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HomeMy WebLinkAboutAgreement_General_6/9/2022_MinuteMan PressTEAMING PRINTING SERVICES AGREEMENT THIS TEAMING PRINTING SERVICES AGREEMENT is entered into and effective this /7 day of 2022 (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal core ration with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and ME*4UTEMAN PRESS PRINTING - JUPITER, with offices located at 1601 Commerce Lane, Suite 102, Jupiter, Florida 33458, hereinafter "Minuteman Press Jupiter" and collectively with the Village, the "Parties". WITNESSETH The Village and Minuteman Press Jupiter, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby agree as follows: 1. SCOPE OF SERVICES: Minuteman Press Jupiter agrees to provide priority printing services, where it shall provide printing services to the Village before other non -priority entities, during a "state of emergency declaration," which for the purposes of this Agreement shall mean: (i) a natural, technological or manmade occurrence, or threat thereof, whether in war or in peace, which results or may result in substantial risk of harm to human life and/or substantial damage to or loss of public or private property, including a loss of the Village's ability to use its printing equipment and resources, and (ii) for which the Village has issued a declaration of a state of emergency pursuant to Sec. 26-5, Village Code. Should a "state of emergency declaration" occur and Minuteman Press Jupiter be affected by the same emergency to the extent that it cannot provide high -priority priming services to the Village, Minuteman Press Jupiter hereby agrees to use its best efforts in employing its relationships with other Minuteman franchisees to help provide priority priming services to the Village. Any resource costs related to the provision of priority printing services is determined by the Parties on a case -by -case basis. 2. TERM, TERMINATION; NOTICE: This Agreement shall be for a term of three (3) years commencing on the Effective Bate, and shall renew for additional one (1) year terms upon mutual agreement by the Parties until and unless either party terminates this Agreement. This Agreement may be terminated for any reason by either party upon thirty (30) days written notice to the other party. In the event that this Agreement is terminated, any contracts or subcontracts resulting from efforts under this Agreement shall remain in effect, subject to the terms and conditions therein. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at: ViMage Minuteman Press Jupiter Village of Tequesta Minuteman Press Printing - Jupiter i 345 Tequesta Drive 1601 Commerce Lane, Suite 102 Tequesta, Florida 33469 Jupiter, Florida 33458 Attn: Jeremy Allen, Village Manager Attn: Tim Watson, Vice President 3. INI?EMNIFiCATION: Neither party shall be liable to the other for any of the costs, expenses, risks, liabilities, claims, demands or causes of action arising out of the other party's performance of this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florkia Staiutes. 4. CHOICE OF LAW AND VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue for any dispute in regards to this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ATTEST: MINUTEMAN -PRESS TING - JUPITER By: Tim Watso , Vice President VILLAGE OF TEQUESTA By: J my Allen, Village Manager (SM Lori McWilliams, NfMC, Village Clerk 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 ImcwiIIiams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG ."