HomeMy WebLinkAboutDocumentation_Regular_Tab 06_3/14/2024 Agenda Item #6.
Regular Council
STAFF MEMO
Y
Meeting: Regular Council - Mar 14 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. Professional Services Agreement with Life Scan Wellness Centers, $1,096.00 B. Diligent
Agreement Amendment (iCompass), $6,400.00 C. Agreement with CRS Max Consultants, Inc.,
$6,500.00
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. Professional Services Agreement with Life Scan Wellness Centers, $0.00
B. Diligent Agreement Amendment(iCompass), $6,400.00
C. Agreement with CRS Max Consultants, Inc., $6,500.00
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA
FUNDING SOURCES: NA IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONNA
Life Scan Wellness Centers Professional Services Agreement-Fire Dept N TF
Dilligent Agreement Amendment iCompass N TF
Agreement CRS Max Consultants, Inc. N TF
Page 50 of 209
Agenda Item #6.
�N
VILLAGE OF TEQUESTA
TEQUESTA FIRE-RESCUE
MEMORANDUM
FILE NO. Admin. 24-13
DATE: January 25, 2024
TO: Jeremy Allen, Village Manager
FROM: Chief James Trube /—�
SUBJECT: Professional S ices Agreement with Life Scan Wellness Centers
Please find the attached Professional Services Agreement with Life Scan Wellness
Centers to provide Enhanced Firefighter Physical Exams that are NFPA 1582 and
NFPA 1583 compliant. The agreement is for the current year and is renewable for two
additional one year terms.
Page 51 of 209
Agenda Item #6.
PROFESSION.A1,SERVICES AGREEMENT BETWEEN
LIFE EXTENSION CLINICS, INC.DIB/A: LIFE,SCAN WELLNESS CENTERS
AND
TEQUESTA FIRE'RESCUIE, Tequesta Florida
THIS A GREEMENT'is made between-T.eq uesta Fire Rescue(hereinafter TFR)and L ife Bede A'c I I rye ss C e rite rs
(hereinafter"Life Scan").
WHEREAS, r1TR and Life Scan have entered into a Professional Services Agreement (hereinafter "ISA77) to
compliant per S cope of S ervices
provide annual Life Scan Firefighter Physicals that are NFPA 1582 and NFPA 1 8.
Attachment A4
WHEREAS, The PSA shall be for a term of ( ) ►rears commencina on the I" dav of Feb. 20'24 and shall
-
ronew for two (2) additional one (i)year terms. W.Ifth annual 5% increases.
WHEREAS, the PSG Provides that TFR ,Nrilt compensate Life Scan for each Firefighter Physical performed per
Life Scan Pn'ci*ng Attaclunomt A.-
WHEREAS. the PS A Provides that Life Scan and w m nd the TFR ill utuall'y agree to a time and place to p-erfon-n
the Life Scan Firefighter Ph.-yrsicats aiid that TF R will provide the location for the. on-site pliysi cats.
WHEREAS,the PSA further provides that Life. Scan and TFR may agree that Life Scan is to perform additional
work at N-%--hen requested by TFR;
NOW THEREFORE hi furtherance of the�bt�1,re. the Parties agree to the follow ink
v
Life Extension Chnics,Inc. Tvquesta Fire Rescue
m* 357 Tequesta Dn,Jupiter. FL 33469
D/B/A: Life Se. el ness,C enters Addr ;e.
V, Bv:.
(signature) (signature.)
Print Nm-ne Patricia Joh nq,(-,)n Print Name:
E
Title
Title: �kaie, kan r
CO M
U
DATEG DATE...
Page 52 of 209
Agenda Item #6.
