HomeMy WebLinkAboutDocumentation_Regular_Tab 03_10/16/2024 Agenda Item #3.
Regular Council
STAFF MEMO
Meeting: Regular Council - Oct 10 2024
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Eaw W
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. All County National Pavement Management Solutions, $1,736.00 B. Only Trees, LLC,
$5)200.00 C. Florida Green Finance Authority, $0.00 D. PBC Agreement for EMS Grant Funds for
Training Kits $5,081.26
IR ��11AM Ml�
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. All County National Pavement Management Solutions, $1,736.00
B. Only Trees, LLC, $55200.00
C. Florida Green Finance Authority, $0.00
D. PBC Agreement for EMS Grant Funds for Training Kits $5,081.26
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
Page 30 of 512
Agenda Item #3.
All County Paving Agenda Package 2024-10-10
Only Trees Agenda Package 2024-10-10
Florida Green Finance Authority PACE
EMS Updated
Page 31 of 512
Agenda Item #3.
V '111age of T
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 www.tequesta.org
Date: September 23, 2024
To: Jeremy Allen, Village Manager
Through: Marjorie G Craig, PE, Director, Utilities Department
From: David Tinoco, Water Distribution & Stormwater Superintendent
Re: Consider Approval of M&M Asphalt Maintenance, Inc., DBA All County
National Pavement Management Solutions Proposal to Repair Road in front of
9833 SE Buttonwood Way for $1,736.00
The Utilities Department (UD) recommends approval of the proposal from M&M Asphalt
Maintenance, Inc., DBA "All County National Pavement Management Solutions," for
$1,736.00, to repair damaged asphalt in front of 9833 SE Buttonwood Way due to a water
service line that was repaired under the road.
Funds for the services provided will come from the Water Fund, Water Distribution Division,
Account 401-243-546.342—Water System Maintenance - Fiscal Year 2024-2025
Water Fund— Distribution Division—Account 401-243-546.342—Water System Maintenance
Budgeted amount: $84,300
Available amount: $84,700
Expenditure Request: $1,736.00
Amount remaining after request: $82,964
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 32of512
Agenda It David Tinoco
Village of Tequesta Water Distribution&Stormwater
345 Tequesta .
- ••
dtinoco@tequesta.org
• •i 04i4
NATIONAL PAVEMENT MANAGEMENT SOLUTIONS
PROJECT • ' • 9833 SE Buttonwood Way
9833 Buttonwood Way
Tequesta,FL 33469
09/07/2024
PROPOSAL NUMBER:2024-87937
SCOPEOF WORK:
DAMAGED ASPHALT REPAIR: (1)Locations; Up to(160)Sq. Ft.
1. Sawcut and/or Mill where required and clean areas to be patched.
2. Tack areas with DOT approved primer tack.
3. Install hot plant mixed asphalt,Type SP-9.5
4. Roll and compact areas with a steeldrum roller.
5. Haul away any job related debris.
*This proposal includes up to 1.5 inch thick asphalt.
$13736.00
PRE-JOB PHOTOS
LINK TO PRE-JOB PHOTOS: https://allcountypaving-my.sharepoint.com/:f:/p/jsgarcia/Eh247p5o 3hJjCSK7pNrIQQBQu5ZyXQXgwJL- dzcJYNZg?
e=51 D55P
South FL.Corporate Office GIVING CUSTOMERS Paving Advisor
- - 1 Oth St. Samuel Garcia
DEVELOPING35
I YEARS OF
Delray Beach,FL 33444531-9534
MAINTENANCE&WfYSTAUL7lrVL 561-588-0949 E:jsgarcia@allcountypaving.com
SOP CONTRACTOR www.ALLCOUNTYPAVING.com
Page 33 of 512
Page 1 of 4
Agenda It David Tinoco
Village of Tequesta Water Distribution&Stormwater
345 Tequesta .
- ••
dtinoco@tequesta.org
• •i 04i4
NATIONAL PAVEMENT MANAGEMENT SOLUTIONS
E
PROPOSAL TOTAL: All County Paving proposes to furnish the material and perform the labor necessary
for the completion of project in accordance to specifications, and subject to the terms
and conditions stated herein for the sum of:
$ 19736.00
*this price excludes any options.
Checks payable to M&M ASPHALT MAINTENANCE,INC.D/B/A ALL COUNTY PAVING
All Prices quoted are subject to change based on market conditions.This proposal price is based on work
AUTHORIZATION • being completed during the hours of 7:00 AM and 6:00 PM, Monday-Thursday, Friday 7:00 AM—12:00 PM
PROCEED&CONTRACT: excluding holidays,nights and weekends.Additional fees will apply if work is required to be completed on
holidays,at night or on the weekends.Please contact your sales representative for details.
ACCEPTED: Prices, specifications, terms and conditions are hereby accepted and agreed to by the
customer.You are authorized to do the work as specified.Customer agrees to pay the total sum or balance
in full upon completion of this project. Payment will be made as outlined below. When signed, this
proposal becomes a legally binding contract between All County Paving and the Customer. E&OE
A signed proposal and deposit are required prior to the scheduling of the work.
PAYMENT TERMS: Payment Due Upon Completion
M&M ASPHALT MAINTENANCE, INC. Village of Tequesta Water Distribution&Stormwater
D/6/A ALL COUNTY PAVING
Digitally signed by Jeremy Allen
Jeremy AllenDate:2024.09.10 15:18:25
mel aarc(�q
-04'00'
Signature of Approval by Customer
Samuel Garcia
Jeremy Allen, Village Manager
Paving Advisor Printed Name Printed Name&Title/Position
09/07/2024 September 10, 2024
Date
Date
Please select if billing information differs
from above.
South FL.Corporate Office GIVING CUSTOMERS Paving Advisor
ENI
1 Oth St. Samuel Garcia
DEVELOPING35
I YEARS OF
Delray Beach,FL 33444531-9534
--i MAINTENANCE&WfYSMUL7lrVL 561-588-0949 E:jsgarcia@allcountypaving.com
TOP CONTRACTOR www.ALLCOUNTYPAVING.com
Page 34of512
Page 2of4
Agenda It David Tinoco
Village of Tequesta Water Distribution&Stormwater
345 Tequesta .
- ••
dtinoco@tequesta.org
• •i 04i4
NATIONAL PAVEMENT MANAGEMENT SOLUTIONS
E
TERMS
AND CONDITIONS
1. Our proposals are limited to included items only, anything not specifically included is excluded from the contract.Any alteration or deviation from proposal specifications
involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the contract.
2. The proposal or contract provided,including all stated terms and conditions,shall become a legally binding attachment to any contract entered between All County Paving and
the financially responsible company for which the work will be performed.
