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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_2/8/2024 Agenda Item #4. Regular Council STAFF MEMO Meeting: Regular Council - Feb 08 2024 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consider Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. AirGas Account Application-Utilities,$0.00 B. Dive Rescue International Host Agreement- Fire Rescue, see agreement for details C. Fastenal Credit Application and Guaranty Agreement- Utilities, $0.00 D. FPL LED Streetlight Installation Agreement-Public Works, see agreement for details E. Sports Tyme Facility Use Agreement-Parks & Recreation, $21,300.00 F. Total Caring, Inc. Training Site Agreement-Fire Dept, see agreement for details . - Consider Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. AirGas Account Application-Utilities,$0.00 B. Dive Rescue International Host Agreement-Fire Rescue, see agreement for details C. Fastenal Credit Application and Guaranty Agreement-Utilities, $0.00 D. FPL LED Streetlight Installation Agreement-Public Works, see agreement for details E. Sports Tyme Facility Use Agreement-Parks & Recreation, $21,300.00 F. Total Caring, Inc. Training Site Agreement-Fire Dept, see agreement for details This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • • BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A FUNDING SOURCES: 6 Items, each with IS THIS A PIGGYBACK: individual costs ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A Page 27 of 590 Agenda Item #4. COMMENTS/EXPLANATION ON SELECTIONN/A AirGas Account Application-Utilities NT Dive Rescue Internation Host Agreeement - Fire Dept NT Fastenal Credit Application and Guaranty Agreement-Utilities NT FPL LED Streetlight Installation Agreement-Public Works NT Sports Tyme Facility Use Agreement-Parks & Recreation.adaNT Total Caring, Inc. Training Site Agreement-Fire DeptNT Page 28 of 590 Agenda Item #4. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Date: January 18, 2024 To: Jeremy Allen,Village Manager, Through: Marjorie G Craig, PE, Director, Utilities Department From: David Tinoco, Water Distribution and Stormwater Superintendent Re: Consider Approval of Credit Account Application with Airgas, Inc. The Village of Tequesta Utilities Department (UD) recommends approval to establish a credit account with Airgas to purchase oxygen and acetylene on an as needed basis.The Utilities Department utilizes a torch to cut corroded nuts and bolts when replacing fire hydrants and system valves, the torch uses oxygen and acetylene. 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 29 of 590 1 AN tTlAfi qutlif9,:r i s'tti . affiliates Account Application Approved By: $Amount: 11­1"11'd Account#: Salesman#: Branch: Territory: Date approved: ❑Individual ❑Partnership ❑Corporation Individual Information ' Name: Villaoe of Teouesta Local Government * Billing Address: 136 Bridge Road Employer: Length of Employment(#yrs): 'City: Tequesta 'State: FL 'zip: 33469 Employer Phone#:( ) DOB: "Phone#: 561-YL0482 _ Fax Last 4 Digits of Social Security #: *Mobile#: 5�362-0257- Other#: Do you own your primary residence? ❑Yes ❑No * Shipping Name: same Landlords Name: * Shipping Address: same Have you ever filed for bankruptcy? ❑Yes ❑No If yes,what type of bankruptcy? Date Filed: *City: 'State: 'Zip: Nearest Relative(not living with you): *Phone#: Fax#:U Phone Number: *County,Parish or Province: Palm Beach County Corporation/Partnership:General Information * Is Ship To Location w/in City Limits? Yes Number of Locations(Non-administrative): Buyer Name: Village of Tequesta Web Address:www.teguesta.org DUNS#: 06384094 Buyer Phone#(� - #Years in Business: 66 Parent Company Name: village of Tequesta $Credit Limit Requested: Parent Company DUNS#: Check One if Applicable: ❑COD w/Lease ❑COD w/Rent $Credit Limit Requested: Type of Business: Government Check One if Applicable: ❑COD w/Lease ❑COD w/Rent Annual Sales S: Number of employees: 99 " Email Address: jjenkins@tequesta.org Controller Name: Purchasing Information Controller Phone#: (� Purchasing Contact Name: Jesse Jenkins Accounts Payable Contact Name: Janet McCorkle Purchasing Contact Phone#: 56( 1-262y257 Accounts Payable Contact Phone#: 56( 1-76Y0482 Purchasing Contact Email: jjenkins@tequesta.org Accounts Payable Email Address: jmccorkle@tequesta.org Is a Purchase Order Required? Product o Rental/Lease❑ Has your company ever filed for bankruptcy? ❑Yes ❑No If yes,when is the purchase order supplied: If yes,what type of bankruptcy? Date Filed: At time of order❑ At time of delivery❑ Sales Tax Information Partnership:Partner/Officer Information **indicate either subject to or not subject to Sales Tax *required unless subject to Sales Tax +* ❑We are subject to payment of Sales Tax Name 1: Last 4 digits of SS#1: *+ ❑We are tax-exempt(exemption certificate must be furnished and list items for Title 1: which you are exempt to receive exemption) Address 1: *Exemption certificate#: 85-8015833079-7 City: State: Zip: *Tax Contact Name: Janet McCorkle Name 2: Last 4 digits of SS#2: *Tax Contact Phone#: 561-76 -0482 - Title 2: *Tax Contact Email: jmccorkle@tequesta.org Address 2: Bank Information(All) City: State: Zip: Name 3: Last 4 digits of SS#3: Bank Reference Name: TD Bank Title 3: --. Bank Account#: Address 3: Phone#:( Fax#:(_) City: State: Zip: Trade References(All) Name: Advantage Bundling Phone# - 866-286-3546 Fax#( - Acct.#• Address: City: State: Zip: Name: Terracon Services,Inc. phone# _ 561-743-1079 Fax#( - Acct.#: Address: City: State: Zip: Name: Publix Super Market,Inc. Phone# - 877-333-7568 Fax#( - Acct.#: Address: city: State: zip: Page 30 of 590 Airgas,Inc.,on behalf of its subsidiaries and affiliates Agenda Item #4. Terms of Sale Terms of Sale refers to the terms and conditions contained herein and on Seller's website at www.airEas.com. "Seller" refers to Airgas, Inc., on behalf of its subsidiaries and affiliates. "Buyer"refers to the applicant in the account application to which these Terms of Sale are affixed. Each sale of Goods or services by an Airgas company shall be governed by the Terms of Sale. Each contract for the sale of Goods or services between Seller and Buyer("Contract")shall include the Terms of Sale, together with any other terms describing the Goods or services being sold,their price,delivery terms,and all other special provisions. "Goods"refers to any items of tangible personal property described in any Contract,or otherwise provided by Seller to Buyer. 1. Delivery. Seller may deliver the Goods or ship the Goods by a carrier of Seller's selection, F.O.B. shipping point to the Buyer's address in the Contract, unless the Contract provides otherwise. Delivery date(s) are determined from the date of each Contract and are estimates of approximate dates of delivery, not a guarantee of a particular day of delivery. 2. Buyers Delay of Acceptance. O'Buyer delays acceptance of the Goods when delivered or ready for shipment, Buyer shall forthwith pay to Seller the full price of the Goods and shall also pay Seller such warehousing and pier charges and other expenses as Seller may incur as a result of Buyers delay. 3. Terms of Payment. Unless otherwise specified in a Contract, Buyer shall make payment in full within 30 days after the date of Seller's invoice. A late payment charge of 1.5%on the unpaid, past due balance, will be assessed monthly (minimum two dollars (S2.00), or the maximum lawful rate allowable in the state where the Goods are delivered, whichever is less. If a Contract provides for payment other than cash immediately or cash on delivery(COD),Buyer represents that the goods are being purchased for business, commercial or agricultural purposes and not for personal, household, or family use. Buyer represents and warrants that Buyer is and shall remain solvent until Seller receives payment in full for the goods. Buyer shall be in default hereunder and Seller may cancel any Contract without liability to Buyer upon Buyer's failure to make payment as required herein or upon Buyer's failure to comply with any of the terms and conditions contained herein or upon the institution of any voluntary or involuntary bankruptcy, insolvency, receivership or debtor relief processing by or against Buyer or upon Buyer's making of an assignment for the benefit of creditors. If Seller employs any collection agency or attorney to collect any amount due Seller,and/or to repossess any goods, Buyer shall pay all collection fees,attorneys' fees, and court costs, in addition to the amount otherwise unpaid. Seller may bring suit for the collection of any such amount in any jurisdiction or venue Seller may select. 4. Taxes. Any taxes imposed by federal, state, or other governmental authority on the sale or use of Goods or the sale or performance of services by an Airgas company shall be paid by Buyer in addition to the purchase price. J. Title to Equipment. Title to all rental equipment shall remain in Seller's name. Buyer shall not cover, modify, remove or otherwise disturb any identification or other indicia of Sel ler's ownership on any rental equipment. 