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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_2/9/2023Agenda Item #3. Regular Council STAFF MEMO Meeting: Regular Council - Feb 09 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consider 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. Gerelco Traffic Controls, Inc. Pre-Emption Devices Installation Contract -Fire Dept., $986.00. B. Markay Consulting Group Professional Services Agreement -Utilities; See agreement for details. C. State of Florida Division of Emergency Management Federally Funded Subaward And Grant Agreement - Finance; See agreement for details. D. Unistrut Service Company Credit Application - Public Works, $NA E. Verizon Connect Global Positioning Systems Service Order -Public Works; See service order for details. Consider 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. Gerelco Traffic Controls, Inc. Pre-Emption Devices Installation Contract -Fire Dept., $986.00. B. Markay Consulting Group Professional Services Agreement -Utilities; See agreement for details. C. State of Florida Division of Emergency Management Federally Funded Subaward And Grant Agreement - Finance; See agreement for details. D. Unistrut Service Company Credit Application -Public Works, $NA E. Verizon Connect Global Positioning Systems Service Order -Public Works; See service order for details. 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: BUDGET: NA ENCUMBERED: NA Proposed: Projected Remaining: 5 Items, each with individual costs NA Page 35 of 1094 Agenda Item #3. This agenda item is respectfully submitted for your review and approval. Gerelco Traffic Controls Contract - Fire Deat. Markay Consulting Group Professional Services Agreement -Utilities State of Florida Division of Emergency Management Federally Funded subaward And Grant Agreement -Finance Unistrut Service Company Credit Applicaton-Public Works Verizon Connect Global Positioning Systems Service Order -Public Works Page 36 of 1094 Agenda Item #3. Village of Tequesta Department of Fire -Rescue Services 357 Tequesta Drive upTeoG 561-768-0500 Tequesta, FL 33469\/�* www.tequesta.org 'B 11EiL James Trube, Fire Chief To: Jeremy Allen, Village Manager From: James Trube, Fire Chief �� %r �7 Date: January 17, 2023 Re: Gerelco Traffic Controls — Contract for Intersection Installation of two pre-emption devices Please find the attached contract for the installation of two Traffic Pre-emption devices (at the intersections of US Hwy 1 & Tequesta Drive & Old Dixie & Tequesta Drive) for your approval. Thank you. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 37 of 1094 Agenda Item #3. October 24, 2022 ATTN: Tequesta Fire Rescue Judy Jones Email: Joones@'I'equesta.org RE: ELCO )ntrois Glance TIMM 500 PreemptiomTriority Systems, Install Only 2 Device Glance TIMM 500 PreemptionfPriority Systems Locations US Hwy [ & Tequesta Drive Old Dixie & Tequesta Drive Approvals Jalcc ing , V e President Gerelco Traffic Controls, Inc. $986.00 Village Manager f Tequesta Please contact me with any questions or comments you have regarding the above information. I can be reached at (772) 340-7474. Respectfully, Gerelco Traffic Controls, Inc. Jake Ridinger Vice President Jriditiger@.9erelco.com 772-340-7474 560 NW Enterprise Dr. Port St. Lucie, Ft. 34986 Page 38 of 1094 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 39 of 1094 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 40 of 1094 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluesta `vy'0A a s 561-768-0700 www.tequesta.org Date: January 30, 2023 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department From: Nathan Litteral, Water Treatment Superintendent dr Re: Consider Approval of an Agreement with and Requisition to Markey Consulting Group for an Amount Not -to -Exceed $6,000 to Prepare an Application for TNI Re -certification for Submittal to the Florida Department of Health The Village of Tequesta Utilities Department recommends approval of an agreement with Markey Consulting Group (Markey) for an amount not -to -exceed $6,000. This contract will provide assistance and training to compile an application to re -earn National Environmental Laboratory Accreditation Certification (NELAC) from the NELAC Institute (TNI). The application will be submitted to the Florida Department of Health Environmental Laboratory Certification Program (FDOH ELCP). This certification is required in order to conduct bacteriological (bac-T) tests in- house. The cost of the services will be offset by cost savings anticipated by conducting the bac-T testing in-house. Currently, each test costs about $25.00 and we conduct approximately 360 annually for a total annual cost of $9000, not including any bac-T tests required due to water main and service line breaks. The scope of work will include review and updating of pertinent laboratory documentation, consisting of the following elements: a) Current version of the "Quality Manual" b) Organizational charts c) Proficiency testing data and reports d) Staff qualifications including education and experience e) Listing and details on laboratory instrumentation and equipment f) Current