HomeMy WebLinkAboutDocumentation_Regular_Tab 05_6/8/2023Agenda Item #5.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jun 08 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. Compressed Air Supplies and Equipment, Inc. Service Agreement - Fire Department,
$1,886.86. B. Dive Rescue International Host Rescue Agreement - Fire Department; See agreement
for details. C. FPL LED Lighting Agreement -Public Works; See agreement for details. D. GA's Lawn
Mower, Inc. Credit Application -Public Works; See application for details. E. Johnson -Davis, Inc.
Drainage Repairs -Utilities, $7,500.00. F. JustFOIA Public Record Software Upgrade -Village Clerk,
$6,195.00. G. Linetec Professional Underground Utility Contractor Estimate 10685-Utilities, $700.00.
H. Verizon Connect Global Positioning Systems Service Order -Public Works; See order for details.
Consider Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are
presenting the following agreements, proposals, commitments and memorandum of understanding to
Council.)
A. Compressed Air Supplies and Equipment, Inc. Service Agreement - Fire Department, $1,886.86.
B. Dive Rescue International Host Rescue Agreement - Fire Department; See agreement for details.
C. FPL LED Lighting Agreement -Public Works; See agreement for details.
D. GA's Lawn Mower, Inc. Credit Application -Public Works; See application for details.
E. Johnson -Davis, Inc. Drainage Repairs -Utilities, $7,500.00.
F. JustFOIA Public Record Software Upgrade -Village Clerk, $6,195.00.
G. Linetec Professional Underground Utility Contractor Estimate 10685-Utilities, $700.00.
H. Verizon Connect Global Positioning Systems Service Order -Public Works; See order for details.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed: Projected Remaining:
N/A N/A
PROJECTED TOTAL: 8 Items, each with individual costs
This agenda item is respectfully submitted for your review and approval.
Page 48 of 768
Agenda Item #5.
Compressed Air Supplies and Equipment, Inc. Service Agreement- Fire Deft
Dive Rescue International Host Aareement - Fire Deat
FPL LED Lighting Agreement - Public Works
GA'S Lawn Mower, Inc. Credit Application -Public Works
Johnson Davis, Inc. Drainage Repairs Proposal - Utilities
JustFOIA Public Record Software Upgrade -Village Clerk
Linetec Professional Underground Utility Contractor Estimate 10685-Utilities
Verizon Connect Global Positioning Systems Service Order -Public Works
Page 49 of 768
Agenda Item #5.
Village of Tequesta
Department of Fire -Rescue Services
`'
e OF reo
357 Tequesta Drive �f�, °°� 561-768-0500
Tequesta, FL 33469 At wwwAequesta.org
f�a AHS�o
James Trube, Fire Chief
To: Jeremy Allen, Village Mana
From: James Trube, Fire Chief ��"L`�'"
Date: May 3, 2023
Re: Maintenance Agreement — SCBA Refill Station
Please find attached Maintenance Agreement from Compressed Air Supplies and
Equipment, Inc. for the SCBA Refill Station that we recently received. The equipment
comes with a 2 year bumper to bumper warranty. We are able to extend the bumper to
bumper warranty to 5 years by putting a service agreement into place within 90 days of
the installation of the equipment. The total amount for the service contract for this year
is $1,886.86. Thank you.
This document may be reproduced upon request in an alternative format by contacting
the Village Clerk's Office at 561-768-0440 or by completing our accessibility form:
https://bit.IV/3mnfeU4 Page 50 of 768
Agenda Item #5.
g Compressed Air Supplies
COMPRESSED AIR SUPPLIES & Equipment, Inc.
4081 SW 471 Ave, Suite 17
and EQUIPMENT, INC. Davie FL 33314
Tel. 954-929-4462
SPECIALIZING IN THE DIVING and FIRE SERVICES INDUSTRIES Fax 954-929-4463
We are The Bauer Authorized Factory Service for Florida and The Caribbean Info@compressedairsupplies.com
MAINTENANCE AGREEMENT
Unless otherwise agreed in an additional written maintenance contract, the municipal purchaser by signing
below agrees to obtain maintenance service on the equipment referenced in the below purchase order from
Compressed Air Supplies and Equipment, Inc. All maintenance and related maintenance parts will be billed
at time of service and are not included with your equipment purchase unless prepaid with your equipment
purchase. The months of service will be determined by Compressed Air Supplies and Equipment, Inc.
Your maintenance program will renew annually until cancelled in writing.
Original PURCHASE ORDER:_, 3 - 0o07o18
CUSTOMER NAME: Vi t ` 4f, e-
CUSTOMER REPRESENTATIGE: V
CUSTOMER SIGNATURE:
DATE: May 3, 2023 r�
SALES OR SERVICE REP:
SIGNATURE:
DATE:
Subject to all other terms of Bauer's Limited Warranty on Reciprocating Compressor
Products for municipal breathing air systems (which is incorporated in full by this reference),
and to the referenced equipment being maintained as provided herein, Bauer Compressors,
Inc. and Compressed -ziir Supplies and Equipment, Inc. agrees to honor an extended five (5)-
year warranty on certain products purchased by the municipal customer, on the terms set
forth in the first two paragraphs above.
Compressed Air Supplies and Equipment, INC
BY:
SIGNATURE:
DATE:
Thank you for choosing Compressed Air Supplies and Equipment. Inc and BAUER Compressors for your compressor needs. We look
forward to working with you.
Page 51 of 768
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 52 of 768
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 53 of 768
Agenda Item #5.
/ogreQ�
\�B RESt'��
VILLAGE OF TEQUESTA
TEQUESTA FIRE -RESCUE
MEMORANDUM
FILE NO. Admin. 23-49
DATE: May 10th 2023
TO: Jeremy Allen, Village Manager
FROM: Fire Chief James Trube
SUBJECT: Host Agreement be' een Dive Rescue International and Tequesta Fire
Rescue
Please find attached Host Agreement between Dive Rescue International and Tequesta
Fire Rescue for a Swift Water Rescue Combination course (Swift water 1 and 2) to be
held June 5th through June 9t" 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 cancelled with no financial obligation to Dive Rescue
International is May 15th, 2023. The associated fees are as follows:
• Tuition per student: $900.00
• 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.
CC: Files
Page 54 of 768
AL g a Item #5.
0 h ' !k&jr
HOST AGREEMENT
This is an agreement made on April 10, 2023 between Dive Rescue International and Tequesta Fire Rescue. We
agree, and our agencies agree, to be the host for the training course entitled Swiftwater Rescue Combination to
be held in Tequesta, FL on June 5-9, 2023
I understand Dive Rescue International will provide the following:
c• 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.
Screening of participants to ensure membership with a public safety agency.
e• 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 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 May 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
Digitally signed by Jeremy Allen
Jeremy Aen Date: 2023.05.10 15:16:09-04'00'
Agency Authorized Representative
Print Name
Print Title
Date
Page 55 of 768
Ag dN #Aem #5.
DIVA RE9LUE
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: June 5-9, 2023
Please provide all information as you want it to appear on the Program Flyer.
Host Agency Name: _/ &QUG.5� f a& RG SC Ve Course Location (City/State or Province): _ / CQUCS -TAI, IPL
Shipping Address: 357 TEQUGS TA DF-- ' b9VGS�y�Et. 33 i6e!