6. Securityfor Goods. Until Buyer pays Seller in full for any Goods purchased,title to the Goods shall remain in Sellers name and Seller shall have a purchase money security interest in the Goods. If Buyer shall default in any payments,Seller shall have all the rights as holder of such title or as such secured party under the Uniform Commercial Code and/or any other law then in force;and Seller may,in addition,retain as rental any payments received by Seller on account of the purchase price of the Goods,whether Buyer's default shall have occurred before or after delivery. If Seller repossesses the Goods,Seller may resell the Goods after 10 days' prior written notice to Buyer.Seller may file one or more financing statements to perfect such security interests. if necessary, Buyer shall execute such financing statements upon the request of Seller. 7. Warranty. All products,other items of sale,cylinders and other containers furnished by an Airgas company shall conform to the description thereof published by the manufacturer at the time of sale and will meet Sellers purity specifications for all gas products. SELLER SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FiTNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE. 8. Limitation of Liability. SELLER SHALL BE LiABLE ONLY FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE GAS CYLINDERS AND PRODUCTS, INCLUDING THE REPLACEMENT OF GASES THAT DO NOT MEET iTS PURITY SPECIFICATIONS WITH GASES THAT DO MEET SUCH SPECIFICATIONS. BUYER KNOWINGLY AND FULLY ASSUMES THE RISKS OF TRANSPORTING AND USING COMPRESSED GASES. SELLER SHALL NOT BE LIABLE FOR ANY DIRECT (EXCEPT AS EXPRESSLY PROVIDED HEREIN), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES,ARISING OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH iTS PERFORMANCE OF ANY OBLIGATIONS OR ANY PRODUCT, OTHER ITEMS OF SALE,OR EQUIPMENT SOLD OR LEASED BY SELLER,WHETHER SUCH DAMAGE RESULTS FROM ANY NEGLIGENT ACT OR OMISSION OR IS RELATED TO STRICT LIABILITY,OR OTHERWISE. 9. Period of Limitation gjAction. No action shall be brought by Buyer for any breach of Contract orotherwise in connection with any Goods or services provided or to be provided by Seller more than one year after the cause of action therefore accrues. 10. Force Majeure. Service and deliveries by Seller are subject to and contingent upon floods,strike or other labor disturbances,fire,accidents,war,delays of carriers, inability to obtain raw materials,failures of normal sources of supply,restraints of govemment(whether or not it later proves to be invalid),or any other similar or dissimilar cause beyond Seller's reasonable control. Seller shall advise Buyer in writing of the reason for and anticipated length of any such delay. if any such cause affects only a part of Seller's capacity to perform,Seller will allocate production and deliveries among its customers in a fair and reasonable manner. 11. Amendments;Entire Agreement;No l ariatious Permitted. The Terms of Sale and any Contract executed by Buyer and Seller represent the entire agreement of Buyer and Seller with respect to the sale or rental of Goods and services and supersede all prior agreements,promises,conditions,arrangements,communications,representations and warranties,including,but not limited to,any purchase order,acceptance or other document of Buyer,even if the same is signed or acted upon by Seller. The Terms of Sale and any Contract may be agreed to,amended or supplemented only in a writing executed by authorized representatives of Buyer and Seller. No person other than an authorized representative of Seller has any authority to agree on Seller's behalf to any terms of sale not set forth herein or in a Contract. The undersigned Buyer,to induce Airgas, Inc., on behalf of its subsidiaries and affiliates,to open an account for Buyer,and in consideration of each sale of Goods which Seller hereafter makes to Buyer,hereby agrees as follows: (1)All such sales shall be governed by the Airgas Terms of Sale; (2) Buyer has examined and understands such Terms of Sale; (3) Seller shall have the right to make such investigation of Buyer as Seller may deem appropriate in its discretion, which shall include,without limitation,checking credit,business and personal references; and(4)Seller shall have no obligation to extend credit to Buyer,and Seller may,in its discretion,terminate,at anytime,any credit theretofore extended by Sel ler to Buyer. Jeremy Allen dgiWlyslgmdbyire yAllen Buyer Signature: Date:2023.1zonrlsla9-os'ao' Date: 12/7/23 Buyer Name(Printed): Jeremy Allen Buyer Title: Village Manager Witness Name: Witness Title: Notice: The Federal Equal Credit Opportunity Act prohibits creditorsJi-om discriminating against credit applicants on the basis ofrace, color, religion, national origin,sex, marital status,age(provided the applicant has the capacity to enter into a binding contract);because all or part of th a applicant's income derives front airy public assistance program;or because the applicant has, in good faith, exercised any right render the Consumer Credit Protection Act. The federal agency that administers compliance with the law concerning this credit is the Federal Trade Commission, Division of Credit Practices, 6e and Penns lvania Avenue, NW, Washington,DC20580. Wage 31 of 590 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 32 of 590 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 33 of 590 Agenda Item #4. OP RES VILLAGE OF TEQUESTA TEQUESTA FIRE-RESCUE MEMORANDUM FILE NO. Admin. 24-12 DATE: January 17, 2024 TO: Jeremy Allen, Village Manager FROM: Chief James Trub: eern SUBJECT: Host Agreement Dive Rescue International and Tequesta Fire Rescue Please find attached Host Agreements between Dive Rescue International and Tequesta Fire Rescue for Swiftwater Rescue Combo Sessions to be held April 22-26, 2024. The preferred class size is 20 participants. Both parties agree to abide by the terms and conditions of the agreement. The final date when the class may be canceled with no financial obligation to Dive Rescue International is April 1 , 2024. The associated fees are as follows: • Tuition per student per course: $900 • Upon the registration of 15 paid participants, the hosting agency may enroll up to 5 participants at no charge. • A minimum of 10 paid tuitions will be required for this course to proceed as scheduled. Page 34 of 590 Agenda Item #4. L' 3 MIA 3�E }' tv HOSTAGREEMENT This is an agreement made on January 16,2024 between Dive Rescue International and Tequesta Fire Rescue. We agree,and our agencies agree,to be the host for the training course entitled Swiftwater Rescue Combo to be held in Tequesta,FL on April 22-26,2024. I understand Dive Rescue International will provide the following: Qualified Instructor or Instructors. v Registration of students and collection of tuition. Instructor fees,travel,and expenses. Custom training materials and/or textbooks. •'r Specialized training equipment as required for the course. Customized brochure,marketing material and support. Screening of participants to ensure membership with a public safety agency. Instructor transportation to and from the airport and during his/her stay. Certificate of Completion awarded to students performing at an acceptable level. 4 A one-time 10% discount for equipment purchased from Dive Rescue International. This purchase must be made within 90 days of the class and applies to current retail prices. Host responsibilities: Complete and return all paperwork. i• Act as a contact for inquiries concerning local information. Promote and publicize the course to other public safety agencies. Arrange for all instructional facilities which include classroom,audio/visual equipment,and training sites,as outlined in the Program Information Guide. I understand that the preferred class size for the Swiftwater Rescue Combo course is 20 participants. The tuition for this course is$900(US Funds) per student. A minimum of 10 students is required for this class to proceed as scheduled. I understand that if I cancel the scheduled courses by April 1,2024,1 will have no financial obligation to Dive Rescue International. However,if cancellation is made after this date, I agree to compensate Dive Rescue International for any non-refundable preparation,shipping or travel expenses. I have carefully read this statement and understand and accept my obligations as the host. Am()AIJ4 L"L( A^" 1/2— Amanda Mitchell Aglery-�'4 thorized R sentative Training Program Coordinator Dive Rescue International A\\W Print Name ` Z \jIk��� I k"ter Date Print Title �35I `aLA Date Page 35 of 590 Agenda Item #4. {tom MF_ HOST SITE INFORMATION FORM Complete this form and return to Dive Rescue international: Fax;(970)482-0893 or Email:training@diverescueinti.com. Course title:Swiftwater Rescue Combo Date:April 22-26,2OZ4 Please provide all information as you want it to appear on the Program Flyer. —t— I Host Agency Name 1�l.Gs-`q Ire 1 t-SW C-Course Location(City/State or Province): t e L eS TR Shipping Address: �� I,L S T �" - Ce -1 -_� V 7 Billing Contact Name: ( 'lYl OS Billing Contact Phone Number: SW- JC1�� S�3 1 L Billing Contact E-mail Address: 0 Billing address: '5 1 _e4(t� DrT�'Q_f-(L °YS 3 3 Location of the First Day of Course: [� G Building/Department G ,S��A 11�C. i4C ' {gtreet; City/State/Zip: ;�V�CnljP 1 n y 5LOW `lass begins at(time): 8:00 AM Contact Person(Please List Two): Name 1: _obC lY 1 t' 1 OST�1�O Work Phone:5(��o S�& 7� Cell Phone: 5(Q I J 51a - $��1 Email Address:]OS /p O� v Name 2: � oh��� _ Work Phone: S(�( (�$ O SS Cell Phone: Email Address:�1 U(�e r 0 C Lodging Recommendations: -- � r Name: L.