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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_5/12/2022Agenda Item #4. Regular Council STAFF MEMO Meeting: Regular Council - May 12 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. Best Lighting Credit Application -Public Works, $N/A, see application/agreement for details. B. BuyBoard National Purchasing Cooperative Interlocal Participation Agreement -Public Works, $N/A, see agreement for details. D. Chen -Moore & Associates Agreement, Dover Ditch Water Quality Improvement Project, Phase 1 - Utilities, $24,890.00. D. CMS Alarm Monitoring Agreement - Parks & Recreation, $329.13 Annually. E. Dive Rescue International Host Agreement - Fire Department, see agreement for details. F. Kimley-Horn Engineering Services Work Authorization, Community Center/Seabrook Crosswalk - Public Works, $1,651.00 G. Kimley-Horn Engineering Services Work Authorization, Tequesta Drive Bridge 5 Year Capital Improvement Plan - Public Works, $6,100.00. Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Best Lighting Credit Application -Public Works, $N/A, see application/agreement for details. B. BuyBoard National Purchasing Cooperative Interlocal Participation Agreement -Public Works, $N/A, see agreement for details. D. Chen -Moore & Associates Agreement, Dover Ditch Water Quality Improvement Project, Phase 1 - Utilities, $24,890.00. D. CMS Alarm Monitoring Agreement - Parks & Recreation, $329.13 Annually. E. Dive Rescue International Host Agreement - Fire Department, see agreement for details. F. Kimley-Horn Engineering Services Work Authorization, Community Center/Seabrook Crosswalk - Public Works, $1,651.00 G. Kimley-Horn Engineering Services Work Authorization, Tequesta Drive Bridge 5 Year Capital Improvement Plan - Public Works, $6,100.00. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A Page 39 of 254 Agenda Item #4. Additional Budgetary Information: 7 Items each with individual costs Funding Source(s): N/A This agenda item is respectfully submitted for your review and approval. Best Lighting Credit Application -Public Works BuyBoard National Purchasing Cooperative Interlocal Participation Agreement -Public Works Chen -Moore & Associates Consultina Services Work Authorization Aareement - Utilities CMS Alarm Monitoring Agreement -Parks & Recreation Dive Rescue International Host Agreement - Teguesta Fire Rescue Kimley Horn Community Center Seabrook Crosswalk -Public Works Kimley Horn Teguesta Drive Bridge 5 Year Capital Improvement Plan -Public Works Page 40 of 254 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of -, luesta A 3'_tit\ a �Oh COU� From: Doug Chambers, Public Works Director Date: April 21, 2022 Subject: Best Lighting Credit Application 561-768-0700 www.tequesta.org The following item is a vendor required credit application. The Villages purchases various lighting and associated electrical supplies from Best Lighting. Best Lighting is located at 1387 N. Killian Drive, Lake Park FL 33403. Funding for Lighting and Electrical Supplies is budgeted and available in accounts 001-210-546.303 and 001-210-546.306. Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 41 of 254 Agenda Item #4. BEST LIGHTING SUPPLY APPLICATION FOR CREDIT CARD BUSINESS ACCOUNT CONTACTBUSINESS •• • Title: Company name: Village of Tequesta Phone:561-768-0482 1 Fax: E-mail: jmccorkle@tequesta.org Registered company address: 345 Tequesta Dr. City: Tequesta State: FL ZIP Code: 33469 Email: Sole proprietorship ElPartnership QCorporation DOther: Company name: TD Bank Address: 2130 Centre Park city: West Palm Beach State: FL ZIP Code: 27703 Phone: 561-838-2245 Fax: E-mail: Type of account: I CREDIT CARD AUTHORIZATION Name: Village of Tequesta Public Works Billing Address: T 136 Bridge Road city: Tequesta t state FL ZIP: 33455 Phone: 561-768-0482 Card Number: 4715 2900 0770 0227 Type of Card: InVisa In Mastercard Ej Exp Date 11/23 _ Verification Code- 836___ * \\REQUIRED// Verification code is the 3 digits on the back of the card in the signature panel. Charge by Invoice ______(initial) Name must be exactly as it appears on card- -Address must be exactly as it appears on billing statement- -Special order items are not returnable nor refundable- Jerem Allen Digitally signed by Jeremy Allen X Y Date: 2022.03.0310A3:38-05'00' Signature of Card Owner Notes: 1. By signing this authorization form, you are authorizing Best Lighting Supply to charge this card without a signature on the Credit Card Receipt. The signature on this form is valid as the signature on the Credit Card Receipt. 2. All Invoice are to be paid when material arrives or ships from Manufacturer. 3. Special Orders require a deposit from 50-100% depending on the Manufacturer. 4. All lines must be completely filled out and signed by card owner before this form will be accepted. PHONE # 561-881-1550 smaheu@bestlightingsupply.com FAX # 561-296-4132 Page 42 of 254 Agenda Item #4. a 1387 N. Killian Drive Lake Park, FL 33403 Phone: (561) 881-1SW supply Fax: (561)Ul-1533 wholesale distributors CREDIT APPLICATION TELEPHON 561-768-0482 Village of Tequesta 345 Tequesta Drive FL 33469 BILLING ADDRESS (a cIftlos man aaova) ARE BILLS PAID CITES 136 Bridge Road, Tequesta, FL 33469 LOCALW ONO Government I IN BUSUMSS 0 SOLE PROPRIETOR 000RPORATION NUMBER OF ESTIMATED MONTHLY PERSON TO CONTACT: BUsmasS SUU NG Is: EMPLOYEES 99 BEST LIGHTING PURCHASES JanetMCCOrkle I OOWNED ORENTED OWNERS (IF APPLICANT IS A SOLE PROPRIETORSHIP OR PARTNERSHIP OFFICERS OF A CORPORATION) NAME Jeremy Allen TITLE Village Manager HOME ADDRESS HOME PHONE HO. NAME TITLE HOME ADDRESS HOME PHONE NO. NAME TITLE HOME ADDRESS HOME PHONE NO. BANK OR SAVINGS AND LOAN ASSOCIATIONS(S) NAME: TDBank OCHECKING ACCOUNT NO. ADDRESS 2139 Centre Park West Drive 0SAvwGS ACCOUNT No. West Palm Beach, FL 33409 0LOAN BALANCE APPLICANTS PRINCIPAL SUPPLIERS ARE (LIST AT LEAST THREE). NAME ADDRESS PHONE AMOUNT OWING Advantage Bundling 2228 Page Road Ste 103 Durham, NC 27703 866-283-3546 NAME ADDRESS PHONE AMOUNT OWING Terracon Services P.O. Box 2766. Jupiter, FL 33468 NAME ADDRESS PHONE AMOUNT OWING Publix Super Market P.O. Box 32009, Lakeland, FL 33802 877-333-7585 NAME ADDRESS PHONE AMOUNT OWING Personnel authorized to make charges NAME POSITION NAME POSITION NAME POSITION Has applicant or any of its owners, principals, partners, officer or directors ever flied a voluntary petition In bankruptcy, been adjudged bankrupt, or made an assignment for the benefit of creditors? ❑ YES Q NO Are taxes owed by applicant to any taxing authority dcllnquont7 ❑ YES to NO Has a tax [Ian or civil suit boon filed against applicant, or any owner, principal, partner, officer or director within the past six years? 0 YES 0 NO Is applicant or arty owner. principal, partner. officer, or director, a guarantor or endorser of debts or notes owed by others? If any of the above questions are answered YES, please attach explanation. 0 YES 0 NO Is material purchased for resale ❑ YES O NO If yes. Florida Sales Tax Number: TO BEST LIGHTING SUPPLY: For the purpose of eslabithhg. and from time to time requeathg btniiesa Gods watt Bost Lighting Supply. tiler W4W%WW eppsr,W ma" the representations haraln and hereby auaartres Bost LtgMtng Supply to Obtain, from any source at any Itrm. as Gem and artancad li nraft concerning appacam a roquYes, if applicant is a corporation. are unders" othow aho eratiortres Best LlghUng Supply to obbJn the tame hftmiaaon oauoming hirreaftersell as an hdivl= for the purpose of further bduOV Bost 1.4hiing Supply to approve said brrsafesa credit. Applicant represents and warrants that all information given herein Is complete, true and correct. Applicant agrees to all Best lighting Supply standard terms and conditions and, if approved for credit pledges prompt payment of invoices In 000ordsrlee with such terms and conditions. If any such obligations are not so paid when due the APPLICANT agrees to pay the same, together with all damages, interest at 1.6% per month, losses, costs, expenses of co0ection. Wgat expense, court costs and athxnays*s fees. In both trial and appellate courts. paid or Incurred by said SELLER in endeavoring to odlect such frldobledrless or any part theroof Date Business Name Village of Tequesta Signed By Jeremy Allen v i.M Man p�L Mfn M W eH TRLE APPLICANT: PLEASE COMPLETE REVERSE SIDE OF THIS FORM SA011 Page 43 of 254 Ageifdl Item #4. NOTE: If applicant Is requesting business credit from Best Lighting SLppiy In excess of $2,500.00 our credit policy requires certain financial information be provided relative to current operations and, if applicant is a corporation, financial information as to the officers. Best Lighting Supply assures applicant that all such information shall remain strictly confidential and used only for the purpose of determfning credit worthiness. A separate form financial statement may be substituted If available. If you need assistance In completing this information, please contact our credit department. FINANCIAL INFORMATION Condition at Close of Business - ASSETS: PROFIT AND LOSS STATEMENT: Cash E Net Sates E Inventory Less: Cost of Goods Sold -Acct's Receivable Gross Profit E Equipment Less Operating Expenses Real