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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_4/11/2024 Agenda Item #8. Regular Council STAFF MEMO Meeting: Regular Council - Apr 11 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. Furniture Leisure, trash receptacle, $906.67 B. Orkin Termite Pest Control, $3,900.00 C. The Gehring Group, employee benefits consulting and advisory services, $0.00 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. Furniture Leisure, trash receptacle, $906.67 B. Orkin Termite Pest Control, $3,900.00 C. The Gehring Group, employee benefits consulting and advisory services, $0.00 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 ATTACHMENTS: " Fiscal Year 2024 Furniture Leisure Concrete Trash Receptacle Purchase Fiscal Year 2024 Orkin Termite Pest Control Village Hall Gehring Group - Agent of Record Contract Extension Page 233 of 2231 Agenda Item #8. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Furniture Leisure Concrete Trash Receptacle Purchase Date: March 18, 2024 The following consent agenda item is a vendor-required purchase for a 53-gallon concrete trash receptacle. The trash receptacle will be installed at the corner of Tequesta Drive and Willow Road close to the bicycle rack. Funding for this purchase is available and budgeted in account 001-210-536.305 General Maintenance. 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 234 of 2231 Agenda Item #8. Furniture Leisure Phone# (800) 213-2401 Quote Commercial Site Furnishings Fax# (386)437-6652 Date Quote# 2729 E. Moody Blvd. #203 2i8i2024 31277 Bunnell, F132110 Bill To Ship To Village of Tequesta Village of Tequesta Accts.Payable Janet McCorkle(561)768-0482 345 Tequesta Dr. 136 Bridge Rd. Tequesta,FL 33469 Tequesta,FL 33469 P.O. Number Rep Terms DA 50%deposit/Net Item Description QTY Cost Total TF1030 53 Gallon Square Concrete Trash Receptacle with Plastic Push-Door Top, 1 483.63 483.63 25"Diameter,615 lbs.LINER NOT INCLUDED Receptacle Color:.....W22 SAND-ACID WASH Lid Color: ....................BLACK LIST$644.95 LEAD TIME:6-8 weeks ***OPEN MARKET*** GSA#:GS-03F-0167V TF 1640 44 Gallon Square BLACK Rigid Plastic Liner with Handles, 19.25"Diameter ti.04 58.04 x 29"Height, 11 lbs. ***OPEN MARKET*** Credit Card payments are subject to a 4%fee of the Total amount charged.All first time orders and orders up to$24,999.99 require a 50%deposit,all orders$25,000.00 and above require a 75%deposit.The Balance is due once the order ships.Due Subtotal to Credit Card Processing guidelines,all Credit Card purchases will be processed for the full amount within 7 days of purchase.Orders will not be processed until the credit is approved by Furniture Leisure,hic.All Custom Orders(made to the customer's specifications)require payment in advance and are non-cancelable and non-returnable. A 25%restocking fee plus all shipping costs are required to return stock merchandise.Customer is responsible for organizing and payment of return Sales Tax (0.0%) freight.Returns must receive a"Return Authorization"from Furniture Leisure,Inc.prior to shipping.All Returns must be received in the original cartons and in new condition. The manufacturer of merchandise purchased from Furniture Leisure,Inc.warrants all products. Written warranties are Total available upon request. Furniture Leisure,hic.assumes no responsibility to extend,alter,or modify any product warranty. Furniture Leisure,Inc.will be held harmless against all claims of liability resulting from receiving,installation and use of these products.All shipments are scheduled ASAP"As soon as Possible".All efforts will be made to expedite.However the purchaser acknowledges no arrival dates are guaranteed.Customer agrees to pay reasonable collection costs allowed by law and/or attorneys fees incurred in connection with the collection of this transaction. The venue for any litigation with Furniture Leisure,Inc.will be Fla ler County,Florida. Receiving,Offloading,Assembly,Placement of Furniture,Installation,and Removal of Packing Materials of the merchandise is solely the customer's responsibility and is not included in the above price. Signature Title Date alex@furnitureleisure.com Pagel 1 www.furnitureleisure.com Page 235 of 2231 Agenda Item #8. Furniture Leisure Phone# (800) 213-2401 Quote Commercial Site Furnishings Fax# (386)437-6652 Date Quote# 2729 E. Moody Blvd. #203 2i8i2024 31277 Bunnell, F132110 Bill To Ship To Village of Tequesta Village of Tequesta Accts.Payable Janet McCorkle(561)768-0482 345 Tequesta Dr. 136 Bridge Rd. Tequesta,FL 33469 Tequesta,FL 33469 P.O. Number Rep Terms DA 50%deposit/Net Item Description QTY Cost Total S&H Shipping and Handling. 1 365.00 365.00 Commercial Delivery Curbside - Delivery does not include offloading freight.Lift Gate and 24 hr Call Ahead are requested for all applicable orders but are not guaranteed. - The delivery address must have ample room for a 53'semi truck to enter and turn around or exit the property without incident or obstacle.Notify your Sales Rep if a smaller truck is required. - Certain products will ship unassembled.Delivery does not include assembly,installation,placement of furniture,or removal of packing materials. **LIFT GATE SERVICE&CALL AHEAD REQUESTED **DELIVERY CONTACT:Janet McCorkle(561)768-0482 Credit Card payments are subject to a 4%fee of the Total amount charged.All first time orders and orders up to$24,999.99 require a 50%deposit,all orders$25,000.00 and above require a 75%deposit.The Balance is due once the order ships.Due Subtotal to Credit Card Processing guidelines,all Credit Card purchases will be processed for the full amount within 7 days of purchase.Orders will not be processed until the credit is approved by Furniture Leisure,hic.All Custom Orders(made to the customer's specifications)require payment in advance and are non-cancelable and non-returnable. A 25%restocking fee plus all shipping costs are required to return stock merchandise.Customer is responsible for organizing and payment of return Sales Tax (0.0%) freight.Returns must receive a"Return Authorization"from Furniture Leisure,Inc.prior to shipping.All Returns must be received in the original cartons and in new condition. The manufacturer of merchandise purchased from Furniture Leisure,Inc.warrants all products. Written warranties are Total available upon request. Furniture Leisure,hic.assumes no responsibility to extend,alter,or modify any product warranty. Furniture Leisure,Inc.will be held harmless against all claims of liability resulting from receiving,installation and use of these products.All shipments are scheduled ASAP"As soon as Possible".All efforts will be made to expedite.However the purchaser acknowledges no arrival dates are guaranteed.Customer agrees to pay reasonable collection costs allowed by law and/or attorneys fees incurred in connection with the collection of this transaction. The venue for any litigation with Furniture Leisure,Inc.will be Fla ler County,Florida. Receiving,Offloading,Assembly,Placement of Furniture,Installation,and Removal of Packing Materials of the merchandise is solely the customer's responsibility and is not included in the above price. Signature Title Date alex@furnitureleisure.com Page 2 1 www.furnitureleisure.com Page 236 of 2231 Agenda Item #8. Furniture Leisure Phone# (800) 213-2401 Quote Commercial Site Furnishings Fax# (386)437-6652 Date Quote# 2729 E. Moody Blvd. #203 2/8/2024 31277 Bunnell, F132110 Bill To Ship To Village of Tequesta Village of Tequesta Accts.Payable Janet McCorkle(561)768-0482 345 Tequesta Dr. 136 Bridge Rd. Tequesta,FL 33469 Tequesta,FL 33469 P.O. Number Rep Terms DA 50%deposit/Net Item Description QTY Cost Total Inspection by Customer **Customer MUST INSPECT all products in the Driver's presence during the 0 0.00 0.00 Time of Delivery. *Take pictures of the packaging as it arrives. *Accept the delivery even if damaged.Note any observed damages of the packaging or products on the Bill of Lading before signing.If B.O.L is electronic,request an Exception Number from the driver. *If the driver cannot wait for inspection&there are damages to the packaging,note"Subject to Inspection"on the B.O.L.or request the Exception Number before they leave. **CONTACT Your Sales Rep WITHIN 48 HOURS of DELIVERY with pictures,the number of products affected,any missing pieces,and/or damage details for further assistance on Freight Claims and resolutions. ---PLEASE NOTE:FREIGHT DAMAGE&MISSING PARTS Discovered After The Carrier Has Left Will Be The Responsibility of the Receiving Party.--- Credit Card Usage Fee 4%Credit Card Fee of Total Cost.($37.84) 1 0.00 0.00 —>>>.04%FEE WILL NOT APPLY TO PAYMENTS MADE BY CHECK, ECHECK&ACH TRANSACTIONS-PLEASE ADVISE IF PAYMENT WILL BE MADE OTHER THAN CREDIT/DEBIT CARD<<<-- Credit Card payments are subject to a 4%fee of the Total amount charged.All first time orders and orders up to$24,999.99 require a 50%deposit,all orders$25,000.00 and above require a 75%deposit.The Balance is due once the order ships.Due Subtotal to Credit Card Processing guidelines,all Credit Card purchases will be processed for the full amount within 7 days of purchase.Orders will not be processed until the credit is approved by Furniture Leisure,hic.All Custom Orders(made to the customer's specifications)require payment in advance and are non-cancelable and non-returnable. A 25%restocking fee plus all shipping costs are required to return stock merchandise.Customer is responsible for organizing and payment of return Sales Tax (0.0%) freight.Returns must receive a"Return Authorization"from Furniture Leisure,Inc.prior to shipping.All Returns must be received in the original cartons and in new condition. The manufacturer of merchandise purchased from Furniture Leisure,Inc.warrants all products. Written warranties are Total available upon request. Furniture Leisure,hic.assumes no responsibility to extend,alter,or modify any product warranty. Furniture Leisure,Inc.will be held harmless against all claims of liability resulting from receiving,installation and use of these products.All shipments are scheduled ASAP"As soon as Possible".All efforts will be made to expedite.However the purchaser acknowledges no arrival dates are guaranteed.Customer agrees to pay reasonable collection costs allowed by law and/or attorneys fees incurred in connection with the collection of this transaction. The venue for any litigation with Furniture Leisure,Inc.will be Fla ler County,Florida. Receiving,Offloading,Assembly,Placement of Furniture,Installation,and Removal of Packing Materials of the merchandise is solely the customer's responsibility and is not included in the above price. Signature Title Date alex@furnitureleisure.com Page 3 1 www.furnitureleisure.com Page 237 of 2231 Agenda Item #8. Furniture Leisure Phone# (800) 213-2401 Quote a Commercial Site Furnishings Fax# (386)437-6652 Date Quote# 2729 E. Moody Blvd. #203 2/8/2024 31277 Bunnell, F132110 Bill To Ship To Village of Tequesta Village of Tequesta Accts.Payable Janet McCorkle(561)768-0482 345 Tequesta Dr. 136 Bridge Rd. Tequesta,FL 33469 Tequesta,FL 33469 P.O.Number Rep Terms DA 50%deposit/Net Item Description QTY Cost Total Total sales tax calculated by AvaTax 0.00 0.00 Credit Card payments are subject to a 4%fee of the Total amount charged.All first time orders and orders up to S24,999.99 require a 50%deposit,all orders S25,000.00 and above require;a 75%deposit.The Balance is due once the order ships.Due Subtotal $906.67 to Credit Card Processing guidelines,all Credit Card purchases will be processed for the full amount within 7 days of purchase.Orders will not be processed until the credit is approved by Furniture Leisure,Inc.All Custom Orders(made to the customer's specifications)require payment in advance and are non-cancelable and non-retumablc. A 25%restocking fee plus all shipping costs are required to return stock merchandise.Customer is responsible for organizing and payment of return Sales Tax (0.0%)$0.00 freight.Returns must receive a"Return Authorization-from Furniture Leisure,Inc.prior to shipping.All Returns must be received in