HomeMy WebLinkAboutDocumentation_Regular_Tab 06_10/13/2022Agenda Item #6.
Regular Council
STAFF MEMO -D
Meeting: Regular Council -Oct 13 2022
Staff Contact: Jeremy Allen, Village Manager Department: Manager
TITLE
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.
CPSM Business Associate Agreement -Fire Department, $N/A B. First Arriving Digital Dashboard
Proposal -Fire Department, $2,452.00 Annual Subscription C. JMZ Tequesta Properties, Inc. Main
Street Landscape Agreement -Public Works, $N/A D. NCSPIus Business Associate Agreement -Fire
Department, $N/A F. Zoll Monitor Maintenance Agreement -Fire Department, $4,158.00, 10/1 /2022-
9/30/2022
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. CPSM Business Associate Agreement -Fire Department, $N/A
B. First Arriving Digital Dashboard Proposal -Fire Department, $2,452.00 Annual Subscription
C. JMZ Tequesta Properties, Inc. Main Street Landscape Agreement -Public Works, $N/A
D. NCSPIus Business Associate Agreement -Fire Department, $N/A
E. Zoll Monitor Maintenance Agreement -Fire Department, $4,158.00, 10/1 /2022-9/30/2022
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.
PROJECT NAME: NA BUDGET: NA ENCUMBERED: NA
Proposed: Projected Remaining:
NA NA
PROJECTED TOTAL: 5 Items, each with individual costs
This agenda item is respectfully submitted for your review and approval.
CPSM Business Associate Agreement- Fire Dept
First Arriving Digital Dashbord Proposal - Fire Dept
Page 45 of 478
Agenda Item #6.
JMZ Teguesta Properties, Inc. Main Street Landscape greement-Public Works
NCSPlus Business Associate Agreement -Fire Dept
Zoll Monitor Maintenance Agreement - Quote 00035637-Fire Dept
Page 46 of 478
Agenda Item N.
Village af Tequesta
Department of Fire -Rescue Services
357 Tequesta Drive �'°P r�0o
Tequesta, FL 33469 ;; 561-768-0500
*Ok,* www.tequesta.org
r�8 RSSCO
James Trube, Fire Chief
To: Village Mayor and Council Me ers
From: James Trube, Fire Chief
Date: September 22, 2022
Re: Business Associate Agreement , CPSM
Please find the attached Business Associate Agreement for CPSM.
This agreement is regarding Protected Health Information (PHI) under the Health
linsurance Portability and Accountability Act of 1996 (HIPPA). The Business Associate,
CPSM, is a consultant for the Town of Jupiter who is assisting them with the feasibility
study on starting their own Fire Department.
Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III
Council Member Laurie Brandon Council Member Aaron Joh n 47 of 478
Village Manager Jeremy Allen
Agenda Item #6.
CPSMASSOCIATE AGREEMENT
This Business Associate Agreement (the "Agreement") is made by and between the Teoueota
Fire Department (hereinafter referred to as "Covered Entity"\and Center for Public Safety
Management, LLC' (hereinafter referred to as "Business Associate"). Covered Entity and
Business Associate shall collectively be known herein as the "Parties".
A. Covered Entity has abusiness relationship with Business Associate that ia
memorialized |na Contract with the Town ofJupiter, Florida (the "Underlying Agreement").
pursuant to which Business Associate may be considered a "business associate" of Covered
Entity as defined in the Health Insurance Portability and Accountability Act of 1998, including all
pertinent regulations (45 [}FR Parts 180 and 164\, issued by the U.S. Department OfHealth and
Human Services, as either have been amended, from time to time, including Subtitle [} of the
Health Information Technology for Economic and Clinical Health Act (the "H|TE[|H Act"), as Title
X||| of Division A and Title |V of Division B of the American Recovery and Reinvestment Act of
2009 (Pub. L. 111-5), and including any and all Privacy, Security and Notice Rules or
requirements (ooUaotiva}y.^H|PA\)|and
B. The nature ofthe contractual relationship between Covered Entity and Business
Associate may involve the exchange of Protected Health Information ("PHI") as that term is
defined under H\PA\'. and
C. For good and lawful consideration as set forth in the Underlying Agreement,
Covered Entity and Business Associate enter into this agreement for the purpose of ensuring
compliance with the requirements ofH|PA\;and
D. This Agreement supersedes and replaces any and all Business Associate
Agreements the Covered Entity and Business Associate may have entered into prior to the date
honeof'. and
The above premises having been considered and incorporated by reference into the
sections below, and with acknowledgment of the mutual promises and of other good and valuable
consideration herein contained, the Parties, intending to be legally bound, hereby agree to enter
into this Agreement in the manner described in this section and in the sections below:
DEFINITIONS.
A. Individual. "Individual" shall have the oorne meaning as the berm "individual" in 45
CFR §816O.1O3'184.5O1,&184.5O2(o) and shall include operson who qualifies oaepersonal
representative in accordance with 45 CFR §§ 160.103, 164-501 & 164-502(g).
B. Breach. "Breach" shall have the same meaning as the term "breach" in 45 CFR §
Page 48 of 478
Agenda Item #6.
C .... P ... S ... M
Center for Public Safety Mariagernent, ASSOCIATE AGREEMENT
C. Designated Record Set. "Designated Record Set" shall have the same meaning oa
the term "designated record set" in 45 CFR §164.501.
D. ' Notice Rule. "Notice Rule" shall mean the provisions related to"Notification |n
the Case of Breach of Unsecured Protected Health Information "at45CFRPart 18Oand Part
184.subpart O
E. ' Privac . ^P'vacy Ru�" shall mean the Standards for Privacy of Individually
Identifiable Health Information at45 CFR Part 160 and Port 164` Subparts /\ and E (see also
HITECH Act § 13404 and 13405, et seq).
F. Protected Health Information. "Protected Health Information" or "PHI" shall have
the same meaning eathe term it protectedhealth information" in45CFR§§10O.1O3&184.5O1'
limited to the information created or received by Business Associate from or on behalf of Covered
G. Reguired By Law. "Required ByLaw" shall have the same meaning as the term
~required bylaw" in45CFR§§164.1O3 & 164.501.
H. "Secretary" shall mean the Secretary of the U.S. Department of Health
and Human Services or his or her designee.
i Security Rule. "Security Rule" shall mean the provisions na|eied to "Security
Standards for the Protection ofElectronic Protected Health Information ^at45CFRPart 160.
and 184.subparts Aand C.
J. "Unsecured Protected Health
Information ^ or "Unsecured PHI ^ shall mean PHI that is not secured using a technology or
methodology specified by the Secretary in guidance, or as otherwise defined in §13402(h) of the
H!TECHAot.
..l. USE OR DISCLOSURE OF PH BY BUSINESS ASSOCLATE, INCLUDING PRIVACY,
SECURITY, AND NOTICE REQUIREMENTS
A.Except os otherwise limited inthis Agreement, orbyprivilege, protection or
confidentiality under H\PA\ MCMRA' orother applicable |aw. Business Associate may use or
disclose (including permitting acquisition or access to) Protected Health Information to perform
management and administrative funotiona, aoiiviUee, or services for, or on behalf of, Covered
Entity as specified in the Underlying Agreement, provided that such use or disclosure would not
violate H|PA\, including its Primaoy. Security and Notice Rules. Moreover, the Privacy Rule,
Notice Rule, and Security Rule provisions of H\PA\are expressly incorporated by reference into,
and made a part of, this Agreement.
B. Business Associate may use and disclose (including permitting acquisition or
access to) PH|onk/ifsuch use ordisdoaureoonno|iemwith each app|ioab1erequirerneniofH|PA\'
including 45 CFR §1 64.504(e).
Page 49 of 478
Agenda Item #6.
C -- P --- S .- M
Center for Public Safety Manageme, , LLCASSOCIATE AGREEMENT
C. Business Associate is directly responsible for full compliance with the relevant
requirements of the Privacy Rule and Security Rule to the same extent as Covered Entity.
D. Business Associate must not use or disclose (including permitting acquisition or
access to) P H I other than as permitted or required by this Agreement, H I PAA, the M C M RA, or as
Required By Law, and may do so only in a manner consistent with the Privacy Rule and Security
Rule. As part of this, Business Associate must use appropriate safeguards to prevent use or
disclosure of PHI that is not permitted by this Agreement or HIPAA. Furthermore, Business
Associate must take reasonable precautions to protect PHI from loss, misuse, and unauthorized
access, disclosure, alteration, and destruction.
E. Business Associate must implement and comply with administrative, physical, and
technical safeguards in a manner consistent with the Security Rule that reasonably and
appropriately protect the confidentiality, integrity, and availability of the PHI that it creates,
receives, maintains, or transmits on behalf of Covered Entity.
F. Business Associate must immediately notify Covered Entity, in a manner
consistent with the Notice Rule, of any use or disclosure of PHI in violation of this Agreement
(including permitting acquisition or access to PHI).