3. 90%of contract amount and change orders must be paid prior to completing punch list items and/or any changes for additional work required by cities or municipalities
4. For projects requiring city or county permits,All County Paving will coordinate the process and charge Procurement Fees$795.00 per application,plus cost of permit(s).Any
additional work required by the permit(s)will be a change order to the contract.If the Owner/Authorized Agent/Customer directs this work to be completed without required
permitting,all costs including,but not limited to,fees,expediting and fines are the responsibility of the Owner/Authorized Agent/Customer.
5. Change orders,additions or extras requested by Owner,Contractor or Municipality will be invoiced as an addition to the contract and shall not delay payment of the original
contract sum.All Change Orders must be approved and signed by authorized representative,
6. It is understood and agreed that all work is performed"weather permitting".
7. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is
responsible for towing services and any created delays.If any cars are left in the area of work,All County Paving cannot be held responsible for any damage to the vehicle.
8. The customer is responsible to notify all landscapers and garbage companies to not show on the area of work the day we are performing work.In the event of a reschedule
due to unforeseen conditions,you are required to let all service providers know about the change.
9. All County Paving cannot guarantee sealcoat longevity where there is standing water.Cracks in pavement will still be noticeable after sealcoating.Tire turning marks will be
visible at first but will disappear over time.
10. If there are existing car stops on the property,the new line striping of the parking stalls will not be installed beyond the car stop(s)unless they are removed.The striping
machine cannot fit between the car stops.If you would like the existing car stops removed during the striping phase,there will be additional costs associated with this scope of
work.It is the customer's responsibility to inform All County Paving if this is desired prior to commencement of the project.
11. Any broken car stops will be replaced at an additional cost of$85.00 each.
12. Reflective Pavement Markers are excluded from the warranty.Any additional reflective pavement markers that are required by the city code will be an additional charge of
$10.00 each to the contract amount.
13. Asphalt Repairs/Paving: If the actual asphalt is determined to be thicker than the proposed depth once the area(s)are excavated, All County Paving will provide photo
documentation showing the additional depth and a change order will be sent to customer the additional material.
14. Additional mobilization(s)to be billed at$2,000.00 each for Asphalt Repairs.This charge may be billed due to,but not limited to:site unavailability for commencement of the
work due to vehicles encroaching on the work area,change of schedule by Customer/Authorized Agent without prior consent of contractor or repairs to work caused by
trespassing.
15. Additional mobilization(s)to be billed at$2,000.00 each for Sealcoating.This charge may be billed due to,but not limited to:site unavailability for commencement of the work
due to vehicles encroaching on the work area, change of schedule by Customer/Authorized Agent without prior consent of contractor or repairs to work caused by
trespassing.
16. Additional mobilization(s)to be billed at$2,400.00 each for Concrete Services.This charge may be billed due to,but not limited to:site unavailability for commencement of
the work due to vehicles encroaching on the work area,change of schedule by Customer/Authorized Agent without prior consent of contractor or repairs to work caused by
trespassing.
17. Additional mobilization(s)to be billed at$7,200.00 each for Paving.This charge may be billed due to,but not limited to:site unavailability for commencement of the work due
to vehicles encroaching on the work area,change of schedule by Owner/Authorized Agent without prior consent of contractor or repairs to work caused by trespassing.All
County Paving will provide a schedule to be approved by Customer prior to any additional mobilizations.
18. If All County Paving is performing milling and/or paving,the customer acknowledges that this work will not result in new elevations/grades. This means that any existing
ponding water will not be rectified by performing this scope of work.It is the owner's responsibility to notify the account manager if there is ponding water.The only method to
improve standing water is to perform additional rock and grading work which will be an additional cost.
19. All County Paving cannot guarantee 100%drainage in areas where the design grade is less than 1%fall.
20. All County Paving will not accept responsibility for reflective cracking of new asphalt overlay due to the cracked condition of the existing asphalt pavement.
21. This Proposal does not include asphalt leveling or asphalt overruns unless stated otherwise in the original scope of work.Customer agrees to pay to leveling and overruns at
$205.00 per ton.
22. Crack Sealing:Hairline cracks,alligatored or spider web cracks or other failing asphalt areas cannot and will not be crack sealed.Crack sealing is designed to keep water out,
not in,so ground water is subject to seep from wet areas.
23. All underground utilities including electrical,plumbing and irrigation lines if damaged or broken are the responsibility of the customer and not All County Paving.If All County
Paving needs to repair damages,the costs will be billed to the owner as a change order.
24. All County Paving will not be responsible for trafficking,paint tracking or damage to cars or persons trespassing in designated construction areas.
25. All County Paving recommends a Civil Engineer be retained for ADA upgrades.As such All County Paving makes no claim that existing or ADA upgrades will meet any/all
local,state and federal guidelines on ADA compliance.
26. The prices used in this proposal are based on the condition that all work quoted will be accepted in total.
27. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys'fees and all costs of litigation from
the other party,including appellate attorneys'fees.
28. All accounts past due will incur a finance charge of 1.5%per month.
i South FL.Corporate Office GIVING CUSTOMERS Paving Advisor
'1 1
DEVELOPING1 YEARS OF
�. ... • 531-9534
MAINTENANCE& .' +0 t ,, 1•,.
TOP COINTRAG
• •
Page 35 of 512
Page 3 of 4
Agenda It David Tinoco
Village of Tequesta Water Distribution&Stormwater
345 Tequesta .
- ••
dtinoco@tequesta.org
• •i 04i4
NATIONAL PAVEMENT MANAGEMENT SOLUTIONS
E
TERMS AND CONDITIONS CONTINUED
SEALCOATING I CUSTOMER INSTRUCTIONS AND INFORMATION
1. Barricaded Parking Lot:It is vital that all vehicles are removed from our area of work no later than 7:15 am,unless otherwise agreed.Our project costs are based on the property having all cars,
people and objects off the area of work.Tow Trucks need to be arranged 5 days prior to the start of any work and must be on call to remove cars from the scheduled work zone.If any cars are left
in the area of work,we cannot be held responsible for any damage to the vehicles.There will be additional costs if we are unable to access the work area billed at a minimum of$2,000.00.
2. Cleaning:Customer is responsible for any"heavy cleaning";otherwise,All County Paving will bill for this additional cleaning.
3. Cracking:cracks in pavement will still be noticeable after Sealcoating
4. Lawn Fertilization:should not be installed seven days before or after service.
5. Rain: If it's raining the day of scheduled service,assume we aren't coming,and we will contact you to reschedule as soon as possible. If it rains after our installation, please contact your
representative.We monitor the weather closely and can generally predict this very well.If an unexpected storm happens,we will touch up any areas where sealer has not bonded.
6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry for our arrival as areas where the
newly sealed pavement is wet may wear prematurely.
7. Newly sealcoated areas will be barricaded for 24-48 hours after each project phase completion.It is the responsibility of the customer to keep the area clear to allow proper curing of the material.
Failure to do so will void any warranty.
8. Sealer:will take a minimum of 30 days to fully cure and is sensitive to animal droppings,tree droppings;water stains from irrigation systems,ponding water&tire markings during this time.This is
normal,it will fade over time.Areas of shade will take longer to dry and cure than areas in the direct sunlight.