�i. �u��J LK �'�� Y C ffi;Tu cress: 3L� f 1sN-C.1r'I'r ayi5 334 `l Hotel Phone: SDI" 5-75' 7jQQ I ____ Group Room Rates(if applicable): Rates good through(date): M(Ilk Group Rate Listed Under: Airport Destination for Instructor: 1 I'k Drive time to airport: 350 ill K1ul Cs Rental Equipment Recommendation; 1" f t Other Public Safety Departments(within 100 mile radius)who may be interested in atten�irag Age ame: Address: �r. Contact Name(if known): ne/Email: Other Public Safety Departments(within 10 a radius)who m egrested In attending: Agency Name: Address:_ Contact Name(if knol'Of'__ Phone/Email: Page 36 of 590 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 37 of 590 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics,text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/­." Page 38 of 590 Agenda Item #4. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� STAFF MEMO Date: December 29, 2023 To: Jeremy Allen,Village Manager From: Nate Litteral,Water Plant Manager, Utilities Department Through: Marjorie G Craig, PE, Director, Utilities Department Re: Consider Approval of Fastenal Company Credit Account Application The Utilities Department recommends approval of a credit account application from Fastenal, a company that provides industrial hardware and supplies that are resistant to harsh or corrosive environments that can be found at the water treatment plant. Some of the conditions that require specialty hardware and supplies include the proximity to saltwater, water treatment plant chemicals, wind,vibration, and other industrial environments in which the water plant exists. CC: Jeff Snyder, Director, Finance Department MGC/mgc/nl 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 39 of 590 Agenda Item #4. FLWE1/RBFL 7656 Byron Dr Riviera Beach, FL FA 33404 SMMa Ph:334-566-3278 INDUSTRIAL&CONSTRUCTIONSUPPLIES 11/29/2023 CREDIT APPLICATION AND GUARANTY AGREEMENT Date APPLICANT: Village of Tequesta Years in Business 66 Tax Exempt? ❑ No @ Yes ID# 59-6044081 If yes;Please includecopyof tax exemptcertificate. ❑ Corporation ❑ Partnership ❑ Individual/Sole proprietor Other Government ❑ Contractor ❑ Manufacturer ❑ Maintenance and Repair ❑ Other Annual Revenue(figures)❑Low 5 ❑ high 5❑ Low 6❑.Nbd 6❑ High 6❑ 7+ Number of Employees 345 Tequesta Drive Tequesta FL 33469 Business Address City State 71p ( 561 ) 768-0700 (_) jmccorkle@tequesta.org Phone Fax Account Payable Email Address(required) 136 Bridge Road Tequesta FL 33469 Mailing Address City State Zip Phone Fax Contact Name 901 Old Dixie Highway Tequesta FL 33469 Shipping Address(if other than business address) City State Gp (--&L) 768-262-1044 (_) .Bien Rivas Phone Fax Contact Name PRINCIPALS: ?dame of Principal Position Address Phone Name of Principal Position Address Phone Has the Applicant,or any principal,ever filed for bankruptcy? When? FINANCE: Bank Account Number Type Address Phone Fax REFERENCES: I, TD Bank Business Name Phone Fax 2. Advantage Bundling ( 866) 286-3546 (_) Business Name Phone Fax 3, Terracon Services, Inc. ( 561) 743-1079 (_) Business Name Phone Fax Terms: Fastenal credit terms are Net 30 days from receipt of invoice. Fastenal reserves the right to charge interest at the rate of 18%per annum(1.5% monthly)or at the highest rate available under applicable law,to any account balance exceeding 30 days Net. Statements and invoices will be paid in accordance with terms set forth by Fastenal. Guarantee:It is filly understood and agreed that upon approval of this application orreapplication and in consideration of credit being extended,the undersigned Principal(s)will unconditionally,individually,and jointly and severally guarantee fall payment of the purchase price of goods and merchandise so delivered. It is understood and agreed that the purchaser will pay,to the extent permitted under applicable law,all reasonable collection fees, attorney k es, and court costs incurred by Fastenal in connection with any collection action. Certification:I/We certify that all information on this application is correct and the listed bank and references are authorized to release appropriate information to Fastenal,which will be held in confidence, necessary fir credit approval and that an authorized officer, owner,partner or representative has signed this application. By signing below,I/we acknowledge and agree to the foregoing conditions. The following are authorized to purchase: Applicant:JeremyAllen Jeremy Allen Digitally2023 ed by1.291 :47:45ererny Allen 05'0 Juan Rivas By: Y Datr.2023.1I.1911:47:45.0590' Nate Litteral Title:Village Manager Date:11/29/2023 Joe O'Connor Principal: All employees authorized to purchase Credit amount requested: S TO BE COi11PLETED BY BRANCH PERSONNEL SIC CODE Branch Manager Page 40 of 590 Agenda Item #4. 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 41 of 590 Agenda Item #4. "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 42 of 590 Agenda Item #4. 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: Florida Power and Light LED Streetlight Installation and Agreement Date: January 18, 2024 The Public Works Department coordinated with Palm Beach County the installation of sidewalk between Riverside Oaks and Tequesta Pines. Tequesta Residents can now walk safely to and from the bus stop with their children. At nighttime,this area is extremely dark. In light of a recent car accident in this area,Tequesta Pines and Riverside Oaks homeowners association requested the addition of street lighting in this area. The Public Works Department presents the attached FPL Led street lighting agreement for the installation of two (2) 18' Black Granville LED post streetlights.This post light is a modern version of the standard streetlights throughout the Village. There is an initial one (I)-time contribution fee of$137.06 and a monthly recurring usage, equipment and maintenance fee of$94.79. Funding is budgeted and available in the Street lighting account 001-210-543.301 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 43 of 590 Agenda Item #4. FPL Account Number:8409822114 FPL FPL Work Request Number:_ LED LIGHTING AGREEMENT In accordance with the following terms and conditions,Village of Tequesta (hereinafter called the Customer),requests on this 30th day of December,2023,from FLORIDA POWER&LIGHT COMPANY(hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of lighting facilities at(general boundaries)V/O 1 N.Riverside Drive and Pine Tree Trail W,located in Tequesta,Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Color # # Fixture Description(1) Watts Lumens Temperature Installed Removed Black Granville LED 60 7811 3000 2 (1) Catalog of available fixtures and the assigned billing tier for each can be viewed atwww.fpl.com/led 1 Page 44 of 590 Agenda Item #4. Pole Description # # Installed Removed Black Washington Post Top 18' 2 (b) Installation and/or removal of FPL-owned additional lighting facilities where a cost estimate for these facilities will be determined based on the job scope,and the Additional Lighting Charges factor applied to determine the monthly rate. (c) Modification to existing facilities other than described above or additional notes (explain fully):WE ARE TO INSTALL 2 NEW 18' BLACK WASHINGTON ONCRETE POLES WITH 60W BLACK GRANVILLE FIXTURES. 2 Page 45 of 590 Agenda Item #4. That,for and in consideration of the covenants set forth herein,the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the lighting facilities described and identified above(hereinafter called the Lighting System),furnish to the Customer theelectric energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this Agreement,all in accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any successive lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff,and additional lighting charge in the amount of$2647 These charges may be adjusted subject to review and approval by the FPSC. 3. To pay Contribution in Aid of Construction(CIAC)in the amount of$137.06 prior to FPL's initiating the requested installation or modification. 4. To pay the monthly maintenance and energy charges in accordance to the Lighting tariff.These charges may be adjusted subject to reviewand approval by the FPSC. 5. To purchase from FPL all the electric energy used for the operation of the Lighting System. 6. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file at the FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 7. To provide access,suitable construction drawings showing the location of existing and proposed structures,and appropriate plats necessaryfor planning the design and completing the construction of FPL facilities associated with the Lighting System. 8. To have sole responsibility to ensure lighting, poles, luminaires and fixtures are in compliance with any applicable municipal or county ordinances governing the size,wattage, lumens or general aesthetics. 9. For new FPL-owned lighting systems,to provide final grading to specifications, perform any clearing if needed, compacting, removal ofstumps or other obstructions that conflict with construction, identification of all non-FPL underground facilities within or near pole or trench locations, drainage of rights-of-way or good and sufficient easements required by FPL to accommodate the lighting facilities. 10. For FPL-owned fixtures on customer-owned systems: a. To perform repairs or correct code violations on their existing lighting infrastructure.Notification to FPL is required once site is ready. b. To repair or replace their electrical infrastructure in order to provide service to the Lighting System for daily operations or in a catastrophic event. c. In the event the light is not operating correctly,Customer agrees to check voltage at the service point feeding the lighting circuit prior to submitting the request for FPL to repair thefixture. IT IS MUTUALLY AGREED THAT: 11. Modifications to the facilities provided by FPL under this agreement,other than for maintenance,may only be made through the execution of an additional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities isdefined as the following: a. the addition of lighting facilities: b. the removal of lighting facilities;and c. the removal of lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs identified in FPL's currently effective lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 12. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient rights-of-way or easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation of FPL lighting facilities. Paymentshall be made by the Customer in advance of any relocation. Lighting facilities will only be installed in locations that meet all applicable clearzone right-of-way setback requirements. 13. FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar illuminating capacity and efficiency. 3 Page 46 of 590 Agenda Item #4. 14. This Agreement shall be for a term of ten (10) years from the date of Initiation of service, and, except as provided below, shall extend thereafter for further successive periods of five(5)years from the expiration of the initial ten (10)year term or from the expiration of any extension thereof.The date of initiation of service shall be defined as the date the first lights are energized and billing begins,not the date of this Agreement.This Agreement shall be extended automatically beyond the Initial ten(10)year term or any extension thereof,urdess either party shall have given written notice to the other of its desire to terminate this Agreement The written notice shall be by certified mail and shall be given not less than ninety(90)days before the expiration of the initial ten(10)year term,or any extension thereof. 15. In the event lighting faalities covered by this agreement are removed,either at the request of the Customer or through temuination orbreach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of thefaWities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation ratesapproved by the FPSC)plus removal cost. 16. Should the Customer fall to pay any bills due and rendered pursuant to this agreement or otherwise fall to perform the obligations contained in this Agreerent,said obligations being material and going to the essence of this Agreement, FPL may cease to supplyelectric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement,Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights.It Is understood,however,that suchdisconfinuance of the supplying of electric energy or service shall not oonsbtute a breach of this Agreement by FPL,nor shall it relieve the Customer ofthe obligation to perform any of the terms and conditions of this Agreement 17. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts,fires, riots, acts of God,the public enemy, or by cause or causes not under the control of the party thus prevented from compliance,and FPL shail not have the obligation to furnish service if it is prevented from complying with this Agreementby reason of any partial, temporary or entire shut-down of service which,in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment 18. This Agreement supersedes all previous Agreements or representations,either written,oral,or otherwise between the Customer andFPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties,This Agreement does not create any rights or provide any remedies to third parties or create any additional duly,obligation or undertakings by FPL to third parties. 19. In the event of the sale of the real property upon which the facilities are installed,upon the written consent of FPL,this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from Its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 20. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Customer and FPL. 21_ The lighting facilities shall remain the property of FPL in perpetuity. 22. This Agreement is subject to FPUs Electric Tariff,including,but not limited to,the General Rules and Regulations for Electric Service andthe Rules of the FPSC, as they are now written,or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules,the provisions of the Electric Tariff and FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented. IN WITNESS WHEREOF,the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: VILLAGE OF TEOUESTA FLORIDA POWER&LIGHT COMPANY Customer(Print or type name of Organization) B Jeremy Allen Datc. 024.0 .0316:ned by 4:59.0remy '0 B a y, Date:2024.01.03 16:44:59.OS'00' y. Signature(Authorized Representative) (signal ) Gladys A..Reyes (Print or type name) (Print or type name) Title: Title:SLED Lfahtina Solutions RerxesentAve 4 Page 47 of 590 Agenda Item #4. 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 48 of 590 Agenda Item #4. "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 49 of 590 Agenda Item #4. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org i TO: Council Members Jeremy Allen, Village Manger FROM: Greg Corbitt, Parks & Recreation Director DATE: February 8, 2024 SUBJECT: Sports Tyme Summer Camp Facility Use Agreement Please find attached Facility Use Agreement between the Village of Tequesta Parks & Recreation Department and Sports Tyme Summer Camp. The agreement permits the renter to use the Recreation Center gymnasium for 9 weeks, starting June 1, 2024 through August 9, 2024 for$21,300.00. Sports Tyme Summer Camp will meet from 8 am to 5:30 pm Monday through Friday with campers ranging in age from 5 to 11 years old. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 50 of 590 Agenda Item #4. ^ARKS s'n VILLAGE OF TEQUESTA PARKS AND RECREATION DEPARTMENT FACILITY USE AGREEMENT THIS AGREEMENT FOR use of the Village of Tequesta Rec Center Gymnasium and Constitution Park ("Agreement") is entered into and effective this 3 day of Ah , 20 yy- (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta,Florida 33469,organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and I n c, , with offices located at 4Z-�' ` i�(,l( S(� (��- _ ( ',�Ohd;EL. 'S� 7Lj hereinafter the "Renter" and collectively with the Village, the "Parties". WITNESSETH The Village and the Renter, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. FACILITY INFORMATION AND FEES: The Parties hereby agree to enter into this Agreement whereby the Village will allow Renter to occupy certain areas in the Village Rec Center Gymnasium and Constitution Park as further described below, for the purposes of operating a Summer Camp-type program. The Facility is located at 399 Seabrook Road, Tequesta, FL 33469 ("Facility"). Renter agrees to pay the weekly fee of$a.xy 01-0.590 fw for Facility use during session operations, totaling $at 1900.00 for C� weeks ("Fee"). Renter agrees to make payments to the Village by check,with half of the Fee due prior to the first day of facility use, and the other half due on the Monday of the last week of the camp program. If Facility space is needed for training or orientation dates for staff, that will be covered by a separate agreement. 2. USE OF FACILITY: The Facility shall be used for the purpose stated in the Agreement and as further described in the Renter's proposal, attached as Exhibit "A." Renter shall comply with all local, state, and federal laws related to its program and use of the Facility. The gymnasium is a secure location in the building and requires a key fob to enter. Only Village staff have access Page 51 of 590 Agenda Item #4. Dover Road. Renter shall provide a drop off/pick up plan detailing policies and procedures including time schedules for camp drop off and pick up. This plan must include instruction to parents of camp participants that parking in an approved parking space is required during pick-up time. This plan shall be signed by Renter and attached to and incorporated into the agreement as "Exhibit E". 3. CAMP RULES,REGULATIONS,AND TRAININGS: All Renter's camp staff ("Camp Staff') are required to pass a level 2 background check. Any Camp Staff that fail said background check are prohibited from working at the Facility under this Agreement. A list or description of all staff qualifications, trainings, and prescreening is attached as Exhibit "F." A description of camp rules and regulations will be provided to the Village Recreation Supervisor. Renter shall develop and maintain an"Emergency Action Plan" with policies and procedures for how to respond to medical emergencies including ensuring that at least one onsite staff member maintains access to camp participant medical and emergency contact information in the event of an on-site medical emergency. Such plan shall be signed by Renter and attached to and incorporated into this agreement as "Exhibit G". At all times Renter will ensure these rules and regulations are followed. Renter agrees to provide Village residents priority registration,including early registration and reduced cost registration. Camp attendees will be dropped off and picked up in a car line style. Camp Staff will be responsible for the security and safety of the youth at all times during this process and must have a staff member available to walk the youth into the building at drop off time. Parents are prohibited from entering the Facility at this time,and it is the responsibility of the Camp Staff to enforce this rule. All Camp Staff will park in the parking lot across the street from the Facility on Seabrook Road. 4. TERM; TERMINATION; NOTICE: This Agreement shall be for a term of q wm s , commencing onlOhe+ a.20° 4 and ending on (-M q i ),QA9 . This Agreement may be terminated without cause by either party upon 60 days written notice to the other party.This Agreement may be terminated for cause for(i)either party's failure to comply with the material terms of this Agreement, or(ii) any representation, guarantee, or warranty made by the other party in this Agreement or any of its exhibits proving to have been incorrect or false in any material respect when made. In the event that either party wishes to terminate this Agreement for cause, that party must give the other party written notice of the alleged cause for termination and seven(77) days to cure the alleged cause for termination. 3 Page 52 of 590 Agenda Item #4: 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. 10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095,Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and(2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ,contract with,or subcontract with an Unauthorized Alien,as that term is defined in Section 448.095(1)(k),Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum,the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1),Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 11. SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan 5 Page 53 of 590 Agenda Item #4. duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Renter keeps and maintains public records upon completion of the Agreement, the Renter 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 THE RENTER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE RENTER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(&,teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 15. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 16. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 17. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Renter of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Renter shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: [ ] c 7 Page 54 of 590 Agenda Item #4. By: (Corporate Seal) VILLAGE OF TEQUESTA r �e f ATTEST: By: Greg Corbitt,IParks and Recreation Director Recreation Supervisor Page 55 of 590 Agenda Item #4. Attest: Village of Tequesta ,_ y Date: � � G� Date: Jeremy Y YY1 pr1 DigitaIly signed by Jeremy Allen 11)I y J 1 1 A I I C 1 1 Date:2024.01.1 1 08:39:44 � -OS'00' Lori McWilliams, MMC Jeremy Allen, Village Manager Village Clerk �OF P' RPo (Village Sell :iNcoR��� 'D= RATED 4 19���P FL,�d,„ Name of Company 5(x-y�turc,�_ (1nL (Project Name) �,1Yr1v' ��Ulti� Date: S �C1h ZyL`1 _�C'_V1i'l1S 1'���1•i r Name of person at company responsible for signing title Page 56 of 590 Agenda-Item #4. Exhibit Page 57 of 590 Agenda Item #4. ,,ON PAkK �p S � O Lc p \ � - O a 2 ,q 2 t 9�KSa kecaE.p � Activity Proposal Form Camps Your Name '._,�l �� Company Name (� - �� Contact Phone Number Contact E Mail ��Gti —C l e7-Ln a 1, Title of Camp Description of Camp: Preferred Start Date Preferred end date Preferred room Times camp will meet Ages of campers l Page 58 of 590 Agenda Item #4. Exhibit 6 Page 59 of 590 Agenda Item #4. Exhibit B-Playrground Supervision Plan Sportstyme staff will do a head count before exiting the TRC gym and as they re-enter the TRC gym.The Sportstyme Director will also do periodic head counts and remind the staff of the importance of head counts. C< Page 60 of 590 Agenda Item #4. Playground Supervision All coach protocols will be followed by Sportstyme coaches whether inside or outside.A sight line needs to be maintained at all times with the individual coaches play groups.All coaches need to maintain a headcount of their individual group. In case of inclement weather,the group will be moved to a safe place immediately. Page 61 of 590 Agenda Item #4. Exhibit C Page 62 of 590 Agenda, Item #4. Exhibit C-Restroom Supervision Plan Sportstyme Staff will monitor all restroom breaks when campers exit the TRC for bathroom breaks. Staff will step outside while the camper is using the outside restroom or stand in the doorway of the door exiting the TRC gym in order to maintain visual contact. c c� Page 63 of 590 Agenda Item #4. Exhibit D Page 64 of 590 Agenda Item #4. Exhibit D-Heat Advisory Plan Sportstyme staff will monitor the weather conditions and provide as many water and inside breaks as needed to maintain our'safe,fun,and secure" motto. Page 65 of 590 Agenda Item #4. Exhibit E Page 66 of 590 Agenda Item #4. Exhibit E-Drop off Pick up Plan Parents will be notified at Monday am drop off that if they have chosen the late stay option they must park in a TRC parking spot and enter through the Sportstyme door on the side of the building for late stay pick up. Page 67 of 590 Agenda Item #4. Exhibit F Page 68 of 590 Agenda Item #4. Exhibit F-List of staff qualifications,trainings, and pre-screening All staff must be 16 years of age, apply online, be interviewed and hired after interviewing. They must be fingerprinted and subsequently background checked. They must attend pre-camp training session with program director. Page 69 of 590 Agenda Item #4. Exhibit G Page 70 of 590 Agenda Item #4. Exhibit G-Emergency Action Plan The Sportstyme Director or Director on Duty will have access at all times to the emergency contact information for Sportstyme parents. If 911 is called the TRC staff and emergency contact will be notified as soon as possible. Page 71 of 590 asanea Item rca. SP�RTs �me COACH HANDBOOK Agenda Item #4. How to read this handbook As you read this handbook, you'll come across sections labeled Mandatory. Mandatories are very important to the program because they help fulfill our duties and safety standards as childcare providers. Aside from Mandatories, you'll also find our Best Practices. Best Practices are suggestions rather than requirements. Every year, we collect and expand our best practices based on coach surveys and feedback. Please set aside 15-20 minutes to read this entire handbook in one sitting. The end of this handbook includes a detachable "cheat sheet" to help you retain and quickly review what you have learned. Legal Disclaimers All rights reserved. The material in this handbook may not be shared, reproduced, or distributed, in whole or in part, without the prior written permission of SportsTyme Affiliated Inc. Nothing contained in this handbook is intended to, nor does it create a contract of employment for any specific duration. Employment can be terminated with or without cause and with or without notice at any time at the option of either you or the company. No employee of the company has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the foregoing. 2 Page 73 of 590 Agenda Item #4. Curriculum (CR) The goal of our curriculum is to create a relaxing environment where kids can gain confidence, learn new sports, and make friends. As coaches, we are responsible for implementing this curriculum by consistently �r applying the Mandatories laid out in this �;x4 section. CR. 1 Electronic Device Policy for Campers Mandatory Campers may bring cell phones and other personal electronics to camp: however, they can only use them during specific parts of the day- open gym, snack, and lunch breaks. Campers who abuse this privilege by using their devices during structured activities, or using them for inappropriate behavior, will have their privileges revoked. How You Will Demonstrate Compliance • Campers can only use electronic devices during specific parts of the day- open gym, snack, and lunch breaks. CR. 2 Rules of Respect Mandatory "Do unto others as you would have them do unto you." At SportsTyme, the Golden Rule informs our Rules of Respect. The Rules of Respect are as follows: • Respect Each Other • Respect the Coaches • Respect the Equipment • Respect the Environment By reciting the Rules of Respect every day, we communicate our expectations to campers and reinforce those expectations. How You Will Demonstrate Compliance • Memorize and recite the Rules of Respect with campers every morning. 3 Page 74 of 590 Agenda Item #4. CR. 3 Discipline Procedure — "3 Strike Rule" Mandatory When a child breaks a Rule of Respect, we follow our discipline procedure to ensure that bad behavior does not continue. Every camper receives a wristband at the start of the day, which they must wear until they leave. The wristbands keep parents informed by showing them at-a-glance how their child is behaving at camp. 1 , The first time a child breaks a Rule of Respect, they get an "X" on their wristband. 2. The second time a child breaks a Rule of Respect, they get their wristband taken away. K 3. The third time a child breaks a Rule of Respect, the coach fills out a Behavior Report Form (see CR. 4) and gives it to the director. Best Practices After marking a wristband with an "X," or taking it away from a camper, ask the group which Rule of Respect was broken. By doing this, we achieve two things: 1. We reinforce learning by having campers recite the rule. 2. We show the campers that breaking a Rule of Respect has real consequences. How You Will Demonstrate Compliance • Consistently enforce the 3 Strike Rule among campers by carrying a pen or sharpie, 4 Page 75 of 590 Agenda Item #4, ���� /1 [���i~��/'��� ��������rf F—���yTl ����, �� Behavior Report Form / / Mandatory |fa child displays 8 repeated pattern of misbehavior hv getting their wristband taken away, a Behavior Report is filled out and given to the director. Ask your director where forms are located, BEHAVIOR REPORT Coach Best Practices Filling out Behavior Report Forms is never fun, but it is necessary. If you have a child in your group who is consistently misbehaving and the parents never find out about it, you are at fault, not the child. If you f||| this form out, give it tn your director dssoon as possib|n, and they will make suns it makes it home. How You Will Demonstrate Compliance * Fill out Behavior Report Forms when needed and give them to your director. Page 78Of5QO Agenda Item #4. CR. 5 Religious / Sensitive Topics Mandatory SportsTyme is a Christian program, and we are immensely proud of that fact; however, specific topics are better left for the home or church. Coaches cannot conduct alter-calls or discuss things such as heaven or hell. The devotional curriculum is the responsibility of our camp directors. Furthermore, Coaches need to be proactive about shutting down other sensitive discussions. Kids are curious by nature and are prone to bring up topics such as smoking, drugs, tattoos, body piercings, sexuality, dating, politics, death, divorce, and the personal lives of staff members, Discussions like these have no place at camp. How You Will Demonstrate Compliance • Stop campers from engaging in sensitive/inappropriate discussions, CR. 6 Zero-tolerance Policy Most camper misbehavior is addressed using our wristband system. However, SportsTyme has a zero- tolerance policy for the following misconduct. If a camper does any of the following, notify your director immediately. • A camper physically harms another camper or coach. • A camper uses profane language or curses. • A camper, or group of campers, demonstrates a pattern of bullying. Our zero-tolerance policy is designed to quickly address the worst kind of misbehavior to create a safe and reputable environment. How You Will Demonstrate Compliance • Notify your director immediately if a camper physically harms someone, uses profane speech, or bullies. 6 Page 77 of 590 Agenda Item #4. Code of Conduct (CC) At SportsTyme, we teach our campers a philosophy of respect, but we can't champion that philosophy unless we practice it ourselves. We must create a working environment where mutual respect can grow and flourish. This section will highlight what it means to be a responsible team member. CC. 1 Availability & Hours Mandatory Work schedules are managed by the director using an online platform called 'When I Work.' You must check upcoming camp dates on the SportsTyme website and submit for time-off you might need before the season starts. Time-off requests submitted after the season starts are subject to director approval, • View camp dates by location: http://sporLsi.ymecamQs.com/camp-info/ • How-to: Request Time-off on PC/MAC: h[LQs://hellQ.wheniwork.com/articles/requesting- time-off-computer/ • How-to: Request Time-off on Android: hi:LpsT//hel//help.whcniwork.com/articles/requesling-- time-off-android/ • How-to: Request Time-off on iPhone: hops://hclQ.wheniwork.com/articles/requesting_ time-off-!Qhone-ipad/ How You Will Demonstrate Compliance • Submit time-off requests via When I Work for director approval. Page 78 of 590 Agenda Item #4. CC. 2 Basic Clock-in/Clock-out Etiquette Mandatory Check When I Work and adhere to the schedule by arriving on time for your shift each day. Inform the director before leaving at the end of each shift if they are still on campus. How You Will Demonstrate Compliance • Arrive for work on time and notify the director before leaving at the end of each shift if they are on campus. CC. 3 Break Time Mandatory Every coach working a full shift (8.5 hours) must take a 30-minute break each day. This break is unpaid, so you are welcome to come and go from the campus as you please, Ask your director when your break is scheduled. How You Will Demonstrate Compliance • Know when your 30-minute break is scheduled, CC. 4 Electronic Device Policy for Staff Mandatory WARNING: Bring electronics to camp at your own risk. You and you alone will be responsible for damages, replacements, or repairs, Coaches who bring their cellphone to camp must also abide by the rules outlined below: ✓ The only time a coach can use a phone within eyesight of a camper or parent is if he or she is using it for something directly camp-related. ✓ The only time a coach can use their phone for recreation is during their allotted 30-minute break (see CC. 3). How You Will Demonstrate Compliance • Only use a phone within eyesight of a child/parent if it is for something directly camp-related. 8 Page 79 of 590 Agenda Item #4. CC. 5 Dress Code & What to Bring Mandatory Coaches must wear a SportsTyme shirt, close-toed shoes, and shorts every day, Use common sense when choosing clothing appropriate to a childcare j setting, Coaches who want to get wet on water day should bring their bathing suits, but they must arrive at camp wearing their SportsTyme shirts. Best Practices We recommend bringing a whistle to camp. Why? Because a coach who utilizes a whistle correctly never has to raise their voice. For example, before starting your first activity on Monday, let your group know that whenever they hear the whistle blown three times, everyone needs to freeze. Suddenly, getting quiet is a fun game. Practice this game a few times until your group gets the idea, How You Will Demonstrate Compliance • Adhere to the dress code. CC. 6 Staff-to-Staff Communication Mandatory For the safety of our children and fellow staff members, all coaches must carry a two-way radio while on campus (provided). Radios keep the team in constant contact for the day-to-day stuff and emergencies. Camp emergencies include, but aren't limited to; • Missing Child • Camp Intruder • Severe Weather • Major Injury or Medical Issue How You Will Demonstrate Compliance • Always carry a two-way radio. 9 Page 80 of 590 Agenda Item #4. CC. 7 Staff-to-Parent Communication Mandatory If a parent needs to be contacted(emergency or not), please alert your director. Unless your director gives you explicit instructions to the contrary, contacting a parent is their responsibility, How You Will Demonstrate Compliance • Do not contact a parent without permission from the director. CC. 8 Equal Distribution of Workload Mandatory Coaches need to support fellow staff members by sharing the workload. Coaches need to share responsibilities, so no one coach carries the team, Best Practices If you find yourself melting into the background while other coaches take the lead, be more proactive by offering help. Conversely, if you continually take the lead, you should step back and encourage your fellow coaches into more active roles. How You Will Demonstrate Compliance • Support fellow staff members so work feels equally distributed, CC. 9 Staff Write-up Procedure Mandatory Each coach's responsibility is to ensure they are fulfilling the mandatories outlined in this handbook. Any staff member who is not meeting their responsibility to the team is subject to a write-up. A write-up usually comes from a director after a verbal warning. A formal write-up may become grounds for dismissal, especially if the pattern of misconduct continues. How You Will Demonstrate Compliance • Uphold the Coach Handbook and fulfill camp duties to avoid a write-up. 10 Page 81 of 590 Agenda Item #4. CC. 10 Coach Participation Mandatory Coaches need to engage during structured and unstructured activities. Kids need guidance and should not be left alone to figure things out independently. • Coaches should play alongside campers, not sit on the sidelines, including structured and unstructured time, such as open gym, • If a child is sitting out, go out of your way to make them feel welcome and included. Make things fun for campers, which is particularly important during open gym. Best Practices While it is true that the director sets the activity schedule, coaches have a lot of control over how each activity gets played. The best coaches can sense when campers are not engaged, and they use their creativity to put a spin on things, For example, tell campers that the first person to make a basket in basketball wins candy. Or put a M spin on a soccer game by pitting the boys against the girls (with the coach playing on the �a weaker team). The only limit to an activity is your imagination! How You Will Demonstrate Compliance • Do not sit unless campers are sitting, and actively engage with campers during structured and unstructured time. CC. 11 Sexual Harassment Mandatory If you or a fellow team member is the target of sexual harassment, we want to know about it. Contact your camp director or the camp owners directly to submit your complaint. You can choose to remain anonymous. How You Will Demonstrate Compliance • Submit sexual harassment complaints to either the director or camp owners. 11 Page 82 of 590 Agenda Item #4. Safety Policies and Procedures (SP) Safety is our top priority. SP. 1 Headcounts Mandatory Once coaches are assigned a group, they are responsible for ensuring that no child wanders off without supervision. All coaches must take a headcount to establish the number of kids in their group and then recount their kids before each activity. If you perform a headcount and find you are missing a child, please stay with your group and contact your director for assistance. How You Will Demonstrate Compliance • Perform a group headcount at the start of the day and again before each activity. SP. 2 Hydration Mandatory Keep your group hydrated. Coaches need to encourage campers to bring their water bottles to each activity by having structured water breaks throughout the day. How You Will Demonstrate Compliance • Have campers take regular water breaks. �rw. 1 i� Page 83 of 590 Agenda Item #4. SP. 3 Bathroom Procedure Mandatory When monitoring bathroom breaks, coaches must ensure that privacy is always maintained. If kids misbehave in the bathroom, call them outside and deal with it there, Never accompany a camper to the bathroom alone (see SP. 4). IV kids should have a volunteer or coach escort them to the bathroom, Best Practices If you lead a group of IV kids (5-8), take regular bathroom breaks- preferably between each activity. Younger children are less attuned to their bodies, but a child says they must go right away, take their word for it. It is better not to risk an accident. For older campers (9-13), you do not need to take regular bathroom breaks. If an older camper needs to go immediately, you may send them using the buddy system, Make sure campers are not gone too long. Kids like to cause trouble in the bathrooms, where they know adults are not watching. Call your director if you need assistance, How You Will Demonstrate Compliance • Make sure privacy is maintained for campers while monitoring bathroom breaks. SP. 4 One-on-One Policy Mandatory Coaches should never place themselves in a situation where they are one-on-one with a camper. If a coach needs to address a camper one-on-one, they need to make sure it is within eyeshot of another coach or group. Best Practices If you need to escort a child to the bathroom or somewhere other people won't be around, ask the child to bring a friend or two with them. As always, call your director if you need assistance. How You Will Demonstrate Compliance • Never create a situation where you are entirely alone with a camper. 13 Page 84 of 590 Agenda Item #4. SP. 5 Safety Certifications Mandatory Every staff member must obtain their certifications and keep those certifications current; otherwise, they will not be allowed to coach at SportsTyme. • First-Aid Certification • CPR/AED Certification How You Will Demonstrate Compliance • Obtain certification in First-Aid/CPR/AED and keep it current, Page 85 of 590 Agenda Item #4. Emergency and Medical Procedures (EM) Knowing our emergency and medical procedures will help keep you, your kids, and your team prepared for the unexpected. E M . 1 Intruder & Active Threats Mandatory It is everyone's responsibility to stay vigilant for potential intruders and active threats, How You Will Demonstrate Compliance • Identify adult visitors who are not accompanied by a coach and contact the director about any suspicious activity occurring on or around campus. EM . 2 Injuries/Illness Mandatory Coaches can and should treat campers for minor scratches, bumps, and bruises, Coaches are encouraged to use their best judgment and training in healthcare matters and always use caution. Do not attempt anything outside our scope to handle. Ask the director where first-aid kits are located and do not hesitate to ask for assistance. SportsTyme does not retain an on-site nurse. In the event of a significant injury, coaches should do everything to aid and assist. Coaches should use their best judgment and contact emergency services if they believe that time is of the essence. Coaches also need to contact the camp director as soon as possible. In the event of any injury or illness, coaches must complete an Accident-Injury Form (see EM. 3). How You Will Demonstrate Compliance • Use your best judgment and training to aid and assist with injuries/illness. 15 Page 86 of 590 Agenda Item #4. EM . 3 Accident-Injury Report Form Mandatory For injuries big or small, fill out an Accident-Injury Report Form, Also, if a child gets hit by another child, fill out a form. It is better if a parent hears of an incident from us directly. The director knows where these forms are located, Give completed forms back to the director so they can send them home. ACCIGEnr—injURY REPORT . C:arn�ter:'��arrc: , CoaClt N;, e: 1',h�iti, ir.,itu�� 'l l4r�c•�s; ,.t - ::.. t; ;; ,_... t3-,at& !cite of lrtlur�%I1ltics : I Place o 11;•UiZ: ° i" nal i r frc•atilleilt Iry n: C«ach �1LT12ttilr�: '� e.-,Ir-i:ef i�. n:,. :t m _nrk _flier'._,i. How You Will Demonstrate Compliance • For injuries big or small, fill out an Accident-Injury Report Form and give it to the director. 16 Page 87 of 590 Agenda Item #4. EM . 4 Weather and Natural Disasters Mandatory If weather conditions and the like become a concern during camp, please contact the director. In the event of a thunderstorm or other more extreme weather event, calmly move your group to safety first, then contact the director. Safe locations include a cafeteria or gym (away from windows). How You Will Demonstrate Compliance • Keep campers safe from bad weather conditions by moving them to safety and contacting the director. 17 Page 88 of 590 Agenda Item #4. Coach Handbook Cheat Sheet Curriculum • CR. 1 Campers can only use electronic devices during specific parts of the day-open gym, snack, and lunch breaks. • CR. 2 Memorize and recite the Rules of Respect with campers every morning, • CR. 3 Consistently enforce the 3 Strike Rule among campers by carrying a pen or sharpie. • CR. 4 Fill out Behavior Report Forms when needed and give them to your director, • CR. 5 Stop campers from engaging in sensitive/inappropriate discussions. • CR. 6 Notify your director immediately if a camper physically harms someone, uses profane speech, or bullies. Code of Conduct • CC. 1 Submit time-off requests via When I Work for director approval. • CC. 2 Arrive for work on time and notify the director before leaving at the end of each shift if they are on campus. • CC. 3 Know when your 30-minute break is scheduled. • CC. 4 Only use a phone within eyesight of a child/parent if it is for something directly camp-related. • CC. 5 Adhere to the dress code. • CC. 6 Always carry a two-way radio. • CC. 7 Do not contact a parent without permission from the director. • CC. 8 Support fellow staff members so work feels equally distributed. • CC. 9 Uphold the Coach Handbook and fulfill camp duties to avoid a write-up. • CC. 10 Do not sit unless campers are sitting, and actively engage with campers during structured and unstructured time. • CC. 11 Submit sexual harassment complaints to either the director or camp owners. Safety Policies and Procedures • SP. 1 Perform a group headcount at the start of the day and again before each activity. • SP, 2 Have campers take regular water breaks. • SP. 3 Make sure privacy is maintained for campers while monitoring bathroom breaks. • SP. 4 Never create a situation where you are entirely alone with a camper.. • SP. 5 Obtain certification in First-Aid/CPR/AED and keep it current. Emergency and Medical Procedures • EM. 1 Identify adult visitors who are not accompanied by a coach and contact the director about any suspicious activity occurring on or around campus. • EM. 2 Use your best judgment and training to aid and assist with injuries/illness. • EM. 3 For injuries big or small, fill out an Accident-Injury Report Form and give it to the director. • EM, 4 Keep campers safe from bad weather conditions by moving them to safety and contacting the director. 