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Documentation_Regular_Tab 02_11/9/2023
Agenda Item #2. Regular Council STAFF MEMO Meeting: Regular Council - Nov 09 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager KrUwa Consider Approval of Contracts Signed by Manager Under $75,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Advance Fire & Security Fire Sprinkler Inspection Agreement-Public Works, $2,620.00. B. Analytica Proposal-Village Manager, $3,000.00 C. Chen Moore Temporary Consultant Agreement-Community Development,$24,000.00. D. Florida Dept. Of Law Enforcement Safety Grant Agreement-Police Department, $60,731.00. E. FP Tequesta Property Owner LLC Lawn and Maintenance Agreement-Public Works, $N/A. F. Jupiter Inlet Colony Code Enforcement Interlocal Agreement First Addendum-Building Department, $20,800.00. G. Kimley-Horn and Associates Old Dixie Highway Streetscape Initial Conceptual Design Services Work Authorization- Public Works, $6,975.00. H. McMahon Residential Parking Study-Community Development, $16,580.00. I. Trane US, Inc. Community Center HVAC System Annual Maintenance and Service Agreement- Public Works, $9,875.00. Consider Approval of Contracts Signed by Manager Under $75,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Advance Fire & Security Fire Sprinkler Inspection Agreement-Public Works, $2,620.00. B. Analytica Proposal-Village Manager, $3,000.00 C. Chen Moore Temporary Consultant Agreement-Community Development,$24,000.00. D. Florida Dept. Of Law Enforcement Safety Grant Agreement-Police Department, $60,731.00. E. FP Tequesta Property Owner LLC Lawn and Maintenance Agreement-Public Works, $N/A. F. Jupiter Inlet Colony Code Enforcement Interlocal Agreement First Addendum-Building Department, $20,800.00. G. Kimley-Horn and Associates Old Dixie Highway Streetscape Initial Conceptual Design Services Work Authorization-Public Works, $6,975.00. H. McMahon Residential Parking Study-Community Development, $16,580.00. I. Trane US, Inc. Community Center HVAC System Annual Maintenance and Service Agreement- Public Works, $9,875.00. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. Page 39 of 702 Agenda Item #2. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: 9 Items, each with IS THIS A PIGGYBACK: individual costs ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA This agenda item is respectfully submitted for your review and approval. Advanced Fire & Security Fire Sprinkler Inspection Agreement Rec. Center-Public Works Analytica Proposal - Village Manager Chen Moore-Temporary Planning Services-Community Development FDLE Local Firearm Safety Training Program Grant-Police Department FP Teguesta Property Owner LLC Lawn and Landscape Maintenance Agreement-Public Works Jupiter Inlet Colony Code Enforcement Interlocal Agreement First Amendment - Building Dept Kimley Horn Old Dixie Hwy Streetscape Initial Conceptual Design Services Work Authorization-Public Works McMahon Residentail Parking Study-Community Development Trane US, Inc. Parks & Rec. HVAC Systems Services Agreement-Public Works Page 40 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form The Agreement Transmittal form is to be attached to the top of ALL agreements including agreements that go to Council for approval and agreements you need the manager to sign (under $75,000). All documents approved by Council requiring signature(s) should be sent to the Village Clerk's Office prior to the meeting date. Please be sure to have the signature of the entity you are entering the agreement with already completed—prior to the Council Meeting and attach "sign here"tabs where signatures are required. DEPARTMENT AND STAFF Public Works CONTACT: Doug Chambers/Janet McCorkle VENDOR: Advanced Fire & Security COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NUMBER: TITLE OF AGREEMENT: Fire Sprinkler Inspection Agreement - Community Center DOLLAR AMOUNT: $2,620.00/yr AGREEMENT TERM END 11/09/2028 DATE (Required to be filled in): NUMBER OF DOCUMENTS N/A TO BE SIGNED: SPECIAL INSTRUCTIONS FOR CLERKS'S OFFICE: Page 41 of 702 Agenda Item #2. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Annual Fire Alarm and Fire Sprinkler Agreement with Advanced Fire and Security for the Community Center Date: October 24, 2023 The Following agenda item is an Annual Fire Alarm and Fire Sprinkler Systems Agreement with Advanced Fire and Security. The Inspection agreement covers mandatory quarterly and annual inspections. The annual cost for both services is $2,620.00 The contract rates for additional services is as follows: Standard Service Rates $125/Hour Overtime/Holidays $187.50/Hour Funding for these services are budgeted in Fiscal Year 2024 and available in the Building Repair and Maintenance Account, 001-231-546.303. 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 42 of 702 Agenda Item #2. .#4F .jenjUpy AX1MVAN=ems IR'E Co SECLJ RITV 2701 Gateway Drive Pompano Beath,Florida 33CE9 (9541 772-1700 office 1954)772-0500 Fax State Licensed FP[19-OON51 FIRE SPRINKLER ECTION AGREEMENT Date: September Z5,2023 Property: Tequesta Recreation Center Billing: Village of Tequesta Contact., Douglas Chambers Attn: Tequesta Recreation Center Address: 399 Seabrook Road Address: 345 Tequesta Drive City: Tequesta,Florida City: Tequesta Zip Cade: 33469 state: FL Zip Code: 33469 Phone: 561-945-1399 Phone: 561-786-0460 Fax: Fax: Email: dchamhersCatequesta.org. Email: dcbambers eotequesta.org Visual Inspection of sprinkler heads Fire Sprinkler Inspection throughout al accessible areas of the Propertv ❑ Mandatory S-Year Inspection Q Pre-Action System Fire Pump/jockey Pump ❑ Private Hydrants ❑ Standpipes and Hoses ® Trash Chutes ❑ Hack Flow Devices ❑ Pressure Reducing Valves ❑ ❑ Fire Extinguisher-Annual Certification ❑ _ ❑ Price Int:ludes Visual Inspection of sprinkler heads inside of Apartment units. Advanced(Fire Sprinklers shall provide the fallowing services; Annual Test,Inspection&Certification Semi-Annual Inspections =[quarterly Inspections ❑ Annual sprinkler Inspection to be conducted at the same time as Fire Alarm Inspection After-Hours Inspections: ❑ ❑ After Regular Business Hours On Saturdays After Hours Emergency Service: Invoiced at S 187.5U per hour(including travel time ❑ Standard Service Invoiced at S 125.00 per hour,Monday- Friday, 8:00 a.m.-4.00 p.m. (exclud;lng legal holidays) Rev 1/20 14 SPR2 Page 43 of 702 Agenda Item #2. TERM Th,r Property nalTird (SUBSCRIBER) kwrrbv agrees ro pray Adv iamd fire Sprinkle"- [.LC (SFR%IICF. PROVIDER) its agents or assigm th4.sum or$2620.00 per year.payable"follows for S yeir('s). The Customer-shall he ittvoir-rd for each ltiwirrcFitln at the time dwrtrlre,as followhi Xltn LI AJ.IIi,spretean [A StYnl .#itil Litt hil.110 t liegi � 11rn+rltaF r_tri;wlltiliWr•p7rr � 3 , Ifttt4ptlesFPrra - TLR,MS AND PAYMENT Tlrr SUBM 1i11IF:k IIt Jnli tFttt MI;r FA(MI)ER the rlppitr re entrt rhr abovr iGtalkdii Ata tIs ttlaiFr rry.MerA AP ninedtd M1sJIV411urs 10 VvhA[h to ter3611 The ttat.,d adrKvelien .Frr tetlelrrstalydlrX that Fach 1141151imiamp can have Its amm■lltlloawn!s andl laft#11rt'Iamms rrgardilfft dire ipnnkJer sk-%truis.the ritApW-RIRFFR thAl hr rrapaul,lhlr lrrr r-otllpII.Arkra with hlr.01 Md-A4110 ArV[Irt'enkler t,p[Ira. Sfl(M"R1#1 N Ji JPCIPYM`50M FOR d"Nf f0vir M 4v1le t> Tootee Pi #'i'JE'_L 1F ReQ1 tJrF.Fi. A/M+rlwtJ Fkr %pTrfttletrr-i. 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Lit#kv%I i.S%l prr hsonth shalt be&iwswd m all pmt due Ln vairM WMIC a ate plaam disr dr rrentrFrs art IFnt re(ctYtrd rrlthim fro ir)'%frsm dale ryf *t-ake I't Is r ilkni teed and afuetd ha rhr pariwit het`rtu that W.Rtr7Cll:FR011e'IlfEtt b not an tntlarrr and the M-1Wt CklRES is snitFM'fees onslW Ilor obweiIn R and IrterilrtatnilnR tnsk raT>r r 1 ntrT7ljt Ft1r r+rrtrrneal lnlnn.propfrYy ol.lM;W a9r11 r-thrr r.�rrraRr of ffte prrrpertr �1 tf1 l['F I'Ff{IM'p41C11 is br*z vmjr q;l wu4riv tor llrrin%F,"I Ill-nf-w%tPm Meet vr&►drtJSwrd lit f7dulrIUCTAirs HAS ofhrvx ,PRt4'1CFR"AfIL'1DFF[ill nl ;*l %%nil nFm-T.%paoww"pl Farrimew1L %ff-% whisb nta a a.[t u r r tt r}Pr t h+Ysr ar#Iin;E triatf tlMa 3�F1'4'F1'E P kf]4 tttEiS S n rgl Y�,1HIt pr R7t1 r rllr riff ar ratleu,t ai frerturnYa rear wla,irr thAi A{rcreetnt.SE R 1k"]t-! PF1cWIll1.114 11114.110 MIJ WAKI. AMV kl:F*111L'AlkflA'1NJIew Lill%AINMAMFV.lif(L INNim,.%kl WA1RRAr110 !)F itLlll.Mi.iYr�1lllitlN ON f'l'I!Ml3S 11i+17 grit 4y5Tf.M nQ SFIA1't4 F S TA II.I.l%A$A_Cj0Jf1 FIREMfIIF F*67J CTION F(M 14IAIClf MT K 1411FAtlM. l het ajrrepitfne imiv rest bp Arne,tied rtii�pt 61 ra asrrutrd aetsrt>rl rnt riT,mired by sn t➢l1 E"a(A4t.4rnced Flrt T1 rrlokien" .LC £itic.wire:mini,e1 ku4ttt1r4l h} the last•%elf I'Jlr iUarlr of Flurillgl. 11rnw Ifar qjW 1vMm1 Ter 0memo p erlxknlms t1r lhi-mr agrrrmrnf tbAI hr hrW in dw(Arurlt Ir WtHIL h the prUWPtV lk F■iatrd. The par•uri i0trts11net,a114 dial'V thrt I'f@11111 flf it Mn 1e1"1 Is AFIW HOJUILL011 d1M11n.t 11niiEt-thrtiV aKI riiellt;tbf P"VAII1hg port} shaft rimliver alfterney kt-i and Botts. It hLmwithstaindond fblaiar! there thpalMd arise any itabiilry Pen The part of tihe ARVILL MAI MM-ft.am h ILA[Ifr}"I few h nARleIlill I D ug iM 6 II bl 1101 IF4 Y Rt}/d the ase+"b vhm FILF-F rcr,xl■d lemmieelm 1111a ielrm,01 JI13 hp.r llrnpWTter omit ra lilu t err ,laird*bwgbr p.wid atsd rr[Mi'kvdm11"idalyddiatnadl:i awl out del apeawitee Scott iluslff SdraA[erd rp%errillT.klr"rt,Lur,, F^efM Ni.mr F)Ar Jeremy Allen Q'9lrgirt.y�6r4*1.'1 oer aosx.oa.xelw.ri.t7 04 Iwno -an-Lorrtrr SiSmAlury - t 1N Rehm Bain ft"Ji f;fp7.!*5F H_ F,,.�irwlt�le�rt flwe]a p Page 44 of 702 Agenda Item #2. 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 45 of 702 Agenda Item #2. "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 46 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form Attach the Agreement Transmittal Form to the top of ALL agreements including agreements that go to Council for approval AND agreements the manager signs (under $75,000). Agreements are processed and imaged immediately following the council meeting, therefore should be signed by the entity you are entering into agreement with PRIOR to coming to the Clerk's or Manager's Office. Please complete the form in its entirety. DEPARTMENT AND STAFF Administration CONTACT (who do we contact Jeremy Allen, Village Manager with questions): NAME OF VENDOR: Analytica PROJECT NAME/TITLE OF 2023 Strategic Planning Facilitator Proposal AGREEMENT: COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NA NUMBER: IS THIS A CAPITAL PROJECT: ❑ Yes Capital projects require a longer 0 No retention period. DOLLAR AMOUNT: $3,000.00 AGREEMENT TERM END DATE (Required to be filled in): If the agreement DOES NOT have May 31, 2024 an end date, please assign it an end date for imaging and disposition purposes. NUMBER OF AGREEMENTS TO 1 BE SIGNED (did you place sign her tabs in the proper signature locations?) SPECIAL INSTRUCTIONS FOR CLERK'S OFFICE: Updated: 6/28/2023 Page 47 of 702 Agenda Item #2. �i Memorandum To: Village Council From: Jeremy Allen, Village Manager Date: October 30, 2023 Subject: Analytica The following agenda item is a proposal from Analytica to facilitate goal setting for the upcoming 2023 Strategic Planning Workshop. The proposed services are outlined in the attached proposal. The total cost of this item is $3,000.00 and funding for this study is available in account 001-160-534.300. Page 48 of 702 Agenda Item #2. Analytica POB 998 352 339 6090 Voice Newberry,FL 32669 888 287 3959 Fax Herb@analytica-Rroup.com "'.analytica-group.com hmarlowe@aol.com October 12, 2023 Jeremy Allen,Village Manager Village of Tequesta Subj: Facilitator for Goal Setting Workshop: Dear Mr. Allen I am pleased to submit my credentials to facilitate the workshop as requested. Attached is my resume which describes my credentials as a facilitator. Finally, a list of references is attached. Last year we did the retreat on a Tuesday. Assuming that is a preferred day I will hold March 19 or 26 or April 2 open until I hear from you. At this point most days are open if a different day or month would work better. By way of summary, I have facilitated similar meetings in the recent past for the following Florida clients: • Cities/Towns of Crestview, DeLand, Deltona, Doral,Juno Beach, and Parkland • Suwannee River Valley League of Cities, Northwest Florida League of Cities • Charlotte, Flagler,and Lee counties • Polk County Efficiency Commission My proposed process would consist of: • Interviews with the elected officials and Village Manager • Development of agenda and process for the workshop • Review and possible modification of the agenda with the Manager • Workshop facilitation • Summary report My fee for the above services would be $3,000.00 inclusive of all expenses. Please contact me if you desire additional information. Cordially, Herbert A Marlowe,Jr., Ph.D. Page 49 of 702 Agenda Item #2. Accepted: envy Allen Village Manager Page 50 of 702 Agenda Item #2. 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 51 of 702 Agenda Item #2. "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 52 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form Attach the Agreement Transmittal Form to the top of ALL agreements including agreements that go to Council for approval AND agreements the manager signs (under $75,000). Agreements are processed and imaged immediately following the council meeting, therefore should be signed by the entity you are entering into agreement with PRIOR to coming to the Clerk's or Manager's Office. Please complete the form in its entirety. DEPARTMENT AND STAFF Community Development CONTACT (who do we contact Jay Hubsch with questions): NAME OF VENDOR: Chen Moore and Associates PROJECT NAME/TITLE OF Community Development Planning Services- AGREEMENT: Temporary Consultant Agreement COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION N/A NUMBER: IS THIS A CAPITAL PROJECT: ❑ Yes Capital projects require a longer 0 No retention period. DOLLAR AMOUNT: $24,000.00 AGREEMENT TERM END DATE Effective from date of execution 09/30/2023 until (Required to be filled in): no longer than one year If the agreement DOES NOT have an end date, please assign it an end date for imaging and disposition purposes. NUMBER OF AGREEMENTS TO N/A BE SIGNED (did you place sign her tabs in the proper signature locations?) SPECIAL INSTRUCTIONS FOR CLERK'S OFFICE: Updated: 6/28/2023 Page 53 of 702 Agenda Item #2. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Community Development Department Memorandum To: Jeremy Allen, Village Manager From: Jay Hubsch, Community Development Director Subject: Community Development Planning Services Date: October 23, 2023 The Village's Community Development Department transitioned from contract planning services provided by Chen Moore and Associates to full time in-house staff effective October 1, 2023. To make the transition more seamless, I recommend signing this agreement with Chen Moore and Associates for temporary planning services, not to exceed $24,000. The agreement will enable Chen Moore and Associates to finish up a few projects they were working on and to aid myself and our new Planner out, as needed. Funds for these services are budgeted in Fiscal Year 2024 and are available in the Community Development Other Contractual Services account, 001-150-534.300. 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/3mnfeljiage 54 of 702 Agenda Item #2. VILLAGE OF TEQUESTA COMMUNITY DEVELOPMENT PLANNING SERVICES TEMPORARY CONSULTANT AGREEMENT ENT THIS TEMPORARY CONSULTANT AGREEMENT FOR COMMUNI-7v DEVELOPMENT PLANNING SERVICES is entered Into and elfe-chve this 0 day of S ie ber, 2023 (the "Effective Date'), by and between the VILLAGE OF TEQUESTA. ca Florida rrunicipa,corporation with ofrices lo}cat d at 34 1Teguesta Drive,Tegtaesta, Plarida 33469, organized and existing in accordance wth the laws&the State taf Plorida,hereinafter the"ViHarge"; and Chen Moo:e and Assoriatas. Inc,, a Florida corporation with offices located M 1851 West €nd�antown Road, Sulu 100, .leer, Flor4a 334 8, h+ereirafter the 'Consultant' and collecbively with the Village,the"Parties". ITNESSETH The`01 lag a and he Cons ull ant,in consideration of the mutual covenants contained herein and for other goon and valuable cons'derabor, the receipt and sufficiency of which Is heretay acknowledged by both Parties, hereby agree as-follows: 1. SCOPE OF SgMt!q� a. The Village and the Consultant bath hereby agree that the Con3sw and will provide professiorfal community development planning servJc es on a temporary basis through It Principal, as well as its Principal Planner, Senior Planner, Project Planner, and Associate Planner. Serve s shall be provided on an as needed basis as: etenrnir;ad by the Village Manager. b. The Village shall assign tasks to the Consultant,and t Consulkant and Village Manager shall mutually ag a on scope of work, revel of personnel to be ass!gr , and 'not to exceed" arnounts of compensation for each task. c. The Consubnt will perform all servit s for the Village in accordance with all applicable federal, state and local laws, rules and regulations. 1 INDEPENDENT CONTRAC70R: The Consultant will perform all required services on an independent o*rfractor basis and shall be solely responsible for its employees' payroll taxes to inoWde, but not be limited to Fed" Income Wthholdiriq Tax, workers' oa m pensation, FICA, and Fedora€and State Unernpiny ent tars. The Consuftant Is responsible for proper certification and li ens:Are of all officers and emWloyees and for the prevision of benefits, insurance, etc. for its officers and employees. Page I of 6 Page 55 of 702 Agenda Item #2. 3. COMPENSATION: The fee for services provided pursuant to this Temporary Agreement shall be at the rate of $350.00 per hour for the Consultant's Principal, $230.00 per hour for the Consultant's Principal Planner, $120.00 per hour for the Consultant's Senior Planner, $90.00 per hour for the Consultant's Project Planner, and $75.00 per hour for the Consultant's Associate Planner. The total not to exceed amount for the entire Temporary Agreement is $24,000.00. Any expenditures in excess of a total of$24,000.00 shall require advance approval by the Village Council. 4. PAYMENT. The Consultant shall submit a monthly billing invoice to the Village identifying and itemizing in detail the task(s) completed by the Consultant and/or its employees, and the amount due and payable to the Consultant.The Village shall pay the Consultant pursuant to the invoice normally within thirty (30) clays of receipt. 5. PROVISION OF OFFICE SPACE: The Village agrees to provide the Consultant with the necessary computer access, office space, and filing cabinets. 6. INSURANCE: The Consultant shall carry general and professional liability insurance in amounts satisfactory to the Village. 7. TERM: This Temporary Agreement shall be for a term of no longer than one year, and shall terminate at such time that the Village's newly hired in-house planner has assumed his/her responsibilities as determined by the Village Manager. 8. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice. 9. NOTICE: Notice as required in this Agreement shall be sufficient when sent by certified mail to the following addresses, or by hand delivered to the attention of the parties: , Village Consultant f Village of Tequesta Chen Moore and Associates, Inc. 345 Tequesta Drive 1851 West Indiantown Road, #100 Tequesta, FL 33469-0273 Jupiter, FL 33458 Attn: Village Manager Attn. Nilsa Zararias, AICP, Principal 10. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Temporary Agreement or performing any work in furtherance hereof, the Consultant certifies that it, its affiliates, suppliers, and subcontractors who will perform Page 2 of 6 Page 56 of 702 Agenda Item #2. hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six(36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 11. INSPECTOR GENERAL: 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 Consultants of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 12. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Consultant must keep and maintain this Temporary Agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Village's custodian of public records, the Consultant 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 cast requirements of Chapter 119, Florida Statutes. Should the Consultant fail to provide the public records to the Village, or fail to make them available for inspection or copying within a reasonable time, the Consultant may be subject to attorney's fees and casts pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Consultant shall ensure that any exempt or confidential records associated with this Temporary Agreement or associated with the performance of the work described herein are not disclosed except as authorized by law for the duration of the Temporary Agreement term, and following completion of the Temporary Agreement if the Consultant does not transfer the records to the Village. Finally, upon completion of the Temporary Agreement, the Consultant shall transfer, at no cost to the Village, all public records in possession of the Consultant, or keep and maintain public records required by the Village. If the Consultant transfers all public records to the Village upon completion of the Temporary Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Temporary Agreement, the Consultant shall meet all applicable requirements for retaining public records. Records that are stored Page 3of6 Page 57 of 702 Agenda Item #2. eler,trOniCally muwt be prov ded to the Village, upon request from the Village's custodian of public records, in a format that is compatib¢e with,She Village's information technology systerns, IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 113, FLORIDA STATUTES, TO THE CONSULTANT'S LTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS TEMPORARY AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOIE THE VILLAGE., AT (a 1) 7 8 8 , OR AT Imcwilliams—@teg_uesta.or-q, OR AT 346 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 13, "� Y_ ELIGIBILITY: Consultara warrams and represents that ill is in compliance a with Section 448.01M, Florida Statutes, as may to amended, Consultant shall: (1) register with and use the F-Verify System (E-Verity.gov) to electronicatlly ven y the employment eligNitq of all newly hired workersi and (2) verify that all of the Consultant's sub-consultants perforrniig the ninnies and obligations of this Temporary Agreement are registered with and use the E-Verify System to electtronie,,ally verb the ernploymerA eligibility of sit' newly hirad workers. ons;.rltant shall obtain from each of its sub-cansWa its an affidavit stating that the sut onsultant does not employ, wntrt with, or subcor?ixact with an Unaulho ized Alien, as that term is divined in Se on 8. 35( l)(l£', Florida Statutes, as may be amended. Consuttant shalt maintain a copy of any such affidavit from a sob-consultant for, a;a minimum, the durat on of the subcontract anti any extension thereof. This pvov sior shall not supersede any provision of this Temporary Agreement vinhich requires a longer retention period. The Village shali terminate this Temporary Agreement in accordance vkh Section 8. above if it has a rood faith belief that Consultant has knowingly violated Section 44B.09(1), Floilde Statutes. as may be amended, if Consultant has a good faith baiief that Cons;aliant'S sul'>-consuiunt t+as knowingly violated Sermon 448.09('l), F10ride Statutes, as may be amended, the Village sha4 nutify Cormu tant to terminate its oontr'act with the "onsu artt and Consuitaot shale Emrnediately terms+€state its err ant with the sU - consultant. In the event of such eont ct termination, Consultant shall be liable for any additional costs incurred by tho Village as a result of to termination. 14. SCRUTINIZED, QMEAjSMS-,1 For Contrasts under SIM, Consuilant certffies that it is not or, the Scrutinized Companies that Boycott lsr'ael List created pursuant to Section 215,4725, F/wi 9a Statutes, and trio; it is not engaged ire a boycott of Israel. The village may terry hate this Page 4 of 6 Page 58 of 702 Agenda Item #2. T=Porary Agreement at the Village's option ire accorda a with Short B. Move it the Consuttarit is fend to have submitted a>afse certification as prcWided under SWicn 287,i36( ), FIC+ddfi Stages, if 00n$U#tant has beOn placed on the Scrutfnized Companies that Boycoll isra LISt Mated pursuant to Sec m 216.4725, Fly Statutes, or if CwSultant is er agsd in a boycott of Israel. For is onfra is oivar S-t M, Consultant cergles that it 18 riot on the ScrWdzed 0m.npanies With A vities in Sudan Ust, the Scrutinized Companies with Acth6fiea in t re Iran Petroleum Energy meter tom, or t Scrutinized Cornparues that Bayrcott Israel List cWted pursuant to Sootion 215.4725. FW!da S'tafutes,Consultara funhor Mies that it is not engaged in e boycon of Isr i.arui#wt it does not have lousiness operafions in Cuba or Syria,as Wr'rFiiarfy prov!Ood in Section 287,136, F/Wido Sta#r . The Village may terminate fs Temporary Agreenwt at the V11lag#s option in acaordane&with Section S, above if the Consultant is found to have submitted a fatse certification as proAded under Sect n 2S7.1.35( ), Florida Statutes, or if Consent has been Oac on one of thA afore ntioned lid oxeated pursuant to Section 215,4725, Fladda Stags. Additio lty,t V'01age may terrninaW this Ternperary agreement at thy:Vi%ge's o eon in a=rdance with Swop 8.above if the Consultant is engaged in a boycott of Israel or has been engaged in business operatiom in Cuba W Syria, as mined in Section 287.135, Florida Statutes 15, ENTIRE Ai REgMIEwXT. ThIs six (6) page Temporary Agmement. conatitutes the artire understanding and agreermni between thO plies; nO M0611ioat shelf be made to this Temporary Agreement unless such n cation m in writing,, agreed to by bath perrtles and atta d here as an addendum to this Temporary Agre6rnant, This Temporafyr Agreemerti supersedes and repla s ati previous agents betweian t Consuftnt and the Village. Both the Oonsuft and the Vll€age hereby agree that all such previous agreaments stet be deemed terminated upon the effective da a of this Temporary Agreement. IN tTNESS WHEREOF,the parties hereto have sxecuted this Temporary Agreement on the date arA year first ab(we written, WfTNESSE7 : CH -MOOR Ali ASSOCIATES, IN0. By.. Crfstotw"art {Vfo*;Pmsldent ..............,.... .. _...__. $Cr3rpowq Seal) Page 5 of 6 , .r t Page 59 of 702 Agenda Item #2. VILLAGE OF TEQUr=sTA ...N1 1 0 € TIw T: By Jsy Alien, Village Managor F A/r" „ ,,l us'.tutSPen[:r�}rrrl,lLv,, � ,51•klkk 0 Lori McMhams, MMC iffe Clete Page 6 of 6 Page 60 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form Attach the Agreement Transmittal Form to the top of ALL agreements including agreements that go to Council for approval AND agreements the manager signs (under $75,000). Agreements are processed and imaged immediately following the council meeting, therefore should be signed by the entity you are entering into agreement with PRIOR to coming to the Clerk's or Manager's Office. Please complete the form in its entirety. DEPARTMENT AND STAFF Village of Tequesta Police Department CONTACT (who do we contact Chief Gus Medina with questions): NAME OF VENDOR: Florida Department of Law Enforcement PROJECT NAME/TITLE OF Local Firearm Safety Training Program Grant AGREEMENT: COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NA NUMBER: IS THIS A CAPITAL PROJECT: ❑ Yes Capital projects require a longer 0 No retention period. DOLLAR AMOUNT: $60,731.00 AGREEMENT TERM END DATE (Required to be filled in): If the agreement DOES NOT have 6/30/2024 an end date, please assign it an end date for imaging and disposition purposes. NUMBER OF AGREEMENTS TO NA BE SIGNED (did you place sign her tabs in the proper signature locations?) SPECIAL INSTRUCTIONS FOR CLERK'S OFFICE: Updated: 6/28/2023 Page 61 of 702 Agenda Item #2. UesTq TEQUESTA POLICE DEPARTMENT Oouc�' MEMORANDUM DMEPT LI To: Manager Jeremy Allen From: Chief Gus Medin Date: October 20, 2023 Subject: Firearm Safety Training Grant The Florida Department of Law Enforcement provides this Local Firearm Safety Training Program grant. The grant is for the Tequesta Police Department to provide firearm training to local citizens. This grant will pay for equipment, overtime, and other supplies. The total dollar amount of the grant is $60,731.00. Page 62 of 702 Agenda Item #2. Agreement for State Financial Assistance Between Florida Department of Law Enforcement and Tequesta Police Department AWARD AGREEMENT Award Number: 9HO25 Project Title: FY23-24 Local Firearm Safety Training Program Award Period: 10/01/2023-06/30/2024 Awarded Funds: $60,731.00 FLAIR Vendor ID: 596044081 CSFA Catalog Number: 71.103 This agreement is entered into by and between the Department of Law Enforcement(herein referred to as "FDLE"or"Department")and Tequesta Police Department(herein referred to as"Recipient); and WHEREAS,the Department has authority pursuant to Florida law and does hereby agree to provide state financial assistance to the Recipient in accordance with the terms and conditions set forth in this agreement; and WHEREAS the Department has available funds resulting from an appropriation in Chapter 2023-18, Laws of Florida intended to provide the Recipient reimbursement of eligible costs resulting from allowable activities as defined in the agreement; WHEREAS the Department conducted a competitive award solicitation to award a portion of funds to the Recipient; and WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to carry out the state project identified herein, and does offer to perform such services. NOW THEREFORE, in consideration of the foregoing, the parties agree as follows: This agreement is subject to the Special Conditions outlined in Appendix A and all applicable state financial assistance Standard Conditions provided in Appendix F. The State of Florida's performance and obligation to pay under this agreement is contingent upon an appropriation by the Legislature, availability of funds, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. FDLE will administer and disburse funds under this agreement in accordance with sections 215.97, 215.971, 215.981 and 215.985, F.S. for state financial assistance. Expenditures of state financial assistance shall be compliant with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures published by the Florida Department of Financial Services. All expenditures shall be allowable, reasonable, and necessary for the success of the award project. The Department's determination of acceptable expenditures shall be conclusive. Page 63 of 702 Agenda Item #2. Award M 9H025 CSFA: 71.103 Scope of Work The Florida Legislature passed House Bill 543 during the 2023 legislative session. Section 37 of the bill provided funding for the Florida Department of Law Enforcement to support the development or expansion of firearms safety training to be provided to the public. Funds under this program may only be used for the items/activities approved in Appendix C. Training Class Minimums:The Recipient must conduct at least one public firearms safety training class by June 30, 2024. Failure to provide the required training class by the deadline may result in the Recipient being required to provide a refund of costs to the Department. Training Plan Development: The Recipient will be responsible for developing and providing FI3LE with a training plan.The training plan shall demonstrate, at a minimum, the proposed schedule for hosting public firearms training, the anticipated number of attendees per session, the proposed agenda indicating time spent can each topic, and the ratio of firearms instructors to students per session hosted.A sample training plan is provided in Appendix D. Training Documentation: The Recipient will be responsible for providing FDLE with participant sign-in sheets for each training session conducted. At a minimum, the sign-in sheets must include: participant's name, signature, date, and email address. A sample sign-in sheet is provided in Appendix E. Monthly Reporting. The Recipient shall prepare and submit to MILE a monthly '.Expenditure deport for Payment' within 330 days after the end of each reporting period. In the event the Recipient is seeking reimbursement of allowable costs identified in Appendix C,the"Expenditure Report for Payment" must be accompanied by the supporting documentation outlined in the Appendix_ Project Deliverables Total payments for all deliverables in Appendix B will not exceed the maximum grant award amount. Payment Requirements and Reporting This is a cast reimbursement agreement with the ability, under extenuating circumstances, to advance a portion of available award funds that must be reconciled within 45 days. Any request for a cash advance must be accompanied by a signed "Wash Advance Request" form and copies of the supporting documentation detailed in the sections above. Any advanced funds not reconciled within 45 days must be refunded to the Department prior to any further award disbursements. The Department YAI reimburse the Recipient for allowable expenditures (Appendix C)which are incurred during each reporting period according to the terms and conditions of this award. The Department's determination of acceptable expenditures shall be conclusive. The Recipient shall provide "Expenditure Request for Payment" reports to the Department attesting to expenditures made during the reporting period. These reports are due 30 days after the end of each reporting period. For example: If the monthly reporting period is October 1-31, the Performance Report is due November 3W1. .'Expenditure Request for Payment'Reports shall verify the Recipient's compliance with 691-40.002, F.A.C. Reports must clearly identify the dates costs were incurred, contains a description and quantity of the specific deliverables provided during the reporting period, and the payment amount requested.The reports must contain information regarding the status of project activities and the progress made toward implementing the public firearms safety training sessions. All submitted reports must be certified by the Recipient's chief financial official (or financial designee) and include a statement that costs claimed are incurred in accordance with the agreement, 2of20 Page 64 of 702 Agenda Item #2. Award#: 9H025 CSFA: 71.103 The Recipient shall submit a final "Expenditure Request for Payment" by July 31, 2024. Any payment due under the terms of this agreement may be withheld until all required reports are received, and necessary adjustments have been approved by the Department. The Recipient must maintain original supporting documentation for all funds expended and received under this agreement in sufficient detail for proper pre- and post-audit and to verify work performed was in accordance with the deliverable(s)of this agreement. All reports will be reviewed by the Department's grant manager and may be audited to the satisfaction of the Department and/or the Florida Department of Financial Services. Failure to comply with these provisions shall result in forfeiture of reimbursement and/or a refund of any advanced funding. 3 of 20 Page 65 of 702 Agenda Item #2. Award#: 9HO25 CSFA:71.103 Administration Changes to the following points of contact and chief officials below must be submitted to FDLE Office of Criminal Justice Grants in writing. Recipient Grant Manager Name: James McGrew Title: Grant Manager Address: 357 Tequesta Drive Tequesta, FL 33469 Phone: 561-768-0522 Email: jmcgrew@tequesta.org Recipient Chief Official Name: Molly Young Title: Mayor Address: 357 Tequesta Drive Tequesta, FL 33469 Phone: Email: myoung@tequesta.org Recipient Chief Financial Officer Name: Jeff Snyder Title: Director of Finance Address: 345 Tequesta Drive Tequesta, FL 33469 Phone: 561-768-0424 Email: jsnyder@tequesta.org Florida Department of Law Enforcement(FDLE)Grant Manager Name: Amber Miller Title: Government Analyst II Address: P.O. Box 1489 Tallahassee, FL 32302-1489 Phone: 850-617-1250 Email: OCJGsfa@fdle.state.fl.us 4 of 20 Page 66 of 702 Agenda Item #2. Award M 9HO25 CSFA: 71.103 Award Signatures The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise,the execution and acceptance of this agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including strikeovers,whiteout, etc. are not permitted. Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Cody Menacof, Bureau Chief Date: Recipient Tequesta Police Department Signature: Typed Name a Title: Jeremy Allen Village Manager Date: /a ` 40 ` ,-tL-Q 3 THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES 5 of 20 Page 67 of 702 Agenda Item #2. Award#: 9HO25 CSFA: 71.103 Appendix A: Special Conditions Award Number: 9H025 Recipient: Tequesta Police Department Award Title: FY23-24 Local Firearm Safety Training Program Award Period: 10101/2023-06/30/2024 In addition to the attached standard conditions, the above-referenced grant project is subject to the special conditions set forth below. S0001 The Recipient shall provide a minimum of one (1) public firearms safety training by June 30, 2024.The Recipient will be required to provide proof of performance which must include at a minimum: participant sign-in sheets, agendas, and curriculum documentation. Recipients are strongly encouraged to provide photographs of the training event to support performance. S0002 The Recipient shall provide participant sign-in sheets for each training session outlined in the training plan. At a minimum, the sign-in sheets must include: the participant's name, signature, date, and email address. A sample sign-in sheet is provided in Appendix E. W0003 WITHHOLDING OF FUNDS: Prior to the drawdown of funds, the Recipient shall provide a comprehensive training plan. The training plan shall demonstrate, at a minimum,the proposed schedule for hosting public firearms training,the anticipated number of attendees per session,the proposed agenda indicating time spent on each topic, and the ratio of firearms instructors to students per session hosted. A sample training plan is provided in Appendix D. S0004 The Recipient shall provide written justification for any training that is not provided in accordance with their approved training plan. Major deviations from the approved training plan shall require the Recipient to provide an amended plan to the Department for approval prior to providing the training. W0005 WITHHOLDING OF FUNDS: Prior to the drawdown of funds for overtime costs, the Recipient shall provide a copy of their organization's written overtime/pay policy. W0006 WITHHOLDING OF FUNDS: Prior to the drawdown of funds for purchases, the Recipient shall provide a copy of their organization's written procurement policy. W0007 WITHHOLDING OF FUNDS: Prior to the drawdown of funds for rental costs, the Recipient shall provide a copy of the rental agreement between the Recipient and the rental facility. S0008 This award requests funding for eye protection for the firearms safety training participants. This award will only reimburse eye protection at a maximum rate of $12.00 per pair of protective glasses. S0009 This award requests funding for hearing protection for the firearms safety training participants.This award will only reimburse hearing protection at a maximum rate of $45.00 per set(i.e. muffs, plugs, etc.). 6 of 20 Page 68 of 702 Agenda Item #2. Award#: 9HO25 CSFA: 71.103 Appendix B -Project Deliverables Grant Number: 9H025 Recipient: Tequesta Police Department Project Title: FY23-24 Local Firearm Safety Training Program Project Period: 10/01/2023-06/30/2024 Total payments for all deliverables will not exceed the maximum grant award amount. Deliverable 1 The Recipient will use funds to support overtime costs for officers conducting public firearms safety training activities. Personnel working on the project will be paid a rate consistent with the Minimum Performance Criteria: Recipient's compensation and pay policy. Documentation includes an attestation of activities or services rendered on the expenditure report. This is a cost reimbursement deliverable. Only hours worked on eligible Financial Consequences: activities and supported by appropriate documentation will be reimbursed. Deliverable Price: Total payments for this deliverable will be approximately$26,785.00. The Recipient will use funds to procure equipment and supplies Deliverable 2 associated with implementing and delivering firearms safety training to the public. Performance will be the procurement and receipt of goods/services Minimum Performance Criteria: purchased. Documentation includes an attestation of items purchased on the expenditure report. Financial Consequences: This is a cost reimbursement deliverable.Only allowable costs incurred and supported by appropriate documentation will be reimbursed. Deliverable Price: Total payments for this deliverable will be approximately$29,446.00. Deliverable 3 The Recipient will use funds to rent space to conduct firearms safety training for the public. Performance will be the execution of the rental agreement with the Minimum Performance Criteria: venue. Documentation includes an attestation of rental costs on the expenditure report. Financial Consequences: This is a cost reimbursement deliverable. Only allowable costs incurred and supported by appropriate documentation will be reimbursed. Deliverable Price: Total payments for this deliverable will be approximately$4,500.00 7 of 20 Page 69 of 702 Agenda Item #2. Award M 9H025 CSFA: 71.103 Appendix C -Budget Details Grant Number: 9HO25 Recipient: Tequesta Police Department Project Title: FY23-24 Local Firearm Safety Training Program Project Period: 10/01/2023-06/30/2024 Budget Category Total A. Personnel (Salary/Overtime) $26,785.00 B. Fringe Benefits $.00 C. Travel $0.00 D. Equipment(OCO) $8,023.00 E. Supplies $21,423.00 F. Construction $0.00 G. Consultants/Contracts $0.00 H. Other Costs $4,500.00 TOTAL $60,731.00 Standard Budget Terms All items, quantities, and/or prices below are estimates based on the information available at the time of application. All approved items and total allocations per line item, and within budget categories, are final. All items purchased with these funds must be allowable in accordance with the approved budget, reasonably priced based on current market review, and necessary for the operations and success of the program. The item(s) below may include additional individually priced, operationally necessary accessories, components, and/or peripherals and may be categorized as a"kit", "bundle", "system", etc. Award funds may be used to pay for applicable shipping,freight, and/or installation costs. The Department's determination of acceptable expenditures requested for reimbursement shall be conclusive. A. Personnel(Salaries&Overtime) The Recipient will use funds to support overtime costs for officers conducting public firearms safety training activities.The Recipient intends to utilize the following positions at the following rates to provide the training: 3—Police Officers to teach firearms safety training to the public.The grant will reimburse overtime at a rate of$62.00 per hour. No Fringe Benefits will be charged to this award. The quantity of hours and/or rates of pay may vary; however, the maximum reimbursement of personnel costs will not exceed $26,785.00,Administrative costs for managing the grant are not allowable. The Recipient shall provide timesheets, paystubs, and overtime detail reports (if applicable) with each payment request. 