9. Driving on Surface:Once you start driving on sealed surface,avoid turning your wheels unless your car is moving.Understand when wheels are turned on a freshly sealed parking lot,scuffing and
turn marks will be evident,in time they will blend in with surrounding surface.
10. Overspray on Grass:where grass meets your pavement,you may expect a small spray of sealer.This is normal and will disappear generally after the next mowing.
11. Weeds:It is important to note that we have proposed all work at the time of the assessment.If you decide to do work months after we look at the project,if your parking area has developed
excessive weeds in the cracked areas as well as the edge lines for any reason,there may be additional costs for treatment&removal.
PAVING CUSTOMER INSTRUCTIONS AND INFORMATION
1. Barricaded Parking Lot:It is vital that all vehicles are removed from our area of work no later than 7:15 am,unless otherwise agreed.As you can imagine,our project costs are based on the
property having all cars,people and objects off the area of work.Tow Trucks need to be arranged 5 days prior to the start of any work and must be on call to remove cars from the scheduled work
zone.If any cars are left on the area of work,we cannot be held responsible for any damage to the vehicles.There will be additional costs if we are unable to access the work area billed at a
minimum of$7,200.00
2. Site Services:The property is responsible to notify all landscapers and garbage companies to not show on the area of work the day we are performing work.In the event of a reschedule due to
unforeseen conditions,you are required to let all service providers know about the change.
3. Rain: If it's raining the day of scheduled service,assume we aren't coming and we will contact you to reschedule as soon as possible. If it rains after our installation, please contact your
representative.We monitor the weather closely and can generally predict accurately.
4. Sprinklers should be off 24 hours prior until 48 hours after service.Avoid lawn cutting during this same period of time.The surface must be dry for our arrival.
5. Drainage:All County Paving cannot guarantee 100%drainage in areas where the design grade is less than 1%fall.
6. All County Paving will not accept responsibility for reflective cracking of new asphalt overlay due to the cracked condition of the existing asphalt pavement.
7. De-mucking and removal of unsuitable materials not included.
8. Driving on Surface:Once you start driving on the paved surface,avoid turning your wheels unless your car is moving.Understand that when wheels are turned on a freshly paved asphalt surface,
scuffing and turn marks will be evident,and will blend in over time.
LINE STRIPING&ADA I CUSTOMER INSTRUCTIONS AND INFORMATION
1. Barricaded Parking Lot:It is vital that all vehicles are removed from our area of work no later than 7:15 am,unless otherwise agreed.As you can imagine,our project costs are based on the
property having all cars,people and objects off the area of work.Tow Trucks need to be arranged 5 days prior to the start of any work and must be on call to remove cars from the scheduled work
zone.If any cars are left in the area of work,we cannot be held responsible for any damage to the vehicles.There will be additional costs if we are unable to access the work area billed at a
minimum of$995.00
2. Line striping will match all existing pavement markings unless changes are approved by the customer and municipality.
3. All County Paving is not responsible for any tracking of paint caused by any vehicles and/or pedestrians if the barricades are moved prematurely or without authorization.The project manager will
remove the barricades once the material has cured properly.
4. If existing curbs are flaking,it is not recommended to re-paint them without sand-blasting or power-washing them first.All County Paving will not be held responsible for flaking if proper procedure
is not taken prior to painting.
WARRANTY AND CONDITIONS
1. This proposal is based on the price of the liquid asphalt index as per FDOT.If there is an increase from the date of this proposal additional costs will be incurred.
2. This proposal is good for 30 days.If work is unable to start based upon permit requirements or weather additional cost will be charged for the increase of FDOT by Bituminous index,based upon
proposal date above and the stated published index prior to mobilization a change order will be presented prior to mobilization.
3. Due to aggregate shortages,this proposal is based on FOB asphalt prices.If the price increases from the date of this proposal,additional costs will apply.
4. All material guaranteed to be installed exactly as specified.
5. Due to unforeseeable conditions during excavation,depths may go deeper than anticipated.A change order may be necessary should this occur.
6. All County Paving reserves the right to withdraw the contract at any time prior to the commencement of work should material price fluctuations rise significantly.
7. The cost of and obtaining of all permits,bonds,stakeouts,cut sheets,engineering and testing are excluded.
8. In the event of undesirable sub-base or base course conditions,if the customer or authorized agent insists on the installation of any part of the pavement without authorizing corrective action,All
County Paving will not be responsible for any subsequent pavement failures and will be paid as stated in the contract.All County Paving shall not be liable for any failure to undertake or complete
the work for causes beyond our control.
9. The existing surface will be expected to support the weight of all required construction equipment.If due to poor sub-grade conditions sinking may occur when we drive onto your site,All County
Paving will not be held responsible for damages to any concrete or asphalt due to the weight of our trucks&equipment.
10. All County Paving cannot guarantee elimination of standing water.
11. All County Paving assumes no liability for damage to any utilities such as,but not limited to,gas,electric,plumbing,phone,cable,dog fencing,sprinklers and culvert pipes.
12. There will be a charge of$47.50 above the contract amount to dispose of used materials at an approved environmentally compliant waste facility.
13. Due to the fluctuations in the petroleum markets,All County Paving will impose a fuel surcharge.
14. All County Paving will provide a one(1)year warranty,starting on the last day of substantial completion,on materials and workmanship.Normal wear and tear is not covered by this warranty.No
warranties will be honored unless payment is made in full.
South FL.Corporate Office GIVING CUSTOMERS Paving Advisor
'1 SW 1 1
DEVELOPING
P1 LVEMEN11,-, Delray Beach,FL 33444 • 531-9534
TOP COINTRAG
• •
Page 36 of 512
Page 4 of 4
Agenda Item #3.
PUBLIC RECORDS. In accordance with Sec. 119.07011 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 VI LLAG E, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
Page 37 of 512
Agenda Item #3.
"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 aformat
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
Page 38 of 512
Agenda Item #3.
V '111age of T
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 www.tequesta.org
Date: September 23, 2024
To: Jeremy Allen, Village Manager
Through: Marjorie G Craig, PE, Director, Utilities Department
From: David Tinoco, Water Distribution & Stormwater Superintendent
Re: Consider Approval of Only Trees, LLC Estimate for Tree & Mangrove Trimming
Services at Dover Ditch for $5,200
The Utilities Department (UD) recommends approval of the estimate from Only Trees, LLC
for tree and mangrove trimming services at Dover Ditch. The trimming services will ensure
the unimpeded drainage of stormwater from the Jupiter in the Pines neighborhood in
Tequesta. These services will include:
• Cleaning up trees/vegetation growing into or over-hanging the drainage ditch
• Remove small mangrove seedlings/trees from center of the ditch prohibiting proper
drainage
• Pruning or removing cordgrasses growing in center of ditch preventing drainage
• Debris removal
Through an interlocal agreement, stormwater runoff, drainage, and maintenance of Dover
Ditch is shared with the Town of Jupiter (TOJ). The TOJ is responsible for 40% of maintenance
expenses at Dover Ditch with the Village responsible for 60%.