Estate Nat Operating Profit 5 Other Assets . Total Assets E PERSONAL STATEMENT OF SIGNING OFFICER (complete only if applicant is a corporation) LIABILITIES: Acct's Payable E As of 19 Notes Payable _ Cash S Notes Payable $ Mortgages Stocks & Bonds Mortgages Other Liabilities Real Estate Other Uabiittfes Total Liabilities S Vehicles/equipment Total Uabilities Capital/Nat Worth $ Other Assets Net Worth $ (Total Assets Lew Total Liabilities Total Assets S Annual Income f CONTINUING PERSONAL GUARANTEE State of Florida ) County of Palm Beach) In order to Induce Best Lighting Supply, lake Park, Florida (herein termed the SELLER") to extend credit from time to time to (hereinafter termed the "BUYER) as the BUYER may desire and the SELLER may grant, or to renew, extend or modify In whole or in part, any and an Indebtedness and liability of every kind, nature and character new existing or which may hereafter exist from BUYER to SELLER, howsoever and whensoever created, (herein termed the "UNDERSIGNED") each cl them. Jointly and severally it more than one bind themselves, their heirs, executors. admintstndors and successors and absolutely and unconditionally agree to pay said SELLER and to Its endorsees, transferees, successors or other assigns of either this Instrument or any of the obligations secured hereby, according to their terms. If any such obligations are not so paid when duo by the BUYER, the UNDERSIGNED will Immediately pay the same, together with all damages. losses, costs, expenses of collection, legal expense, court costs and attorneys' fees, In both trial and appellate courts, paid or Incurred by said SELLER In endeavoring to collect such Indebtedness or any part thereof or In enforcing this Guaranty. This agreement contains the entire contract and there is no understanding that any person other than the UNDERSIGNED named above shall execute this agreement This Guarantee shall be governed by and construed in accordance with the laws of the State of Florida. WITNESS the signature and seal of the UNDERSIGNED, this __, day of 19_ Sworn to and subscribed before me this day of , 19 . NOTARY PUBLIC By: My Commission expires: 00 NOT WRITE IN SHADED AREA BELOW • . FOR OFFICE USE ONLY . '^�: i:(it ,•: . CREDIT APPROVAL APPROVAL DATE AMOUNT OF CREDIT ACCOUNT NUMBER Page 44 of 254 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams0teguesta.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 45 of 254 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 46 of 254 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tecluesta vy'A 0! 18 't�I� S s Dal From: Doug Chambers, Public Works Director Date: April 21, 2022 561-768-0700 www.tequesta.org Subject: BuyBoard National Cooperative Interlocal Participation Agreement The purpose of the following agreement is to provide compliance with State Procurement Requirements and identify qualified vendors of commodities for the purchase of goods and services. BuyBoard contracts have gone through a competitive procurement process, saving members the time and cost of preparing RFP's and bids. The BuyBoard was created to support and serve public schools, municipalities, counties and all types of government agencies and nonprofits. There is no cost to join or use any of the contracts. Revenue to operate the BuyBoard comes from a service fee payable by the participating contracted vendors when members make purchases. Approved Vendors respond directly to requests for quotes and provide pricing based on national volume levels. The agreement helps to reduce administrative costs and provides multiple resources for the purchase of goods and services at national pricing levels. The Buy Board Coop has over 70 contract categories with multiple awards in each category. There are over 1,400 nationally approved vendors in the BuyBoard Coop. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 47 of 254 Agenda Item #4. There are no fees or obligations in becoming a member or using the BuyBoard Program. The BuyBoard program will provide another resource for Village Departments seeking to purchase goods and services. It is my recommendation that the Village of Tequesta joins the BuyBoard program. Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 48 of 254 Agenda Item #4. goperative NATIONAL PURCHASING COOPERATIVE INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated below by and between The National Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government ("Cooperative Member"). I. RECITALS WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE ANN., STATE FIN. & PRoc. § 13-110 (West 2009), and RLGEN.LAws § 16-2-9.2 (2009); and WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members; NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows. IL TERMS AND CONDITIONS Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to that Organizational Interlocal Agreement. 2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. 3. Termination. (a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts owed to any vendor have been fully paid. Page 1 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). Page 49 of 254 Agenda Item #4. tb) By the Cooperative. The Cooperative may terminate this Agreement by: (1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member breaches this Agreement; or () Giving thirty (30) clays notice by certifiers snail to the Cooperative Member with or without cause. 6) Termination Procedure. If the Cooperative Member terminates its participation under this .Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member_ In addition, the Cooperative Member agrees it will not be entitled to a distribution which may occur after the Cooperative Member terminates from the Cooperative. 4. Payments by Cooperative Member. The Cooperative Member will snake timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such ether terms and conditions, including provisions relating to insurance or banding, that the Cooperative Member deems necessary or desirable under federal, state or local law, local policy or rule, or within its business judgment. 5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter "Vendor Fees") may be up to two percent (2%) of the purchase price paid by Cooperative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors.. Cooperative Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and 1unetions performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a program of electronic commerce for the Cooperative Members, Further, Cooperative Member affirmatively disclaims any rights to such Vendor bens, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees. . Distribution. From time to time, and at the sale discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a ,plan developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution .and the purchases made by the Cooperative Member. Administration. The Cooperative may enter into contracts with others, including non-profit associations., for the administration, operation and sponsorship of the purchasing program provided by this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by Page 2 of 6 (Revised by the Cooperative Hoard of Trustees on March 10, 2016). Page 50 of 254 Agenda Item #4. mail_ Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee. In accordance with instructions of the Cooperative. S, BuyBoard . Cooperative Member will have a non-exclusive license to use the BuyBoard electronic purchasing application (BuyBoard) during the terra of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has ally proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming coda. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative. The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense. III. GENERAL PROVISIONS Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is seat to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days. 2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents that its ,governing body has duly authorized its participation in the Cooperative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written policies and procedures established by the Cooperative. Notwithstanding the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on the Cooperative Member. The Cooperative shall promptly notify ,all Cooperative Members in writing of any Bylaw amendment, policy or procedure change. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in. compliance with any reasonable requests for information andlor records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be considered material and shall make the Agreement :subject to termination on ten (10) days written notice to the Cooperative Member. 5, Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to theCooperative. Such notice is not effective until actually received by the Cooperative. Page 3 of 6 (Revised by the Cooperative Hoard of Trustees on March 10, 0I6). Page 51 of 254 Agenda Item #4. 