G. In addition to its obligations in Section III.F., Business Associate must document
and notify Covered Entity of a Breach of Unsecured PHI, regardless of size of the Breach or
potential harm that may be caused as a result of the Breach. Business Associate's notification
to Covered Entity hereunder shall:
1. Be made to Covered Entity without unreasonable delay and in no case later
than 14 calendar days after the discovery of a Breach, except as otherwise provided by
law. For purposes of clarity for this Section III.G.1, Business Associate must notify
Covered Entity of an incident involving the acquisition, access, use or disclosure of PHI in
a manner not permitted under 45 CFR Part E within 14 calendar days after it reasonably
believes PHI has been the subject of a Breach, even if Business Associate has not
conclusively determined within that time that the PHI has actually been the subject of a
Breach as defined by HIPAA;
2. Include the names and addresses of the Individual(s) whose Unsecured
PHI has been, or is reasonably believed to have been, the subject of a Breach. In addition,
Business Associate shall provide any additional information reasonably requested by
Covered Entity for purposes of investigating the Breach;
3. Be in substantially the same form as Exhibit A hereto; and
4. Include a draft letter for the Covered Entity to utilize, in the event Covered
Entity elects, in its sole discretion, to notify the Individual(s) that his or her Unsecured PHI
Page 50 of 478
Agenda Item #6.
C 1- P - 5 .... M .
Center for PUblic Safety Management, LLCASSOCIATE AGREEMENT
has been, or is reasonably believed to have been, the subject of a Breach that includes,
to the extent possible:
a) A brief description of what happened, including the date of the Breach,
if known, and the date of the discovery of the Breach;
b) A description of the types of Unsecured PHI that were involved in the
Breach (such as full name, Social Security number, date of birth, home
address, account number, disability code, or other types of information
that were involved);
c) Any steps the affected Individual(s) should take to protect him or herself
from potential harm resulting from the Breach;
d) A brief description of what the Covered Entity and the Business
Associate are doing to investigate the Breach, to mitigate losses, and
to protect against any further Breach; and
e) Contact procedures for an Individual(s) to ask questions or learn
additional information, which must include a toll -free telephone number
of Business Associate, along with an e-mail address, Web site, or
postal address.
H. In the event of an unauthorized use or disclosure of PHI or a Breach of Unsecured
PHI, Business Associate must mitigate, to the extent practicable, any harmful effects of said
disclosure that are known to it.
I. Business Associate agrees to ensure that any agent, subcontractor, or employee,
to whom it provides PHI received from, or created or received by, Business Associate on behalf
of Covered Entity agrees to the same restrictions and conditions that apply through this
Agreement to Business Associate with respect to such information.
J. To the extent applicable, Business Associate must provide access to Protected
Health Information in a Designated Record Set at reasonable times, at the request of Covered
Entity or, as directed by Covered Entity, to an Individual specified by Covered Entity in order to
meet the requirements under 45 CFR §164.524.
K. To the extent applicable, Business Associate must make any amendment(s) to PHI
in a Designated Record Set that Covered Entity directs or agrees to, pursuant to 45 CFR
§164.526, at the request of Covered Entity or an Individual.
L. Business Associate must, upon request with reasonable notice, provide Covered
Entity access to its premises for a review and demonstration of its internal practices and
procedures for safeguarding PHI.
4
Page 51 of 478
Agenda Item #6.
C1- P --- S ... M Center for Public Safety Management, LLC ASSOCIATE AGREEMENT
M. Business Associate must, upon request and with reasonable notice, furnish to
Covered Entity security and privacy audit results, risk analyses, policies/procedures, details of
previous breaches, and documentation of controls.
N. Business Associate must document such disclosures of PHI and information
related to such disclosures as would be required for a Covered Entity to respond to a request by
an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. §164.528.
Business Associate must also maintain records indicating who has accessed PHI about an
Individual in an electronic designated record set and information related to such access in
accordance with 45 C.F.R. § 164.528. Should an Individual make a request to Covered Entity
for an accounting of disclosures of his or her PHI pursuant to 45 C.F.R. §164.528, Business
Associate must promptly provide Covered Entity with information in a format and manner sufficient
to respond to the Individual's request.
0. Business Associate must, upon request with reasonable notice, provide Covered
Entity with an accounting of uses and disclosures of PHI that was provided to it by Covered Entity.
P. Business Associate must make its internal practices, books, records, and any other
material requested by the Secretary relating to the use, disclosure, and safeguarding of PHI
received from Covered Entity available to the Secretary for the purpose of determining compliance
with the Privacy Rule, Security Rule or Notice Rule. The aforementioned information must be
made available to the Secretary in the manner and place as designated by the Secretary or the
Secretary's duly appointed delegate. Under this Agreement, Business Associate must comply and
cooperate with any request for documents or other information from the Secretary directed to
Covered Entity that seeks documents or other information held or controlled by Business
Associate.
Q. Business Associate may use PHI to report violations of law to appropriate Federal
and State authorities, consistent with 42 C.F.R. §164.502(j)(1).
R. Except as otherwise limited in this Agreement, Business Associate may disclose
PHI for the proper management and administration of Business Associate or the Underlying
Agreement, provided that disclosures are Required By Law, or Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that it will remain
confidential and be used or further disclosed only as Required By Law or for the limited purpose
for which it was disclosed to the person, and the person must agree to notify Business Associate
of any instance of which it is aware in which the confidentiality of the information has been
breached.
S. Upon request of the Covered Entity, Business Associate must provide the
Covered Entity with access to the Business Associate's written security policies and procedures
required by HIPAA.
T. Business Associate must, and is expected to, directly and independently fulfill all
breach notification requirements under HIPAA. In the event of a breach under HIPAA, by
Business Associate, the Covered Entity reserves the right, but is in no way obligated under this
Agreement, to fulfill the breach notification requirements in lieu of Business Associate.
Page 52 of 478
Agenda Item #6.
C.
Centntfor
Center for Public Safety Management,
LLCASSOCIATE AGREEMENT
U. Business Associate acknowledges that in receiving, storing, processing or
otherwise dealing with any PHI, it is fully bound by 42 C.F.R. Part 2. Business Associate will
resist in judicial proceedings or any efforts to obtain PHI except as provided in 42 C.F.R. Part 2.
Iv. TERM AND TERMINATION.
A. Term. The Term of this Agreement shall be effective as of the effective date of the
Underlying Agreement, and shall terminate when all of the Protected Health Information provided
by covered Entity to Business Associate, or created or received by Business Associate on behalf
of covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or
destroy Protected Health Information, protections are extended to such information, in
accordance with the termination provisions in this Article IV.
B. Termination for Cause. Upon covered Entity's knowledge of a material breach of
this Agreement by Business Associate, covered Entity shall:
1. Provide an opportunity for Business Associate to cure the breach or end
the violation and, if Business Associate does not cure the breach or end the violation within
the time specified by Covered Entity, have the right to terminate this Agreement and to
terminate the Underlying Agreement and shall report the violation to the Secretary;
2. Have the right to immediately terminate this Agreement and the Underlying
Agreement if Business Associate has breached a material term of this Agreement and
cure is not possible, and shall report the violation to the secretary; or
3. If neither termination nor cure is feasible, report the violation to the
Secretary.
4. This Article IV, Term and Termination, Paragraph B, is in addition to the
provisions set forth in Paragraph 27, Termination for Default of the General conditions of
Contract Between Town and contractor, attached to the Underlying Agreement in which
"Business Associate" is "Contractor" and "covered Entity" is "Town" for purposes of this
Agreement.;
C. Effect of Termination.
1. Except as provided in this paragraph C, subparagraph 2, upon termination
or cancellation of this Agreement, for any reason, Business Associate must return or
destroy all Protected Health Information received from covered Entity or created or
received by Business Associate on behalf of Covered Entity. This provision applies to
Protected Health Information that is in the possession of a subcontractors), employee(s),
or agent(s) of Business Associate. Business Associate must not retain any copies of the
Protected Health Information.
Page 53 of 478
Agenda Item #6.
C ---- P --- S .... M
Center for Public Safety Management, ASSOCIATE AGREEMENT
2.IfBusiness Associate determines that returning or destroying the
Protected Hae0l Information is infeasible, Business Associate must provide to Covered
Entity written notification of the nature of the PHI and the conditions that make return or
destruction infeasible. After written notification that return ordestruction ofProtected
Health Information is infeasible, Business Associate must extend the protections of this
Agreement to such Protected Health Information and limit further uamo and disclosures of
such Protected Health Information to those purposes that make the return or destruction
infeasible, for so long as Business Associate maintains such Protected Health Information.
Notwithstanding the foregoing' to the extent that it is not feasible to return or destroy such
PH|, the terms and provisions of this Agreement shall survive termination of this
Agreement with regard Losuch PHI.
3. Should Business Associate make onintentional orgrossly negligent
Breach ofPHI inviolation of this Agreement, the Underlying Agreement, orH|PAA,oran
intentional orgrossly negligent disclosure ofinformation, Covered Entity has the right to
immediately terminate any contract then in force between the Parties, including the
Underlying Agreement.
V. CONSIDERATION. Business Associate recognizes that the promises hhas made iDthis
Agreement shall, henceforth, be reasonably, justifiably and detrimentally relied upon by Covered
Entity inchoosing tocontinue or commence obusiness relationship with Business Associate.
V[ REMEDIES .N EVENT OF BREACH. Business Associate hereby recognizes that
irreparable harm will result to Covered Entity, and to the business of Covered Entity, in the event
of breach by Business Associate of any of the covenants and assurances contained in this
Agreement. As such, in the event of breach of any of the covenants and assurances contained
in this AorGen1eDt, Covered Entity shall be entitled to enjoin and n3stnGiD Business Associate from
any continued violation of this Agreement. Furthermore, in the event of breach of this Agreement
by Business Associate, Covered Entity is entitled to reimbursement and indemnification from
Business Associate for Covered Entity's reasonable attorneys'fees and expenses and costs that
were reasonably incurred 88 a proximate result of Business Associate's breach. The remedies
contained in this /\dide V\ shall be in addition to (and not supersede) any action for damages
and/or any other remedy Covered Entity may have for breach of any port of this Agreement.