the original cartons and in new condition. The manufacturer of merchandise purchased from Furniture Leisure,Inc.warrants all products. Written warranties are Total S906.67 available upon request. Furniture Leisure,Inc.assumes no responsibility to extend,alter,or modify any product warranty. Furniture Leisure,Inc.will be held harmless against all claims of liability resulting from receiving,installation and use of these products.All shipments are scheduled ASAP"As soon as Possible".All efforts will be made to expedite.However the purchaser acknowledges no arrival dates arc guaranteed.Customer agrees to pay reasonable collection costs allowed by law and/or attorneys fees incurred in connection with the collection of this transaction. The venue for any litigation with Furniture Leisure,Inc.will be Fla ler County.Florida. Receiving,Offloading,Assembly,Placement of Furniture,Installation,and Removal of Packing Materials of the merchandise is solely the customer's responsibility and is not included in the above price. Signature Jeremy Allen N., "4D2IS"'""'""0""" Title Date N., e_+o:i 5 i;�w-._��a�ar alex@furnitureleisure.com Page 4 1 www.furnitureleisure.com Page 238 of 2231 Agenda Item #8. 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 239 of 2231 Agenda Item #8. "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 240 of 2231 Agenda Item #8. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Orkin Termite Pest Control Agreement Date: March 18, 2024 The Following consent agenda item is vendor required agreement for pest control at Village Hall. This agreement is specific to treating Village Hall for Termites. The cost for this service is $3,900.00. Funding is budgeted and available in account 001-210-546.303, Building repair and maintenance. 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 241 of 2231 Agenda Item #8. CUSTOMER WAIVER SHEET Customer Name Village Of Tequesta Village Hall Property Address 345 Tequesta Dr City Tequesta State Florida Zip Code 33469 Check only the condition(s)/situation(s)which apply: 0 Structures with common foundation walls: Since my structure has one or more common foundation walls,that is,foundation walls which are common to and support not only this structure but one or more adjoining structures,Orkin has advised and I understand and acknowledge that due to the dual ownership of the common wall(s),Orkin cannot treat both sides of the common wall(s),and this will limit the effectiveness of Orkin's termite treatment. p Structures with raised wood floors and/or wood floors on slab: I understand and acknowledge that as a part of my initial termite treatment,requested by me and possible subsequent termite re-treatments,as part of Orkin's termite service,Orkin may need to access the concrete sub floor/slab under the present wood floor. I understand that it is my responsibility to make this area accessible for inspection,treatment,re-inspection,and possible re-treatment. 0 Floor coverings: I authorize Orkin to remove or cut tile,carpet,or wood on my slab as necessary for treatment.I release Orkin from any liability for damage to file or carpet as a result of cutting or removing floor covering. Structures where a bath trap access is not installed: I understand that Orkin recommends a bath trap access to be installed as part of my termite treatment and due to construction practices a bath trap access will not be installed. I understand that Orkin will complete an alternate treatment method in this area,and if an infestation occurs in this area,it is my responsibility to prc aide permanent access to the bath trap for direct treatment of the area. p Ventilation: Customer has been notified heating and air system must be turned off during treatment application, if applicable. Access for Treatment Release(Including Spray Foam Insulation): I understand and acknowledge that part of the treatment Orkin is to provide at my structure may require the exposing of areas in and around the structure, to include,but not limited to,removing sections of sheetrock,siding,ceilings,wall covering,and insulation(to include spray foam insulation).I,hereby, release Orkin from any liability for damage to areas requiring exposure, and I understand it is my responsibility to correct or repair these areas after treatment has been completed. Orkin has advised and I understand that if access to these areas is not provided it will limit the effectiveness of Orkin's termite treatment. Dated this I Sth day of February ,2024 Orldn Customer Acknowledgement By Village Of Tequesta Village Hall Inspector Customer Name(pFuNT) Branch Manager Signature TT ature PART 1 —BRANCH COPY CUSTOMER COPY CL1002 REV.2=19 Walvor Customer Email: dchambers@tequesta.org Page 242 of 2231 Agenda Ito ItenlAL JPROVMS AGREEMENT PROVIDES FOR RE7REATMENT OF A STRUCTURE BUT DOES NOT IDE FOR THE REPAIR OF DAMAGES CAUSED BY WOOD DESTROYING ORGANISMS. 1 ' COMMERCIAL DRYWOOD TERMITE RETREAT AGREEMENT (Does Not Cover Native Subterranean or Formosan Termites) Comprehensive/Conventional Treatment(DC) 1. ORKIN UM1TED RENEWABLE DRYWOOD TERMITE RETREAT SERVICE(•Service") A. Orkin shall treal Customers structure tot Drywood termites using the treatment specified M the Treatment Report for: ❑prevention ❑presumptive evidence Cl control ofQryyyppdTermites This treatment does not include fumigation.Orkin does not guarantee that termites will never return to the treated structure('Treated Premises'.U termites do return as indicated by evidence of a five Drywood tem lea Infestation,Orkin will retreat that area.This Service does not provide far the repair of any damage to the structure or Its contents caused by Drywood termites. B. This service shall expire one(1)year front the date of Initial treatment however H may be.renewed annually by Payment of the ronewal fee as set forth in Paragraph 3_Following the first year of service.either party may terminate the Service at t(re end of a service year t giwine Owrttten notice at or before the end of a service year. C. Customer Is required to make the Treated Premises