6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws. 9. Legal Authority. The Cooperative Member represents to the Cooperative the following: a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative. b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. d) All requirements —local or state —for a third party to approve, record or authorize the Agreement have been met. 10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, INCLUDING THE NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AND THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that: (a) Neither party waives any immunity from liability afforded under law; Page 4 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). Page 52 of 254 Agenda Item #4. (b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental, consequential, or exemplary damages; (c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Member's purchase activity, within 12 months of when the lawsuit or action was filed; and (d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover reasonable attorney's fees. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of the Cooperative's Endorsers, Sponsors and Servicing Contractors (defined in Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member's purchase activity, within 12 months of the filing of any lawsuit or action. 12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 13. Merger/Entirety. This Agreement, together with the Cooperative's Bylaws and Organizational Interlocal Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 14. Notice. Any written notice to the Cooperative may be given by e-mail to NSBA at BuyBoard@nsba.org; by U.S. mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street FL2, Alexandria, VA, 22314; or other mode of delivery typically used in commerce and accessible to the intended recipient. Notices to Cooperative Member may be given by e-mail to the Cooperative Member's Coordinator or other e-mail address of record provided by the Cooperative Member; by U.S. mail, postage prepaid, and delivered to the Cooperative Member's Coordinator or chief executive officer (e.g., superintendent, city manager, county judge or mayor); or other mode of delivery typically used in commerce and accessible to the intended recipient. 15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon an electronic or facsimile signature as if it were an original. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 17. Authority. By the execution and delivery of this Agreement, each undersigned individual represents that he or she is authorized to bind the entity that is a party to this Agreement. Page 5 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). Page 53 of 254 Agenda Item #4. IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, accept this Agreement. TO BE COMPLETED BY THE NATIONAL PURCHASING COOPERATIVE: By: Signature of author' ed representative Date: 4-21-2022 Valarie Carty Printed name of person signing Administrator's Representative for the National Purchasing Cooperative TO BE COMPLETED BY COOPERATIVE MEMBER: [Signature required unless accepted as an Amendment by Notice as described hi the Agreement.] Un Village of Tequesta (Name of Loc.dvemnentl Date: Sicanahue of authorized representative of Cooperative Member JeremAllen Digitally signed byJeremyAllen Y Date 2,022.03.21 12.4429-04W Printed name and title of authorized representative Coordinator for the Cooperative Member is: Name Title Mailuia Address City State Zip Code Telephone Fax Email (Revised by the Cooperative Board of Tru steel on March 10.2016). Pane 6 of 6 Page 54 of 254 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams0teguesta.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 55 of 254 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 56 of 254 Agenda Item #4. Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 AsoW14-42 MS v f7CN COUNty 561-768-0700 www.tequesta.org To: Jeremy Allen —Village Manager From: Matthew Hammond — Utilities Director CC: David Tinoco — Distribution Superintendent Date: March 30, 2022 Re: Work Authorization CM STW22.01 Dover Ditch Water Quality Improvement Project — Phase 1 The Village, in partnership with the Town of Jupiter (Town), maintains a stormwater conveyance ditch along the southern border of the Village municipal boundary (commonly referred to as the Dover Ditch). The banks of the westernmost segment of the Dover Ditch, spanning from Riverside Drive to the Northeast Fork of the Loxahatchee River have experienced significant erosion requiring extensive work to stabilize the slopes. To address this erosion, the Village and Town are partnering on the design and construction of a rip -rap lining incorporating Living Shoreline features to improve the environmental footprint of the infrastructure. Matching funding for this project will be requested as a state appropriation through the Loxahatchee River Preservation Initiative (LRPI). Design and permitting for this project is proposed to be completed by Chen -Moore & Associates, one of the Village's continuing consultants. Approval is requested for Work Authorization (WA) CM STW22.01, in the amount of $24,890.00, for the survey and preliminary design which will be submitted to the LRPI for inclusion in summer 2022. Through the existing Interlocal Agreement between the Town and Village, the Village will be responsible for 60% of the cost of the project, including $14,934.00 of WA CM STW22.01. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 57 of 254 Agenda Item #4. VILLAGE OF TEQUESTA DATE: 03/28/2022 WORK AUTHORIZATION NO. CM STW21.01 PROJECT No. CM STW22.01 G/L CODE: CHEN-MOORE PROJECT NO.: 492.006 VILLAGE RFQ. NO.: FOR CONSULTING SERVICES PROJECT TITLE: Dover Ditch Water Quality Improvement Project This Work Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement for Professional Services dated September 10, 2020 between the Village of Tequesta ("VILLAGE"), and Chen -Moore & Associates ("CONSULTANT") hereafter referred to as the Agreement. ':� 1 W CMA shall provide engineering assistance with the design of water quality and bank stabilization improvements along a stormwater conveyance ditch commonly referred to as the Dover Ditch. The Dover Ditch is comprised of three distinct segments: Segment 1 — approximately 370 linear feet from the Loxahatchee River to W Riverside Drive, Segment 2 — approximately 1,625 linear feet from W Riverside drive to Seabrook Road, and Segment 3 — approximately 725 linear feet from Seabrook Road to Venus Avenue. Of note, the contributing area for the Dover Ditch includes portions within the municipal boundaries of both the Village of Tequesta (Village) and the Town of Jupiter (Town). Because of this configuration, the two entities share operation and maintenance costs associated with the Dover Ditch and this project will require coordination with both municipalities. This project — Phase 1 — deals exclusively with Segment 1, as highlighted in the figure below. Segment 1 has experienced significant bank scour and sediment transport, and an existing weir. The proposed improvements for Segment 1 include dredging of accumulated sediment and installation of bank stabilization using Living Shoreline techniques to improve nutrient removal prior to introduction into the Northeast Fork of the Loxahatchee River, reduce sediment deposition, and provide higher quality habitat for native fish and wildlife. WORK AUTHORIZATION NO. CM STW21.01 1 of 3 Page 58 of 254 Agenda Item #4. The Scope of Services is comprised of the following tasks: Task 1— Data Collection Task 2 — Draft Conceptual Plan Task 3 — Final Conceptual Plan Task 4 — Grant Application Below is a description of the services included with each of these essential tasks: The following is a description of the services to be provided under this Task Order. TASK 1— Data Collection CMA will review available as -built records, field photographs, perform a site visit, and review other available records to determine the best approach to re -grade the existing swale and install the underdrain system. CMA will submit a Sunshine One Call design ticket to determine the presence of underground utilities that may conflict with the proposed improvements. CMA's sub -consultant (LIDBERG) will perform a property and topographic survey of the project limits. CMA will contact vendors regarding potential bank stabilization technologies that can be implemented as part of the project. A meeting will be held to review the findings and discuss issues or concerns. CMA will provide a summary of the meeting for the Village's records. TASK 2 — Draft Conceptual Plan Based on the collected data, a draft conceptual plan will be prepared by CMa to be used in meetings with Village and Town staff to review the proposed improvements. The submittal will include a proposed plant palate and will illustrate planting concepts for each of the three segments. It is assumed that the plan submittal will consist of the following sheets: • Cover Sheet • Plan Sheet (1 sheet at 1" = 20' scale) • Typical Sections (1 sheet) • Proposed Plant Palette (1 sheet) WORK AUTHORIZATION NO. CM STW21.01 ? of 3 Page 59 of 254 Agenda Item #4. • Details (1 sheet for bank stabilization technology. The Plant Palette sheet will be included to present the best choices for vegetation in terms of functionality downstream of the weir. The vegetation will be selected to meet three objectives: erosion control, water quality improvements, and aesthetics. The Details sheet will provide information