Furthornmona, these provisions are in addition to the provisions set forth in Paragraph 18.
Indemnification, of the General Conditions of Contract Between Town of Jupiter and Contractor,
8tt@chedtUtheUDder\yiDgAg[ee0eDtiDVVhich"BUSiDeSSAs8Ociate"is"CODtr8OtOr'8Dd"[)OVe[ed
Entity" ia^Countv"for purposes ofthis Agreement.
Vi!. MODIFICATION; AMENDMENT. This Agreement may be modified or amended only
through a writing signed by the Parties and, thus, no oral modification or amendment hereof shall
be permitted. The Parties agree totake such action as is necessary to amend this Agreement,
from time to tinna, as is necessary for Covered Entity to comply with the requirements of HiPAA,
including its Privaoy. Security, and Notice Rules.
Vi!U. INTERPRETATION OF THIS AGREEMENT .N RELATION TO OTHER AGREEMENTS
BETWEEN THE PARTIES. Should there be any conflict between the language of this Agreement
and any other contract entered into between the Parties (either previous or subsequent to the
date of this Agreement), the language and provisions of this Agreement shall control and prevail
7
Page 54 of 478
Agenda Item #6.
�.�_
_.._.C-PS.M.
rsntr for P lic 5fMant�Ps�sent ASSOCIATE AG
unless the Parties specifically refer in a subsequent written agreement to this Agreement, by its
title, date, and substance and specifically state that the provisions of the later written agreement
shall control over this Agreement. In any event, any agreement between the Parties, including
Hance with HIPAA
this Agreement, must be in full compliance ,and any provision in an agreement that
fails to comply with HIPAA will be deemed separable from the document, unenforceable, and of
no effect.
IX. COMPLIANCE WITH STATE LAW. The Business Associate acknowledges that by
accepting the PHI from Covered- Entity, it becomes a holder of medical records information under
the law. If the- HIPAA Privacy and Notice or Security Rules conflict regarding the degree of
protection provided for protected health information g
. p ,Busyness Associate shall comply with the
more restrictive protection requirement.
X. MISCELLANEOUS.
A, Ambiguity,.Any ambiguity in this Agreement shall be resolved to permit Covered
Entity to comply with HIPAA.
B. Reg�ulato,,, ,.,.,.References. A reference in this Agreement to a section in HIPAA
means the section in .effect, .or as amended.
. Notice to Covered Entit . Any notice required under this Agreement to be given
Covered Entity shall be- made in writing to:
Address: Village of Taquesta Fire Rescue
-` uesta Drive Te uesta FL 3
3469
. q
q
r'
c4i R
HIRh�ne i =/K�}'jjE M
�I f 768 3 ��o
Attention: Zachary Wichert, H I PAA Compliance Officer
Notice to Business Associate. Any notice required under this Agreement to be given Business
Associate shall be made in �rriting to:
Address; Center for Public Safety Management, LLC
475 K Street NW, Suite 702
Washington, QC 20001
Attention: Thomas Wieczorek
Phone: 616-813-3782
D. Incorporation of Future Amendments, other requirements applicable to Business
Associates under HIPAA. are incorporated by reference into this Agreement.
E. Penalties for HIPAA Violation. In addition to that stated in this Agreement,
Business Associate may be subject to civil and criminal penalties noted under HIPAA, including
the same HIPAA civil and criminal penalties applicable to a Covered Entity.
0
Page 55 of 478
Agenda Item #6.
cCenter sfOT Public Saf�,WM . a nage . me n t,iLC ASSOCIATE AGREEMENT
SIGNATURE PAGE FOLLOWS
Page 56 of 478
Agenda Item #6.
CPSM
Center for Public Safety Management, LLC ASSOCIATE AGREEMENT
IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing,
the Parties affix their signatures hereto.
Center for Public Safety Management, LLC
By:
Name: Thomas J. Wieczorek
Title: Director
Date:
09/12/2022
Village of Tequesta Fire Department
By 6"
Titl--:-'James B. Trube
Date y/! S%2U :�.�,
By
Anningior Tit illage Manager
Date 1) -is) '-Aek
Approved as to form and legally by the
U
Page 57 of 478
Agenda Item #6.
cpsm------------ .- - Center for-Pu.blic-Safety.M.a.nagernen-t,-LLC ASSOCIATE AGREEMENT
V3CHIRIT A
FORM OF NOTIFICATION TO COVERED ENTITY OF
BREACH OF UNSECURED PHI
Page 58 of 478
Agenda Item #6.
NOTIFICATION TO SEQUESTA FIRE DEPARTMENT
ABOUT A
BREACH OF UNSECURED PROTECTED HEALTH INFORMATION
This notification is made pursuant to Section III.G of the Business Associate Agreement between:
• COVERED ENTITY, (the "Town of Jupiter") and
■ Center for Public Safety Management, LLC (Business Associate)
Business Associate hereby notifies the County that there has been a breach of unsecured (unencrypted) protected health
information (PHI) that Business Associate has used or has had access to under the terms of the Business Associate
Agreement.
Description of the breach:
Date of the breach: Date of discovery of the breach:
Does the breach involve 500 or more individuals? Yes/No If yes, do the people live in multiple states? Yes/No
Number of individuals affected by the breach:
Names and addresses of individuals affected by the breach:
The types of unsecured PHI that were involved in the breach (such as full name, Social Security number, date of birth, home
address, account number, or disability code):
Description of what Business Associate is doing to investigate the breach, to mitigate losses, and to protect against any
further breaches:
Contact information to ask questions or learn additional information:
Name: Dr. Dov Chelst
Title: Director. Quantitative Analvsis
Address: 475 K Street NW, Suite 702, Washington, DC 20001
Email Address: dchelst c�,cpsm.us
Phone Number: 732-236-4960
Page 59 of 478
Agenda Item #6.
PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records,. CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.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 60 of 478
Agenda Item #6.
"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 UWAI"), available at
www.w3.org/TR/WCAG/."
Page 61 of 478
Agenda Item N.
Village of Teq uesta
Department of Fire -Rescue Services
357 Tequesta Drive
Tequesta, FL 33469 561-768-0500
* �� * www.tequesta.org
rig R Ila S
GQ
James Trube, Fire Chief
To: Village Manager
From, James Trube, Fire Chief
Date, September 26, 2022
Re, First Arriving Digital Dashboard Proposal
The First Arriving Digital Dashboard will give us the capability to improve
intradepartmental communications between shifts and administration. The display board
shows staffing, in service vehicles and equipment, weather radar, active 9111
emergency incident routing, hydrant information, training and important messages.
Attached is the invoice and subscription from First Arriving for our Status Boards to go
live. This was budgeted for in the coming budget (Oct 1, 2022). Once signed we can
move ahead with getting on the installation scheduled after Oct. 1st. The total cost is
$2452.30 for the first year, which includes the setup, dashboard hardware and the
annual subscription, payable lump sum. The subscription renews every 12 months with
a 3% increase each year (currently). Thank You.
Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III
Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Aaron Joh Pdcj� 62 of 478
(;,� First Arriving
Digital Dashboard
Proposal
Prepared for: Created by:
Village of Tequesta (FL) Fire Dept. Carolyn Pelletier
Feb 15, 2022
Agenda Item N.
Every First
Arriving Dashboard Includes...
De
ployment
U
Rapid ~~�U�.oyment
^ Get upinrunning quick with our core features
plus scheduled development ofyour
integrations and requirements.
Best In -Class Backend&Security
^ AVVBGuvC|oud+znweredapplications, secure
data and backups.
Standard Weather Features
^ Radar) Current Conditions, 3'DayForecast &
Severe Weather Alerts.
Zoned Delivery
^ Easily segment and manage content,
features & integrations bylocation, station)
battalion, division vvorkoite and more.
Support & Training
~ Email, ticket, chat, and phone support,
documentation and system status updates,
regular customer newsletters and vvebinara.
Custom Alert Tones
^ Add your own alert tone! Plus custom tones
byunit orcall type (coming late 2O2l)for
Standard & Enterprise subscriptions.
Fl*rst
Arriving
w "
Display Options
� . '_° -�_--
~ Dedicated Large Screen TVs
Locked -in Kiosk mode with dedicated
hardware for always ondisplay, typically
43'55^TVs/Diop|aya. Hardware sold
separately, including Chnonnebox'Android
and Windows devices.
~ Windows, Mac & Wad Appa
Great for offices, onthe go, home office
and second screen options for non -
dedicated environrnento
^More informationotk�nn
Even More Features
^ Slides, PDFa&images
~ Menu &touohacreen-easily access content
^ Adfree - all your content, noads
~ RS8feeda' social media
^ Embed HTML/web pages
^ Traffic cams
^ Custom logo Qcolor scheme
^ Calendars, news, ticker Qannouncements
0 Messaging &videos
Page 64 of 478
Agenda Item #6.
Every Basic Subscription Package Includes...
^ Up\o2facility customizations (more available with one time fee)
~ Integrations with Ao\iveg71^Bryx i3pyFine,Locution &Nextgen.
^ 1 preferred integration including A/adteo,Emergency Reporting,
CnawSenae,Target Solutions, Halligan, Target Solutions, PSTr x
ornetDutyScheduling (excluding any third -party feea).
