those arising from the SERVICE PROVIDER'S negligent performance or failure of performance under this Agreement SERVICE PROVIDER DOES NOT MANE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE PROTECTION FOR WHICH IT IS INTENDED. This agreement may not be amended except where signed and approved by an Officer of Advanced Fire & Security, Inc. This agreement is governed by the laws ofthe State of Florida. Venue for any legal action pertaining to this agreement shall be held in the County in which the property is located. The parties intentionally waive the right to a jury trial in any litigation arising under this Agreement, the prevailing party shall recover attorney fees and costs. Should there arise any liability on the part of the SERVICE PROVIDER, such liability shall be limited to an amount not to exceed the annual value of the Agreement In the even# that the SUBSCRIBER wishes the SERVICE PROVIDER to assume greater liability, 5UBSCRIBER may, as a matter of right, obtain from the SERVICE PROVIDER higher Urnits by paying an additional amount proportional to the increase in damages, but such additional obligation shall in no way he interpreted to hold the SERVICE PROVIDER as insurer, The actual start date of tlhis Agreement shall be the latter of the following: customer signing date, date of receipt of first monitoring test signal, date which the fire alarm is awarded their certificate of occupancy. Scott Ous ley Advanced Fire Ss. Security, Inc. Print Name Date Jeremy Allen Digitally signed by,ere,y Allen Da ?022.oz.1ou,asta-as'oo' Jeremy Allen Authorized Subscriber Signature Print Name [date Monitoring Agreement - Page 2 of 2 Rev 6/2018-122 Page 117 of 290 Agenda Item #3. no ADVANCED FIRE 6 SECURITY 2701 Gateway Drive Pompano Beach, Florida 33069 (954) 772-1700 office (954) 772-0500 fax State Licensed EF # 20001066, 20001414, 0001162 UL Certified (S-7195-1) & FM Certified (3043261) MAINTENANCE AGREEMENT F Code: F30 Date: December 14, 2021 Community Center at Property Name: Constitution Park Billing Name: Village of Tequesta Contact Person: Greg Corbitt Attn: Accounts Payable Address: 399 Seabrook Road Address: 345 Tequesta Drive City: Tequesta City: Tequesta State: FL Zip: 33469 State: FL Zip: 33469 Phone Number: 561-768-0700 Phone Number: 561-786-0460 Fax Number: Fax Number: Email: gcorbitt@tequesta.org Email: gcorbitt@tequesta.org ® Fire Alarm System ❑ CCTV System ❑ Security System ❑ Access Control System Advanced Fire & Security, Inc. shall provide the following services: ❑ 24-hour Emergency Service ❑ Annual Test, Inspection & Certification ❑ UL / FM Required Runner Service 1 ❑ Quarterly Inspections 2 ❑ City Required Runner Service 3 ❑ After -Hours Inspections 4 ❑ Standard Service (M - F, 8:00 a.m. - 4:00 ❑ Sensitivity Testing (Smoke Detectors) p.m. excluding legal holidays ❑ After Hours Service ® Warranty - Parts / Labor (Standard Hours) ❑ After Hours Service and/or Runner Service ❑ Parts Included billed at $ 142.50 per hour (including travel time ❑ Standard Service and/ or Runner Service ❑ Labor Included billed at $ 95. per hour (M - F, 8:00 a.m. - 4:00 p.m. - excluding legal holidays) Required by several Municipalities: 2-hour response time for alarms, 4-hour response for trouble signals 2 If required, includes quarterly visual Inspections 3 Required by several Municipalities: 2-hour response time for alarms after service is requested 4 If required, Inspections to be performed after business hours or on Saturdays Maintenance Agreement Page I of 2 Pi'mm-YtDIIB Page 118 of 290 Agenda Item #3. TERMS AND PAYMENT The Property named (SUBSCRIBER) hereby agrees to pay Advanced Fire & Security, Inc.