for the products deemed most effective at erosion control based on vendor research. A cost estimate for construction will be prepared as part of the Task 2 submittal. A meeting will be held to review Draft Conceptual Plan submittal. CMA will provide a summary of the meeting for the Village's records. TASK 3 — Final Conceptual Plan Based on the comments of Village and Town staff on the draft submittal, CMA will prepare a final submittal incorporating all necessary revisions and updating the cost estimate to reflect any changes. TASK 4 — Grant Application CMA will prepare a grant application for the proposed improvements to be submitted to the Loxahatchee River Preservation Initiative as part of the 2022-23 application cycle. CMA will also prepare presentation materials and present to the review committee as needed to facilitate the application process. The anticipated schedule is based on issuance of the Notice to Proceed and is projected as follows: Task 1 6 weeks Task 2 6 weeks Task 3 2 weeks Task 4 2 weeks IV. EXCLUSIONS The services outlined below are not included as part of the scope of work, although additional service agreements can be executed to assist the Village with these services if necessary: 1. Preparation of construction documents 2. Geotechnical investigations 3. Hydrologic and hydraulic modeling of the contributing area 4. Permitting 5. Bidding assistance 6. Engineering services during construction or construction administration WORK AUTHORIZATION NO. CM STW21.01 3 of 3 Page 60 of 254 Agenda Item #4. V. VI. CMA will be compensated for the services described on a lump sum basis in an amount of $24,890 per attached Exhibit A. The work authorized under this Work Authorization shall be performed under the terms and conditions described within the Professional Services Agreement dated September 10, 2020, by and between the Village of Tequesta ("VILLAGE") and Chen -Moore & Associates ("CONSULTANT"). Compensation shall not exceed the hourly rates currently in effect under this Agreement. CHEN-MOORE & ASSOCIATES Print Name: Brent Whitfield Title: Director of Water Resources WORK AUTHORIZATION NO. CM STW21.01 VILLAGE OF TEQUESTA By: -4-- 401 Date: 3 1311-4 a 4of3 Page 61 of 254 Agenda Item #4. U W lx a z H W z =O LL 0 a p I x O uj 8 0 000k 0 0 0800800 0 00 00 oo800880 0000i ood: N00 o000odo, SSNoallo{. dd0000d 0.4 Ln(OD; 0 Ooo60 000oI- F (nr�n H9 y€ o— r-o t i - (V ' N! €gyp �ww Mi.� tl! eI! tlf W rgLn(gair.= w"> J W d O o cp � N pp� .M m N, N .4A �m J �z V A o i� O dp Cp N NLU f" f } �qq C r o Ln cm 5)i9 w O Co 44WW77 � a} NN ODNm It .y. rt ti# O ` a0p o �. 'tt p N N N ap69 Si d� Oqq m c c a o c' fie;': a a m m�; o tzr Emra whom O F y _ m N m Ul S �j w W _r E. N d y N , J a O W L N c c Iv p� m p tO °'� eE � 0..-Lo da�i °a �`'�tiY°'m�m�' .- p��, ddt�o I ag99 r oCo;m� c .. CL 8��6M_ Y; vO Uc 'C€F- Sa�dusN L(1mnaa��a (a N N ta�E0udmm a m mm 7:9 L e d 2nL aaaa aa (mrxww(2 i aaaa NM N �Ntha KI cp 1+.�NM V �n<�c" NNN NN NN Y. M M M M M M(7 :.-� .4 a. + = f t f f f Page 62 of 254 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-04401 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 63 of 254 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/IH/WCAG/." Page 64 of 254 Agenda Item #4. May Regular Village Council Meeting Agenda Consent Item MEMO SUBJECT: Consent Agenda Item — CMS Alarm Monitoring Agreement MEETING: Regular Village Council Meeting— May 2021 DEPARTMENT: Parks & Recreation STAFF CONTACT: Greg Corbitt, Director of Parks & Recreation BACKGROUND CMS Alarm Monitoring Agreement for Recreation Center • Alarm Monitoring Agreement for Tequesta Recreation Center in the amount $329.13 per year. Page 65 of 254 Agenda Item #4. CCMS CPIITICOM ," :•III. u,V , :' I t; o I , Dealer Infl)rinlatiDn Dealer Number Data Information Sheet Dealer Namc Dule Subscriber lnlormatiOn ; Revdcndal I'omnu:rrt.0 t'nnunernal roc ❑ Two -Way llcdical (h11) UL lira Account Number Seauutan Account Number Subscriber Name (q � brloo� ed i �tve� �L— 34 (Oct Addrecs(no Ph Hua) Apt N ;' I+ slat. Zip( -etc G�Q ( I LV S, D- -7 C-) -T(fgo(f6ta cr i (/Z P:nmw% Phone Number Secondary Prerruaes Phone Number Ctoan 51rect Subdivr tun Map rind Authorities I4 Hour Emergcocy Number (nnott q l 1) Permit Number PD p t�• t S UJ �W Fr) re — MD (i.anf Test Frequency Irno, test received notiAt Dealer via: Cummsmicaliom None I Luly Weekly Monttdv I.vent I lfstaty Fax Hoar :-relephorc Standard 7uru 1'cr p.:ec Pan:! ?anal Phoned Two-%Vavi'anal Ae.h.le, Yes__- Nn Manual Rescl ufCcIf ult in M'.:=c Time Zone FCv yeriBcarioa) Avanitc Faccrn Central Motmmn Pacllic Hawaii - Alcul:an ye, i No " In CC �' areas, ail prcnvses number ,ved ;he :ir+l comae: will be culled p^ur to divpmch on Al Hurglary tod Tamper iignalc '• Passcodc (max of 10 characters Verbal Ihvess Cade (max of 10 cbnracturs) . Conta:l List Name Telephone Nwnl= Time Pramc Subscriber Email Type' User P Pas.code • tie'rvpe- ,t,i:•:. law m4c which Alan. ncnl type' the ceouct 0to Pe uun6nl un. r!c Trmtbla•, Up,,n)( e. \Aed�cct aml Pauma laldul. Zone AlaffriType Description PR PT PD PD MD CL AL LOG Dhoatch Order. PR - Call `+ears ue, Pr fall cu.musccuray;Palrul 111)- Despatch Pone. Fill Dopalch hire - Dispatch Medical .111l UL - NOIfy Call I tst Nuu Ca Al. - ( Alarm Log Only - Lug m History ottly nn oltiar acouns Delayrd Events • Delayed Pscr.h will eutornaucally apply to Rr.identlul Law Hatlery :uad amebic cectlts rnr ow minute And Commerical A/C Fill and I ow Battery events Cot 130) mirut•s while awutung Revtorr If restore 1s received, nn acuw will he taken tl rcunrc i. ne: teenved, acuun will be :akcn Du Not •\pply Delayed F-cnts Special Inxttucuonv: a iupervtscd Opening And Cln+ing St.bcdule nuained on auachcd Upon/Cline Schedule Fbmt Page 66 of 254 Agenda Item #4. 4qw ALARM MONITORING AGREEMENT 19, PURCHACE ORDERS: p � , underbltrdd and agrrad by and between the pamou hereto •hnl a mere sitmy corthwi hniv,"n dt+•i CWUM t end Sahsr/hfff a purt:hn9e orthit .v any ulhaor r duts n+m I lhamm�tmrd irll gnvrrn wtutthcl M1u,11 Iptrrhnsn onhit 4r ithel tII KItpll:fl: ti pr'I:f Ip h1lhMpppatl Iq h1IM1 anPlgnu'nl 19. ATTORNEY'S FEES: In the nvrnl It shall anc[ana necessnry ror ME LEH EI.EC I R![ In inshtuhl Ivgal pnir.aedmga to t ell"at the cr•,st rl .utv .4uh7ae, av WI forth nwoin. Ihon and m mtch Jancead'K10. Subscnher chap pay MILLI FR ELECTRIC reasonnuya nllnrnny's to . wrtaw per-11tid by !aw 20. INVALID PROVISIONS: 'n 111h nvenl any if It, lermn or pnas:ans if th n aquimnanl Snell ne declared to bit nvalNl nr �nattrtfahve. ap OI dh: 'emlufang Mfma and provtsrons anal ,anion in 1.1 loco and I:rtm.I 21, ENTIRE INTEGRATED AGREEMENT. MODIFICATION: ALTERATION: WAIVER: fens whhng tM1 nttnndmt by inn P.lrhnr. ar. a boat n.Mnwwr ut pmK tiEreitmOrii and of a Conlpbta .tnA eraluiwe SlnimnRnt of Vw Icons iharKol The agreement wpalsode5 ae pna repveeenlahans, urtovytmKlmge a agRepienta r0 ilia ponies and the primes rely Only upon d1e ganienle of this agreemenl :11 eAnOltmy it This agraarsom can only be modified by A writing stoned by the parhda of than duly eulhonted arrant No wavor of a breach of any Iran or condtllon of th14 anreamonl Mall be catstn"d lu he a waver of any imcccadmg blellth rho pathos apple pull Itns dgiemm et Is to be Pedofmod m the Stale at Flonda, mid Mn0 he nuvomed by the IAwA of din 510117 fit FI,;1ibi Suhw.n6c hunak Page 67 of 254 Agenda Item #4. I,- CMS Dealer Information Open/Close Schedule Dealer Nutnhrr I I Account Number Subscriber Nomc Instructions Please provide all times in military (24 hour) convention or with AM/PM carefully noted. Complete all areas that apply in the sections below. Reporting tions Supervision of Account Select Report Frequency: ❑ Monthly o Weekly Repotting Method n None. Reports will be obtained via online •aces. at no charge -iMaii: Reports will be mailed to subscriber and charged to dealer monthly ❑ Gmail: rax: Acceptable variance from scheduled time: Openings Minute, early Minutes Late Closings Minutes early Minutes Lute 1 i Late)pen a OpenouLjirte of Schedule t Lure ru Open (:arty Clare _t Fail to Close Sundard Operating Procedures will apply unless otherwise indicated by Dealer. Weekly Schedule Day of the Week O cn Timc Number I Close Time Number 1 Open Time Number 2 Close Time Number 2 :Mundy 'I'uesda Wcdnesdav fhursda Friday Saturday Sunday Holiday Schedule User Information NcwYcar'sEve Closcd SDccialIfours: Open Chase LJse'rJt Nu,nc Pusscode New Ycaes Day Closed i Special fluurs: Open Close Martin Luther King Jr. Day IX GUscd Spec jul I (uurs: Opcu Close President's Du Camel : Special Hours: Open Close C'oltantsus U: n Cluacd u special I lodrs: CRE-0 Close Good Friday t Closed n Special Hours: roeu Cho u faster Da � Closcd ❑ Special ►lours: Open Closc Ltcn,orial Day Ackised 11 Special I lours: ( ctr Clcuc Julv41h r,KC:losed u Special Hours. Omen Close Veterans Dav Closed n Special Hours: Open Close Labor Day Ciuserl r Jpcetal Hours: Open Close Rush Hashanah Closed Special licium en3 Close Yom Kippur C losed i. Special Hours; Close iltanks givin Closcd :.t Special Hours: Open Close Dav Aller Thanksgiving Closed u S ectal flours Opcfl Close _ i l nakah ❑ Closed it Special Hours. Closc Chnrunas Eve &Closedl n Special I lours: I U en Clusc Clinslmas Day K Closcd u Special Hours: Den Close Close Other - Dale. u Closcd u Special Flours: or--- I * Please submit a new holiday schedule for any changes in holiday observance " ** All opcn/close supervised account will be setup as "c•/nrr " an the following holidays: New Years, Memorial Day. 4th of July, Labor Day, Thanksgiving Day and Christmas Day unless otherwise instructed by the alarm company "* Page 68 of 254 Agenda Item #4. 