LIFE SCAN WELLNESS CENTERS 2024 QUOTE: with Xray
Department: Tequesta Fire Department
City: Tequesta State: FL
Contact: Kayla Preston December 20, 2023 Number of Physicals. COST
Public Safety Physical Exam(1ffPA 1582 compliant)
Medical&Occupation al/Envi ro n mental Questionnaire Included
Comprehensive Hands-On Physical Exam Included
Vital Signs- Height, Weight, Blood Pressure, Pulse Included
Sleep Disorder Evaluation, Epworth Sleep Scale Included
Back Health Evaluation Included
Urinalysis Included
Audio ram Included
Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included
Breast Exam with Self-Exam education Included
Personal Consultation with review of testing results Included
Laboratory Tests:
Comprehensive Metabolic Panel, Blood Chemistry Included
Complete Blood Count, Hematology Panel Included
Hernoccult Stool Test for Colon Cancer Screening Included
Total Lipid Panel Included
Thyroid Test TSH Included
Glucose Included
Hemoglobin Al Included
Men- PSA(Prostate cancer marker)and Testosterone Included
Ultrasound Screenings(Early Detection of Heart Disease and Cancer):
Echocardiogram (Heart Ultrasound) Included
Carotid Arteries Ultrasound Included
Aorta and Aortic Valve Ultrasounds Included
Liver Ultrasound Included
Gall Bladder Ultrasound Included
Kidneys Ultrasound Included
Spleen Ultrasound Included
Bladder Ultrasound Included
Thyroid Ultrasound Included
Men- Prostate and Testicular Ultrasounds Included
Women- Ovaries and Uterus Ultrasounds Included
Cardiopulmonary Testing
Cardiac Stress Test(Treadmill with 12 lead, sub-maximal, Bruce Protocol) Included
EKG, 12 Lead Included
Spirometry, PFT Lung Capacity with OSHA Respirator Medical Clearance Included
Fitness Evaluations per NFPA 1583—IAFFIIAFC Wellness Fitness Initiative:
Fitness tests for muscular strength&endurance Included
Sit and Reach, Planking, Grip Strength, Included
Sit Up Test, Wall Sit, Flexibility Included
V02 Max Calc for Aerobic Capacity Included
Body Weight and Composition Included
Personal Fitness Rx Included
Page 53 of 209
Agenda Item #6.
OPTIONAL TESTS AVAILABLE
Chest X-Ray, 2 view with radiologist review Included
Hazmat Heavy Metals Included
Hepatitis A Screening Test Included
Hepatitis B Screening Test Included
Hepatitis C Screening Test included
HIV Test, Gen 4 Included
QuantiFeron Gold TB Blood Test Included
Phlebotomist(Blood Draw) Fee Included
Mandatory LifeScan Wellness Centers Proprietary EMR(Electronic Medical Record (EMR) System Administrative Included
Cost, Data Storage, Enhanced Data Dashboards
LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2024 EACH $13096.00
Pricing subject to annual increase. Pricing is based on 9 patients per day. All
scheduled appointments will be billed.
Page 54 of 209
Agenda Item #6.
PUBLIC RECORDS. |n accordance with Sec. 2I9.O7Ol, 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. ACQNTRA[TOR
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 attorne«'s fees and costs
pursuant to Sec 119.0701, Florida Statutes, and other penalties under Sec. 1I9-10, 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
orBiderenotdisc|osedexceptasauthorizedbylavvforthedunadonoftheAgreernentterrn, and
following completion of the Agreement if the CONTRACTOR does not transfer the records tothe
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.
.F 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
1mcwi11ia_ms@teguesta.o[g., OR AT 345 _EQK.ESTA DRIVE, _EQUESTA, FLORIDA
33469~
Pursuant to Article X|| of the Pe|rn 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 55 of 209
Agenda Item #6.
"'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 11 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 [ontnacto�
including files, images, graphics, text, audio, video, and multimedia, shall be provided in aforrnat
that ultimately conforms tothe Level AA Success Criteria and Conformance Requirements ofthe
Web Content Accessibility Guidelines 2.0 (Dec. 21, 2008) ("VV[AG 2.0 Level AN'), published by
the World Wide Web Consortium ("VV3C"\, Web Accessibility Initiative ("WA|"), available at
Agenda Item #6.