Funding for the tree trimming at Dover Ditch is budgeted and available in the Stormwater Fund
403-250-546.308- Drainage Maintenance— Fiscal Year 2024-2025
Stormwater Fund—Stormwater Division—Account 403-250-546.308— Drainage Maintenance
Budgeted amount: $68.,400
Available amount: $68,400
Expenditure Request: $3,120
Amount remaining after request: $65,280
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Page 39 of 512
Agenda Item #3.
Estimate
xcCREDITEO
Date Estimate No.
a
8/22/2024 14864
PO Box 7144
Jupiter,FL 33468 CONFIDENCE
561-747-8050 Certified Arborist:
Teri Davis FL-6004A
r
Steve Vecchio FL-1097A
, L Brandon McMullen FL-6009A
Customer Name/Address ,.1>1 ����
Leo Erripa FL-9623A
Village of Tequesta Tanner Vecchio FL1 0092A
Public Works ~`- �
136 Bridge Road #
Tequesta, FL 33469 Payment Method Only Trees Rep.
Due on receipt Brandon(772)475-8423
Item Description Location Qty Rate Total
Tree Services Tree Services @ DRAINAGE DITCH T
ADJACENT TO 354 RIVERSIDE
DRIVE, TEQUESTA FL 33469
SCOPE OF WORK: (starting at the river
on West Riverside Drive heading East
to Seabrook Road. )
Mangrove T... Mangrove Service- 5)200.00 5,200.00
1. Clean up any trees/vegetation
growing into or over-hanging the
drainage ditch,
2. Remove small Mangrove
seedlings/trees from center of ditch
prohibiting proper drainage.
3.Prune or remove Cordgrasses
growing in center of ditch preventing
drainage
State of Florida DEP Exemption
#50-137948-002-MA
Arborist Co... Trimming/removals supervised by State
Of Florida Professional Mangrove
Trimmer(PMT)
TERMS:
Debris Complete clean-up and debris removal
is included in this estimate/invoice.
E-mail Thank y
you for our time and Total
y
consideration. We look forward to
onl rees belIsouth.net Digitally signed by Jeremy Allen
yt @ hearing from you soon. J e re my A e n Date:2024.09.12 14:04:24-04'00'
Fax# Signature
561-741-1098 Jeremy Allen,Village Manager
Page 1
Page 40 of 512
Agenda Item #3.
Estimate
ACCREDITieo
Date Estimate No.
8/22/2024 14864
PO Box 7144
Jupiter,FL 33468 CONFIDENCE
561-747-8050 Certified Arborist:
Teri Davis FL-6004A
a
Steve Vecchio FL-1097A
Brandon McMullen FL-6009A
Customer Name/Address
Leo Erripa FL-9623A
Village of TequestaP;4
Tanner Vecchio FL1 0092A
r�.
Public Works ® 'f
136 Bridge Road
Tequesta, FL 33469
Payment Method Only Trees Rep.
Due on receipt Brandon(772)475-8423
Item Description Location Qty Rate Total
Ansi A300 All work performed by Only Trees, LLC
will be in accordance with the American
National Standards Institute (ANSI)
A300 Standard for Tree Care
Operations unless otherwise noted.
W/C Cert. Our Workers Comp. and General
Liability Insurance certificates will be
faxed to you directly from our carrier
upon your request and acceptance of
this proposal.
Signature of... Upon the acceptance please sign this
service agreement and fax or e-mail it
back to our office.
Convenient... For all credit card transactions Only
Trees LLC will assess a 2.75%
non-refundable convenience fee.
E-mail Thank you for your time and
Total $5,200.00
consideration. We look forward to
onlytrees@belIsouth.net hearing from you soon.
Fax# Signature
561-741-1098
Page 2
Page 41 of 512
Agenda Item #3.
PUBLIC RECORDS. In accordance with Sec. 119.07011 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 VI LLAG E, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.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 42 of 512
Agenda Item #3.
"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 aformat
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
Page 43 of 512
Agenda Item #3.
V*111age
ofTequesta
345Tmqmwwta Drive 561-7e8-0700
Tmqueuta, pIL 33469 w"vw.tequesta,.urg
MEMORANDUM
DATE: September 27, 2OI4
TO: Mayor Molly Young, Council Members
FROM. Jeremy Allen, Village Manager
SUBJECT: Florida Green Finance Authority Membership Agreement
Please find attached the Membership Agreement between Florida Green Finance Authority and
the Village of Tequesta for the Property Assessed Clean Energy (PACE) program.
Senate Bill 770 in regards to Florida's PACE Act introduced an amendment establishing that
current contract, agreement, authorization, or inter|oca| agreement between a county or
municipality and a program administrator entered into before July l, 2024, shall continue
without additional action by the county or municipality; however, SB 770 indicates that the
program administrator and any contract, agreement, authorization, or inter|oca| agreement
must be amended to comply with this act.
To comply with existing agreement requirements and the new mandate in Section 9,the Florida
Green Finance Authority recorded a Notice of Compliance and Addendum to Second Amended
and Restated |nter|oca| Agreement Forming the Florida Green Finance Authority as Required
by State Law on July l, 2824. The Party Membership Agreement with the Village was entered
into prior to July l, 2024. It is the Florida Green Finance Authority's position that they are in
compliance with the requirements of all agreement provisions and can therefore continue
operating within the Village of Tequesta in accordance to Florida's amended PACE Act.
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-7GQ'O44Oorby completing our accessibility form: https://bit.ly/3mnfeU4
Page 44Of 512
Agenda Item #3.
FLORIDA
GREEN
Finance Authority
September 19, 2024
VIA U.S. REGULAR MAIL AND EMAIL
Jeremy Allen, 'Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
i-al-lenCcb,te-questa.org
Dear Manager Allen:
The Florida Green Finance Authority("Authority") currently operates its Property Assessed Clean
Energy ("PACE") program within your jurisdiction through the Party Membership Agreement
executed between the Village and Authority in September 2012.
The current Party Membership Agreement generally requires the program be operated pursuant
to applicable law. Section 4 of the underlying Interlocal Agreement to which the Village is a party
provides in part:
By resolution of the governing bodies of the Originating Parties and as
subsequently resolved by the Additional Parties, all powers available to the
Authority under this Agreement and general law, including but not limited to,
Chapters 125, 1637 1661 170, 189 and 197, F.S. may be implemented by the
Authority within the jurisdictional boundaries of all Parties.
Section 34 further states"[i]n the performance of this Agreement, the Parties hereto shall comply
in all material respects with all applicable federal and state laves and regulations and all applicable
county and municipal ordinances and regulations." Section 35 also states [this Interlocal
Agreement shall be governed, construed and controlled according to the laves of the State of
Florida."
Senate Bill 770, codified at chapter 2024-273, Laws of Florida and effective July 1,2024, provides
several amendments to Florida's PACE Act. Section 9 provides:
A current contract, agreement, authorization, or interlocal agreement between a
county or municipality and a program administrator entered into before July 1,
2024, shall continue without additional action by the county or municipality.
However, the program administrator must comply with this act, and any contract,
agreement, authorization, or interlocal agreement must be amended to comply
with this act.
To comply with existing agreement requirements and the new mandate in Section 9, the Authority
recorded the attached Notice of compliance and Addendum to Second Amended and Restated
Interlocal Agreement Forming the Florida Green Finance Authority as Required by State Law
("Notice of compliance") on July 1, 2024 in the official Records of Palm Beach County, Florida at
CFN 20240701800002.
Page 45 of 512
Agenda Item #3.
Given the Party Membership Agreement with the Village was entered into prior to July 1, 2024
and in light of the recorded Notice of Compliance, it is the Authority's position that we are in full
compliance with the requirements of all agreement provisions and Section 9 above and can
therefore continue operating within the Village pursuant to Florida's amended PACE Act.
To ensure that the Village is in full agreement, we request that the Village execute and return the
enclosed Acknowledgement and Agreement via email to mittygdavislawteam.com at your
earliest convenience.
Please feel free to contact me at (561) 586-7116 with any questions or concerns.
Sincerely,
,A 5a&O,-e�-
Amity Barnard
General Counsel
Page 46 of 512
Agenda Item #3.
CIF.IT 0
Prepared by and after 0 jF-iib.13t_K" P G
v recording return to: Rfl�,IL",0 F',Ij- `f J1,Q C1 2 4 11 1Y A-14.
Amity Barnard,Esq. -1y
Davis&Associates. P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach,FL 33407
NOTICE OF COMPLIANCE,,XND ADDENDUM TO
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FORMING'I
FLORIDA GREEN FINANCE AtTTHORITY ASjMQUIRED BY STATE LAW
Section 9 of Senate Bill 770,enacted as Chapter No. 2024-273, Laws of Florida,effective July 1,
2024,requires the Florida Green Finance Authority to amend any contract, agreement, authorization or
interlocal agreement to comply with the new law,As required by state law, this notice shall attach to the
Second Amended and Restated Interlocal Agreement Forn-iing the Florida Green Finance Authority dated
May 9, 2016 and originally recorded at Book 2875)7, Page 0813-0858 of the Official Records of Palm
Beach County,Florida to confu-rn that all references to Section 163.08, Florida Statutes therein shall
hereinafter also include newly enacted Sections 163.081 through 163.087,Florida Statutes. Effective July
1.) 202431 the Florida Green Finance Authority's PACE Program shall comply with newly enacted Sections
163.081 through 163.087, Florida Statutes.
Florida G n iance Authority
',ance Authority
B D�-
y:
(7hai 1Vn
By:
Amity Barnard,LXssUt(ant General'Counsel
n SINY
Page 47 of 512
Agenda Item #3.
oFLORIDA,
GREENI'
- --- Finance Authority
Acknowledgement and Agreement
Dear Florida Green Finance Authority,
This Acknowledgement and Agreement is to confirm that the Village of Tequesta is in receipt of
your correspondence dated September 10, 2024 regarding Senate Bill 770, codified at Chapter
2024-273, Laws of Florida, and effective July 1, 2024.
We hereby confirm our agreement that the Florida Green Finance Authority is in compliance with
what the agreement provides and the requirements of Senate Bill 770 and can continue to operate
its PACE program within the Village pursuant to Sections 163.08 and 163.081-087, Florida
Statutes (Florida's amended PACE Act) without any further action.
❑igitally signed by Jeremy Allen
Jerem AllenDate:2£724.09.23 1 1:57:1 z-Q4'QQ'
Signature: Date:
Title:
Page 48 of 512
Agenda Item #3.
PUBLIC RECORDS. /n accordance with Sec. I19.O7Ol, Florida Statutes CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within e reasonable time in
accordance with access and cost requirements of Chapter ll9, Florida Statutes. A[ONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorne«'s fees and costs
pursuant to Sec. 119.0701, F7orl'da 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.
.F CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119° FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT,� PLEASE CONTACT THE VILLAGE CLERKL RECORDS
CUSTODIAN FOR THE V I L LAG E, AT (561) 768~04401? OR AT
1mcwiIIiams@teguesta.org., OR AT 345 _EQUESTA 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, rnisrnenagernent, misconduct, and abuses.
Page49 of512
Agenda Item #3.
"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 I 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 ("MC"), Web Accessibility Initiative ("WAI"), available at
www.w3.orgZTRZWCAG/."
Page 50 of 512
Agenda Item #3.
AGREEMENT
FOR EMS GRANT FUNDS
THIS AGREEMENT ("the Agreement") is made as of the day of , year , by
and between the Board of County Commissioners, Palm Beach County, a political sub-division of
the State of Florida (herein referred to as "COUNTY"), and the Village of Tequesta, a municipal
corporation of the State of Florida(herein referred to as "MUNICIPALITY").
WITNESSETH
WHEREAS, the Florida Department of Health (DOH), through its Emergency Medical
Services Program, is authorized by Chapter 401, Part II, Florida Statutes, to dispense pre-hospital
emergency medical services grant funds ("EMS Grant") throughout the State to improve and
expand pre-hospital emergency medical services; and
WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the
counties each year to be used by each county for its EMS needs including using the EMS Grant
funds for reimbursement of expenditures of licensed emergency medical service providers; and
WHEREAS, the MUNICIPALITY has requested the COUNTY disburse a portion of the
FY2023-2024 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of Two (2)
CPR Family training packs with CPR Rate Monitors and Stop the Bleed training kits(together
"EMS Equipment"); and
WHEREAS, the MUNICIPALITY agrees to accept said reimbursement for EMS
Equipment under the terms and conditions of the EMS Grant program, the Memorandum of
Agreement for Emergency Medical Services County Grants (DOH MOA) between the COUNTY
and DOH, and this Agreement.
Now, therefore, in consideration of the mutual promises contained herein, COUNTY and
MUNICIPALITY agree as follows:
ARTICLE 1 --RECITALS
The above recitals are true, correct and incorporated herein.
ARTICLE 2—REPRESENTATIVE/MONITORING POSITION
The COUNTY'S rep resentativelAgreement monitor during the terra of this Agreement shall be
Lee Moultrie, ENS Program Manager, whose telephone number is 561-712-6484.
The MUNICIPALITY representative/contact monitor during the tern of the Agreement shall be
Captain Ray Gibiin, whose telephone number is 561-768-0563.
Page 1 of 8
Page 51 of 512
Agenda Item #3.