Billing Contact Name: 3 0 *1 A Kzs'no Billing Contact Phone Number: S 6) S /.1 S 6 s 7
Billing Contact E-mail Address: �S r& LC-Q �. Billing Address: 3J % - c�Ui✓.S� F1lT�r✓�cx.5�9�0M Ft -
Location of the First Day of Course:
Building/Department: ILQ U6S''1A FFIL S�- SS Street: 3 S7 ZQ LGSjl_�+ Da
City/State/Zip: • 6 Q L)C- ':M F L 3 3 y 6 % Class begins at (time): 8:00 AM
Contact Person (Please List Two):
Name 1: 201W A ,�QS�/� Jam- Work Phone: _5 G_t 76 8 oS-6 6
Cell Phone: ,5 6 ( S /a S U 3 % Email Address: �I�-0 S I7 0 C f uC� j 8
Name 2:-_juji`T�,�d/J ,S Work Phone: tTG /- %� > • S S
Cell Phone: 5-64 J /J- :s 8 3 7 Email Address: Sj-D/(C S e Tpog.5 -771 O (-C7
Lodging Recommendations: r `L,,
Name: LA Q rWA SPiU V/ W4/-0nAM Address: 7y�ER-h1/�1'S wA4
Hotel Phone: 5761 0S 7401 Group Room Rates (if applicable):
Rates good through (date): A/ Group Rate Listed Under: it
Airport Destination for Instructor: pp JSA Drive time to airport: 3 0 M i . j �<-s
Rental Equipment Recommendation: _SUP 177�- Dim c e?,jai1.. a, r Ho& 6?J /
Other Public Safety Dep rtments (within 100 mile radius) who may be interested in attending:
Agency Name: __ / - Address:
Contact Name (if known):
Phone/Email:
Other Public Safety De artments (within 100 mile radius) who may be interested in attending:
Agency Name: �`� Address:
Contact Name (if known): Phone/Email:
Page 56 of 768
Agenda Item #5.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequesta
r
Tequesta Public Works Department Memorandum
To: Jeremy Allen, Village Manager
From: Douglas M. Chambers, Director Public Works
Subject: FPL Led Streetlight Agreement
Date: May 24, 2023
561-768-0700
www.tequesta.org
The Following agenda item is an agreement with FPL to remove 2 decorative streetlights from
the NW and NE corners of Tequesta Drive and Seabrook Road.
The Decorative streetlights are not needed due to the Streetlights installed on Palm Beach
Counties Traffic Signal Poles.
Doug Chambers
Director
Department of Public Works
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 57 of 768
Agenda Item #5.
FPL
LED LIGHTING AGREEMENT
FPL Account Number: 84098-22114
12239682
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 lighting 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 (1) Watts Lumens Temperature Installed Removed
AMER REV 74W 3000K - 2
(1) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/led
III
Page 58 of 768
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 59 of 768
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), furnish to the Customer theelectric
energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this Agreement,all in
accordance with the terms of FPL's 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 FPUs 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 60 of 768
Agenda Item #5.
14. This Agreement shall be for a term of ten (10) 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
extension 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 expiration 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 cost of thefacilities
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 service 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, lockouts, 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 shall 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 repairing or making more efficient all or any part of its generating or other electrical equipment.
18. This Agreement supersedes all previous Agreements or representations, either written, 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 remedies 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 FPL's 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 terms of this Agreement 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 representatives to 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)
Jeremy Allen Digitally signed by Jeremy Allen
By:
Date: 2023.05.02 08:49:10-04'00'
Signature (Authorized Representative)
ercml /N1%n%
(Print or type n/a► e) /
Title:
FLORIDA POWER & LIGHT COMPANY
By:
(Signature)
McCis' sa yva
(Print or type name)
Title: FPL LT-1 Representative
Page 61 of 768
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 62 of 768
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 63 of 768
Agenda Item #5.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequesta
Tequesta Public Works Department Memorandum
To: Jeremy Allen, Village Manager
From: Douglas M. Chambers, Director Public Works
Subject: GA's Lawn Mower Inc. Credit Application
Date: May 24, 2023
561-768-0700
www.tequesta.org
The Following agenda item is standard credit application. We will utilities GA's Lawn Mower Inc.
on an as needed basis for landscape equipment repairs.
Funding for services is budgeted and available in account 001-210-546.310
Doug Chambers
Director
Department of Public Works
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 64 of 768
Agenda Item #5.
EWS LAWN MOWER INC.
106 Commerce Way B2
JUPITER, FL 33458
PHONE: 561-746-4457
EMAIL: pnio%%eratm2(a zmail.cum
WEB: WWW.GALAWNMOWER.COM
CONFIDENTIAL CREDIT APPLICATION
date 4/28/2023
NAME: Village ofTeguesta SS/EIN S9-6o44o8i D/O/B
HOME ADDRESS: 136 Bridge Road
CITY: Teguesta STATE: FL ZIP CODI 33469 PHONE 561-768-o482
BUSINESS INFORMATION
BUSINES: NAME: Village of Teguesta
ADDRESS: 136 Bridge Road _
CITY: Teguesta STATE: FL ZIP CODI 33469 PHONE: 561-768-o482 F.LD
CORPORATION PARTNERSHIP SOLE PROPRIETORSHIP GOVERNMENT X
FINANCIAL INFORMATION
NAME OF BANK: TD Bank
BANK ADDRESS: 2130 Centre Park West Drive
CITY: West Palm Beach STATE: FL
ACCOUNT NUMBER:
CREDIT REFERENCES
BANK NAME: Advantaee Bundline SP LLC
PHONE: 561-838-2245
ADDRESS: 2228 Page Road Ste io3
CITY: Durham STAE: NC PHONE: 866-286-3546
ACCOUNT NUMBER: LOAN OFFICER:
FINANCES COMPANIES
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PHONE:
PHONE:
PHONE:
I herby authorize GA's lawn Mower Inc. the above inforamtion is true and is given to contact the above credit references.
GENERAL TERMS AN D CONDITIONS
t. All invoices will be paid according to the prices and terms
2. If invoices are not paid within 3o days, all invoices will be considered past due.
3. all past due balaces will be charge interest 1.5% per month or the maximum allowed under applicable state law
4. no orders or job will be taken if a previous invoice is past due at time
5. failure to pay any indebtdness when due at GA's Lawn Inc. The account will be close,
attorneys and courts fees may be assessed to collect past due money.
I HAVE READ THE TERMS AND CONDITIONS STATED ABOVE J AGREE TO ALL THESE TERMS & CONDITIONS
Signature applicant
Title:
Salesman Name:
Jeremy Allen Date]02 0 010g21 vo:roa
date
Page 65 of 768
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 66 of 768
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 67 of 768
Agenda Item #5.
Village
345 Tequesta Drive
Tequesta, FL 33469
Date: May 26, 2023
To: Jeremy Allen, Village Manager
of Tequesta
Through: Marjorie G Craig, PE, Director, Utilities Department 0
From: David Tinoco
561-768-0700
www.tequesta.org
Re: Request Approval for Stormwater Emergency Repairs Completed by Johnson -Davis, Inc.,
at 12 Country Club Circle
The Village of Tequesta Utilities Department (UD) requests approval of proposal and final
invoice from Johnson -Davis Inc. for emergency repairs to an 18 inch stormwater drainage pipe
located at 12 Country Club Cir. The emergency repairs were necessary to stop the continued
erosion and washout of the backyard's foundation near the seawall, which was being eroded by
the stormwater drainage pipe failure (joint separation).
