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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_5/9/2024 Agenda Item #3. Regular Council STAFF MEMO Meeting: Regular Council - May 09 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. Lake Ariel Volunteer Fire Company, $35,000.00 B. Samsara, Inc. Agreement, $19,192.83 C. Triple M Brick Pavers, Inc Proposal, $5400.00 D. Verizon Connect Fleet USA, LLC Change Order, $0.00 M. 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. Lake Ariel Volunteer Fire Company, $31,500.00 - Revenue B. Samsara, Inc. Agreement, $19,192.83 C. Triple M Brick Pavers, Inc Proposal, $5400.00 D. Verizon Connect Fleet USA, LLC Change Order, $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: mmu. 2024.05.PW.Lake Ariel Vol Fire Co. - Fire Truck Surplus NT Page 32 of 226 Agenda Item #3. 2024.05.PW.Samsara - GPS Service Agreement NT 2024.05.PW.Triple M Brick Pavers - Teguesta Bridge Pavers Repair NT 2024.05.PW.Verizon Connect - GPS Change Order Form NT Page 33 of 226 Agenda Item #3. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Sold 2003 Sutphen Pumper Fire Truck Date: April 24, 2024 On March 14, 2024, The Village Council approved the surplus and sale of the Fire Departments 2003 Sutphen Pumper Fire Truck. In coordination with the Fire Chief, the Public Works Department placed the truck for sale through a Brokerage agreement with Fenton Fire. Fenton is a Global Company selling used Fire Trucks, Equipment and apparatus. The Goal was to recoup as much money as possible in a timely manner. We did not want the truck sitting for an extended period accruing maintenance costs. Fenton Fire actively advertised and marketed the truck across the Internet. The Public Works Staff along with the Fire Department negotiated the sale of the Truck to Lake Ariel Volunteer Fire Company in Pennsylvania. Sold Price - $35,000.00 Brokerage Fee: $3,500.00 The Title and truck were transferred to Lake Ariel Fire. 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 34 of 226 Agenda Item #3. FENTON AidaPFIRE USED FIRE TRUCKS EMERGENCY VEHICLE BILL OF SALE FIRE DEPT./COMPANY NAME TEL: vM9, e OR reque- a 561-76e- 0`16,S� ADDRESS CITY STATE ZIP 3 5 i u, e ups g Fl. / 9ESPON IBLE PERSON / . • YEAR MAKE MODEL a d 0 3 'Svki hend /7?o 0q(-C,6 VEHICLE TYPE VIN I �aD j�oa -i S Q 7 3 1 Db 30 PURCHASER FIRE DEPT./COMPANY NAME TEL: ADDRESS CITY STATE ZIP RESPONSIBLE PERSON FINANCIAL DETAILS VEHICLE WAS SOLD FOR THE SUM OF: 3 USD CAD -Arlq.RLt l3w5nndd �/ $ 3 5,ao a7 oy SUM WRITTEN IN ULL ✓� SIGNATURES SELLER PURCHASER X DATE X DATE SELLER PURCHASER X __ -'� -- - DATE � a� X DATE WITNESS WITNESS SIGNED AT SIGNED AT Page 35 of 226 Agenda Item #3. 1 of 2 Subiect:Purchase Agreement for Fire Apparatus_ Seller. Buyer: Representative:Jeremy Allen Representative: 'Company Name:Village of Tequesta Company Name: ,Company Address:345 Tequesta Drive Company Address: Tequesta Florida 33469 Phone Number: ;Phone Number:561-768-0465 Email Address. Email Address:Jallen@tequesta.org This Purchase Agreement("Agreement")is entered into on April 9,2024 by and between Village of Tequesta hereinafter referred to as the 'Seller"and Lake Aerial Fire,PA hereinafter referred to as the"Buyer." Description of Fire Apparatus: The Seller agrees to sell and the Buyer agrees to purchase the following fire apparatus: • Make/Model: Sutphen Monarch Pumper Fire Truck • Year: 2003 • Vehicle Identification Number(VIN):1S9A1HLD731003014 Purchase Price: $35,000.00 The total purchase price for the fire apparatus is $35,000.00 The Buyer agrees to pay in Full within 10 Days upon the execution of this agreement Visual Inspection:The fire apparatus was inspection by the Buyer on April 3,2024 (Date)The inspection was completed at 357 Tequesta Drive,Tequesta Florida 3346-RAddress) Vehicle Sold"As Is,Where Is": The Buyer acknowledges that the fire apparatus is sold"as is,where is;'without any warranties or guarantees,either expressed or implied.The Buyer accepts the vehicle in its current condition with any faults or defects. Inspection and Shipping Costs: Any inspection costs incurred by the Buyer shall be borne solely by the Buyer. Additionally,all costs associated with the transportation or shipping of the fire Page 36 of 226 Agenda Item #3. 