ARTICLE 3—REIMBURSEMENT OF MUNICIPALITY
The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS
Equipment from the COUNTY'S FY2023-2024 EMS Grant funds in an amount not to exceed Five
Thousand eighty one dollars and twenty six Cents ($5,081.26). The MUNICIPALITY shall
purchase the EMS Equipment and submit the required purchase documentation for reimbursement
as detailed in Article 4. Approved documentation will be processed by the County Finance
Department for payment to the MUNICIPALITY.
ARTICLE 4—GRANT PROGRAM REQUIREMENTS
MUNICIPALITY SHALL:
A. Comply with general requirements of COUNTY and the conditions of the EMS Grant.
B. Submit to the COUNTY Representative on or before April 30, 2025 copies of paid receipts,
invoices, or other documentation acceptable to the Palm Beach County Finance Department to
establish that EMS Equipment was purchased by the MUNICIPALITY. The County's Public
Safety Department Director may extend this deadline, subject to any requirements of the EMS
Grant.
C. Immediately return the purchased EMS Equipment to the COUNTY should the
MUNICIPALITY cease to operate its pre-hospital emergency medical services during the life
of the EMS Equipment.
D. Submit a training report to the COUNTY'S Division of Emergency Management to include a
sign in sheet, date, title and contact number of the persons trained in use and operation of the
EMS Equipment if applicable, by April 30 2025. The County's Public Safety Department
Director may extend this deadline, subject to any requirements of the EMS Grant. This report
shall include all of the necessary training provided for the EMS Equipment. It is the
responsibility of the MUNICIPALITY purchasing the EMS Equipment to provide the training.
The MUNICIPALITY'S failure to satisfactorily complete the training in the timeframe
provided shall constitute a material breach of Agreement. As such, COUNTY may terminate
this Agreement and demand return of the EMS Equipment.
E. The MUNICIPALITY hereby certifies that its request for the EMS Equipment is for an
improvement and expansion of pre-hospital emergency medical services within the
County and will not be used to supplant current levels of expenditures. MUNICIPALITY
agrees to the reimbursement for EMS Equipment under the terms and conditions of the EMS
Grant program, the DOH MOA and this Agreement, and will permit an audit.
F. MUNICIPALITY agrees to comply with all applicable EMS Grant program requirements. To
the extent relevant to MUNICIPALITY's EMS Equipment, MUNICIPALITY agrees to comply
with any obligations imposed on the COUNTY by the EMS Grant program and the DOH MOA
to the extent necessary for the COUNTY to comply with the EMS Grant program and the DOH
MOA, including but not limited to provisions relating to use of EMS Grant funds, reports,
Page 2 of S
Page 52 of 512
Agenda Item #3.
inspections, audits, and procuring, inventorying, insuring and safeguarding equipment. If the
DOH MOA is terminated for any reason, in full or in part relevant to the MUNICIPALITY's
EMS Equipment, the COUNTY may terminate this Agreement upon written notice to the
MUNICIPALITY. If there are any inconsistencies between the DOH MOA and this
Agreement, the DOH MOA will prevail.
ARTICLE 5--LIABILITY
Each party to this Agreement shall be liable for its own actions and negligence. To the extent
permitted by taw, and solely within the limits established by Section 768.28, Florida Statutes, the
MUNICIPALITY agrees to indemnify, defend and hold harmless the COUNTY against any
actions, claims demands, costs or damages arising out of the MUNICIPALITY'S use, care and/or
maintenance of the EMS Equipment, or its acts or omissions that cause the COUNTY to be in
breach or violation of the DOH MOA or the EMS Grant program. This provision does not constitute
consent of either party to be sued by third parties and is not to be construed as a waiver of either
party's sovereign immunity.
ARTICLE 6—AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation under this Agreement, including to reimburse the
MUNICIPALITY under this Agreement, are contingent upon an annual budgetary appropriation
for the purposes hereunder and the availability of FY2023-2024 EMS Grant funds. ongoing costs
for EMS Equipment including, but not limited to, operation, use, maintenance and replacement, is
the responsibility of the MUNICIPALITY and will not be funded under this Agreement or the EMS
Grant program.
ARTICLE 7—.REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary
to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
No provision of this Agreement is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Agreement, including
but not limited to any citizen or employees of the COUNTY and/or the MUNICIPALITY.
ARTICLE 8—ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
Page 3 of 8
Page 53 of 512
Agenda Item #3.
ARTICLE 9—ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least five (5) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPALITY'S place of business. palm Beach County has established the Office
of the Inspector General in Palm Beach County Code, Section 2-42 I - 2-440, as may be amended.
The Inspector General's authority includes but is not limited to the power to review past, present
and proposed County contracts, transactions, accounts and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its
officers, agents, employees, and lobbyists in order to ensure compliance with Agreement
requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or
interfering with or impeding any investigation shall be in violation of Palm Beach County Code,
Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same
manner as a second degree misdemeanor.
ARTICLE 10—NONDISCRIMINATION
The COtTNTY is committed to assuring equal opportunity in the award of contracts and complies
with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770,
as may be amended, the MUNICIPALITY warrants and represents that throughout the term of the
Agreement, including any renewals thereof, if applicable, all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic
information. Failure to meet this requirement shall be considered default of the Agreement.
ARTICLE 11 —AUTHORITY TO PRACTICE
The MUNIC IPA LITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct pre--hospital emergency medical services during the life
of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's
representative upon request.
ARTICLE 12--SEVERABILITY
If any term or provision of this Agreement,or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 13 - SURVIVABILITY
Any provision of this Agreement that is of a continuing nature, or which by its language or
Page 4of8
Page 54of512
Agenda Item #3.
nature imposes an obligation or right that extends beyond the term of this Agreement, shall
survive the expiration or earlier termination of this Agreement.
ARTICLE 14—NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested,
hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY,
notices shall be addressed to:
Lee Moultrie, Emergency Program Coordinator
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Palm Beach County Attorney's Office
301 North Olive Ave.
West Palm Beach, Florida 33401
If sent to the MUNICIPALITY, notices shall be addressed to:
Ray G iblin, Captain
357 Tequesta Dr.
Tequesta, FL 33469
ARTICLE 15—INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes,
(the"Statute"), the MUNICIPALITY represents that it is self--insured with coverage subject to the
limitations of the Statute, as may be amended. If MUNICIPALITY is not self-insured,
MUNICIPALITY shall, at its sole expense, purchase and maintain in frill force and effect at all
times during the life of this Agreement, insurance coverage at limits not less than those contained
in the Statute.
Should MUNICIPALITY purchase excess liability coverage, MUNICIPALITY agrees to include
COUNTY as an Additional Insured. The MUNICIPALITY agrees to maintain or to be self-insured
for workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should
MUNICIPALITY contract with a third-party (Contractor) to perform any service related to the
Agreement, MUNICIPALITY shall require the Contractor to provide the following minimum
insurance:
Commercial General Liability insurance with minimum limits of $1,000,000 combined
single limit for property damage and bodily injury per occurrence and $2,000,000 per
aggregate. Such policy shall be endorsed to include MUNICIPALITY and COUNTY as
Additional Insureds. MUNICIPALITY shall also require that the Contractor include a
Waiver of Subrogation against COUNTY.