18 Page 89 of 590 Agenda Item #4. Village of Tequesta Department of Fire-Rescue Services e or reQ 357 Tequesta Drive `' , 561-768-0500 Tequesta, FL 33469 At�'�, www.tequesta.org i9e H%S James Trube, Fire Chief To:Jeremy Allen,Village Manager From:James Trube, Fire Chief 4—'�-� Date:January 4, 2024 Re:Total Caring Training Site Agreement Please find attached Training Site Agreement from Total Caring Health Education Staffing to the Village of Tequesta.The agreement is valid from 1/1/2024-1/1/2025 and may be renewed at the end of that time period. Both parties agree to abide by the terms and conditions of the proposal and thus,the agreement has been signed by both parties.The associated fees are as follows: • Basic Life Support Provider cards: $6.75 • All instructor cards: $8.25 • Advanced Cardiac Life Support cards: $8.25 • Pediatric Advanced Life Support cards: $8.25 • Heartsaver, First Aid Provider cards: $19.95 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 590 Agenda Item #4. TotalCaring Health Education&Staffing,Inc. Training Site Agreement This is an agreement between TotalCaring Health Education&Staffing,Inc.with its principal place of business at 98137 Little Piney Island Point, Fernandina Beach, FL 32034 and The Village of Tequesta Fire Rescue with its principal place of business at 3S7 Tequesta Drive, Tequesta, FL 33469. WHEREAS, the American Heart Association is a nonprofit organization dedicated to fighting heart disease and stroke and sets guidelines for emergency cardiovascular care("ECC")and ECC training; WHEREAS, Certified Training Center(TotalCaring, Inc.) provides and manages ECC training under the guidelines and curriculum of the AHA; and Training Site(Village of Tequesta Fire Rescue)would like to provide ECC training under same guidelines and curriculum of AHA: NOW THEREFORE, in consideration of the mutual promises set out herein, the parties hereby agree as follows: 1. DEFINITIONS: 1.1 AHA Materials: "AHA Materials" shall mean all ECC materials published by the AHA, including, but not limited to, textbooks, instructors manuals, tests, keys, evaluation forms, newsletters, course completion cards, and course participation cards. 1.2 Courses: "Course" or"Courses" shall mean the approved ECC courses listed below in which course cards will be distributed. A. Basic Life Support(BLS) Provider Course(s) Instructor Course(s) B. Advanced Cardiac Life Support(ACLS) Provider Course(s) Instructor Course(s) C. Pediatric Advanced Life Support(PALS) Provider Course(s) Instructor Course(s) 1.3 Course Cards: "Course Cards" shall mean those cards bearing the AHA Servicemarks and ECC logo which TS may distribute to students pursuant to Program Guidelines to indicate that the student participated in or successfully completed a course. Page 91 of 590 Agenda Item #4. 1.4 Geographic Territory: The"Geographic Territory" shall mean the State of Florida. 1.5 Training Site: "Training Site" shall mean persons or organizations engaged or authorized by CTC to teach courses and for whom CTC will process course rosters. 1.6 Instructors: "Instructors" shall mean persons engaged or authorized by CTC or TS to teach courses. 1.7 Program Guidelines: "Program Guidelines" shall mean the then current Guidelines for Cardiopuhnonary Resuscitation and Emergency Cardiac Care, and most recent version of the CTC Program Administration Manual, as they may be amended and/or supplemented by the AHA from time to time. The Program Guidelines are incorporated herein by reference as if fully set forth at length. 2. RESPONSIBILITIES OF TRAINING SITE: 2.1 Courses: TS shall conduct courses only within geographic territory. TS shall ensure that all courses taught by TS and/or Instructors conform to requirements of AHA. 2.2 The TS will support the Chain of Survival initiatives in cooperation with the AHA in their region and/or community, within available resources as outlined in Program Guidelines. 2.3 Rosters&Course Completion Cards: 2.3.1 TS shall safeguard Course Cards from unauthorized distribution. It shall limit the distribution of course cards only to persons who are students of the TS and/or Instructors who have met the requirements for receipt of course cards in accordance with Program Guidelines. Only the approved TS Coordinator may receive course cards from the CTC and will be solely responsible for control and security of card issuance. This responsibility may not be assigned or transferred to any other organization or individual, including Training Sites or Instructors. TS shall insure that only the appropriate type of course card, as set out in the Program Guidelines, is issued to each student. The fee for basic life support(BLS) Provider cards for TS, payable to CTC is $6.75 per card, Heartsaver, First Aid Provider card fee is $19.95 per card, and the fee for advanced cardiac life support (ACLS), pediatric advanced life support(PALS) Provider Cards and ALL instructor cards (BLS, ACLS, PALS)for TS, payable to CTC is $8.25 per card. (fees do not generate income to the American Heart Association). 2.3.2 TS shall maintain rosters and records for all courses conducted by TS for at least 3 years after the date the course was conducted. 2.3.3 TS shall submit statistical data and/or reports to the CTC as required under the Program Guidelines. 3. Reviews: The CTC may monitor and/or review the TS performance and compliance with Program guidelines and AHA curriculum at least once each year through a review of course records, site reviews, and course audits. This shall be in addition to the monitoring of Instructors as part of their review. Page 92 of 590 Agenda Item #4. 4. Costs and Fees: All costs of providing courses and fees charged to students shall be the responsibility of the TS. The AHA or CTC shall not have any responsibility for anv costs incurred, or fees charged by TS. The AHA is paid no fees by the CTC or TS or instructors, and the AHA has no financial interest in the business of the CTC or TS. S. Relationship of Parties: The parties acknowledge and agree that the relationship created by this agreement is that of independent contractors, each is an independent business entity, and such, neither party may represent itself as an employee, agent or representative of the other; nor may it incur any obligations on behalf of the other party; nor are the parties joint ventures or partners; nor does the relationship created under this agreement constitute a franchise. 6. Term and Termination: The term of this agreement shall be for ONE YEAR(usually a one year period— however covers the entire period between the end of the previous agreement), beginning on January 1,2024 and ending on January 1,2025 (renewable annually. It may only be extended by mutual written agreement of the parties. Each party is Gee to decline to renew or extend the term of this agreement. Agreements are renewable annually. This agreement may be terminated by either party if the other party breaches any term or condition of the Agreement and fails to cure the breach within ten business days after receipt of written notice describing the breach. TS acknowledges and agrees that breach includes, but is not limited to, failure by TS to comply with program and/or curriculum guidelines, and that neither the CTC nor its affiliates or officers, employees, volunteers or agents shall have any liability for any resulting termination under this agreement. This agreement may also be terminated by either party, without cause, upon thirty (30) days' prior written notice. AGREED: TotalCaring ealth Education& Stafl'mg, Inc. Tequesta Representative/ r V 61 a g L r a 9e BY: BY: Title: Title: �'`� Date: _ Date: I l c 1 0 Lastrevised: 1/22, 10/22, 12/23 Dr. Deborah Fisher Terry, DNP, APRN, ANP-BC, AGACNP-BC Page 93 of 590 Agenda Item #4. 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 94 of 590 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 95 of 590