version of standard operating procedures (SOP) for Standard Method 9223B g) Demonstrations of capability h) Most recent internal audit i) Most recent management review j) Copies of bench sheets k) Copies of analytical reports Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 41 of 1094 Agenda Item #3. MEMORANDUM (CONT'D) Page 2 of 2 RE: Consider an Agreement with and Requisition to Markey Consulting Services for an Amount Not -to -Exceed $6,000 Prepare an Application for TNI Re -certification for Submittal to the Florida Department of Health To: Jeremy Allen, Village Manager Through: Marjorie Craig, PE, Director, Utilities Department From: Nate Litteral, Water Treatment Superintendent Date: January 30, 2023 Services will be billed at a rate of $150.00/hr. with a not to exceed figure of $6000. Please see the following budget breakdown for laboratory services from the water fund account 401-242- 531.342 Water Analysis & Sampling: Water Analysis and Sampling FY23 Budget FY23 Projected/ Adjust Budget Encumbered/ Paid/+ Projected Invoices This Request Current Remaining Jupiter Environmental Labs $28,000.00 $31,903.00 $6,127.00 $0.00 $25,776.00 Markey Consulting Group* $0.00 $6,000.00 $0.00 $6000.00 $6,000.00 Marinco Labs $6,000.00 $6,368.00 $3,184.00 $0.00 $3184.00 Pace Analytical Lab $3,500.00 $3,500.00 $0.00 $0.00 $3500.00 Other Miscellaneous $5,000.00 $5,000.00 $0.00 $0.00 $5,000.00 TOTAL $42,500.00 $52,771.00 $9,311.00 $6000.00 $43,460.00 *this request (contract with Markey) Utilities Staff recommends approving an agreement and requisition with Markey Consulting Group for an amount not to exceed $6,000, to help ensure a successful application for NELAC re -certification to conduct lab testing in-house. Village of Tequesta Pageli 1094 Agenda Item #3. Markay Consulting Group January 8, 2023 Mr. Chance Fell - Water Plant Operator/QA Officer Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 RE: Letter -of -Agreement for Professional Environmental Laboratory Consulting Services Village of Tequesta Water Treatment Plant Laboratory Project No. MCG-22-009-10 Dear Mr. Fell: We are pleased to offer this Letter -of -Agreement for your review and approval. The contents of this Agreement are based upon our understanding of the required Scope -of -Work, as well as our communications over the past few weeks. The staff of the Markay Consulting Group (MCG) will handle this work in a prompt and confidential manner, and we trust that you will look on the following arrangement favorably. Our primary objective will be to provide professional consulting services to your laboratory in support of your efforts to apply for and earn TNI accreditation from the Florida Department of Health Environmental Laboratory Certification Program (FDOH ELCP). The following sections delineate the basic elements of our Agreement with you (the Client): Scope -of -Work: The Markay Consulting Group will provide professional consulting and support services as detailed by you to include: 1. Provide guidance in support of efforts to prepare an application for TNI accreditation to the FDOH ELCP. 2. Remote review of pertinent laboratory documentation, including: a) Current version of the Quality Manual. b) Organizational Charts. c) Proficiency Testing Data and Reports. d) Staff qualifications including education and experience. e) Listing and details on laboratory instrumentation and equipment. f) Current version of Standard Operating Procedures (SOP) for Standard Method 9223B. g) Demonstrations of Capability. 3385 Summerland Hills Loop Lakeland, Florida 33812 Telephone (863) 255-5856 * * *.rnarkaycg.com Page 43 of 1094 Agenda Item #3. Mr. Chance Fell - Water Plant Operator/OA Officer January 8, 2023 Page 2 h) Most recent internal audit, if available. i) Most recent management review, if available. j) Copies of typical preparation bench sheets. k) Copies of typical analytical report. 1) Any other pertinent laboratory documentation. 3. Travel to the laboratory to conduct interviews with laboratory staff, review procedures and pertinent documentation not previously reviewed, and to tour the laboratory's facilities. 4. Assist in the preparation of the application for accreditation as well as any requests for additional information from the FDOH ELCP. 5. Provide other technical assistance as requested by the Village of Tequesta Water Treatment Plant Laboratory staff. Work Not Included: Any tasks not explicitly listed above or not explicitly contemplated or required by this Agreement may be beyond the scope of work. Nonetheless, given the structure of this agreement, any tasks outside those explicitly listed, can be added to the scope upon mutual agreement. To assist us in meeting these objectives, the Client shall furnish us with all information regarding their requirements, including any special or extraordinary considerations for the Project, and make available existing pertinent information. Additional Work: Should you desire us to undertake additional tasks, we will forward an addendum to this agreement describing the revised scope -of -work and adjusted compensation schedule for your review. We will not proceed on the additional