~ Mapping with routing maps, traffic, zoomed in hydrants and map
points, time and distance
^ Portal access \osend scheduled & real-time messages and share
videos plus view the status ofyour Dashboards otall locations
^ Discounts atlO+Dashboards
STANDARD Subscription
Package Includes...
^All BASIC Features PLUS
^ Up to 5 Facility Customizations included
(more available with one time fee)
~ Additional Dispatch Feeds including
CAD feeds, XMLAPI, email, text parsers
for alerting & notifications. VVecan use
just about anything - additional API fee
may apply for new integrations
^ Up to 5 third -party data and technology
integrations included (excluding any
third'partyfeeo)
~ Share content between agencies
~ Expanded features and early access to
new features
^ Add -On option for enhanced weather
features including lightning strikes,
storm path and vvi|d|andupdates
^ Zoom Meetings Easily jump into Zoom
meetings from your Dashboard,
including connected cameras and audio
^ Expanded Mapping Options including
ESR|'Mapboxand other G|3solutions
~ Discounts at3+Dashboards
FI"rst Arriving
w "
Enterprise Upgrade Options
^ BASIC & STANDARD Features
AllPLUS
~ Dedicated client success manager
^ Priority support including same
business day response before 3pETfor
non -emergent issues
~ Real-time unit status updates (requires
data push from agency)
^ Early access tonew beta features and
integration options
^ One Complimentary desktop/tablet
subscription for every 1Odashboards
~ Upto1Othird-party integrations
included (excluding any third -party fees)
^ Enhanced alerting & CAD options
including advanced CAD integrations,
real-time status updates and more
^ Fully customized solution with unique
development, layouts, and data
resources
^ Adminview ofall content across all live
Dashboards
^ Enhanced zoned delivery
^ Custom FAOafor content users
^ Volume discounts onsubscriptions and
hardware
Ask your sales team member about the benefits of upgrading to Enterprise. You may upgrade at
Page 65 of 478
Agenda Item #6.
Carolyn Pelletier
COMPANY INFORMATION
First Arriving
Proposal Date Valid For
Feb 15, 2022
365 Days
Account Village of Tequesta (FL) Fire Dept.
Billing
Judy Jones
345 Tequesta Drive
Contact
Tequesta, Florida 33469
(if different)
Office Manager
Contact Kris Wilhelm
Billing
FF/PM
Address
Tequesta Fire Rescue
357 Tequesta Drive
(if different)
Tequesta Florida
Florida
Phone- (561) 719-7642
Billing Email.-
jjones@tequesta.org
Email- kwilhelm@tequesta.org
Billing Phone-
561-768-0550
:)duct/Service Price Qty
Dashboard STANDARD Setup
$995.00 1
Agency selLIP (one-time) for Standard Subscription,
including first five facility CUstomizations
Dashboard Hardware
$299.00 2
Chromebox, Android or similar device, pre. -loaded
With First Arriving app, including shipping, HDMI
cord ad one. -year warranty
Dashboard STANDARD Subscription (1 +)
$479.40 2
Subscription license & suppoi t, I + dashboard
M9.95/rfnonth, billed annually)
Dashboard Courtesy Discount
-$99.50 1
-10% Active 91 -1
Total
COST AFTER FIRST YEAR FOR 2 LICENSES: $958.00
This total includes any existing and new licenses
33469
$995.00
$598.00
-$99.50
$2?45Z.3D
Page 66 of 478
Agenda Item #6.
Customer Signature
Signed Date
Signatory Name
Title
First Arriving
Di,jlally signed by Jeremy Allen
Jeremy AllenDate: 2022.09.30 1 S.-49:36 -04'00'
9/30/22
-Jeremy Allen
Village Manager,
First Arriving Honored Among
Top Companies Making A
Difference In State And Local
Government
First Arriving, a leader in technology for
public safety and local government, has
been named by Government Technology as
a one of the top LOO compa
nies in GovTech
for 2022.
This designation reinforces our
commitment to our clients and the
communities they serve and to providing
the most innovative solutions to America's
public safety leaders.
Page 67 of 478
Agenda Item #6.
First Arriving
PAYMENT &SUBSCRIPTION
Payment
Net 21. Hardware must be prepaid prior to shipping without Purchase Order or specific
arrangements in advance. If you need custom payment terms, email billing@firstarriving.com.
License Agreement - Dashboards
Customer is licensed to use the contracted number of Dashboard subscription licenses during
the term of the agreement and subsequent renewal periods. One license required per display,
Term & Subscription Discount Options
We offer several options for the term of your agreement including discounts for multi -year
subscriptions and prepayment for same. If you are interested in a multi ear agreement, please
contact your sales/business development representative for a revised quote.
Standard Agreement & Renewal
Your subscription will renew annually to be due on the anniversary date of your activation.
Multi -Year Agreement Option
Lock in your license pricing for 2-4 years with a multi -year agreement, save 2.5% annually
Multi -Year Agreement with Prepay Savings
Prepay on a 2, 3 or 4-year Subscription and save.
• Save 5% on a 2-Year Subscription w/Prepay
• Save 7.5% on a 3-Year Subscription w/Prepay
Save 10% on a 4-Year Subscription w/Prepay
Page 68 of 478
Agenda Item #6.
First Arriving
Renewal
Dashboard licenses automatically renew for successive twelve (12) month terms unless
canceled in writing by Client at least 30 days prior to the end of Term renewal date. Prices
quoted shall be a firm fixed price for one (1) year. Prices will escalate by 3% per year starting
at renewal date, and only one price escalation shall be allowed within a twelve (12) month
period.
Cancellation & Refunds
You may cancel your subscription at any time. The cancellation becomes effective once the
prepaid term is up and the account is due for renewal. You may qualify for a refund if the
cancellation was due to a documented service issue that could not be resolved within 30
business days from initial notification to First Arriving Dashboard Support via email, phone or
support ticket, excluding issues resulting from third art integration partners. Please contact
us at billing@Lirstarriving.com with any questions.
Download our W9 at htt --s://firedel)!.IinkZfirstam'vingw9
Subscription Term & Details
Your Dashboard subscription period will start on the date your license is activated and
accessible to you. Pro -rated licenses will renew on the anniversary date of your initial activation.
Your Dashboard subscription includes all existing and new featu res/i nteg rations in the First
Arriving digital signage platform based on your license level, excluding any third party provider
fees and any agreed upon custom development for unique integrations or features specific to
your organization. These are always discussed and pre -approved prior to implementation.
Your subscription also includes access to our support center and support team, with email,
phone and web -based ticket support. New feature requests outside of normal support or
existing featu res/i nteg rations are reviewed on a case -by -case basis.
For additional Terms & Conditions, please visit bttps:ZZwww.firstarrivin,g.com/terms-and-conditions/
Billing & Contact Information
First Arriving, LLC
9555 Kings Charter Drive, Suite K
Ashland, Virginia 23005
(240) 667-7755
Billing Email: billing@iirstarriving.com
Dashboard Email: dashboards@firstarriving.com
Page 69 of 478
Agenda Item #6.
Support Center & FAQs. https: suppOrt.firstarriving. m
First Arriving
Page 70 of 478
Agenda Item #6.
First Arriving
WHAT'S NEXT
Once we receive your signed agreement, we will provide you an invoice and schedule an
implementation call. Your subscription will not start until setup is complete and your Dashboard
activated. Our average time from contract to launch is 2-6 weeks, depending on the complexity
of your setup and integrations. Launch time for multi -agency and enterprise level accounts (10+
dashboards) may vary depending on the scope of your project.
THIRD PARTY SERVICES
Your subscription cost does not include any integration (typically referred to as "API 11 or "Data
Access") fees by third -party software providers. Please check with your third party vendor to see
if any may apply to the integrations specific to your organization. Most integration partners do
not charge any or significant additional fees, but your determination will be based on your
agreement/plan with them.
MAPPING OPTIONS
First Arriving utilizes ESR1 for base mapping (ESRI.com) which specializes in public safety
mapping. You may use your own ESRI account, if applicable, for additional layers and features
specific to your agency. We also support Mapbox, Here.com and other mapping and GIS
platforms. Google StreetView Is also an option, which requires a separate Google Maps
account, which includes a $2oo/month credit towards Google Mapping fees and covers most
use cases.
Mapping & Alerting Note
First Arriving's Dashboards provide excellent supplemental information for your incident
notifications, including general routing and street view provided by third parties, such as ESRI,
Mapbox and others. These features rely on a reliable internet connection and updated
information from your third party services such ashydrant and other marked locations. These
services are provided for you with our Dashboards but you should always rely on your primary
dispatch, known best route to incident and other available primary information for the response
location. Like any third party app or service, the information displayed on your Dashboards does
not replace your primary incident alerting notification resource(s) such as your dispatch
center's system.
Page 71 of 478
Agenda Item #6.
First Arriving
WHAT WE NEED FROM YOU
During your Implementation process, as well as for ongoing support requests, First Arriving may
request "API Keys", sample data files, access permissions and other requirements for setting up
your Dashboards and connecting them to third party services. If you are sharing any information
with other agencies' dashboards, you need to sign a form to grant access.
CUSTOMER SUCCESS STORIES
"First Arriving's Digital Dashboards give our department the ability to take
critical data and push that information out to those that need it most.
Taking data and making it actionable improves system performance and
unit utilization, thus allowing our department to better meet our
community's needs.