The funds will be taken from the Stormwater Fund account number 403-250-546.308 —
Drainage Maintenance.
Please see the budget summary table below:
Stormwater Drainage
Maintenance
FY23
Budget
Activity/
Encumbered
This Request
Remaining
403-250-546.308
$60,600
$23,227.24
$7,500
$37,372.76
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 68 of 768
Agenda Item #5.
VOT 18" RCP Drainage Repair 12 Country Club Cir.
Johnson Davis Inc.
604 Hillbrath Dr.
Lantana, FI 33462
Contact: Wm. Clark C. Cryer
Phone: 561 588 1170
Email: ccryer@johnsondavis.com
Quote To: Village of Tequesta Job Name: VOT 18" RCP Drainage Repair 12 Coun-
Attn: David Tinoco Date of Plans: No Plans
Water Distribution & Stormwater
Phone: (561) 768-0484 Revision Date: N/A
Email dtinoco@tequesta.org
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
10
PRECONSTRUCTION VIDEO
1.00
LSU
450.00
450.00
50
GENERAL CONDITIONS (PORT-0-LET ETC.)
1.00
LSU
300.00
300.00
60
MOBILIZATION
1.00
LSU
1,500.00
1,500.00
70
MOT
1.00
LSU
200.00
200.00
120
CONCRETE COLLAR
1.00
EA
2,800.00
2,800.00
130
18" RCP POINT REPAIR
1.00
LSU
6,200.00
6,200.00
150
SPRINKLER REPAIR
1.00
LSU
200.00
200.00
200
FENCE REPAIR
1.001
LSU
1 1,750..00
1,750.00
210
SOD (FLORITAM)
I 11.001
SY
1 5.00
555.00
GRAND TOTAL $13,955.00
Si e by: Jeremy Allen, Village Manager
Page 1 o 1
Page 69 of 768
Agenda Item #5.
May 25, 2023
Village of Tequesta
136 Bridge Road
Tequesta, FL 33469
Attn: Accounts Payable
Mir@
At
&D
JOHNSON-DAVIS INC.
"Construct with Confidence"
Re: 12 Country Club Circle -Drainage Repair Invoice No.: J-D 86109-01F
The following is our cost summary for emergency work performed at the above referenced project.
Lump Sum: $7,500.00
Total Due J-D 86109-01F $7,500.00
Thank you.
Please review and forward for payment.
�,X` IIY�d
Main office: 604 Hillbrath Drive- Lantana, FL 33462 • Phone: 561-588-1171 • Fax: 561-585-5252 a 0 of 768
����yCONiBA���QS Ft. Pierce Office: 863 S. Kings Hwy- Ft. Pierce, FL 34945 -Phone: 772-468-9200 • Fax: 772-468-9202
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 768
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 768
Agenda Item #5.
Village
345 Tequesta Drive
Tequesta, FL 33469
Village Clerk's Office Memorandum
TO: Manager Jeremy Allen
FROM: Lori McWilliams, Village Clerk
DATE: 5/16/2023
SUBJECT: JustFOIA — Public Record Software Upgrade
561-768-0700
www.tequesta.org
The attached request is to upgrade our JustFOlA public record software when our contract
expires in July. The upgrade will provide for a more enhanced workflow automation, the ability
to create folders for individual departments to transfer their files into, the ability redact right in
the software, and additional training.
We are one of the original clients of JustFOIA (2018) and they have not increased our contract
in the five years.
Current Price: $3100 (the old platform will no longer be serviced)
Upgrade Price: $6195 (price includes a $1500 discount)
We have looked at other vendors and they are double the cost.
Page 73 of 768
Agenda Item #5.
This Order, designated as Order No. 27386 (this "Order") is entered into as of the date of the last signature (the "Order
Effective Date"), by and between JustFOIA and Customer.
A. No amendment or modification to this Order will be valid unless set forth in writing and formally approved
by authorized representatives of both parties.
B. No change order, notice, direction, authorization, notification, or request will be binding upon Customer or
JustFOIA, nor will such change be the basis for any claim for additional compensation by JustFOIA, until
Customer and JustFOIA have agreed in writing to such change, or to execute a new order, as appropriate.
C. Unless provided to the contrary in this Order, to the extent there are any conflicts or inconsistencies between
this Order and a Customer purchase order, the provisions of this Order shall govern and control. Use of pre-
printed forms, including, but not limited to email, purchase orders, shrink-wrap or click -wrap agreements,
acknowledgements, or invoices, is for convenience only and all pre-printed terms and conditions stated
thereon, except as specifically set forth in this Order, are void and of no effect.
D. This Order may be executed in several counterparts, each of which will be deemed an original, and all of which
taken together will constitute one single agreement between the parties with the same effect as if all the
signatures were upon the same instrument. The counterparts may be executed and delivered by facsimile or
other electronic signature (including portable document format) by either of the parties and the receiving
party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if
the original had been received.
E. This Order, and any claim dispute or controversy hereunder (a "Dispute"), will be governed by the laws of the
state where Customer is located, in each case without giving effect to any principles of conflicts of laws. The
UN Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act
will not apply. In any Dispute, each party will bear its own attorneys' fees and costs and expressly waives any
statutory right to attorneys' fees.
F. This Order is subject to the Assumptions, Terms & Conditions set forth below.
G. This, and the preceding Sections of this Order shall survive after termination or expiration of the same.
[remainder of page intentionally left blank]
JustFOIA ( order
(rev. 5/3/2023)
Page 1 of 12
Page 74 of 768
Agenda Item #5.
IN WITNESS WHEREOF, the parties hereto have caused this Order to be executed by their respective duly authorized
representatives, evidenced by their signatures below, as of the Order Effective Date.
JustFOIA, Inc. ('JustFOIA')
Signed:
Name:
Title:
Date:
JustFOIA I Order
(rev. 5/3/2023)
VILLAGE OF TEQUESTA ("Customer")
Date: J�"1"1
345 TEQUESTA DRIVE
TEQUESTA, FL 33469
Page 2 of 12
Page 75 of 768
Agenda Item #5.
WAKNI r
0 JustFOIA
3717 Apalachee Parkway, Suite 201
Tallahassee, FL 32311
850,701.0725
850.564,7496 fax
Customer Name: Village of Tequesta
Customer Address: 345 Tequesta drive, Tequesta, FL 33469
Quote Number: 27386
Quote Type: Platform Upgrade
Bill/Ship to: Lori McWilliams
l_n cwiIIJr3Tna@gUUW_Q_r8
cc AP Contact: n/a
Quote Date: May 03, 2023
Subscription Period Start Date:
June 17, 2023
Subscription Period End Date:
June 16, 2024
/i/,.oi ii��./ //i„d2..✓ /i,�i�i/�����: ��/�y����i/�i�� //��/��/ � :/9p%/i������ .. / / .� ✓�,,. ii�./ „l �,i7r ��j
Q JustFOIA Pro Tier 1: Up to 10,000 Population 1 $4,950.00 $4,950.00
Q Any&All Document Management forJustFOIA Pro 1 $1,237.50 $1,237.50
Q Unlimited Admins, Power Users & General Users 1 Included Included
Q 3 TB of Storage 1 Included Included
SUBTOTAL - RECURRING ANNUAL SERVICES
/o
JustFOIA SERVICE PACKAGES
Q Any & All Document Management Configuration 1 $750.00 $750.00
Q Standard to Pro Upgrade Package 1 $750.00 $750.00
Q Initial Discount-Justr:OIAOne-time Services 1 ($1,500.00) ($1,500.00)
Discount is based on this quote and if the quote changes the discount
amount is subject to change.