8 of 20 Page 70 of 702 Agenda Item #2. Award#: 9HO25 CSFA: 71.103 D. Equipment The recipient must purchase the equipment below to be used during public firearms safety training activities. The activities will allow instructors to provide and demonstrate firearm safety training to the participants in each public firearms safety training session. Glock and Revolver Firearms: The maximum amount for reimbursement for this item will not exceed $3,660.00. Proiector, Screen, and Stand: The maximum amount for reimbursement for this item will not exceed $3,000.00, Training Pistol Firearm:The maximum amount for reimbursement for this item will not exceed$1,360.00. The Recipient shall provide procurement documentation(quotes, purchase orders, etc.), invoice,and proof of payment(cancelled check, bank/card statements, etc.)with each payment request to substantiate costs charged to the grant. E. Supplies The recipient must purchase the supplies below to be used during public firearms safety training activities. The activities will allow instructors to provide and demonstrate firearm safety training to the participants in each public firearms safety training session. Hearinq Protection: The Recipient will use grant funds to purchase hearing protection for participants and instructors. This award will only reimburse hearing protection at a maximum rate of $45.00 per set (i.e. muffs, plugs, etc.)and will not exceed$1,400.00 in total reimbursement. Eve Protection: The Recipient will use grant funds to purchase eye protection for participants and instructors.This award will only reimburse eye protection at a maximum rate of$12.00 per pair of protective glasses and will not exceed $920.00 in total reimbursement. Ammunition:The maximum amount for reimbursement for this item will not exceed $15,000.00. Targets:The maximum amount for reimbursement for this item will not exceed $300.00. Pens and Paper for Firearms Training:The maximum amount for reimbursement for this item will not exceed $300.00. Firearm Cleaning Kits: The maximum amount for reimbursement for this item will not exceed $450.00. Firearm Cleaning Oil: The maximum amount for reimbursement for this item will not exceed$540.00. Spot Sight:The maximum amount for reimbursement for this item will not exceed $60.00. Training Pistol and Magazines: The maximum amount for reimbursement for this item will not exceed $82.00. Firearm Training Holster: The maximum amount for reimbursement for this item will not exceed $371.00. Printing and Binding Firearms Course Materials:The maximum amount for reimbursement for this item will not exceed$2,000.00 9of20 Page 71 of 702 Agenda Item #2. Award#: 9HO25 CSFA:71.103 The Recipient shall provide procurement documentation(quotes, purchase orders, etc.), invoice, and proof of payment(cancelled check, bank/card statements, etc.)with each payment request to substantiate costs charged to the grant. H. Other Costs The Recipient will use grant funds to rent space at a local firearm range facility.The cost for the rental will be charged at ...... $250 per person, per day, per class,flat rate.The maximum amount for reimbursement of range rental will not exceed $4,500.00. The Recipient shall provide any executed vendor agreements, procurement documentation (quotes, purchase orders, etc.), invoice, and proof of payment (cancelled check, bank/card statements, etc.) with each payment request to substantiate costs charged to the grant. 10 of 20 Page 72 of 702 Agenda Item #2. Award#: 9HO25 CSFA: 71.103 Appendix D—Sample Trainin Plan (Agency Name) Proposed Training Schedule for Public 1. October 28, 2023 • Approximately 20 participants will receive training. • Our agency is required to have a minimum of one firearms instructor and a range safety officer per 10 participants. 2. November 18, 2023 • Approximately 25 participants will receive training. • Our agency is required to have a minimum of one firearms instructor and a range safety officer per 10 participants. 3. January 27, 2024 • Approximately 25 participants will receive training. • Our agency is required to have a minimum of one firearms instructor and a range safety officer per 10 participants. 4. February 21, 2024 • Approximately 15 participants will receive training. • Our agency is required to have a minimum of one firearms instructor and a range safety officer per 10 participants. 5. April 6, 2024 • Approximately 25 participants will receive training. • Our agency is required to have a minimum of one firearms instructor and a range safety officer per 10 participants. Proposed Agenda for the Training Classes Classroom 1 Hour—Participants will be provided an overview of Florida's Laws and Statutes governing the safe and recreational use of firearms, including self-defense. 1 Hour—Participants will be provided an overview of the local requirements for owning and purchasing a firearm. 1 Hour—Participants will be taught NRA's three rules for safe gun handling, primary causes of firearm accidents,firearm parts, how to properly unload and load a firearm, cleaning and maintenance, and safe storage of firearms in the home. Hands-on Traininq 2 Hours—Participants will be taken to the shooting range, where they will learn firearm basics including grip and stance options, sighting fundamentals, and trigger control, as well as have the opportunity to test fire from multiple types of firearms. 2 Hours—Participants will be provided scenario-based training using a laser simulator. In this course, students carry airsoft weapons and have to react to real circumstances our law enforcement instructors have developed. Observation of other students is encouraged and you will learn as a group to develop the correct mindset for the time when you need to be able to react to a threat. 11 of 20 Page 73 of 702 Agenda Item #2. Award M 9HO25 CSFA: 71.103 AgLxndix E -Si n-In Sheet Local Firearm Safety Training Program for • Agency Name: Date: Name of Instructor(s): Printed Participant Name Participant Signature Email Address 12 of 20 Page 74 of 702 Agenda Item #2. Award#: 9H025 CSFA: 71.103 Appendix F - Fiscal Year 2023-2024 State Financial Assistance Standard Conditions The following terms and conditions will be binding upon approval of the grant award and execution of the contract by both the Recipient and the Florida Department of Law Enforcement.The Recipient will maintain required registrations and certifications for eligibility under this program. The Department and the Recipient agree that they do not contemplate the development, transfer or receipt of intellectual property as a part of this agreement. SECTION I: PROJECT IMPLEMENTATION Legal Authority:The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein.The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. Not Operational within 60 and 90 Days: If a project is not operational within 60 days of the original start date of the award period, the Recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the award period,the Recipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the 90-day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, require additional project documentation and justifications throughout the award period. The Department will also require the Recipient provide a revised project timeline that includes all anticipated project activities, tasks, and estimated completion date(s). SECTION II: PAYMENTS Obligation to Pay: The State of Florida's obligation to pay under this agreement is contingent upon an appropriation by the Legislature. Overpayments: Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Department. Any balance of unobligated cash that has been paid and has not been authorized to be retained for direct program costs in a subsequent period must be refunded to the Department. Advance Funding:Advance funding may be provided to a subrecipient upon completion and submission of a Cash Advance Request form to the Department. The request must be signed by the Chief Financial Officer or the Chief Financial Officer designee. Advance funding should be requested only when the Subrecipient has an imminent and specific need to expend project funds. Cash advances must be spent on project costs within 30 days of receipt. Should extenuating circumstances arise which prevent the expenditure of advance funds within 30 days of receipt, a written request to retain the funds must be provided by the recipient and approved by the Department.An expenditure claim for advance funding must be submitted to the Department within 45 days of advance funding receipt. SECTION III: PROJECT AND GRANT MANAGEMENT Personnel Changes:The recipient must notify the FDLE grant manager of any change in the Chief Officials or Project Director or any change in contact information, including mailing address, phone number, email, or title change. Obligation of Grant Funds: Grant funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the Recipient's project are 13 of 20 Page 75 of 702 Agenda Item #2. Award#: 9HO25 CSFA:71.103 eligible for reimbursement. All payments must be completed within thirty(30)days of the end of the grant period of performance. Financial Management: The Recipient must have a financial management system able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system must be able to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. The Recipient shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. Recipient must have written procedures for procurement transactions. Travel: Cost for travel shall be reimbursed at the Recipient's travel rate, but the maximum reimbursement for each type of travel cost shall not exceed rates established in State of Florida Travel Guidelines, §112.061, F.S. Subcontracts: Recipient agrees that all employees, subcontractors, or agents performing work under the agreement shall be properly trained individuals who meet or exceed any specified training qualifications. Recipient agrees to be responsible for all work performance and all expenses incurred in fulfilling the obligations of this agreement, and will not assign the responsibility for this agreement to another party. If the Recipient subcontracts any or all of the work required under this agreement,the Recipient must provide a completed DFS-A2-NS (Recipient-Subrecipient vs. Vendor Determination) form and a copy of the executed subcontract within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i)the subcontractor is bound by all applicable state and federal laws and regulations,and(ii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this agreement, to the extent allowed and required by law. Grant Adjustments: Recipients must submit a Request for Grant Adjustment to the FDLE grant manager for substantive changes such as: scope modifications, changes to project activities, target populations, service providers, implementation schedules, project director, and/or designs or research plans set forth in the approved agreement. Requests for changes to the grant agreement must be signed by the Recipient Agency's chief official or the chief official's designee. All requests for changes must be submitted no later than thirty(30)days prior to grant expiration date. Property Management: The Recipient shall establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement. SECTION IV: MANDATORY DISCLOSURES Conflict of Interest: The Recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to the Department. Violations of Criminal Law: The Recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the grant award. Convicted Vendors: The Recipient shall disclose to the Department if it, or any of its affiliates, as defined in §287.133(1)(a)F.S., is on the convicted vendor list. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any activities listed in the agreement for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. Vendors on Scrutinized Companies Lists: If this agreement is in the amount of $1 million or more, Recipient certifies upon executing this agreement, that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to§215.473, F.S.,or engaged in business operations in Cuba or Syria. In the 14 of 20 Page 76 of 702 Agenda Item #2. Award#: 9HO25 CSFA:71.103 event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein,this provision shall be null and void. Discriminatory Vendors: The Recipient shall disclose to the Department if it or any of its affiliates, as defined by§287.134(1)(a), F.S. appears on the discriminatory vendors list.An entity or affiliate placed on the discriminatory vendor list pursuant to §287.134, F.S. may not a) submit a bid, proposal, or reply on a contract or agreement to provide any goods or services to a public entity; b)submit a bid, proposal,or reply on a contract or agreement with a public entity for the construction or repair of a public building or public work; c) submit bids, proposals, or replies on leases of real property to a public entity; d) be awarded or perform work as a contractor, subcontractor, Recipient, supplier, subrecipient, or consultant under a contract or agreement with any public entity;or e)transact business with any public entity. Reporting Potential Fraud,Waste, Abuse, and Similar Misconduct: The Recipient must promptly refer to the Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for grant funds that violates the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Non-Disclosure Agreements: Restrictions and certifications regarding non- disclosure agreements and related matters Recipients or contracts/subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The Recipient certifies that if informed or notified of any subrecipient, or contractor/subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud,waste, or abuse that it will immediately cease all further obligations of award funds to the entity and will immediately notify the Department. The Recipient will not resume obligations until expressively authorized to do so from the Department. SECTION V: COMPLIANCE WITH STATUTES, RULES,AND REGULATIONS In performing its obligations under this agreement, the Recipient shall without exception be aware of and comply with all State and Federal laws, rules and regulations relating to its performance under this agreement as they may be enacted or amended from time-to-time, as well as any court or administrative order,judgment, settlement or compliance agreement involving the Department which by its nature affects the services provided under this agreement. The following are examples of rules and regulations that govern Recipient's performance under this agreement. Lobbying Prohibited: The Recipient shall comply with the provisions of 11.062 and 216.347, F.S., which prohibit the expenditure of funds for the purpose of lobbying the Legislature, judicial branch, or a State agency. No funds or other resources received from the Department in connection with this agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. State of Florida E.O. 20-44: Public-Private Partnerships: Any entity named in statute with which the agency must form a sole-source, public-private agreement; and any nongovernmental Recipient receiving 50%or more of their annual budget from any combination of state or federal funding must submit an annual report to the Office of Criminal Justice Grants. The report must include the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. In addition, the Recipient must agree through appropriate contract or grant agreement amendment to inform the agency of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. 15 of 20 Page 77 of 702 Agenda Item #2. Award M 9H025 CSFA:71.103 Civil Rights: The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seq.) and shall not discriminate against any employee (or applicant for employment) in the performance of this agreement because of race, color, religion, sex, national origin, disability, age, or marital status. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees In connection with its programs and activities. E-Verify: The Department shall consider the employment by any contractor of unauthorized aliens a violation of section 274(e) of the immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and any subcontractors are required to register with and use the E-Verify system operated by the U.S. Department of Homeland Security beginning on January 1, 2021. The Contracting Party and any subcontractors are prohibited from entering into contracts with one another unless all parties register and use the E-Verify system. Subcontractors who enter into contracts with the Contracting Party are required to provide a certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are required to terminate a contract if a party has a good faith belief that another party is in violation of F.S. 448.09(1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief that the subcontractor has violated these requirements, but that the Contracting Party has otherwise complied, the public employer must notify the Contracting Party to terminate its contract with the subcontractor. A party may challenge a contract termlination in accordance with these requirements. A penalized Contractor is prohibited from obtaining another contract with a public employer for at least one year. Background Check: Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435 F.S_, shall( apply. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection,security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record,checks through local law enforcement agencies. Public Records: As required by 287.058(1)(c), F.S., the Recipient shall allow public access to all documents, papers, letters, or other public records as defined in 119_011(12); F.S.as prescribed by 119.07(1)F.S.,made or received by the Recipient in conjunction with this agreement,except public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Recipient's failure to comply with this provision shall constitute an immediate breach of contract,for which the Department may unilaterally terminate this agreement. Independent Contractor, Subcontracting and Assignments: In performing its obligations under this agreement, the Recipient shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, Neither the Recipient nor any of its agents, employees,subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Department by virtue of this agreement, unless specifically authorized in writing to do so. Timely Payment of Subcontractors: To the extent that a subcontract provides for payment after Recipient's receipt of payment from the Department, the Recipient shall make payments to any subcontractor within 7 working days after receipt of full or partial payments from the Department in accordance with §287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Recipient and paid by the Recipient to the subcontractor in the amount of one-half of one percent (.405)of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due. 16 of 20 Page 78 of 702 Agenda Item #2. Award#: 9H025 CSFA: 71.103 Notice of Legal Actions: The Recipient shall notify the Department of potential or actual legal actions taken against the Recipient related to services provided through this agreement or that may impact the Recipient's ability to complete the deliverables outlined herein, or that may adversely impact the Department.The Department's Grant Manager will be notified within 10 days of Recipient becoming aware of such actions or potential actions or from the day of the legal filing,whichever comes first. Property: In accordance with 287.05805, F.S., any State funds provided for the purchase of or improvements to real property are contingent upon the Recipient granting to the State a security interest in the property at least to the amount of the State funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. SECTION VI: RECORDS,AUDITS,AND INFORMATION SECURITY Records Retention: Retention of all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this agreement shall be maintained by the Recipient during the term of this agreement and retained for a period of five (5) years after completion of the agreement or longer when required by law. In the event an audit is required under this agreement, records shall be retained for a minimum period of five years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this agreement, at no additional cost to the Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate the duplication and transfer of any records or documents during the term of this agreement and the required five (5)year retention period. No record may be withheld, nor may the Recipient attempt to limit the scope of any of the foregoing inspections, reviews,copying,transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. These records shall be made available at all reasonable times for inspection, review, copying, or audit by State, or other personnel duly authorized by the Department. Records Inspection: Pursuant to Section 216.1366, F.S., in order to preserve the interest of the state in the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financial records , papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds, and (b) Programmatic records, papers, and documents of the Contractor which the Department determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met.The Contractor shall provide such records, papers, and documents requested by the Department within ten (10)business days after the request is made. Monitoring:The Recipient agrees to comply with the Department's grant monitoring guidelines, protocols, and procedures;and to cooperate with the Department on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The Recipient agrees to provide the Department all documentation necessary to complete monitoring of the award and verify expenditures in accordance with 215.971, F.S. Further, the Recipient agrees to abide by reasonable deadlines set by the Department for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the Recipient's award, including, but not limited to: withholding and/or other restrictions on the Recipient's access to funds, and/or referral to the Office of the Inspector General for audit review. Florida Single Audit Act (FSAA): The Recipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (§20.055, F.S.). In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year, the Recipient must have a single audit or project-specific audit in accordance with §215.97, F.S. and the applicable rules of the Department of Financial Services and the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Law Enforcement,other state agencies,and other non-state entities.State 17 of 20 Page 79 of 702 Agenda Item #2. Award#:9H02 CSFA: 71.103 financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements.The schedule of expenditures should disclose the expenditures by oontractfagreement number for each contract with the Department in effect during the audit period. All questioned costs and liabilities due the Department shall be fully disclosed in the audit report package with reference to the specific contract number. If the Recipient expends less than$750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of 215.97, F.S.„ is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of 215.97, F.S., the cost of the audit must be paid from the non-slate entity s resources(i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Pursuant to 215.97(8), F.S., state agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with§215.97, F.S. In such an event, the state awarding agency must arrange for funding the full cost of such additional audits. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted within nine(9)months after the end of the Recipient's fiscal year or within 30 days of the Recipient's receipt of the audit report, whichever occurs first, unless otherwise required by Florida Statutes. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Law Enforcement: Floridan Department of Law Enforcement Office of Criminal Justice Grants ATTN: State Financial Assistance Post Office Box 1489 Tallahassee, Florida 32302-1489 The Auditor General's Office at: Auditor General's.Office; Room 401 Pepper Building 111 West Madison Street Tallahassee; Florida 32399-1450 Criminal ,Justice Information Data Security: Acceptance of this award, constitutes understanding that transmission of Criminal Justice information (CJI) between locations must be encrypted to conform to the Federal Bureau of Investigation (FBI)Criminal Justice Information Services(CJIS) Security Policy. Recipient's Confidential and Exempt Information: By executing this agreement, the Recipient acknowledges that any information not marked as 'confidential" or "exempt" will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to 215.985, F.S. The Recipient agrees that, upon written request of the Department, it shall promptly provide to the Department a written statement of the basis for the exemption applicable to each provision identified by the Recipient as"confidential"or"exempt",including the statutory citation to an exemption created or afforded by statute„ and state with particularity the reasons for the conclusion that the provision is exempt or Gonfidential.Any claim by Recipient of trade secret(proprietary)confidentiality for any information contained in Recipient`s documents (reports, deliverables or work papers, etc., in paper or electronic form)submitted to the Department in connection with this agreement cannot be waived, unless the claimed confidential information is submitted in accordance with the following two paragraphs. The Recipient must clearly label)any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret.The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure_ If different exemptions are claimed to be applicable to different portions of the protected information, the Recipient shall include information correlating the nature of the claims to the particular protected information. 18of20 Page 80 of 702 Agenda Item #2. Award#: 9HO25 CSFA: 71.103 The Department, when required to comply with a public records request including documents submitted by the Recipient, may require the Recipient to expeditiously submit redacted copies of documents marked as trade secret in accordance with this section.Accompanying the submission shall be an updated version of the justification,correlated specifically to redacted information,either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Recipient fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. SECTION VII: PENALTIES,TERMINATION, DISPUTE RESOLUTION,AND LIABILITY Financial Penalties for Failure to Take Corrective Action: Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. Termination: The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes,and made or received by the Recipient in conjunction with this agreement, unless the records are exempt pursuant to Article I. Section 24(a), of the Florida Constitution and §119.07(1), F.S. The Department shall be the final authority as to the appropriation, availability and adequacy of funds. In the event the Recipient fails to fully comply with the terms and conditions of this agreement,the Department may terminate the agreement upon written notice. Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of termination will be issued after the Recipient's failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in order to terminate the agreement.The Department's failure to demand performance of any provision of this agreement shall not be deemed a waiver of such performance.The Department's waiver of any one breach of any provision of this agreement shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this agreement.The provisions herein do not limit the Department's right to remedies at law or in equity. The validity of this agreement is subject to the truth and accuracy of all the information, representations,and materials submitted or provided by the Recipient in this agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this agreement,and such information,representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this agreement and the release of the Department from all its obligations to the Recipient. This agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict,and shall be deemed severable, but shall not invalidate any other provision of this agreement. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this agreement shall survive the terms and life of this agreement as a whole. The agreement may be executed in any number of counterparts, any one of which may be taken as an original.In the event of termination,the Recipient will be compensated for any work satisfactorily completed through the date of termination or an earlier date of suspension of work. Disputes and Appeals: The Department shall make its decision in writing when responding to any disputes,disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The Recipient shall proceed diligently with the performance of this agreement 19 of 20 Page 81 of 702 Agenda Item #2. Award M 9HO25 CSFA: 71.103 according to the Department's decision. If the Recipient appeals the Department's decision,the appeal also shall be made in writing within twenty-one(21)calendar days to the Department's clerk(agency clerk).The Recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Fla. Admin. Code R.28-106.104. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. After receipt of a petition for alternative dispute resolution the Department and the Recipient shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Recipient concerning this agreement. Liability: Unless the Recipient is a state agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement,and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. Nothing herein shall be construed as consent by a state agency of the State of Florida to be sued by third parties in any matter arising out of any contract. Nothing shall be construed affect in any way the Recipient rights, privileges, and immunities under the doctrine of "sovereign immunity'and as set forth in 768.28, F.S. 20 of 20 Page 82 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form The Agreement Transmittal form is to be attached to the top of ALL agreements including agreements that go to Council for approval and agreements you need the manager to sign (under $75,000). All documents approved by Council requiring signature(s) should be sent to the Village Clerk's Office prior to the meeting date. Please be sure to have the signature of the entity you are entering the agreement with already completed—prior to the Council Meeting and attach "sign here"tabs where signatures are required. DEPARTMENT AND STAFF Public Works CONTACT: Doug Chambers/Janet McCorkle VENDOR: FP Tequesta Property Owner LLC COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NUMBER: TITLE OF AGREEMENT: One-Time Provision of Lawn and Landscape Maintenance Agreement DOLLAR AMOUNT: N/A AGREEMENT TERM END 11/14/2023 DATE (Required to be filled in): NUMBER OF DOCUMENTS N/A TO BE SIGNED: SPECIAL INSTRUCTIONS FOR CLERKS'S OFFICE: Page 83 of 702 Agenda Item #2. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: One-Time Provision of Lawn and Landscape Maintenance Agreement Date: October 24, 2023 The Following agenda item is for a One-Time Provision of Lawn and Landscape Maintenance Agreement between FP Tequesta Property Owner LLC and the Village of Tequesta. The Village Annually Sponsors the Tequesta Friends of Public Safety's Fire-Rescue Chill Cook-off at the previously leased property referred to as Paradise Park.The Property Owner has arranged for use of the property for the 2023 Chili Cook-off. The Village has agreed to assist the Tequesta Friends of Public Safety by providing a one-time lawn maintenance and landscaping service to the owner site prior to the Chili Cook-off. There are no fees associated with this agreement. 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 84 of 702 Agenda Item #2. VILLAGE OF TEQUESTA PUBLIC WORKS DEPARTMENT ONE-TIME PROVISION OF LAWN AND LANDSCAPE MAINTENANCE AGREEMENT THIS LAWN AND LANDSCAPE MAINTENANCE AGREEMENT is made and entered into this 10 day of October 2023 by and between FP TEQUESTA PROPERTY OWNER LLC, a Florida corporation with an address of 3535 Military Trail STE 101, Jupiter FL 22458 ("Owner"), and the VILLAGE OF TEQUESTA, a Florida municipal corporation organized and existing under the laws of the State of Florida, with an address of 345 Tequesta Drive, Tequesta, Florida 33469 (the "Village"). WITNESSETH WHEREAS, the Village of Tequesta annually sponsors the Tequesta Friends of Public Safety's Fire-Rescue Chili Cook-off which has, in recent past years, been held at the former "Paradise Park" site which was previously leased for public park purposes by the Village of Tequesta; and WHEREAS, the 2022 Chili Cook-off will occur at the same location (the former"Paradise Park") as in recent past years; but the site is now neither owned by nor leased by the Village of Tequesta, and is no longer used as a public park; and WHEREAS, arrangements for the use of the former Paradise Park site for the 2023 Chili Cook-off have been made between the Owner and the Tequesta Friends of Public Safety; and WHEREAS, the Village has agreed to assist the Tequesta Friends of Public Safety by providing a one-time lawn maintenance and landscaping service to the Owner site prior to the 2023 Chili Cook-off event; and WHEREAS, the Village and the Owner now desire to memorialize the terms and conditions of the provision of said lawn and landscaping service. NOW, THEREFORE, in consideration of the terms, covenants, and conditions hereinafter specified, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both the Owners and the Village, the parties hereby agree as follows: Section 1. Acknowledgement of Use for Chili Cook-off Event. The Owner owns the site formerly known as "Paradise Park" in the Village of Tequesta. Although the site was formerly leased by the Village for public park use, the lease has expired and the site is no longer used for public park purposes. However, the Owners have agreed to allow the Tequesta Friends of Public Safety to hold its annual Fire-Rescue Chili Cook-off at the former Page 1 of 4 Page 85 of 702 Agenda Item #2. "Paradise Park" site by separate agreement and understanding between themselves and the Tequesta Friends of Public Safety. The Chili Cook-off event is scheduled to be held on November 11, 2023. Section 2. Site. The site is generally located at 1 Main Street, Tequesta, Florida, is formerly known as "Paradise Park", and is more specifically described in Exhibit A hereto. Section 3. One Time Provision of Lawn and Landscaping Service The Village agrees to perform a one-time lawn maintenance and landscape maintenance service throughout the site prior to the Chili Cook-off event, on or between the dates of October 30, 2023 and November 14, 2023. The services to be provided are mowing the grass, edging and trimming grass and weeds, trimming hedges and trees, and blowing the paved surfaces clean from resulting lawn maintenance debris. These services shall be performed by the Village's public works department personnel at no charge to the Owners. The Owners hereby agree to allow the Village's public works personnel to access the site to perform the lawn and landscape maintenance activities between the dates of October 30, 2023 and November 14, 2023. Access to the site shall include access to and use of the water spigots located on the site's perimeter corral fence. Section 4. Indemnification and Hold Harmless. The Village shall indemnify, save and hold the Grantors, their officers, agents, and employees harmless from any and all claims, liability, losses, and causes of action of any nature whatsoever which may arise out of or be in any way related to the Village's provision of lawn and landscape maintenance at the site as contemplated by the Agreement. Nothing contained in this Agreement shall be construed as a waiver of the Village's sovereign immunity beyond the waiver limits established in Sec. 768.28, Florida Statutes (2023), including per person and per event limits on liability, limits on attorney's fees, and prohibitions against punitive damages and pre- judgment interest. Likewise, nothing contained in this Agreement shall be construed as the Village's consent to being sued by third parties. This indemnification provision shall survive the termination of expiration of this Agreement. Section 5. Notices. Any notices related to this Agreement shall be effective and valid only if in writing, and shall be deemed to be duly given if mailed or provided via hand delivery to the following addresses: Page 2 of 4 Page 86 of 702 Agenda Item #2. If to the Village: Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 If to the Owners: FP Tequsta Property Owner LLC 3535 Military Trail STE 101 Jupiter, FL 33458 Section 6. Governing Law and Venue. This Agreement shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Florida. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida. Section 7. Public Records. The Village and the Owners shall keep and maintain this Agreement and any other records associated therewith in accordance with the requirements of Chapter 119, Florida Statutes (the Public Records Act). IF THE OWNERS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OWNERS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06851 OR AT ImcwiIIiams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Section 8. Office of Inspector General 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 3 of 4 Page 87 of 702 Agenda Item #2. Section 9. Entire Agreement. This Agreement constitutes all agreements, conditions, and understandings between the Owners and the Village concerning the Village's one-time provision of lawn and landscape maintenance at the site in advance of the Tequesta Friends of Public Safety 2023 Fire-Rescue Chili Cook-Off event. All representations, either oral or written, shall be deemed to be merged into this Agreement. No subsequent alteration, waiver, change, or addition to this Agreement shall be binding upon the Owners or the Village unless reduced to writing,, appended hereto, and executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE VILLAGE this 10 day of October, 2023. VILLAGE OF TEQUESTA, FLORIDA BY: Agej,i, Village Manager ATTEST: =_ cSEAL D= BY: i-INCOREDBATED Lori McWilliams, MMC, /ilta Clerk .� EXECUTED BY THE GRANTORS this 03 day of October, 2023. FP TEQUESTA PROPERTY OWNER LLC. BY: Name: Title: M,9,v f/.-67 (SEAL) ATTEST: JUDY ENCK JONES MY COMMISSION#MU4963 BY: , orc� EXPIRES:July 28,2024 N me: Tit: �� /�DfCL� Pu,� Page 4 of 4 Page 88 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form The Agreement Transmittal form is to be attached to the top of ALL agreements including agreements that go to Council for approval and agreements you need the manager to sign (under $75,000). All documents approved by Council requiring signature(s) should be sent to the Village Clerk's Office prior to the meeting date. Please be sure to have the signature of the entity you are entering the agreement with already completed—prior to the Council Meeting and attach "sign here"tabs where signatures are required. DEPARTMENT AND STAFF Building Dept., Lynne Britt CONTACT: VENDOR: Village of Tequesta Code Enforcement COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION N/A NUMBER: TITLE OF AGREEMENT: First Amendment To Interlocal Agreement For Code Enforcement Services By And Between The Village of Tequesta And The Town Of Jupiter Inlet Colony DOLLAR AMOUNT: $20,800 AGREEMENT TERM END Evergreen — terminates upon thirty day notice by either DATE (Required to be filled party of intent to terminate. in): NUMBER OF DOCUMENTS One TO BE SIGNED: SPECIAL INSTRUCTIONS N/A FOR CLERKS'S OFFICE: Page 89 of 702 Agenda Item #2. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Building Department Memorandum To:Jeremy Allen, Village Manager From: Lynne Britt, Building Support Administrator Subject: First Amendment to Interlocal Agreement for Code Enforcement Services By the Village of Tequesta for Jupiter Inlet Colony Date: October 27, 2023 The following agenda item is the First Amendment to the Interlocal Agreement for Code Enforcement Services by the Village of Tequesta Code Enforcement to Jupiter Inlet Colony. This agreement increases the $20,000 annual rate to $20,800 commencing with the October 1, 2023 quarterly installment. This is an evergreen contract which terminates upon thirty days' notice by either party. The rate is now as follows: $20,800 annually To be paid in four equal quarterly installments of$5,200 on October 1, January 1, April 1 and July 1 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 90 of 702 Agenda Item #2. FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR CODE ENFORCEMENT SERVICES BY AND BETWEEN THE VILLAGE OF TEQUESTA AND THE TOWN OF JUPITER INLET COLONY THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is entered into this day of , 2023 by and between the Village of Tequesta, a municipal corporation organized and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the "Village" and the Town of Jupiter Inlet Colony, a municipal corporation organized and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the"Town". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage;and WHEREAS, Chapter 162, Part 1, Florida Statutes, the "Local Government Code Enforcement Act," sets forth a supplemental procedure for local governments to enforce its codes and ordinances;and WHEREAS, the Village employs full time code enforcement staff that are experienced with handling all facets of code enforcement, both with creating and prosecuting cases, and with performing administrative support services in accordance with the provisions of Chapter 162, Florida Statutes;and WHEREAS,the Town typically has a very limited number of code enforcement cases or matters,and does not employ regular code enforcement staff,but is in need of such services from time to time;and WHEREAS, the Village and the Town previously entered into an Interlocal Agreement for the purpose of the Village providing code enforcement services to the Town on an as needed basis;and WHEREAS,the Village and the Town now desire to amend the Interlocal Agreement for the limited purpose of increasing the compensation for services paid by the Town to the Village. 1 Page 91 of 702 Agenda Item #2. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein to be kept and performed by the parties hereto,it is agreed as follows: 1. RECITALS: The above recitals are true and correct and incorporated herein by reference. 2. AMENDMENT TO INTERLOCAL AGREEMENT: the Interlocal Agreement for Code Enforcement Services by and Between the Village of Tequesta and the Town of Jupiter Inlet Colony is hereby amended at Section 4. COMPENSATION which shall hereafter read as follows: Town shall compensate Village at the rate of$20,000.00 annually, to be paid in four equal quarterly installments; $5,000.00 on October 1, January 1, April 1, and July 1 through September 30, 2023. Commencing with the October 1, 2023 quarterly installment,the annual compensation rate of$20,000.00 shall be increased to $20,800.00 to be paid in four equal quarterly installments; $5,200.00 on October 1,January 1,April 1, and July 1 and shall continue to be paid in four equal quarterly installments at the newly adjusted rate for so long as this Interlocal Agreement remains in effect. Village shall continue to be responsible for payment of all payroll taxes and employee benefits, including workers' compensation and liability insurance, for employees assigned to perform services under this Interlocal Agreement. The compensation specified herein is separate from, and in addition to, the compensation specified in the interlocal agreement providing for use of the Village's special magistrate. 3. ALL OTHER SECTIONS OF THE INTERLOCAL AGREEMENT: Each and every other section and subsection of the Interlocal Agreement for Code Enforcement Services by and Between the Village of Tequesta and the Town of Jupiter Inlet Colony shall remain in full force and effect as originally entered into by the Town and the Village. IN WITNESS WHEREOF,the parties have hereto set their hands and seals to this three (3)page First Amendment to Interlocal Agreement this day of 2023. 2 Page 92 of 702 Agenda Item #2. ATTEST:. VILLAGE OF TEQUESTA LORI MCWILLIAMS,MMC VILLAGE CLERK (VILLAGE SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY KEITH W.DAVIS,VILLAGE ATTORNEY DATE: ATTEST: f TOWN OF JURJTER 14TLET COLONY TOWN CLERK ,MAYOR (TOWN SEAL) APPROVED AS TO FORM AND LE� WILLIAM P.DONEY,TOWN AT7� NEY DATE: 3 Page 93 of 702 Agenda Item #2. 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 ImcwiIliams@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 94 of 702 Agenda Item #2. "The Village of Tequesta strives to be an inclusive environment.As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications]are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio,video, and multimedia,shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 95 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form The Agreement Transmittal form is to be attached to the top of ALL agreements including agreements that go to Council for approval and agreements you need the manager to sign (under $75,000). All documents approved by Council requiring signature(s) should be sent to the Village Clerk's Office prior to the meeting date. Please be sure to have the signature of the entity you are entering the agreement with already completed—prior to the Council Meeting and attach "sign here"tabs where signatures are required. DEPARTMENT AND STAFF Public Works CONTACT: Doug Chambers/Janet McCorkle VENDOR: Kimley-Horn and Associates, Inc. COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NUMBER: TITLE OF AGREEMENT: Old Dixie Highway Streetscape — Initial Conceptual Design Services DOLLAR AMOUNT: $6,975.00 AGREEMENT TERM END 11/09/2024 DATE (Required to be filled in): NUMBER OF DOCUMENTS N/A TO BE SIGNED: SPECIAL INSTRUCTIONS FOR CLERKS'S OFFICE: Page 96 of 702 Agenda Item #2. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Old Dixie Highway Streetscape Conceptual Plans with Kimley Horn and Associates Date: October 24, 2023 The Following agenda item is a Work Authorization with Kimley Horn and Associates for professional Engineering services.The Consultant will prepare conceptual designs for portions of Old Dixie Highway between Tequesta Drive and the Water Treatment Plant.The design will include converting the existing striped roadway surface to curbed medians.The design will include trees, sod, ground cover plants and irrigation. The Consultant will participate in presenting the conceptual plans to Palm Beach County Traffic and Roadway Division. The cost for these services is $6,975.00 Funding for these services are budgeted in Fiscal Year 2024 and available in the Capital Account, 301-000-663.632 Architect and Engineering Services. 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 97 of 702 Agenda Item #2. 7/18/2023 VILLAGE OF TEQUESTA PROFESSIONAL SERVICES WORK AUTHORIZATION OLD DIXIE HIGHWAY STREETSCAPE — INITIAL CONCEPTUAL DESIGN SERVICES This Work Authorization authorizes Kimley-Horn and Associates, Inc. to perform work set forth herein and is issued pursuant to The Professional Engineering Services Agreement, between the Village of Tequesta ("Client"or"Village")and Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant"), dated September 10, 2020 ("Agreement"). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. Project Understanding The Village has requested that Kimley-Horn prepare initial conceptual designs for portions of Old Dixie Highway Streetscape project in Tequesta, FL and coordinate the initial concepts with Palm Beach County for potential implementation. The project limits are the R/W of Old Dixie Highway from the intersection of Tequesta Drive north to the South driveway of the Tequesta Water treatment plant, approximately 3,300 linear feet. It is our understanding that the Village envisions converting existing striped portions of the roadway surface to curbed medians as a part of a beatification effort to introduce landscape and irrigation for this portion of Old Dixie Highway. The entire project is located within Old Dixie Highway, a Palm Beach County facility. It is anticipated that the Village will enter into an interlocal agreement with Palm Beach County to share the cost of the project. Additional grants and funding sources (not identified at the time of the preparation of this work authorization) may also be used for the design and implementation of the project. It is anticipated that the project will be submitted to the Palm Beach TPA as a Local Initiatives Program (LI) project for potential funding. Project Assumptions This scope of services assumes the following: • This scope of services is limited to initial conceptual design services for potential improvements within the R/W of Old Dixie Highway. • Preparation of permit/ bid/ construction documents, specifications, are anticipated to be contracted under a separate Work Authorization. • Preparation of landscape and irrigation designs are anticipated to be contracted under a separate Work Authorization. • Professional environmental and/or cultural resources services are not included in this work authorization. • Cost estimating services are not anticipated and are not included in this work authorization. 1 Page 98 of 702 Agenda Item #2. 7/18/2023 Scope of Services Kimley-Horn will provide the services specifically set forth below. TASK 1: INITIAL CONCEPT DESIGN SERVICES SITE VISIT AND PREPARATION OF INITIAL CONCEPT: Kimley-Horn will visit the site to observe existing conditions and take spot field measurements. A base map will be prepared using readily available data, such as aerial photographs, GIS linework, and other Client-provided information. Using this base map, we will prepare up to two initial concept plans depicting the replacement of striped medians with curbed/raised medians. These initial concept plans will be used for the following: Initial Discussion with Palm Beach County: Kimley-Horn will discuss the project with Palm Beach County Traffic and Roadway Divisions to discuss an initial concept median extents/ locations, driveway access, and future turn lanes. (Up to two meetings) Design Kick-Off with Village Staff: Kimley-Horn will present concepts virtually with Village staff prior to meeting with Palm Beach County and make adjustments to the concepts, as directed. • Interim Deliverable: Black/White initial concept plan. • Interim Deliverable: A summary memorandum will be produced, documenting the meetings' findings and direction provided by County. Additional Services The following services are not included in the scope of services, but can be provided as additional services if authorized by you: • Professional survey services • Professional environmental services or services required for cultural resources assessments. • Preparation of permit/ bid/ construction documents • Geotechnical engineering/reporting • Subsurface Utility Exploration (SUE) services • Completion of the capital financing plan or worksheet if required by funding agency. • Financial feasibility, revenue, user charge, or capital financing plan assessment. • Signage design for project signs and/or gateway signs Information and Services Provided by the Village Kimley-Horn assumes that all information provided by the Village can be relied upon in the performance of professional services. The following information shall be provided to Kimley-Horn and/or the following services will be performed by the Village. • Access to project site • Existing utility information 2 Page 99 of 702 Agenda Item #2. 7/18/2023 Schedule Kimley-Horn will provide services as expeditiously as practicable to meet a mutually agreed upon schedule. Fee and Billing Kimley-Horn will perform the Scope of Services in Task 1 for the lump sum fee of $6,975 in accordance with the terms established in the Professional Engineering Services Agreement between the Village and Kimley-Horn. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to Village of Tequesta. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully-executed agreement. Fees and times stated in this Work Authorization are valid for sixty (60) days after the date of this document. Accepted by: Village of Tequesta Kimley-Horn and,Associates, Inc. Jeremy /� Y� Digitally signed by Jeremy Allen ' Jeremy Allen Date:2023.10.03 09:47:39-04'00' Jeremy Allen, Village Manager Michael F.' chwartz, P.E. Sr. Vice President Date: Date: 7.18.23 Jon . aig - PIA, AStA Project Manager 3 Page 100 of 702 Agenda Item #2. 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 101 of 702 Agenda Item #2. "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 102 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form Attach the Agreement Transmittal Form to the top of ALL agreements including agreements that go to Council for approval AND agreements the manager signs (under $75,000). Agreements are processed and imaged immediately following the council meeting, therefore should be signed by the entity you are entering into agreement with PRIOR to coming to the Clerk's or Manager's Office. Please complete the form in its entirety. DEPARTMENT AND STAFF Community Development CONTACT (who do we contact Jay Hubsch with questions): NAME OF VENDOR: McMahon, a Bowman Company PROJECT NAME/TITLE OF Tequesta Residential Parking Study AGREEMENT: Project No. M11172.25/312462-01-024 COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NUMBER: IS THIS A CAPITAL PROJECT: ❑ Yes Capital projects require a longer 0 No retention period. DOLLAR AMOUNT: $16,580.00 AGREEMENT TERM END DATE 10/1/2024 (Required to be filled in): If the agreement DOES NOT have an end date, please assign it an end date for imaging and disposition purposes. NUMBER OF AGREEMENTS TO N/A BE SIGNED (did you place sign here tabs in the proper signature locations?) SPECIAL INSTRUCTIONS FOR CLERK'S OFFICE: Updated: 6/28/2023 Page 103 of 702 Agenda Item #2. �i Memorandum To: Jeremy Allen, Village Manager From: Jay Hubsch, Community Development Director Date: October 27, 2023 Subject: Tequesta Residential Parking Study Project No. M11172.25/312462-01-024 The following agenda item is a proposal from McMahon, a Bowman Company for traffic engineering services associated with existing residential developments within the Village of Tequesta. The scope of work as outlined in the proposal will determine the current level of parking demand during the peak season within three zoning districts. The total cost of this item is $16,580.00 and funding for this study is available in account 001-150-534.300. Page 104 of 702 Agenda Item #2. 1,,__McMAH0N a Bowman company July 18, 2023 Jeremy Allen, Village Manager Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 RE: Tequesta Residential Parking Study Project No. M11172.25/312462-01-024 McMahon, a Bowman company (McMahon) is pleased to provide this proposal for traffic engineering services associated with existing residential developments within the Village of Tequesta. We understand the Village would like to quantify the current level of parking demand during peak-season,within the Mixed Use(M-U), R-2 Multiple Family Dwelling,and R-3 Multiple Family Dwelling(Beach Road)districts. The scope of work includes the following tasks: SCOPE OF WORK TASK 1 —PARKING STUDY Village staff will identify three (3) residential developments for the study. This will include one (1) development within the M-U District, one (1) development in the R-2 District, and one (1) development in the R-3 District. A. Existing Inventory—For each site under study,a field review will be performed to identify the total available number of parking spaces. Where appropriate, regular, handicap, and guest/visitor parking spaces will be identified. If reserved spaces are also provided for specific purposes, those will also be identified. If available from the Village,we will document the type/number of dwelling units(1-bedroom,2-bedroom,studio,etc.). A graphic will be prepared that will outline the area for each development. B. Existing Village Code — The current Village Code for residential parking will be reviewed and outlined in the study to document the existing parking requirements. C. Parking Accumulation Data Collection—Parking data will be collected for one(1)weekday during peak-season conditions. The data will be collected in 30 minutes intervals during the following time periods to capture the maximum expected parking for the site: a) 5:00 AM to 7:00 AM; b) 6:00 PM to 8:00 PM, and c) 10:00 PM to 12:00 AM. D. Parking Analysis—The parking accumulation data and number of units will be used to determine the current parking ratio. As appropriate, this will distinguish between resident and visitor/guest parking. 2090 Palm Beach Lakes Boulevard,Suite 400,West Palm Beach, FL 33409 P: 561.840.8650 mcmahonassociates.com I bowman.com Page 105 of 702 Agenda Item #2. CMcM A HON a Bowman company E. Parking Requirements Research—The parking requirements for a few other municipalities will be included as a guide for the Village. F. Report — The analysis and its conclusions will be summarized in a report. The report will be submitted to the client for review, in draft form, prior to preparing the final document. Five (5) copies of the final TIS will be signed and sealed by a State of Florida Registered Professional Engineer. TASK 2—MEETINGS/COORDINATION/ADDITIONAL ANALYSIS McMahon representatives will be available to coordinate on the project, attend meetings, or prepare additional analysis as requested by the Client. This will be performed on an hourly basis as requested by the Client. The services to be performed pursuant to this agreement are strictly limited to those expressly set forth herein. FEE The lump sum fees for the above-mentioned services are as follows, plus out of pocket expenses: Task 1 — Parking Study $16,580.00 Task 2—Meetings/Coordination/Additional Analysis Hourly TOTAL: $16,580.00 If additional services are required that exceed those identified in this Scope of Work, a supplemental agreement will be submitted to the client for review and approval prior to the commencement of any additional tasks. If changes are made that would require additional traffic analysis to be performed, a supplemental agreement will be provided for those services. Additional services will commence upon written authorization to proceed by the client. SCHEDULE We are prepared to initiate work on the project upon receipt of written authorization to proceed and receipt of the retainer referenced below. McMahon will use its best efforts to complete this work in accordance with the client's meeting schedule. TERMINATION This agreement may be terminated by the authorized representative effective immediately on receipt of written notice. Payment will be due for services rendered through the date written notice is received. 2090 Palm Beach Lakes Boulevard, Suite 400,West Palm Beach, FL 33409 P: 561.840.8650 2 of 4 mcmahonassociates.com I bowman.com Page 106 of 702 Agenda Item #2. M--McMAHON a Bowman company BINDING STATUS The client and McMahon Associates, Inc. bind themselves, their partners, successors, assigns, heirs, and/or legal representatives to the other party to the Agreement, and to the partners, successors,assigns and legal representatives of such other party with respect to all covenants of the proposal. TERMS By Company policy,the conditions of this agreement call for the signed execution of this contract. Invoices for services will be submitted monthly and are payable within 30 days of issuance. All invoices not paid within 30 days are subject to a 1.5% monthly interest charge, and all projects with overdue balances exceeding 60 days will be subject to a stoppage of work. Any changes in the specific work program described above will result in an adjustment of the conditions and fees. This agreement hereto sets forth the entire understanding between the parties with respect to the subject matter hereof, supersedes any and all prior understandings whether written or oral with respect to the subject matter hereof and may not be altered, modified, changed, amended or waived in any manner, except in a writing signed by all of the parties hereto. The fee quoted is valid for a period of 90 days from the date of this proposal. If the terms of this contract, as contained herein,and in the attached Standard Provisions for Professional Services are agreeable to you, please execute both copies of the agreement in the space provided and return one signed copy to our office. We greatly appreciate the opportunity to present our proposal on this project and look forward to working with you. Sincerely, Natalia T. Lercari, P.E. Senior Project Manager NTL—Attachment 2090 Palm Beach Lakes Boulevard, Suite 400,West Palm Beach, FL 33409 P: 561.840.8650 3 of 4 mcmahonassociates.com I bowman.com Page 107 of 702 Agenda Item #2. M,,__McMAHON a Bowman company Accepted for Village of Tequesta: IF signing for an LLC or LC, you must have binding authority to make payments to McMahon Associates, Inc.,or Assign an alternate business. The Project Property Address must be listed below. If adequate information is not provided, and/or cannot be verified by McMahon Associates, Inc., work will not commence on your project. By: �, kLWVV4 Inature of Xiji4izecl Representative) (Printed Name of Authorized Representative) Title: \/AVA 0-- Date: 10 1 j 1 1-,Q Please provideyour Accounts Payable contact information & Project Property Address:/ Name: ,(_., e6t WICL CU /1"zo Business Phone Number and Cell Phone Number: AI/A Project Property Address: L 3=3 96 E-mail Address: (!o as Zo L1 � i C'rY In the space below, please provide any details, including the date invoices are due each month for prompt payment, or other pertinent instf�uctions: J'r el) AV I '�-a,-,d -71 to/�e e-Y / 901)41). QVL-West Palm Beach-McMahon\Work\FL\11172M Village O7 Tequesta TransportationSewices\11172M 25 ResidentialParkingStudy\ProjeR_Management\Proposals\Prop1A071823.docx 2090 Palm Beach Lakes Boulevard,Suite 400,West Palm Beach, FL 33409 P: S61.840.8650 4 of 4 mcmahonassociates.com I bowman.com Page 108 of 702 Agenda Item #2. MCMAHON,A BOWMAN COMPANY STANDARD PROVISIONS FOR PROFESSIONAL SERVICES JANUARY 2023 The following per hour rates will apply to actual time devoted by staff of McMahon,a Bowman Company(McMahon)to this project. McMahon reserves the right to adjust individuals within these classifications as may be desirable in its opinion by reason of promotion, demotion,or change in wage rates, Such adjustments will be limited to the way charges are computed and billed and will not affect other terms of this Agreement,such as estimated total cost,unless so stated in writing. The following ranges of rates will apply to actual time devoted by McMahon staff to this project computed to the nearest one-half hour, PERSONNEL HOURLY RATES Field Personnel $ S0,00- $75,00 Technician/Admin I-V $ 80.00-$115.00 Survey Technician $ 90.00- $105.00 Party Chief/Chief of Surveys $140.00-$1€;+0.00 Engineer/Planner I-VI $115.00-$155.00 Senior Engineer/Planner I -V $160.00- $200.00 Senior Engineer/Planner VI -A $210.00- $260.00 Sr.Associate l Principal $265.00-$270,00 TERMS 1. Payment: Payment is due upon receipt of invoices within 30 days. Client agrees to pay interest at the rate of 1 and 1/2%per month can invoices that are more than 30 days past due. After 30 days past due, McMahon may suspend services and refuse to release work until Client has paid all amounts due_ If payment is not made in accordance with the Agreement, Client agrees to pay reasonable attorney's costs and fees incurred by McMahon to collect payment. 