V'111age of Teq
i
I
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 _y yX www.tequesta.org
�i
y
Village Clerk's office Memorandum
To: Jeremy Allen,Village Manager
FROM: Lori McWilliams, Village Clerk
DATE: 2/28/2024
SUBJECT: Agreement—Amendment to Dilgent Agreement (iCompass)
The Clerk's Office has decided to remove the Board Manager package from our iCompass
subscription. After careful consideration and many hours working with Diligent, we have found
this component of the program does not align with our internal needs.
1 have contacted Diligent and requested the removal of this service from our subscription. This
decision will result in a cost-saving for the Clerk's Office, reducing our annual subscription cost
from $7,800 to $6,,400, saving us $1,400 per year.
Page 57 of 209
Agen"Aam A&D59-1 F2A-4F73-9FDO-3F9DC7C;958C9
Diligent
Agreement Number:Q-1266140
ORDER FORM
This Order Form is made by and between Village of Tequesta (hereinafter "Client") whose principal place of
business is 345 Tequesta Drive, Tequesta, Florida, United States 33469 and Diligent Corporation (hereinafter
"Diligent"),whose principal place of business is located at I I I I 19th St NW,8th Floor,Washington DC 20036.The
Order Form is effective as of the Effective Date, as defined below. Each of Client and Diligent are a"Party"and
are together the"Parties."All amounts are in USD currency.
A.Terms
This Order Form, together with the applicable General Terms and Conditions as identified at
https://diligent.coi-n/.izovernance-cloud-terins-conditions, and the applicable Product Terms as identified at
https://diliv,ent.com/product-temis form the entire agreement between the parties in respect of the products and
services set forth in this Order Form(the"Agreement").For purposes of this Agreement,in the event of any conflict
between the Order Form and the General Terms and Conditions, the Order Form shall control. Notwithstanding
anything to the contrary in any purchase order or other document provided by Client,any product or service provided
by Diligent to Client in connection with a purchase order related to this Order Form is conditioned upon Client's
acceptance of the Agreement.Any additional, conflicting or different terms proffered by Client in a purchase order
or otherwise shall be deemed null and void.
B.Diligent Services
SUBSCRIPTIONS
Description Start Date End Date Quantity Annual Price Per Total Annual Price
Meeting Mana er Pro February 20,2024 February 19,2025 1 3,850.00 USD 3,850.00 USD
Audio Manager February 20,2024 February 19,2025 1 2,550.00 USD 2,550.00 USD
Total Annual Subscription Fee: 6,400.00 USD
One-Time Installation Fee: 0.00 USD
As of the execution of this Order Form,Client will receive a credit totaling 1,400.00 USD(plus applicable taxes)for
the subscriptions and/or services purchased under this Order Form.Upon execution of this Order Form,Diligent will
issue billing documents for such subscriptions and/or services, which may include invoices or credit memos as
applicable.
Pricing is valid until March 07,2024.If the Agreement received is executed by Client after this date,Diligent may
accept or reject the Agreement in its sole discretion.
The "Effective Date" of this Agreement shall be the Start Date as set forth above and the Initial Term of the
Agreement shall run from the Effective Date through the End Date as set forth above.
After the Initial Term, the term of the Agreement will automatically renew for additional I year Renewal Terms,
unless either Party provides the other written notice of non-renewal no later than 30 days prior to the expiration of
the Initial Term or any Renewal Term.For each year of the Term,pricing shall increase by 8.00%on each anniversary
of the Effective Date. Any notices of non-renewal issued by Client to Diligent must be provided to
b.illing@,diligent.com. All Subscription Fees shall be payable on an Annual basis in advance.All payments are due
Net 30 days from the date of invoice.
Page 58 of 209
AgendaRam#6L)D59-1 F2A-4F73-9FDO-3F9DC7C958C9
Diligent
Agreement Number:Q-1266140
C.Notices And Client Information
-Invoicing Notices
Client Contact Name: r 6.)', - [ ��' LOB •
Address: LA
Billing Contact: 6
Phone: 5M Wl—c> Jam '1 - gi L c5 YY)
E-mail: ,D
Additional Email: AMERCont ract@di 1 i gent.corn
VAT/Tax ID: ��'�► �L�����' � �� `7
Purchase Carder:
IF APPLICABLE: Tax-exempt Entity:Please attach a copy of your tax-exemption certificate to this Order Form.
Notices to Diligent:
Except as otherwise identified,all notices to Diligent shall be sent to: Legal odil gent.com
D.Additional Terms
1. This Agreement in particular supersedes the previous agreement between Client and Diligent dated February
20,2019(the"Preceding Contract"),which Preceding Contract is hereby terminated by the Parties as of the
Effective Date and provided that nothing under this Agreement relieves Client of any liability for fees due
under the Preceding Contract that are attributable prior to the Effective Date. Any fees that have been
prepaid under the Preceding Contract that are attributable from the Effective Date onward shall be applied
to the fees due from the Client to Diligent under this Agreement. For the avoidance of doubt,this Section
does not relieve Client of any liability for the fees due pursuant to this Agreement.
Page 59 of 209
Aga daAam#60D59-1 F2A-4F73-9FDO-3F9DC7C958C9
Diligent
Agreement Number:Q-1266140
IN WITNESS WHEREOF,the Parties hereto have executed the Agreement as of the Effective Date.
Village of Tequesta Diligent Corporation
("Client") ("Diligent")
By: By:
Name: Ij --- ans Name:
Job Title: Job Title: Chief Accounting Officer
Date: Date:
Page 60 of 209
Agenda Item #6.
PUBLIC RECORDS. |n accordance with Sec. Il9.O7O2, 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 tobe inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 1l9, Florida Statutes. ACONTRACTOR
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 attorneys fees and costs
pursuant to Sec. 129.0701, 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 ternn, 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 transfe� 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 AGREEMEv~T� PLEASE CONTACT THE VILLAGE CLERK� RECORDS
CUSTODIAN FOR THE V.LLAG E, AT (561) 768-04401? 0 R AT
ImcwiI1iams@tequesta.or& OR AT 345 TEQUESTA DRIVE' TEQ~ES_� FLORIDA
33469.
Pursuant to Article X11 of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement,, misconduct, and abuses.
Page 61 of209
Agenda Item #6.
"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 11 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 /b/d documents and specifications], from Contractor,,
including files, images, graphics., text, audio,video, and multimedia, shall be provided inaformat
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines ZO (Dec. ll, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at
Agenda Item #6.
V'111age
ofTequesta
345Tequeute Drive 561'768'0700
Tequesta, FL 33469 wvvvv-toqueutaorg
To: Jeremy Allen, Village Manager
From: Wayne Cameron, Building Director
Date' P�archl� 2024
. '
Subject: Agreement for [R8 consultant services
The following agenda item is an agreement with CRS Max Consultants to provide professional
consulting services related to the Village's Community Rating System rating under the National
Hood Insurance Program. CRS Max will assist the Village in its efforts to achieve a higher [RS
rating by improving the classification level to a 5 from its present rating of 6. This enhancement
would give our residents 25% insurance discounts. The total cost of services is not to exceed
$6,500.00 within a year, to be paid on a quarterly basis in the amount of$1,625.00.
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office atS61'7G8'O44Oorby completing our accessibility form:
Page 63Of 209
Agenda Item #6.
VILLAGE OF TEQUE TA
AGREEMENT FOR CRS CONSULTANT SERVICES
THIS AGREEMENT FOR CRS CONSULTANT SERVICES is entered into and
effective this day of March, 2024 (the "Effective Date''), by and between the V I L L A G F
OF T E U E T A, a Florida municipal corporation with offices located at 345 Teguesta Drive,
Tequesta, Florida 33469-0273,organized and existing in accordance with the laws of the State of
Florida, hereinafter the"Village", and CRS MAX CONSULTANTS,INC., a Florida Corporation
with offices located at 3331 N.W. 71,11 Street, Coconut Creek, FL 33073,, hereinafter the
#`Contraetoe?and collectively with the Village, the'Parties'".
