Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 05_3/9/2023Agenda Item #5. Regular Council STAFF MEMO Meeting: Regular Council - Mar 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. Cameron H. Fockler Agreement - Parks & Recreation, $9,995.00. B. Dive Rescue International Host Agreement -Fire Department, $900.00 per student. C. Dive Rescue International RIT Host Agreement -Fire Department, $450.00 per student. D. FPL LED Lighting Removal Agreement - Public Works, $1,702.52 E. Gerelco Traffic Controls Pre-Emption Installation Contract -Fire Department, $986.00. F. Holtz Consulting Services Work Authorization -Utilities, $1,930.00. G. Inliner Solutions Proposal - Utilities, $7,725.00. H. Kimley-Horn Professional Service Agreement-DEO Community Planning Technical Assistance Grant- Administration, $3,500.00. I. Martin County Tower and Ground Space Lease -Utilities, $1,350.62 Annually. J. Mock, Roos & Associates NPDES Annual Report Assessment Work Authorization -Utilities, K. Parker Yannette Landscape Architectural Services Agreement -Public Works, $2,000.00. L. Southeastern Printing Services Estimate 23042 and 20344- Village Clerk, $3,400.00. M. Wolverine Roofing, Inc. Proposal -Public Works, $3,004.33. SUMMARY: 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. Cameron H. Fockler Agreement - Parks & Recreation, $9,995.00. B. Dive Rescue International Host Agreement -Fire Department, $900.00 per student. C. Dive Rescue International RIT Host Agreement -Fire Department, $450.00 per student. D. FPL LED Lighting Removal Agreement -Public Works, $1,702.52 E. Gerelco Traffic Controls Pre-Emption Installation Contract -Fire Department, $986.00. F. Holtz Consulting Services Work Authorization -Utilities, $1,930.00. G. Inliner Solutions Proposal - Utilities, $7,725.00. H. Kimley-Horn Professional Service Agreement-DEO Community Planning Technical Assistance Grant- Administration, $3,500.00. I. Martin County Tower and Ground Space Lease -Utilities, $1,350.62 Annually. J. Mock, Roos & Associates NPDES Annual Report Assessment Work Authorization -Utilities, K. Parker Yannette Landscape Architectural Services Agreement -Public Works, $2,000.00. L. Southeastern Printing Services Estimate 23042 and 20344-Village Clerk, $3,400.00. M. Wolverine Roofing, Inc. Proposal -Public Works, $3,004.33. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. Page 27 of 221 Agenda Item #5. PROJECT NAME: N/A BUDGET: N/A ENCUMBERED: N/A Proposed: N/A Projected Remaining: N/A PROJECTED TOTAL: 13 Items, each with individual costs This agenda item is respectfully submitted for your review and approval. Cameron H. Fockler Agreement Memo -Parks & Recreation Dive Rescue International Swift Water Host Agreement - Fire Department Dive Rescue International Rapid Intervention Techniques Host Agreement -Fire Department FPL LED Lighting Agreement -Public Works Gerelco Traffic Controls Contract -Fire Dept. Holtz Consulting Services Work Authorization -Utilities Inliner Solutions Proposal - Utilities Kimley-Horn Professional Services Agreement-DEO Community Planning Technical Assistance Grant-Admin Martin County Tower and Ground Space Modified Lease-Utiliites Mock. Roos & Associates NPDES Annual Report Assessment Work Authorization -Utilities Parker Yannette Landscape Architectural Services Agreement - Public Works Southeastern Printing Estimate 23042 & 20344-Village Clerk Wolverine Roofing, Inc. Proposal - Public Works Page 28 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta S s s;ht Ot q9h COUNT TO: Jeremy Allen, Village Manager FROM: Greg Corbitt, Parks & Recreation Director DATE: February 10, 2023 SUBJECT: Constitution Park Restroom Repairs 561-768-0700 www.tequesta.org Please find attached agreement for Constitution Park (594 Dover Road, Tequesta FL 33469) restroom repairs, to be completed by Cameron H. Fockler for $9995.00. The agreement stipulates that 50% of the balance is to be paid in advance and 50% is to be paid upon completion of the project. See attached agreement for further details. Funding for this project is budgeted and available in account 001-231-563.600. 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 29 of 221 Agenda Item #5. Cameron H. Fockler 902 Turner Quay Jupiter, Florida 33458 CGC#1512494 561-676-9098 To: Village of Tequesta 02/02/2023 Constitution Park, 594 Dover Road, Tequesta FL 33469 We agree to furnish all labor and materials for the following project: Re: Park Restroom Repairs. Contract price to include the following: * Demo existing concrete water fountain and touch up paint after removal. * Hang new water dispenser as per Requested. Plumbing by others. * Remove (1) 36" x 84" steel door and replace with a new 36" x 84" steel hollow core door. * Paint new 36" x 84" steel door and paint (1) other existing steel door to match. * Repair surface damaged sidewalk area and repaint approx. 937 sq.ft of existing concrete sidewalk around bathrooms. * Paint using Gator grip paint. Color to be determined by Park Manager. Extras Requested: • Paint (2) Tx 8' bathrooms with "Gator Grip brand paint. • Remove (1) hand dryer and patch hole left behind.. Touch up paint • Strengthen existing water fountain by adding a couple Tapcon screws. Total cost: $9,995.00 (Nine Thousand Nine Hundred Ninety Five Dollars.) Terms: 50 percent down / balance upon completion. Signature of this document constitutes agreement with terms and conditions provided herein. Jeremy Allen,,,.. 'osigned a��-0 Cameron H. Fockler (Manager) Authorized Signer for Village of Tequesta Page 30 of 221 Agenda Item #5. Cameron H. Fockler 902 'Turner Quay Jupiter, Florida 33458 CGC#1512494 561-676-9098 To: Village of Tequesta 02/27/2023 Constitution Park, 594 Dover Road, Teque= FL 33469 e agree to furnish all labor and materials for the following project: Re: Park Restroam repairs. Contract price to include the fallowing: * Demo existing concrete water fountain and touch up paint after removal. * Hang new water dispenser as per Requested. Plumbing by others. ]Remove (1) 36' x 84" steel door and replace with a anew 36" x 84" steel hollow core door. * Paint new 36" x 84" steel door and paint (1) other existing steel door to match. Repair surface damaged sidewalk area and repaint approm 937 sq.ft of existing concrete sidewalk around bathrooms. * Paint using Gator grip paint Color to be determined by Park Manager. Extras Requested: • Paint (2) 7' x 8' bathrooms with "Gator Grip brand paint. • Remove (1 ) hand dryer and patch hole left behind. Touch up paint. • Strengthen existingwater fountain by adding a couple Tapcon screws. Total cost: $9,995.00 (Nine Thousand dine Hundred [ninety Five Dollars.) Terms: 50 percent dawn f balance upon completion. .Signature of this document constitutes agreement with terms and conditions provided herein. /2-c 2 5 Cam on H. ckler (Manager) Authorized Signer for Village of TegiAesizi Page 31 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 32 of 221 Agenda Item #5. "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 33 of 221 Agenda Item #5. Village of Tequesta Department of Fire -Rescue Services �� or rgQo 357 Tequesta Drive, ��561-768-0500 Tequesta, FL 33469 * �,i * www.tequesta.org 9B RBSG James Trube, Fire Chief To: Jeremy Allen, Village Manager '�� From: James Trube, Fire Chief Date: February 16, 2023 Re: Host Agreement between Dive Rescue International and Tequesta Fire Rescue Please find attached Host Agreements between Dive Rescue International and Tequesta Fire Rescue for Swiftwater Rescue Combination featuring Swiftwater Rescue one class to be held on April 5-7, 2023 and Swiftwater Rescue two class to be held on April 10-11, 2023. The maximum class size is 20 participants. Both parties agree to abide by the terms and conditions of the agreement. The final date when the class may be canceled with no financial obligation to Dive Rescue International is March 15, 2023. The associated fees are as follows: • Tuition per student per course: $900 • Upon the registration of 15 paid participants, the hosting agency may enroll up to 5 participants at no charge. . A minimum of 10 paid tuitions will be required for this course to proceed as scheduled. 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 34 of 221 Agenda Item #5. or >=>`µ .ui= el HOSTAGREEMENT This is an agreement made on February 13, 2023 between Dive Rescue International and Tequesta Fire Rescue. We agree, and our agencies agree, to be the host forth e training course entitled Swiftwater Rescue Combination to be held in Tequesta, FL on April 5-7 & 10-11, 2023. I understand Dive Rescue International will provide the following: Qualified Instructor or Instructors. Registration of students and collection of tuition. 4, Instructor fees, travel, and expenses. Custom training materials and/or textbooks. Specialized training equipment as required for the course. Customized brochure, marketing material and support. y Screening of participants to ensure membership with a public safety agency. t• Instructor transportation to and from the airport and during his/her stay. Certificate of Completion awarded to students performing at an acceptable level. 4• A one-time 10% discount for equipment purchased from Dive Rescue International. This purchase must be made within 90 days of the class and applies to current retail prices. Host responsibilities: Complete and return all paperwork. v Act as a contact for inquiries concerning local information. eo Promote and publicize the course to other public safety agencies. Arrange for all instructional facilities which include classroom, audio/visual equipment, and training sites, as outlined in the Program Information Guide. I understand that the preferred class size for the Swiftwater Rescue Combination course is 20 participants. The tuition for this course is $900 (US Funds) per student. A minimum of 10 students is required for this class to proceed as scheduled. I understand that if I cancel the scheduled courses March 15, 2023, 1 will have no financial obligation to Dive Rescue International. However, if cancellation is made after this date, I agree to compensate Dive Rescue International for any non-refundable preparation, shipping or travel expenses. I have carefully read this statement and understand and accept my obligations as the host. Amanda Mitchell Training Program Coordinator Dive Rescue International Date Ag �yAuthorized Representative Print Name Print Title a a. Date Page 35 of 221 Agenda Item #5. DI RE IS HOST SITE INFORMATION FORM Complete this form and return to Dive Rescue International: Fax: (970) 482-0893 or Email: training@diverescueintl.com. Course title: Swiftwater Rescue Combination Date: April 5-7 & 10-11, 2023 Please provide all information as you want it to appear on the Program Flyer. Host Agency Name:- CC Ui;S ►`�S �U� Course Location (City/State or Province): TEQUE, ! �. - Shipping Address: 3 5 % L)F_Y V. F L 33 `A l Billing Contact Name: J-01N Billing Contact Phone Number: -5L I 5 1a S &j 7 Billing Contact E-mail Address:) I�OS jy0 �' %C,c;1U&S'"y( Billing Address: 3 S7 % CO LIsS'iy% �JL TC UL S'j�+ OM . Location of the First Day of Course: Building/Department:TC— uesiA i; oc. Street: 3 S 7 '% G; U&STA 'PtL . City/State/Zip: TQ ULS %n F f— 33 `16 `l Class begins at (time): 8:00 AM Contact Person (Please List Two): Name 1: �Tw*q I4-OS-f �0 Work Phone: R9 / % 4 6 OS-6-6 Cell Phone: S G Email Address: .� Name 2: Work Phone: ,SG I % 6 B. O j 6 6 Cell Phone: 5_6 / 35 V - &,� ( t Email Address: Lodging Recommendations: r Name: LA QuIVIA MNA) bV (,J) yid hoe . Hotel Phone: -575~ 712L0 Rates good through (date): � 3� Address: j � -IS � cYvq l�� 0. * Cr- -V 7 7 Group Room Rates (if applicable): n` Group Rate Listed Under: Airport Destination for Instructor: P B L 4 Drive time to airport: oI c, U11T-3 Rental Equipment Recommendation: / 0 P—C-C - L S C 0 BA C GNMI 5 61, 8 V . a 3 2.3 Other Public Safety Departments (within 100 mile radius) who may be interested in attending: Agency Name: A\ ?' .J:)J O&Vjj?�- I Address: Contact Name (if known): Phone/Email: Other Public Safety Departments (within 100 mile radius) who may be interested in attending: Agency Name: A LP-W ,Y P4 CCyIJ2a:�_ Address: Contact Name (if known): Phone/Email: Page 36 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 37 of 221 Agenda Item #5. "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 38 of 221 Agenda Item #5. Village of Tequesta Department of Fire -Rescue Services v� repo 357 Tequesta Drive OF 561-768-0500 Tequesta, FL 33469 * t,i * www.tequesta.org AlAB R85�'O James Trube, Fire Chief To: Jeremy Allen, Village Manage From: James Trube, Fire Chief �- Date: February 24, 2023 Re: Host Agreement between Dive Rescue International and Tequesta Fire Rescue Please find attached Host Agreement between Dive Rescue International and Tequesta Fire Rescue for Rapid Intervention Techniques (RIT) to be held on May 8-10, 2023. The maximum class size is 24 participants. Both parties agree to abide by the terms and conditions of the agreement. The final date when the class may be canceled with no financial obligation to Dive Rescue International is April 23, 2023. The associated fees are as follows: • Tuition per student per course: $450 • Upon the registration of 15 paid participants, the hosting agency may enroll up to 5 participants at no charge. . A minimum of 10 paid tuitions will be required for this course to proceed as scheduled. 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 39 of 221 Agenda Item #5. ey'a: t71 RA&UE HOSTAGREEMENT This is an agreement made on February 13, 2023 between Dive Rescue International and Tequesta Fire Rescue. We agree, and our agencies agree, to be the host for the training course entitled Rapid Intervention Techniques to be held in Tequesta, FL on May 8-10, 2023. I understand Dive Rescue International will provide the following: Qualified Instructor or Instructors. Registration of students and collection of tuition. Instructor fees, travel, and expenses. Custom training materials and/or textbooks. Specialized training equipment as required for the course. �• Customized brochure, marketing material and support. +b Screening of participants to ensure membership with a public safety agency. <• Instructor transportation to and from the airport and during his/her stay. Certificate of Completion awarded to students performing at an acceptable level. A one-time 10% discount for equipment purchased from Dive Rescue International. This purchase must be made within 90 days of the class and applies to current retail prices. Host responsibilities: Complete and return all paperwork. Act as a contact for inquiries concerning local information. Promote and publicize the course to other public safety agencies. Arrange for all instructional facilities which Include classroom, audio/visual equipment, and training sites, as outlined in the Program Information Guide. I understand that the preferred class size for the Rapid Intervention Techniques course is 15 participants. The tuition for this course is $450 (US Funds) per student. A minimum of 10 students is required for this class to proceed as scheduled. I understand that if I cancel the scheduled courses April 23, 2023, 1 will have no financial obligation to Dive Rescue International. However, if cancellation is made after this date, I agree to compensate Dive Rescue International for any non-refundable preparation, shipping or travel expenses. I have carefully read this statement and understand and accept my obligations as the host. Amanda Mitchell Training Program Coordinator Dive Rescue International � 23 Date e cy Authorized Representative Print Name v.wp'�4 Print Title Date Page 40 of 221 Agenda Item #5. DIVE RESIIJE HOST SITE INFORMATION FORM Complete this form and return to Dive Rescue International: Fax: (970) 482-0893 or Email: training@diverescueintl.com. Course title: Swiftwater Rescue Combination Date: April 5-7 & 10-11, 2023 Please provide all information as you want it to appear on the Program Flyer. Host Agency Name: T QuCST?A f TYLC- rc- sc U c- Course Location (City/State or Province): TL�Q UL S -) / Shipping Address: 3>7 TEN wS 114 D rL i EQL) .S 17A , )= L. 3 3 yt 2 Billing Contact Name: 70/-)�,( A /<D.S Y3 39- Billing Contact E-mail Address: J KW I)cJ & Ic:L? uC5 iM o)zC1 Location of the First Day of Course: Building/Department: 1ULS7 G 0 City/State/Zip:.j� GQS C IAA 1 U - 33 -I G `1 Contact Person (Please List Two): Billing Contact Phone Number: E 6/ S 12 S&3 7 Billing Address: 3S 7 TCUU&S i14 nn . %LC t.I. S 1"}1 (L 3) y6 e/ Street: 3 T ? I c:q tx_sT�A 'D [L Class begins at (time): 8:00 AM Name 1: To f N A KoS I XG V_ Work Phone: S6 ( 76 & L 4 Cell Phone: �6 f' S �� $ 5.7 Email Address: T, j OS 1y° Name 2: 7y PY O/4c- E Work Phone: _�_G f' 768 6 �_ G 4 Cell Phone: S 6 76 g ©S6 6 Email Address: J fo%(C- S e ' 2 UC SM • 0�4 Lodging Recommendations: Name: LP Hotel Phone: .S(G I S) j 710 Rates good through (date): Address: 7V IS j)C Aiy 1 wA� JILYTTEIZIL 33 i '77 Group Room Rates (if applicable): Group Rate Listed Under: IV //� Airport Destination for Instructor: 1) 6 T^ Drive time to airport: -�G 1-1 1l4U j-C- S Rental Equipment Recommendation: f6 r C L- L S C Ufz)4 CoN j�� S 6 Q 8 LIj ) 3 3 3 Other Public Safety Departments (within 100 mile radius) who may be interested in attending: Agency Name: AL_[L_ ) Imo( C&/Q:1 1C r Address: /�! /�_ Contact Name (if known): Phone/Email:i ---�-� Other Public Safety Departments (within 100 mile radius) who may be interested in attending: Agency Name: i C D` T4 CCY.( 1Y+C 7- Address: N 1A Contact Name (if known): 1 ' A Phone/Email: Page 41 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 42 of 221 Agenda Item #5. "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 43 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluesta veo` OF 7�0 F�a 0 ��H COUNfi Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Removal of Two Decorative Streetlight Poles Date: February 22, 2023 561-768-0700 www.tequesta.org This agenda item is in reference to the removal of Two (2) Decorative Streetlight Poles on the Northeast and Northwest Corners of Tequesta Drive and Seabrook Road. The Street Lights are owned and maintained by Florida Power and Light. The Village pays a monthly maintenance and usage fee for the life of the Streetlights. Palm Beach County installed two (2) LED Cobra Head Street Lights in the same area due to Traffic Signalization at this intersection. The Cobra Head Lights Prevent the Decorative Lights from coming on due to the photocell on top of the Decorative lights. The Decorative lights are also redundant and no longer required at this intersection. There is adequate light from Palm Beach Counties Cobra Head Streetlights. Florida Power and Light will remove the Decorative Streetlights at a cost of $1,702.52. They will safe -off the distribution wires in a recessed electrical box in the Village right of way. Once the lights are removed, the maintenance and usage costs will be removed from the 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 44 of 221 Agenda Item #5. Village's Monthly FPL Streetlight invoice. The Streetlight maintenance contract will be updated to reflect this change. Funding for this project is budgeted and available in account 001-210-543.301. Doug Chambers Director Department of Public Works Page 45 of 221 Agenda Item #5. FPL LED LIGHTING AGREEMENT FPL Account Number: 84098-22114 FPL Work Request Number: In accordance with the following terms and conditions, VILLAGE OF TEQUESTA (hereinafter called the Customer), requests on this 3RD day of February, 2023, from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of lighfing facilities at (general boundaries) Seabrooke Rd and Teguestra Dr, located in Teguesta, Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Color # # Fixture Description (�) Watts Lumens Temperature Installed Removed AMER REV 74W - 3000K - 2 III C ntalnn of availahle fixtures and the assigned billing tier for each can be viewed at www.fpl.comAed E Page 46 of 221 Agenda Item #5. Pole Description # # Installed Removed 20'ft Fiberglass Pole - 2 (b) Installation and/or removal of FPL-owned additional lighting facilities where a cost estimate for these facilities will be determined based on the job scope, and the Additional Lighting Charges factor applied to determine the monthly rate. (c) Modification to existing facilities other than described above or additional notes (explain fully): Page 47 of 221 Agenda Item #5. That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the lighting facilities described and identified above (hereinafter called the Lighting System), fumish to the Customer theelectric energy necessary for the operation of the Lighting System, and fumish such other services as are specified in this Agreement,all in accordance with the terms of FPUs currently effective lighting rate schedule on file at the Florida Public Service Commission (FPSC)or any successive lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff, and additional lighting charge in the amount of $0.00 These charges may be adjusted subject to review and approval by the FPSC. 3. To pay Contribution in Aid of Construction (CIAC) in the amount of $1.702.52 prior to FPL's initiating the requested installation or modification. 4. To pay the monthly maintenance and energy charges in accordance to the Lighting tariff. These charges may be adjusted subject to reviewand approval by the FPSC. 5. To purchase from FPL all the electric energy used for the operation of the Lighting System. 6. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file at the FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 7. To provide access, suitable construction drawings showing the location of existing and proposed structures, and appropriate plats necessaryfor planning the design and completing the construction of FPL facilities associated with the Lighting System. 8. To have sole responsibility to ensure lighting, poles, luminaires and fixtures are in compliance with any applicable municipal or county ordinances governing the size, wattage, lumens or general aesthetics. 9. For new FPL-owned lighting systems, to provide final grading to specifications, perform any clearing if needed, compacting, removal ofstumps or other obstructions that conflict with construction, identification of all non-FPL underground facilities within or near pole or trench locations, drainage of rights -of -way or good and sufficient easements required by FPL to accommodate the lighting facilities. 10. For FPL-owned fixtures on customer -owned systems: a. To perform repairs or correct code violations on their existing lighting infrastructure. Notification to FPL is required once site is ready. b. To repair or replace their electrical infrastructure in order to provide service to the Lighting System for daily operations or in a catastrophic event. c. In the event the light is not operating correctly, Customer agrees to check voltage at the service point feeding the lighting circuit prior to submitting the request for FPL to repair thefixture. IT IS MUTUALLY AGREED THAT: 11. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of an additional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities isdefined as the following: a. the addition of lighting facilities: b. the removal of lighting facilities; and c. the removal of lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs identified in FPL's currently effective lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 12. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient rights -of -way or easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL lighting facilities. Paymentshall be made by the Customer in advance of any relocation. Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements. 13, FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar illuminating capacity and efficiency. Page 48 of 221 Agenda Item #5. 14. This Agreement shall be for a term of ten (1 D) years from the date of initiation of service, and, except as provided below, shall extend thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any exterislon thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. This Agreement shall be extended automatically beyond the initial ten (10) year term or any extension thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety (90) days before the expiraton of the Initial ten (10) year term, or any extension thereof- 15, In the event lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination orbreach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cast of thefacitities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation ratesapproved by the FPSC) plus removal cost, 16. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supplyelectric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or servte shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer ofthe obligation to perform any of the terms and conditions of this Agreement- 17. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lorkouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance, and FPL shalt not have the obligation to furnish service if it is prevented from complying with this Agreementby reason of any partial, temporary or entire shut -down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repalring or making more efficient all or any part of its generating or other electrical ecIopnment- 18. This Agreement supersedes all previous Agreements or representations, eitherwritten, oral, or otherwise between the Customer andFPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties, This Agreement does not create any rights or provide any renudies to third parties or create any additional duty, obligation or undertakings by FPL to third parties. 19, In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from Its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 20, This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Customer and FPL, 21. The lighting facilities shall remain the property of FPL in perpetuity. 22. This Agreement is subject to FPUs Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric .Service andthe Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the tars of this Agreermment and the provisions of the FPL Electric Tariff or the FPSC Rules„ the provisions of the Electric Tariff and FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented. IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representativesto be effective as of the day and year first written above. Charges and Terms Accepted: VILLAGE OF TEQUESTA Customer (Print or type name of Organization) Digitally signed by Jeremy Allen gY; Jeremy A e n Date: 2023.02.1616:22:30-05'00' Signature (Authorized Representative) (Print or type name) Title: FLORIDA POWER & LIGHT COMPANY (Signature) Daniel Turbet - Customer Advisor (Print or type name) Title; FPL LT-1 Reoresentative Page 49 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 50 of 221 Agenda Item #5. "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 51 of 221 Agenda Item #5. Village of Tequesta Department of Fire -Rescue Services 357 Tequesta Drive �.orp r 561-768-0500 Tequesta, FL 33469�* www.tequesta.org •, � ae ee ess� James Trube, Fire Chief To: Jeremy Allen, Village Manager y_ From: James Trube, Fire Chief �.- Date: February 3, 2023 Re: Gerelco Traffic Controls — Contract for Intersection Installation of two pre-emption devices Please find the attached contract for the installation of two additional Traffic Pre-emption devices (at the intersections of Tequesta Drive & Seabrook Road and Tequesta Drive & Riverside 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 52 of 221 Agenda Item #5. O$iERELCO Traffic Controls February 3, 2023 ATTN: Tequesta Fire Rescue Judy Jones Email: AoJ nesr:Teguesta.org RE: Glance TIMM 500 Preemption/Priority Systems, Install Only 2 Device Glance TIMM 500 Preemption-Triority Systems Locations Tequesta Drive & Seabrook Road Tequesta Drive & Riverside Drive Approvals 0 Jr Jake Ridi ge , e Pr ident Gerelco T is trol . Inc. S986.00 No"� Jer ny Allen, Village Manager e i[lage Of 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 Tragic Controls, Inc. Jake Ridinger Vice President Jridinper!n1Gerelco.com_ 772-340-7474 560 NW Enterprise Dr. Port St. Lucie, Fl, 34986 Page 53 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 54 of 221 Agenda Item #5. "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 55 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluesta vy'O� Of io`•'fi� S s 561-768-0700 www.tequesta.org Date: February 27, 2023 To: Jeremy Allen, Village Manager From: Marjorie G Craig, PE, Director, Utilities Department ar Re: Consider Approval of Work Authorization to Holtz Consulting Engineers for $1,930 for Engineering Services Required by County Permitting for a New Water Service Connection The Village of Tequesta Utilities Department (UD) recommends approval of a work authorization to Holtz Consulting Engineers for $1,930, for engineering services for a new water service connection. Palm Beach County has a new permitting process that requires engineering plans as a part of the submittal. HCE has provided a scope and fee proposal for engineering services which include a site investigation and design services. UD staff will perform permitting through PBC and construction of the new water service. Budget summary 401-241-531.302 - Engineering Services: Budgeted amount: $ 50,000 Available amount: $50,000 Expenditure amount: $1,930 Funding source: Water Enterprise Fund Proposed Budget Project Budget Encumbered Item Remaining As needed engineering services* $50,000 $0 $1,930 $48,070 CC: David Tinoco, Water Distribution and Stormwater Superintendent Attachment Vice -Mayor Kyle Stone Council Member Laurie Brandon Mayor Molly Young Council Member Frank D'Ambra III Seat 5 - Vacant Village Manager Jeremy Allen Page 56 of 221 Agenda Item #5. VILLAGE OF TEQUESTA DATE:— 2/22/23 VILLAGE RFQ. NO.: UTIL 06-20 WORK AUTHORIZATION NO.6 FOR CONSULTING SERVICES PROJECT No. 23-UTL- G/L CODE: HOLTZ CONSULTING PROJECT NO.: PROJECT TITLE: 3450 Harbor Rd North Water Service This Work Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement for Professional Services dated September 10, 2020 between the Village of Tequesta ("VILLAGE"), and Holtz Consulting ("CONSULTANT") hereafter referred to as the Agreement. I. PROJECT DESCRIPTION The project will include engineering services for the design of a 1-inch residential water service to serve 3450 Harbor Rd North. 1' 1 C / cal The following is a description of the services to be provided under this Work Authorization. TASK 1 — SITE INVESTIGATION Under this Task the CONSULTANT will visit the project site and review existing record drawing information for utilities in the project limits as well as GIS information provided by the VILLAGE. CONSULTANT will make one (1) site visit to the area to review the project with VILLAGE staff, to confirm the locations of existing water mains, and the location of the proposed water service. Underground utility locating and marking will be performed by the VILLAGE. TASK 2 — DESIGN SERVICES CONSULTANT shall prepare design drawings for the proposed 1-inch water service for 3450 Harbor Rd North. The proposed service will connect to the existing 8-inch PVC water main across the street and will be installed via. trenchless methods under the road by VILLAGE staff. WORK AUTHORIZATION NO. HCE-U23.01 1 of 4 Page 57 of 221 Agenda Item #5. The design drawings will be prepared using aerial images as base files and no surveying services will be performed. The drawings shall consist of a cover sheet, plan sheet, and detail sheet, and shall be suitable for obtaining a right-of-way permit from the Palm Beach County Land Development. All permitting and construction shall be performed by VILLAGE staff. The drawings shall include VILLAGE standard details and no technical specifications will be required. If any surveying is required, it will be provided by the VILLAGE. III. DELIVERABLES Task 1 - Deliverables: Electronic copy of the site visit meeting minutes. Task 2 - Deliverables 1. One (1) PDF copy of the draft plans. 2. One (1) PDF copy of the final plans addressing all VILLAGE comments on the draft plans. �Yy.i�l�llJ��l Upon receipt of Notice -To -Proceed the CONSULTANT will complete the services identified in this Work Authorization within the schedule outlined in Table 1. Activity 1. Site Investigation 2. Design Services Draft Submittal Final Submittal Table 1 Schedule Time to Complete (Calendar Days) 5 days from NTP 7 days from site visit 5 days from receipt of comments on the Draft submittal Cumulative Time to Complete (Calendar Days) 5 days 12 22 The CONSULTANT will perform the tasks as outlined in the scope of services for Lump Sum Fee of $1,930 in accordance with our approved billing rates with an estimate of costs by task provided in Table 2 and further detailed in Attachment A. Monthly progress payments will be authorized based on percent complete as determined by CONSULTANT and approved by VILLAGE. WORK AUTHORIZATION NO. HCE-U23.01 2 of 4 Page 58 of 221 Agenda Item #5. Table 2 Budget Summary Description Total 1. Site Investigation $310 2. Design Services $1,620 TOTAL $1,930 1. All permitting will be performed by the VILLAGE. 2. Construction of the water service will be performed by the VILLAGE. 3. Construction services including permit close-out are not included. u The work authorized under this Work Authorization shall be performed under the terms and conditions described within the Professional Services Agreement dated September 10, 2020, by and between the Village of Tequesta ("VILLAGE") and Holtz Consulting ("CONSULTANT"). Compensation shall not exceed the hourly rates currently in effect under this Agreement. HOLTZ CONSULTING By: _ fi�;, Print Name: Stephen Fowler Title: Vice President WORK AUTHORIZATION NO. HCE-U23.01 VILLAGE OF TEQUESTA By: Date: Q 1 I -I 1 2 3 of4 Page 59 of 221 Agenda Item #5. Attachment A: Village of Tequesta - 3450 Harbor Rd. North Water Service �1tL'.'Jl17l4lSYa�R �-M M� 3 0 4 0 8 0 0 S0.00 HCE $1.930.00 MUMMOOMMU= Page 60 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 61 of 221 Agenda Item #5. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 62 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta 561-768-0700 www.tequesta.org Date: February 27, 2023 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department From: David Tinoco, Water Distribution & Stormwater Superintendent Re: Consider Approval of a Change Order with Inliner Solutions on a Piggyback Agreement of a Volusia County Contract Approved at the February Village Council Meeting for Urgent/ Emergency Stormwater Drainage Pipe Lining Repairs for an Additional $7,725 for a Total Contracted Amount of $217,188 The Utilities Department (UD) recommends approval of a change order to an exisitng contract with Inliner Solutions, Inc., approved at the February Village Council meeting. That contract is to line 715 lineal feet (LF) of stormwater (SW) pipe for a cost of $209,463, leveraging the bid pricing from a Volusia County contract. After the initial agenda package was compiled for the Council agenda, it came to our attention the criticality of lining an additional 54 LF of failing stormwater pipe located between Golfview Drive and Bunker Place in an easement. Based on the piggyback contract's unit pricing, this will be an additional $7,725. This will require an additional $7,725 from the stormwater maintenance budget but urgently needed to prevent further pipe failure before the rainy season. The contract approved at the February Council meeting will line Village owned SW drainage pipes that are failing, and will help reduce outside infiltration into the pipe, flooding, and further risk of failure (as demonstrated by the pictures attached). Staff bid out the work on several contracts and based on the lowest responsive and responsible bids received for the work, LID recommended piggybacking a Volusia County contract with Inliner Solutions for a cost of $209,463. The February Council Staff Memo listed 715 LF + 54 LF of the following SW pipes that need urgent repair before the rainy season. They are located in easements on private property and cross streets as follows: • Golfview Drive and Bunker Place (current requested addition) • Tequesta Drive and Short Avenue • Between East and Fairview West A section of Golfview Drive was previously repaired in 2021, but this project is not the same part of the pipe requested in this agenda item. That pipe was in an easement between Riverside Drive and Golfview Drive. These pipes have experienced increased failures over the past twelve months, which has led to depressions in the road, sinkholes, and sand infiltration into the pipes. A closed-circuit television inspection of the pipes revealed joint separation as the main point of failure at these locations (see attached location maps and pictures). From the videos taken, it is evident that these pipes have reached a point requiring attention before the rainy season to prevent further damage to the pipes, impairment to the very important drainage function, further damage to roads, and possible risk to private property. 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 63 of 221 Agendgnl#I i 54C.nt'd) Date: February 21, 2023 RE: Consider Approval of a Change Order with Inliner Solutions on a Piggyback Agreement of a Volusia County Contract Approved at the February Village Council Meeting for Urgent/ Emergency Stormwater Drainage Pipe Lining Repairs for an Additional $7,725 for a Total Contracted Amount of $217,188 To: Jeremy Allen, Village Manager From: David Tinoco, Distribution & Stormwater Superintendent Through: Marjorie Craig, PE, Director, Utilities Department The repair method used will be the "Cured in Place Pipe" (CIPP) also known simply as "pipe lining." CIPP is a trenchless and cost effective method to repair stormwater pipes and the option with the least inconvenience to the residents. The Village Council approved $104,000 for "Drainage Improvements 403-411-663.663" for FY23, which includes proactive pipe lining of stormwater pipes at different locations, swale restoration and miscellaneous pipe replacement. However, due to the critical condition of the pipes at the above locations, the budgeted funds will be used towards the repairs of the failing pipes. In order to complete the repairs for the original project, the Village Council approved: piggybacking Volusia County's competitively bid contract; an additional $100,000 for the project to be funded using ARPA funding, with a budget amendment to that affect; and transferring $5,463 from drainage maintenance 403-250-546.308, for a total project cost of $209,463. We are requesting that the $7,725 change order to the project be transferred from drainage maintenance and be approved. The change order will be rolled into the larger project. Due to the urgent need to line these stormwater pipes before the rainy season, the request is being made now, and the amendments will be brought forward during the Village Council's mid -year April Village Council budget amendment item. Available Budget Stormwater Repairs FY23 Amendment Transfer fromTotal Project Cost Budget FY 24 Maintenance ARPA $ Original agenda item repair estimated 715 LF SW drainage pipe lining, ranging from 18" to 48" in pipe diameter $104,000 $100,000 $5,463 $209,463 Change Order - additional 54 LF SW drainage pipe lining* $7,725* $7,725* TOTAL 1 $104,000 $100,000 $13,188 $222,651 request for a change order to the SW pipe lining contract Attachments CC: Jeff Snyder, Finance Director *this Page 2 of 5 Village of Tequeg0f 221 Agenda Item #5. 4plS O L U T 1 0 N 5 PROPOSAL DATE: 02/08/2023 SUBMITTED TO: Village of Tequesta - Utilities Department 345 Tequesta Drive Tequesta, FL 33469-0273 Attention: David Tinoco We propose hereby to furnish material and labor -complete in accordance with specifications below, for the sum of Seven thousand, Seven hundred Twenty -Five dollars and no cents Payment terms -100% within thirty (30) days upon completion and acceptance. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications below involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. We hereby submit specifications and estimates as follows: Inliner Solutions, LLC shall supply all equipment, materials and labor to perform the work as follows: DESCRIPTION CITY UNIT PRICE TOTAL 18" Diameter 0' to 100' Unit Price 0' to 2' Pipe Cover LF 54 $100.00 $5400.00 MOT Light Traffic - 2 lane road - 1 lane operation DAY 1 $375.00 $375.00 Stormwater Bypass Pumping Low Volume Pumping DAY 1 $1950.00 $1950.00 TOTAL $7725.00 NOTES: 1 Proposal based on pricing contained in contract between Inliner and Volusia County T8033 22-B-41HO 2 Inliner to be installed as per ASTM & manufacturer's specifications. 3 Payment shall be based on actual field measurements from center of inlet to center of outlet. 4 This proposal is subject to Pre -TV inspection indicating the line conditions is acceptable in installation of Inliner 5 Price quoted does not include point repairs if required prior to installing Inliner. 6 Contractor shall furnish Owner with a Final Inspection (Digital) of the rehabilitated sewer(s) Signature Va.UAdt,l,jaw>, Daniel Banken, Area Director Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will he made as outlined above. Date of Acceptance Y YY1 Digitally signed by Jeremy Allen Jeremy A e pf-f t Date: 2023.02.2215:3942-05'00' Authorized Signature 2531 Jewett Lane, Sanford, FL 327711 Office: 407-472-00141 Fax: 407-472-0097 1 inliner.com Page 65 of 221 \\ �) E \ coLO G ° 0 ) G } \ <z ) Li 0 0§ ! z it o{ 0 Agenda Item #5. ArcGIS Web Map r 71' 42" HDPE � o 0 � 154' 42" HDPE �� 106' 42" HDPE 56' 42" HDPE 1 B�pker P 0 m f 0 9/7/2022, 2:33:57 PM Map Update Form - Points Weir Need Map Update By FTC Other Q Map Updated By FTC Stormwater Gravity Main Map Update Form - Lines Palm Beach County - Service Area Parcels Need Map Update By FTC • �w Current Potable Water Service Boundary Update Verified By Staff City Boundary Stormwater Structures Service Area Boundary L Inlet b1iljgR!E6h7gg&921 Esri Community Maps Contributors, FDEP, 0 OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Bunt/ 1:564 0 0.01 0.01 0.02 mi 0 0.01 0.01 0.03 km Esri Community Maps Contributors, FDEP, C OpenStreetMap, Microsoft, Esn, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA AgendgkAH {cont'd) Date: February 21, 2023 RE: Consider Approval of a Change Order with Inliner Solutions on a Piggyback Agreement of a Volusia County Contract Approved at the February Village Council Meeting for Urgent/ Emergency Stormwater Drainage Pipe Lining Repairs for an Additional $7,725 for a Total Contracted Amount of $217,188 To: Jeremy Allen, Village Manager From: David Tinoco, Distribution & Stormwater Superintendent Through: Marjorie Craig, PE, Director, Utilities Department Page 3 of 5 Village of Tequeg f 221 AgendgkAH {cont'd) Date: February 21, 2023 RE: Consider Approval of a Change Order with Inliner Solutions on a Piggyback Agreement of a Volusia County Contract Approved at the February Village Council Meeting for Urgent/ Emergency Stormwater Drainage Pipe Lining Repairs for an Additional $7,725 for a Total Contracted Amount of $217,188 To: Jeremy Allen, Village Manager From: David Tinoco, Distribution & Stormwater Superintendent Through: Marjorie Craig, PE, Director, Utilities Department Page 4 of 5 Village of Tequeg f 221 AgendgkAH {cont'd) Date: February 21, 2023 RE: Consider Approval of a Change Order with Inliner Solutions on a Piggyback Agreement of a Volusia County Contract Approved at the February Village Council Meeting for Urgent/ Emergency Stormwater Drainage Pipe Lining Repairs for an Additional $7,725 for a Total Contracted Amount of $217,188 To: Jeremy Allen, Village Manager From: David Tinoco, Distribution & Stormwater Superintendent Through: Marjorie Craig, PE, Director, Utilities Department Inside I Bunker Pi's Yard Stormwater manhole , outside fence, ne>Y � - , , to wnrte pipe d Depression caused by failing 42" Stormwater pipe 1 \ \ Page 5 of 5 Village of Tequeg f 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 71 of 221 Agenda Item #5. "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 72 of 221 Agenda Item #5. To: From: Date: Subject Village 345 Tequesta Drive Tequesta, FL 33469 Mayor and Village Council Village Manager Allen February 23, 2023 of Tecluesta S s 561-768-0700 www.tequesta.org Professional Services Agreement; Florida Department of Economic Opportunity Community Planning Technical Assistance Grant -Mobility Plan The following agenda item is for the preparation of a Florida Department of Economic Opportunity (DEO) Community Planning Technical Assistance Grant (CPTAG) Application for the Fiscal Year 2023-2024 grant funding period. DEO is allocated funding for CPTAGs annually by the Florida Legislature to assist local governments with community planning activities. Kimley-Horn will prepare an application to request funding to offset the costs of preparing a Mobility Plan. Kimley-Horn will complete the scope of services on a Lump Sum fee basis of $3,500.00. Funding for these services is budgeted and available in account 001-160-531.324. 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 73 of 221 Agenda Item #5. Kimley>>> Horn February 8, 2023 Jeremy Allen Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Re: Professional Services Agreement; Florida Department of Economic Opportunity Community Planning Technical Assistance Grant — Mobility Plan Dear Mr. Allen: Kimley-Horn and Associates, Inc. ("Kimley- Horn" or "Consultant') is pleased to submit this letter agreement ("Agreement") to the Village of Tequesta ("Client') for the preparation of a Florida Department of Economic Opportunity ("DEO") Community Planning Technical Assistance Grant (CPTAG) Application for the FY 2023-24 grant funding period. Project Understanding DEO is allocated funding for CPTAGs annually by the Florida Legislature to assist local governments with community planning activities. The Client has requested that Kimley-Horn prepare an application for a CPTAG to request funding from DEO for the FY 2023-24 grant cycle to offset the costs of preparing a Mobility Plan. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1 — Grant Application Preparation A. Kimley-Horn will host a virtual kick-off call with the Client to understand project details and budget. B. Kimley-Horn will prepare the grant application request which will include the following components: 1) Letter Request, signed by the Village Manager or Chief Elected Official, that includes: a) The specific project and its importance to the community. b) The product that would be produced as a result of receiving the funding. c) The total amount of funding requested. 2) Scope of Work that describes: a) The deliverables. b) The due date for each deliverable. c) The minimum level of service for each deliverable. d) The anticipated cost or payment amount for each deliverable. Page 74 of 221 Agenda Item #5. Kim ey>>> Horn Page 2 3) Budget that outlines the anticipated expenditures by category and whether reimbursement for indirect costs will be sought. C. Kimley-Horn will review the draft grant application request with the Client in a virtual meeting. Kimley-Horn will make one revision to the draft grant application request following the review meeting, if necessary. Task 2 — Grant Application Submittal and Monitoring A. The Consultant will rely upon the appropriate Client representative as the responsible party for signing documents in an expeditious manner in order to meet the application deadline. B. The Consultant will email the grant application request to DEO as required under the grant. C. The Consultant will monitor the evaluation process of DEO and apprise the Client of the status of award notifications. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: In -person meetings Other tasks not specifically outlined above Information Provided by Client Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. Responsibilities of Client In addition to other responsibilities set out in this Agreement, the Client shall: Provide requested materials in a timely fashion as requested by the Consultant, including signing the application and providing it to the Consultant prior to the application deadline. Schedule Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting the 2023 deadline (the estimated deadline is early -mid April 2023). Fee and Expenses Kimley-Horn will complete the above scope of services on a Lump Sum fee basis of $3,500. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. 800 Southwest 21,1' Avenue, Suite 100, Gainesville, FL 32601 Page 75 of 221 Agenda Item #5. Kimley>>> Horn Page 3 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client' shall refer to the VILLAGE OF TEQUESTA. To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF format. A paper invoice can be provided via USPS upon request. Please provide the following information: Please email all invoices to Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please have an authorized person sign this Agreement and return to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. By: Allison Megrath, AICP, CNU-A Chris Towne, P.E. Project Manager Assistant Secretary Attachments: Request for Information; Standard Provisions VILLAGE OF TEQUESTA 09 A � Al\ ( Signature) (Name: Printed ortyped) V ACAe— (Title) ,;4,11��a"� (Date) I \ rav tl,-\ 0 C, (Email) K:1GVL MISC%New BesinessTubllc SeaoATequestaQ021ADKCPTAG Mobillly Plan4Letter Agreement_ DEO CPTAG Mobility Plan Village of Tequesta.docx Page 76 of 221 Agenda Item #5. Kimley>>> Horn Page 4 REQUEST FOR INFORMATION Please return this information with your signed contract; failure to provide this information could result in delay in starting your project Client Identification Full, Legal Name of Client Mailing Address for Invoices 3L45 j r. Contact for Billing Inquiries Contact's Phone and e-mail Client is (check one) Owner Agent for Owner Unrelated to Owner Property Identification Parcel Parcel Parcel Parcel Street Address County Property is Located Tax Assessor's Number(s) Property Owner Identification Owner 1 Owner 2 Owner 3 Owner 4 Owner(s) Name Owner(s) Mailing Address Owner's Phone No. Owner of Which Parcel #? r-unaing iaentrrication — List runaing sources Tor the rroject Attach additional sheets if there are more than 4 parcels or more than 4 owners 800 Southwest 21111 Avenue, Suite 100, Gainesville, FL 32601 Page 77 of 221 Agenda Item #5. KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS 1) Kimley-Hour's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described In this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Klmley-Horn for any Additional Services an amount based upon Kimley-Hour's then -current hourly rates plus an amount to cover certain direct expenses Including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: a. Designate in writing a person to act as its representative, such person having complete authority to transmit Instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Klmley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental Information, etc., all of which Klmley-Horn may rely upon. d. Arrange for access to the site and other property as required for Klmley-Horn to provide its services. e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Klmley-Hom. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. h. Give prompt written notice to Klmley-Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that Klmley-Horn does not control. If such delay or suspension extends for more than six months, Klmley-Hour's compensation shall be renegotiated. 4) Method of Payment. Client shall pay Klmley-Hom as follows: a. Invoices will be submitted periodically for services performed and expenses Incurred. Payment of each Invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Hom and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. if the Client fails to make any payment due under this or any other agreement within 30 days after Kimley-Hour's transmittal of Its invoice, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. b. If the Client relies on payment or proceeds from a third party to pay Klmley-Horn and Client does not pay Kimley-Horn's Invoice within 60 days of receipt, Kimley-Ham may communicate directly with such third party to secure payment. c. If the Client objects to an invoice, it must advise Klmley-Horn In writing giving Its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing, If the Client objects to only a portion of the invoice, payment for all other portions remains due, d. If Kimley-Horn Initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Hom's normal hourly billing rates, of the time devoted to such proceedings by its employees. e. The Client agrees that the payment to Kimley-Hom is not subject to any contingency or condition. Kimley- Horn may negotiate payment of any check tendered by the Client, even If the words "in full satisfaction" or words Intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Klmley-Horn to collect additional amounts from the Client. 5) Use of Documents. All documents and data prepared by Kimley-Hom are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not Intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of Klmley-Horn's documents, or any reuse of the documents without written authorization by Kimley-Hom will be at the Client's sole Rev 1212022 Page 78 of 221 Agenda Item #5. risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn's electronic files and source code remain the property of Kimley-Hom and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern. 6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates ("Intellectual Property") in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn's services include providing Client with access to or a license for Kimley-Horn's (or its affiliates') proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley- h orn.com/k hts-softwa re -I ice nse-ag reeme nt ("the License Agreement") which terms are incorporated herein by reference. 7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment, or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids, or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. B) 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, or upon thirty days' written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination. 9) Standard of Care. The standard of care applicable to Kimley-Horn's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley- Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Klmley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Hom under this Agreement or $50,000. whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. 12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third -party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution. Kimley-Horn shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate Rev 12/2022 Page 79 of 221 Agenda Item #5. to facts of which Kimley-Horn does not have actual knowledge, or that would cause Klmley-Horn to violate applicable rules of professional responsibility. 14) Dispute Resolution. All claims arising out of this Agreement, or Its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. 15) Hazardous Substances and Conditions. Kimley-Hom shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Klmley-Hom's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for Isolation, removal, or remedlation. Klmley-Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Hom actually becomes aware. Klmley-Hom may stop affected portions of Its services until the hazardous substance or condition is eliminated. 16) Construction Phase services. a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Klmley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Hom's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by IGmley-Hom. Kimley-Mom neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it In the construction contract that are not expressly provided for In this Agreement The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall Indemnify the Client and Klmley-Horn for all claims and liability arising out of job site accidents; and that the Client and Klmley-Horn shall be made additional Insureds under the contractor's general liability Insurance policy. 17) No Third -Party Beneficiaries. Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and Kimley-Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Hom. The Client shall not assign or transfer any rights under or Interest In this Agreement, or any claim arising out of the performance of services by Klmley-Hom, without the written consent of Klmley-Horn. Klmley-Horn reserves the right to augment Its staff with su bconsultants as It deems appropriate due to project loglsfics, schedules, or market conditions. If Klmley-Horn exercises this right, Kimley-Ham will maintain the agreed -upon billing rates for services Identified in the contract, regardless of whether the services are provided by In-house employees, contract employees, or Independent subconsullants. 18) Confidentiality. The Client consents to the use and dissemination by Kimley-Morn of photographs of the project and to the use by Kimley-Hom of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically Identified In writing by the Client as confidential, Klmley-Horn shall use reasonable care to maintain the confidentiallty, of that material. 19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Hom. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms Included in the registration or use of the online vendor portal that are Inconsistent or in addition to these terms shall be void and shall have no effect on Kimley-Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be Ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 20) PURSUANT TO FS 558.0035, EMPLOYEES OF KIMLEY-HORN MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. Rev 1212022 Page 80 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 81 of 221 Agenda Item #5. "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 82 of 221 Agenda Item #5. Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 561-768-0700 www.tequesta.org Date: February 14, 2023 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department do From: David Tinoco, Water Distribution & Stormwater Superintendent Dennis Rick, Utility Billing & Customer Service Manager Re: Consider Approval of Modified Lease Agreement with Martin County for an AMI Tower in the Park at the County Line City Community Center - Meter/ Billing Enhancement This lease agreement was originally approved at the January Village Council meeting on the Consent Agenda but has been slightly modified to update the first month rent is due and adding "tower" and "shelter" to clarify the language in sections 3a and 3b. The first month's rent is now due January 1st instead of November as recorded in the previous agreement. The agreement with Martin County allows installation of Village of Tequesta AMI metering equipment on an existing tower in the park at the County Line City Community Center located at 18530 Southeast County Line Road, in Martin County. A gap in customer data collection due to a frequency issue required installation of base station equipment in that location, as determined by a propagation study. The equipment will be installed by two of our vendors: Core and Main and Sensus, at no cost to the Village, to resolve the frequency issue. This will increase AMI meter billing effectiveness by reducing manual meter reads by about 300 meters, since those meters are currently not communicating with the two existing tower bases. Attachment 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 83 of 221 Agenda Item #5. TOWER AND GROUND SPACE LEASE THIS TOWER AND GROUND SPACE LEASE ("Lease") is made this -21 day of act ALk r 2022, by and between MARTIN COUNTY, a political subdivision of the State of Florida, with a mailing Address of 2401 SE Monterey Road, Stuart, FL 34996, ("Landlord"), and THE VILLAGE OF TEQUESTA, a Florida municipal corporation existing under the laws of the State of Florida, with a mailing address of 345 Tequesta Dr., Tequesta, FL 33468 ("Tenant"). RECITALS WHEREAS, Landlord is the owner of certain real property and an associated tower facility as described herein; and WHEREAS, Landlord is authorized pursuant to Section 125.35, Florida Statutes, to lease real property owned by Landlord to other government agencies whenever Landlord determines that it is in its best interest to do so; and WHEREAS, Tenant desires to occupy space on Landlord's real property, tower facility and shelter space. NOW THEREFORE, in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and hereby restated in their entirety. 2. Pro e . Landlord is vested with title to the property located at 18530 SE County Line Road, Tequesta, FL 33469 as depicted on Exhibit "A" attached hereto and made a part hereof which houses a telecommunications tower and shelter space (hereinafter referred to as the "Site"). 3. Demise of Premises. Landlord, in consideration of the terms, covenants, conditions and agreements set forth in this Lease to be kept and performed by Tenant, hereby leases to Tenant and Tenant does hereby lease from Landlord the following described Premises: (a) "Tower Space" and "Tower" Current attachments are located at 140 feet, 145 feet and 170 feet on the 250-foot Tower, Tenant's attachments will be located between 100 and 120 feet as hereinafter defined, for the placement and affixing of antennas and lines in accordance with Tenant's needs, subject to the structural limitations of the Tower. Any and all future modifications to Tenant's Tower Space shall be governed by Section 4 of the Lease. (b) "Shelter Space" and "Shelter" One-half a rack of space within the shelter currently located on the Site, adjacent to the base of the Tower, for the placement of radio station equipment and access to a line bridge structure. The Tower Space and the Shelter Space are collectively referred to hereinafter as the "Premises". (c) In addition to the Premises, Landlord agrees to convey to Tenant an approximately fifteen (15) foot wide access easement to enter and access the Premises from the parking lot on Landlord's surrounding real property, which access easement is attached hereto as Exhibit "B". Tenant shall be responsible for recording the easement in the Public Records of Martin County, Florida at its sole cost and expense. 4. Use of Premises. The Premises shall be used by Tenant solely for the (i) transmission and receipt of wireless communication signals in the 900 MHz frequency band, and (ii) installation and maintenance of Tenant's communications antennas, attachments, and SCADA receiver. Any changes to the existing improvements located on the Premises shall be subject to Landlord's prior approval through its County Administrator, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall be solely responsible for any damage caused by the installation or maintenance of its antennas, attachments, and receivers. 5. Term. The term of this Lease shall be five (5) years commencing on August 31, 2022, and expiring on August 31, 2027 (the "Term"). Tenant shall have the right to extend this Lease for two (2) additional five (5) year terms ("Extension Periods"). Each Extension Period shall be on the same terms and conditions as set forth in this Lease with such annual rent increases as contemplated herein. This Lease shall automatically be renewed for each Extension Period unless Tenant notifies Landlord of Tenant's intention not to extend the Lease at least six (6) months prior to the expiration of the Term (or six (6) months prior to the expiration of the Extension Period as the case may be). Unless the case dictates otherwise, all references to the "Term" of this Lease shall be deemed to include the initial term (August 31, 2022 to August 31, 2027) and any Extension Period that may then be in effect. 6. Rent. (a) Tenant's Rent. Tenant's annual rent for the Premises shall be One Thousand Three Hundred and Fifty Dollars and Sixty -Two cents ($1,350.62), which Tenant shall pay to Landlord in annual installments in advance on the first day of each January of the Term of this Lease, without deduction, offset, prior notice or demand. Rent payments shall commence on January 11, 2023. (b) Annual Rent Increases. All rental payments contemplated above shall increase by tRAg$ 4L40 tf 221 (I%) annually heoinnino, on the first clay of Sentemher 2O?.l- Agenda Iteq> 5. Manner of Payment. All rental installments shall be paid in lawful money of the United States to Landlord, in care of Landlord's Real Property Manager at the address set out in Paragraph 25 of this Lease entitled "Notices," or such other address as shall be designated from time to time in writing by Landlord. (d) Privilege Tax. At the time of paying rent, Tenant shall also pay Landlord the privilege tax levied under Section 212.031, Florida Statutes, if applicable, in the amount that may be required by that law from time to time, the current amount being six percent (6.00%). (e) Additional Rent. All taxes, charges, costs, and expenses that Tenant assumes or agrees to pay under this Lease, together with all interest and penalties that may accrue thereon in the event of the failure of Tenant to pay those items, and all other damages, costs, expenses and sums that Landlord may suffer or incur, or that may become due, by reason of any default of Tenant or failure by Tenant to comply with the terms and conditions of this Lease, shall be deemed to be additional rent, and, in the event of nonpayment, Landlord shall have all of the rights and remedies provided by law and under this Lease for failure to pay rent. 7. Construction of Improvements. Landlord has caused to be constructed at the Site a 250-foot-tall self- supporting tower (herein referred to as the "Tower") having sufficient strength and durability for its use by Landlord and Tenant as provided herein. Tenant shall cause any and all future work on the Tower Tenant might undertake, to be performed free of liens, in a good and workmanlike manner, and in compliance with all applicable laws and ordinances. Tenant shall ensure that any liens which do arise as the result of work for which Tenant is responsible to be promptly satisfied by payment or invalidated and released of record through appropriate judicial action. 8. Ownership of Improvements. The Tower, and future improvements shall become the property of Landlord without the necessity for any separately documented bill of sale, and Tenant agrees that Landlord is an intended third - party beneficiary of Tenant's construction of any improvements on the Tower or on the Site. Landlord's Building shall be the personal property of Landlord. Tenant's equipment, fixtures and all personal property located on the Premises shall be Tenant's personal property whether or not said items are considered fixtures and attachments to real property under applicable Laws, and Tenant shall remove said personal property Tenant prior to the termination of this Lease. Tenant's removal of Tenant's personal property shall be done in manner that will restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. Any and all of Tenants improvements shall not impact Landlords existing tower and equipment. 9. Tower Maintenance. Tower maintenance shall be the responsibility of the Landlord with the exception of any additional equipment provided and installed by the Tenant. 10. Aviation Hazard Marking. As additional consideration for this Lease, and throughout the duration of this Lease, Tenant shall, at Tenant's sole cost and expense, comply at all times with the Tower marking, lighting, recording, and notification requirements of the Federal Communications Commission and the Federal Aviation Administration. Tenant shall keep and maintain, in good working condition, any and all lighting facilities located on the Tower. 11. Taxes. Tenant shall pay any personal property taxes levied against Tenant's property and Tenant's base station equipment. Landlord shall pay any real estate taxes and assessments attributable to the land underlying the Premises, and any personal property taxes levied against the Tower, Landlord's Building, and Landlord's base station equipment. 12. Compliance with Laws. Tenant shall, at Tenant's cost and expense, comply with all federal, state, county or local laws, rules, regulations, ordinances, directives, covenants, easements, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) now or hereafter in effect. 13. Indemnification/Insurance/Casualty, and Condemnation. (a) Commercial General Insurance. Tenant shall procure and maintain in force at its expense during the Term of this Lease, Commercial General insurance adequate to protect Landlord against liability for any and all damage claims in a minimum amount of One Million and No/100 Dollars ($1,000,000.00) per claim for bodily injury and property damage and an aggregate amount of Three Million and No/100 Dollars ($3,000,000.00). A certificate of insurance evidencing such insurance and listing Landlord as an additional named insured shall be provided to Landlord prior to utilization of the Premises and will be provided annually with payment of rent. Such policy shall be non -cancelable with respect to Landlord except upon thirty (3 0) days' prior written notice to Landlord. Throughout the Term of the Lease, but not more often than once every five years, Landlord shall have the right, but not the obligation, to require Tenant to increase the liability insurance minimums required by this paragraph to amounts that are then reasonable to cover the insured risks. (b) Worker's Compensation Insurance. Tenant agrees to take out and maintain, during the term of this Lease, applicable worker's compensation insurance for all its employees employed in connection with the business operated under this Lease. Such insurance shall fully comply with the Worker's Compensation Law, Chapter 440, Florida Statutes. The workers compensation insurance policy required by this Lease shall also include Employef1§1 gfaMHty. 221 Tenant Anll nrnvirla nrnnf of uinrlrar'c emmnanentinn inenrnnre nc rennirarl by law if annlinnhla Agenda Item ,�5. "All Risk" Hazard Insurance. In recognition of the significant costs associated with procuring "all risk" hazard insurance for the replacement value of the improvements on the Premises, Tenant shall only be required to obtain such insurance in an amount sufficient to provide for demolition and clearance of the improvements made by Tenant. Landlord shall be named as an additional insured party and any claims shall be made jointly payable to the Tenant and Landlord. Any policy under this section also shall be non -cancelable as to Landlord, except upon thirty (30) days' written notice. (d) Builders Risk Insurance. In the event Tenant undertakes any improvements or modifications to the existing improvements located on the Premises, Tenant shall require that Tenant's construction general contractor ("GC") shall purchase and maintain property insurance (Builders Risk) upon the work under GC's contract with Tenant at the site consistent with the requirements set forth above. Any deductible maintained on such insurance shall be the responsibility of the GC. This insurance shall include the interests of Landlord, Tenant, the GC and subcontractors in the work and shall ensure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage, including theft, vandalism and malicious mischief. Similar coverage will be obtained by the GC for portions of the Work in transit. Landlord shall be named an additional insured under the insurance required by this paragraph. (e) Removal of Debris. If the Premises or any part thereof shall be damaged by fire, the elements, or other casualty, the Tenant shall promptly remove all debris resulting from such damage from the Premises, and Tenant shall promptly take such actions and cause such repairs to be made to the Premises as will place the Premises in a neat and orderly condition and as are necessary for the safety of persons entering upon the Premises. To the extent, if any, that such measures are covered by any insurance obtained by Tenant, the proceeds thereof shall be made available to the Tenant for such purpose. If the Tenant shall fail to promptly comply with the provisions hereof, then the Landlord may, upon prior notice to Tenant, take such measures as it deems necessary to render the Premises in a neat, orderly and safe condition, and the Tenant shall be responsible for any costs expended by the Landlord in connection therewith. (f) Damage to or Destruction of the Premises. If the Premises or any part thereof shall be destroyed or so damaged by fire, the elements, or other casualty as to render the Premises untenantable or unusable, then: (1) The Tenant shall have an option to make the necessary repairs or replacements for the restoration thereof in accordance with the plans and specifications as the same existed prior to such damage or destruction, provided that the Tenant within forty-five (45) calendar days after the occurrence of such damage or destruction notifies the Landlord in writing that it elects to exercise its option to make the necessary repairs or replacements. If the Tenant elects to make such repairs or replacements, it shall commence such repair or replacement within six (6) months from the date of such destruction. If the Premises has been completely destroyed, Tenant shall commence construction within one (1) year from the date of such destruction. Landlord, in its sole discretion, may grant extensions to the above time periods upon request from Tenant. Provided, however, in no event shall tower operations be discontinued for more than two (2) years. (2) If the Tenant fails to notify Landlord in writing of its intention to make the necessary repairs or replacements within the forty-five (45) day period provided in subparagraph (1) of this subsection (f), or Tenant does not elect to make such repairs and replacements, then this Lease shall terminate upon the earlier of: (i) the expiration of seventy-five (75) calendar days from the occurrence of such destruction or damage; or (ii) the date established by written notice by the Landlord to the Tenant. (g) Landlord's Negligence. Except for its negligence or the negligence of its officers, employees, or agents, and except for damage caused by the breach by Landlord of its covenant of quiet enjoyment, Landlord shall not be responsible or liable for any damage or injury to any property, fixtures, building, or other improvements, or to any person or persons, at any time on the Premises, including any damage or injury to Tenant or to any of Tenant's officers, agents, servants, employees, contractors or sub -tenants. (h) Tenant's Indemnification of Landlord. Tenant shall indemnify and save harmless Landlord from and against any and all claims, liabilities, loss or damage, penalties or judgments arising from injury to person or property sustained by anyone in and about the Premises resulting from any act(s) or omissions(s) of Tenant, or Tenant's officers, agents, servants, employees, or contractors. Further, Tenant shall, at its own cost and expense, defend any and all suits or actions (just or unjust) which may be brought against Landlord or in which Landlord may be impleaded with others upon any such matter, claim or claims, except as may result from the acts described in the preceding paragraph. This indemnification obligation shall survive the expiration or earlier termination of the Lease. Notwithstanding any provision to the contrary set forth above, neither Party shall be liable to the other, or any of their respective agents, representatives or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 14. Interference. Landlord hereby reserves the right to construct, maintain, repair and operate its own communications facility on the Tower. All improvements, equipment, antennas and conduits which Landlord wishes to place on the Tower shall be at Landlord's own cost and expense and Landlord's installation shall be at tlPqgsPc1§§041f 221 nnrl nntinn of Lnnrllnrrl T.nndlnrd shall have the. right to renlnce rennir add nr ntherwke mndifv its utilities_ enninment_ A%RpAR 1J c[A JPriduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto. Both Landlord and Tenant agree, each with the other, to install only such equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of the other or other lessees located on the Tower. In the event any equipment causes such interference, and after the offending party has received notice from the non -offending party, in writing, of such interference, the offending party will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at non - offending parry's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will either party be entitled to terminate the Lease or relocate the equipment as long as offending party is making a good faith effort to remedy the interference issue. The parties hereto agree that all sub -tenants who currently have or in the future take occupancy on the Tower will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of any other party on the Tower. 15. Subleasing. Tenant shall not be permitted to sublease the Tower Space, the Shelter Space, any potion of the Premises or any of Tenant's interest under this Lease. Any such sublease or attempt to sublease shall constitute an event of default by the Tenant. 16. Default; Termination. (a) In the event there is a breach by Tenant with respect to any of the provisions of this Lease or its obligations under it, including the payment of rent, Landlord shall give Tenant written notice of such breach. After receipt of such written notice, Tenant shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided Tenant shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Tenant commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. Landlord may not maintain any action or effect any remedies for default against Tenant unless and until Tenant has failed to cure the breach within the time periods provided in this Paragraph. (b) In the event there is a breach by Landlord with respect to any of the provisions of this Lease or its obligations under it, Tenant shall give Landlord written notice of such breach. After receipt of such written notice, Landlord shall have thirty (30) days in which to cure any such breach, provided Landlord shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Landlord commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. Tenant may not maintain any action or effect any remedies for default against Landlord unless and until Landlord has failed to cure the breach within the time periods provided in this Paragraph. 17. Remedies. Upon a default, the non -defaulting party may at its option (but without obligation to do so), perform the defaulting parry's duty or obligation on the defaulting party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting party shall be due and payable by the defaulting party upon invoice therefor. In the event of a default by either party with respect to a material provision of this Lease, without limiting the non -defaulting party in the exercise of any right or remedy which the non -defaulting party may have by reason of such default, the non -defaulting party may terminate the Lease and/or pursue any remedy now or hereafter available to the non -defaulting party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, that the equitable remedy of specific performance is hereby waived by both parties; and provided, further, however, that Tenant will not assert any claim whatsoever against Landlord for loss of anticipatory profits or any other indirect, special, incidental or consequential damages incurred by Tenant as a result of the construction, maintenance, operation or use of the Premises. If the non -defaulting party performs any of the defaulting parry's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by the non -defaulting party shall immediately be due and owing by the defaulting party to the non -defaulting party, and the defaulting party shall pay to the non -defaulting party upon demand the full undisputed amount thereof with interest thereon from the date of payment at the rate of ten percent (10%) per annum. Upon a default by Tenant, Landlord may, at Landlord's option, elect to: (a) re-enter the Premises and remove all persons and property therefrom, either by summary proceedings or by any appropriate action or proceeding at law; and/or (b) terminate this Lease by giving ten (10) days prior written notice to Tenant electing to terminate, whereupon, the terms of this Lease shall expire with the expiration of the referenced ten (10) days' notice, and Tenant shall quit and peacefully surrender the Premises to Landlord, removing all of Tenant's personal property from the Premises. 18. Attorney Fees and Expenses. The parties expressly agree that each party will bear its own atOM 'It"f 221 and court costs incurred in connection with this Lease. Agenda jterr & Enjoyment. Landlord hereby covenants that Tenant shall have quiet and peaceful enjoyment of the Premises throughout the Term of this Lease as long as Tenant is not in default hereunder. 20. Title, Access and Authority. Landlord warrants and represents that: (i) Landlord has the full right, power, and authority to execute this Lease; (ii) Landlord has good and marketable fee simple title to the Premises; and (iii) the Premises is served by legal access from a public roadway and the Tenant shall have free access to the Premises at all times for the purpose of installing and maintaining the Tenant's equipment; provided, however, that only authorized engineers, employees or properly authorized contractors of Tenant or persons under Tenant's direct supervision will be permitted to enter the Premises. Tenant warrants and represents that: (i) Tenant has the full right, power, and authority to execute this Lease; and (ii) Tenant shall permit only authorized engineers, employees or properly authorized contractors of Tenant or persons under Tenant's direct supervision to enter the Premises. 21. Assignment. Landlord and Tenant agree and acknowledge that this Lease may not be assigned or transferred by Tenant without any approval or consent of the Landlord but only to the Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Lease may not be sold, assigned or transferred without the express written consent of theLandlord through its County Administrator, which such consent will not be unreasonably withheld, delayed or conditioned. 22. Environmental Covenant. Tenant hereby covenants that Tenant's use of the Premises shall never result in the spilling, dumping, or transmission of any hazardous waste or hazardous substance into or upon the Property. Tenant agrees to bear full responsibility for curing any breach of this covenant by causing all necessary cleanup and recovery of such substances to be performed to the satisfaction of the appropriate governmental authorities at Tenant's sole cost and expense. This covenant shall survive the expiration or earlier termination of this Lease, and shall apply with equal force and effect to contamination discovered subsequently thereto, if the same is attributable to Tenant's historical presence on the Property. 23. Subordination. This Lease shall not under any circumstance be made subordinate to any institutional financing obtained by Tenant or any other legal document or arrangement entered into by Tenant. 24. Notices. All notices required or permitted under this Lease shall be in writing and shall be deemed effective upon personal delivery, or three (3) days after being deposited in the U.S. Mail, registered or certified, and postage prepaid, or one (1) day after being deposited with a recognized overnight delivery service. Such notices shall be addressed to the party at the addresses shown below, or at such other address or addresses as either party shall designate to the other in writing in accordance with this paragraph: As to Landlord: Martin County ATTN: County Administrator 2401 SE Monterey Road Stuart, Florida 34996 Phone: 772-288-5400 With a Copy to: Martin County ATTN: Real Property Manager 2401 SE Monterey Road Stuart, Florida 34996 Phone: 772-221-2354 Real_Propenly@martin.fl.us As to Tenant : Village Of Tequesta ATTN: Village Manager C/O Utilities Director 345 Tequesta Drive Tequesta, Florida 33469 utilities@tequesta.org; mcraig@tequesta.org Phone: 561-768-0700 25. Memorandum of Lease. Each of the parties to this Lease will, promptly upon request of the other, execute a Memorandum of this Lease in form suitable for recording, setting forth such information regarding this Lease as either party may reasonably require. Paqe 88 of 221 26. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, stal"utory or A"ndiaeltemeftg the property of Tenant, and Landlord gives Tenant the right to remove all or any portion of same from time to time. 27. Miscellaneous. A. If any provision of this Lease shall be determined to be unenforceable or invalid, the same shall be struck from this Lease and the balance of this Lease shall not be affected thereby and shall be valid and enforced to the fullest extent permitted by law. B. The captions contained herein are for convenience and reference only and shall not be deemed a part of this Lease. C. This Lease shall be construed and governed in accordance with Florida law. Venue of any action arising out of this Lease shall be in Martin County, Florida. The parties to this Lease have participated fully in the negotiation and preparation in this Lease and, accordingly, this Lease shall not be more strictly construed against one of the parties to this Lease. D. Landlord shall not be deemed, by virtue of this Lease or any action taken hereunder, to have become a partner o(r) joint venture with Tenant. E. This Lease may not be changed or modified except by an agreement in writing signed by the parties. F. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. G. If either party is represented by a broker in this transaction, that party shall be fully responsible for any such fee due such broker. H. All prior and contemporaneous oral and written representations and communications between the parties are superseded by and merged into this Lease, and do not form the basis of any bargain which differs from the express provisions hereof. 1. LANDLORD AND TENANT EXPRESSLY AND SPECIFICALLY WAIVE THE RIGHT TO A JURY TRIAL, INCLUDING AN ADVISORY JURY, IN ANY WAY CONNECTED WITH THIS LEASE. 28. RADON GAS: RADON IS A NATURALLY OCCURING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. 29. Tenant's Duties Regarding Public Records. Tenant must provide public access to all records concerning this Lease according to applicable Florida laws including Chapter 119, Fla. Stat. If the Tenant asserts any exemptions to Florida's public record laws, the Tenant has the burden of establishing and defending the exemption. IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, CONTACT LANDLORD'S CUSTODIAN OF PUBLIC RECORDS AT (772) 419-6959, PUBLIC _RECORDS@MARTIN.FL.US, MARTIN COUNTY, ATTN: PUBLIC RECORDS LIAISON, 2401 SE MONTEREY ROAD, STUART, FL 34996 (SIGNATURE PAGE FOLLOWS) Page 89 of 221 Agenda Item #5. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. ATTEST: LANDLORD: BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA CAROLYN TIMMANN, CLERK OF THE DOUG SMITH, CHAIRMAN CIRCUIT COURT AND COMPTROLLER Date: , 2022 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SARAH W. WOODS, COUNTY ATTORNEY 11 Page 90 of 221 Agenda Item #5. TENANT: VILLAGE OF TEQUESTA � CA Q , "-a� JE MY ALLEN, VILLAGE MANAGER Date: J wi L( OX � � , 2023 1? Page 91 of 221 Agenda Item #5. Exhibit A The Property 13 Page 92 of 221 Agenda Item #5. MARTIN COUNTY, STUART, FLORIDA 2401 S.E. MONTEREY ROAD PHONE NO. 772-288-5927 DWG. NAME: 22-027.DWG I M.C. PROJ. NO. 22-027 1 SHEET NO. 1 OF 3 SURVEYOR'S NOTES I* \gLlllll.� I�IN THIS SKETCH AND LEGAL DESCRIPTION IS BASED ON PLAT OF RIVER RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 22, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA. 2. THIS LEGAL DESCRIPTION SHALL NOT BE VALID: A. UNLESS PROVIDED IN ITS ENTIRETY CONSISTING OF SHEETS 1, 2 AND 3, SHEET 3 BEING A SKETCH. B. WITHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR. 3. BEARING BASIS IS SOUTH 88048'50" EAST ALONG THE NORTHERLY LINE OF PARCEL F OF SAID PLAT, ALSO BEING THE NORTH LINE OF SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST AND ALL OTHERS ARE RELATIVE TO SAID BEARING. THE PURPOSE OF THIS SKETCH AND DESCRIPTION IS TO DESCRIBE A LEASE PARCEL. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 6. THIS IS NOT A SURVEY AND DOES NOT DEFINE OWNERSHIP OR ENCROACHMENTS. 7. PROPERTY, TRACT, AND PARCEL LINES SHOWN ARE APPROXIMATE IN NATURE AND NOT TO BE RELIED UPON FOR LAND POSITIONING OR DETERMINATIONS. 8. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 9. LEGEND: CB=CHORD BEARING, CH=CHORD LENGTH, L=LENGTH, ORB=OFFICIAL RECORDS BOOK, PB=PLAT BOOK, PCN=PARCEL CONTROL NUMBER, PG=PAGE, POB=POINT OF BEGINNING, POC=POINT OF COMMENCEMENT, SQFT=SQUARE FEET, O=DELTA (CENTRAL ANGLE). THIS DOCUMENT MAY BE REPRODUCED UPON REQUEST IN AN ALTERNATIVE FORMAT BY CONTACTING Tln COUNTY ADA COORDINATOR (772) 320-3131, THE COUNTY ADMINISTRATION OFFICE (772) 288-5400, FLORIDA RELAY 711, OR BY COMPLETING OUR ACCESSIBILITY FEEDBACK FORM AT WWW.MARTIN.FL.US/ACCESSIBILITY-FEEDBACK. TOWER LEASE PARCEL VILLAGE OF TEQUESTA MARTIN COUNTY, FLORIDA SURVEYOR AND MAPPER IN RESPONSUBLE CHARGE THOMAS M. WALKER, JR., PSM MARTIN COUNTY SURVEYOR PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. PSM 6875 DATE: SUPERVISED BY: TMW DRAWN BY: JMM I SCALE: N/A DATE: 7/12/2022 DRAWING # 22-027A Page 93 of 221 Agenda Item #5. MARTIN COUNTY, STUART, FLORIDA 2401 S.E. MONTEREY ROAD PHONE NO. 772-288-5927 DWG. NAME: 22-027.DWG I M.C. PROJ. NO. 22-027 ISHEETNO. 2 OF 3 III \�I ME IIII91 DESCRIPTION A PARCEL OF LAND LYING IN PARCEL F, PLAT OF RIVER RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 22, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL F, ALSO BEING THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST; THENCE SOUTH 88°48'50" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL F, ALSO BEING THE NORTHERLY LINE OF SAID SECTION 23, A DISTANCE OF 162.65 FEET; THENCE SOUTH 01 ° 11' 10" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88048'50" EAST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 01° 11' 10" EAST, A DISTANCE OF 100 FEET; THENCE SOUTH 88048'50" WEST, A DISTANCE OF 100 FEET; THENCE NORTH 01011' 10" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 10,000 SQUARE FEET, (0.23 ACRES) MORE OR LESS. NOTE: THIS IS NOT A SURVEY. THIS SHEET IS NOT VALID WITHOUT SHEETS 1 AND 3. TOWER LEASE PARCEL VILLAGE OF TEQUESTA MARTIN COUNTY, FLORIDA SUPERVISED BY: TWM DRAWN BY: JMM I SCALE: N/A DATE: 7/12/2022 DRAWING # 22-027A Page 94 of 221 Agenda Item #5. MARTIN COUNTY, STUART, FLORIDA 2401 S.E. MONTEREY ROAD PHONE NO. 772-288-5927 DWG. NAME: 22-027.DWG I M.C. PROJ. NO. 22-027 SHEET NO. 3 THIS MAP IS INTENDED TO BE DISPLAYED ATA SCALE OF 1 "=50' OR SMALLER. IEXHMIT _ STATE OWNED P®c -\ PROPERTY NORTHEAST CORNER OF PARCEL F PCN: 14-40-42-000-000-00010-7 AND SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST 14 13 BEARING BASIS S88048'50"W 162.65' NORTHERLY LINE OF PARCEL F AND SECTION 23 S01011'10"E 20.00' POB SE N01011'10"W 100.00, N88048'50"E 100.00' 23 T 24 TOWER LEASE PARCEL 10,000 SQFT (0.23 ACRES)± MARTIN COUNTY )-T OWNED PROPERTY ORB 1107, PG 122 I I PCN:23-40-42-002-006-00000-5 + + PARCEL F PB 8, PG 22 I / t-/ Cp \_ TY VIEDG LINE R PB 8 pG ZORwR OAD NOTE, THIS IS NOT A SURVEY. THIS SHEET IS NOT VALID WITHOUT SHEETS 1 AND 2. TOWER LEASE PARCEL VILLAGE OF TEQUESTA MARTIN COUNTY, FLORIDA S01011'10"E 100.00, �u 0 z S88048'50"W 100.00' RIVER RIDGE PLAT ROOK 8, PAGE 22 MARTIN COUNTY, FLORIDA PARCEL "F" GRAPMC SCALE 50 0 25 50 ( IN FEET) 1 INCH = 50 FT. SUPERVISED BY: TMW DRAWN BY: JMM I SCALE DATE: 7/ 12/2022 DRAWING # 22-027A OF 3 1 "=50' Page 95 of 221 Agenda Item #5. MARTIN COUNTY, STUART, FLORIDA 2401 S.E. MONTEREY ROAD PHONE NO. 772-288-5927 DWG. NAME: 22-027.DWG I M.C. PROJ. NO. 22-027 1 SHEET NO. 1 OF 3 SURVEYOR'S NOTES ]EXHOIT - 1. THIS SKETCH AND LEGAL DESCRIPTION IS BASED ON PLAT OF RIVER RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 22, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA. 2. THIS LEGAL DESCRIPTION SHALL NOT BE VALID: A. UNLESS PROVIDED IN ITS ENTIRETY CONSISTING OF SHEETS 1, 2 AND 3, SHEET 3 BEING A SKETCH. B. WITHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR. 3. BEARING BASIS IS SOUTH 88048'50" EAST ALONG THE NORTHERLY LINE OF PARCEL F OF SAID PLAT, ALSO BEING THE NORTH LINE OF SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST AND ALL OTHERS ARE RELATIVE TO SAID BEARING. 4. THE PURPOSE OF THIS SKETCH AND DESCRIPTION IS TO DESCRIBE AN ACCESS EASEMENT. 5. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. THIS IS NOT A SURVEY AND DOES NOT DEFINE OWNERSHIP OR ENCROACHMENTS. 7. PROPERTY, TRACT, AND PARCEL LINES SHOWN ARE APPROXIMATE IN NATURE AND NOT TO BE RELIED UPON FOR LAND POSITIONING OR DETERMINATIONS. 8. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. LEGEND: CB=CHORD BEARING, CH=CHORD LENGTH, L=LENGTH, ORB=OFFICIAL RECORDS BOOK, PB=PLAT BOOK, PCN=PARCEL CONTROL NUMBER, PG=PAGE, POB=POINT OF BEGINNING, POC=POINT OF COMMENCEMENT, SQFT=SQUARE FEET, A=DELTA (CENTRAL ANGLE). TIIIS DOCUMENT MAY BE REPRODUCED UPON REQUEST IN AN ALTERNATIVE FORMAT BY CONTACTING TIIE COUNTY ADA COORDINATOR (772) 320-3131, TI-lE COUNTY ADMINISTRATION OFFICE (772) 288-5400, FLORIDA RELAY 711, OR BY COMPLETING OUR ACCESSIBILITY FEEDBACK FORM AT VVWW.MARTIN.FL.US/ACCESSIBILITY-FEEDBACK. ACCESS EASEMENT FOR TOWER LEASE VILLAGE OF TEQUESTA MARTIN COUNTY, FLORIDA SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE THOMAS M. WALKER, JR., PSM MARTIN COUNTY SURVEYOR PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. PSM 6875 DATE: SUPERVISED BY: TMW DRAWN BY: JMM I SCALE: N/A DATE: 7/ 12/2022 DRAWING # 22-027B Page 96 of 221 Agenda Item #5. MARTIN COUNTY, STUART, FLORIDA 2401 S.E. MONTEREY ROAD PHONE NO. 772-288-5927 DWG. NAME: 22-027.DWG M.C. PROJ. NO. 22-027 ISHEETNO. 2 OF 3 DESCRIPTION A PARCEL OF LAND LYING IN PARCEL F, PLAT OF RIVER RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 22, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL F, ALSO BEING THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST; THENCE SOUTH 88°48'50" WEST ALONG THE NORTHERLY LINE OF SAID PARCEL F, ALSO BEING THE NORTHERLY LINE OF SAID SECTION 23, A DISTANCE OF 162.65 FEET; THENCE SOUTH 01011'00" EAST, A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88048'50" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00° 18'08" EAST, A DISTANCE OF 30.68 FEET TO THE POINT OF TANGENCY OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 15.00 FEET, A CHORD BEARING OF SOUTH 21030'05" WEST AND A CHORD LENGTH OF 11.14 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 43°35'21", A DISTANCE OF 11.41 FEET; THENCE SOUTH 43017'46" WEST, A DISTANCE OF 113.65 FEET; THENCE NORTH 02056'31" WEST, A DISTANCE OF 20.77 FEET; THENCE NORTH 43'17'46" EAST, A DISTANCE OF 86.04 FEET TO THE POINT OF TANGENCY OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 15.00 FEET, A CHORD BEARING OF NORTH 21 °30'05" EAST AND A CHORD LENGTH OF 11.14 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43035'21 ", A DISTANCE OF 11.41 FEET; THENCE NORTH 0097'35" WEST, A DISTANCE OF 29.62 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,310 SQUARE FEET, (0.05 ACRES) MORE OR LESS. NOTE: THIS IS NOT A SURVEY. THIS Sl-lEET IS NOT VALID WITHOUT SEiEETS 1 AND 3. ACCESS EASEMENT FOR TOWER LEASE SUPERVISED BY: TWM VILLAGE OF TEQUESTA DRAWN BY: JMM SCALE: N/A DATE: 7/ 12/2022 MARTIN COUNTY, FLORIDA DRAWING # 22-027B Page 97 of 221 Agenda Item #5. MARTIN COUNTY, STUART, FLORIDA 2401 S.E. MONTEREY ROAD PHONE NO. 772-288-5927 DWG. NAME: 22-027.DWG I M.C. PROJ. NO. 22-027 SHEET NO. 3 OF 3 THIS MAP IS INTENDED TO BE DISPLAYED "=50' EXIMIT AT A SCALE OF I OR SMALLER. _ POC STATE OWNED PROPERTY NORTHEAST CORNER OF PARCEL F O y PCN: 14-40-42-000-000-00010-7 AND SECTION 23, TOWNSHIP 40 SOUTH, RANGE 42 EAST f4 13 n O M BEARING BASIS S88048'50"W 162.65' � NORTHERLY LINE OF PARCEL F 24 tri AND SECTION 23 Co MARTIN COUNTY o I OWNED PROPERTY o ORB 1107, PG 122 PCN:23-40-42-002-006-00000-5 W PARCEL F TOWER PB 8, PG 22 o LEASE PARCEL o I I � POB N88048'50'E 20.00' I z •• N00017'35"W 29.62' ------------- R=15.00 S00°18'08'E 30.68' .30=43°35'21" N O lTj L=11.41' o �M O CB=N21 °30'05'E Q CH=11.14' p=43035'21" o d L=11.41 ' N43017'46'E 86.04' CB=S21 °30'05"W cn CH=11.14' o N N02056'31 "W 20.77' SE CO V,ARIE� �lip-op. LIjvE R PB 8 PGT ORWOAD ACCESS EASEMENT 2,310 SQFT (0.05 ACRES)± S43017'46"W 113.65' NOTE: THIS IS NOT A SURVEY. THIS SKEET IS NOT VALID WITHOUT SHEETS 1 AND 2. RIVER RIDGE PLAT BOOK 8, PAGE 22 MARTIN COUNTY, FLORIDA PARCEL "F" ACCESS EASEMENT FOR TOWER LEASE VILLAGE OF TEQUESTA MARTIN COUNTY, FLORIDA GRAPHIC SCALE 50 0 25 50 (IN FEET) I INCH = 50 FT. SUPERVISED BY: TMW DRAWN BY : JMM SCALE : 1 "=50' DATE: 7/ 12/2022 DRAWING # 22-027B Page 98 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 99 of 221 Agenda Item #5. "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 100 of 221 Agenda Item #5. Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Date: February 14, 2023 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department !: 561-768-0700 www.tequesta.org Re: Consider Approval of Work Authorization to Mock Roos for $5,000 to Conduct Tequesta's NPDES Year 6 Annual Assessment for the PBC MS4 County -wide Permit This agenda item is to consider approval of a work authorization to Mock Roos & Associates, Inc., for $5,000 to conduct Tequesta's Year 6 "Annual Assessment" for the Palm Beach County (PBC) municipal separate storm sewer system (MS4) National Pollutant Discharge Elimination System (NPDES) permit. The municipalities and Palm Beach County hold an MS4 permit for storm sewer collection systems located within the county. The permit has a list of compliance conditions under which it is issued, often specific for each year the permit is held. These requirements must be completed and submitted to PBC for compilation and ultimate submittal to the Florida Department of Environmental Protection (FDEP) for permit compliance. This work authorization is to conduct a required "Annual Assessment" of the Village of Tequesta's stormwater system by evaluating the results of sample points near Tequesta taken by the Loxahatchee River Environmental District. The annual assessment is an analysis using a suite of analytes specific to determining the trend of nutrient loading in the nearby receiving waters. The receiving waters are the Loxahatchee River and the Indian River Lagoon. That evaluation is added to the Village's other Year 6 information and provided to PBC. PBC compiles the compliance information for all stormwater service providers in the county and submits it to FDEP. Utilities Department Staff recommends approval of this agenda item. Budget summary 403-250-531.302 — Operating Expenditures/ Expense FY23 Budget FY23 Budget Add'I Need Encumbere d/ Spent This Request* Remaining After Request Engineering Services $210,000 $101,030 $99,970 As Needed Engineering Services $20,000 $6,030 $0 $13,970 Dover Ditch Final Design & Permitting $46,920 N/A $0 $42,920 MS4 NPDES YR 6 Annual Assessment * $5,000 0 $5,000 $0 Resiliency Study $95,000 $95,000 $0 $0 El Portal CEI Services $65,480 $22,400** N/A $0 $43,080 TOTAL $232,400 $22,400** $101,030 $5,000 $99,970 *Request for Engineering Services MS4 NPDES Yr 6 Annual Assessment ** To be made in future request Budgeted amount: $ 210,000 Available amount: $111,470 Expenditure amount: $5,000 Funding source: stormwater enterprise fund Attachment 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 101 of 221 Agenda Item #5. VILLAGE OF TEQUESTA DATE: VILLAGE RFQ. NO.: UTIL 06-20 WORK AUTHORIZATION NO. MR UTL21.01 FOR CONSULTING SERVICES PROJECT No. G/L CODE: 401-411-663.632 CONSULTANT PROJECT NO.: C3001.00 PROJECT TITLE: MS4 Permit Annual Report Assessment (Year 6 Cycle ) This Work Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement for Professional Services dated September 10, 2020, between the VILLAGE of Tequesta ("VILLAGE"), and Mock, Roos & Associates, Inc. ("CONSULTANT") hereafter referred to as the Agreement. The VILLAGE has requested that Mock -Roos prepare the Year 6 Annual Assessment Report as required by Tequesta's Municipal Separate Storm Sewer (MS4) Permit. The Assessment report includes both water quality monitoring results and pollutant loading reduction estimates. The following is a description of the anticipated services to be provided under this Work Authorization. TASK 1— PREPARE YEAR 6 REPORT 1. Prepare a draft of the Year 6 Report which will include: a. Introduction and Goals b. Water Quality Monitoring Program — Description, Monitoring Sites (12), Results and Trends c. Pollutant Loading Estimates — Description, Loading Results d. MS4 Program Effectiveness Conclusions e. Tables and Figures 2. Submit Draft report to Tequesta for review and comment. WORK AUTHORIZATION NO. MR UTL21.01 1 of 3 Page 102 of 221 Agenda Item #5. 3. Post the Final Report on the Palm Beach County NPDES MS4 website. III. DELIVEAB YjS Task 1 — Prepare Year 6 Annual Assessment Report • Post Final Report on the Palm Beach County NPDES MS4 website. IV. SCHFDIJLR Upon receipt of Notice -To -Proceed the CONSULTANT will complete the services identified in this Work Authorization within the schedule outlined in Table 1. Table 1 Schedule Activity Task 1 — Prepare Year 6 Report Task 1.2 — Submit Draft for Review Task 1.3 — Post Final Report Cumulative Time to Time to Complete Complete (Calendar (Calendar Days) Days) 30 30 30 30 65 65 V. COMPENSATION AND PAYMENT The CONSULTANT will perform the tasks as outlined in the scope of services for an hourly Not -To -Exceed Fee of $5,000.00 as outlined in Table 2. Table 2 Budget Summary Description Total Task 1 — Prepare Year 6 Report $5,000.00 TOTAL $5,000.00 VI. ASSUMPTIONS 1. Any services not included in the Scope of Services will be considered Additional Services. 2. Additional Services can be provided upon CONSULTANT receiving signed authorization from the VILLAGE. WORK AUTHORIZATION NO. MR UTL21.01 2 of 3 Page 103 of 221 Agenda Item #5. u The work authorized under this Work Authorization shall be performed under the terms and conditions described within the Professional Services Agreement dated September 10, 2020, by and between the VILLAGE of Tequesta ("VILLAGE") and Mock, Roos & Associates ("CONSULTANT"). Compensation shall not exceed the hourly rates currently in effect under this Agreement. MOCK, ROOS 4 ASSOCIATES, INC. Print Name: Thomas A. Biggs, P.E. Title: Executive Vice President VILLAGE OF TEQUESTA By: J emy Allen age Manager Date: 0 )3)0-s WORK AUTHORIZATION NO. MR UTL21.01 of ; Page 104 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 105 of 221 Agenda Item #5. "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 106 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta S s � COO Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Agreement for Landscape Architectural Services Date: February 22, 2023 561-768-0700 www.tequesta.org The following agenda item is in reference to Landscape Architectural Services from Parker Yannette Design Group, Inc. The Consultant will prepare preliminary plan concepts for landscape beautification for the Village owned parcel between Cypress Drive and Old Dixie Highway. The Consultant will prepare a planting design to include color renderings. The Consultant will prepare 2 preliminary landscape concepts to include color renderings and cost estimates. The Fee for these services will be billed at an hourly rate of $140.00 and not to exceed $2,000.00. Funding for these services is budgeted and available in account 001-210-534.300. 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 107 of 221 Agenda Item #5. Doug Chambers Director Department of Public Works Page 108 of 221 Agenda Item #5. PARKER • YANNETTE design group,inc. February 15, 2023 Mr. Jeremy Allen Village Manager, Village of Tequesta Via email: jallen@tequesta.org RE: AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES Dear Mr. Allen: This proposal is submitted by Parker-Yannette Design Group, Inc. hereinafter referred to as the "Consultant", to Mr. Jeremy Allen, Village Manager, Village of Tequesta, hereinafter referred to as the "Client". THE PROJECT Landscape architectural design services for landscape beautification of the 1 acre parcel of land between Cypress Drive and Old Dixie Highway, Tequesta, Florida. SCOPE OF SERVICES Consultant's services under this agreement will be as follows: PART A — Preliminary Planting Design • Prepare base plans based on original roadway plans and survey. • Site visits to photograph and inventory existing conditions. Draft existing conditions onto base plans. • Review pertinent landscape requirements for Village of Tequesta and Palm Beach County. • Prepare two (2) preliminary landscape plan concepts, one being a cost conscious plan, the other being a higher end, larger budget plan. • Meet with Jeremy Allen and Doug Chambers to review plans. • Prepare cost estimates with input from Doug Chambers. PART B — Graphics and Additional Meetings • Color render plans. • Prepare 2D or 3D graphic renderings of proposed landscape concepts. • Additional client meetings and/or presentations. LANDSCAPE ARCHITECTURE • PLANNING • GRAPHICS 4425 Military Trail, Suite 202, Jupiter, FL 33458 2 (561) 747-5069 Fax: (561) 747-2041 Page 109 of 221 Agenda Item #5. Old Dixie Highway/Cypress Drive February 15, 2023 Page 2 of 3 Consultant's services do not include preparation or processing of permit applications or environmental review of the site. However, upon written request of the Client any of the preceding services can be provided as Additional Work under the following terms. All services will be performed by Consultant consistent with professional standards for landscape architecture as generally practiced in Palm Beach County, Florida. FEE SCHEDULE Consultant will perform the above services at hourly fee rates of Professional: $140.00 per hour: Part A — Preliminary Planting Design at hourly rates with a not to exceed cap of: $2,000.00 Part B — Graphics and Additional Meetings (Upon Request) hourly at $140.00/hr. Consultant's fees will not exceed the above amounts without authorization from the Client. Major revisions of the work required of Consultant caused by circumstances beyond the control of Consultant are not included and will be billed at the rate listed under "Additional Work". Consultant's fees do not include other consultants' fees or filing fees. Consultant's normal reimbursable expenses will be charged to the Client and itemized on the monthly bill. Reimbursable expenses include printing and reproduction, photo enlargements, courier charges, facsimiles, and any other normal direct expenses incurred by Consultant for the Project. ADDITIONAL WORK At the request of the Client, Consultant will provide additional work not listed under Scope of Services on an hourly basis at the following rates: Professional $140.00lhour. GENERAL TERMS Fees shall be billed as designated in the Fee Schedule. All balances are due upon receipt. A bill is past due thirty (30) days from the billing date whereupon interest at 18 % per annum will be added to the balance due retroactive to the date of billing. At the Consultant's discretion invoices not paid within thirty (30) days of the billing date may result in cessation of work on the Project and withholding of plans. Client's obligation to pay Consultant's Fees is not contingent on development or permit approval by any governmental entity. Consultant's Fees are subject to re -negotiation if Consultant's services are not completed within six (6) months from the date of this agreement due to delays beyond the Consultant's control. At the discretion of the Consultant, the terms of this agreement may be null and void if not accepted within thirty (30) days of the date hereof. This agreement may be terminated by the Consultant if, for reasons beyond the Consultant's control, Consultant is prevented from continuing service for more than one hundred twenty (120) days. If the Client wishes to terminate Consultant's services, the Client must give ten (10) working days written notice to the Consultant and shall pay Consultant full compensation based on the percentage completion of Consultant's services or on a time and materials basis, whichever is Page 110 of 221 Agenda Item #5. Old Dixie Highway/Cypress Drive February 15, 2023 Page 3 of 3 greater, to the date of termination. Consultant may terminate this Agreement upon five (5) days written notice to Client for failure to pay Consultant's fees and costs when and as due in accordance with this agreement. Client agrees Consultant may use Consultant's work on the Project for professional design award competitions. Reproducible copies of Project drawings will be provided at cost upon the Client's request unless Client is in default under the terms of this agreement. However, the Client shall not use any of Consultant's Intellectual Property for any purpose other than completion of landscaping at the Project. All changes or additions to this agreement shall be in writing and executed by all parties hereto. This agreement is the only agreement between the Consultant and the Client regarding Consultant's services for the Client and supersedes and replaces any other oral or written agreement between the Consultant and the Client concerning the subject matter of this agreement. Any legal action to enforce this agreement must be brought in the state courts for Palm Beach County, Florida regardless of where the Client may reside or where the Project may be located. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT'S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. If the terms of this proposal are acceptable, please have an authorized representative of the Client sign one copy and return it. Sincerely, Parker-Yannette Design Group, Inc. By: Paul S. Catania II, PLA Partner Client By: Date: 2/15/23 J e re m Allen Digitally signed by Jeremy Allen Y Date: 2023.02.15 13:24:31 -05'00' Date: Mr. Jeremy Allen, Village Manager, Village of Tequesta Page 111 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 112 of 221 Agenda Item #5. "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 113 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta Village Clerk's Office Memorandum TO: Jeremy Allen, Village Manager FROM: Lori McWilliams, MPA, MMC, Village Clerk DATE: 2/7/2023 SUBJECT: SE Printing Services — Smoke Signals 561-768-0700 www.tequesta.org The cost for the printing of the Smoke Signals for February 2022 is $3,031. The cost to prepare the Smoke Signals newsletter for mailing is $369 (note this does not include the actual postage). Onetime cost: $3,400 Account Number: 001.120.549.302 Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Seat 5 - Vacant Village Manager Jeremy Allen Page 114 of 221 Agenda Item #5. southeastern ,t�rnj)lemty m atfe nimpiv Client ID: 2833 Village of Tequesta 345 Tequesta Dr. Tequesta 33469 Phone: 561-768-0700 Fax: 561-768-0697 Rep: Eric Ellison 86a erice@sepdnt.com Fall Smoke Signals Newsletter with Insert Quantity: 3,800 Flat Size: 17 x 33.5 Finished Size: 8.5 x 11 Prepress: Epson Proof Ink: 4 / 4 (CP/CP) Paper: 80# Gloss Text Finishing: Fold Packaging: Box QUOTATION Estimate: 23042 Effective Date: 2/7/2023 Flat size - 22 x 17, folds to 11 x 17 and soft -folds to 8.5 x 11 masthead out. with 1-2pp insert 11 x 17, postitioned inside newsletter Printing - 4cp/4cp, bleeds Stock - 80# Gloss Text Trim, fold, send SEP Mailing Dept Quantity Price 3,800 $3,031 950 SE 8th Street Hialeah, FL 33010 305.885.8707 305.888.9903 seprint.com PRICES REMAIN IN EFFECT FOR 7 DAYS Quotation is based on current market conditions. Pricing and delivery subject to change based on availability at time of order Thank you for the opportunity to provide you with this estimate. We look forward to exceeding your expectations. Standard minimum turn time is 6 business days from proof approval. Additional charges may occur if an accelerated schedule is requested. This quotation is subject to the terms and conditions in our terms of sale set forth here, and which are, by reference, made a part hereof. Prices quoted are based on details furnished to our estimating department and are subject to revision if, upon receipt of copy it is determined that the material deviates from original specifications. Any such price revision will be confirmed before the order is processed. We reserve the right to reject any order upon receipt without liability on our part. All orders are subject to underruns or overruns of up to 10 percent. The deficiency or excess will be credited or charged proportionally. Payment Terms: Due in 30 days Please Initial: The item(s) ordered are for resale and not subject to sales tax. The item(s) ordered are for internal use. Please charge sales tax. Please read, sign and return to place your order: L)W"uo, Lb(c MP,wiilioc..nf Signature Print Name Title / Date Pilte 11 �'of 221 Agenda:lte'9149' Effective Date: 2/7/2023 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is made and, if accepted by Southeastern ("Printer'), order will be entered subject to the following trade customs and any other conditions expressed herein, which are hereby understood to be binding on both parties. Terms of this proposal shall be limited to seven (7) days from date to proposal. It is to be clearly understood that such terms constitute the entire agreement of the parties, can be amended or altered only pursuant to writing signed by both parties, and in any event not by any stipulation, representation or agreement not contained in this contract, or by parol evidence , and that these terms shall govern the order contrary to prior or subsequent writings by Customer notwithstanding. 2. Orders regularly entered cannot be cancelled except upon terms that will compensate Printer against loss. All orders are subject to final acceptance by Printer, and it shall not be liable for any loss or damage resulting from its reasonable failure to accept orders, ship products ordered or notify Customer of its non -acceptance of orders. 3. Experimental work performed at the Customers request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charged for at current rates. 4. Artwork, sketches, copy, dummies, and all preparatory work, plates, engravings and other manufacturing tools or items created or furnished by Printer shall remain its exclusive property, no use of same shall be made nor may any ideas obtained therefrom be used, except by written permission of Printer and upon compensation to be determined by Printer. 5. Original artwork, photos, plates, engravings and other manufacturing items when supplied by Customer are accepted at the Customers risk and Printer shall not be liable for damage or loss in excess of out-of-pocket cost for raw materials or value agreed to in writing between Printer and Customer. 6. Authors alterations (AA): All changes from original specifications made by Customer shall entitle Printer to additional charges at the current rates for the additional work performed. 7. Errors: Printer shall not be liable for errors if printed matter conforms to files furnished by Customer. Proofs will be submitted if requested by Customer. Corrections, if any, are to be made thereon and returned with Proof/Print Authorization form marked "O.K." or "O.K. with corrections", and signed by duly authorized representative of Customer. If revised proofs are desired, request must be made when proof returned. Printer shall not be responsible for errors if work is performed as per Customers "O.K." 8. Press: Press proofs incur additional charges. Printer shall charge for additional press time arising from Customer delay during make -ready press check or for change orders received after job is plated. Because of the difference in equipment and conditions between color proofing and the pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute an acceptable delivery. 9. Customers Property: All Customers property that is stored with Printer is at the Customer's risk, and Printer shall not be liable for any loss or damages thereto caused by fire, theft, water leakage, rodents, insects, or any other cause beyond Printers control. It is understood that the storage of Customers property is solely for the benefit of the Customer. 10. Terms: Unless otherwise arranged for, a deposit of 50% is requested upon the signing of proposal, 25% upon delivery of the job proof, and the balance upon completion of this order or upon delivery of the first copy or copies. All accounts not paid for within forty -five (45) days of invoice shall be charged interest at the rate of eighteen per cent (18%) per annum. If such rate shall be precluded by local law, this such rate shall be the highest rate allowable pursuant to such law. 11. Warranty: Printer warrants that its work will meet applicable specifications and other specific product work requirements and will be of good quality and free from defects in material and workmanship. All claims must be made within five (5) days of receipt of goods. Defective items must be held for Printers inspection and returned to the original F.O.B. point upon request. The foregoing is expressly in lieu of all other warranties whatsoever, expressed, implied, and statutory, including, without limitation, and implied warranties of merchantability and fitness. Upon Customers submission of a claim and its substantiation, Printer shall at its option either (1) replace its product or work at either the original F.O.B. point of delivery or (2) refund an equitable portion of the purchase price determined by Printer. All work performed will be done during normal working hours of normal working days. The foregoing is Printers only obligation and Customers only remedy of breach of warranty, and except for gross negligence and willful misconduct, the foregoing is Customers only remedy hereunder by way of breach of contract, tort, or otherwise. In no event shall Customer be entitled to incidental or consequential damages. Any action for breach of this proposal must be commenced within two (2) years after the cause of action has occurred. 12. Title and Risk of Loss: Title to products which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer, or to a carrier consigned to Customer, and Printer shall not be liable for loss of, delay in shipment, or damage of any products after title thereto has passed . Printer, however, retains title for security purposes only to all products until paid for in full in cash and may, at Printer's option, repossess the same from Customers default in payment hereunder and charge Customer with any deficiency. It is expressly agreed that Printer shall not be held liable for loss or damage on account of delays due to strikes, wars, fires, floods, accidents, governmental or municipal laws, rules or regulations, acts of providence, its inability to secure specified materials, or other causes beyond Printers reasonable anticipation or control . 13. No obscene or illegal literature will be printed by Printer under this contract, nor shall Printer be liable for any damages arising out of violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal property of all matter submitted to Printer for printing and /or publication; and will defend and indemnify Printer from and against all claims and responsibility arising from the printing and /or publication of such matter, including the legal expenses and disbursements incurred by Printer in connection therewith. 14. Unless otherwise specified, Printer shall use such style, type, size and composition as, in its discretion, seems to be the best interest of Customer. 15. Any and all mailing costs incurred by Printer in the performance of the specifications hereinabove set forth shall be in addition to the contract price hereinabove set forth and shall be at the then current rates of the United States Postal Service and/or common carrier. 16. Taxes: Customer shall pay all excise or other taxes, if any, that may be levied on the products sold under the contractor upon or in connection with the sale or shipment thereof. 17. Delivery Dates: Promised delivery date is contingent upon Customers meeting its established schedule responsibilities. Printer shall not be responsible for consequential damages for late deliveries. 18. Prices quoted are based on straight time work. Overtime work caused by Customer's failure to meet deadline, a delay in turning in proofs, or other material necessary to complete the work within the time specified, shall be charged for at current overtime rates, over and above the price quoted herein. 19. Unless otherwise stated in writing, overruns or underruns, not to exceed ten (10%) percent of the amount ordered, shall constitute an acceptable delivery and the excess or deficiency shall be charged or credited to the customer proportionally. 20. Customer Furnished Materials: Any work required on files or materials furnished by the Customer shall be performed at Customer's risk and billed at current market rates. Responsibility for quality of material supplied will not be assumed by Printer when Customer furnished such material used in production of the printed order. 21. If it becomes necessary to institute suit in any court of law to enforce any of the provisions of quotation, including an action for collection or to enforce any of the standards terms for sale, customer agrees to pay all legal expenses and disbursements incurred by Printer in connection therewith. 22. In the event actual delivery extends beyond the date set forth on Printers acknowledgement of order entry, Printer shall have the further right to revise prices upon the application of a fraction, the numerator of which shall be the Consumer Price Index at the time of actual delivery and the denominator of which shall be such index at the proposed time of delivery set forth by the Printer in his acknowledge to customer of order entry. Based on Trade Customs Adopted by Printing Industry of America, Inc. Pie 11 62of 221 Agenda Item #5. southeastern zomplexity made simple Client ID: 2833 Village of Tequesta 345 Tequesta Dr. Tequesta 33469 Phone: 561-768-0700 Fax: 561-768-0697 Rep: Eric Ellison 86a erice@seprint.com Smoke Signals Newsletter Mailing Quantity: 3,686 Flat Size: 8.5 x 11 Finished Size: 8.5 x 11 QUOTATION Estimate: 23044 Effective Date: 2/7/2023 Finishing: Deliver to PO, DP, Cass & Presort, Inkjet, Sort, Tie & Tray and NCOA Packaging: Deliver to Client Quantity Price 3,686 $369 950 SE 8th Street Hialeah, FL 33010 305.885.8707 305.888.9903 seprint.com PRICES REMAIN IN EFFECT FOR 7 DAYS Quotation is based on current market conditions. Pricing and delivery subject to change based on availability at time of order Thank you for the opportunity to provide you with this estimate. We look forward to exceeding your expectations. Standard minimum turn time is 6 business days from proof approval. Additional charges may occur if an accelerated schedule is requested. This quotation is subject to the terms and conditions in our terms of sale set forth here, and which are, by reference, made a part hereof. Prices quoted are based on details furnished to our estimating department and are subject to revision if, upon receipt of copy it is determined that the material deviates from original specifications. Any such price revision will be confirmed before the order is processed. We reserve the right to reject any order upon receipt without liability on our part. All orders are subject to underruns or overruns of up to 10 percent. The deficiency or excess will be credited or charged proportionally. Payment Terms: Due in 30 days Please Initial: The item(s) ordered are for resale and not subject to sales tax. The item(s) ordered are for internal use. Please charge sales tax. Plea a read, sign and return to place your order: 7 LDVI MAdllc44W U111am Signature Print Name Title / l5ate Pdg-'he 1 f1 'Of 221 AgipS1de Ite193#4�. Effective Date: 2/7/2023 SOUTHEASTERN STANDARD TERMS OF SALE 1. This proposal is made and, if accepted by Southeastern ("Printer'), order will be entered subject to the following trade customs and any other conditions expressed herein, which are hereby understood to be binding on both parties. Terms of this proposal shall be limited to seven (7) days from date to proposal. It is to be clearly understood that such terms constitute the entire agreement of the parties, can be amended or altered only pursuant to writing signed by both parties, and in any event not by any stipulation, representation or agreement not contained in this contract, or by parol evidence , and that these terms shall govern the order contrary to prior or subsequent writings by Customer notwithstanding. 2. Orders regularly entered cannot be cancelled except upon terms that will compensate Printer against loss. All orders are subject to final acceptance by Printer, and it shall not be liable for any loss or damage resulting from its reasonable failure to accept orders, ship products ordered or notify Customer of its non -acceptance of orders. 3. Experimental work performed at the Customers request, such as, but not limited to sketches, drawings, composition, plates, presswork and materials shall be charged for at current rates. 4. Artwork, sketches, copy, dummies, and all preparatory work, plates, engravings and other manufacturing tools or items created or furnished by Printer shall remain its exclusive property, no use of same shall be made nor may any ideas obtained therefrom be used, except by written permission of Printer and upon compensation to be determined by Printer. 5. Original artwork, photos, plates, engravings and other manufacturing items when supplied by Customer are accepted at the Customers risk and Printer shall not be liable for damage or loss in excess of out-of-pocket cost for raw materials or value agreed to in writing between Printer and Customer. 6. Authors alterations (AA): All changes from original specifications made by Customer shall entitle Printer to additional charges at the current rates for the additional work performed. 7. Errors: Printer shall not be liable for errors if printed matter conforms to files furnished by Customer. Proofs will be submitted if requested by Customer . Corrections, if any, are to be made thereon and returned with Proof/Print Authorization form marked "O.K." or "O.K. with corrections", and signed by duly authorized representative of Customer. If revised proofs are desired, request must be made when proof returned. Printer shall not be responsible for errors if work is performed as per Customers "O.K." 8. Press: Press proofs incur additional charges. Printer shall charge for additional press time arising from Customer delay during make -ready press check or for change orders received afterjob is plated. Because of the difference in equipment and conditions between color proofing and the pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute an acceptable delivery. 9. Customers Property: All Customers property that is stored with Printer is at the Customers risk, and Printer shall not be liable for any loss or damages thereto caused by fire, theft, water leakage, rodents, insects, or any other cause beyond Printers control. It is understood that the storage of Customers property is solely for the benefit of the Customer. 10. Terms: Unless otherwise arranged for, a deposit of 50% is requested upon the signing of proposal, 25% upon delivery of the job proof, and the balance upon completion of this order or upon delivery of the first copy or copies. All accounts not paid for within forty -five (45) days of invoice shall be charged interest at the rate of eighteen per cent (18%) per annum. If such rate shall be precluded by local law, this such rate shall be the highest rate allowable pursuant to such law. 11. Warranty: Printer warrants that its work will meet applicable specifications and other specific product work requirements and will be of good quality and free from defects in material and workmanship. All claims must be made within five (5) days of receipt of goods. Defective items must be held for Printers inspection and returned to the original F.O.B. point upon request. The foregoing is expressly in lieu of all other warranties whatsoever , expressed, implied, and statutory, including, without limitation, and implied warranties of merchantability and fitness. Upon Customers submission of a claim and its substantiation, Printer shall at its option either (1) replace its product or work at either the original F.O.B. point of delivery or (2) refund an equitable portion of the purchase price detenmined by Printer. All work performed will be done during normal working hours of normal working days. The foregoing is Printers only obligation and Customers only remedy of breach of warranty, and except for gross negligence and willful misconduct, the foregoing is Customers only remedy hereunder by way of breach of contract, tort, or otherwise. In no event shall Customer be entitled to incidental or consequential damages. Any action for breach of this proposal must be commenced within two (2) years after the cause of action has occurred. 12. Title and Risk of Loss: Title to products which Printer sells to Customer shall pass to Customer upon delivery of the products to Customer, or to a carrier consigned to Customer, and Printer shall not be liable for loss of, delay in shipment, or damage of any products after title thereto has passed . Printer, however, retains title for security purposes only to all products until paid for in full in cash and may, at Printer's option, repossess the same from Customers default in payment hereunder and charge Customer with any deficiency. It is expressly agreed that Printer shall not be held liable for loss or damage on account of delays due to strikes, wars, fires, floods, accidents, governmental or municipal laws, rules or regulations, acts of providence, its inability to secure specified materials, or other causes beyond Printers reasonable anticipation or control . 13. No obscene or illegal literature will be printed by Printer under this contract, nor shall Printer be liable for any damages arising out of violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal property of all matter submitted to Printer for printing and /or publication; and will defend and indemnify Printer from and against all claims and responsibility arising from the printing and /or publication of such matter, including the legal expenses and disbursements incurred by Printer in connection therewith. 14. Unless otherwise specified, Printer shall use such style, type, size and composition as, in its discretion, seems to be the best interest of Customer. 15. Any and all mailing costs incurred by Printer in the performance of the specifications hereinabove set forth shall be in addition to the contract price hereinabove set forth and shall be at the then current rates of the United States Postal Service and/or common carrier. 16. Taxes: Customer shall pay all excise or other taxes, if any, that may be levied on the products sold under the contractor upon or in connection with the sale or shipment thereof. 17. Delivery Dates: Promised delivery date is contingent upon Customers meeting its established schedule responsibilities. Printer shall not be responsible for consequential damages for late deliveries. 18. Prices quoted are based on straight time work. Overtime work caused by Customers failure to meet deadline, a delay in turning in proofs, or other material necessary to complete the work within the time specified, shall be charged for at current overtime rates, over and above the price quoted herein. 19. Unless otherwise stated in writing, overruns or underruns, not to exceed ten (10%) percent of the amount ordered, shall constitute an acceptable delivery and the excess or deficiency shall be charged or credited to the customer proportionally. 20. Customer Furnished Materials: Any work required on files or materials furnished by the Customer shall be performed at Customers risk and billed at current market rates. Responsibility for quality of material supplied will not be assumed by Printer when Customer furnished such material used in production of the printed order. 21. If it becomes necessary to institute suit in any court of law to enforce any of the provisions of quotation, including an action for collection or to enforce any of the standards terms for sale, customer agrees to pay all legal expenses and disbursements incurred by Printer in connection therewith. 22. In the event actual delivery extends beyond the date set forth on Printers acknowledgement of order entry, Printer shall have the further right to revise prices upon the application of a fraction, the numerator of which shall be the Consumer Price Index at the time of actual delivery and the denominator of which shall be such index at the proposed time of delivery set forth by the Printer in his acknowledge to customer of order entry. Based on Trade Customs Adopted by Printing Industry of America, Inc. P&Je 1 Wof 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 119 of 221 Agenda Item #5. "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 120 of 221 Agenda Item #5. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluest y'6� pF lfp f1 G � e o ;t Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Village Hall Recoat Flat Deck Roof Date: February 22, 2023 561-768-0700 www.tequesta.org The Flat Deck Roof above the Village Hall Kitchen is in need of a new coating and sealer. Wolverine Roofing, LLC will pressure clean the roof, seal all roof penetrations, apply a base and top coat and haul away all materials. A non -fee permit will be required from the Building Department. The Total Cost for this project is $3,004.33. Funding for this project is budgeted and available in account 001-210-546.303. 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 121 of 221 Agenda Item #5. D4OLVERINE ROOFING, LLC THE BEST TEAM IN ROOFING Date: February 21, 2023 Project Name: Village Hall — Village of Tequesta Project Address: 345 Tequesta Drive Tequesta, FL Billing Name: The Village of Tequesta We are pleased to present the following proposal for your review. PROPOSED ROOF AREA — Flat Roof approximately 300 square feet Scope of Work: • Remove debris from flat roof and dispose. • Pressure -wash the existing flat roof system. • Apply seam sealer and fleece to the roof penetrations. • Apply base coat of silicone roof coating at rate specified by manufacturer. • Apply top coat of silicone roof coating at rate specified by manufacturer. • Clean and haul away all roof related debris. Permits and/or engineering, if required, will be charged at cost plus 25% margin as an extra unless otherwise stated in the scope above. Provide Wolverine Roofing 1-Year warranty covering labor and materials upon receipt of final payment. Oualifications • Wolverine Roofing, LLC will maintain watertight conditions according to all manufacturer's and standard practices for roofing on a day -to day basis. • Wolverine Roofing, LLC will comply with all OSHA safety guidelines and regulations. Excluded from Proposal (unless stated in scope above) • All painting, carpentry, and masonry work. • of gutters and downspouts • Lead at drains not included • All wood related work. • All electrical, HVAC, and plumbing work (roof drains). • All landscaping, concrete and pavers. • All lightning protection. • All cellular equipment removal and replacement. • Payment and Performance bond, sidewalk bonds, municipal deposits, and police escorts. • Any waterproofing or stucco work above the counter flashing of the parapet wall unless stated above. • Any additional engineering or testing (aside from the standard required engineering) which may be required by the local building department will be an additional charge to our proposal / contract. 1300 Old Dixie Highway • Lake Park, FL 33403 • Tel: 561.660.5844 License # CCCO58177 The Best Team in Roofing Initials Page 122 of 221 Agenda Item #5. Page 2 of 3 • Any additional mechanical, plumbing, electrical penetrations or flashing not indicated on existing roof plan will be an additional charge to our proposal / contract. Investment We propose to furnish all material, labor, supervision, and equipment to complete the above - mentioned scope of work, in accordance with all specifications for the sum of: $ See Schedule of values $ PAYMENT TERMS Payments are to be made as follows: Balance due upon completion. Thank you for the opportunity to present this proposal for your review. If you should have any questions or if there is anything else that I can do for you, please call me at the number listed. Note: This proposal may be withdrawn by us if not accepted within fifteen (15) days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. The signer authorizes Wolverine Roofing, LLC to do the work as specified. Payment will be made as outlined above. Date: r� Digitally signed by Jeremy Allen Signature: Jeremy Allen Date: 2023.02.23 16:23:49-05'00' All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard roofing practices. Contractor retains the initial right to remedy any consequential damages at the sole discretion of the contractor and shall not be held liable for any damages occurring before the following performance of contracted work. Any alteration or deviation from the specifications involving extra costs will be executed only with written orders and will become an extra charge over and above the estimate. All signed agreements are contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, flood, and other necessary insurances as require by law. Time is of the essence concerning this valuable contract. This project may be stopped if progress payments are not made on time. If it becomes necessary for the contractor to expend legal fees to collect monies owed, these legal fees will be the responsibility of the property owner. The signer can be personally liable for 2% interest per month after 10 days. All warranties to be issued upon completion of contract and all monies paid in full. 1300 Old Dixie Highway • Lake Park, FL 33403 • Tel: 561.660.5844 License # CCCO58177 The Best Team in Roofing Initials Page 123 of 221 Agenda Item #5. Schedule of Values for Coating of Flat Roof Labor Super $65 x 2 hours = $130.00 Foreman $65 x 14 hours = $910.00 Mechanic $55 x 14 hours = $770.00 Admin Process $65 x 1 hours = $65 Labor Total = $1,875.00 Gas for pressure washer Seam Sealer Fleece Silicone Roof Coating Trash bags Box Rags Rollers/Naps Paint brushes Splash Blocks $5 1 cans x $128 1 roll x $40 2 cans x $295=$590.00 5 x M5 ]x $15 4 x $8 = $32 2x$4=$8 2x$12=$24 Materials Total = $847 + 25% margin = $1,129.33 Labor $1,875.00 + Materials $1,129.33 _ $3,004.33 1300 Old Dixie Highway • Lake Park, FL 33403 • Tel: 561.660.5844 License # CCC058177 The Best Team in Roofing Page 3 of 3 Initials Page 124 of 221 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 125 of 221 Agenda Item #5. "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 126 of 221