work until you have furnished written authorization for the additional services. Period of Service: Upon receipt of a duly executed copy of this Agreement, MCG shall promptly initiate the work and would anticipate continuing to provide consulting support to the laboratory through the application process and until one or both parties indicate a desire to discontinue services. In any case, MCG will be paid for all services rendered until and up to the time this arrangement is discontinued. The onsite component of this work has been tentatively scheduled for January 26, 2023. Compensation: Our standard compensation for the Services delineated above is based on an hourly rate of $150, which will cover professional time as well as expenses associated with travel to and from the facility. That is, travel time to and from your facility or other designated locations and associated with onsite work will be billed at this rate, but no supplemental travel expenses for mileage, lodging, or other per diem will be billed. As such, invoiced amounts will only reflect the total professional hours billed in the preceding period and at the aforementioned rate, but will cover all charges for professional time, mileage, lodging, per diem, and any other incidental expenses. For the purposes of this arrangement, we will establish a not -to - exceed figure of $6,000, which correlates to 40 hours of professional time. Subsequent arrangements can be made for additional work upon agreement of both parties. Payment for Services: Generally, invoices will be prepared and submitted on a monthly basis with payment being due within 30 days of the date of the invoice. Interest shall accrue beginning on the 301' day after the Page 44 of 1094 Agenda Item #3. Mr. Chance Fell - Water Plant Operator/QA Officer January 8, 2023 Page 3 date of the invoice at a rate of 1% % per month (18% annually). Should collection efforts be necessary, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs from the other parry. Upon default, MCG may suspend services under this agreement until all amounts due for services and expenses have been paid. Reuse of Documents: All documents, including but not limited to drawings and specifications, prepared by MCG or its subcontractors pursuant to this Agreement, if any, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project. Any reuse without written verification or adaptation by MCG for specific purposes intended will be at the Client's sole risk and without liability or legal exposure to MCG, and the Client shall indemnify and hold MCG harmless from all claims, damages, losses, and expenses, including, but not limited to, attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle MCG to further compensation at rates to be agreed upon by the Client and MCG. Force Maieure: Neither party to this Agreement will be liable to the other party for delays in performing the services, nor for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, extraordinary weather conditions, or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. Termination: The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, MCG will be paid for all services rendered. Limitation of Liability: To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of MCG and its officers, directors, employees, and subconsultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages or any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, or of warranty, express or implied, or for any special or consequential damages, shall not exceed the total compensation paid by the Client for the services of MCG under this contract. Entire Agreement: This Agreement is made and entered into in Polk County, Florida, and Florida law shall govern this Agreement. Venue for legal proceedings shall be in Polk County, Florida. This Agreement supersedes all other agreements, oral or written, and contains the entire agreement of the parties. No cancellation, modification, amendment, deletion, addition, waiver, or other change to the terms of this Agreement shall have effect unless specifically set forth in writing signed by the party to be bound thereby. In the event a Purchase Order is issued for the Work outlined in this Agreement, the terms of this Agreement shall take precedence over and control any preprinted terms and conditions of the Purchase Order. Furthermore, it is understood that any terms and conditions of the Purchase Order not explicitly addressed in this Agreement do not apply, are deemed to be stricken, and neither party shall be bound thereto. Page 45 of 1094 Agenda Item #3. Mr. Chance Fell - Water Plant Operator/QA Officer January 8, 2023 Page 4 We trust that this working arrangement is agreeable with you, and if so, would appreciate execution of this Letter -of -Agreement in the appropriate spaces provided below and the return of one (1) executed copy of same to this office. This Proposal may be void if not executed within 30 days. We appreciate your consideration and look forward to working with you and your team. Sincerely, The Markay Consulting Group Mark A. Alessandroni, PE, CHMM Principal Consultant and Managing Member APPROVED AND ACCEPTED