40>0 Miller Electric is Company 528 Northlahleke Blvd. #1024 Altamonte Springs, FL 32701 Tel: 407-328-5220 Fax: 407-328-8346 SYSTEM MONITORING SUBSCRIBER CONTACT INFORMATION SHEET CMS Account # Master Passcode (if Used) (If you have more than 1 account, please be sure to list all accounts that this effects or submit separate sheets for each account) Please complete the following information and return to Miller Electric. Facility Name 'T q , 1'cs (�,.-, (/�on Address [�br��,l�� _ �.4/� - -- City �"—'--r� ��L�t "� State Streetst Cruss TAM VeS�'+ (�i - and S & bV-C - L Imo' Premises Phone S' n I •—I / � * 0d -f f � 2"d Phune B I ( to O Q 4 -79- Number l,Yn1 _ lY Q l 1 �/ j ¢ fib Police Dept ( Moo Fire Dept �� 1 � (a EMERGENCY CONTACT LIST (List in Order St/ r �! / C# $ �` S Individual d I I Numr GtrCi �/Q tj "� Phone 6 v `Cell S� J Passcodc Individual 2 Namc � /111 — 0001 PhoneCj(pl 7l0 'q-S Ccll 51W1Q035�5 Passcodc Drag �U 2 Individual J 2� 3 Name � � Phone+ �'r /Cell�1 Passcodc 0_ Individual 4 Name We w�ri�1 Phone 51�1�bb ll S�7S8�Q Passcode53 Individual 5 Namc Phone Cell S61 asseode Individual h Name Phone Coll Passcode -- — -- Individual 7 Name Phone Cell Passcnde Individual S Name Phone Cell _ Passcodc - — - Individual It Name Phone Cell Passcode - - — Individual 9 Namc Phone Cell Passcode -- - ---- --- — - Individual I n Nomc Phone Cc]] Passcode I hereby authorize the above changes to be made to the accounts listed. Sign & Print Name: Date: Page 69 of 254 Agenda Item #4. ALARM MONITORING AGREEMENT 6. MONITORING SERVICES' S49nalt of the alarm, syslams ovaned by Iha Subscutter ill the prunuse+. tit uklabovn let forth shall be mon.tarati by MILLER FI FCTRI(-.. It r ale opuuw, of MILLER FL ECTRIC use of the Alfxm sy.tpm by Subs�nnnr adversely arlar a the also rat the venal rxurnng rquipailant, 1419 aifrnomonl'rally be. lorrmnalnd Inn (10) rays 511loytinq miller, nmk e r) Subscobv, T RESPONSE TO ALARMS: Upon recant 04 b.nptar alarm signal. Iransaw. 'he aladP to he:Wgenrtaba tl Inn ?uhcr, Gn{xfAmmn and notify the Suhsartnrtr ix his dr. vyntithd representeova by : likng Iho telephone number aupplled to MILLER ELECTRIC n maiii9 by the Subscnbo' Upon wnllen raluen! urxn the Subscriber. MILLER ELECTRIC will rawly Subscriber or his maresantatrve first to rectava aulnnr)rabo, 10 (1lep.orth Inn Pnllrc Depurtmart Upon fecotpl or a hold-up aW(m Swint transfmt the almm to the poke dopartment l.T Uprm meuti l of d sin otdot al+Um a:g signal, water flow nal, manual. is�m. Ica a aura nao- Ise alarm skplal, trensmll the staid to ;hn lira du(aartmbnl and rxady Subscr.En w his dusignatted rapnsentalives Ily, ratably tie w,.,nlhn119 lumgxnf stripped h) MII I.ER ELECTRIC Ir taidatg by thu Subwlber .+ 4 Upon fecapt of a mfinnm sipnnl fmuismp rate alarm To the subscriber or nu IWalgnateu fdpratmmislrmr by t;Mklg Ina lokeph(ine ^umbra supfdied is MILLFR ELECTRIC In wrillnq by the Subscriber a. TRANSMISSION LINES: Subnrnher shelf pay Al charges made by any telephotrw Company of olhm utility for Installation, leasing and service chafgaa of elSphone W+es conncaunp Subscobaf'a pfOtaLlua pron emus to MII I EH ELECT RIGS cmmaf ,lalwl� wmdt A dlgltal communkator o uond Subucnbdf ackpowlobpts that If MILLER ELECTRIC utlk2as a tkaaM communicator for Ihn pufparxts of injohni tiny alarm riynals front the Subsuahw's 1pamisas hr MILLER ELECTRIC'S f.colral Million glut file+ryftals burn Suhsnlber's aided syslmb aro bauvrllled over Suhswitud a (xyuldc t.kldxulx "tvj A fir MILLER ELECTRIC'S ceelral tdnima and d+the event Subscntiar s telephone service is diisronnerled. uut tit order plffcau fall vacA1*n or olhorrAs(l mlelruprod sgplals from Ile Sobscober's Ain" system wall not be ,ece•aed nl MILLER ELECTRIC S central stnitun dunnf) any such interruption in telephone socinct and the inimNpllon will not be xnowr+to MILLER ELECTRIC Subsetdfef bntdes ackrowliI Land igwos !hat wrtnals which are unnfmmed owe( lulephnne company linos which are wholly beyond ilia contact anti reasdicllon of MILLER ELECTRIC and so raamlairod and ,omlco by the aptpbcacir 1a',4 lhor rompainy or uhlity. MILLER ELECTRIC. it its option. may ulikZu a radio hequnney SYS"' (or tlansamfimq dlemi aignalls fit" Sibscianer is pfitrruiea hat MILLER ELECTRIC'S cnntcal slnllon Sudwfber adfaxa.Mdges Nut tie wa (d radio lrttquefhcles .Lao rn11roW.•A by lira Funeral Gunnwnla:.fllwls Cwnnvrawn rid uhmgeS :n ides, loyal a tins and paifc4ls may nnulas lAle clan dlecrxtbnudx) use al sudl uanvruesxm facibu.s ay MILLER ELECTRIC M MILLER ELFCTRIC'S role oplhid 5ubscrbor further acknowledges that redo Irequoncy uansmaxn+s nwy be iefpabed or Interrupted by atmosphene coodAmns ter �uAlrg Mecirwdi nturms. povnr (alfrans. or other conditions and ewmis baynnd MILLER LLL•-*TRIO S iatiml 9. MILLER ELECTRIC'S OBLIGATION. Sube?Aber anti MILLER LLEr:TRIC agran teal MILLER ELECTRIC'S auk ,no only obligation under this igrxdmant shall tail to munllur aapuda rnr.aivad lay moans M Iha n'Mrf3ivft oyefbm ]rid ran{xmd theufu as sat forfh Ila Snfawn 7 d lulu aprm:menu ill, FALSE ALARMS: If, the event of an excessive number of (also alarms tire talosed by Subscriber -a eAralatY1100.a, rnakeiops i cbpn, ar acci dartal use o11M1 sham system, MILLER ELEC TRA, clinical its sob aeu+rtion doom mate to btt dialectal bittern rat ,milrac, ar, din part of Subscribef did, tills option, x addllidl to other Wont emtoldlae Sol forth below, be oscusod froth farthor performance. upon lining of can ( uf) days writers nolicn in Subscriber Mil I FR I'LECTRIC'S ascus l from pcidormanni snxl, nail anm:f .1%dgnt IO tecytv,e dantaQos trrxn Subscriber. in I in the nvool d a nrlr, punally, or fad is assussod agains: MILLLR ELEC TRIO. by any gavemnent an nh411k'IP41 agency as .1 fpua lit any alarm onginatinq franc Subsubltm's pref llsea. Subernlxx agtnna to forthwith felslexirse MILLER ELECTRIC for :now i d 1 Subsolbar (opfeeents that he fusty underwamls than: the oglilpmem. because of its tei1011arAy Add nnlmeis subl ci to the elaborate of ttslamal "vents avMch are riol within the control or MILLER ELECTRIC and which may cause th6 Marra to actrvatb Ally and aA such alarms which may occur :hall ool be. ranM%tod as impfmper wcralihn .If Iha equft4+iem nor as a •rallu,ction therf.41 nqr shall any Or •111 of •;urh claims oycu%c any of the bfdan4bons nl Subscribor as sal lerth In this aglpefnxnl I I INTERRUPTION OR CANCELLATION OF SERVICE: MILLER ELECTRIC assumes nn kOtidity fill mtnasuldkm of Innmtwmq aerie. due to sutkns. nods (Inodi. %brans, earthquakes, fires. power failures, mUllredion, inttOIJPtion, Or unnwaildtekty, of telephone section. dcts of naturea for any Other cause beyond The control of MILLER ELECTRIC and will not on requited re supply ltiaiihfung service to Subscriber while interruption of tarvree duo to any such ,:ausb may COalldus This aipeemenl may be sunpended or cadcelled. without notice at the upocan of MILLER ELECTRIC,,( MILLER ELECTRIC'S central Welton at Subself tee a fanmisos or equipment are destroyed by bra of allies calaelsophe, of Is so subsuvllia6y, damaged that it Is im wrKlicab to cwilrfwo twriice or In that dvhra MILLER ELECTRIC is unabbt its rCnitir %erylr,+ .m d n(.uit all .iny action by, any gnaanmunl uuthrnity 12. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM: The 5ubsrrnber nhall c oruffy And ptopmfy sou add sat the attend tystdm ans"admolly Waif to seufll"g nl the preadsec :Ina carehdly tea U+e syslum pencd¢aey durulp Ina !um1 0l Iha a()teaemnl Sabtaaber ahng 4Mledxa ctly report to MILLER ELECTRIC any clemua inacequacy In or failure c( the system of servM.o ibb5crilli r tepees to lulnista SdeSeune iv lh 1W chonpes, fevisitin5. and tnodificatmns to Subnrntatr's .nfeimabnn m wrllifxi, When any cloisters ar piotorlion Is used, including but not Ibntted to space pfOtochon, wtuch as a6oclad by tusbulonce of air Occupied a:rsparft chanpa fit athn? dlelurdng enndiliens. home, m•Ih, anbmxbs, ail wry lather wurres of .ur ranlmleoro (x rnwandant. wrhlen may -mall". yMh the 11RrrAiwnlst of Ind syslern (luting closed puaitdS whlW Ire ;Wfm SYSIfim is as, Subscriber vn411 Iwvu soda ntt{inns fxMy hx ekrndng any anNbhi dnvire. In tite'isn't MILLE I: ELL CTR IC i, t 11ed upon lay Sunscffhna, goywonldnl aallitedy, of others 11) Ololcd Subsvlltfti s audidile thence. SWIM flax"? apseeY to pay for each soracd cap at MILL E? ELEC TRIC'S provaahnq due vnlh a one how nhxilmam charge Subscriber chAll ahem, pay Ibr, and keep di full ceased and offeaL all necassory licenses and Ifmmlls for Ile- mslaluteor, uyA nl the alarm Aysteio dunnq Itin original and any renewal term of ING 191". Mwd 19. ASSIGNEESISUBCONTRACTORS OF SRESECURE: MILLER ELECTRIC shall haw the fight to assign Ihia nyreemunt Lai any other pnrtmtp. film or conKnAtiat wflbcnd nnik.n it, ups SuhScnhnf .o,d chat{ Pavia Ida furtdmr clam In suhoinbact any wooduamy Or other serrtros whirl, A may perform Sunruilief acknuwlodyes that Ilus Aylermeol, arud parhwLady them pmA9110hs retalmy to MILLER ELECTRIC•S nlaxlmuri IeMldy. Inpaidated dantngest. and Real party edan sista" on. men to the done ll of Add are apdrable, to any assignees anfpor subconitaetors of MILLER EL ECTRIC, aria th.•d they tried Subscriber mil rcupaCI to aAic asrlgro;ec ard-ur bu onlra-.NrJ wilh 'he some ((:err .pall aped as;he vrd Sat eerinnr to M I. LER ELEC-RIC 14. DEFAULT BY SUBSCRIBER: If Supsud,nr fad. 1n p+ray any im(Yunt fx"rrn/ pfuvutrd wisxn ham (id) day. ahrA :fin arms as d11n ,ale p4yfWiu, w d $ubstaawr Ian tit pdrowin :prydlhm paninshxtf hmenl within fell ( ill) days anxf Mt.LER ELECTRIC s11xa hnw nnkwafud m wrauiq peefwrnanro thaxoof. MILLER ELECTRIC: wag havn Ihn ,(91d. but shah not ba oldapatod vl etcafcOle any line Of nx.n u( tu1 hdkwnny remmites (a) Rm.twet the existing aOxhlola flue trials Subacnhet and co,..finup Iu accentual tlm system n1 which rate MILLER ELECTRIC stint be enttned to recover in adoiplm. Iho qutaferdy chat()" due undet ,:omru.t for 3ald sero.:os, nr (h) Preavar from Suharnbar all sufns MILLFR FI ECTRIC may hat entllhid io under Taws 15 DELINQUENCY; RECONNECT CHARGES: In ilia event any llayrnunf clue hmmindel is info lain tall (Ilq,joys drbreuanl. MILLER ELECTRIC -tiny impxaso and aulcrl n alto chatgn all in..,, alpaall nor dclmgpm,uy rat inn mnact, on r;de pntmlftad fry F kmdu law. halt ,or 9araror than w,pd t o (IA-,,) W.motit lair allnI If Ole nurnn ayalnm It dnnruvated bncal to M Subscabm'5 past due hAWnre and it Subautber desaes to hdvtt the SySlofn ?e•.tC haled. Snh,ir.nhwr Agpms in pay,n advaora 10 MILLER El ECTRIC a rnranndctron rhar()a In ran nxud by MII I FR EI "i:TRfC in d rensonibM. unr;uflf f 6. TERMINATION: LIDar Tesmrtiauon of this agta"r.+nnt fax any •eaauc. SuPouriber shill isecubt 6nl. LFR ELECTRIC ur :is agent to w4or SubscribafI premises Add dasp7nnrint Suhscatbcf+', anemdlel :x eommunxatm cfgm M11 !.EH FI.ECTRIG'S nwn,twirct netwnek 11. THIRD PARTY INDEMNIFICATION: vNwn Subw1dit r in and obhoarr uapga of humnims. lens the paalw"ty of nnuliS xl iris msoxty m Iho 11a sysmn, em"Idb In p"A"'A tine f-upridy "I.,them, SulasCaLip aaomns to mxl ah.• 11 mdxaxhity, defend .1nd Hold IIOUmlexd MILLER ELECTRIC. ds mlsp loye"n and ayrnl!. for and n()dinat elf clams brought lay statistics Other [hall parties le Ins aglodmunt this puovLston shell apply to all claims regaidles% of cause including MILLER ELECTRIC 3 p,rimmanra or fa hoe In Nnfrarn deal mrluding defects in productu. destr)n mllallnton, rnmalenance, nparstttw us, non.cpnfauor if Inc syatom •another banod upon neghpcmrAshove a pesmve. warranty, of strict or Wodact bftbalrty wl ilia part of MILLER ELECTRIC, its amryluynds nr ,cods. bad thin pexilani e11e11ram apply to gkrtns cut [..,air damson :Iulaly .n d danctly craws"d by n's dnglTAyrn, of MILLFR ELECTRIC wham on Subsrdhcr's f1r1111n11el. h Cuh.cnlxr Innfals Page 70 of 254 Agenda Item #4. ALARM MONITORING AGREEMENT This agreement entered into on 124J2W2 . by and between Miller Electric Company, hereinafter referred as -Miller Electric" and, located at hereinafter referred to as "Subscriber". 1. DESCRIPTION OF SERVICES PROVIDED: Miller Electric agrees to pruvidr, monitoring service as hereinafter set forth for the alarm system owned by Subscriber and located at 2. PAYMENT AND TERMS: Subscriber agrees III pay to MILLER ELECTRIC, its agents or assigns for monduring, the SUM OF $329.11DOLLARS per year, payable i 1 monthly Liquartedy orgjnnually in advance. The first payment shall be paid upon execution Of this Agreement. f his Agreement shall be for an of one year and shall auiomaucally be renewed for like periods at the same monitoring rate, unless either pany notiftes the other in writing of its intention to terminate this Agrounwnl, not less than thirty (30) days prior to ilia expiration of Ilia urii)Inal term or renewal lain thereof MILLER ELECTRIC may increase the monthly monitoring rate for any renewal period by giving Subscriber sixty (60) days prior written notice 3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. AND FOR RESIDENTIAL SYSTEMS, TWO COPIES OF -HE NOTICE OF CANCELLATION. 4. SITESECURE IS NOT AN INSURER: LIMITATION OF LIABILITY: 4.1 Il s understood and agreed: That MILLER ELECTRIC ,s not an insurer that insurance, if any, shall be obtained by Subscriber; that the payments provided for herein are based solely oil ilia value of the service as set forth harem; that MILLER ELECTRIC makes no guaranty or warranty, including any implied warranty of merchanlabrlity or fitness that the equipment or services -supplied will avert or prevent occurrences or the consequences there from which the system or Service is designed to detect or aven. Subscriber acknowledges that it is Impractical and extremely difficult to fix the actual damages. starry. which may proximately result from is failure to pertoim any of the obligations heroin, including, but not limited to monitoring or 'he failure of the system to properly operate with resulting loss to Subscriber because of. among other things; (a) Tile uncertain amount or value of Subscriber's property or the property of others kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affectod by occurrences which the system Or service is designed to detect or avert, (b) The uncertainly of the response time of any police department, fire department. paramedic unit. or others, should the police department, fire department, paramedic unit, or others be dispatched as a result of a signal boing received: (c) The Inability to ascertain what portion, if any, of any loss would be proximately caused by MILLER ELECTRIC'S failure to perform or by its equipment to operate. (d) The uncertain nature of occurrences whicn might cause injury of death to Subscriber or any other person which the system Is deslgned to detect or avert. (e) The nature of the service to be performed by MILLER ELECTRIC Subscriber understands and agrees that if MILLER ELECTRIC should be found liable for loss or damage due from failure of MILLER ELECTRIC to perform any Of the obligations harem. including, but not limited to monitoring service, or the failure of the service or equipment III any respect whatsoever, MILLER ELECTRIC'S liability shall be limited to a sum equal to the total of sIx monthly payments ar Two Hundred Fifty Dollars ($250.00), whictiever is the lesser, and this liability shall be exclusive, and that ilia provisions of [his Section shall apply if loss or damage, irrespective of cause or origin, results directly or indireclly to persons or property. from pertonnanre or non-performance of the obligations Imposed by this Contract, or from nog[lgence. active or otherwlse, of MILLER ELECTRIC, is agents, servants, assigns or employees 4.2 If Subscriber wishes MILLER ELECTRIC to assume a greater limited liability. Subscriber may obtain from MILLER ELECTRIC a greater limitation of liability by paying an additional periodic charge to MILLER ELECTRIC If Subscriber elects to exercise this option, a nder shall be attached to [his Agreement selling forth the terns, conditions and amount of the limited liability and the additional charge Such rider and additional obligation shall In no way be Interpreted to hold MILLER ELECTRIC as an insurer 5. MILLER ELECTRIC'S LIABIUTYIDISCLAIMER OF WARRANTIES: MILLER ELECTRIC DOES NOT REPRESENT OR WARRANT. THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM OR SERVICE WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, OR OTHERWISE: OR THAT THE SYSTEM OR SERVICE WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES. THAT MILLER ELECTRIC HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABIt_ITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES THAT MILLER ELECTRIC IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF. SUBSCRIBER HAS DISCUSSED THE AMOUNTS SET FORTH IN PARAGRAPHS WITH SITESECURE'S AGFNT, WHICH SETS FORTH SITESECURE'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE, AND HAS (0) ACCEPTED (0) DECLINED A HIGHER LIMITATION OF MILLER ELECTRIC'S LIABILITY. MILLER ELECTRIC COMPANY SUBSCRIBE Print: `:V Q sly ni Print; _ Sign Sign: Data Date Signed `% / z"' z Signed THIS AGREEMENT SHALL NOT BE BINDING UPON COMPANY UNLESS APPROVED IN WRITING BY AN OFFICER OF MILLER ELECTRIC IN THE EVENT OF NON -APPROVAL, THE SOLE LIABILITY OF MILLER ELECTRIC SHALL BE TO REFUND r0 SUBSCRIBER THE AMOUNT THAT HAS BEEN PAID TO MILLER ELECTRIC BY SUBSCRIBER UPON THE SIGNING OF THIS AGREEMENT. r-fE TERMS AND CONDITIONS SET FORTH ON THE SUBSEQUENT PAGE(S) OF THIS AGREEMENT ARE INCORPORATED HEREIN AND BY REFERENCE ARE MADE A PART HEREOF Page 71 of 254 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams0teguesta.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 72 of 254 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 73 of 254 Agenda Item #4. �OFTEG i �,ST.7993 J 9 q�y cou\+ty VILLAGE OF TEQUESTA TEQU ESTA FIRE -RESCUE MEMORANDUM FILE NO. Admin. 