HomeMy WebLinkAboutAgreement_General_10/28/2024_Palm Beach State College G�OP ral
RES�'Q
VILLAGE OF TEQUESTA
TEQUESTA FIRE-RESCUE
MEMORANDUM
FILE NO. Admin. 25-10
DATE: November 22, 2024
TO: Jeremy Allen, Village Manager
FROM: Chief James Trube )J-
SUBJECT: Sale of 1994 Su en Aerial Platform to Palm Beach State College
On June 8, 2023, The Village Council approved the surplus and sale of the Fire
Department's 1994 Sutphen Aerial Tower Fire Truck. We received an offer from Palm
Beach State College which would allow the fire department to receive the value of
$35,000 in Training credits in exchange for the Fire Truck. Please find the attached
Vehicle Purchase Agreement for the 1994 Sutphen Aerial Platform Fire Truck along with
the Training Agreement from Palm Beach State College for approval. Thank you.
1 1
VILLAGE OF TEQUE STA
AGREEMENT FOR THE SALE OF
1994 SUTPHEN AERIAL PLATFORM
THIS VEHICLE PURCHASE AGREEMENT is entered into and effective this
28' day of October,2024(the "Effective Date"), by and between the VILLAGE OF TEQUESTA,
a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida
33469, organized and existing in accordance with the laws of the State of Florida, hereinafter the
"Seller"; and Palm Beach State College, a Florida Public University, with offices located at, 4200
Congress Avenue Lake Worth, FL 33461 hereinafter the "Buyer" and collectively with the Village,
the "Parties".
WITNESSETH
The Seller and Buyer, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. DESCRIPTION OF GOODS: The Parties hereby agree to enter into this
Agreement whereby the Seller shall transfer to the Buyer a 1994 Sutphen Aerial Platform VIN#
1 S9A4KFE8R1003005, hereinafter the "Vehicle" pursuant to all applicable statutory, licensing
and Village code requirements.
2. COMPENSATION: In consideration for the Vehicle as described above the
Buyer shall provide to the Seller thirty-five thousand ($35,000.00) dollars in educational credit
redeemable at any of Palm Beach State College's facilities for staff training purposes and as more
particularly described in "Exhibit A" to this agreement. Such credits shall remain valid and
redeemable for five years following execution of this agreement.
4. DELIVERY, RISK OF LOSS: Buyer shall collect the Vehicle within fourteen
(14)days following the execution date of this agreement. All right title, and interest in the Vehicle
and miscellaneous onboard accessories as detailed on attached "Exhibit B" shall pass upon
delivery from the Seller to Buyer. Seller shall sign over and execute title in Buyer's name. The
Seller
Page 1 of7
assumes responsibility for the Goods, and all risk of damage, loss, or delay of the Goods until the
Goods are collected by the Buyer. Once the Vehicle has been collected by the Buyer, the Buyer
assumes all responsibility for and risk of damage to the Vehicle.
5. ACCEPTANCE "AS IS": Buyer has already had an opportunity to inspect the
Vehicle, is aware of and accepts the Vehicle's condition including existing maintenance issues,
and agrees to accept the Vehicle in an "as is" condition. The seller makes no(and hereby disclaims
any and all)oral or written warranties either express or implied as to the condition of the vehicle,
its merchantability, its fitness, or suitability for any particular purpose. Buyer agrees that regardless
of cause, Seller is not responsible for, and Buyer will not make any claim against Seller for any
damages, losses, or expenses whether consequential, direct, special, or indirect.
6. NOTICE: Notice shall be considered sufficient when given in writing to the
following addresses:
Seller Buyer
Village of Tequesta Palm Beach State College
345 Tequesta Drive David Hamel
Tequesta, FL 33469-0273 hameld@palmbeachstate.edu
jtrube@tequesta.org
8. INDEMNIFICATION: The Buyer shall at all times indemnify, defend and hold
harmless the Village, its agents, servants, and employees, from and against any claim, demand, or
cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct,
or misconduct of the Seller, its agents, servants, or employees in the delivery of the Goods under this
Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the
Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section
768.28, Florida Statutes.
9. WARRANTIES AND REPRESENTATIONS: The parties to this agreement
hereby warrant that:
(a) The Buyer has the requisite power and authority to execute and deliver this Agreement
and to perform its obligations hereunder;
Page 2 of7
(b) The Seller is the true and lawful owner of the Goods conveyed by this Agreement and has
full power to convey such goods, and the title so conveyed is free, clear, and
unencumbered; and
10. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,Florida
Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Buyer
certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder,
have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within thirty-six (36) months immediately preceding the date hereof. This
notice is required by Section 287.133(3)(a), Florida Statutes.
11. INSPECTOR GENERAL: 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 swom
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 to detect, deter, prevent,
and eradicate fraud, waste, mismanagement, misconduct, and abuses.
12. E-VERIFY ELIGIBILITY: The Buyer warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
2021,the Seller shall: (1)register with and use the E-Verify System (E-Verify.gov)to electronically
verify the employment eligibility of all newly hired workers, and (2) verify that all of the Buyer's
subconsultants performing the duties and obligations of this Agreement are registered with and use
the E-Verify System to electronically verify the employment eligibility of all newly hired workers.
The Seller shall obtain from each of its sub-consultants an affidavit stating that the sub-consultant
does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in
Section 448.095(1)(k), Florida Statutes, as may be amended. The Buyer shall maintain a copy of
any such affidavit from a sub-consultant for, at a minimum, the duration of the subcontract and any
extension thereof. This provision shall not supersede any provision of this Agreement that requires
a longer retention period. The Village shall terminate this Agreement
Page 3 of7
if it has a good faith belief that the Seller has knowingly violated Section 448.09(1),Florida Statutes,
as may be amended. If the Buyer has a good faith belief that the Seller's subconsultant has
knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify
the Buyer to terminate its contract with the sub-consultant and the Seller shall immediately terminate
its contract with the sub-consultant. In the event of such contract termination,the Seller shall be liable
for any additional costs incurred by the Village as a result of the termination.
13. SCRUTINIZED COMPANIES: For Contracts under $1M, the Buyer certifies
that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village may
terminate this Agreement at the Village's option if the Buyer is found to have submitted a false
certification as provided under Section 287.135(5), Florida Statutes, if the Buyer has been placed
on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes, or if Seller is engaged in a boycott of Israel. For Contracts over$1 M, the Buyer
certifies that it is not on the Scrutinized Companies with Activities in Sudan List,the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies
that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Buyer further
certifies that it is not engaged in a boycott of Israel and that it does not have business operations
in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may
terminate this Agreement at the Village's option if the Buyer is found to have submitted a false
certification as provided under Section 287.135(5), Florida Statutes or if the Buyer has been placed
on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes.
Additionally, the Village may terminate this Agreement at the Village's option if the Buyer is
engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as
defined in Section 287.135, Florida Statutes.
14. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing parry shall be awarded attorney's fees, including fees on appeal.
15. FORCE MAJEURE: The Seller shall not be considered in default by reason of any
failure in performance under this Agreement if such failure arises out of causes reasonably beyond
the control of the Seller or its subcontractors and without their fault or negligence. Such causes include
but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes;
freight embargoes; and abnormally severe and unusual weather conditions.
Page 4 of7
16. CHOICE OF LAW: VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
17. WAIVER OF JURY TRIAL: Buyer agrees and desires to avoid the time an expense
related to a jury trial of any dispute under this agreement. Therefore, both parties hereby waive
any right to a jury trial with respect to any controversy between the parties. The parties
acknowledge this waiver is knowingly, freely, and voluntarily given, is desired by both parties
and is in the best interest of both parties.
18. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both Parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and
attached hereto as an addendum to this Agreement.The Buyer shall not transfer or assign the provision
of the Goods called for in this Agreement without the prior written consent of the Village.
19. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes,
the Buyer must keep and maintain this Agreement and any other records associated therewith and that
are associated with the delivery of the Goods as described above. Upon request from the Village's
custodian of public records, the Buyer 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 Buyer 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 Section 119.0701, Florida Statutes, and other
penalties under Section 119.10,Florida Statutes. Further,the Buyer shall ensure that any exempt or
confidential records associated with this Agreement or associated with the delivery of the Goods
contemplated herein are not disclosed except as authorized by law for the duration of the Agreement
term, and following completion of the Agreement if the Buyer does not transfer the records to the
Village. Finally,upon completion of the Agreement,the Buyer shall transfer,at no cost to the Village,
all public records in possession of the Buyer, or keep and maintain public records required by the
Village. If the Buyer transfers all public records to the Village upon completion of the Agreement,
the Buyer shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Seller keeps and maintains public records upon
completion of the Agreement, the Buyer shall meet
Page 5 of7
all applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE BUYER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BUYER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE
CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN
FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliamskteguesta.org, OR
AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
20. HEADINGS: The headings contained in this Agreement are provided for convenience
only and shall not be considered in construing, interpreting, or enforcing this Agreement.
21. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this Agreement
and this Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision is not contained herein.
22. WAIVER: No waiver by the Village of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Buyer
of the same,or any other provision or the enforcement hereof. The Village's consent to or approval
of any act requiring the Village's consent or approval of any act by the Buyer shall not be
deemed to render unnecessary the obtaining of the Village's consent to or approval of any
subsequent consent or approval of, whether or not similar to the act so consented or approved.
23. ENTIRE AGREEMENT: This nine-page Agreement constitutes the entire agreement
between the parties; no modification shall be made to this Agreement unless such modification is
in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement.
24. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of
either Party individually warrants that he or she has the full legal power to execute this agreement
Page 6 of7
on behalf of the Party for whom he or she is signing and bind and obligate such party with respect
to all provisions contained in this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: PALM BEACH STATE COLLEGE
1 "YV C/wy��'
David Choinacki(0 28,2024 14:08 EDT)
David Chojnacki,Assistant Procurement Director By (Print Name): Jennifer Alvarez, Procurement Director
Lawe;i Czencz
Lauren Czencz(Oct 28,2024 14:04 EDT) (Corporate Seal)
Lauren Czencz,Procurement Contracts Manager
VILLAGE OF TEQUESTA
— "�J'
ATTEST: By. eremy Al' , Village Manager
,0 F „., ,,,,,,,
(Seal)
Lori McWilliams, MMC =� SEAL
Village Clerk = INCORPORATED.•'
Page 7 ot7
FXHH31T A]
I
Palm Beach State College
0 R Fire Advanced Trainin PALM BEACH STATE
g COLLEGE
Proposal
Customer: Tequesta Fire Rescue Contact: David Hamel
Contact: Chief Trube 561-868-3833
357 Tequesta Dr,Tequesta FL
Address: 33469 hameld@palmbeachstate.edu
Date of Request: 27 June, 2024 Project Name: T85 proposal
Proposal Description:
Tequesta Fire Rescue has for sale a 1994, 90-foot Sutphen aerial device. Palm Beach State Fire Academy
has need of this apparatus for delivery of our programs. We propose an exchange of training hours, in
lieu of cash, for the purchase of the above apparatus. We believe this will be mutually beneficial and
help support training of firefighters throughout our county. Details of our proposal are as follows:
Asking price:
$35,000
Proposed training exchange:
$35,000
Palm Beach State Fire Academy will provide subject matter experts for delivery of customized training
designed specifically for Tequesta Fire Rescue personnel and/or inclusion of Tequesta Fire Rescue
personnel in our certificate courses (see attached fee schedule}. There are other opportunities
throughout the year that do not appear on the fee schedule, but would be included, i.e. "Command
Academy". The custom training could be delivered at Tequesta's fire station, as we have done
previously, to eliminate the need to pay personnel overtime. Additionally, Palm Beach State Fire
Academy could provide live fire training evolutions, at a rate of$1800/four-hour session, at our facility
(includes instructors and consumables). We propose that this exchange happen over the course of three
years, though the use of the "training credit" need not be used equally each year.
Location: 357 Tequesta Dr,Tequesta FL and PBSCFA (Lake Worth campus}
Dates: TBA
EXHIBIT A
Tequesta Fire Rescue has for sale a 1994, 90-foot Sutphen aerial device. Palm Beach State Fire Academy has need of
this apparatus for delivery of our programs. We propose an exchange of training hours, in lieu of cash, for the purchase of
the above apparatus. We believe this will be mutually beneficial and help support training of firefighters throughout our
county. Details of our proposal are as follows:
Palm Beach State Fire Academy will provide subject matter experts for delivery of customized training designed specifically
for Tequesta Fire Rescue personnel (see sample fee schedule below) and/or inclusion of Tequesta Fire Rescue personnel
in our certificate courses. The custom training could be delivered at Tequesta's fire station, as we have done previously, to
eliminate the need to pay personnel overtime. Please see Example Training Schedule below. We propose that this
exchange happen over the course of three years,though the use of the"training credit"need not be used equally each
year. Use of Training Credit will be tracked by PBSC Fire Academy and recorded on a spreadsheet. Tequesta will be
provided a quotation for each training session request that will detail the cost of the training as well as the training credit
"balance".
Training Topic cost Max number of students
live FiireExcercises $1800/halfday 12/day
Engine Operations $952/fulI day 12/day
Truck Operations $952/fulI day 12/day
STAR $475.75head 18/course
Command and Control $3,353/course 24/course
Fbpe Fescue Ops Level $449.75/head 18/course
Rope Fescue Tech Level $449.75/head 18/course
Confined Space Ops Level $189.75/head 18/course
Confined Space Tech Level $189.75/head 18/course
Structural Col lapse Ops Level $454.75/head 18/course
Structural Collapse Tech Level $1,194.75/head 18/course
Trench Ops Level $264.75/head 18/course
Trench Tech Level $194.75/head 18/course
MVIROps Level $479.751head 18/course
\Rv2Tech Level $479.75/head 18/course
Hydraulics $244.75/head 24/course
Apparatus $264.751head 12/course
Aerial Operations $414.75thead 12/course
Chemistry ofHazMat $204.75thead 18/course
Haz-Mat I $204.751head 18/course
Haz-Mat II $239.75thead 18/course
Fiaz-Mat III $239.751head 18/course
Live FireTraini ng Instructor $349.75thead 18/course
Example Trairirgcalendar
2025
January Livefire(31/2 days) $5,400
February
March Command and Control $3,353
April
May Engne Ops(3days) $2,856
June
July
August
September
October
November
December
Annual Total $11,609
[EXHIBIT B]
Village of Tequesta
Department of Fire-Rescue Services
�OFr
357 Tequesta Drive 561-768-0500
Tequesta, FL 33469 *;{ ;';* ***.tequesta.org
,qB RES�'J
James Trube, Fire Chief
July 25, 2024
List of equipment included in the sale of the 1994 Sutphen Aerial Platform.
All equipment (listed below) is included in the sale as is.