WIT'NESSETII
The Village and the Contractor, 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. SCOPE.OF SEVI The parties hereby agree to enter into this Agreement:
whereby the Contractor shall provide professional consulting services related to the Village's CRS
rating; under the National Flood Insumn.cc Program in order to maximize potential reductions in
00
flood insurance premiums for Village property owners. The Parties agree to enter into this
Agreement pursuant to the Contractor's February 9,2024 proposal ("'Proposal"'),which is hereby
fully incorporated into this Agreement and attached hereto as Exhibit"'A".
2. oHEN AT10N,* In consideration for the above Scope of Services, pricing
shall be pursuant to the fee schedule included in Exhibit"A'",In consideration for the above Scope
of Services, and pursuant to Exhibit "A"'i the Village shall pay the Contractor a total amount not
to exceed Six Thousand., Five Hundred Dollars ($6,500.00) on a quarterly basis in the aunount of
One Thousand, Six Hundred Twenty Five Dollars($1,625.00).
3. TERM, TERMINATION NOTICE: This Agreement shall be for a term of 12
months and shall commence upon the Parties' full execution of this Agreement. Either party may
terminate this Agreement for convenience upon seven (7) days' written notice to the other party.
Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties
during regular business hours at the following addresses:
Page I of 6
Page 64 of 209
Agenda Item #6.
Village Contractor
Village of Tequesta CRS Max Consultants, Inc.
345 Tequesta Drive 3331 N.W. 711t Street
Tequesta, FLU 33469 Coconut Creel,FL 33073
Attn.. Building Official Attn: Cathy L.King,President
4* JNS The Contractor shall provide proof of workman-Is compensation
insurance and liability insurance in such amounts as deemed sufficient by the Village and shall
name the village as an"additional insured"'on the liability portion of the insurance policy.
5. pNI OMFICATIoN: The Contractor shall at all times indemnify, defend and
hold harmless the Village,its agents,servants,and employees,from and against any claim,demand
or cause of action of whatsoever kind or nature, arising out of errors omission, negligent act,
conduct,or misconduct of the Contractor,its agents, servants,or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the village to be sued, nor as a waiver of sovereign 'immunity beyond
the waiver provided in Section 768. 8,.lofida Statutes.
PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.13 -l33,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontt� dors and consultants who ill
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36)months immediately preceding
the date hereof.This notice is required by Section 287.13 (3)(a),Florida Statutes.
7. INDEPENDENT.CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village.Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee-employer or p n'nclpal -agent is or shall he created hereby,nor shall hereafter exist by
reason of the performance of the services herein provided.
8. INSPECTOR GENERAL: Pursuant to Article XJ1 of the palm Beach County
Charter, the Of of the Inspector General has ja un'sdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
reconunendations to municipal governing bodies based on such audits,reviews,or investigations.
All panes doing business with the village shall fully cooperate with the inspector general in the
Page 2 of 6
Page 65 of 209
Agenda Item #6.
exercise of the inspector general's functions, authority, and power. The inspector general has the
power to tale 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,n�isnianagecent,�condut
and abuses.
. ►TTORNEY'S FEES*, In the event a dispute arises concerning this.Agreement,
the prevailing party,shall be awarded attorney's fees, including fees on appeal.
10* IFORCE NiAJEURE; The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure ariscs out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include but are not limited to: acts of God; acts of war, natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weathcr
conditions.
1 X. CHOICE III LAW* EE* This Agreement shall be governed and construed
In accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with-regard to this Agreement.