22-12 DATE: April 26, 2022 TO: Jeremy Allen, Village Manager y� FROM: Fire Chief James Trube SUBJECT: Host Agreement beiween Dive Rescue International and Tequesta Fire Rescue Please find attached Host Agreements between Dive Rescue International and Tequesta Fire Rescue for Rapid Intervention Techniques featuring Swiftwater Rescue one class to be held on June 22-24, 2022 and Swiftwater Rescue two class to be held on June 27-29, 2022. The maximum class size is 20 participants. Both parties agree to abide by the terms and conditions of the agreement. The final date when the class may be canceled with no financial obligation to Dive Rescue International is June 1, 2022. The associated fees are as follows: • Tuition per student per course: $400 • Upon the registration of 15 paid participants, the hosting agency may enroll up to 5 participants at no charge. • A minimum of 10 paid tuitions will be required for this course to proceed as scheduled. Page 74 of 254 Agenda Item #4. ru HOSTAGREEMENT This is an agreement made on April 13, 2022 'between Dive Rescue International and the Tequesta Fire Department, the hosting agency. We agree, and our agencies agree, to be the host for the training course entitled Swiftwater Rescue One to be held in Tequesta, FL on June 22-2+4, 2022. I understand Dive Rescue International will provide the fciIowing; Qualified Instructoror instructors. $* Registration of students and collection of tuition, instructor fees, travel, and expenses. Custom training materials and/or textbooks. y Specialized training equipment as required for the course. Customized brochure, marketing material and support. Screening of participants to ensure membership with a public safety agency. Certificate of Completion awarded to students performing at an acceptable level. A one-time 10% discount for equipment purchased from Dive Rescue international. This purchase must be made within 90days of the class and applies to current retail prices. Bost responsibilities: Complete and return all paperwork- • Act as a contact for inquiries concerning local information. • Promote and publicize the course to other public safety agencies. • Instructor transportation to and from the airport and during his/her stay. •: Arrange for all instructional facilities which include classroom, audio/visual equipment, and training sites, as outlined in the Program Information Guide. I understand that the preferred class size for the Swiftwater Rescu a On a course is 20 participants. The tuition for this course is $4001U5 Funds) per student. Upon the receipt of 15 paiid registrations the hosting depart rnent may an roil u,p to 5 participants at no charge. A minimum of 10 paid tuitions wiII be required for th is course to proceed as scheduled. I understand that If I cancel the scheduled courses by June 1, 2022,11 will have no financial obligation to Dive Rescue International, However, if cancellation is made after this date, I agree to compensate Dive Rescue International for any non-refundable preparation, shipping, or travel expenses. I have carefully read this statement and understand and accept my obligations as the host. Justin Fox President Dive Rescue International April 13, 2022 Crate A cy Authorize R resentative oulpryw Alle-0 Print Name Print Title 4�\P� Date Page 75 of 254 Agenda Item #4. *eos HOST SITE INFORMATION FORM Complete this form and return to Dive Rescue International,. Fax: (970) 482-0893 or Erna& Kris@divere5r-ueintl.com Course title: Swiftwater Rescue One and Two Cute: June 22-24 & 27-29, 2022 Please provide all information as you want It to appear on the Prograrn Flyer. Host Agency NameLVE5T stUr _ Course Location (City/State or Province):-M ST Shipping Address: 3S"7 * _ LC�S. L Billing Contact Name: P TY() Billing Contact Phone Number:^SG [ S 7,L 5 8 3 7 g`rlling Contact F-mail Address: 3t� 0 cTe4 UE S7A. Billing AddressQ U9 2� f L LcKation of the First Day of Course: Building/Department: Tc- quMS'A E - 0 • C . street: 3 4 "? '-E;Q U+c. _-M Uty/State/Zip: TOZOG SIA F L 33` 4 Class begins at (time): 8:00AM Contact Person CPlease List Two): Dame t: -f6 LN A ILv3 Work Phone: l6 c,S6 Cell Phone: 51?�- 51� V? Email Address: JKCS t'J � Fc. 3 Y'( kame z: C RrLS5 CmNcc Work Phone: 57( f -76 c5- 056 C Cell Phone: $48 • 5S 4 0311150 Email Address: CC{-{ NC.V- La TC-QUC-SiA WL6, Lodging Recommendations: Name: ..,4Ll[ Hotel Phone: Jam(* r 5 - 7,20 Rates good through (date): Airport Destination for Instructos Q _ Address: � F1S erpi4,4'3 LOa&l jYp14t�• 3317- Group Room Rates (if applicable]: Group Hate Listed Under: Drive time to airport: 5- J I r+1 d j Other Public Safety Departments [within 100 mile radius♦ who may be interested in attending: # Agency Name: Ft. La jeoArle- F1rL cSCUV— Address: l(e-*4 Coo' .C4'epl Contact Name Cif known]: Phone/Finalk Other Public Safety Departments (within 104 mile radius) who may be interested in attending: Agericy Name: �. G f i� _ Sc 4l Address: Alr4a r4% Contact Name (if known): Phone/Emait- Other Public Safety Departments (within 100 mile radiusl who may be interested In attending: Age ricy blame: --0C ` - f O �d C-CL Address: fk4 q coj4 RG -e Contact Name (if known)Phone/Email. Page 76 of 254 Agenda Item #4. #' 0 '4 Og RE III ,ijU Swiftwater Rescue 1 Program Information Guide OBJECTIVE Whether your community's river is wide and smooth -flowing or narrow and rapid -packed, the principles of rescue are virtually identical. Swiftwater rescue operations are inherently dangerous and with the complications of fast current, low -head dams, and/or hidden debris they can Became deadly. Prepare for these special hazards by ;earning how to organize and manage safe swiftwater rescue operations. Participants in this prograrn should be prepared for multiple in -water scenarios. CERTIFICAPON Swiftwater Rescue RECOMMENDER FOR Dive teams, water rescue teams, service personnel. DURATION 8 Daysl24 Hours law enforcement officers and fire CLASS SIZE The optimal number of students is 20 (15 paid/5 free to hosting agency). A minimurn of 12 students is recommended for quality. PREREQUISITES All students must be a member of a public safety agency and at least 18 years of age. This program is designed for personnel who are physically fit. Participants are encouraged to participate after successfully completing the IADRS' aterrnanship Test or testing to a fitness level of 13 MET ( 1etaLalic Equivalents) or greater. Participants with aerobic fitness questions or concerns should consult their physician prier to in - water training. Participants who have poor aerobic fitness may attend this program as surface support personnel with the approval of the instructor. TUITION $400.00 (US Funds) per student Topic • Hydrology/Dynamics of Moving Water • Preplanning Swiftwater Operations Site Survey • Hazard Identification • ;Personal Protective Equipment • Rope Tactics • Knots • Survival Float & Swirn Techniques • Mechanical Rigging Systems • Locating Hidden Obstructions • Use of Inflatable So.nts • Low -head Dams • Swiftwater Search Techniques Schedule DAY 1 &00-8:30 Registration 8:30-12:00 Classroom 12:00-1:00 Lunch 1;00-5m Field exercises DAY Z 8,00-12,00 Field Exercises 12:00-1:00 Lunch 1:00-5:00 Field exam! LAY 3 8:00-2:00 Field exercises 2;00-3:00 Lunch 0:00-5;00 Review, final exam, and closing Dive Rescue International (800) 248.3483 DiveR u r 54 Agenda Item #4. MANDATORY HOST EQUIPMENT -(Please initial Each Item) 1 inflatable Moat (12-17 ft.) 01E E �1 oxygen .and First Aid kit CLASSROOM EQUIPMENT (Please Initial Each Item) �.� The classroom should be large enough for the class being hosted. The - o m should be well lit and have adequate air-conditioning/heat. The classroom should have the ability to be darkened with blinds, curtains, or other material to allow viewing of projected images_ A table with chairs for each 2-3 students is the preferred option. This allows for adequate room to spread out class material. A table should be set up at the front of the classroom for instructor materials. Dest s are an acceptable option for students if tables are not available. A dry erase board with markers, cleaner, and eraser located at the front of the classroom is ideal. chalkboard with chalk and eraser is an acceptable option. A powerpoint projector should be attached to a computer that is capable of projecting from a. USB rive or a C;D/DVD. A large projection screen for should be placed in the front of the clan room. A white classroom all can be an excellent substitute for a projection screen. If using a classroom wall choose an area approximately 5-6' wide and 4-5' in height. television and DVID player with appropriate connecting cord should be available. Large classes ver 30 students) will require a video projector or multiple televisions. If using multiple televisions, an adequate numberllengths of connecting cables and a video splitter will be required. Elevated stands forthe television (s) should be available. An extension cord should be provided for the television. The television and DVID should be tested prier to the instructor's arrival and placed in the front of the classroom. OPEN -WATER SELECTION Class II -III white water without strainers or other surface obstructions is recommended. The river bottom should be clear of obstructions. A stretch of river approximately 200-300 yards long without