1. 4 Hard Hats
2. 2 SCBA Masks
3. 2 12', 8', and 6', Pike poles
4. 1 14' A-Frame ladder
5. 2 16' ladders
6. 1 24' ladder
7. 1 35' ladder
8. 1 10' Roof ladder and pike pole
9. 2 pike poles
10. 1 stokes basket
11. 1 Broom
12. 1 Generator Honda EM 5000 s
13. 4 Light boxes
14. 4 light towers and lights
15. 1 Jack
16. 100' of 2.5" hose
17. 1,450' 1 3/4 hose
18. 1 Water can
19. 1 CO2 Extinguisher
20. 1 Dry Chem Extinguisher
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:
********bit.ly/3mnfeU4
Vehicle Sale Agreement - 1994 SUTPHEN
AERIAL PLATFORM (WSS 726)
Final Audit Report 2024-11-01
Created: 2024-10-28
By: Lauren Czencz(czenczl@palmbeachstate.edu)
Status: Signed
Transaction ID: CBJCHBCAABAA7Fg5y7j5UG7EeXTCp4t6U2yWdX7FXDYM
"Vehicle Sale Agreement - 1994 SUTPHEN AERIAL PLATFOR
M (WSS 726)" History
,5 Document created by Lauren Czencz (czenczl@palmbeachstate.edu)
2024-10-28-6:02:36 PM GMT-IP address:67.191.123.96
be Document e-signed by Lauren Czencz(czenczl@palmbeachstate.edu)
Signature Date:2024-10-28-6:04:51 PM GMT-Time Source:server-IP address:67.191.123.96
E! Document emailed to David Chojnacki (chojnacd@palmbeachstate.edu)for signature
2024-10-28-6:04:54 PM GMT
da Document e-signed by David Chojnacki (chojnacd@palmbeachstate.edu)
E-signature hosted by Lauren Czencz(czenczl@palmbeachstate.edu)
Signature Date:2024-10-28-6:08:22 PM GMT-Time Source:server-IP address:76.244.170.145
E-4' Document emailed to Jennifer Alvarez (alvarezj@palmbeachstate.edu)for signature
2024-10-28-6:08:27 PM GMT
Email viewed by Jennifer Alvarez (alvarezj@palmbeachstate.edu)
2024-10-28-6:15:02 PM GMT-IP address:73.138.203.239
6a Document e-signed by Jennifer Alvarez (alvarezj@palmbeachstate.edu)
Signature Date:2024-11-01 -5:47:13 PM GMT-Time Source:server-IP address:73.138.203.239
Agreement completed.
2024-11-01 -5:47:13 PM GMT
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PALM BEACH STATE
COLLEGE
Training Agreement
This AGREEMENT made and entered into on October 22, 2024, between the PALM BEACH STATE
COLLEGE AND PALM BEACH STATE COLLEGE DISTRICT BOARD OF TRUSTEES hereinafter referred to
as "COLLEGE" and The Village of Tequesta hereinafter referred to as "BUSINESS" enter into this Training
Agreement, effective on the date this Agreement is executed by both parties below and mutually agree to as follows:
The BUSINESS hereby engages the COLLEGE for professional development training services provided by
the COLLEGE and the BUSINESS agrees to the terms and conditions set forth herein:
The COLLEGE shall:
1. Undertake the provision of training as an independent contractor and shall be wholly responsible for the
methods of training. The BUSINESS shall have no right to supervise the methods used, but the
BUSINESS shall have the right to observe such training. COLLEGE shall work closely with the
BUSINESS in production of training under this Agreement.
2. Comply with applicable regulatory and other applicable requirements including federal, state,and local
laws,rules,regulations,orders,codes, criteria,and standards.
3. Maintain worker's compensation and general liability insurance in accordance with Florida Statute
768.28 throughout the duration of the training.
4. Deliver all services as stated in attached Scope of Services.
5. Provide a fully qualified and certified trainer.
The BUSINESS shall:
1. Submit necessary paperwork to be an approved COLLEGE customer.
2. Pay the COLLEGE as stated in Scope of Services upon invoicing by COLLEGE.
3. Provide participant enrollment,notification,and registration when applicable.
Provide appropriate training facilities and media equipment at either COLLEGE or BUSINESS site as
required in Scope of Services.