THIS 01 DAY OF 02023 FOR VILLAGE OF TEQUESTA WATER TREATMENT PLANT LABORAYORY. Attest: �.p Authorized Representative Title Witness Witness Page 46 of 1094 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 47 of 1094 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 48 of 1094 Agenda Item #3. Memorandum To: Honorable Mayor and Village Council Thru: Jeffrey Snyder, Finance Director From: Jeremy Allen, Village Manager Date: January 31, 2023 Subject: On September 28, 2022 the Village Council declared an emergency because of the projected path of Hurricane Ian. Upon this declaration the Village opened the Emergency Operations Center (EOC) and called in essential employees and first responders to prepare for the worst. The Village's emergency pay policy was affective upon the declaration of emergency. The Federal Emergency Management Agency (FEMA) an agency of the Department of Homeland Security will reimburse the Village for all allowable costs, defined by them, for well documented expenditures. The Village was fortunate that the path of Hurricane Ian did not significantly impact us. The Village did incur allowable costs for Ian and they have been submitted for reimbursement $15,253. Also submitted for reimbursement is the cost of two of our Police Officers to travel to North Port based on a call for assistance. The cost for these two Police Officer is $21,611 and includes all of their costs, including overtime. This contract is the one of the steps of many to get reimbursed for the costs noted above. There are many more steps in FEMA's process to obtain the money. Consider ratifying the State of Florida Division of Emergency Management Federally Funded Sub -Award & Grant Agreement- Hurricane Ian Reimbursement Request. Page 49 of 1094 Agenda Item #3. Agreement Number: Z3116 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4673 - Hurricane Ian The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1): Subrecipient's name: TequeSta, Village Of Subrecipient's unique entity identifier: Federal Award Date: 9/30/2022 Subaward Period of Performance Start and End Date (Cat A-B): Subaward Period of Performance Start and End Date (Cat C-G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Subrecipient by the pass -through entity: Federal award project description (see Federal Funding Accountability and Transparency Act (FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Assistance Listing Number (Formerly CFDA Number): Sep 23, 2022- Mar 29, 2023 Sep 23, 2022- Mar 29, 2024 N/A Grant for communities to respond to and recover from maior disasters or emergencies and for limited mitigation measures. Department of Homeland Security (DHS) Federal Emergency Management Agency F( EMA) Florida Division of Emergency Management (FDEM) 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 97.036 Assistance Listing Program Title (Formerly CFDA program Title): TequeSta, Village Of THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Tequesta, Village Of (hereinafter referred to as the "Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State and Federal agencies with audit, regulatory, or enforcement authority; 1 Page 50 of 1094 Agenda Item #3. C. This Agreement establishes the relationship between the Division and the Subrecipient to allow the Division to pay grant funds to the Subrecipient. THEREFORE, the Division and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS. RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively applied. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Subrecipient performance; and ii. Review and document all deliverables for which the Subrecipient requests payment. b. The Division's Grant Manager for this Agreement is: Name Jennifer Stallings Title Grant Program Manager Bureau of Recovery Address: Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850) 815-4408 Email: Jennifer.Stallings(a)em.myflorida.com c. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: Jeff Snyder Address: 345 Tequesta Drive Tequesta, FL, 33469-0273 2 Page 51 of 1094 Agenda Item #3. Telephone: 561-768-0424 Email: jsnyder@tequesta.org d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. e. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Division's grants management system in accordance with Attachment B to this Agreement ("Systems Access Form"). (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to substantiate work completed. (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed. Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. Work may only be performed during the timeframes established and approved by FEMA for each Category of Work type. (9) FUNDING a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for DR - 4673 - Hurricane Ian Payments to Subrecipients are contingent upon the granting of budget authority to the Division. b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. Affected Local governments shall be required to provide one-half of the required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not 3 Page 52 of 1094 Agenda Item #3. apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share shall be the responsibility of the Private Non -Profit Subrecipient. c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida Statutes. Local governments must apply for the match waiver independently from their respective County. (10) PAYMENT a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment. Advance payments will be governed by Chapter 216, Florida Statutes. b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. (11) REPAYMENTS a. Refunds or repayments of obligated funds may be paid to the Division through check or through a payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Division to off -set against other obligated projects where deemed appropriate. In accordance with Chapter 255, Florida Statutes, the Subrecipient has 30 days to repay the funds from the issuance of the invoice from the Division. The Division may impose a 1 % per month interest fee for unpaid invoices. b. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and must include the invoice number and the applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (12) RECORDS a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e), the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to be paid from funds provided underthis Agreement, including documentation of all program costs, in a form sufficient 4 Page 53 of 1094 Agenda Item #3. to determine compliance with the requirements and objectives of the award and all other applicable laws and regulations. (13) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F. b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR § 200.337(c)). c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. (14) REPORTS a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. Subrecipient Report It v Reporting Time Penod 616mittal li"" e Quarter 1 (Q1) October 1 — December 31 January 15 Quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (03) April 1 — June 30 July 15 Quarter 4 (Q4) July 1 —September 30 October 15 b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs. 5 Page 54 of 1094 Agenda Item #3. d. The Subrecipient shall provide additional program reports, updates, or information that may be required by the Division or the Federal awarding agency. (15) MONITORING a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the Scope of Work is being accomplished within the specified time periods, and that other performance goals are being met. b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2 CFR § 200.332(a)(2). (16) LIABILITY a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (17) TERMINATION This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records will be maintained until the conclusion of any record retention period. (18) PROCUREMENT a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: https://www.fema.gov/grants/procurement. b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal 6 Page 55 of 1094 Agenda Item #3. funds are received. If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes, as applicable. (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Attachment A— Certification Regarding Debarment ii. Attachment B — Systems Access Form iii. Attachment C — Certification Regarding Lobbying Page 56 of 1094 Agenda Item #3. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUBRECIPIENT: TegueSta, Village Of By: (Signature) Name: Molly Young Title: Mayor Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT as Governor's Authorized Representative Date: Agreement Number: Z3116 Page 57 of 1094 Agenda Item #3. Attachment A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. By: i Signature Molly Young, Mayor Name and Title 345 Tequesta Drive Street Address Tequesta, FL, 33469 City, State, Zip Date Tequesta, Village Of Subrecipient's Name Z3116 DEM Contract Number Page 58 of 1094 Agenda Item #3. Attachment B SYSTEMS ACCESS The System Access Form is submitted with each new disaster or emergency declaration to identify the Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems Access form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event you try to log in and your account is locked, users must submit a request for unlocking to RPA.Help(c)em. myflorida.com. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a new Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access). Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate Contact is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FDEM Grants Management System. Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. 