2. Expenses-Automatic Traffic Recorder equipment usage will be billed at$50,00 per 24-hour count, Incidental expenses are reimbursable at cost, plus an administration fee of 10%. These include,for example,subconsultants,reproduction,postage,graphics, mileage reimbursement at the IRS-approved rate,parking,and tolls. These expenses will be reflected in the monthly invoices. 3. Pees and Schedule: Fees and schedule commitments will be subject to change for delays caused by Client's failure to provide specific facilities or information,or for delays caused by third parties,unpredictable occurrences or force majeure. 4, Termination: No termination of this Agreement by Client will be effective unless Client gives seven days prior written notice with the reasons and details,and McMahon is afforded an opportunity to respond.Where the method of payment is a lump sum, Client agrees that the final invoice will be based on services performed to the effective date of cancellation,plus an equitable adjustment to provide for costs McMahon incurred for commitments made prior to cancellation. Where the method of payment is time and materials,Client agrees that the final invoice will include all services and direct expenses up to the effective date of cancellation plus an equitable adjustment to provide for costs McMahon incurred for commitments made prior to cancellation. 5, Drawings,Sketches anti Specifications: All drawings,sketches, specifications and other documents in any form,including electronic,prepared by McMahon are instruments of McMahon's services,and as such are and shall remain McMahon's property. Upon payment in accordance with the Agreement,Client shall have the right to use and reproduce the documents solely for the purposes of constructing,remediating,using or maintaining the project contemplated by the Agreement The documents are prepared for use on this project only and are not appropriate for use on other projects, any additions or alterations of the project, or completion of the project by others. Use of the documents in violation of this paragraph without the express written consent of McMahon is prohibited and shall be at Client's sole risk. Client agrees to indemnify,defend and hold harmless McMahon from any claims,damages,losses,liabilities and expenses arising from such prohibited use. 6. Confidentiality: Technical and pricing information in this proposal is the confidential and proprietary property of McMahon and is not to be disclosed or made available to third parties without the written consent of McMahon. 7. Insurance: McMahon will maintain at its own expense Worker's Compensation insurance,comprehensive general liability insurance and professional liability insurance. 8. Approvals: McMahon does not represent or warrant that any permit or approval will be issued by any governmental body. 9. Professional Standards: McMahon will perform its work in accordance with generally accepted professional standards. There are no other warranties,express or implied. This Agreement is solely for the benefit of the Client and its successors_ There is no third- party beneficiary of this Agreement, 10, Expert Witness Feet: Client agrees to pay reasonable expert witness fees if McMahon or any of its employees are subpoenaed to testify as a fact or opinion witness in any court proceeding,arbitration or mediation to which Client is a party. 11, Hazardous Waste: Unless otherwise provided in this Agreement,McMahon shall have no responsibility for the discovery,presence, handling,removal or disposal of hazardous materials or underground structures at the project site. 12. Assignment McMahon and Bowman are considered the same and interchangeable for this Agreement. Neither the Client nor McMahon/Bowman shall assign this Agreement without the written consent of the other. ,J ad¢VGeneraeJMisraW RMevStndpry Januaiy 20E3.doa. Page 109 of 702 Agenda Item #2. Te0uHta 0.HldentlY Pahln$Slutly SUM-FEE SHER P AETMtt ASSOCIATE SENIOR ENGINEER SENIOR OESIGHER P0.01FR ENGINEER 11 NAIIN[R/ENGINCFAING U.JENGINEEIIING CRRA TEUiNIC1 SCRY INNENGIN .N TERN TOTK TOTAI O011ARS NW0.S Nppn Hourly Rate NWn H"dv Pale HW XWFIy Rafe Npurs HPuhy Rate HWNy WIe HWrs XRw,Rate HWrs NPurly Ra@ rah 1•1V 1,study fYstin8lnvenlory 5355.00 51I5.00 5160.. $175.00 $120A0 16 U... $50.00 ifi $1,Bb.00 Ujvinylb,Code $I55.00 1 5225A0 $19. $1]5.00 1 WE.. $I1S.00 $00.00 2 53SSA0 ParSlnB Kcumulalkn O'.CPIIecNPn $255A0 i $225.00 $190.00 5115.00 $13. Sr $U5A0 $80.00 % $6,660.00 ParEinBMalyslt 5255.00 I 5225.00 $180.00 $]]5.00 six. 16 51- $.m W 52,065.W .,kI,,B RWuire-Resvueh $]SSA. 2 SII5.00 51".. $i]5.00 3 $13OR0 S115A0 550.00 5 sm.00 Report $255.00 16 5225.00 5180.00 51]S.00 B 5130.00 5115.m I 530.00 26 $3,820A0 Testy 2 Meetlnp/Emrdhutbn/RddMwW Riulysb HW rly TOTALS 0 $0.00 22 $4,M.00 0 $OAO 0 SOAO 12 $I.S60.00 86 $0,890.00 2 $380.00 .2 $26,SW.00 EONSIILTiHT:McMahan,a Rowman Enmpany OATS:1.1y Ill,- SPPpe:M1e0.111-t 1111 Old-the 1dl-Sta14: 11 Plcase see allaehN uape If serNeH GAFL-Wnt Palm ReaN-MFMYIpn\W~\111)2M.WIYee_UI THUHM-TramppnaFlwdervkH\1 I I72M_2S XnNenti.JPaetinvtrvda\ProjM-ManaRanent\Propasah\YapeMtltttFstenale Page 110 of 702 Agenda Item #2. 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 111 of 702 Agenda Item #2. "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 112 of 702 Agenda Item #2. Village of Tequesta Village Clerk's Office Agreement Transmittal Form The Agreement Transmittal form is to be attached to the top of ALL agreements including agreements that go to Council for approval and agreements you need the manager to sign (under $75,000). All documents approved by Council requiring signature(s) should be sent to the Village Clerk's Office prior to the meeting date. Please be sure to have the signature of the entity you are entering the agreement with already completed—prior to the Council Meeting and attach "sign here"tabs where signatures are required. DEPARTMENT AND STAFF Public Works CONTACT: Doug Chambers/Janet McCorkle VENDOR: Trane U.S. Inc. COUNCIL APPROVAL DATE: November 9, 2023 ORDINANCE/RESOLUTION NUMBER: TITLE OF AGREEMENT: HVAC Systems Scheduled Service Agreement Annual Maintenance and Service Agreement for A/C System at the Community Center DOLLAR AMOUNT: $9,875.00/annual AGREEMENT TERM END DATE (Required to be filled 8/31/2025 with option to renew for 3 successive years in): NUMBER OF DOCUMENTS N/A TO BE SIGNED: SPECIAL INSTRUCTIONS FOR CLERKS'S OFFICE: Page 113 of 702 Agenda Item #2. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Annual Maintenance and Service Agreement with Trane Technologies for the Air Conditioning System and the Community Center Date: October 24, 2023 The Following agenda item is an Annual Maintenance and Service Agreement with Trane Technologies for the air conditioning system at the Community Center. The facility is equipped with four(4)Trane Technologies commercial rooftop air conditioning units and controller. We are utilizing a multi-year sole source contract with Trane Technologies. The annual cost for preventative maintenance services is $9,875.00. The contract rates for additional services is as follows: Controls/Programming Straight Time Overtime $249/Hour Holidays#332/Hour $166/Hour Straight Time Mechanical Overtime $255/Hour Holidays $300/Hour $150/Hour Funding for these services are budgeted in Fiscal Year 2024 and available in the Building Repair and Maintenance Account, 001-231-546.303. Doug Chambers Director Department of Public Works This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 114 of 702 Agenda Item #2. C--9ff MW HVAC SYSTEMS SCHEDULED SERVICE AGREEMENT 61&L-- NEEL- Trane Office Company Name Trene U.S. Inc_ Village Of Tequesta 6965111sta Parkway North, Ste.11 345 Tequesta Dr Wellington, FL 33411 Tequesta, FL 33469 Trane Representative Site Address: Evan N etzel Tequesta Parks & Recreation Account Manager 399 Seabrook Fed 561-353-7642 Tequesta, FL 33469 Proposal ID 7053065 Service Contract Number 7053065 Contact Telephone Number for Service (954)499-6940 October 2, 2023 TRANS TFGMwr}l4OF� Page 115 of 702 Agenda #2. 1 14 jr TA WE' EXECUTIVE SUMMARY This Scheduled Service Agreement provides an integrated approach to planned maintenance for your HVAC equipment and building automation system(BAS). It is FO(:LI$ED ON BET an effective service strategy. After all,both systems rnust work together to your BUILDINGS building comfortable and energy efficient. Under this combined service agreement,you will hand off the responsibilitles for planning,scheduling and managing routine maintenance to Trane. Our local factory When it comes to service trained technicians keep your HVAC and BAS running efficiently and reliability, as effectiveness, experience two interdependent systems, +natters, No other provider As an HVAC service provider,Trane offers many advantages: has more experience thanTrane, • Confidence that your HVAC equipment and BAS are being cared for „ 100+years of according to 0E-M best practices for both frequency and procedures system and • Priorlty service. available 24-hours a day,giving your facility precedence equipment during urgent situations experience Advanced diagnostic technologies,allowing ourtechnicians to analyze 35+years in system performance more comprehensively,so they can identify and building automation correct a broader set of conditions systems (BAS) Protect your bottom line. Proper maintenance can save an estimated 12 to 18 # 20+years in energy percent of your budget compared to a run-to-fail approach.This sorvlce agreement services will help you capture those savings, (F€&IP)04m Gurae 2010 ADDITIONAL SUPPORT Trane offers a wade range of maintenance and repair services beyond the scope of this service agreement. Ask your Trane representative for details_ CONSISTENTENVIRONMENTAL PRACTICES PROCESSES Trane procedures for All Trane technicians Trane incident rates You will have a consistent handling refrigerant are follow documented (OSHA)are consistently group of Trane compliant with federal processes ensuring 50 to 70 percent below employees dedicated to and state regulations. uniform service delivery_ industry averages_ your account. Page 116 of 702 VOT Community Center-Now SA 2022 Mech and BA5 Agenda Item #2. '' Proposal ID: 7053065 TRW �.: j40 . , IA SCOPE OF SERVICES - STANDARD INCLUSIONS ANY HVAC SYSTEM IS ONLY AS STRONG AS ITS INDIVIDUAL MECHANICAL COMPONENTS. This service agreement with Trane protects and enhances full system functionality by ensuring that components are well maintained and functioning to OEM standards.And it is tailored to your needs.The following are the standard inclusions of your service agreement: TRANE SCHEDULED MAINTENANCE Factory authorized Trane service technicians perform all periodic maintenance,following OEM standards,to keep HVAC and BAS equipment running optimally and prevent unplanned downtime. Trane assumes all responsibilities for planning, scheduling and managing FoEffJ routine maintenance on Trane HVAC equipment and other brands. Advantages, r Trust one assigned maintenance team for all HVAC equipment brands Receive consistent service outcomes through proprietary Six 5igrna maintenance procedures Mij • Save money compared to ad-hoc service calls Implementation: • Technician visits are scheduled in advance • Service is completed during normal business hours • basic supplies,such as grease,cleaning solvents and wiping cloths, are included in the annual fee V 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. PagyvgH WE702 VOT Community Center-Now SA 2022_ Much and BAS Agenda Item #2. Proposal ID: 7053065 U WE.: , Aiii;!I n io� W • ft aft ►, `*&F*J6d-9'§ANT MANAGEMENT US Environmental Protection Agency(EPA) has placed in effect more stringent regulations an refrigerant management and reporting in 2020. Section 608 of the Clean Air Act prohibits the knowing release of refrigerant during the maintenance, service, repair, or disposal of air-conditioning and refrigeration equipment. The EPA requires proper refrigerant management practices and documentation by owners and operators of refrigeration and air-conditioning systems, all servicing technicians and others. TheClean Air Act requires owners to maintain records of refrigerant usage and leak rates for each air-conditioning or refrigeration:appliance with refrigerant charge greater than 50 lbs. These records must be main fain ed for 3 years and be directly accessible if audited by the EPA. This brief summary of Section 608 of the Clean Air Act is provided for Informational purposes only and is not for the purpose of providing legal advice.You should contact your attorney to obtain advice with respect to the application of Section 608 of the Clean Air Act to your business. All Trane Technicians are Universally certified (the highest level possible)to servi4e, manage,and dpcument your refrigerant and are knowledgeable of applicable law and time constrains to repair leaks.Trane Technicians track all refrigerant in all equipment serviced regardless of appliance size{supports accurate fugitive emissions reporting where applicable. When a customer has a#their refrigerant work performed by a Trane technician-Trane Refrigerant Management software maintains complete record of refrigerant transactions and appliance leak rates. Refrigerant reports provided by Trane will contain the information to satisfy EPA record keeping requirements. Advantages: • Real time reporting of refrigerant leak rate informs proactive decisions • Stay in aompi!an ce with state and federal regulations • Provide acceptable documentation to authorities during audits • Maintain company environmental standards and provides data for managing any reporting needs Detect potential refrigerant leaks before equipment damage occurs Implementation: Technicians collect refrigerant information for covered equipment during onsite visits Refrigerant data and technician activity are entered into the Trane Refrigerant Management System • Refrigerant Usage Reports are genera tad according to your needs V 2022 Trane Technologies All rights reserved. Gontidental anti proprietary information of Trane U.S. Inc. PagW9Mfr6f q02 VOT Community Center-blew SA 2022 Mech and BA5 Agenda Item #2. Proposal ID: 7053065 r�F: TRANE LABORATORY ANALYSIS Trane Laboratory Analysis tests system fluids for contaminants and other physical characteristics and trends. Conditions indicating sub-iptimal HVAC system performance are identified before issues become critit�al, Advantages: • Head tiff equipment failures and unplanned downtime Identify long-term equipment performance trends • Gain definitive insights through Trane experience and expertise Implementation: • Samples collected by Trane technicians during maintenance as stated in this agreement • Laboratory analysis of oil,absorption solut!Gns and refrigerants • iCansistent testing according to Trane beat-practice protocols year after year SEQUENCEOPERATION Sequence of Operation Verification assures the system is operating as + intended_ It helps manage the multiple system inputs and confirms set-up accuracy. 'l - Advantages: r - • Maintain comfort,reliability and uptime • Prevent premature failure of the system or components f Identify anomalies that waste energy - P �► Implementation: I • Discover unreleased manual overrides • Correct scheduling discrepancies • Evaluate appropriate set points U 2022 Trane Technologies Al rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagyb'9HPo6fE702 VOT Community Center-blew SA 2022_ Much and BAS Agenda Item #2. Proposal ID: 7053065 PUW : f !fir I&I"' SOFTWARE UPDATE Software Updates and training provide software instaIlation and maintonance,along with information and demonstrations on new 'LW features and functionality.This agreement includes annual upgrades for all contract customers.Any unplanned software upgrades above t 4. '" l and beyond the annual upgrade will be brought to the customer attention and billable at time and material upon customer approval. Advantages: « Proactively maintain BAS system software to each new version • Gain new and improved capabilities as technology progresses • Know how to gain the full advantages of system enhancements Keep BAS software compatible with current operating systems and browsers Mitigates risk against potential cyber security vulnerabilities within the base software Implementation: Proactive notification of software releases Installation and administration of software andl'or firmware upgrades ■ Comprehensive system and database backup and archiving i Operator coaching andlor up-front discussion on new features SYSTEM ANALYSIS AND REVIEW System analysis and review identifies and corrects programming errors,failed prints, points in alarm.and points that have been overridden- Regularly scheduled cm-site visits by Trane technicians also provide the opportunity to ask questions or address systems ccancerns you may have. Advantages: • Improves system efficiency • Assures compliance to specified conditions • Reduces the risk of costly and disruptive system problems Implementation: • Regularly scheduled on-site visits by Trane technicians(Trane office detail agreed cadence and review scope) V 2022 Trane Technologies All rights reserved. Gontidential anti proprietary information of Trane J.S. Inc. PagtPIQ00M702 VOT Community Center-blew SA 2022 Mech and BA5 Agenda Item #2. Proposal ID: 7053065 TRW ' i4o ! '►,,' CONTROL LOOP Operators sometimes adjust system settings to accommodate immediate comfort requirements. Control Loop Tuning mattes sure the correct settings are in place during seasonal transitions. Advantages: • Prepare for hotter or colder weather • Assure continuous occupant comfort Implementation: • Review for manual changes • Restore optimal settings for the heatinglcooling season • Verify operation of mechanical loop components V 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pagl(MV obf 702 VOT Community Center-New SA 2022- Ivlech and BA5 Agenda Item #2. Propoani ID: 7053065 The fallowing is an overview of the scope of Trane's services to be performed on Covered Equipment. Items marked are includad in this agreement. r fi Annual Maintenance Inspection (1) on packaged rooftop units r Operating Inspections Oty (3)on packaged rooftop units r r BAS System Analysis and Review (1) r * BAS Remote Inspection (1) i • # r Scheduled Maintenance Labor r f Scheduled Maintenance parts and Materiats r ` Clean Condenser Gaits once per year r r [give Belts supplied by Trane once per year r r Clean Evaporator Coils once per year r Air Filter Changes as required up to Qty ()changes per year +► Air Filters supplied by Trane during maintenance inspections (HEPA Filters not included). Filters r r included in agreement are MERV-8 disposable filters. If custom or upgraded filters