SUBTOTAL - ONE-TIME SERVICES
EXISTING IustFOIAANNUAL SUBSCRIPTION
Q JustFOIA Subscription City Tier 1: Up to 10,000 -1
Q Laserfiche Integration -1
Q Training Center for JustFOIA -1
Q JustFOIA Subscription Credit Proration 1
This is NOT an invoice. Please use this confirmation to initiate your purchasing process.
JustFOIA I order
(rev. 5/3/2023)
Page 3 of 12
Page 76 of 768
Agenda Item #5.
RECURRING SERVICES
Customer has elected to license the JustFOIA software provided as a service (the "Solution").
The Recurring Services portion of this Order and/or applicable Addendum will systematically renew unless written
notice of termination has been provided. An annual increase of 5% will be applied to the immediately preceding
annual rates (excluding any initial or one-time discounts) unless Customer has terminated the Order and/or
Addendum earlier, as set forth below, or provided sixty (60) days written notice prior to the scheduled renewal date
of the Recurring Services.
SALES TAX
Sales tax will be invoiced where the Customer is not exempt and/or has not communicated its tax status to JustFOIA.
Sales tax is not included in the fee quote above.
TERM
Either party may terminate this Order upon any of the following:
(a) Thirty (30) days after a party's receipt of written notice from the other party that this Order and/or applicable
addendum shall be terminated; or
(b) Thirty (30) days after one party notifies the other in writing that they are in breach or default of this Order, unless
the breaching party cures such breach or default within such thirty (30) day period; or
(c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either party, any insolvency of a party,
any appointment of a receiver for such party, or any assignment for the benefit of such party's creditors (a
"Bankruptcy Event'), unless such party cures such Bankruptcy Event within the fifteen (15) day period; or
(d) If Customer has not paid in full the renewal invoice within 45 days after scheduled renewal date of the Recurring
Services, the Order (and/or applicable addendum) will systematically terminate, but may be reinstated if/when
the Customer pays the renewal invoice in full (including any applicable reinstatement fees); or
(e) If Customer is a city, county, or other government entity the following applies: If Customer's governing body fails
to appropriate sufficient funds to make payments due and to become due during Customer's next fiscal period,
Customer may, subject to the terms herein, terminate the Order as of the last day of the fiscal period for which
appropriations were received (each an "Event of Non -appropriation"). Customer agrees to deliver notice of an
Event of Non -appropriation to justFOIA at least 30 days prior to the end of Customer's then -current fiscal period,
or if an Event of Non -appropriation has not occurred by that date, promptly upon the occurrence of any such
Event of Non -appropriation. If this Order is terminated following an Event of Non -appropriation, Customer
agrees to compensate JustFOIA for services rendered prior to such Event of Non -appropriation.
JustFOIA I Order
(rev. 5/3/2023)
Page 4 of 12
Page 77 of 768
Agenda Item #5.
BILLING TERMS
BILLING
JustFOIA will invoice Customer as follows:
)ustFOIA shall not send any invoices, nor claim payment, for any fees or expenses incurred by JustFO1A until both
parties authorize this Order.
PAYMENT
Customer agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30)
days from the date of each invoice. Once payment has been received, no refunds for Recurring Services are available.
JustFOIA I Order
(rev. 5/3/2023)
Page 5 of 12
Page 78 of 768
Agenda Item #5.
SUPPLEMENTAL SUPPORT
Each customer's annual renewal covers Solution break/fix support, version updates, and continued educational
resources including the Training Center for JustFOIA. justFOIA offers supplemental support packages to cover remote
training, basic configuration services, and maintenance of existing custom workflows. JustFOIA's Administration
Assistance package is strongly encouraged to be included with every renewal.
QrESCRP!Oi41 �J►P SUPPOR
n
S to lard
Support
A drn>Inlstration
Assistance
a Easy access to justFOIA's team of support technicians for break/fix support issues
V
,t
(i.e error codes, bug fixes, etc.) & basic Q&A supporter �......-..._,_ .._._...._..__ �.._._.__.W.-._,
Remote access support through web meeting
._.......... _ .. _ ...,_ _.Y..
• Automatic product version updates, security updates, and hotfixes
-- ._ . _ ......
..---.-......... _............
._ ... . .__... __ . _... . .......... _-_._.. ..._.._.._.� _�__._-__,.......... _
Customized Training Center for justFOIA LMS
__. .. _ ..__--...._ _.___ .____. ..___. . ...__........ ...._
a Access to higher -level sup ort technicians with enhanced. knowledge
a
--........... __...__......__._...._......_.....__.......... ...__._....__.......,._........... ......__.......__.. .... _......... ......... ....... _�
• Institutional knowledge of Customer's Solution
./
_.� .,._ ___........_..... ......... .......... __. __............ _....... .....___..... ..... ........ ................ -._._ ............. __ __._...-_,..,._........ __
■ Additional Web -Based Basic Training for New/Existing Users
--------- ____.
-............ _ _..___ ....... .-..__......
Additional Web -Based Admin Training for New/Existing Users
...---....._._._._..__......__._.... ___.......... .... _............ _..__.._.....___.._..... ... ___ ___._. __.__._...._..__--- __._._._.
■ Annual System Review (upon Customer request)
f
..... _.......... ...... ..... . ..:___._ ..___. _ .:___ .._....... .:__--_..__
m Additional System Settings Consultation
J
_ _,._. v _ _.___.......--- _ ...... ._r.. _ ._._.._. ., ._ _
■ Assistance with updating Public Portal components
-- _..__
..._ _...,_ W __., ...... .
._......... -,..._-- ......._,. __............. _.._...... ........._
• Configuration of dynamic fields and deflection tools
./
• Creation of new forms/updating of existing forms
__.. .._........... ..._. ...._............... ._. __ _ ,.._...... .....
Configuration of workflow settings, including new and adjustments
Adjustments to user -created and/or system -generated email templates
■ Maintenance of custom workflows
./
*Hours: JustF01A allows customers to use their hours for a multitude of services, as long as a request will not start a service that cannot be
completed with the hours available. The creation of custom workflows is not included in Administration Assistance.
ADMINISTRATION ASSISTANCE
Want an enhanced level of support? Use JustFOINs Administration Assistance hours for consultation, training, and
configuration services. You'll receive a 10% discount offJustF01A's Support Technician hourly rate when purchasing
this block of hours in advance. The number of hours will expire on the same date as the Subscription Period End Date.
With JustF0IA Administration Assistance, our stellar support team can be available for the following:
ENHANCED KNOWLEDGE
You'll have access to our team of more knowledgeable support technicians.
ADDITIONAL TRAINING
Additional web -based training is conducted to train new users or as refresher training for existing users.