2of2 apparatus from its current location to the Buyer's designated location shall be the responsibility of the Buyer. Closing: The closing of this purchase shall occur within 10 days after all conditions precedent have been met.At closing,the Buyer shall pay in Full the agreed purchase price of$35,000.00.Payable to the Village of Tequesta. Default: If the Buyer fails to meet any of the conditions precedent outlined within the specified time frames,the Seller has the option to cancel the Sale. Governing Law.- This Agreement shall be governed by and construed in accordance with the laws of Florida . (State) IN WITNESS WHEREOF,the parties hereto have executed this Conditional Purchase Agreement as of the date first above written. Seller's Name: Jeremy Allen Seller's Signature: Date: 4 / 09 4 Signed at: Witness Signature: Z/K Buyer's Name: Buyer's Signature: Date: ! ! Signed at: Witness Signature: Page 37 of 226 Agenda Item #3. 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: Samsara Fleet Maintenance Global Positioning Device Service Agreement Date: April 24, 2024 The Department is in the process of changing service providers for the Global Positioning Devices (GPS) installed in 28 Village Vehicles. We have cancelled the current service with Verizon due to ongoing customer service, billing and equipment issues. We are switching the GPS service to Samsara. Samara is a Software Company and leader in operations technology. They have strong customer references in the Public and Private Sector. The Annual cost for GPS Services for 28 Vehicles is $6,384.28 Funding for this service in budgeted and available in each departments Vehicle Repair and Maintenance fund 546.302. Costs will be shared by each department based on the number of vehicles in the department at $19.00 per month, per vehicle. 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 38 of 226 Agenda Item #3. Samsara Inc © 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com QUOTE #Q-1213570 Prepared For: Village of Tequesta Issued 02-13-2024 Prepared By: Kyle VanThof kyle.vanthof@ samsara.com Quote Summary Subtotal Hardware and Accessories $0.00 Licenses License Term—36 Months Shipping and Handling $40.00 Upfront Hardware Sales Tax $0.00 If shipping is"Pending"-Amount is pending due to size of order;Shipping and Handling subject to change. If Sales tax is`Pending"—Final amount will be provided prior to payment Annual License Sales Tax $0.00 `3%fee charged on non-ACH charges(Canada Exempt) 'Sales tax subject to change Invoice 1- May 1st-Sept 30th (5 months) $2,700.11 (with shipping) Invoice 2-Oct 1st 2024-Sept 30th 2025-$6384.28 Invoice 3-Oct 1st 2025-Sept 30th 2026-6384.28 Invoice 4-Oct 1st 2026 -April 30th 2027-$3724.16 samsara.com 1 Page 39 of 226 Agenda Item #3. Samsara Inc • 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com SHIP TO Building 136 Bridge Rd Jupiter, Florida,33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 1 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable 1 $0.00 $0.00 CBL-VG-00BDII-Y1 License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 1 $228.01 $228.01 LIC-VG-PS Total Due $228.01 SHIP TO Code 136 Bridge Rd Jupiter, Florida, 33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 2 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable 2 $0.00 $0.00 CBL-VG-00BDII-Y1 License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 2 $228.01 $456.02 LIC-VG-PS Total Due $456.02 SHIP TO Water Distribution 136 Bridge Rd Jupiter, Florida, 33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 7 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable CBL-VG-00BDII-Y1 7 $�'�� $�'�� License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 7 $228.01 $1,596.07 LIC-VG-PS Total Due $1,596.07 samsara.com 2 Page 40 of 226 Agenda Item #3. Samsara Inc • 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com SHIP TO PARKS AND RECREATION 136 Bridge Rd Jupiter, Florida,33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 3 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable 3 $0.00 $0.00 CBL-VG-00BDII-Y1 License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 3 $228.01 $684.03 LIC-VG-PS Total Due $684.03 SHIP TO WATER TREATMENT PLANT 136 Bridge Rd Jupiter, Florida, 33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 6 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable CBL-VG-00BDII-Y1 6 $�'�� $�'�� License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 7 $228.01 $1,596.07 LIC-VG-PS Vehicle IoT Gateway, model VG54 HW-VG54-NAH 1 $228.01 $456.02 Enhanced VG Series J1939 or J1708 (9-pin) 1 $0.00 $0.00 CBL-VG-CJ 1939 Total Due $1,596.07 samsara.com 2 Page 41 of 226 Agenda Item #3. Samsara Inc • 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com SHIP TO PUBLIC WORKS 136 Bridge Rd Jupiter, Florida,33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 7 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable 7 $0.00 $0.00 CBL-VG-00BDII-Y1 License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 7 $228.01 $1,596.07 LIC-VG-PS Total Due $1,596.07 SHIP TO STORMWATER 136 Bridge Rd Jupiter, Florida, 33469-2714 United States Hardware and Accessories Quantity Net Unit Price Total Price Vehicle IoT Gateway, model VG54 1 $0.00 $0.00 HW-VG54-NA Enhanced VG Series OBDII J1962 L-mount cable 1 $0.00 $0.00 CBL-VG-00BDII-Y1 License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 1 $228.01 $228.01 LIC-VG-PS Total Due $228.01 samsara.com 2 Page 42 of 226 Agenda Item #3. Samsara Inc © 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com Thank you for considering Samsara for your fleet. Samsara provides real-time visibility, business-relevant tools, and powerful analytics that enable customers to increase the productivity of their fleets and reduce operating costs. A solution for your fleet is proposed below. What is included? Samsara's fleet tracking solution includes hardware accessories and a per- gateway license. Gateway licenses provide all ongoing elements of the service, including: - Real-time location and vehicle telematics - Dashboard access with unlimited administrator accounts - Driver App for iOS and Android devices with unlimited driver accounts - Over-the-air software feature upgrades - API access as it relates to features for integration with 3rd party systems - Maintenance and phone support Samsara does not include hidden costs in its licenses. If you want access to Samsara's full set of fleet features--including but not limited to WiFi hotspot and ELD capabilities--you will need to upgrade your license. Samsara reserves the right to audit usage of features unrelated to the solution as well as remove them from the Samsara Dashboard. samsaraxom 3 Page 43 of 226 Agenda Item #3. Samsara Inc © 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com Payment Terms This order form includes a license fee for the Samsara Software associated with the Hardware to be paid annually and, if applicable, a one-time Hardware cost to be paid upfront(Net-30).The annual fees are payable by recurring wire transfer. Late payments are subject to a 1.5%per month late fee. If license payments are delinquent by 60 days, Samsara may suspend the Service until late payments are remitted. License Term The license term for the Samsara Software licenses purchased under this Order Form begins on the day Samsara activates the applicable Samsara Software license by providing you a claim number and access to the Hosted Software ("License Start Date"). If Hardware associated with a then-unactivated Samsara Software license will be shipped to you under this Order Form, such Samsara Software license will be activated on the day the Samsara Hardware ships. Notwithstanding the foregoing, if you are renewing the license term for a previously-activated Samsara Software license under this Order Form,the License Start Date for the renewal license term shall be the day that Samsara extends your access to the Hosted Software for the renewal license term. Samsara Hardware requires a valid license to function. Samsara may ship Hardware under this Order Form subject to a schedule as mutually agreed between the Parties or as determined by Samsara. To the extent such Hardware is associated with then-unactivated Samsara Software licenses,the Samsara Software license term for each such Hardware device will start on the day that device ships regardless of the shipment schedule for the other such Hardware devices. If all such Hardware is shipped in one shipment,the license term for all such Hardware will be the full license term under this Order Form. If such Hardware is shipped in multiple shipments, only the license term of such Hardware in the initial shipment will be such full license term.The license term of the remaining such Hardware shipped after the initial shipment will be set to match the then-remaining license term of the initial shipment, so that the license term for all such Hardware under this Order Form expires on the same date.The total cost of the licenses for such Hardware shipped after the initial shipment will be pro-rated based on their actual license term, rounded up to the nearest month, as compared to the full license term under this Order Form. Certain payment amounts under this Order Form assume that the entire order is fulfilled at the same time and are subject to potential reduction based on the actual schedule of order fulfillment. Support and Warranty Samsara stands behind its Products. Hardware Products that require a valid license to function come with a warranty that lasts as long as you maintain a valid license for such Hardware. All other Hardware Products, such as accessories, come with a one-year warranty, unless otherwise specified on the relevant Samsara data sheet. During the warranty period, Hardware exhibiting material defects will be replaced pursuant to our Hardware Warranty& RMA policy at www.samsara.com/support/hardware-warranty. Additional support information can be found at www.samsara.com/support. Terms Unless otherwise set forth herein, your use and access of the Hardware, Products, and Services specified herein are governed by Samsara's terms of service found at https:Hwww.samsara.com/legal/public-sector-customers-platform-terms-of-service, unless the Parties have entered into a separate terms of service agreement and/or a separate terms of service agreement is attached to this Order Form, in which case such separate terms of service agreement shall govern (the"Terms of Service"). You agree to be bound by the Terms of Service, samsara.com 4 Page 44 of 226 Agenda Item #3. Samsara Inc © 1 De Haro Street s a m s a ra San Francisco, CA 94107 www.samsara.com and any capitalized terms not defined herein shall have the meaning set forth in the Terms of Service. You further agree that any other Order Forms you enter into for the purchase of Products shall also be governed by the Terms of Service unless otherwise set forth in the applicable Order Form. For clarity, unless otherwise agreed by the Parties or approved by Samsara,the pricing and payment terms under this Order Form shall not apply to any such other Order Forms. The continuation of this Order Form one(1)year after the license start date and annually thereafter is contingent upon the appropriation of sufficient funds by Customer. If sufficient funds fail to be appropriated by Customer to provide for the continuation of the Order Form for Customer's then-subsequent fiscal year, Customer may terminate this Order Form with prior written notice effective as of the later of the date of the beginning of such subsequent fiscal year and the end of the then-current annual license period. If Customer so terminates this Order Form, Samsara shall be entitled to payment of and for: all amounts due as of the date of termination; deliverables in progress; liabilities,fees,or costs caused by such termination including for obligations that extend beyond the date of termination;and reasonable Order Form close-out costs. samsara.com 5 Page 45 of 226 Agenda Item #3. Samsara Inc © 1 De Haro Street s a m s a ra San Francisco, CA 94107 ***.samsara.com Notification of Confidentiality Except as legally required under applicable public records request laws, provided that you use reasonable efforts to provide Samsara with advance notice of any such disclosure, you agree that the pricing and payment terms specified in this Order Form shall (i) be held in strict confidence; (ii) not be disclosed to any Samsara competitor or other entity,except as pre-approved in writing by Samsara; and (iii) not be used except to evaluate the suitability of the Samsara Products for your business. You will immediately notify Samsara in the event of any unauthorized use or disclosure under these terms. Violation of these obligations will cause irreparable harm to Samsara for which Samsara may obtain compensatory and timely injunctive relief from a court, as well as any other remedies that may be available, including recovery of all reasonable attorney's fees and costs incurred in seeking such remedies. Your obligations specified herein shall last until the pricing and payment terms herein are,through no fault or action by you, public. This Order Form is a legally binding agreement between you ("Customer") and Samsara Inc. ("Samsara"). IN WITNESS WHEREOF, Customer has caused this Order Form to be executed by its duly authorized representative. I confirm acceptance of this Order Form on behalf of the Customer identified herein and represent and warrant that I have full and complete authority to bind the Customer to this Order Form, including all terms and conditions herein.""Please confirm acceptance of this Order Form by signing below: Digitally signed by Jeremy Allen Jeremy A I I e n Date:2024.04.24 16:10:30 Signature -04'00' Print Name: Date: samsara.com 6 Page 46 of 226 Agenda Item #3. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Tequesta Bridge Pavers Repair and Maintenance Date: April 24, 2024 The Department identified the need to repair and replace pavers on the pathway and sitting areas on the Tequesta Bridge. Many areas have settled and cracked. Triple M Pavers will remove, restore the base, compact and re-install or replace pavers on the Bridge. Estimate: $5,400.00 Funding is available and budgeted in 301-315-546.340 Tequesta Bridge 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 47 of 226 Age y-v� IPLE M DRIVEWAYS BRICK PAYERS INC. WALKWAYS POOL DECKS 0 PATIOS Phone: (561) 575-0300 Fax: (561) 277-2536 ASPHALT Email: mmmbrickpavers@gmail.com 18•PV•20 Address: 15828 92nd Way N. Jupiter, FL 33478 UjZ2 eeh s Maw" -20229 840-' MCPB02539 Customer: Proposal x Contract❑ Date: 4/4/24 Village Of Tequesta Job Name: Te uesta Drive Bridge Paver Repairs Public Works Department 136 Bridge Road Sales Rep: Gate Code: Tequesta, FL 33469 Robert 561-339-8279 Phone: Fax: Email: Job Type: 561-768-0483 dchambers@tequesta.org Repair Field Border Laving Pattern Manufacturer Shape: Shape: Color: Color: SCOPE OF WORK • Lift up shifted and sunken pavers on pedestrian walkways @Tequest Drive bridge; • Pavers will be re-installed on a base of crushed concrete; • Pavers will be installed with proper pitch so water drains properly; • Exposed border edges will be locked in on the side with a troweled-in-place concrete edge; Note: If any additional square footage for material/labor is required, it will be extra. Any alteration or deviation from the above specifications involving extra costs will become an additional charge over and above the(proposal)contract Total $ 5,400.00 amount and will require a signed change order. Deposit $2,700.00 Triple-M-Brick Pavers is not responsible for variation of"color mix"pavers as colors will vary during the manufacturing process;for underground utilities, Upon Material Delivery NIA irrigation or landscaping due to crew work or bobcat service;for efflorescence in brick pavers at install or after installation. Permit will be charged at COST Completion Of Job $2,700.00 plus $200.00 PROCESSING FEE (not included in contract price). Contract price is a cash price only. I have read the contract in its entirety and have accepted all pricing, specifications, terms and conditions as set forth. I authorize Tri le-M-Brick Pavers to do the work asspecified. Payments will be made as outlined above. Digitally signed by Jeremy Allen Jeremy Allen Date:2024.04.05 08:14:45-04'00' Triple-M-Brick Pavers Wep. Signature Customer Authorized Signature Date Jilt. Page 48 of 226 Agenda Item #3. GENERAL CONDITIONS TRIPLE-M-BRICK PAVERS, INC., will also be referred to as"Contractor'and Use Individual(s)or firth accepting this proposal shall be referred to as"Customer.'Once accepted,this proposal shall be referred to as the Agreement' 1. The person(s)accepting this proposal acknowledge authority to do so and acknowledge being the owner(s)or authorized agent of the owner(s)of the property on which the work is being done.It is further acknowledged that Contractor is relying upon this representation. 2. Any items not specifically stated under"site conditions'on the front of this Agreement which are encountered shall be considered as not included in this Agreement and shall be Customer's responsibility.This refers to soil conditions or objects above or below ground,such as but not limited to,septic tanks,utility tines,drainage pipe,Irrigation pipe,or other obstruction or other unknown ground conditions,such as rock or muck_It is understood and agreed that if any additional work or materials are required thereby to complete the work,Contractor is hereby authorized to do so,and the cost thereof shall be added to the Agreement price.Customer represents having no knowledge of latent conditions which will adversely affect the execution of the work and which have not been disclosed in full to Contractor.Contractor shall have no responsibility or duty to deal with materials or conditions which it deems to be unsafe or environmentally hazardous. 3. Unless otherwise specified In this proposal,the price does not Include building permits,and it shall be the responsibility of Customer to obtain all necessary permits from any governmental agency or authority,including permits for removal of trees,if applicable.Contractor assumes no responsibility with respect to preparation or filling of Customer's documents required under the construction lien law,including without limitation the Notice of Commencement.If survey,geological report,topography maps,or soil report should be required by building department.Customer is to supply same. 4. Customer shall grant Contractor ample access area for equipment,personnel,and materials delivered to the site,and shall furnish adequate water and electric power and shall grant the right to store material and debris during the course of construction.Unless otherwise stated herein,site preparation including removal or protection of trees, shrubs,or other vegetation,removal,or location of any easements,setback lines,underground sprinklers,utilities,pipelines,septic tanks,or any other improvements affected by this construction shall be done by Customer.Customer assumes full responsibility for clearance of,or damage to,anything In the area of access,whether it be on Customer's property or that of a neighbor.Contractor Is specifically held free of responsibility of damage to landscaping,sod,shrubs,trees,fences,watts,patios,sprinklers, paving,driveways,curbs,sidewalks,septic tanks,utility lines,sewer lines,water lines,or other items above or below ground in the area of access and/or construction.No finish grading,planting,sodding,or seeding shall be done by Contractor. 5. Unless otherwise indicated,the price in this proposal is based upon a single continuous operation,performed in one mobilization,during normal working hours. It is i agreed that Contractor shall be permitted to perform his work without interruptions or delays or any acts of neglect caused by Customer or Customer's representatives.Work stoppages,additional mobilizations,or work outside of normal working hours caused or required by Customer will be extra charges over and above the proposal amount. Contractor shall have the right to let,assign,subcontract,or transfer this work or any part thereof,or any interest therein,without the consent of Customer. 6. Contractor's payment terms are net cash upon completion of the work In the phases stated above.All past due payments shall bear Interest at the highest rate allowable ` by law.Customer agrees to pay all costs of collection,including attorneys fees at all levels,in the event Contractor deems it necessary to employ collection measures, f whether or not a suit is instituted.Customer shall not incur any expenditures to be charged to Contractor or credited against this Agreement without the previous written consent and approval of Contractor. 7. Contractor reserves the right at any time to stop work until such time as any past due payments according to the payment schedule of this Agreement are brought up to date or any other obligation of Customer is brought current.Customer expressly agrees that Contractor shall retain title to all materials,equipment,and removables(whether or not Installed)until full payment has been received by Contractor.Customer expressly agrees that Contractor does and shall continue to have permission for entry to or on any premises to remove these articles,without liability to Customer for trespass or otherwise.Payment schedules must be met regardless of the overall incompletion of the Agreement or the necessity of repairing previously completed work. 8. Customer has deposited with Contractor an initial deposit as security for full and faithful performance of this Agreement upon Customers part to be performed, ff Customer shall fail,refuse,or prevent Contractor from commencing the work which is the subject of this Agreement,said amount shall be retained by Contractor as liquidated damages.It is expressly understood by the parties hereto that said sum is not to be construed as a penalty of forfeiture,but is set out herein and provided as the liquidated damages for the services rendered by Contractor in investigating the jobsite,preparing the job proposal,and scheduling and obtaining the labor arrNor materials for Use subject job. 9. Customer agrees to supply Contractor with a current and valid survey of Customers property. Further, Customer agrees to supply the location,dimensions, and elevations of the project after it is set by Contractors personnel,and accepts full responsibility for same.All dimensions are approximate with reasonable tolerances either way. Minor variations in location,dimension,or elevations shall not affect the validity of the Agreement, nor Customers responsibility under It.Unless Customer notifies Contractor of error In writing at time of layout.Customer accepts full responsibility for work being done within Customer's property fines and,in conformity with local zoning. Customer shall hold and save harmless Contractor from any fabflity,to Customer or third person,from construction beyond said property liens. 10. All changes or additions to this Agreement occasioned by Customer or agent of Customer shall be authorized in writing or by a signed change order executed by Customer or his agent and signed by an authorized representative of Contractor.However,should It in the judgment of Contractor or its agents become reasonably necessary to effect certain changes,additions,or deletions in the work to be done for any reason,including but not limited to,existing dimensions,structures,encumbrances,physical properties of the real property or its improvements, landscaping, seawalls, pipelines, wiring, etc., Customer hereby authorizes Contractor to make such changes, modifications,alterations,or additions and agrees to pay for such items upon billing.Further,In the event Customer occasions changes,additions,modifications,etc.,but fails to obtain the execution of a change order,and the work nevertheless is done by Contractor,then in such event,charges for such items shall likewise be due when billed. 11. Unless set forth on the front of this Agreement,Contractor has made no warranties or representation whatsoever in connection with the time or manner in which the above stated job shall commence or the length of time necessary for completion.In any event,Contractor shall not be liable to Customer or any other party for any fosses, costs,or damages whatsoever or howsoever arising due to delays,floods,acts of God,unavailability of labor and/or materials,or for any loss of use of the premises which is the subject of this Agreement,loss of business,or ether consequential damages.Customer acknowledges that Contractor is not the manufacturer or supplier of bricks or brick pavers and materials and Contractor does not warrant the bricks or brick pavers and materials from defects or deficiencies in the material not visible upon the completion of the work.The manufacturer may have its own warranty. 12. Customer shall indemnify and save Contractor,its employees,officers,and directors harmless from any and all claims,suits,actions,damages,losses,liability,and expense,including reasonable attorney's fees,in connection with the loss of file,bodily or personal injury,or property damage arising from or out of any occurrence in,upon, at,or from the promises which is the subject of this Agreement,or any part thereof,whether occasioned wholly or in part by any act or omission of Customer,their agents, employees,servants,invitees,and/or licenses.Anything contained in this paragraph hereof to the contrary notwithstanding.Contractor shall not be relieved of any liability resulting solely from the negligence of Contractor or its employees. 13. The waiver of any breach of the terms,provisions,conditions,or parts thereof of this Agreement by Contractor or delay or failure to insist on the performance by Customer of same shall not be construed as thereafter waiving any such terms,provisions,conditions,or parts thereof,but the same shall continue and remain in force and effect the same as if no such forbearance or waiver had occurred.Should any particular provision of this Agreement or part thereof be or become illegal or invalid,the same shall not affect the other provisions contained herein. 14. This Agreement constitutes the entire and only understanding between the parties and all of the terns and conditions of this Agreement are written and printed herein. Any promises,representations,understandings,and/or agreements pertaining directly or indirectly to this Agreement or these terms and conditions which are not contained herein are hereby waived.This Agreement shall be binding upon and shall Inure to the benefit of the parties,their heirs,legal representatives,successors,and assigns.Any change order,modification,or additional work shall include and be subject to all the terms,conditions,and provisions of this Agreement. Signature Date Page 49 of 226 Agenda Item #3. 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: Verizon Fleet Maintenance Global Positioning Devices Cancellation Date: April 24, 2024 The Department is in the process of changing providers for the Global Positioning Devices (GPS) installed in 28 Village Vehicles. Verizon required a signature on the attached work order to cancel the service. The Village will not incur any associated costs with this cancelation. 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 50 of 226 Agenda Item #3. DocuSign Envelope ID:0326D90E-22E8-41FB-AADC-78CFA7AFE473 CHANGE ORDER FORM This Change Order amends the Services Order Form(s)listed below between the Customer identified herein and Verizon Connect Fleet USA LLC("Verizon Connect")for the Services subscriptions listed. CUSTOMER INFORMATION Customer Name: Business Contact: Village of Tequesta Doug Chambers Customer Address: Business Contact Email: 136 BRIDGE RD dchambers@tequesta.org TEQUESTA,FL 33469-2714 Business Contact Phone: (561)768-0483 CHANGE ORDER FORM INFORMATION The following Services Order Form(s)are modified as of the Effective Date: 511/2024 Notice of cancellation given on 4/1/2024 Services Order Services Order Subscription Services: Change Order Quantity Monthly Per Unit Reference it: Effective Date: Form Purpose: Fee 4/19/2023 Engine Connect Data Remove 7 0 Subscription 0001558388.000 4/15/2023 Engine Connect Data Remove 2 0 3744958 Subscription 0001558388.000 4/15/2023 Vehicle Tracking Remove 2 18.95 3744959 Subscription 0001558409.000 4/15/2023 Engine Connect Data Remove 3 0 3745927 Subscription 0001558409.000 4/15/2023 Vehicle Tracking Remove 3 18.95 3745928 Subscription 0001558400.000 4/15/2023 Engine Connect Data Remove 7 0 3745042 Subscription 0001558400.000 4/15/2023 Vehicle Tracking Remove 7 18.95 3745043 Subscription 0001558412.000 4/15/2023 Engine Connect Data Remove 6 0 3748904 Subscription 0001558412.000 4/1S/2023 Vehicle Tracking Remove 6 18.95 3749153 Subscription 0001SS8416.000 4/15/2023 Engine Connect Data Remove 7 0 3750634 Subscription Page 51 of 226 Agenda Item #3. DocuSign Envelope ID:D326D90E-22E8-41FB-AADC-78CFA7AFE473 0001558416.000 4/15/2023 Vehicle Tracking Remove 7 18.95 3750635 Subscription 0001558419.000 4/15/2023 Engine Connect Data Remove 1 0 3754922 Subscription 0001558419.000 4/15/2023 Vehicle Tracking Remove 1 18.95 3754923 Subscription 0001448301.000 12/21/2022 Vehicle Tracking Remove 1 18.95 3249931 Subscription 0001499003.000 3/30/2023 Vehicle Tracking Remove 1 18.95 3399148 Subscription 0001448301.000 12/21/2022 Engine Connect Data Remove 1 0 3249932 Subscription 0001499003.000 3/30/2023 Engine Connect Data Remove 1 0 3399149 Subscription This Change Order is issued pursuant to the Services Order Form(s) identified above, including any terms and conditions referenced therein and/or attached thereto.Each Services Order Form and its terms and conditions shall together constitute an Agreement, which Is modified by this Change Order. In the event of any conflict or inconsistency between the provisions of this Change Order and the Agreement(s),then the provisions of this Change Order shall prevail. All other terms and conditions of the Agreement(s) shall remain in full force and effect. References to the"Agreement(s)"shall hereafter mean the Agreement(s)as modified by this Change Order. By signing this Change Order Customer acknowledges that it has received an estimate of the fees that will be due to Verizon Connect upon execution of this Agreement and hereby agrees to pay any and all amounts due. Agreed and effective as of the Customer's next billing cycle from the final execution (the "Effective Date") by the Customer's authorized representative below. Customer Signature: Date: LA 2- Ili a� Page 52 of 226