Ito AMENDMENTS AND A I NAHNT � This Agreernent,all exhibits attached
hereto, and requircd insurance certificates constitute the entire Agreement between both Parties;
no modifications shall be made to this Agreement unless in writing,agreed to by both Parties,and
attached hereto as an addendum to this Agreement.The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
13, PUBLIC RECORD& In accordance with Section 119.0701,Floiida Statutes,the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the perf"onn ce of the work described in the proposal or Bid. Upon
request from the Village's custodian of public records, the Contractor must provide the 'pillage
with copies of rcquestedF 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'pillage,or fails to make them
available for inspection or copying,within a reasonable time may be subject to a,ttorncy's fees and
costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10,
Fllcfida Statutes, Further, the Contractor shall ensure that any exempt or confidential records
Page 3 of 6
Page 66 of 209
Agenda Item #6.
associated with this Agreement or associated with the provision of services contemplated herein
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 Agreemcnt, the 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 pubtic 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 THE CONTRACTOR HAS QUESTIONS REGARDING T
AP PLICAT I ON OF CHAPTER 119, FLORIDA STATUTES,, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILL AT (561) 768-0685.1 OR AT
Imcwilliam§(A-).,teguesta.ori!,., OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469,
14, E-VERIFY LI+ IMLIT The Contractor warrants and represents that it is
in compliance with Section 448.095, Florida Statutes,as may be amended. The Contractor shall:
(1) register with and use the E-Verify System (E-Verif .gov) to electronically verify the
employment - and(2)verify that a eligibility of all newly hired workersll of the Contractor's sub-
contractors performing the duties and obligations of this Contract 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 sub-contractors an affidavit stating that the sub-
contractor does not employ,contract with,or subcontract with an Unauthorized Alien,as that term
is defined in ;Sectlon 448.095(l)(k), Florida Statutes, as may be amended, The Contractor shall
maintain a copy of any such affidavit from a sub-contractor for at a n4 the duration of the
I MI IMUMI
subcontract and any extension thereof. This provision shall not supersede any provision of this
Page 4 of 6
Page 67 of 209
Agenda Item #6.
Contract which requires a longer retention period. The Village shall terminate this Contract in
accordance with Section 5. above if it has a good faith belief that the Contractor has knowingly
violated Section 8.09(1), Florida Statutes,, as may be amende& If the Contractor has a good
with bcl of that the Contractor's sub-contractor has knowingly violated Section 8,09(l),Florida
Statutes, as may be amended,the Village shall notify the Contractor to terminate its contract with
the sub-contractor and the Contractor shah immediately terminate its contract with the sub-
contractor. 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.
15� SCRUTINIZED COMEADULE& For Contracts under S l M, the Contractor
inwwt rirrrrrrrrrrrr
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
eetion 215.4725,Florida Statutes, and that it is not engaged in a boycott of Israel. The Village
May terminate this Contract at the Village's option in accordance with Section 5. above if the
Contractor is found to have submitted a false.certification as provided under Section 87.13 5(5),
Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott
Israel List created pursuant to Sccdon 215.4725,Florida Statutes, or if the Contractor is cagaged
in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the
Scrutinized ornpanies with Activities in Sudan List,the Scrutinized Companies with Activities
in the Iran petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is
not engaged in a boycott of Israel, and that it dues not have business operations in Cuba or Syna,
as similaxl r provided in section ' .13- orida Statutes. The 'pillage may ternnate this
ontraet at the "Village's option in accordance with Section 5. above 'if the Contractor is found to
have submitted a.false certification as provided under Section 287.t 35(5), Florida Statutay, or if
the Contractor has been placed on one of the aforementioned lists created pursuant to Section
15.4725,Florida Statutes. Additionally, the Village may terminate this.Contract at the Village's
option in accordance with. Section 5. above if'the Contractor is engaged in a boycott of Israel or
has been engaged in business operations in Cuba or 8yn'a,as defined in Section 287.13 ,Floridan
Stale i.es f
16* HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
Page 5 of 6
Page 68 of 209
Agenda Item #6.
17. SEVER ABILITY: The invalidity or unenforceability of any provision of this
Agreement sball not affect the validity or enforceability or any other provision of this
Agrccmcnt and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
18, 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 Contractor of the same, or any other provision or the enforcement hereof The Village's
con-sent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor 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.
190 ENTIRE AGREEMENT: This five (5) page Agreement constitutes the entire
agreement between the parties- no modification shall be made to this Agreement unless such
modification is in writing, agreed to by both parties and attached hereto as an addendum to this
Agreement.