SYSTEM CONSULTATION
JustFOIA offers additional best practices consultation that includes recommendations for adding additional
departments, statuses, email templates, etc.
CONFIGURATION SERVICES
Basic configuration services for request form(s) and associated workflow(s), email templates, tags, dynamic fields, and
more.
MAINTENANCE SERVICES
JustFOIA ( order
(rev. 5/3/2023)
Page 6 of 12
Page 79 of 768
Agenda Item #5.
For customers with a custom workflow, we will make minor adjustments such as changes in the routing individual to
maintain your custom workflow.
1ustFOIA I Order
(rev. 5/3/2023)
Page 7 of 12
Page 80 of 768
Agenda Item #5.
SERVICE PACKAGES
GENERAL ASSUMPTIONS
The following assumptions serve as the basis for the Service Package(s) reflected below. Any service or activity not
described below is not included in the scope of services to be provided. Variations to the following may impact the
Service Package's cost and/or schedule justifying a change order.
JustFOIA's completion of a Deliverable to Customer shall constitute that justFOIA has conducted its own review
and believes it meets Customer's requirements. Customer shall then have the right to conduct its own review
of the Deliverable as Customer deems necessary. If Customer, in its reasonable discretion, determines that
any submitted Deliverable does not meet the agreed upon expectations, Customer shall have five (5) business
days after justFOIA's submission to give written notice to justFOIA specifying the deficiencies in reasonable
detail. JustFOIA shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any
such deficiencies, justFOIA shall resubmit the Deliverable for review as set forth above. Notwithstanding the
foregoing, if Customer fails to reject any Deliverable within five (5) business days, such Deliverable shall be
deemed accepted.
If either parry identifies a business issue during the project, JustFOIA and Customer mustjointly establish a
plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of
identification. Any necessary business decision resulting from the identified business issues must be made by
Customer within five (5) business days from request.
Customer will maintain primary contacts and project staff for the duration of the project, as a change in staff
may result in a change order for time spent by JustFOIA on retraining, reeducating, or changes in direction.
Customer will ensure that all Customer's personnel who may be necessary or appropriate for the successful
performance of the services will, on reasonable notice: (i) be available to assist justFOIA personnel by
answering business, technical and operational questions and providing requested documents, guidelines, and
procedures in a timely manner; (ii) participate in the services as reasonably necessary for performance under
this Order; and (iii) be available to assist justFOIA with any other activities or tasks required to complete the
services in accordance with this Order.
Note that all services contracted for, must be done as part of the initial implementation. For the avoidance of
doubt, if there are services or portions thereof that the Customer does not elect to implement as part of the
initial implementation, such services are forfeited.
All services, unless otherwise noted, will be performed remotely.
STANDARD TO PRO UPGRADE PACKAGE
CUSTOMER TASKS & DELIVERABLES
m Complete JustFOIA Training Center training course(s)
• Attend remote JustFOIA Pro System Training
Determine if existing form(s) should be upgraded
Determine platform switchover date
JustFOIA TASKS & DELIVERABLES
Configure system with In-App Redaction (if necessary)
Set up Customer with Training Center accounts (if necessary)
Configure system with Advanced Reporting
Configure system with Dynamic Forms
Upgrade Customer forms (if necessary)
Set new Data Storage Limit
Enroll Customer in necessary Training Center courses
Conduct remote justFOIA Pro System Training (1 hour); recording made available in Training Center
JustFOIA I Order
(rev. 5/3/2023)
Page 8 of 12
Page 81 of 768
Agenda Item #5.
ANY & ALL DOCUMENT MANAGEMENT CONFIGURATION
CUSTOMER TASKS & DELIVERABLES
a Complete justFOIA Document Management Course in the justFOIA Training Center
JustFOIA TASKS & DELIVERABLES
a Configure and implement Any & All Document Management module
1UstFOIA ( Order
(rev. 5/3/2023)
Page 9 of 12
Page 82 of 768
Agenda Item #5.
ASSUMPTIONS, TERMS & CONDITIONS
THESE ASSUMPTIONS, TERMS AND CONDITIONS APPLY TO ALL ORDERS PLACED FOR THE SOLUTION.
THESE PROVISIONS SHALL SURVIVEAFTER TERMINATION OR EXPIRATION OFANYAND ALL PORTIONS OF THE ORDER,
WARRANTIES & DISCLAIMERS
JUSTFOIA DOES NOT PROMISE THAT THE SOLUTION WILL BE UNINTERRUPTED OR
ERROR -FREE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT iN
INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER
PRIVACY, CUSTOMER DATA, CONFIDENTIAL INFORMATION, AND PROPERTY.
JustFOIA Warranties. JustFOIA warrants that (i) the Solution shall perform
materially in accordance with any specifications or descriptions set forth herein,
(ii) subject to exceptions related to non: JustFOIA software, the functionality of the
Solution will not be materially decreased during the term of this Order, (iii) JustFOIA
will use industry standard measures to not transmit malicious code and the like
("Malicious Code') to Customer, provided that if Customer or a user uploads a file
containing Malicious Code into the Solution Customer shall be liable for the same;
and (iv) to JustFOIA's knowledge, Customer's use of the Solution in strict
compliance with the Order shall not infringe or violate the intellectual property
rights of.any third -party. JustFOIA also represents that it uses E-Verify to verify the
work authorization of all newly hired employees.
The warranties herein are void to the extent of any Customer failure to perform in
accordance with the Order and any licensing terms. JustFOIA shall not be
responsible for any decrease in functionality or other issues. that are the result of
(1) the Solution not being used in accordance with the Order, (11) the Solution being
modified or altered by or on behalf of Customer without JustFOINs written
permission, or (III) Internet or network connections, third -party software,
streaming services, computers, equipment and/or devices not supplied by
JustFOIA.
Customer Warranties. Customer warrants that JustFOlA's use of Customer data
and/or any other item provided by Customer, in accordance with the Orderwill not
infringe or violate the intellectual property or other rights of any third -party.
Customer warrants that it shall have all rights and licenses of third -parties
necessary or appropriate for JustFOIA to.access or use such third -party products
and agrees to produce evidence of such rights and licenses upon the reasonable
request of JustFOIA.
LICENSED SOFTWARE AND SERVICES
During the term of the Order and any applicable addenda, JustFOIA grants to
Customer and Customer accepts a non -transferable, revocable, non=exclusive and
limited license to use the Solution as defined herein subject to the terms,
obligations and restrictions set forth in the Order. All rights to the Solution not
granted to Customer are reserved by.JustFOIA.
CUSTOMER RESPONSiBiLITIES
Files and other content that JustFOIA may provide to Customer may be protected
by intellectual property rights of others. Customer will not copy, upload, download,
or share files unless Customer has the right to do so. Customer, not JustFOIA, will
be fully responsible and liable for what is copied, shared, uploaded, downloaded
or otherwise used while using the Solution. Customer will not upload maiware or
any other malicious software to the Solution, Customer is also responsible for the
timely and accurate fulfillment of records requests, and ensuringthat no classified,
confidential, .or illegal information is provided to or through the Solution.
ACCEPTABLE USE POLICY
Customer agrees that it will not misuse or attempt to misuse the Solution, and
that the Solution will only be used in a manner consistent with the Order.
Customer may only upload public and non -confidential data to the Solution.