10 Page 59 of 1094 Agenda Item #3. SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Tequesta, Village Of Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access) Name Molly Young Name Jeremy Allen Signature Signat r Organization / Official Pos Ma Or Y Organiz n / Official Position Village Manager Mailing Address 345 Tequesta Drive Mailin A dress 345 Tequesta Drive City, state, Zip Tequesta, FL, 33469-0273 City, State, ZpTequesta, FL, 33469-0273 Daytime Telephone 561-768-0465 Daytime Telephone 561-768-0463 mail Address myoung@tequesta.org E-mail Address allen@tequesta.org x 3: Alternate Contact (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) me James TrubeJ Name eff Sn der Ynature ,/� ® Signature ani ti / Official Position Chief I Organization / ici PositionFire Finance Director iling Address 345 Tequesta Drive Mailing Address 345 Tequesta Drive , State, zip Tequesta, FL, 33469-0273 City, State, Zip Tequesta, FL, 33469-0273 ytime Telephone 561-768-0550 DaytimeTelephone 561-768-0424 ail Address )trube@tequesta.org E-mail Address sn der@te uesta.or Box 5: Other -Risk Mgmt-Insuran ce (Full Access) Box 6: Other -Environmental -Historic (Full Access) Name Merlene Reid Name Signature 900je Signature Organization / OfficiaPP6dftron HR Director/Risk Manager Organization / Official Position Mailing Address 345 Tequesta Drive Mailing Address City, State, zip Tequesta, FL, 33469-0273 City, State, zip Daytime Telephone 561-768-0415 Daytime Telephone E-mail Address mreid@tequesta.org E-mail Address The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authoriz sentative Signature Date Page 60 of 1094 Agenda Item #3. SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Tequesta, Village Of Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Subrecipient's Fiscal Year (FY) Start: Month: October Day: 01 Subrecipient's Federal Employer's Identification Number (EIN) 59-6044081 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Subrecipient's: FIPS Number (if Known) 099-71525-00 12 Page 61 of 1094 Agenda Item #3. Attachment C Certification Regarding Lobbying APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient or contractor, Village of Tequesta , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Subrecipi nt/cont or's Authorized Official Molly Young, Mayor Name and Title of Subrecipient/contractor's Authorized Official Date 13 Page 62 of 1094 Agenda Item #3. FDE 4. Attachment C: Certification Regarding Lobbying a. Authorized Agent fill out the following information: 1. Subrecipient's name 2. Signature of the Authorized Agent 3. Name and Title 4. Date Included below is a list of possible positions within your organization that might be appropriate to act as Authorized Agent. If your organization does not include these positions FDEM would request a copy of your organization chart to help us identify your organizational structure and ensure the correct signatories are accepted on official documents. If the subgrant agreement or other documents provided to FDEM are not signed by the lead authority within your organization then you must provide proof of delegation of authority to a different individual within your entity. This delegation of authority letter must contain the following: a. A formal letterhead of the city, county, tribe, PNP etc. b. Language indicating the delegation of authority to new employee from the organizations formal authorized agent. c. Include a citation of the entity's internal policy that grants delegation authority, describes the process and any limitations on the actions of those delegated. The delegation letter must be submitted with the signed agreement and uploaded to FloridaPA in the Sub -grant Agreement module. List of Possible Authorized Agents: • State Aaencies o Secretary o Director of the Agency • County: o Chair of the Board of Commissioners • City: o Mayor • Indian Tribe: o Chief o President • Police Department: o Chief of Police • Sheriff's Office: o Sheriff O•. Agenda Item #3. 1•. Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 65 of 1094 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 66 of 1094 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluesta y�OE Of 7�OGF� ���H. COUNT Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Unistrut Service Company Credit Application Date: January 27, 2023 561-768-0700 www.tequesta.org The Public Works Department has a need to purchase safety equipment so staff can safely access the roof at the Community Center. The Public Works Staff routinely climbs to the roof to clean drains and maintain four roof top Air Handler Units. Unistrut requires Customers complete a standard credit application. The credit application is attached here as supplemental information. Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 67 of 1094 Agenda Item #3. kEP UNISTRUT Service Company 24400 Sperry Drive, Cleveland, OH 44145 CREDIT APPLICATION (440) 348-9450 (800) 621-2508 Fax: (440) 385-0126 Emait:info aaunistrutohio.cam unlstrutohlo.com Business Name Phone # Fax # Vi I IQ e o� t es� a- del--fC9 a -0 70� 5�--Tc�8-070 Business Str et Address Accounts Payable Phone # Accounts Payable Contact 3q5 5e . 15r01--(08-OyBD SQyIe� puc(oflde- City, State and Zi ode Number of years in Business Name of President/Owner 1 ,c r.ES4-a J FL 33 � (0 9 Cos r5. e-(,emq Neh I%fU eW BUsines ILL TO Address City, State Zip Code 13(0 3rld Qoa& Business SHIP TO Address f L City, ate 33 � 69 Zip Code 13C� Grid e 200-d ups racking Comuanv Email Addressso that we can Email shipment tinfo. Your Email Address 4(.1' Type of Business (Circle all that apply) Contractor Manufacturer Distributor Proprietorship Partnership Other Gq(elYllrYieO17 / Are you tax exempt?