- Deputy Fire Chief Brian Frankel, Prince George's County (MD)
Fire/EMS Department
"The fusion of First Arriving Dashboard technology with our internal leadership has created a means of
delivering daily mission -critical information department wide. This has enhanced our situational awareness and
strengthened our overall delivery of emergency and non -emergency services to the Colerain community.
- Fire Chief Frank Cook, MPA, CFO, EFO, Fire Chief, Colerain Township (OH) Department of Fire and EMS
Browse More Customer Success Stories Features & Intearation List
Page 72 of 478
Agenda Item #6.
100+INTEGRATIONS &FEATURES
Hundreds of Layout, Data & Display Options
1411ft1h.,
FIC11
First Arriving
First Arriving Dashboards integrate with a growing list of leading
public safety, local government and business focused technologies
and platforms, giving you many options to tailor your dashboards
what matters most to your agency, business or department.
Don't see your technology partner, service or feature listed?
Just ask us and we'll look at adding it or creating a custom
content management platform for you.
BROWSE ALL INTEGRATIONS & FEATURE OPTIONS HERE
MORE FIRST ARRIVING CAN DO FOR YOU
Did you know First Arriving
provides more technology
and marketing services for
public safety agencies,
businesses and non -profits?
0 Custom Websites
Marketing Agency Services
• Branding & Design
• Video Production
Advertising Management
Fire/EMS & Public Safety Recruitment & Retention
• Social Media Management & Marketing
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APt
Crew.Sefne
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Ask your business development/sales representative, visit FirstArrivingmom. email
getstarted@ffirstarriving or call 240-667-7755 to learn more today.
Page 73 of 478
Agenda Item #6.
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 CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 758-0440, OR AT
I.Mcw,llliams@l_equesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
334690
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 74 of 478
Agenda Item #6.
"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 11 of the American with Disabilities Act of 1990 ("'ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall 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 CWK"), Web Accessibility Initiative C'WAI"), available at
www.w3.orgZTR/WC ."
Page 75 of 478
Agenda Item #6.
E-Verify Affidavit
Bid/Proposal Number:
Project Description:
In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility of:
I. All persons employed by the Contractor to perform employment duties within Florida during
the term of the contract; and
2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perfiaiin work
pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S.
Department of Homeland Security's E-Verify System during the term of the contract is a
condition of the contract with the Village of Tequesta.
Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and
provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a
printed copy of the completed E-Verify Company Profile page, obtained from httt)s://www.e-
verif y.gov.
Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that
the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized
Alien, as that term is defined in Section 448-095(1)(k), F.S. Contractor further agrees to maintain a
copy of any such affidavit from a subcontractor/subconsultant for, at a minimum., the duration of the
subcontract and any extension thereof.
By affixing your signature below, You hereby affirm that you will comply with all E-Verify
requirements.
First Arriving 10, Inc.
Company name
Signature
Dave lannone
Print Name
STATE OF FLORIDA
PALM BEACH COUNTY
87-2065774
Federal Employer Identification No.
10/03/2022
Date
CEO
Title
Sworn and subscribed before me by means of 0 physical presence or [:]online notarization on this day
of 3 20-by who is personally known to i-ne or has produced
first mentioned above. as identification and who did/did not take an oath, in the state and county
Notary Public (affix seal)
My Commission Expires:
Page 76 of 478
Agenda Item #6.
Village
345 Tequesta Drive
Tequesta, FL 33469
To: Jeremy Allen, Village Manager
of T
From: Doug Chambers, Public Works Director
Date: September 26, 2022
561-768-0700
www.tequesta.org
Subject: JMZ Tequesta Properties, Inc., Main Street Village Inc. Landscape Agreement
This Agenda item is a Lawn and Landscape Maintenance Agreement between The
Village of Tequesta and both JMZ Tequesta Properties Inc. and Main Street Village Inc.
The Village of Tequesta annually sponsors the Tequesta Friends of Public Safety's Fire -
Rescue Chili Cook -off. The event is held at JMZ Properties Inc./Main Street Village Inc.
at One Main Street.
The Village has agreed to assist the Tequesta Friends of Public Safety by providing at
no cost, a one-time lawn maintenance and landscaping service to the owners of the
property prior to the Chili Cook -off.
This Lawn and Landscape Maintenance Agreement between the Village of Tequesta and
JMZ Tequesta Properties Inc./Main Street Village Inc. memorializes the terms and
conditions of these services.
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 77 of 478
Agenda Item #6.
VILLAGE OF TEQUESTA PUBLIC WORKS DEPARTMENT
ONE-TIME PROVISION OF LAWN AND LANDSCAPE MAINTENANCE AGREEMENT
THIS LAWN AND LANDSCAPE MAINTENANCE AGREEMENT is made and
entered into this 2.b day of September 2022 by and between MAIN STREET
VILLAGE, INC. and JMZ TEQUESTA PROPERTIES, INC., both Florida
corporations with an address of 18903 SE Federal Highway, Tequesta, FL 33469
(together the "Owners"), and the VILLAGE OF TEQUESTA, a Florida municipal
corporation organized and existing under the laws of the State of Florida, with an
address of 345 Tequesta Drive, Tequesta, Florida 33469 (the "Village").
WITH ESSETH
WHEREAS, the Village of Tequesta annually sponsors the Tequesta
Friends of Public Safety's Fire -Rescue Chill Cook -off which has, in recent past
years, been held at the former "Paradise Park" site which was previously leased
for public park purposes by the Village of Tequesta; and
WHEREAS, the 2022 Chili Cook -off will occur at the same location (the
former "Paradise Park") as in recent past years; but the site is now neither owned
by nor leased by the Village of Tequesta, and is no longer used as a public park;
and
WHEREAS, arrangements for the use of the former Paradise Park site for
the 2022 Chili Cook -off have been made between the Owners and the Tequesta.
Friends of Public Safety; and
WHEREAS, the Village has agreed to assist the Tequesta Friends of
Public Safety by providing a one-time lawn maintenance and landscaping service
to the Owners' site prior to the 2022 Chili Cook -off event; and
WHEREAS, the Village and the Owners now desire to memorialize the
terms and conditions of the provision of said lawn and landscaping service.
NOW, THEREFORE, in consideration of the terms, covenants, and
conditions hereinafter specified, as well as other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by
both the Owners and the Village, the parties hereby agree as follows:
Section 1. Acknowledgement of Use for Chili Cook -off Event.
The Owners own the site formerly known as "Paradise Park" in the Village of
Tequesta. Although the site was formerly leased by the Village for public park
use, the lease has expired and the site is no longer used for public, park
purposes. However, the Owners have agreed to allow the Tequesta Friends of
Public Safety to hold its annual Fire -Rescue Chili Cook -off at the former
"Paradise Park" site by separate agreement and understanding between
Page I of 4
Page 78 of 478
Agenda Item #6.
themselves and the Tequesta Friends of Public Safety. The Chili Cook -off event
is scheduled to be held on November 12, 2022.
Section 2. Site.
The site is generally located at 1 Main Street, Tequesta, Florida, is formerly
known as "Paradise Park", and is more specifically described in Exhibit A hereto.
Section 3. one Time Provision of Lawn and Landscaping Service
The Village agrees to perform a one-time lawn maintenance and landscape
maintenance service throughout the site prior to the Chili cook -off event, on or
between the dates of November 7, 2022 and November 11, 2022. The services
to be provided are mowing the grass, edging and trimming grass and weeds,
trimming hedges and trees, and blowing the paved surfaces clean from resulting
lawn maintenance debris. These services shall be performed by the Village's
public works department personnel at no charge to the owners. The owners
hereby agree to allow the Village's public works personnel to access the site to
perform the lawn and landscape maintenance activities between the dates of
November 7, 2022 and November 11, 2022. Access to the site shall include
access to and use of the water spigots located on the site's perimeter corral
fence.
Section 4. indemnification and Hold Harmless.
The Village shall indemnify, save and hold the Grantors, their officers, agents,
and employees harmless from any and all claims, liability, losses, and causes of
action of any nature whatsoever which may arise out of or be in any way related
to the Village's provision of lawn and landscape maintenance at the site as
contemplated by the Agreement.
Nothing contained in this Agreement shall be construed as a waiver of the
Village's sovereign immunity beyond the waiver limits established in Sec. 768.28,
Florida Statutes (2022), including per person and per event limits on liability,
limits on attorney's fees, and prohibitions against punitive damages and pre-
judgment interest. Likewise, nothing contained in this Agreement shall be
construed as the Village's consent to being sued by third parties. This
indemnification provision shall survive the termination of expiration of this
Agreement.
Section S. Notices.
Any notices related to this Agreement shall be effective and valid only if in
writing, and shall be deemed to be duly given if mailed or provided via hand
delivery to the following addresses:
If to the Village: Village of Tequesta
Page 2 of 4
Page 79 of 478
Agenda Item #6.
345 Tequesta Drive
Tequesta, Florida 33469
If to the Owners; Main Street Village, Inc., &
JMZ Tequesta Properties, Inc.
18903 SE Federal Highway
Tequesta, Florida 33469
Section 6. Governing Law and Venue.
This Agreement shall be governed by, and shall be construed and
enforced in accordance with, the laws of the State of Florida. Venue of all
proceedings in connection herewith shall lie exclusively in Palm Beach County,
Florida.
Section 7. Public Records.