Customer acknowledges and agrees that all use of the Solution hosted on the
Azure Government Cloud is subject to the Microsoft terms and conditions
surrounding the same. JustFO1A's obligations and liability and Customer's
rights are limited by the same, Further, JustFOIA neither accepts liability for,
nor warrants the functionality, utility, availability, reliability or accuracy of,
third -party software or third -party services.
JustFOIA I Order
(rev. 5/3/2023)
INFORMATION & PRIVACY
By using the Solution, Customer will be providing JustFOIA with information.
Customer retains full ownership to its information; and JustFOIA does not
assert ownership. These Assumptions, Terms & Conditions do not grant
JustFOIA any rights to Customer's information or intellectual property except
for the limited. rights that are needed to run the Solution, as explained below.
JustFOIA may need Customer's. permission to handle its information as directed
and required for the functioning of the Solution. An example is hosting files or
sharing them. Customer hereby grants a license to JustFOIAto use and process
such information solely to the extent necessary to fulfill JustFOIA's obligations.
This license also extends to trusted third parties JustFOIA works with to do the
same.
Customer is solely responsible for its conduct, the content of its files, and its
communications with others while using the Solution. For example, it. is
Customer's responsibility to ensure that it has the rights or permission needed
to comply with these Assumptions, Terms & Conditions.
INFORMATION SHARING AND DISCLOSURE
JustFOIA may use certain trusted third -party companies and individuals to help
JustFOIA provide, analyze, and improve the Solution (including but not limited
to data storage, maintenance services, database management, web analytics,
payment processing, and improvement of the Solution's features). These third
parties may have access to Customer's information only for purposes of
performing these tasks on JustFQINs behalf and under obligations similar to
those inJUSLFOIA!S. privacy policy.
The parties acknowledge that in the course of the relationship between
Customer and JustFOIA, each may receive Confidential Information (as defined
below) of the other party. Any and all Confidential information in any form or
media obtained by Recipient (defined below) shall be held in confidence and
shall not be copied, reproduced, or disclosed to third parties for any purpose
whatsoever except as necessary in connection with the performance of the
applicable partys obligations. Each Recipient further acknowledges that It shall
not use such Confidential information for any purposes other than in
connection with the activities contemplated by the Order. All JustFOIA
personnel assigned by JustFOIA to Customer will sign appropriate forms of
confidentiality agreements on or prior to their start date.
"Confidential Information" means any and all confidential information of a
party disclosed to the other party, including, but not limited to, research,
development, proprietary software, technical information, techniques, know-
how, trade secrets, processes, customers, employees, consultants, pricing
information and financial and business information, plans and systems.
Confidential Information shall not include information -which: (1) was known to
the party receiving the information (the "Recipient) prior to the time of
disclosure by the other party (the "Disclosing Party; (ii) at the time of
disclosure is generally available to the public or after disclosure becomes
generally available to the public through no breach of the Order, these
Assumptions, Terms & Conditions or other .wrongful act by the Recipient; (iii)
was lawfully received by Recipient from a third -party without any obligation of
confidentiality; or (iv) is required to be disclosed by law or order of a court of
competent jurisdiction or regulatory authority.
The obligations set forth in this Section shall survive termination of the Order
for a period of three (3) years thereafter.
INTELLECTUAL PROPERTY
The Solution and any services surrounding the same herein are not considered
"Works, made for Hire" or otherwise a grant of any right, title or interest. Except
the license grant herein, all tights to the Solution and all services surrounding
the same are and remain with JustFOIA. Customer shall retain, a non-exclusive,
royalty -free, world-wide, perpetual license to use the outputs generated by
Page 10 of 12
Page 83 of 768
Agenda Item #5.
Solution and stored external to Solution by Customer during the Subscription
Period.
Except for the license grants hereunder, as between Customer and justFOIA,
Customer retains all rights to Customer data and information.
ACCOUNT SECURITY
Customer is responsible for safeguarding the passwords that are used to access
the Solution and agrees not to disclose passwords to any third -party. Customer
is responsible for any activity using its account, whether or not it authorized that
activity. Customer will immediately notify justFOIA of any unauthorized use of
Customer's account. Customer acknowledges that if it wishes to protect its
transmission of data orfiles to the Solution, it Is Customer's responsibility to use
a secure network to communicate with the Solution.
DATA RETENTION & ACCESS
justFOIA will retain Customer's information for as long as its account is active or
as needed to provide the Solution. if Customer wishes to cancel its account or
request that justFOIA no longer use Customer's information to provide the
Solution, Customer may request thatjustFOIA delete its account. justFOIA may
retain and use Customer's information as necessary to comply with legal
obligations, resolve disputes, and enforce mutual agreements. Consistent With
these requirements, JustFOIA will try to delete Customer's information quickly
upon request, Please note, however, that there might be latency in deleting
information from justFOIA servers and backed -up versions might exist after
deletion. in addition, justFOIA does not delete Customer Information from its
server's files that Customer has in common with 'other users. Customer
understands and agrees that. once the Customer instance of the Solution is
decommissioned, JustFOIA may not be able to provide Customer a copy of the
data included therein. Customer agrees that it will back up all Customer
Information that it requires. justFOIA may decommission any environment
after 45 days of Customer not maintaining an active subscription to the
applicable environment, including without limitation, as a result of non -renewal
and/or non-payment.
NONJUSTFOiA APPLICATIONS AND PROVIDERS
The Solution may contain links to third -parry websites or resources. justFOIA
does not endorse and is not responsible or liable for third -party website,
including, without limitation, availability, accuracy, the related content,
products, or services. Customer is solely responsible for Its use of any such
websites or resources.
Acquisition of Non justFOIA Products and Services. JustFOIA or third parties may
from time to time make available to Customer third -party products or services,
including. but not limited to non JustFOIA applications and implementation,
customization and other, consulting services. Such products and services shall
be clearly designated as provided by a third -party In the applicable Order, Any
acquisition by Customer of such non-lustFOIA products or services, and any
exchange of data between Customer and any non-justFOIA provider, Is solely
between Customer and the applicable non justFOIA provider. justFOIA does not
warrant or support products or services not provided by justFOIA, whether or
not they are designated by justFOIA as"Certified"(as that term is defined below)
or otherwise, except as specified in the Order and/or applicable addenda. No
purchase of non justFOIA products or services is required to use the Solution
except a supported computing device, operating system, web browser and
Internet connection, all of which Customer is solely responsible for providing in
accordance with the specifications that may be provided by justFOIA from time
to time. For purposes of the Order, "Certified" shall describe applications and
other products developed and sold by third parties that JustFOIA has verified
interoperate with the Solution.
Nonlu;AE-01&App.kcationssandSustamer_infQcmation. If Customer installs or
enables non justFOIA applications for use with the Solution, Customer
acknowledges that JustFOIA may allow providers of those non justFOIA
applications to access. Customer information as required for the
interoperation of such non-JustFOIA applications with the Solution. justFOIA
shall not be responsible for any disclosure, modification or deletion of
Customer information resulting from any such access by non justFOIA
JustFOIA I Order
(rev. 5/3/2023)
application and/or providers. The Solution shall allow Customer to restrict
such access by restricting users from installing or enabling such non justFOlA
applications for use with the Solution. JustFOIA is not responsible for, and
Customer agrees to hold justFOIA harmless from and indemnify JustFOIA
against any third -party claims or liability owed to third parties resulting from
any unauthorized use or disclosure or any damage or loss of Customer
information as a result of use of non justFOIA applications or access to
Customer information by non-justFOIA application and/or providers.