(SERVICE PROVIDER) its agents or assigns the sum of $ 40.00per month for year one, $ 56.00 per month for year(s) two and three and $ 56.00per month for year(s) four and five plus applicable Sales Tax, payable in advance each calendar. The SUBSCRIBER grants SERVICE PROVIDER the right to enter the above stated address to make any and all needed inspections and repairs in which to fulfill the stated agreement. In understanding that each jurisdiction can have its own ordinances and interpretations regarding fire alarm protection systems, the SUBSCRIBER shall be responsible for compliance with local and state fire alarm protection codes. SUBSCRIBER IS RESPONSIBLE FOR THE COST OFANYPERMIT FEES, IF REQUIRED BY THE LOCAL AUTHORITY HAVING JURISDICTION. EXCLUSIONS: Vandalism, acts of nature, unauthorized work by others, abuse or misuse, water damage, ground faults due to water penetration, sprinkler control devices, devices not listed for outdoor application. Any required Programming on systems not installed by SERVICE PROVIDER may be excluded. This Agreement covers the WARRANTY of the system installed and shall be valid for the time period noted in paragraph one. The SERVICE PROVIDER shall give written notice to the SUBSCRIBER in advance ofsixty days (60) prior to expiration for any increase in charges, fees or to include additional equipment. In the event that the SUBSCRIBER does not terminate services, in writing, prior to the terms stated above, the new service rate shall automatically take effect upon the effective renewal date. In the case of early termination, the SERVICE PROVIDER shall have the right to collect the remaining balance of the Agreement to the end of the term and any prorated costs for UL/FM Certifications. All charges shall be invoiced in advance, on a quarterly basis. Late fees (1.5%) per month shall be assessed on all past due invoices. Invoices are past due if monies are not received within 60 days from date of invoice. It is understood and agreed by the parties hereto that SERVICE PROVIDER is not an insurer and the SUBSCRIBER is solely responsible for obtaining and maintaining insurance coverage for personal injury, property damage and other coverage of the property. SERVICE PROVIDER is being engaged solely for the maintenance of a system thatwas designed to reduce certain risks of loss, SERVICE PROVIDER is not assuming responsibility for any losses which may occur except those arising from the SERVICE PROVIDER'S negligent performance or failure of performance under this Agreement. SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SYSTEM OR SERVICES WILL IN ALL CASES PROVIDE PROTECTION FOR WHICH IT IS INTENDED. This agreement may not be amended except by an executed amendment, signed by an Officer of Advanced Fire & Security, Inc. This agreement is governed by the laws of the State of Florida. Venue for any legal action pertaining to this agreement shall be held in the County in which the property is located. The parties intentionally waive the right of a jury trial in any litigation arising under this agreement: the prevailing party shall recover attorney fees and costs. If, notwithstanding the above provisions, there should arise any liability on the part of the SERVICE PROVIDER, such liability shall be limited to an amount not to exceed the annual charges provided herein. This sum shall be complete and exclusive and shall be paid and received as liquidated damages and not as a penalty. In the event that the SUBSCRIBER wishes the SERVICE PROVIDER to assume greater liability, SUBSCRIBER may, as a matter of right, obtain from the SERVICE PROVIDER higher limits by paying an additional amount proportional to the increase in damages, but such additional obligation shall in no way be interpreted to hold the SERVICE PROVIDER as insurer. SUBSCRIBER agrees to and shall indemnify and hold harmless the SERVICE PROVIDER, its employees and agents, for and against all third party claims, lawsuits and losses alleged to be caused by the improper operation of the system whether due to defect in the system or acts of omission of the company in receiving and responding to alarm signals. The actual start date of this Agreement shall be the latter of the following: customer signing date, date of receipt of first monitoring test signal, date which the fire alarm is awarded their certificate of occupancy. Scott Ousley Advanced Fire & Security. Inc. Print Name Date Jeremy Allen Digitally signed by Jeremy Allen Date: 2022.02.1015:42:26-05'00' Jeremy Allen Authorized Subscriber Signature Print Name Date ftfl AI! ►,tmmak% Pxjt T of I Page 119 of 290