dawn river hazards is needed. A water depth of 5 feet at mid -river is desirable. The river should be between 75- 200 feet wide. Large diarr7eter trees (12-20") are needed on both sides of the river within 20-30 feet of the river's edge. These; trees are used as anchors for high -line systems. If no trees are available, other structures such as steel structural supports, bridge abutments or other solid anchors may be suitable. If no such natural or man-made anchors exist, access for vehicles to park on at least one side of the river will be needed. The shoreline on both sides should not be overgrown with brush. This will allow access to the water by back-up safety personnel and for boat launching. See the Swiftwater Rescue Site Profile for more detailed inftrunation. ADDITIONAL CONSIDERATIONS Essential Considerations • Instructor transpanation to and from the airport and during his/hoer stay * Facilities to clean, dry and store equipment Recommended Considerations • Refreshments - i.e. coffee, juice, donuts or muffins during class and practical sessions • Lunch at open -water site Dive Rescue international (800) 248-3483 Di l c cu 54 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR, transfers all public records to the Village upon completion of the Agreement, the COINITRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. ,F CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATiON OF CHAPTER 119, FLORIDA STATUTES, 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 I �i �attasf to uesta a�g, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article X1I 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 generai 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. f I r i I i Page 79 of 254 Agenda Item #4. "'The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring; that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2002) ("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 80 of 254 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager From: Doug Chambers, Public Works Director Date: March 23, 2022 Subject: Professional Engineering Services Mid -Block Crosswalk 561-768-0700 www.tequesta.org The design of the new Community Center includes a pedestrian walkway that runs from the facilities entry doors to the sidewalk and to Seabrook Road. In the best interest of safety for pedestrians and drivers, the Public Works Department will purchase and install a Mid -Block Solar Powered Crosswalk Station. The crosswalk station will include Flashing Lights and Street Signage. The Crosswalk on the east side of Seabrook Road will require modifications to the curb and median in order to transition from the crosswalk to the sidewalk. Wynn and Sons Construction will complete the concrete work to meet current ADA requirements for the transition from the crosswalk to the sidewalk. Kimley Horn and Associates will provide Professional Engineering Services that include 2- site visits and a letter of acceptance when the project is completed. The cost for Professional Engineering Services is $1,651.00. Funding for these services is budgeted and available in account 001-210-531-302. Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 81 of 254 Agenda Item #4. VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION COMMUNITY CENTER / SEABROOK CROSSWALK 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 September 10, 2020 ("Agreement"). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. PROJECT UNDERSTANDING The Village is requesting to install a midblock crosswalk at the Tequesta Community Center, crossing Seabrook Road. Curb ramps and flashing beacons will also be required. The Village is also requesting site visits and a letter of certification upon completion. SCOPE Kimley-Horn will perform the following services: 1. Two site visits before and/or after construction. 2. Preparation of a Letter of Acceptance 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. 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. • Access to the roadways • Village notifications to residents if needed • Record drawing information if available • Any Village permit fee shall be waived or paid for by the Village SCHEDULE For this Scope, Kimley-Horn will complete the work set forth herein as requested by the Village, after receipt of an executed Work Authorization and Purchase Order, exclusive of delays beyond the control of the Consultant. 1 Page 82 of 254 Agenda Item #4. COMPENSATION Kimley-Horn will perform the services described in the Scope of Services (Items 1 and 2 above) on a lump sum basis for the amount of One -Thousand and Six Hundred and Fifty -One Dollars ($1,651.00). Accepted by: Village of Tequesta Jeremy Allen Digitally signed by Jeremy Allen Y Date: 202202.1712U2:36-05'00' Jeremy Allen, Village Manager Date: Kimley-Horn and Associates, Inc. (J,,- w k2��_ Christopher W. Heggen, Vice President Date: 2/14/2022 Page 83 of 254 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams0teguesta.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 254 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 85 of 254 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 To: Jeremy Allen, Village Manager of Tequesta vy'A 0! 18 ,t�I� S s Dal From: Doug Chambers, Public Works Director Date: April 21, 2022 561-768-0700 www.tequesta.org Subject: Engineering Services Tequesta Bridge 5- Year Capital Improvement Plan The following agenda item is for Professional Engineering Services related to the Tequesta Bridge Five (5) Year Capital Improvement Plan. Kimley Horn and Associates Incorporated will create a 5-Year Capital Improvement Plan to address the deficiencies and recommendations identified in the Federal Department of Traffic (FDOT) Local Government Bridge Inspection report. Additionally, the report will include the engineer's opinion of probable costs to pressure clean and paint the entire structure and coat the structural steel elements. The cost for these services are $6,100 and budgeted in account 001-210-531.302. Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 86 of 254 Agenda Item #4. VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION TEQUESTA DRIVE BRIDGE 5 YEAR CAPITAL IMPROVEMENT PLAN 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-Hom and Associates, Inc. ("Kimley-Hom" 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 bridge located along Tequesta Drive approximately'/4 mile west of N. Dixie Highway, was inspected by Transystems Corporation for FDOT in November of 2020. A Bridge Inspection Report was provided by Transystems Corp. which noted some deficiencies. A follow up inspection was performed by Kimley-Hom on September 2, 2021 to further assess the deficiencies noted in the Bridge Inspection Report. A corresponding report was issued by Kimley-Horn on September 21, 2021, which outlined repair recommendations. It is our that the Client would like a 5 Year Capital Improvement Plan (CIP) to address the deficiencies noted in these reports and their costs. SCOPE OF SERVICES Kimley-Horn will perform the following services: Task 1 — Teguesta Bridge 5 Year Capital Improvement Plan, The Consultant will create a 5 Year Capital Improvement Plan (CIP) to address the deficiencies and recommended maintenance of the bridge. The Capital Improvement Plan will address the following items: • Power washing & painting the entire structure • Cleaning and coating structural steel elements • Eradication and prevention of bats from nesting under the bridge • Elevating the bridge navigational lights • Addressing all deficiencies noted in the Inspection Report by Kimley-Hom issued on September 21, 2021. The deliverable for this task will be a spreadsheet listing the established repair items, recommended time frames for these repairs, and their anticipated costs. The CIP will serve as a management tool to budget for the repairs, maintenance, and protection of the bridge structure. The repair and maintenance needs will be prioritized and sequenced to optimize the overall capital expenditure. For each material physical deficiency Kimley-Horn will provide an opinion of probable cost for maintenance/repair. Kimley-Hom has no control over the cost of labor, materials, Page 87 of 254 Agenda Item #4. equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided will be based on the information known to Kimley-Horn at that time and represent only Kimley-Hom's judgment as a design professional. Kimley-Horn cannot and does not guarantee that proposals, bids, or actual construction/repair costs will not vary from its opinions of probable costs 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. 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 six thousand one hundred dollars ($6,100). TEQUESTA DRIVE BRIDGE 5-YEAR CAPITAL IMPROVEMENT PLAN Accepted by: Village of Tequesta Digitatly signed by Jeremy Allen Jeremy Allen Date: 2022.02.0815:46:53-05'00' Jeremy Allen Village Manager Date: 2 Kimley-Horn and Associates, Inc. Michael F. Schwartz, P.E. Sr. Vice President Date: 2/7/2022 Page 88 of 254 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams0teguesta.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 254 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 90 of 254