The Village and the Owners shall keep and maintain this Agreement and any
other records associated therewith in accordance with the requirements of
Chapter 119, Florida Statutes (the Public Records Act).
IF THE OWNERS HAVE QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
OWNERS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768mO6851
OR AT ImcwiIIiams(&.teguesta.orq, OR AT 345 TEQUESTA
DRIVE, TEQUESTA, FLORIDA 33469.
Section 8. office of inspector General.
Pursuant to Article xll 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.
Section 9. Entire Agreement.
Page 3 of 4
Page 80 of 478
Agenda Item #6.
This Agreement constitutes all agreements, conditions, and understandings
between the Owners and the Village concerning the Village's one-time provision
of lawn and landscape maintenance at the site in advance of the Tequesta
Friends of Public Safety 2022 Fire -Rescue Chili Cook -Off event. All
representations, either oral or written, shall be deemed to be merged into this
Agreement. No subsequent alteration, waiver, change, or addition to this
Agreement shall be binding upon the Owners or the Village unless reduced to
writing, appended hereto, and executed with the same formality as this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their respective hands and
seals on the day and year first above written.
EXECUTED BY THE VILLAGE this C2 6 day of September, 2022.
VILLAGE OF TEQUESTA, FLORIDA
BY: 1111111��1111, �
I _0
J r my Allen, Village Manager
F 7-
ATTEST: 0
�1kp
6o
0
BY:
SEAL
Lori McWilliams, MMC, Village Clerk
INCORPORATED
t ......
L
EXECmop
EXECUTED BY THE GRANTORS this day R \ `2022.
MAIN STREET VILLAGE, INC., &
JMZ TEQUESTA PROPERTIES, INC.
BY: VIA
Name: Eli,*beth Minelli
Title: President
(SEAL)
ATTEST:
BY:,
Name: So.i--r. C�► '4aLtz-
Title:
Page 4 of 4
Page 81 of 478
Agenda Item #6.
PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records,. CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.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 82 of 478
Agenda Item #6.
"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 UWAI"), available at
www.w3.org/TR/WCAG/."
Page 83 of 478
Agenda Item N.
Village of Tequesta
Department of Fire -Rescue Services
357 Tequesta Drive
Tequesta, FL 33469
OF
104P
� a
Inso
James Trube, Fire Chief
To: Village Mayor and Council Memb rs
,V,
From'. James Trube, Fire Chief
Date- September 22, 2022
Re- Business Associate Agreement - NCSPlus
561-768-0500
www.tequesta.org
Please find the attached Business Associate Agreement for NCSPIus.
This agreement is regarding Protected Health Information (PHI) under the Health
linsurance Portability and Accountability Act of 1996 (HIPPA). The Business Associate,
NCSPlus, is a new collection agency for we are going to work with to collect past due
EMS Payments.
Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra Ill
Council Member Laurie Brandon Council Member Aaron Johpson
Village Manager Jeremy Allen Page M of 41b
Agenda Item #6.
* , TEQUESTA FIRE RESCUE TF
FORM 25: Business Associate Agreement
Business Associate A ree
�et�+�►een Gov � merit
Covered Entity and Rusin�ss Associate
This agreement is entered into by and between the Villa
Fire Rescue and ��� �� her � of Tequesta, �epartrr�er�t of
hereafter referred to as "Business A
and conditions under which "'Protected ssociate'� to set forth the terra
health ir�forrnatior�" l�N s
Health Insurance Portabilit a � IL as defined
enacted Y and Accountability Act of 19b� the
hereunder, created or received �� JHlPAA) and Re ulatia
Rescue rr�a be ed bar the Village of Te u � ions
used or clisciosed. q esta, Department of Fire
This Agreement shall comm-
ence on (MM/DD/YY)
herein shall continue In effect and the obligations t so long as the Rusines Ass ' create
or Otherwise possesses and Protecteddate uses, discloses, creates health information created ates
the Village of Tequesta, Department or received on baba
p tr��ent of Fire Rescue and if of
F-
a created or receive until all protected h d by the Business Associate health
Tecluesta, Department of Fife Rescue on behalf of the Village
escue is destroyed or returned to ge of
Department of Fire Rescue pursuant the Village of Te -
p alit to paragraph 15 herein. questa,
1) The Village of Tequesta Department of Fire Rescue and the Business
agree that the Business Associate steal! Associate hereby
be permitted to use and/or dis - �
health information created or received close protected
awed on behalf of the for the follow,
rig purposes:
ay Completing and submitting health care cla�rr�s to health Ian • other third party payer* plans, Clearinghouses, and
by Collection of fees for the Vill-
age of Tequesta. Department of Fir,
c) Establishing and maintainin a Rescue
Te u g Business Management Programs estao Department of Fire Rescue. s for the Village of
d} Introducing, maintaining,and
programming Electronic l'Viedicai
the Village of Tequesta, lie artn� Record Systems for
Department of Fire Rescue,
e`) Introducing, maintain' an
g% d programming Electronic Medical
the Village of Tequestas De artme Record Syster�ls for
-Department of Fire Rescue,
Q Introducing, maintaining,}
and programming compatible tic
Village of Tequesta, re Rescue
Department of Fi tatic�n Systems for the
.
It is to be understood by all parties that
the permitted uses and disclosures
the scope of and necessar�r to achiev - moist be within
e, the obligations and responsibilities
Associate in performing on behalf of of the Business
De pa rtm ant of Fire � or providing services to the Village of T Rescue. g eq uesta;
2) The Business Associate may use and disclose protected health inforr�
received by the Business Associate on �at�on created or
behalf of Village of Tecluestal Department of Fire
144:
Page 85 of 478
Agenda Item #6.
Rescue if necessary for
sso ' the proper �anagemen
crate or to carry out legal r t and adn��nstratior� of the
� responsibilities provided tha a Business
a) Required by law or t any disclosure
b} The Business Associa `
to obtains reasona b #� assura n
protected health information is ces from the person to whomdsclosed that; the
i
I. The protected health Information will be held confidentially
disclosed only as required b y and used or fort
law or for the purpose for her
the person* and
►hich it was disclosed
to
hi. The Business Associate will # # be notified of an the confidentia lr�sta
aware in vvhic# ` nces of which the person is
lrty of the information is Brea
ched.
The Business Associate hereby to maintain the sec ..
ty and privacy of all rot
manner consistent with Florida Stat p ected
health information in a urr
regulations including the Health � e and Federal lags and
nsurance Portability and Accountability
("HIPAW") and regulations hereunder, ty Act of ��
. n�ert and all other ap lfCab�e � 3f
� 7w.
�� The Business Associate further
not to use or +disclose protect except as expressly permitted b thi protected health information
managing , y s Agreement, applicable law or f
g g the �usrness Associate's own i � or the purpose of
Paragraph 2 herein. nternal business processes consistent with
The Business Associate shall � -
not disclose protected health information
its workforce unless the Business to any member of
Associate has advised such person
Business Associate's privacyand Security y p (employee) of the
including �obligations and policies and
g the consequences for violation f under this �4greeMent,,
o such obligations. The Business
tape appropriate dlsciplfrra aGtio Associate shall
disclo +ry n against any Member of its workforce
ses Protected health inforration in " who uses or
violations of Phis Agreement and applicable cable law.
6) The Business Associate shall not disclose protected hea
received by the Business Associ lth Information created or
Associate on behalf of Village of Te uesta t3
Rescue to a person, includir� an � � Department of Dire
Including y agent or subcontractor of Business rng a member of Business Associate's Associate but not
writing to be bound b s own vra�rkforce, until such person agrees `
y the provisions of the Agreement g in
Federal Law. g nt and applicable Florida State or
7) The Business Associate agrees to use appropriate safeguards to
of r g rev
protected health inforrnatlon nut permitted p ent use or disclosure
R tt+�d by this agreement Or ap licabl
p e laws.
B) The business Associate agrees -
ir�for g es to maintain a record of all disclosures
motion, including disclosures not m of protected health
record shall i ode for the purposes of this Agreement. Such the date of the disclosure the g ment. .such
recipient of the protected ► name arid, if known, the address of the
p d health information, the namei .
subject of the p�'otected heals of the rnd�vrdual who is the
h information, a brief descri ti
information disclosed, and the purpose p on of the protected health
p pose of the disclosure,
145 1 P a -
Page 86 of 478
Agenda Item #6.
9) The Business Associate agrees to report to the
Rescue's Privacy officer Village of Tequesta, Department of Fire
information by the Bus, �sclosure of protected Hess Associate or its workforce � tected health
remedial action taken or Proposed ce or subcontractors �
d to he taken with respect and the
p to such use or disclosure.