accessible to Orlin for any kispedions and treatments as idn deems n. .This may include removing floor verngs,wall coverings and fxt ures.for which the responsrbTdy and costs rest exclusively with the Customer.it the Customer f comply with Item obligaaBons,Odin may.at Its option,terminate the agieeinent D. The Customer agrees to be solely responsible for malnttaining the Treated Promises free from any conditions conducive to tormhs Infestation((`Conditions Conducive:see paragraph 9 for explanation).If arty Condition Conducive exist but Is net visible 21 the time of the execution of this Agreement.then Orkin shall rat be responsibia for treating or retreat rg areas of thePremises where terniito activity restdled from such CoridWon Corxhi dve.The Customer agrees to be solely responsible for idenfdyirg and conrectrig Conditions Conducive,This responsibaby rests exclusively whh the Qrsecam,net w iM Odor.The existence of any Condison Coeduuve shall re@eve Orkin of resparrsrtxlity for treating or retreating areas of the Premises where tamr3o actinty resulted from the Condtion Conducive.In addition,the existance of a Condi&on Conducive that was not 6. corrected will permit Orkin.at�site disaetan,to terminate the Agreement or to require Customer to purchase any additional treatment required. E. Prior to mating any struchxai modifiralon or allemt(at(to Include Installation of shay Loam In or dahaburg the soi in.adjacent to or under the Treated Premises. Customer moist no*Orkin In writing L ng arase any additional beabnant tagratea by ffie drartges.The facture of Orkin to notice any such change does not release Customer tram dls obligation.U CtW4m fads to do so.OrUn wit rat b a respormble for damages occuni g after the modification,alteration or disturbance.and,at its optiom Orkin may F. Orkin s Is performi Lservice and expressly disclaims any guarantee of kind,wharhar expressed or Implied,for any Injury or damage related to the service ppee Customer expressly ralcasea Orkin from anyy eciatm for burn or repair. 2. OTM INFESTATIONS:Customer waives and releases Odin hem arty 0abillyfwsny or dusagos to die strut ns or its contents caused by an I ftfestation of Wood Destmytng FFungf.Fasmasan Termites,Native Subterranean Termites.Wuodfioiitg Beatles or a other Wood Destroying tnseds.- 3. RENEWAL: To tnaklatn the Service.Customer shall timely pay an annual renewal fob.The annual renewal will be$469.00 Thereafter,Orkin shag have the right to ksaeaso the annual renewal tee by an amount not to emceed the consumer price taiex a bay an amount net to exceed Sporcan ,whfdrovar Is greater.U Orkin does not Increase the Annual Renewal Payment In anyone or more years,at any subsoquent Increase Orlin may cumulathelyInclude any amount It would have been pemdtled to Increase In that for yyeeaarr or period of years. 4. REINSPEc;oh:Orkin shall reinspect the treated structure as deemed necessary by Orkin or axe a ysa if rested by Customer.An annual Inspection will be made by Odin if required by aappppgcabte State law or cegtdadom Any reinspectton is separate from and Ida of tgrrter's obligation to pay the annual renews! 5. MEDIAT[ON/ARBITRATK)N:Any.controversyorclalm arising out ofofhalaWrgfothisagt 4ex oq��f perforeepb Orkin under this a<�ir ement or army other agreernen;regardless of whether the can6ovarsy ar claim erase beloro ardie but not limited to arty tort and sUftriery claims,and any claims for person&Farb fwdity tftrdd ar damage to real or personal properly,shall be settled by binding arbiballon.Unless the parties agree otherwise,the arbitration stna(I be admtnisterod Wumdet the rules of tho American Arbitration Association('AAA")and shag be conducted by AAA If administered under the AAA rules,a claim shall be determined under the AAA supplementary procedures for consumer rw 4 related disputes In cases where such procedures are applicable.Any other controversy or clabn shall be determined under the AAA eemmerciai arbitration rules The customermW Orkin agree that the arbitrator strap foilow the subst milve law,Indo nq the terms and conditions ofthfs agreement The arbitrators powers toconductaranryy arbitration pprroocceed ngundertldsagreementshagbe&nitedasAWdwsvarmyarbitradanproceedingunderthisamgreement will not beconsolldatbdorJ�redwithany action orJaga2 proceeding under artyother agreement orhrvMaing any other,ramisas and wX not proceed asa class action.prinrateaKwneygenera/aWanwshrrllarrepresentadveac0ion Btltarparryhas therighttotegrdreapanelof three f3JerblOefais but In absence of Me parties'egreemen4 the requeaffng(arty shag be respaufWo forfha cost of We additions arbitrators.Elthar party may requestatany tlmo prior to the hemiing that the sward be occo mparriod by i reasoned o�hrJon The anrard rendered by tfre.arhf0dfinsi)shag lea!tan and Wl=rrg on all parties, eaceapt duals party may within 30 dayyss of the orfgin award requesfetr arbttraf appeal to an apical t RKmal,eomsdtuted In rho same numberand by tine same process as the! teal s).The appoaltng party shall be for clue fillttg fee and ogrerarbltradon fees and costs subject to award dy time appeal trrBrma/undergggnlh:b law..The appeal trr2una)she[►�quostlotrs oflatiarrd faetrmdera deatfy orronaous standard Theawmd of the appeal tribunal shalt bah al arsd binding judgment maybe enter sit an rho atraM In any tourthaving jmisd adon thereof.Customer and Orkin acknowledgo surd agree chat[his arbltratlon provision is made pursuant io a transaction lnwfvlrr9 betarsiato commerce and shall be governed by the toderviarbitration anti Bolas bavingg saeourse to atbTGaAoi customer and Orkin each agrees to bbyyfn good htttr ro settle any controversy or claim by at least four(i)hours of mediation adminlstared under theAAA eemmerctal madlatlon rules with Orklrr agreeing to pay the casts of the mediation.The AAA may be contacted at the toll tee number 800.T/ZL7879,or Nrough the to9owfng webstt¢htfplAvwnv air ag. 6. I.IMCfAT[ON OF l.lAB[I.ITY:Custorner azprassly wakes any data rot ecoratr✓c,mhrpdtsaony,or uerstlaf aay''sfi ma ss damage d to the