Page 5 of S
Page 55 of 512
Agenda Item #3.
• Business Automobile Liability insurance with minimum limits of $1,000,000 combined
single limits for property damage and bodily injury per occurrence.
* workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and
which shall include coverage for Employer's Liability with minimum limits of$1,000,000
each accident.
When requested, the MUNICIPALITY shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not
relieve the MUNICIPALITY of its liability and obligations under this Agreement.
ARTICLE 16—ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire Agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 17--EFFECTIVE DATE
The term of this Agreement is June 1, 2024 through April 30, 2025.
ARTICLE 18— E-VERIFY - EMPLOYMENT ELIGIBILITY
Each party warrants and represents that it is in compliance with section 448.095, Florida Statutes,
as may be amended. Each party has registered with and uses,and shall continue to use,the E-Verify
System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired
employees. If either party has a goad faith belief that the other party has knowingly violated Section
448.09(l), Florida Statutes, as may be amended, said party shall terminate this Agreement with the
violating party.
ARTICLE 19--PUBLIC RECORDS
Both parties shall comply with Florida's public records laws.
ARTICLE 20 — DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH
FOREIGN COUNTRIES OF CONCERN.
Pursuant to Section 286.101,Florida Statutes, as may be amended, by entering into this Agreement
or performing any work in furtherance thereof, the MUNICIPALITY certifies that it has disclosed
any current or prior interest of, any contract with, or any grant or gift received from a foreign
country of concern where such interest, contract,or grant or gift has a value of$50,000 or more and
such interest existed at any time or such contract or grant or gift was received or in force at any
time during the previous five(5) years.
Page 6 of 8
Page 56 of 512
Agenda Item #3.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 7 of 8
Page 57 of 512
Agenda Item #3.
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
approve and execute this Agreement on the date first wn'tten above_
PALMBEACH COUNTY, FLORIDA, VILLAGE OF TEQUESTA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
( or
Verdenia C. Baker, County Administrator Jerdy Allen'.Villae Manager
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APPROVED AS TO FORM APPROVE R
AND LEGAL SUFFICIENCY AND LE IENC
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APPROVED AS TO TERMS APPR;ED AS TO TERMS
AND CONDITIONS AND CONDITIONS
By: By:
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Page 8 of 8
Page 58 of 512
Agenda Item #3.
AGREEMENT
FOR EMS GRANT FUNDS
THIS AGREEMENT ("the Agreement") is made as of the day of , year , by
and between the Board of County Commissioners, Palm Beach County, a political sub-division of
the State of Florida (herein referred to as "COUNTY"), and the Village of Tequesta, a municipal
corporation of the State of Florida(herein referred to as "MUNICIPALITY").
WITNESSETH
WHEREAS, the Florida Department of Health (DOH), through its Emergency Medical
Services Program, is authorized by Chapter 401, Part II, Florida Statutes, to dispense pre-hospital
emergency medical services grant funds ("EMS Grant") throughout the State to improve and
expand pre-hospital emergency medical services; and
WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the
counties each year to be used by each county for its EMS needs including using the EMS Grant
funds for reimbursement of expenditures of licensed emergency medical service providers; and
WHEREAS,the MUNICIPALITY has requested the COUNTY disburse a portion of the
FY2023-2024 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of Two (2)
CPR Family training packs with CPR lute Monitors and Stop the Bleed training kits(together
"EMS Equipment"); and
WHEREAS, the MUNICIPALITY agrees to accept said reimbursement for EMS
Equipment under the terms and conditions of the EMS Grant program, the Memorandum of
Agreement for Emergency Medical Services County Grants (DOH MOA) between the COUNTY
and DOH, and this Agreement.
Now, therefore, in consideration of the mutual promises contained herein, COUNTY and
MUNICIPALITY agree as follows
ARTICLE 1 —RECITALS
The above recitals are true, correct and incorporated herein.
ARTICLE 2—REPRESENTATIVE/MONITORING POSITION
The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be
Lee Moultrie, EM Program Manager, whose telephone number is 561-712-6484.
The MUNICIPALITY representative/contact monitor during the term of the Agreement shall be
Captain Ray Giblin, whose telephone number is 561--768-0563.
Page I of 8
Page 59 of 512
Agenda Item #3.
ARTICLE 3—REIMBURSEMENT OF MUNICIPALITY
The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS
Equipment from the COUNTY'S FY2023--2024 EMS Grant funds in an amount not to exceed Five
Thousand eighty one dollars and twenty siX cents ($5,081.26). The MUNICIPALITY shall
purchase the EMS Equipment and submit the required purchase documentation for reimbursement
as detailed in Article 4. Approved documentation will be processed by the County Finance
Department for payment to the MUNICIPALITY.
ARTICLE 4—GRANT PROGRAM REQ IREMENTS
MUNICIPALITY SHALL:
A. Comply with general requirements of COUNTY and the conditions of the EMS Grant.
B. Submit to the COUNTY Representative on or before April 30, 2025 copies of paid receipts,
invoices, or other documentation acceptable to the Palm Beach County Finance Department to
establish that EMS Equipment was purchased by the MUNICIPALITY. The County's Public
Safety Department Director may extend this deadline, subject to any requirements of the EMS
Grant.
C. Immediately return the purchased EMS Equipment to the COUNTY should the
MUNICIPALITY cease to operate its pre-hospital emergency medical services during the life
of the EMS Equipment,
D. Submit a training report to the COUNTY'S Division.. of Emergency Management to include a
sign in sheet, date, title and contact number of the persons trained in use and operation of the
EMS Equipment if applicable, by April 30 2025. The County's Public Safety Department
Director may extend this deadline, subject to any requirements of the EMS Grant. This report
shall include all of the necessary training provided for the EMS Equipment. It is the
responsibility of the MUNICIPALITY purchasing the EMS Equipment to provide the training.
The MUNICIPALITY'S failure to satisfactorily complete the training in the timeframe
provided shall constitute a material breach of Agreement. As such, COLTNTY may terminate
this Agreement and demand return of the EMS Equipment.
E. The MUNICIPALITY hereby certifies that its request for the EMS Equipment is for an
improvement and expansion of pre-hospital emergency medical services within the
County and will not be used to supplant current levels of expenditures. MUNICIPALITY
agrees to the reimbursement for EMS Equipment under the terms and conditions of the EMS
Grant program, the DOH MOA and this Agreement, and will permit an audit.