are required difference in coast will be quoted separately. Please Note: Overtime Labor for Scheduled Maintenance, requested by customer,to be performed after regular Trane business hours, will be billed at current differential billing rates, per technician. V 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. PagbalQ2cybfl702 VOT Community Center-Now SA 2022 Much and BAS Agenda Item #2. Proposal ID: 7053065 A TRW ' . It HVAC EQUIPMENT COVERAGE Te uesto Community Center The following "Covered Equipment"will be serviced at Tequesta Community Center: Equipment Qty Manufacturer Model Number Serial dumber Asset Tag Tracer SC 1 Trane BMSC-X1365 17211718672 SC Description Quantity Per Term Onsite Extended System Analysis and Review 3 BA5 Remote Inspection 3 + A Three (3)Year Tracer SC+Software Maintenance Plan (SIVIP) is included Equipment Qty I Manufacturer Model Number Serial Number Asset Tag Packed Rooftop Unit 1 Trane THC120F3R0 212411101L RTU1 Packet! Rooftop Unit 1 Trane THD340G3R0 211810943D RTU2 Packed Rooftop Unit 1 Trane THH150G3RN 211810941D RTLJ3 Packed Rooftop Unit 1 Trane THH150G3RN 211810942D RTU4 Description Quantity Per Term Annual Inspection 3 Operational Inspection 9 u 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. PagtPdQ!30bfl702 VOT Community Center-Now SA 2022_ Much and BA5 Agenda Item #2. Proposal ID: 7053065 A MW " , PRICING AND ACCEPTANCE Village Of Tequesta Site Address: 345 Tequesta Dr Tequesta Parks &Recreation Tequesta, FL 33469 399 Seabrook Rd Tequesta, FL 33469 Trane Service Agreement This Service Agreement for Building Automation Systems consists of the pages beginning with the page entitled "HVAC Systems Scheduled Service Agreement,"the consecutively numbered pages immediately following such title page, and includes and ends with the Trane Terms and Conditions(Service) (collectively, the"Service Agreement" or "Agreement")_ Trane agrees to inspect and maintain the Covered Equipment according to the terms of this Service Agreement, including the "Terms and Conditions,"and "Scope of Services"sections. Trane agrees to give preferential service to Service Agreement Customer over non-contract customers. Service Fee As the fee(s) (the"Service Fee(s)")for the inspection and maintenance services described in the Scope of Services section with respect to the Covered Equipment, Customer agrees to pay to Trane the following amounts, plus applicable tax, as and when due. Contract Year Annual Amount USa Payment USID Payment Term Year 1 S9,875.t7t7 $9,875.00 Annual Year 2 $9,875.00 $9,875.00 Annual Year 3 $9,875.00 $9.875M Annual The pricing in this proposal is based on US Communities Contract#U C 15-JLP-023. VOT hourly labor rates for Bu i I d i ng Automation and Mechanical Technicians are as follows: BAS Straight Time$16&'Hr Overtime$2491Hr HoWa s$332lHr M'echanicar Straight Time$1501Hr Overtime$2251Hr I Holiday$3091Hr 0 Service Fee Discount. A one-time 3.00 %discount is offered for full payment of 1 year(s)in advance of the commencement of the Service Agreement, Invoice would be issued at start of the Agreement and is due net 15 days from date of invoice. Tax will be calculated Based upon the pre-discounted price. This Service Fee discount is for advance payment only under the terms stated in this section and is not applicable to credit card transactions. Please check the box to select this discount option. In addition to any other amounts then due hereunder, if this Agreement is terminated or cancelled prior to its scheduled expiration, Customer shall pay to Company the balance of any amounts billed to but unpaid by Customer and, if a"Service Project" is included in the Agreement,the Cancellation Fee set forth in "Exhibit A" Cancellation Schedule attached hereto and incorporated herein,which Cancellation Fee represents unbilled labor, non-labor expenses and parts materials and components. Subject only tc a prior written agreement signed by Trane, payment is due upon receipt of invoice in accordance with Section 4 of the attached Terms and Conditions. Term The Initial Term of this Service Agreement is 3 years, beginning January 1,2023 and expiring September 30, 2025 However, Trane's obligation under this Agreement will not begin until authorized representatives of Trane and Customer have both signed this Agreement in the spaces provided below. V 2022 Trane Technologies All rights reserved. Gonfidential and proprietary information of Trane U.S. Inc. Pa§egl24obf 702 VOT Community Center-Now SA 2022_ Much and BA5 Agenda Item #2. Proposal ID: 7053065 .. rRM ! . ! &I Fallowing expiration of the initial term on August 31, 2025, this Agreement shall renew automatically for successive periods of 3 years (the "Renewal Term") until terminated as provided herein_ If you do net want to renew this Agreement for the Renewal Term, please notify Trane by telephone or by U.S. mail prior to the expiration date set forth in the preceding sentence. If any questions arise regarding this Service Agreement or how to cancel this Agreement,Trane can be reached either by telephone at(954)499-6900 or by direct mail addressed to: 6965 Vista Parkway North, SteJ 1 Wellington, FL 33411. Renewal Pricing Adjustment The Service Fees for an impending Renewal Term shall be the current Service Fees(defined as the Service Fees for the initial Term or Renewal Term immediately preceding the impending Renewal Term) annually adjusted based on changes to the cost of service. The Service Fees for an impending Renewal Term shall be set forth in the service renewal letter furnished to Customer. Cancellation by Customer Prior to Services; Refund If Customer cancels this Agreement within (a)thirty (30)days of the date this Agreement was mailed to Customer or (b)twenty(20)days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and if no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account,the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent(10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-f ve (45)days after return of this Agreement to Company. Customer`s right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. Cancellation by Company This Agreement may be cancelled during the Initial Term or, if applicable, a Renewal Term for any reason or no reason, upon written notice from Company to dCustr mar n❑ later than 30 days prior to the scheduled expiration date and Company will refund to Customer, or credit Customer's account,that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. COMIC-19 National Emergency Clause The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic")_ With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement_ Consequently, the parties agree as follows- 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada)or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3_ Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situ aticn evolves; and 4_ If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule andfor the contract price. V 2022 Trane Technologies All rights reserved. Gontidental anti proprietary information of Trane U.S. Inc. Pa§egl25obf 702 Agenda Item #2. VOT Community Center-New SA 2022-Mech and BAS g Proposal ID: 7053065 `I�; E ���:, This Agreement is sub ect to Customer's acce tance of the attached Trane Terms and Conditions(Service). CUSTOMER Trane U.S. Inc. Jeremy Allen Digitally signed by Jeremy Allen Date:2023.10.03 12 5456-04-W Authorized Representative Submitted By: Proposal Date: Printed Name Cell: Office: (954)499-6900 License Number: CACO23485 Title Authorized Representative! / Purchase Order Area General Manager Title Acceptance Date 10/04/2023 Signature Date 0 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Pa§eA 26cbf 02 VOT Community Center-Now SA 2022 Mech and BA5 Agenda Item #2. r' tl Proposal ID: 7053065 TRW ': i4o TERMS AND CONDITIONS "Company"shall mean Trans U.S.Inc.- 1. Agreement. These terms and conditions(Terms']are an integral part of Company's offer and form the basis of any agreement(the'Agreemerwr)resulting from Company's proposal(the"Proposal")for the following commercial services as stated in the Proposal(collectively,the"Services')'_inspection,maintenance and repair (Iha"Maintunance Services')on equipmemt 0ha-Covered Equipment`),specifiad Additional Wovk(if arty),arid,if includad in Lha Proposal,In wtligenl Survica8,Energy Assessment,Energy Performance Solutions,and any other services using remote mnnectiwity{rollerlively and individually referred to in these Terms as"Energy and Building Performance Services'). COMPANY'S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2, Connected Services, In addition to these terms and conditions. mho Connected Scrvicos Terms of Service ("Connected Services Terms"), available at hitps:ltwww_trans_comJTraneConrtectedSLrviceraTermr,, as updated from time to time, are incorpnrated herein try reference and shall apply to the extent Mal Company provides Customer with Connected Services,as defined in the Connected Services Terms, 3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent f"Customer')delivered to Company tuithin 3fl days from the data of the Prnposal.It Customer accapts the Proposal by placing an order,without the addltlort of any other terms and condltians of sale or any other modifivation, Guetgmer's artier shall be deemed aoceplanve of the Proposal subject tv these Terns and Conditions. IF Customers order is expressly conditioned upon Company-s acceptance of assent to terms ancUor condttions other than those expressed herein, return of such order by Compony with Company's Terms and Conditions atlached or rehtirented.gervAs as Company's notice of objac:lion to Custnmer's lerms and as Company's counteroffer to perform in arsordamo with the Proposal and Company Terms and Conditions. If Customer does not Fejevt or objevt in writing to Company within 10 days:.Company's counteroffer will be deemed accepted. Customers acceptance of performance by Company will in any event constitute an acceptance by Customer of Company's Terms and Conditions. This Agreement Is subject to credit approval by Company_ Upon disapproval of credit,Company may delay or suspend performance or.at Its option,renegotiate pfleas and,4u Terms and Conditions with Custnmer- If Company Find Customer am unable to agrsre on such rpwisions,this,agreement Shall be cannellad without any Inability, other than Customers obligation to pay for Services provided by Company to the date of cancellation, d. Feas and Taxes. Fees for the Services(the'Service Foos")are as set forth in the Proposal.Except as otherwise stated in the Proposal,Service Foos are based on parr©rmance during regular business hours..Charges for pdrformarice outside Company's normal buskrFess hours shall be billed separately arcrordiriq Lo the than prevailing overtime Or emergency lalaer#labour rates, In addition to the stated Service lees.Customer shall pay all taxes not legally required to be paid by Company ot, aftemalively,shall provide Company with an acceptable tax exemption certificate. 5. Payment. Payment is duo upon recalpt of Company's Invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Servires.. Company reserves the right to add to any acrount ?wtstardinq for rnDnre than$0 days a service charge equal tp the lesser of the maximum allowable legal interest rate or 1.55%of the principal amount due at the end of each month. Without liability to Customer.Company may discontinue"r mance whenever payment is overdue. Customer shall pay all costs(including attbrn%s fees)incurred by Company in attempting to collml.amounts due or ottrermse enforcing this Agreement_ $. CtmstUrner Breach- Ea-Ch of the tollowing constitutes a breach by Cuslomer and shall give.Company the right.., without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination.Upon termination,Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Cornpany(including last profl and overhead):(a)Any failure try Customer to pay amounts when due;(b)any general assignment by Customer for the benefit of its creditors,Customer's bankruptcy,insolvarmy,or receivership;(c)Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made;or(d)Any failure by Customer to perform or comply with any material provision of this Agreement- i. Rnrformance. Company shall perform the Services in accordance with industry standards generally applicable In the state or pruwince where the Services are Performed under similar circumstarcns when Company performs the Services.Company may refuse to perform where wtxking oonditians could endanger property or put people at risk.Unless otherwise agreed by Customer and Company,at Customers expense and before the Services begin,Customer will provide any necessary access platforms,catwalks to safely perform the Services in compliance with OSHA,state,or provincial industrial safety regulations or any other applicable Industrial safoLy SLandaniu or guidelines.This AgraernenL presupposes that all major pieces of Covurod Equipment aro in prupur upurating condition as of the data hereof_ Services famished fine premised an the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. [luring the first 30 hays of this Agreement. or upon initial inspection, andfor upon seasonal start-up(if included in the Services).If an inspu[.taon by Company of CDverod Equipment Indlcat s rep ire or replacement Is required,Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customers telephoce line or network infrastructure to connect to controls, systems andlor equipment provided or serviced try Company and to provide Services contracted for or otherwise requested by Customer.Including remote diagnostic and repair 5ervioa.Customer acknowledges that Company is not responsible for eny adverse impact to Customer's cvmmunicalions and network infrastructure.Company may elect to instalVatterh to Customer equipment or provide portable devices(hardware andior software)for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. C-ustomer shall not acquire any interest,title or equity in any hardware,software,processes,and other intellectual,or proprietary rights to devices used in connection moat the Services on Customer equipmenl- Company may remove suvh devices at its discretion.Parks used for any repairs made will be those selected by Company as suitable For the nepairand may be parts not manufactured by Company. 8. Customer Obligations. Customer shall:(a)Provide Company reasonable and safe access to the Covered Equipment and areas where Company Is to work;(b) Follow manufactures recommendFrtions nnnceming teant[NJwn and inlarnal inFspatfinn, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated:in the Scope of Services statement,Company is not performing any manufacturer recommended teardown and internal inspection,major overhaul, restoration or refurbishing of the Covered Equtpmant; and (c)Where applicable, unless water treatment Is expressly Included In the Services, provide professional cooling towar water treaimant in FipcordaniMe with any nea54nable reppmmendalipns provided by t pmpany. 9. Exelusiors, finless expressly included in the Covered Equipment or the Services,the Services do not include,and Company shall not be responsible for or liable tti the Customer far any claims,losses,damages or expenses suffered by the Customer in any way connoctud with,relating to or arising from,any of the following:(a) Any quaeantee of room oondlfions cr system performance: (b) Inspection, malntgnance, repair, rriplacsmont of or services for- chilled water and comdanser water pumps and piping;electrical disconnect switches or circuit breakers;motor starting equipment that is not factory mourned and Interconnecting power wiring;recording or portable instruments,gauges or thermometers: non-moving parts or nor maintainable parts of the system,including, but not limited to,storage tanks: pressure vassals,shalls, coils, tubes. Imousings, castings, casings,drain pans, panels,duet work: piping- hydraulic, hydronic,pneumalle. gas, or refrigerant; insulallom; pipe Covering: retraulory material;ruses,unit Cabinets;eledriCgl wiring;duCWrkorovnduii;electrical diStritwlivn System;hydroniC slrmturei Supports and similar items;the appearance of decorative casing or cabinets;damage sustained by other equipment or systems; amVor arty failure, misadjustment or design deficiencies in other equipment or systems;(c)Damage, repairs or replacement of parts made necessary as a result of electrical power failure,low voltage_burned out main or branch fuses,low water pressure,vandalism, misuse or abuse,wear and tear,and of lifer failure,water damage, improper operation,unauthorized alteration of equipment, accident,acts or omissions of Customer or others, damage due to freezing weather,calamity,malicious act, or any Event of Force Majeure; (d)Any damage or V 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. Page.l2TV702 VOT Community Center-Now SA 2022 Mech and BA5 Agenda Item #2. r' tI Proposal ID: 7053065 TRWE : matfuriction resulting from vibration,electrolytic action,freezing,contamination,corrosion,erosion,or caused by scale or sludge on intemal tubes except where water treatment protection services are provided by Company as part of this Agreement: (e) Furnishing any items of equipment-material, or laborllabour,or performing gpmcial tests recomn7anded or required by irtsurance cornpanias or federal, stale, or local govarnmenls; (f) Failure or inadequacy of any strudurm or foundation supporting or surrounding the equipment to be worked on or arty portion thereof; (g)Building access rx Lrllaratipns that might be necessary to repair or replace Customer's existing equipment;(h)The normal function of starting and stopping equipment or the opening and dosing of valves, dampers of regulators normally Installed to protect equipment against damage;(i)Valves that am.neat factory mounted-balance,stop,control..and other valves extemal to the device unless specifically included in the Agreement;0)Any resppnsitalq for deelgn or redesign of the system or the Cpvered Equipment,pbs0escence,safety Issis,or removal or reinstallation of valve bodies and dampers:(k)Any services,daims,or damages arising out of Customer's failure to comply with its obligations under this Agreement;(I)Failure of Customer to follow manufacturar racomrnendaticns concerning taardown and intannal inspecuDn,overhaul and rmfurblshing of aquipmant;(m)Any claims,damages, losses, or expenses, arising from or reteted tp wridilions that existed in. on, pr upon the premises belore the efleotive date of this Agreement {"Pre-Existing Conditions"),including,without limitation,damages,losses,or expenses involving pre-existing building envelope issues, mechanical issues,plumbing issues, andlar indoor air quality issues involving gold+mould and+or fungi;(n)Replacement of refrigerant Is excluded,unless replacement of refrigerant is expressly stated as included within Lhe Services,in which case replacement shall in no event exceed the stated percentage of riled system charge per year expressly stated in Lhe Services;(a) crane or rigging posts;(p)Any Services,claims,or damages arising oul of nelrigerant not supplied by Company- Customer shall be responsible for-(i)The cost of ary additional replacement refrigerant; (ii)Operation of any equipment; and (iii)Any claims, damages,losses, or expenses, arising from or related to work done by or services provided by Individuals or entitles that are not employed by or hlmd by Company. 111. Limited Warranty. Company warrants that:(a)the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the eadier of the date of equipment start-up or replacement;and(b)the laborilabour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion(the"Limited Warranty").Company obligations of aquipmenl start-up,if any are stated in the Proposal,arc outeerninous with the Limitad Warranty period. Dafacts mum be reported to Cornparty within the Lih'dtad Warranty Period.Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any laborvlabour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full- Exclusions from this Warranty Include claims,ID9ses,damages and axpenses in any way Connortad win,related to of arising from fallum or malfunction of equiprnonl due to the fallowing; wear and teeT; end of life failure; corrosion; erosion; deterioration; Customeds failure to follow the Company-pTovided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company, and modifications made by others to equipment. Company shall not bm obllgatad to pay for the cast of lust refrigerant or lost product- Some components of mqulpment manufactured by Company may be warranted directly from the c mponent supplier,in which ease this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier.Notwithstanding the foregoing,all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material anclior parts thet are not manufactured by Gompapy('Third-Party Products(sT)are riot warranted by Company and have such warranties as may be extended by the respective manufaGturer- CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD- PARTY PRODUCT(S) AND ANY WARRANTIES,CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN.THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES,CONDITIONS AND REMEDIES,WHETHER IN CONTRACT,WARRANTY.STATUTE OR TORT(INCLUDING NEGLIGENCE).EXPRESS OR IMPLIED, IN LAW OR IN FACT. INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ANDA)R OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES_ENDORSEMENTS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY ANDJOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. N€} REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING.ANY MOLD, FUNGUS,BACTEREA,VIRUS, MICROBIAL GROWTH,OR ANY OTHER CONTAMINANTS(INCLUDING COVrID•19 OR ANY SIMILAR VIRUS)(COLLECTIVELY,"CONTAMINANTS"),'WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT,ANY COMPONENT THEREOF,SERVICES OR OTHERWISE, IN NO EVENT'SHALL_COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTLON OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOIWLDGES AND AGREES THERETO- 11, Indemnity- To the maximum extent permitted by law.Company and Customer Shall indemnify and hold harmless each othef from any and all claims,aclione, costs,expenses,damages and liabililies,including reasonable attorneys`fees,resulting from death or bodily injury or damage to real or personal property,to the extent caused by the negligence or misconduct of the indemnifying party,ancVor its respective employees or other authorized agents in connection with their activities within the grape of this Agreement Neither party shall indemnify the other against claims,damages,expenses,or Iiabllllim to the extent attributable to the mis or om issions of the other party or third parties-If the parties are both at fault,the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration Or early termination of this Agreement, witlh respect to any claims based on facts or condlfions that occurred prior to expiration or termination of this Agreement. 12. Limitation of LiabiRyr- NOTWITHSTANDING ANYTHING TO THE CONTRARY. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT,OR CONSEQUENTIAL LOSSES OR DAMAGES OFANY KIND ONCLUDING WITHOUT LIMITATION REFRIGERANT LOSS,PRODUCT LOSS,LOST REVENUE OR PROFITS,OR LIABILITY TO THIRD PARTIES),OR CONTAMINANTS LIABILITIES,OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING,, NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS- NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH,RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING; NEGLIGENCE). STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATK)N INHERE THE LOSS OCCURRED, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLDIMOULD. FUNGUS, BACTERIA, MICROBIAL GROWTH,OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENT$. TO THE MAXIMUM EXTENT ALLOWED BY LAW,COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION. DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK, 13. CONTAMINANTS LIABILITY. The transmission of COVID-19 may occur in a variety of ways and circumstances-many of the aspects of which are currently net known. HVAO systems,products,services and other offerings have not been Lested for their e111IIMINsiness in reducing the spread Df CC1VIC-19,including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY IHI:)EMNIFICATION,ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES DR COSTS RELATED TO CONTAMINANTS (INCLUDING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF)(COLLECTIVELY,'LCONTAMINANT$LIABILITIES-)AND CU$TOMER HEREBY EXPRESSLY RELEA$ES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14, Ash®stos and Hazardous Materials. The S.arvicas expressly exclude any identification,abat€srnant,cleanup,control,disposal,removal or other work connected wiLh asbostos polyrhlorinaiad biphenyl('PCB"),or other hazatclous materials(collectively.'Hazardous Materials'). Customer warrants and represonls that More 2ro no Hazardous Materials on the premises that will in any way affect Company's performance,except as set Forth in a writing signed by Company dimelasing the existence 2022 Trane Technologies All rights reserved. Confidential and proprietary informa#ion of Trane U.S. Inc. Page.l2-$tbf702 VOT Community Center-Now SA 2022 Mech and BA5 Agenda Item #2. r' tl Proposal ID: 7053065 TRW '2L401A 160Y Z �9 - k ! ''►1w' and location of any Hazardous Materials in all areas within which Company will be performing, Should Company become aware Of or suspect the presence or Hazardous Materials-Company may immediately stop work in the affected area and notify Gustomar. Gustorner will be responsible for correcting the condition in accordancg with all appiicab19 laws and regulalions. Custorimar shall ba exclusively responsible for and shall indemnify and had harmless Company(including its employees,agents and subcontractors)from and against any loss,claim,liability,Fees,penalties,injury(including death)or liability of any nature,and the payment thereof, ansing out of or relating to any Hazardous Materials on or about the premises,not brought onto the premises by Company. Comparry shall be required to resume performance only In the absence of Hazardous Malarial&or when the affe clad area has been rendered harmless_In no event shall Company be obligated to transpar#or handle Ha2afdOuS fvlatehals,provide any rxltiws to any governmental agency,or examine the premises site for the presence of HazarOW5 ddatert41s- 15. Insurance. Company agrees to maintain the following insurance during the tens of this Agreement with limits not less than shown b6ow and will,upon request from Customar,provide a Certificate of avidandng the following rnveiage- Commercial General Liability $Z,[JDA,Dt]P per occurrence Automobile Liability $2.000.ODD CSL Workers Compensation Statutory Limits If Customer has requested to be namad as an additional insured under Company's insurance policy,Company will do so but only subject to Company's manuscripl additional insured endorsement under its primary Commercial General Liability policies- In no event does Company or its insurer waive rights or subrogation- 16. Force MaJeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any matenal obligation under this Agreement due to an Event of Farce Majeure, this Agreement shall at Company's election (i) ramaln in affact but Campany's obligations shrill be suspended until line uncontratlable evenl terminates:of(ii)be terminated upon 10 days'notice to Customer,in which event Custamer shall pay Company for all parts of the(cervices fumished to line date of termination. An'Event of Force Majeure"shall mean any cause or event beyond the control of Company. Without limiting the foregoing,"Event of Force Majeure"includes: acts of Cod;acts of terrorism,war or the public enemy;flood.earthquake; lightning:. kwriado; storm; fire; civil disabedience; pandernic; Insurrections; riots; laborAab our disputes; Iaborkabour or malarial slrorlagns from the usual sourtas of supply; sabotage; restraint by court ender or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations,permits,licenses,certificates or approvals if not caused by Company;and the requirements of any applicable government in any manner that diverts either the malarial w the finished product to the direct or Indi Tact banant of the goverrim ant. 17. Maintenance 5ervice5 Other Than Solely Scheduled Service. If Company's Maintenance Services hereunder are not limited solely to Scheduled Service,the following provisions shall also apply:(a)Required restoration shall be performed by Customer at its cast prior to Company being obligated to perform hereunder;(b) any changes,adjustments,sarvlce or repairs made to the Equipment by any parity other than Company,unless approved by Company in writing,may,at Company's option,terminate Company's obligation to render further service to the Equipment ad affected;in euch case no refund of any portion of the Service Fees shall be made; and(c)Customer shall(i)promptly notify Company of any unusual performance of Equipment;(ii)permit only Company personnel to repair or adjust Equipment andlor controls during the Term or a Renewal Term,and(iii)utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures. 14, General, Except as provided below,to The maximum extent provided by law,this Agreement is made and shall be interpreted and erforraed in accordance with the laws of the stale or province in which Company Worms the'Services. Any dispute arising u rider or relating to-this Agreement shall be decided by litigation in a court of competent Jurisdiction located In the state or province In which the Services are performed- To the extent the premises are owned andror operated by any agency of the United States Federal Gaveniment,determination of arty substanlive issue Of law stiall be according to the United States Federal common law or Govemment contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government.This Agreement. contains all of the agroarrants,represenlatlons and understandings of the panties and supersades all previous understandings,commitments or agreaments,oral or written,rBlaled to the SBnrlcne$_ If any term or condition of this Agreement is,invalid,illegal or inoapabte of being enforrAad by any rule of law,all other Teems of thin Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign transfer-or convey this Agreement,or any part hereof-without the written consent of Company- Subject to the foregoing,lhl.s Agreement&hall bind and inure to the ben0l.of the parties hereto and their permitted succassors and assigns. This Agraamenl may he executed in several counterparts,each of which when executed shall tie deemed to be an original,but all together shall constitute but one and the same Agreement- A fully executed facsimile copy hereof or the several counterparts shall suffice as an original.Customer may not assign,transfer,or convey this Agreement,or any part hereof,or its right,title or interest herein. without the written consent of Company_Sublact to time foregoing,this Agreement shall be binding upon and inure to the benefet of the parties'raspeoiiva su=essors and assigns-No failure or delay by the Company in enforcing any right or exercising any remedy under thin Agreement shall be deemed to be a waiver by the Company of any right or remedy. 19. Equal Employme nt dpportunitylAffirmative Action Clause. Company is a federal contractor that complies fully with ExeGullive Order 11246.as amended-and the applicable regulations contained in 41 C-F.R.ParLS 130-1 through BLkBQ,29 U.S.C.Section 793 and the applicable regulations contained in 41 C.F.R.Part BID-741; and 38 U.S.C.Section 4212 and the applicable regulations contained in 41 C,F,R,Part 60-250 Executive Order 13496 and Section 29 CFR 471.appendix A to subpart A.regarding the notice of employee rights In the United Slates and with Canadian Charter of Rigl is and Freedoms Schedule 8 to the Canada Act 1962(111_K.)1962,c- 11 and applicable Provincial Human RIghts Coder.and employment law In Canada. 20. U.S.Government Service$- The following proviripn applies only to direct 5ale5 by Company to the U$Government The Parties acknowledge that all items or services ordered and delivered under this "ement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR.). In porlicular,Company agrees to be bound only by those Federal contracting clauses that apply to`commimcial"suppliers and that are conlainod in FAR 52.212-5{0)(1). Campany complies with 52.219-8 or 62.219-0 in its service and iristollaGon contracting business. Tho follinrring provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor,Company accepts only the fQllowi rig mandatory flow down provisions; 52.219-6;52.222-26; 52.22235:52.22236;52-222.39.52.247.64.frthe Services are in connection with a U.S.Goverment contract,Customer certifies that it has provided and will provide current,accurate,and complete Information,representations and cenikallons to all government officials,including but not limited to the contracting ofTicar and officials of the Small Bslsinasa Administration,on all mattara related to the prime contract,including but not limited to all aspects of its ownership,eligibility,and parforman e- Anything herein notwithstanding,Company will have no obligations to Customer unless and until Customer provides Company with a true,correct and complete axacuted copy of the prime contract. Upon request-Customer will provide copies to Campany of all requested written communications with any government officlaI related to the prime owtracl prior fa or concurrent with the execution thereof, including but mat limited to any communications related to Customers ownership, eligibility or performance of the prime contract_Customer will obtain written authorization and approval from Company prior to providing any government official any Infommatian about Company's performance of the Services that are the subJect of the Proposal or this Agreement,other than the Proposal or this Agreement. 21. LimitEd waiter of Sovereign Immunity- If CuMomar is an Indian tribe(in the U.S-)or a Fir.5L Nation or Band Council(in C"ada),Customer,whether acting in it�i capacity as a government, governmental entity, a duly Organized corporate enlity or otherwise, for itself and for its agents, successors,and assigns. (1)hereby provides this limited waiver or its sovereign immunity as to any damages,d3aims,lawsuit,or cause of action(herein"Action")brought against Customer by Company and arising at alleged to arise out of the furnishing by Company of arry product or service urlder this Agreement,whathar such Action is based in contract,tort,slricl liability,rivil liability or any uther Ipgal thron/;j2)agree,#hat jur sdio{inn and venue for zany such Adion shall he proper and valid(a)if Cus#nmer is in the U.S.,en Any state or Unitedcourt States curt located in the state in which Company is perfommfng this Agreement or(b)if Customer is in Gamda,in the superior court of the province or territory In which the work was performed;(3)axpressly consents to such Action,and waives any objection to Jurlsdictton or venua' (4)walvcs any requirement of exhaustion of tribal ujurt or adminisiralive remedies for any Action arising out of or related to this Agreement; and (5)Expressly acknuwlsdr]Bs and agnari&that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum,that Customer will not bring any action against Company in tribal court, and that Customer%rill not avail itself of any ruling or direction of the tribal coon permitting or directing it to suspend its paymant or other obligations under this Agreement_ The Individual signing on behalf of Customer warrants and represents that such individual is d4ly authorized to pmvid-e this waiver and enter into this Agreement and that this Agreement consttutes the valid and legally binding obligation of Customer,enforceable in accordance with its terms. 1.26.130.7(41321) Supersedes 1-25,130-7(pTZV) V 2022 Trane Technologies All rights reserved. Confidential and proprietary irifortna#ion of Trane U.S. Inc. PagLA 2 W702 VOT Community Center-blew SA 2022 Mech and BA5 Agenda Item #2. '' Proposal ID: 7053065 TRW �.: i4o APPENDIX SERVICE BEST PRACTICES Trane is completely dedicated to making buildings better.The ongoing pursuit of better buildings, using our long-term domain expertise to push new technologies into everyday use, keeps us at the forefront of the industry. In addition to the services details in the agreement above,we take practical steps every day to ensure our approach is safe end efFcient. SAFETY Since 2003, U.S. Bureau of Labor Statistics records have consistently shown r the Total Recordable Incident Rate(TRIR)and Days Away From Mork (DAFW)for Trane have been significantly lower than those for HVAC repair and maintenance contractors and speclalty trade contractors(construMlon). A The company's safety culture in America is unparalleled in the wilding service industry,with proven results in the continuous reduction of injury rates_Trane 1ncdent rates (OSHA)are consistently 50 to 70 percent below the industry average. �ls A wide range of safety training and resources are available to Trane k technicians, including: + Safety training—°20 hours per year + Electrical safety—NFPA 70E compliant,electrical PPE • Fall protection Ergonomics + Smith System Safe Driving Program + USDOT compliance Refrigerant management training ENVIRONMENTAL PRACTICES Trane policies and procedures are compliant with all federal and state regulations. Refrigerant(and substitutes)handling, storage and leak repair processes are cornpIiant with Environmental Protection Agency regulation 40 SFR Fart 82.Service technicians are Universai- certifed and use only certified recovery equipment Refrigerant Management Software(RMS)captures, manages and reports all refrigerant activity at your site.Annually, Trane will send you a report documenting all refrigerant activity that we performed for each piece of equipment during the past 12 months Trane adheres to all environmental regulations when removing used ail from refrigeration units.We have a national contract with a qualified supplier to recycle or dispose of used oil appropriately° CONSISTENCY Nationwide,Trane technicians fallow documented,formal processes that ensure uniform service delivery.As an OEM,Trane has developed exclusive service procedures which provide the most reliable outcomes,and extended equipment longevity,at the most cost-effective price. + Exclusive service work flow processes provide detailed steps and information encompassing parts, materials,tools and sequence of execution + Additional steps addressing safety,quality control,work validation and environmental compliance Technicians must consistently reference documented processes to ensure no critical steps are skipped or omitted + Applicable service processes meet or exceed ASHRAE 180-2008 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems V 2022 Trane Technologies All rights reserved. Confidential and proprietary information of Trane U.S. Inc. PagLtA WW702 VOT Community Center-New SA 2022_ Much and BAS Agenda Item #2. Proposal ID: 7053065 r CUSTOMER SERVICE FLOWS The following Customer Service Flows provide additional service description detail for Covered Equipment. Nate:There may be differences per the agreement in the work being performed between sites and the equipment on those sites. This section clarifies differences in the work being performed between sites and the equipment on those sites: BAE Remote Inspection Description * Alarm Log Review * Remote Diagnostics Review * Review System Results * Remote Operator Coaching Onsite Extended System Analysis and Review Description * System Controller end Ccrnmunication Inspection * Tracer SC System Back-Up • System Controller SW Service Pack/Patch * Verify System Software Configuration & Programming • Customer Review Meeting * Labor to Fix Issues Found During System SW Config and Programming Review (Tracer SC ERAS R'newal) * Tracer SC System Back-Up Precedent Unit Annual Inspection Description * Unitary Visual Equipment Inspection * Lock Out Tag Out (Standard) * Micro Channel {Gail Cleaning * Condensate Drip Pan Treatment * Supply Fan Inspection * Condenser Fan Check * Bearing Lubrication * Electrical Inspection * Check Damper-M Series, 13"YC * Seasonal Cooling Start Up * Log Unit Precedent Unit Operational Inspection Description * Unitary Visual Equipment Inspection * Supply Fan Inspection Including LOTO * Condensate Drip Pan Treatment * Log Unit (Unitary) V 2022 Trane Technologies All rights reserved. Gontidential and proprietary information of Trane U.S. Inc. Pa§egl31 obf 702 VOT Community Center-Now SA 2022_ Much and BA5 Agenda Item #2. Proposal ID: 7053065 ffi U W ' Voyager Unit Annual Inspection Description • Unitary Visual Equipment Inspection + Verify Line Voltage • Lock Out Tag Out (Standard) • Supply Fan Inspection-IPAKIVOY • supply Fan Variable Frequency Drive Maintenance- IPAKNOYIPREIAFI Remove Access Panels or Open Access Doors Meg supply Fan With VFD • Meg Exhaust Fan Without VFD Meg Compressor Motor- IPAKIVOY • Electrical Inspection • Reinstall Access Panels or Close Access Doors Micro Channel Coil Cleaning • Condensate Drip Pan Treatment • remove Lock Out Tag Out e Pre-Start Check-VOWPRE • Star!Up Condenser Fan Cheek.(Per Fan) * Cooling Check-VOY Manual Log With Electronic Device Return Unit to Normal Operation Voyager Unit Operational Inspection Description Unitary Visual Equipment Inspection • Lock Out Tag Out (Standard) • Supply Fan Inspection-IPAKNOY • Supply Fan Variable Frequency Drive Maintenance- IPAKIVOYIPREIAH # Power Exhaust Fan(s) Inspection - Direct Drive • Remove Access Panels or Open Access Doors • Reinstall Access Panels or Close Access Coors • Check Economizer Damper-VOY/PRE Cooling Check-VOY + Manual Log With Electronic Device • Return Unit to Normal Operation V 2022 Tirane Technologies All rights reserved. Gontidential and proprietary information of Trane U.S. Inc. Pa§egl 312cbI702 Agenda Item #2. 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 133 of 702 Agenda Item #2. "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 134 of 702