a presence a termites or r terItemit damage, Intiitdmg without tintda9on clBltn far hnaeased rarsit,Inss at use,twsirtass icdarrrtp3orn,dotlydtdarh of vakra w any damage due to eta presence of tamales or tomtits damages.The Customer edges that Orlin Is perfomeing a service and except far any damage to to structure caused by Orkin In Iha pedaenange lot its swAcm Cusion w w stuns a ry dam for clan ages,Ixtud&ig property damage.Caste—agrees teat order no Warmesknoas shall Orkin to field Qabta for any amount ter heart the aoount paid by the QskxTw to Orkin for fire termite service to be provided.Nothing to this Agreement shag be construed as depriving the customer of�avat to under applicable staeo eonstanerpr on taws. 7. LIMITED ASSiGNABBI IN:This Agreement Is"assigruabla to tie new owner of the property tender the tandtionm(a)the new owner the Orkut branch offim written notice mgmstkv that the t be b)Orkin cormfuc s,at Its dlsaeSM an inspeiah oFthe property,the results of must be satisfactory to Odmr(c) Orkin com aids inwi�p to de of the A.graemerrt and(d)the new owrw pap any adstanam renewal fees. S. CIi90CAL DtPORMATION W ING:Ctrstomar shall re5ty all persons an the P that Orkin will be applylg pesticides In and crowd the premises,and dhatrtmuady all pesSddes have some odorv"ch may be present for a short time after application.9 Customer lams or any person on the prandses who begava Der have a,sensitivity to p-Soides or who has a medical condition affected by pesffddc%then Customer shall so rotity Orkin in vInformation.At Qrstamces request,Orion wiz Provide Information about she dnenrdcais to be used in trgatfrrg the remises. 9. CONDITIONS CONDUCIVE Conditions Conducive include,but are not fended to:root leaks,im;apr ventilation,faulty piuri b1%and water Msks or intms;0M in or around the structure:inherent seuctaw Probiema i dLxfingg,but net limited W.wood to contact,masonry faitres.spray foam Insulation,and settlement of the rwurdation:other to= bnsedasm show consirucaan,expanded patysiynara orslyrofoam needed ground n systems.sift(bidudi g vary!.wood and metal)In contact with the ground mutdti or other 10.�ground cov,IV,and ftrswood,baasshh lumbar.wood,mukh,shrubs,vies.and other t Wound co�9 h contact%structure. AGREEME-IT: This Agreement and the attached Tieatrnent Report"be fire entla Agreement between Customer and Oddn.No other agreements.understandings or repre.sentatlo ts,weather wriften snarl,with respect to lure Agreement dad be bhm%V as"shag merged tie end superseded by this Agreement Cuutanerwamants and acknon rJgan that Customer has not railed on or been Induced by�other agrognoats,undersfandi gs or rupr8sentattons.whether wrI fliers or oral.In signing this Agreement.The teams of the Agreement stated herein may not be amended or offered unless a written charge is approved and signed by a Corporate Officer of Orkin.No.ctheremptoyeos or a�ffi of Orkin have authority to amend orattor any of this Agreement.Natty provision or person thereof,of this pq�pacrent is found to be Tousled or waritorceabto.ft seal!not affect the validity or bllitydany other part of the Agreement Provided.however,that as eo Va 5,NEDfA'ROMARSnPATION,frthe sentence pmdu6ng the arbandor from cordudlg an arbitration probeed[tx,)as a lass.represanlatiwh or pdva6e auanay genaai acUwn is rauM to be tnvaild or unenforceable ttieri the onttrety or 11.=mph 5 stag be deemed to be deleted from this Agreement L�MU LAW:This Agreement shad be�ov�rh�by and construed ceder the taws oldie State of Georgia,without regard to its conlicfs of laws vi�p�s 12.FORCE SWEURE.(Circumstances bayond Orkfn'a control):orklh's obagatlorse raxfer thin per stab be cancelled.B Orkin carrot perform hs reaporis<lsuates due to Acts of God.IsdudiirnafI.am sk:sms.tires,floods:pandemics,or beca of terailikide.haft or other�upspe5af a matertal datrge circumstances inducting but not drafted to arxs of war, inaccessibility of13.TERMINATION BY OI2KIH kin In date or federal law or may tirmina�frls AgreemerrL%*W t came if the obligations fader in this Agreement are rot met by Cuslarner.or in the event of a 14.I&ONE BACK GUARANTEE:OAK[Fitbn that UARA feria THAT IFaffects CUSTOMER IS NOT's obligations under t�CO�Y SATISFIED WITH ORKIN'S TREATMENT.ORKIN WILL REFUND CUSTONEirS INITIAL TREATMENT CHARGE AND ANY PREPAID RENEWAL FEES tF CUSTOMER CONTACTS ORKIN IN WRITING AT THE BRANCH ADDRESS BELOW WITHIN 30 DAYS AFTER CUSTOMER'S INITIAL TREATMENT.AND OFMN FARE To RESOLVE CUSTOMER'S PROBLEM WITHIN 30 DAYS AFTER RECEMNG IT.A REFUND BY ORKIN OF CUSTOMER'S INITIAL TREATMENT CHARGE AND ANY PREPAID RENEWAL FEES WELL RESULT IN CANCELLATION OF THIS AGREEMENT. CANCELLATION:BUSINESS OMAYAY CAN THE DATE REEOF i{iS NTA T ANY TIME PRIOR TO MIDNIGHT OF THE THIRD Village Of Teguesta Village Hall 02115/24 1.Servm Purchaset 3,900 00 Data.Imdist Treatment cost......................S 3;55 T questa Dr a b.NwsAdlawmcet,......................(s 0.00) Sant Ad*=(rmaWd Premises) n:Addideral Renewal for U Years........S 0.00 3.900.00 mr Teguesta Florlda 33469 Subtotal(xa.b+c).................................S State Zip o0ier teems: 0.00 (�561)945 t389 m ape{5611945-1389 a.sales Tom.............................5 0� Homo Ptcne work Pf r b.Oder Feet..............................S - Subartai(sum a.b)....................................S 0 c.,,ty Nmo Palm Beach Is Orba Zin Ow lay umol ■Yes o No 3.TOTAL Price(sum 1.2)..................................s 3.990.00 4.LESS:Doan Paynml....................................