(Indicate which applies) ✓ Yes, all purchases will be tax exempt. Blanket exemption ivIUST be attached. Yes, exemption certificates will be provided for each exempt order. None of my purchases will be tax exempt I Requested Credit Amount I S I First time Customers will be required to Prepay 50% of Order Value. If credit is granted, I understand that the terms of sale are NET 30 DAYS. In consideration of Unistrut Service Company of Ohio extending credit to the above business we do hereby agree, jointly and individually to pay for all material and labor as it applies, supplied to our company. In the event it becomes necessary for the account to be placed with a third party for collection, we agree to pay all costs, including reasonable attorney's fees and court costs. We agree to immediately notify Unistrut Service Company of Ohio of any change in address or form of said business. This instrument shall remain in force until written notice of revocation is received by Unistrut Service Company of Ohio. Digitally signed by Jeremy Allen Signature Jeremy Allen atnDte:22022.12.1308:455Vi2-05'00' Title k e Wovw Ctr Datc Printed Name Sere ti r k y-, "65 Years Supporting Industry" Page 68 of 1094 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 69 of 1094 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 70 of 1094 Agenda Item #3. Village 345 Tequesta Drive Tequesta, FL 33469 Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Verizon Connect Global Positioning System Service Order Date: January 27, 2023 561-768-0700 www.tequesta.org The Village Fleet is equipped with Verizon's Global Positioning Systems (GPS). The GPS is utilized for tracking, dispatch and maintenance. The software provides real-time visibility into vehicle location and route analytics. We are adding GPS to four (4) additional vehicles. Three (3) vehicles are new purchases and we are adding GPS to the Utilities Department front end loader. Verizon requires a standard service order form with signature. The service order form is attached to this memorandum Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 71 of 1094 Agenda Item #3. 2002 Summit Blvd., Suite 1800 Atlanta, GA 30319 Fax: (781) 5774793 Customer Service: 1-8"17-1100 Customer Service: reveal.support(&verizonconnect.com ".ve rizonconnect. com SERVICES ORDER FORM verizon,' connect GENERAL INFORMATION Order Date: Customer Reference Number: VCF Salesperson Name: Region: December 28, 2022 Patrick Nuciforo VZT Company Name: Officer or owner: Telephone: Village of Tequesta Doug Chambers (561) 768-0483 Address (Mailing or Invoicing Address): Officer/Owner Email Address: Cell Phone: 136 BRIDGE RD dchambers@tequesta.org City: State: Zip Code: Installation Contact if other than Officer/Owner: Telephone: TEQUESTA FL 33469-2714 Please advise your VCF scheduler if there are multiple shipping or Accounts Payable Contact, if other than Officer/Owner: Telephone: installation addresses Email: SUBSCRIPTION SERVICES: QUANTITY DESCRIPTION MONTHLY PER UNIT FEE MONTHLY TOTALS 3 Vehicle Tracking Subscription 18.95 USD 56.85 USD 3 Engine Connect Data Subscription 0.00 USD 0.00 USD TOTAL Monthly AMOUNT 56.85 USD Agreement Length: 12 Months from the Subscription Start Date. Excludes Applicable Taxes and Fees The "Subscription Start Date" is the earlier of (i) the date of installation of any Equipment or (ii) passage of 90 days after the date of shipment. The monthly bundled rate for is invoiced monthly on the first of the month following the month of the Subscription Start Date if Customer elects to be invoiced monthly. If Customer elects to be invoiced annually, the monthly bundled rate for twelve (12) months is invoiced as a lump sum on the first of the month following the month of the Subscription Start Date. Billing for each ordered subscription shall start at the earlier of (i) the date of installation of the applicable Equipment or (ii) the passage of 90 days after the date of shipment. ONE-TIME FEES er Occurrence): QUANTITY DESCRIPTION AMOUNT EXTENDED PRICE Total One -Time Fees 0.00 USD COVERT INSTALLATION: Unknown EXCLUDES APPLICABLE TAXES AND FEES ORDER TERMS: Customer agrees that the purchase and/or licensing of the products and/or services set forth in this order is subject to the terms and conditions in the contract between Verizon Connect NWF Inc.(VCN) (formerly Networkfleet, Inc.) and Sourcewell (formerly NJPA) (Contract #020221-NWF) that are in effect as of the date the order was received by VCN ("Sourcewell Contract"). The Sourcewell Contract terms and conditions are available at https://www.sourcewell- mn.gov/cooperative-purchasing1020221-nwf. If, in accordance with the terms of the Sourcewell Contract, Customer and VCN have executed an additional separate written agreement ("Customer Addendum") with respect to the products and/or services set forth in this order, the terms and conditions set forth in the Customer Addendum shall also apply with respect to the products and/or services set forth in this order. INSTALLATION NOTES not valid for changes to billing, payment or other contract terms). Customer Name: Village of Tequesta By (signature) 0191W1Y signed by l.,.YA,,,Date: Jeremy AI Ien Dale; 2022.12I8124236-05'00' Page 72 of 1094 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 73 of 1094 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 74 of 1094