10) The Business Associate agrees to make its internal Practices
to the use and disclosure ofProtectedP es� boob, and records ,
health information r relating
Tequesta, Department of Fire R received from the bill
behalf t the Rescue or created or received b the age of
Village of Tequesta, De artme Y e Business Associate on
of the United tat nt of Fire Rescue, available to States Department of health and the secretary
determining the hovered Entity's Human Services, for ur os
'�� co�'I��l�al7ce with HIP�a purposes
� �� ��
Within thirty (30) days of '
y a Written request by the Village of
Rescue► the Business Assoc#ate s Tequesta, Department of Fir
hall allow low a person who is e
Information, such person"s re a subject of protected heap gal representati�re, or the Village h
of Fire Rescue to have access ge of Tequesta, Department
to and to copy such person's r P nt
in the format requested b such P otected health informatio
y person legal representative or n
not readily Producible in such forma - • j Practitioners unless it is
t, In which case it shall be rod
copy format. produced In standard hard
12) The Business Associate agrees
a frees to amend, pursuant t� a re nest •
Department of Fire fescue, Protectedq by the Village of Tequesta
health information maintained
received by the Business Associate o ned and created or
Rescue: T n behalf Of Village of Te uesta
The Business Associate further � ► Department of Fire
thirty (30) days of a written agrees to complete such a�rnendment
rtten request by the villa a of within
Rescue, and to make such amen Tequesta, Department of Fir
amendment as directed by the Villa e
of Fire Rescue Village of Tequesta, Department
13) In the event the Business As •
-sedate fads #o perform the obligation the Village of Tequesta, ire artm sunder this Agreement
p ent of Fire Rescue may, at its option:
a) Require the Business Assoc'
ate to submit a plan of compliance, '
by the pillage of T'equesta De including rnonitorin
r partrnent of Fire Rescue any re o i g
Associate, a$ Tillage of Te uest P rt ng by the Business
deter a a, Department of Fire Rescue In
nines necessary to maintain co Its sole discretion,
law. Such la mpliance with this Agreement an
plan shall he incorporated Into this d applicable
h h s Agreement by h
� Require the Business Assoc` . hereto: and
{ate to mitigate any loss occasioned
by the unauthorized
disclosure or use of protected health information,
c Immediately discontinue P r
Assam _ � ovrding protected health informal'
cia to With o r without written notice to the Business Associate. on to the Business
14) The Village of Te uesta Fire ire Rescue Department rna
Agreement and related a regimen y iMmediately terminate this
g is �f the of Tequesta
mines that the Business Associate ep
determines of Fire Rescue
-ge of Tequesta, has breached a material term
Iy, the VillaCie of this Agreement.
Alternative
Department of Fire Rescue may choose to:
87 of 478
Agenda Item N.
Provide the Business Associate"with ten (10) days written noticc, 0 e existence of
an alleged material breach, and
b) Afford Business Associate
satisfactioan opportunity to cure said 81leged ma
n of thterial breach to the
e Village of Tequestai DepartMent of Fire Rescue within (10) days,
The Business Associate's failure to cure shall be ground for'
agreement. The Village of Tequesta immediate termination of this
.. Department of Fire fescue remedies under this
Agreement are cumulative, and the exercise of any remedy shall not preclude the exercise
of any other.
15) Upon termination of this Agreement, the Business Associate shall return or destroy all
protected health information received frOM Village of Tequestap Department of Fire
Rescue, or created or received by the Business Associate on behalf efthe Village of
Tequesta,, Department of Fire Rescue and that the Business ASSOciate maintains in any
form, and shall retain no copies of such information. If the parties mutually agree that
return or destruction Of Protected health information is not feasi Associate -shall continue to maintain the security b, the Business
and privacy of such protected health
information in a manner consistent with the obligations of this A r e
required by applicable law, and Shall limnt and as
it further use of the information to those
purposes that make the return or destruction Of tile information infeasible. The duties
hereunder to maintain the securi
security and privacy of protected health information shall
survive the discontinuance of this Agreement.
16) The Village of Tequesta, Department of Fire Rescue may amend this Agreement by
providing ten (10) days Prior written notice ice to the Business Associate in order to maintain
Compliance with Florida State or Federal Law. Such amendment shall be binding upon
the Business Associate at the end of the ten (10) day period and shall no
consent of the Business Associate. The Rusin ess t require the
Associate may elect to discontinue the
Agreement within the ten (10) day period,, but the Business Associate duties herieunder
to maintain the security and privacy of protected health information shall all survive
discontinuance. The such
Village of Tecluesta, DLpartment of Fire Rescue. and the Business
Associate may otherwise amend this Agreement bY mutual written agreement.
17) The Business Associate Shdll, to the fullest extent permitted bJawro indemnify and hold harmless villagp
y o ptact, defend
. of Tequesta and the Department of Fire Rcs
his/her respective employees,directors, and agents ("indemnities') from and a aicuenst any
and
and all losses, costs, claims,, penalties, fines, demands, liabilities, leCal actions,. judgments,
and expenses of every kind (including reasonable attorneys fees, -
.- including at trial and on
appeal) asserted or imposed against any Indemnities arising out of the acts or omissions
of the Business Associate or any of the Business Associate's er"Ployees, direc
agents related to the performance or nonperformance tors or
of this Agreement.
18) In the event of a conflict between this Business Associate Agreement g
andthe Master Services Areement, thePvSoion 14 of
oiithis Associate Agreenentscontrol. hall
14711),
11 g e
Page 88 of 478
Agenda Item #6.
�I�slaa
Date -
148I�.,
Page 89 of 478
Agenda Item #6.
.SERVICE AGREEMENT
Client (Systam) Number Report ordor Today's Date
0A ON JULY 28 2022
InlVal Password ape of Business No,
I
1T*qu&1tAFh*gWe multwp4dity z
NOW Older Reorder Rewfile ofewme COBS L Idrit Trams,C3Yvz r ZO Yes
Z) x I I NQ to tics (PrImary) ONO
- - - - - ------------ .I
CLIENT NAME VILLAGE OF TEQUESTA
�135S .345 TEQUESTA DRIVE
A00RIESS (2)
COMPLETE AND MAIL TO:
NCSPLUS Incorporated
www,ncsplus.com
Order Department
117 Eas! 24th S1, 5th Floor
New York, NY 100 10
Telephone; 212-213-3000
Fax, 212-213-3320
CITY:TEQUESTA- FL 33469
STATE
TELEPHONE INIUMBER561-768-0424-- FAX
Ir!
SYSTEPol USEFIJEFF EMAIL JSNYDER@TEQUESTA.0RG
PRIMARY PHASE
Service Description:
Make Chooks Payable to:
NCSPLUS Incorporated
LEVEL I SERVICE
CLAIM FOAMS PER SY$TENI 250 SALES TAX
FULL SYSTEM .00 A110UNT
PrIlCE 1$5000 .1 ucvveo
TRANSFER AUTHORIZATION SE CON DARY PLACEMENT- AM EN I CAN CREDIT MANAG ENI E N T DIVIS 10 N (AC hi) S RAVI C C
NGSPLUS Imotparaled (NGS) agroes that any accoQuoj cort!vIeting IM Cash Rscoyer� Sy-stem's Ptimary Phase liapimaxialately 120 days of pvrtuil) Uncollected, will
L11-Acifnallcalty be tramifetred 10 the oornpaq!- ACM Divbf-on tar inter-Sive wolkw recovery servke (Intluding Illigatiori,'when warrarit", at NCS-s expense) AC.V v4I st1f*,rx--e
t.-Linsfeired accounts as second plecernonts In accordance with the tern't-i and corvdilioris slat #d On page one and Wo of taps agraeinenj
Client ACM Trarksler Chent maMairis the right to decline assIgnmard to ACPA on all
titers#Aulhorizallon nomunts, for thirty (30) dogs tram the N odee cvw�lran!s ter dWO, which —OR— Primary phtroo
Initial N YAII be sent after the Program's Ptlmary Phase is completed. Only
ACNI STANDARD CONTINGENT COLLECTION FEE SCHEDULE 60% As specified on the reverse sl do of (tits agrftmervil
Client y No clitnt Auttimcizes NCS ctlent YES—
k1us1 Yo n Unpaid Accounts Must
—
Initial To Th*=0 46fic-nal croelt eureava rod-,trw fair Dru, COackton Ptacii4ps Att.
[!F I Irillial n.. 1! -
REMARKS
250 CLAIMS
LEVEL 1 SERVICE
ACH AUTHORIZATION
I llvtO)y AjaltloriZe N-GS to ACH " Ct*ching Arcouri
Wt mrfc (f I .Mtng Irrvo,ces due NCS
&
A03 - -J,11
Please altaCh copy of check (File Copy)
Charge to my credit cartf.-
r7vvisa [DMIC LJAMEX
1=1
Card N,3.--
Expires. CSV�—_
Copy of Credit Card MUST
Aocqrnpa ny All Cve011j Card Otdots fffl *Copy)
U01T!" 5 'At2022"011
Client Aulhorization: NCS shall ptovide cornplato corlacilon i5ervIcas on every account submitted. if an account is Itari5terted to NCS's ACM Division, the company shall
negollatc, secure niod process paymenilu cmi submitiod accounks and forward r000vered funds monthly nil of contingent collection lees In accordance. with ACNI fee
schedule detailed above, Thi~re Is no time lin-ilton taro Primary service. All payments and payment arrangements must tke (eported to NCS_
Collectionforms, aervicet, and procedures may be chanjohd from time to Urno due, to appliCability, availability, andifor to comply wtth Mate and rederal law.
ALL ORUERSAVIFE FINAL ONLY AFTER ,ACCEPTED AT NCS NEWY0AKj1Y.
I have r 0,10 page two of thl.6, agreement and fully understand the Wins and conditions of I fie setvices pedorm ed and the guarantee, Thiv written agreurnent can -,jfi lutes the
entire agreement between the, pan s ndcan t bechanged except in writing 919riedby the paFfles.
Signed by Primary Rep
t 01 M. R,as Dist Nijrr-t-,Fr
Srenndary Rep
P i I r.2 Nw-i c Name L�0?
Page I of 2
Page 90 of 478
Agenda Item #6.
PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records,. CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.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 91 of 478
Agenda Item #6.
"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 UWAI"), available at
www.w3.org/TR/WCAG/."
Page 92 of 478
Agenda Item N.
Village of Teq uesta
Department of Fire -Rescue Services
357 Tequesta Drive
Tequesta, FL 33469
RE
James Trube, Fire Chief
To: Village Mayor and Council Mem rs
From: James Trube, Fire Chieff,l Mem, t
Date.- September 26, 2022 .
Re: Zoll Monitor Maintenance Agreement
561-768-0500
www.tequesta.org
Please find the attached Zoll Monitor Maintenance Agreement for $4,158.00 for Three
(3) monitors. The effective dates of the agreement are 10/1/2022 — 9/30/2023. This
agreement enables us to keep our monitors in good working order so that we can
continue to provide excellent care to our patients.
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 93 of 478
Agenda Item #6.
Z LLO
EXPERTCARE EXTENDED WARRANTY & PREVENTIVE MAINTENANCE CONTRACT
Tequesta Fire & Rescue (Customer # 101191)
Attn: Jim Trube (561) 575-6250 / itrube@tequesta.org
Bill To: Tequesta Fire & Rescue
357 Tequesta Drive
Tequesta, FL 33469
From: Ken Massone
Supervisor, Senior Service Contracts Representative
(978) 421-9587 / kmassone@zoll.com
PM Contact: Jim Trube - (561) 575-6250 jtrube@tequesta.org
ZOLL Medical
Corporation
269 Mill Road
Chelmsford, MA 01824-4105
(978) 421-9655 Main
(800) 348-9011
(978) 421-0022 Fax
Ship To:
Tequesta Fire & Rescue
357 Tequesta Drive
Tequesta, FL 33469
QUOTATION-
0
00035637
Quote Date:
September 21, 2022
Quote Pricing:
Valid for 60 Days
X Series
Part No Description Contract Dates
8889-89001- 1 Year Precision Service Plan . ZOLL X Series 1010112022
PP X SERIES -Precision Service Plan, 1 Year, Post -sale. Includes: to
Annual preventive maintenance, 24% discount on new 09/30/2023
cables, 24% discount on SurePower 11 Batteries, discount on
parameter upgrades, and parts & labor on normal wear and
tear. Shipping and use of a Service Loaner during repairs, no
charge shipping. Extended warranty is a continuation of the
EMS One Year Product Limited Warranty.
Serial Number(s): AR13J005916, AR13KO06091 &
AR13K006113
- ---------
COMMENTS:
- 1 --- Qty------- Price Adj. Price Ext. Price
3 $1,540.00 $1,386.00 $4,158.00
TOTAL $4,158.00
1. Applicable tax will be added at the time of invoicing.
2. Payment terms are Net 30 after ZOLL Medical Corporation invoice date.
3. If PM's are purchased or applicable: customer visit to complete the PM work will be scheduled 60-90 days after the agreement is signed.
4. 10% Multi -Unit Discount only applies when the Total Contract Value is invoiced in full and paid in Net 30 Days.
TERMS & CONDITIONS: The terms and conditions of this contract are set forth in the attachments. By signing this contract, Customer acknowledes
having read the terms and conditions and agrees to be bound by them. g
ZOLL Medical Corporation
Signature:
Name: Ken Massonp
Title: 5u ervisor Senior Service Contracts Represp�ntative
Date.. 10/03/2022
Tequesta Fire & Rescue
Authorized Signature:
JeremAllenDigitally signed by Jeremy Allen
y Date: 2022.10.03 15:49:33 -04'00'
Print Name
Title:
Date:
Page I of 3
P.O. #
Page 94 of 478
Agenda Item #6.
ZOLL Medical Corporation Quote No:00435637
EXTENDED WARRANTY & PREVENTIVE MAINTENANCE CONTRACT for Tequesta Fire & Rescue
Preventive Maintenance Terms and Conditions
1. Preventive maintenance ("PM") will be invoiced upon ZOLL's receipt of quote with an authorized signature (the "PM Contract") and, if available
a purchase order.
2. Any PMs that remain unused as of the end of a one-year PM contract will be forfeited and no monies will be refunded to the customer. Any PMs
that remains unused as of the end of the initial term of the Multi -year PM Contract will automatically roll over into the next year of the PM
Contract. Any PMs that remains unused as of the end of the second and subsequent years of the PM Contract, will be forfeited and no monies will
be refunded to the customer,
3. if the customer purchases new ZOLL equipment, unused PMs will be transferred to the new equipment at the end of the factory warranty.
.
4. If ZOLL determines during the course of performing PM that a repair is required and the device is not covered under warranty, ZOLL will request
customer authorization in order to repair the device, y
S. Upon the customer's request, a loaner will be provided free of charge pursuant to ZOLL's Loaner Policy. The loaner will be provided for use while
the device is being serviced by ZOLL.
6. It is the customer's responsibility to ensure devices covered by the PM Contract are available for Preventative Maintenance at the scheduled
times.
Page 2 of 3
Page 95 of 478
Agenda Item #6.
ZOLL Medical Corporation Quote No:00035E37
EXTENDED WARRANTY & PREVENTIVE MAINTENANCE CONTRACT for Tequesta Fire & Rescue
Extended Warranty Terms and Conditions
1. The ZOLL Extended Warranty ("EW") extends the term of ZOLL's Factory Warranty by the number of years selected by the customer. EW
coverage commences upon the expiration of the Factory Warranty, and is subject to the terms and conditions contained in
the Factory Warranty.
The EW does not apply to accessories.
2. The price of the EW will be invoiced upon ZOLL's receipt of quote with an authorized signature from the customer and, if available a urcha
order from the customer. p se
3. The EW is not transferrable and cannot be cancelled. However, if the customer replaces equipment covered by an EW with new ZOLL
equipment, upon customer's request, the remaining time under the EW will be transferred to the new equipment at the end of the ing EINfactory
warranty. All requests to transfer the remaining balance of an EW must be submitted in writing to the ZOLL Service Contracts department
days of date of shipment of new equipment. Failure to submit EW transfer request will result in the forfeiture of remaining p within 6Q
.
4. If the customer has a claim under an EW, customer must call the ZOLL Help Desk (840-348-9011) to arrange for a Return Authorization in
advance of sending the unit for evaluation at ZOLL Headquarters.
S. All repairs are performed at ZOLL headquarters in Chelmsford, MA. If a unit needs to be repaired, upon the customer's request, a loaner will be
provided free of charge pursuant to ZOLL's Loaner Policy.
5. If no claims are made under the EW during the EW period, the purchase price of the EW is not refundable.
Page 3 of 3
Page 96 of 478
�genda Item #6.
PUBLIC RECORDS. In accordance with Sec, 119-0701., Florida Stututes, 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
Tillage's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to he inspected or copied, within a reasonable time in
accordance with access and cost requi'rements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Vill"age, or falls to make them available for
inspection or copying, within a reasonable time may be subject to attornet '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 authoOzed 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 stared 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 systerns,
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
113, FLORI CAA STATUTES, TO CO INTRACTOR'S DUTY TO PROW DE PU BLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE WILLAGE CLERK,, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
IMCWHIiams@tequesta. OR AT 345 TEQUEFTA DRIVE
334699 TECH ESTA, FLORIDA
Pursuant to Article Xii of the Palm Beach County Charter, the Office of the Inspector General has
jurfsdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to nnunicipal Soverning bodies based an
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 97 of 478
Agenda Item #6.
"The Village of Tequesta strives to be an inclusive environment. As such it is the Vili
age s policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990"Aa „
b � A �
y ensuring that the Contractor's I agreement /bid documents and specifications are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a wri
tten
ritten
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in
p a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements
Web of the
Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"published b
the World Wide Web Consortium ("WX"), Web Accessibility Initiative "WAI" available i ], va�lable at
www.w3.orR/TR/WCAG/.')
Page 98 of 478
Agenda Item #6.
E-Verify Affidavit
Bid/Proposal Number: -0 00 --55
Project Description.- 7
C--
In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility of.-
1. All persons employed by the Contractor to perform employment duties within Florida during
the term of the contract; and
2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work
pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S.
Department of Homeland Security's E-Verify System during the term of the contract is a
condition of the contract with the Village of Tequesta,
Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and
provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a
printed copy of the completed E-Verify Company Profile page, obtained from 1it[vs:Hxv�Nw.e-
VC6 f�.90v.
Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that
the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized
Alien, as that term is defined in Section 448-095(l)(k), F.S. Contractor further agrees to maintaa
copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the
subcontract and any extension thereof.
By affixing your signature below, you hereby affirm that you will comply with all E-Verify
requirements.
ZOLL Medical Corporation
[(�-nipany rear
i natur
Craig Stowell
Print Name
STATE OF FLORIDA
PALM BEACH COUNTY
04-2711626
Federal Employer Identification No.
Da
Chief Financial Officer
Title -----
Sworn and subscribed before me by means o pfiysiq I presence or ❑online notarization on this -j2,�—daOfy
�klpkDabL-E, 2022�-by who is " I
personally known to me or has produced
as idenfication and who did/did not take an oath, in the state and county
first mentioned abon
otatOiA
y Pubfic,
(affix seat)
Emil
y Marie Sullivan
My Commission Expires:__ NOTARY PUBLIC
Commonwealth of
M MaSsachusetts
Y C'DMMISSIon Expires
November 14,, 2025
Page 99 of 478