(S 0.00) Same 5 Riming 9armwe(3 minus 4)..............................S 3500.00 nfEng Hann(if ddcm d) UEntOO OF PAYMW: ❑FanANCED-Sae Separate Finance Agent Saint'Ad&=(ff&WWII) Cl CASH City Saw zip code a CliECI(A Twootsaucaooweeeeawd Commercial building ❑PAYUEW OPTION FORM WpoW gaance Must Be Fbwwad ar Due Upon Canplepw Jeff Polston 958625 1592 Donna Rd bunectar Name(Pam Employee to a or Cadiemaon 0 &andh Steel Address (561)385.6971 Wast fthmBeach ItrandhTdaptnm Numbm stm Z10 Code 02/15124 02115/24 rattle Managers Dave QWAW.S4,e— Dail AG3aaPO0(Wv5.ar)R.Jd. oFFlciico Customer Email:dchambers@teq u sta.Or �'age'243 of 2231 Agenda Item #8. Florida Department of Agriculture and Consumer Services Bureau of Inspection and Incident Division of Agricultural Environmental Services Response 3125 Conner Blvd,Suite N, Tallahassee,FL 32399-1650 CONSUMER NOTICE FORM biircomplaints@freshfromtlorida.com anAM H.PUTNAM Rule 5E-14.105,FAC. COMMISSIONER Telephone:(850)617 7996;Fax(850)617-7968 A pest control company must give you a written contract prior to any treatment of each wood-destroying organism. It is very important that you read and understand the contract you are signing. The pest control company is only obligated to follow the terms of the contract you have signed,regardless of other statements by the company or salesperson.(Note:Contracts far treatment for new construction can be issued to the builder and provided to you at closing). BASIC REQUIREMENTS FOR CONTRACTS ■ The contract must state the common name of the wood-destroying organism to be controlled by the company(e.g. subterranean termite,powder post beetle). If the contract is for termite control, the contract must clearly state whether Formosan termites are covered or not. ■ Some contracts do not include a treatment at the time the contract is issued, and that should be clearly stated. If a treatment is performed as part of the contract, the cost for the treatment must be stated. If the treatment is only for certain areas,the contract should clearly state that it is for"spot treatment"only. • The contract must state if it is a retreatment only or a retreatment and repair contract. If it is a retreatment and repair contract, carefully read the sections of the contract that state when repairs will or will not be covered by the contract. REQUIREMENTS FOR STATING WHEN TREATMENT OR REPAIR WILL NOT BE COVERED BY THE CONTRACT • Repair contracts will not cover repairs from termite damage under every condition. The contract must state when retreatment or repair will be done,and conditions under which the company can refuse to retreat or repair. ■ These conditions have to be stated and be under headings in the contract that are in bold print Companies typically refuse repair or retreatment if the condition of the house is such that moisture or leaks result in termite infestation,or where siding makes it hard to see termite infestation Examples of this are: •Cracks in concrete slabs •Leaks in the roof •Wood or wall siding in contact with ground •Water accumulating against side of house •Plumbing leaks The law does require that companies notify you if they see conditions which would void the repair promise and they have to give you a chance to correct the condition before voiding the contract or denying repair coverage. ■ Contracts may have a condition that does not cover Formosan termite damage until a specific time period has passed. This means that if damage occurs during this period the company will not pay for repair. • You have the right to compare contracts from other companies before signing a contract with a company. Choose the company that gives you the best contract options. • If you have any questions about the terms of the contract,or concerns about the compliance history of the company with regard to pest control laws or regulations,contact the Department of Agriculture and Consumer Services at phone number. 850-617-7996 or email:biircomplaints@freshfromfiorida.00m. I understand that I am entering into a contract with Orkin Pest Control (fill in company name)to provide wood-destroying organism(s)treatment,and I have read and understood the terms of the contract. Village Of Teguesta Village Hall Date:02115124 Print Name of Consumer Title: Signatu of Consumer Property Owner or authorized agent Jeff Polston Date:02115124 Print Name of Pest Con 77 enta' Company:Orkin Pest Control Signature of Pest Control Representative FDACS-13692 Rev.09/15 Customer Email: dchambers@tequesta.org Page 244 of 2231 Agenda Item #8. 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 245 of 2231 Agenda Item #8. "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 246 of 2231 Agenda Item #8. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org To: Jeremy Allen, Village Manager From: Merlene Reid, Director, HR & Risk Management Date: March 28, 2024 Subject: Gehring Group's contract Extension as the Village's Agent of Record The current Agent of Record agreement with the Gehring Group expired on March 11, 2024 and the HR department is recommending an additional 3-year extension of their agreement to March 31, 2027 at the standard market percentage broker rates. The Gehring Group was first selected in 2009 (Appendix 1), with subsequent 3-year extensions approved, based on the exceptional service provided. The Gehring Group uniquely maintains a sizeable client base of municipalities and agencies, with 100% of government clients on the Property & Casualty (P&C) side and approximately 95% on the Benefits side. This emphasis on government customers makes them more responsive to the Village's needs. Because of our small size, the Village also benefits greatly from the add-on services offered. Specifically, in addition to their main role of negotiating with our carriers, they have: 1. Provided regular training alongside their annual Public Sector Summit, covering numerous important topics at no cost to the Village. These courses have the added value of providing needed CEUs for the HR staff. 2. Helped the Village navigate major challenges, to include The Affordable Care Act and its ongoing updates, the pandemic, the Firefighter cancer coverage, and more recently, the numerous State Bills addressing WC and Cyber Security. 