IN WITNESS WHEREOF, the parties here-to have executed this Agreement on the
date and year first above written.
WITNESSES: CRS MAX CONSULTANTS, INC.
�.
t4
4g
By: Cathy L, ing,ties fc I fent
r
(Corporate Seal)
VILLAGE OF TEQUESTA
.0
ATTEST: `Oil/ rem y Allen I ge Manager
D F
. ..............
0
Lori McWilliams,MMC S E A
Villag INCORPORATED
e Clerk
,0
�vE 4 A
Page 6 of 6
Page 69 of 209
EXHIBIT"
CONSULTANTS, INC, 77te experts in GAS We r`"Tru yrmant
VILLAGE of TE UESTA
A REED ENT FOR FY 24-2025
R.s CONTINUING CONSULTANT SERVICES
1. BACKGROUND
Village of T quests (Village) has requested that CRS Max Consultants, Inc. (Consultant)
submit a proposal for CRS onti n u ing Consultant Services, enabling the Village to
receive CRS assistance on a continuous basis for twelve months beginning with contract
execution. The scope of this proposal is developed to respond to this request.
The National Flood Insurance Program's (NFIP) Community Rating System (C.RS)
rewards communities that exceed the minimum NFIP requirements to help their citizens
prevent or reduce food losses. Under the NFIP/CRS Program,flood insurance premiums
in participating Comm u nitres can pots ntila lly be reduced by up to %. As the result of the
Village's Verification Visit in 2014, the Village earned a Class 7. CRS Max Consultants
was pleased to be instrumental in this improvement frorn a Mass 8;
it. SCOPE OF RVI 0
Rs CONTINUING CONSULTANT SERVICES
The following services shall be 'included in CRS Continuing Consuffing Services,,,
* Regrew current CRS program
* Assist staff with oversight of all activities pertaining to the'pillage's CRS
program
Assist with production and coll.action of all documentation for annual CR
Recertification
to
Assist with Flo plain Management Pram annual progress report
Provide onigo-ng regrew of Construction Certificates as maybe requested
Answer questions and provide g ulda noe pertaining to CRS matters
■ Provide oc ntl nUi ng assistance with all matters pertaining to GRS
Interface with ISO/CRS Specialist as required
3 3 3 1 N.W. "`l st street 0 Coconut Creek, Florida 330073 R 954A21 '794 9 crsen4xino og bet lsouth.nri.
Page 70 of 209
Agenda Item #6.
1114 jE...RM.,_0F aERVI
The term of this Agreement Will be for twelve months be In n In with
of this contract}
i � g the final execution
l 0MLEI. ,ATION
The total cost for twelve (12) months of services 011 be$6,500. Payment for the services
rendered will be made on a-quarterly basis: $1.625 per quarter.
CRS MAX CONSULTANTS, INC.
{
Cathy 6h(ing.,'*eslvt
oate•f
2
Page 71 of 209
Agenda Item #6.
PUBLIC RECORDS. |n accordance with Sec. Il9.O7Ol, Florida Itotutes 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 ll9, Florida Statutes. A[ONTRA[TOR
who fails to provide the public records to the Village, or falls to make them available for
inspection or copying, within a reasonable time may be subject to a1torne«'s fees and costs
pursuant to Sec. 119.0701, Florida Statutes,, and other penalties under Sec. 119.10\ Florida
Statutes. Furtherl 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 |avv 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 Villages information
technology systems.
.F CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
1191 FLORIDA STATUTES., TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT,� PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VI LLAG E, AT (561) 768~0440L 0 R AT
lmcwilliams@teq_uesta.org, OR AT 345 TEQUESTA DRIVE, _EQ,VESTA, FLORIDA
33469.
Pursuant to Article X|< 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 72 of 209
Agenda Item #6.
"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 CWX"), Web Accessibility Initiative CWAI"), available at
www.w3-.-orgZT-RZWCAG/."
Page 73 of 209