Integration with Not-lustFO1A Services. The Solution may contain features
designed to interoperate with non-JustFOIA applications (e.g., Laserfiche,
Adobe, Authorize .net, or PayPal applications). To use such features,
Customer may be required to obtain access to such non justFOIA applications
from their providers. If the provider of any such non justFOIA application
ceases.to make the non justFOIA application available for interoperation with
the corresponding Solution features on reasonable terms, justFOIA may
cease providing such features without entitling Customer to any refund,
credit, or other compensation, unless the provider of such non justFOIA
application .provides for a refund of such fees.
INDEMNIFICATION & LIMITATION OF LIABILITY
(a) General indemnification.
JustFOIA ("Indemnifying Party") shall indemnify, defend and hold the
Customer harmless against any loss, damage or costs (including reasonable
attorneys' fees) in connection with third -party claims, demands, suits, or
proceedings ("Claims") to the extent caused .by the Indemnifying Party and
related to:
• Bodily injuryor personal property damage arising out ofthe indemnifying
Parry's performance within the :scope of its responsibilities under the
Order;
• A breach of the Indemnifying Parry's obligations with respect to
confidentiality;
• A breach by the Indemnifying Parry of applicable laws; or
• The grossly negligent acts, or willful misconduct of the Indemnifying.
Party.
(0) Intellectual Property indemnification.
justFOIA shall defend, indemnify; and hold Customer harmless against Claims
made or brought against Customer by a third -parry, alleging•thatthe use :ofthe
Solution, as provided to Customer under the applicable Order hereto:and used
In accordance with the Order and relevant documentation, infringes any third -
parry's intellectual property rights. Notwithstanding the foregoing, justFOJA
shall not be required. to indemnify Customer to the extent the alleged
infringement: (x) is based on information or requirements furnished by
Customer, (y) is the result of a modification made by a party other than
justFOlA, or (z) arises from use of the Solution in combination with any other
product or service not provided or approved in writing byJustFOIA. If Customer
Is enjoined from using the Solution, or JustFOIA reasonably believes that
Customer will be so enjoined, justFOIA shall have the right, at its sole option, to
obtain for Customer the right to continue use of the Solution or to replace or
modify the same so that it is no longer infringing. If neither of the foregoing
options is reasonably available to justFOIA, then the Order and/or applicable
addendum may be terminated at either parry's option, and justFOIA's sole
liability shall be subject to the limitation of liability provided In this Section.
(c) Limitation of Liability.
(i) iN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, EXEMPLARY,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST REVENUES, PROFITS, SAVINGS OR BUSINESS) OR LOSS OF
RECORDS OR DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES
HAS BEEN DISCLOSED TO SUCH PARTY IN ADVANCE OR COULD HAVE BEEN
REASONABLY FORESEEN BY SUCH PARTY, AND WHETHER IN AN ACTION BASED
ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) OR OTHERWISE. EXCEPT FOR A PARTY'S
INDEMNIFICATION OBLIGATIONS, EACH PARTY'S MAXIMUM AGGREGATE
LIABILITY FOR ALL CLAIMS, LOSSES OR OTHER LIABILITY ARISING OUT OF, OR
CONNECTED WITH THE ORDER, THE SERVICES, DELIVERABLES AND/OR
SOLUTION PROVIDED, OR CUSTOMER'S USE OF ANY SUCH SERVICES,
DELIVERABLES, AND/OR SOLUTION, SHALL IN NO CASE EXCEED THE
Page 11 of 12
Page 84 of 768
Agenda Item #5.
AGGREGATE AMOUNTS PAID TO JUSTFOIA BY CUSTOMER UNDER THE
APPLICABLE ORDER OR ADDENDUM, GIVING RISE TO SUCH CLAIM DURING THE
LAST SIX (6) MONTHS.
(il) INDEMNITOR IS NOT REQUIRED TO SPEND MORE THAN $100,000
PURSUANT TO THIS SECTION, INCLUDING WITHOUT LIMITATION ON
ATTORNEYS' FEES, COURT COSTS, SETTLEMENTS, JUDGEMENTS, AND
REIMBURSEMENT OF COSTS.
The parties acknowledge that the limitation of warranties and liabilities as set
out in this Order are an essential basis. of this Order between the parties and
that the prices agreed to be paid by Customer for Solution reflect these
limitations.
INSURANCE
During the term of this Order, justFOIA shall carry, at its sole expense,
insurance coverage to include at a minimum the following:
• Workers Compensation: Statestatutory limits and $1,000,000 employers'
liability
• Comprehensive General Liability: $2,000,000 per occurrence and
$4,000,000 in the aggregate
• Professional Liability and Errors& Omissions: $1,000,000per occurrence
and $3,000,000 in the aggregate
• Cyber and Technical Errors and Omissions: $3,000,000. in the aggregate
JustFOIA, at Customer's request, will name Customer as an additional insured
under the Comprehensive General Liability polity. JustFOIA "represents that
Customer is automatically included as an additional Insured under the Errors
and Omissions and Cyber and Technical Errors and Omissions policies for
vicarious liability but no modified certificate of insurance will be provided.
GOVERNMENT PROVISIONS
The provisions below are applicable only if Customer is a city, state; or other
governmental entity and then only to the extent required by laws rules and
regulations applicable to such entity.
(a) Compliance with Laws.
To the extent applicable to the parties each party shall comply with and give all
notices required by all applicable federal, state, and local laws, ordinances,
rules, regulations, and lawful orders of any public authority bearing on use of
the Solution and the performance of the Order.
(b) Equal Opportunity.
To the extent applicable to the parties each shall abide by the requirements of
41 CFR 60-1 A(a), 60-300,5(a) and 60.741.5(a), and the posting requirements of
29 CFR Part 471, appendix A to subpart A, if applicable. These regulations
prohibit discrimination against qualified Individuals based on their status as
protected veterans or individuals with disabilitiesandprohibit discrimination
against all individuals based on their race, color, religion, sex, sexual
orientation, gender identity or national origin.
(c) Excluded Parties List.
To the extent required by law, justFOIA agrees to immediately report to
Customer if a justFOIA employee or contractor is listed by a federal agency as
debarred,excluded or otherwise ineligible for participation in federally funded
health care programs.
MISCELLANEOUS
(a) Force Majeure.
If either of the parties hereto are delayed or prevented from fulfilling any of its
obligations under the Order by force majeure, said parties shall not be liable
under the Order for said delay or failure. "Force Majeure" means any cause
beyond the reasonable control of a party including, but not limited to, an act of
God, an act or omission of civil or military authorities of a state or nation,
epidemic, pandemic, fire, strike, flood, riot, war, delay of transportation, or
inability dueto the aforementioned causes to obtain necessary labor, materials
or facilities.
(b) Audit Rights.
With reasonable notice and at a convenient location, Customer will have the
right to audit JustFOIA's records to verify that JustFOINs invoicing to Customer
is correct.