F. MUNICIPALITY agrees to comply with all applicable EMS Grant program requirements. To
the extent relevant to M UN IC IPAL ITY's EMS Equipment, MUNICIPALITY agrees to comply
with any obligations imposed on the COUNTY by the EMS Grant program and the DOH MOA
to the extent necessary for the COUNTY to comply with the EMS Grant program and the DOH
MOA, including but not limited to provisions relating to use of EMS Grant funds, reports,
Page 2 of 8
Page 60 of 512
Agenda Item #3.
inspections, audits, and procuring, inventorying, insuring and safeguarding equipment. If the
DOH MOA is terminated for any reason, in full or in part relevant to the MUNICIPALITY's
EMS Equipment, the COUNTY may terminate this Agreement upon written notice to the
MUNICIPALITY. If there are any inconsistencies between the DOH MOA and this
Agreement, the DOH MOA will prevail.
ARTICLE 5—LIABILITY
Each party to this Agreement shall be liable for its own actions and negligence. To the extent
permitted by law, and solely within the limits established by Section 768.28, Florida Statutes, the
MUNICIPALITY agrees to indemnify, defend and hold harmless the COUNTY against any
actions, clams demands, costs or damages arising out of the MUNICIPALITY'S use, care and/or
maintenance of the EMS Equipment, or its acts or omissions that cause the COUNTY to be in
breach or violation of the DOH MOA or the EMS Grant program. This provision does not constitute
consent of either party to be sued by third parties and is not to be construed as a waiver of either
party's sovereign immunity,
ARTICLE 6--AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation under this Agreement, including to reimburse the
MUNICIPALITY under this Agreement, are contingent upon an annual budgetary appropriation
for the purposes hereunder and the availability of FY2023-2024 EMS Grant funds. ongoing costs
for EMS Equipment including, but not limited to, operation, use, maintenance and replacement, is
the responsibility of the MUNICIPALITY and will not be funded under this Agreement or the EMS
Grant program.
ARTICLE 7—.REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary
to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
No provision of this Agreement is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Agreement, including
but not limited to any citizen or employees of the COUNTY and/or the MUNICIPALITY.
ARTICLE S—ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
Page 3 of S
Page 61 of 512
Agenda Item #3.
ARTICLE 9—ACCESS.AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least five (5) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPALITY'S place of business. Palm Beach County has established the Office
of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended.
The Inspector General's authority includes but is not limited to the power to review past, present
and proposed County contracts, transactions, accounts and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its
officers, agents, employees, and lobbyists in order to ensure compliance with Agreement
requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or
interfering with or impeding any investigation shall be in violation of Palm Beach County Code,
Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same
manner as a second degree misdemeanor.
ARTICLE 10—NONDISCRIMINATION
The COUNTY is committed to assuring equal opportunity in the award of contracts and complies
with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770,
as may be amended, the MUNICIPALITY warrants and represents that throughout the term of the
Agreement, including any renewals thereof, if applicable, all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry,marital status, familial status, sexual orientation, gender identity or expression, or genetic
information. Failure to meet this requirement shall be considered default of the Agreement.
ARTICLE 11 —AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct pre-hospital emergency medical services during the life
of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's
representative upon request.
ARTICLE 12—SEVERABILITY
If any term or provision of this Agreement,or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 13 -SURVIVABILITY
Any provision of this Agreement that is of a continuing nature, or which by its language or
Page 4 of 8
Page 62 of 512
Agenda Item #3.
nature imposes an obligation or right that extends beyond the term of this Agreement, shall
survive the expiration or earlier termination of this Agreement.
ARTICLE 14—NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested,
hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY,
notices shall be addressed to:
Lee Moultrie, Emergency Program Coordinator
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Palm Beach County Attorney's office
301 North olive Ave.
West Palm Beach,Florida 33401
If sent to the MUNICIPALITY, notices shall be addressed to:
Ray G iblin, Captain
357 Tequesta Dr,
Tequesta, FL, 33469
ARTICLE 15—INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes,
(the"Statute"), the MUNICIPALITY represents that it is self-insured with coverage subject to the
limitations of the Statute, as may be amended. If MUNICIPALITY is not self-insured,
MUNICIPALITY shall, at its sole expense, purchase and maintain in fiill force and effect at all
times during the life of this Agreement, insurance coverage at limits not less than those contained
in the Statute.
Should MUNICIPALITY purchase excess liability coverage, MUNICIPALITY agrees to include
COUNTY as an Additional Insured. The MUNICIPALITY agrees to maintain or to be self-insured
for Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should
MUNICIPALITY contract with a third-party (Contractor) to perform any service related to the
Agreement, MUNICIPALITY shall require the Contractor to provide the following minimum
insurance:
* Commercial General Liability insurance with minimum limits of $1,000,000 combined
single limit for property damage and bodily injury per occurrence and $2,000,000 per
aggregate. Such policy shall be endorsed to include MUNICIPALITY and COUNTY as
Additional Insureds. MUNICIPALITY shall also require that the Contractor include a
Waiver of Subrogation against COUNTY.
Page 5 of S
Page 63 of 512
Agenda Item #3.
• Business Automobile Liability insurance with minimum limits of $1,000,000 combined
single limits for property damage and bodily injury per occurrence.
• Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes., and
which shall include coverage for Employer's Liability with minimum limits of$1,000,000
each accident.
When requested, the MUNICIPALITY shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not
relieve the MUNICIPALITY of its liability and obligations under this Agreement.
ARTICLE 16--ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire Agreement
between the parties,and that there are no promises or understandings other than those stated herein.
Done of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 17—EFFECTIVE DATE
The term of this Agreement is June 1, 2024 through April 30, 2025.
ARTICLE 18—E-VERIFY - EMPLOYMENT ELIGIBILITY
Each party warrants and represents that it is in compliance with section 448.095, Florida Statutes,
as may be amended. Each party has registered with and uses,and shall continue to use,the E-Verify
System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired
employees. If either party has a good faith belief that the other party has knowingly violated Section
448.09(l), Florida Statutes, as may be amended, said party shall terminate this Agreement with the
violating party.
ARTICLE 19—PUBLIC RECORDS
Both parties shall comply with Florida's public records lags.
ARTICLE 20 — DISCLOSURE OF FOREIGN GIFTS AND CONTRACTS WITH
FOREIGN COUNTRIES OF CONCERN.
Pursuant to Section 286.101, Florida Statutes,as may be amended, by entering into this Agreement
or performing any work in furtherance thereof, the MUNICIPALITY certifies that it has disclosed
any current or prior interest of, any contract with, or any grant or gift received from a foreign
country of concern where such interest, contract,or grant or gift has a value of$50,000 or more and
such interest existed at any time or such contract or grant or gift was received or in force at any
time during the previous five(5) years.
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Page 64of512
Agenda Item #3.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Page 65 of 512
Agenda Item #3-
IN WITNESS WHEREOF, the parties through their duly authorized representatives do hereby
approve and execute this Agreement on the date first written above.
PALM BEACH COUNTY, FLORIDA, VILLAGE OF TEQUESTA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By. 0'�-v AnMA���
Verdenia C. :Baker, County Administrator J my Allen, ' 'Jage Manager
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By: By:
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Page 66 of 512