3. Provided outstanding assistance with the analysis of the Village's health insurance benefits and P&C, while continuing to lend personalized attention to employee claims disputes with our insurance carriers. Without the assistance of the Gehring Group and their 100+ knowledgeable and supportive employees, the Village's HR & Risk Management department with its 2.5 staff count, would find it a daunting task to provide and maintain the level of service expected of the department. A 3-year extension is highly recommended. Page 247 of 2231 Agenda Item #8. VILLAGE OF TEQUESTA BROKER OF RECORD AGREEMENT This Agreement entered into this day of March 2009, effective May 1, 2009, by and between The Gehring Group, Inc., a Florida corporation, with offices located at 11505 Fairchild Gardens Ave., Palm Beach Gardens, Florida 33410, hereinafter referred to as the "GEHRING GROUP" and the VILLAGE OF TEQUESTA, a municipal corporation, with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "VILLAGE." W ITNESSETH The VILLAGE and the GEHRING GROUP, 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 SERVICES: The VILLAGE and the GEHRING GROUP both hereby agree to enter into this Agreement whereby the GEHRING GROUP will provide the VILLAGE with consulting and advisory services relative to its employee benefits programs in accordance with the Scope of Services attached hereto as Exhibit"A". 2. INDEPENDENT CONTRACTOR: The GEHRING GROUP will perform required services on an independent contractor basis and shall be solely responsible for securing at its own expense, all necessary personnel, equipment and materials required to perform the services under this Agreement. Such personnel shall not be considered employees of or have any contractual relationship with the VILLAGE. The GEHRING GROUP shall be responsible for all of its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, Worker's Compensation, FICA, and Federal and State Unemployment taxes. The GEHRING GROUP is responsible for proper certification and licensure of all its officers and employees and for the provision of benefits, insurance, etc. for its officers and employees. All of the services required hereunder shall be performed by the GEHRING GROUP or under its supervision, and all personnel engaged in performing the services shall be fully qualified to perform such services and shall be licensed to perform such services if required, authorized or permitted under state or local law. The GEHRING GROUP agrees that it is fully responsible to the VILLAGE for the acts and/or omissions of subcontractors and of persons either directly or indirectly employed by the GEHRING GROUP. All of the GEHRING GROUP'S personnel (and all subcontractors) 1 Page 248 of 2231 Agenda Item #8. while on the VILLAGE'S property will comply with all the VILLAGE'S requirements governing conduct, safety and security. 3. COMMENCEMENT DATE; TERM; RENEWAL; TERMINATION: The GEHRING GROUP will begin providing the agreed upon services to the VILLAGE commencing May 1, 2009. This Agreement shall be for a term of three (3) years and may be renewed for additional one (1) year periods at the option of the VILLAGE. This Agreement may be terminated by either party by providing 60 days written notice to the other party. The 60 day notice requirement may be waived by mutual consent of the parties which shall be reduced to writing and executed as an addendum to this Agreement. 4. COMPENSATION: The GEHRING GROUP will be compensated for the consulting and advisory services it performs for the VILLAGE in accordance with the Scope of Services attached hereto as Exhibit A by payment of commissions received from the various carriers who contract with the VILLAGE to provide coverage for VILLAGE employees. If, upon the request of the VILLAGE, the GEHRING GROUP agrees to perform additional services for the VILLAGE which are not contemplated by the Scope of Services attached hereto as Exhibit A, the GEHRING GROUP will be compensated for such additional services in an amount and rate which is mutually agreeable to the parties. Any such agreement for additional compensation shall be reduced to writing and executed as an addendum to this Agreement. 5. COMPLIANCE WITH LAWS: The GEHRING GROUP hereby represents that it has complied and shall continue to comply with all applicable Federal and State statutes and local ordinances. Further, the GEHRING GROUP shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations required for the services provided hereinabove under Scope of Services to be performed pursuant to the terms of this Agreement from any federal, state, regional, county or VILLAGE agency. In addition, as provided in Sec. 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the GEHRING GROUP certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Sec. 287.133(3)(a), Florida Statutes. 6. INDEMNIFICATION: The GEHRING GROUP shall indemnify, defend, and save harmless the VILLAGE, its elected officials, agents, guests, invitees and employees, from 2 Page 249 of 2231 Agenda Item #8. all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the VILLAGE, its agents, guests, invitees, or employees may be subjected by reason of personal injury, bodily injury including death, or property damage, resulting from or growing out of any intentional, negligent, reckless, or careless act of commission, omission, or consequential damage directly or indirectly connected with the GEHRING GROUP, its subcontractors, its agents, or employees, and committed in connection with the performance of the work and services contemplated by this Agreement. 7. JURISDICTIONNENUE: This Agreement shall be governed by the laws of the State of Florida. Venue for the redress of any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 8. ATTORNEYS FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded reasonable attorneys' fees, including fees on appeal. 9. NOTICE: Notice as may be required in this Agreement shall be sufficient when sent by certified mail or hand delivered to the Parties at the following addresses: VILLAGE GEHRING GROUP Village of Tequesta The Gehring Group, Inc. 345 Tequesta Drive 11505 Fairchild Gardens Ave. Tequesta, Florida 33469 Palm Beach Gardens, Florida 33410 ATTN: Michael Couzzo ATTN: Kurt Gehring 10. NON ASSIGNMENT: The CONTRACTOR shall not transfer or assign its duties, obligations or rights as contained in the Agreement without prior written consent of the VILLAGE. 