JustFOIA I order
(rev. 5/3/2023)
In addition, should any of Customer's regulators legally require access to audit
justFOIA records, JustFOIA will, to the extent legally required by such
regulators, provide access for the same. All results of such audits shall be
JustFOIA Confidential Information.
Customer shall bear all costs associated with audits.
(c) Assignment.
Neither party may assign or otherwise transfer any of its rights, duties or
obligations under the Order without the prior written consent of the other
party. Either party, however, without any requirementfor prior consent bythe
other, may assign the Order and its rights hereunder to any entity who
succeeds (by purchase, merger; operation of law or otherwise) to all or
substantially all of the capital stock, assets or business of such party, if the
succeeding party or entity agrees in writing to assume and be bound by all of
the obligations of such party under the Order. The Order shall be binding upon
and accrue to the benefitof the parties hereto and their respective successors
and permitted assignees:
(d) Publicity.
JustFOIA may use the name of customer, ,the existence of this Order and the
nature of the associated services provided herein for marketing purposes,
except that such use shall not include any Customer Confidential Information.
(e) Provisions Severable.
If any provision in the Order is held by a court of competent jurisdiction to be
Invalid, void, or unenforceable, then such provision shall be severed from the
Order and the remaining provisions will continue in full force.
(f) Relationship of Parties.
JustFOIA's relationship to the Customer is solely that of an independent
contractor and nothing herein expressed or implied is intended, or shall be
construed, to confer upon or give to any person or entity, other than the
parties; any right or remedy under or by reason of this Order.
(g) Payment
Once payment has been received, no refunds for Recurring Services (Annual
Subscriptions) are available.
(h) Notices.
All notices, demands and other communications required or permitted
hereunder or in connection herewith shall be In writing and shall be deemed
to have been duly given if delivered (including by receipt verified electronic
transmission) or five (5) business days after mailed in the Continental United
States by first class mail, postage prepaid, to a Party at the following, address,
or to such other address as such Party may hereafter specify by notice:
justFOIA, Inc.
3717 Apalachee Parkway, Suite 201
Tallahassee, FL 32311
Attn: Legal Department
Email: lego0justfoia.com
Page 12 of 12
Page 85 of 768
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 86 of 768
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 87 of 768
Agenda Item #5.
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Date: May 26, 2023
To: Jeremy Allen, Village Manager
Through: Marjorie G Craig, PE, Director, Utilities Department
From: David Tinoco, Distribution & Stormwater Superintendent
561-768-0700
www.tequesta.org
Re: Consider Approval of Agreement with LineTec, Inc., to Provide Boring Services at a Cost
of $700 to Install a Water Service Line at 72 Golfview Drive
The Village of Tequesta Utilities Department (UD) recommends approval of an agreement with
LineTec, Inc., for $700 to provide horizontal directional drilling (HDD) services that will include
all labor and required equipment to install a 2-inch PVC sleeve under the road in front of 72
Golfview Dr in Tequesta. This is for a new water service line.
UD staff will perform all other related work for the water service installation such as tapping
the water main, running a new service line from the water main to the meter, installation of the
water meter, and any related valves.
The funds will be taken from the Water Fund Distribution Division account number 401-243-
546.342 —Water System Maintenance.
Please see the budget summary table below:
Water System
Maintenance
FY23
Budget
Activity/
Encumbered
This Request
Remaining
811 Locate Fees
$1,500
$795.36
N/A
$704.64
Operating Supplies —
Directional Drilling
Services
$60,000
$27,834.61
$700
$20,634.61
Rentals
$3,000
$0
I N/A
$3,000
TOTAL BUDGET
$64,500
$28,629.97
F $700
$24,339.25
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 88 of 768
Agenda Item #5.
Ii Nl Tt C
Professional Underground Utilitv Contractor
241 NW 18th Ave I Delray Beach, FL 33444 1 Ph: 561.279.1032 1 Fax: 561.279.1044 1 www.linetecinc.com
Estimate
Date I Estimate #
1 5/ 10/2023 I 10685
Name / Address
Village of Tequesta
136 Bridge Rd
Terms
P.O. No.
Project
Tequesta, Florida 33469-0474
Net 30
72 Golfview Dr, 2" Casing
Description
Cost
Qty
Total
This estimate is for the installation of approximately 38 feet of 2" schedule 40 PVC sleeve under existing
roadway at 72 Golfview Drive in Tequesta. This sleeve will be installed via missile boring for installation of
new water service line. Note: Area is white lined for bore location for line
2" Sch 40 PVC Sleeve
Minimum Charge for Casing Installation
16.00
700.00
0
1
0.00
700.00
This estimate covers all labor, equipment, materials and restoration costs to complete this project, excluding
any new sod, asphalt or concrete patching.
Utilities owned by the property ie. sprinklers, lighting, sewer laterals, will need to be located by the property
owner or a drawing showing the possible conflict will need to be supplied to Line-Tec, Inc or we will not be
responsible any damage to unmarked existing private utilities.
Signature
Signed By: J y Allen, Village Manager
Total
S700.0(
Page 89 of 768
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 90 of 768
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 91 of 768
Agenda Item #5.
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequesta
Tequesta Public Works Department Memorandum
To: Jeremy Allen, Village Manager
From: Douglas M. Chambers, Director Public Works
Subject: Verizon Connect Global Positioning System Service Order
Date: April 24, 2023
561-768-0700
www.tequesta.org
The Village Fleet is equipped with Verizon's Global Positioning Systems (GPS).
The GPS is utilized for tracking, dispatch and maintenance.
The software provides real-time visibility into vehicle location and route analytics.
We transferred a GPS unit from a vehicle going to auction to a newly purchased vehicle.
Verizon requires a signature on the transfer form.
The service order form is attached to this memorandum.
Doug Chambers
Director
Department of Public Works
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 92 of 768
Agenda Item #5.
verizon%/
connect
VILLAGE OF TEQUESTA
CA-166144
(Parent Organization Name & Account ID (10-Digit))
- VEHICLE RELOCATION FORM
(VRF)
Transfer Effective Date will be as of the next billing cycle.
Transferring From Location:
Account Name:
VILLAGE OF TEQUESTA
Account ID (10-Digit): CA-166144
Sale Order Number(s)/PON
(VTUs & Features)
Quantity
Vehicle Identification
(Vehicle Label &/or ESN)
SEE ATTACHED SPREADSHEET
27 VTU
Sale Order Number(s)/PON
(Features Only)
Quantity
Subscription Services
(Description)
SEE ATTACHED SPREADSHEET
27 VTU
Transferring To Location:
Account Name:
VILLAGE OF TEQUESTA
Account ID (10-Digit):
SEE ATTACHED EXCEL BREAKDOWN LIST
Billing Address:
136 BRIDGE RD
TEQUESTA, FL33469-2714
The Transferee is required to pay a one-time $150 administration fee (excludes applicable taxes)
upon Transfer Effective Date.
Jeremy Allen Digitally signed by Jeremy Allen
Customer Representative: Date: 2023.04.26 11:48:39 -04'00'
(Signature)
(Print Name)
(Date)
(Title)
Page 93 of 768
Agenda Item #5.
Authorized Verizon
Connect Representative: Kelly Houston SVT, Gov
(Signature) (Title)
Kelly Houston
4/27/23
(Print Name) (Date)
Page 94 of 768
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 95 of 768
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 96 of 768