11. ENTIRE AGREEMENT: This four (4) page Agreement, plus Exhibit A attached hereto 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 hereto have executed this Agreement the date and year first above written. 3 Page 250 of 2231 Agenda Item #8. WITNESSES: THE GEHRING GROUP, INC. Kurt Gehring, Pre si ent (CORPORATE SEAL) ATTEST: VILLAGE OF TEQUESTA 13 Lori McWilliams, CMC Pat Wet Ill!"'ilf Village Clerk ..p�POq'Q SSE �'�`p APPROVED AS TO FORM AND LEGAL -•�9T'c.4t„�°�Q�Oo`' SUFFICIENCY �'''� OF Trela hite, Es Village Attorney Y:\docs\Tequesta\Agreements\Agreement Gehring Group 2009.doc Page 251 of 2231 Agenda Item #8. EXHIBIT A SCOPE OF SERVICES TO BE PROVIDED BY GEHRING GROUP A. Conduct detailed review, analysis and projection sessions with decision makers at key points throughout the year: mid-year, fourth quarter, and pre-renewal. B. Negotiate renewal rates, benefits, and services with group insurance carriers to maximize value for the VILLAGE. C. Attend and/or conduct group insurance committee meetings with employees and management. Conduct review sessions and renewal negotiations based on experience periods. D. Include in the process: a. Planning/discussion with Human Resources b. Discussions with employees c. Discussions with VILLAGE Management Leadership Team d. Mid-year review/analysis/projection e. Fourth quarter review/analysis/projection f. Present original renewal offer from current carrier g. Negotiate renewal options/present to VILLAGE h. Conduct formal RFQ process, if directed i. Assist in analysis of Proposals j. Renegotiate with carrier, if directed k. Present information to VILLAGE Council, if directed 1. Coordinate contract processing E. Provide review/analysis/projection sessions to include: a. Projected renewal costs b. Enrollment analysis and comparisons c. Claims analysis and comparisons d. High cost claim summary e. Network utilization and cost avoidance reports F. Support the VILLAGE administrative staff by resolving important enrollment and billing problems. G. Serve the VILLAGE's employees by resolving individual benefit delivery issues including special problems with providers and claims. H. Provide feedback to the VILLAGE's administrative staff on the results of work on behalf of individual employees. 5 Page 252 of 2231 Agenda Item #8. I. Update VILLAGE on changes in applicable laws and how they affect VILLAGE benefits. J. Conduct benefits surveys, if directed, for comparing VILLAGE benefits with other agencies and companies. K. Conduct periodic on-site meetings with employees and/or dependants on a voluntary basis for individual claim resolution and benefits counseling. L. Assist with annual employee open enrollment meeting for the purpose of supporting and improving service to employees. M. Provide Experience Utilization Reports to VILLAGE (at least quarterly). N. Provide detailed quarterly reports analyzing plan revenues, claims, and administrative expenses in a format that is easy to understand and helpful in decision-making. O. Be available for questions, explanations, discussions, and respond to requests from Human Resources within the time frame requested. P. Provide guidance and assistance with COBRA compliance and administration. Q. Provide administration (or pay for administration services) for COBRA voluntary benefits, Leave of Absence voluntary benefits, and Retiree voluntary benefits. R. Additional Services: Continuous Plan Analysis Consistent Client Contact Development of Requests for Proposals/Quotes Plan & Proposal Evaluation Plan Renewals & Effective Negotiations Program Implementation Ongoing Service On-site Service Employee Surveys Displacement Analysis Employee Benefits Handbook In-House Graphics Department—Professional Employee Communications Legislative Compliance & Updates Produce Formal Proposals /Make Presentations 6 Page 253 of 2231 Agenda Item #8. 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 254 of 2231 Agenda Item #8. "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 255 of 2231 Agenda Item #8. E-Verify Affidavit Bid/Proposal Number: Project Description: In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility o£ 1. All persons employed by the Contractor to perform employment duties within Florida during the term of the contract; and 2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Village of Tequesta. Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a printed copy of the completed E-Verify Company Profile page, obtained from httys://www.e- verif Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), F.S. Contractor further agrees to maintain a copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. By affixing your signature below, you hereby affirm that you will comply with all E-Verify requirements. Company name Federal Employer Identification No. Signature Date Print Name Title STATE OF FLORIDA PALM BEACH COUNTY Sworn and subscribed before me by means of❑physical presence or ❑online notarization on this day of 120 by ,who is personally known to me or has produced as identification and who did/did not take an oath, in the state and county first mentioned above. Notary Public (affix seal) My Commission Expires: Page 256 of 2231 Agenda Item #8. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org April 11, 2024 Kurt Gehring President The Gehring Group, Inc 3500 Kyoto Gardens Drive Palm Beach Gardens, Florida 33410 Re: 3 Year Extension — Broker of Record Agreement Dear Kurt: This is to inform you that at its regular Council meeting on April 11, 2024, the Village Council voted to extend our original Agreement of March 12, 2009 for another 3 years, to March 11, 2027, under the same terms and conditions. We appreciate the outstanding work that you have been doing for the Village and look forward to the next 3 years. Yours truly, Jeremy Allen Village Manager If the terms and conditions of the March 12, 2009 Agreement remain acceptable to you, please sign below and return a copy of this letter for our records. The Gehring Group, Inc Kurt Gehring President Page 257 of 2231