4. Not resell or permit or participate or in the resale of any course materials provided by COLLEGE.
5. Not record any training sessions without the express written consent of COLLEGE.
6. Provide the COLLEGE with a copy of its current Certificate of Insurance listing Palm Beach State
College and Palm Beach State College District Board of Trustee's as additional insured.The COLLEGE
should be listed as follows:
Palm Beach State College and Palm Beach State College District Board of Trustees
4200 Congress Avenue
Lake Worth,Florida 33461
Cancellation and Breach:
Either party may cancel this Agreement without obligation by providing thirty (30) days' written notice prior to the
scheduled performance date. However, if the COLLEGE terminates the Agreement for convenience within thirty
(30)days of the scheduled training,the following provisions will apply:
1. Recourse for the BUSINESS:
o In the event the COLLEGE terminates for convenience,the BUSINESS shall either:
■ Receive a cash payment equivalent to the value of any remaining,unused training credits,as
outlined in the Scope of Services; OR
■ Negotiate a mutually agreed-upon alternative form of compensation, such as other services
or equipment.
2. Value of Training Credit:
20242210PBSCandVillageoff equestaTrainingAgreementGJD
> The value of training credits will be based on the rates provided in Exhibit A, Upon termination,the
remaining balance of unused credits will be calculated and paid to the BUSINESS within thirty(30)
days of receiving,the termination notice.
3. Effect of Cash PRyment.
o If the COLLEGE opts to provide a cash payment for the unused training credits, this payment will
constitute full and final settlement of the training obligations under this Agreement_ Once the
payment is made, the training portion of the Agreement will be considered canceled, and neither
party,will have any further obligations regarding training services.
If the BUSINESS cancels the Agreement within thirty (30) days of the scheduled training, the BUSINESS will
reimburse the COLLEGE for documental, nonrefundable expenses incurred in preparation for the: training. The:
COLLEGE reserves the right to pursue all legal remedies to recover damages resulting from the BUSINESS'actions,
inaction,or breach of the Agreement.
Public:Record Requirements:
Pursuant to Section 119.0701, Florida Statues, BUSINESS is required to comply with the public records laws of the
State of Florida by (1) keeping and maintaining applicable public records required by the COLLEGE to perform
under this agreement; (2) upon request from the COLLEGE, provide the COLLEGE with a copy of the requested
records or allow the records to be inspected or copied within a reasonable tithe at a cost that does not exceed the cost
provided Chapter 119,Florida Statutes,or its otherwise provided by law;(3)ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract tens and following completion of the contract if BUSINESS does not transfer the
records to the public agency; and (4) upon completion of the contract, transfer, at no cost, to COLLEGE all public
records in possession of BUSINESS or keep and maintain public records required by,the public agency to perform
the service. If BUSINESS transfers all public records to the COLLEGE upon completion of the contract,BUSINESS
shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. if BUSINESS keeps and maintains public records upon completion of the contract, BUSINESS shall
meet all applicable requirements for retaining public records, All records stored electronically must be provided to
the COLLEGE, upon request from the COLLEGE, in a format that is compatible with the information technology
systt ens of the College, If BUSINESS fails to provide the public records to the COLLEGE within a reasonable time,
BUSINESS may be subject to penalties under s. 119.10_
IF BUSINESS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, OR BUSINESS' DUTY TO PROVIDE PUBLIC: RECORDS RELATING TO THIS CONTRACT,
CONTACT THE COLLEGES OFFICE OF THE GENERAL COUNSEL AT 561-868-3139,
denisg@pah-rabeachstate.edu,4200 S. Congress Avenue,MS#'21, Lake Worth, Florida 33461.
Compliance with Applicable Policies and Laws:
Both parties warrant and represent that it will comply with all COLLEGE policies and procedures,as well as Federal,
state, and local laws applicable to performance of the training under this Agreement_
Indemnification :
To the extent permitted by law, both parties shall release, defend, indemnify, and hold harmless each other from all
suits, actions, or claims of any character, including reasonable attorney fees, brought on account of any injuries or
damages arising out of services provided under this Agreement. Both parties acknowledge that they are subject to
statierei ui immunity cinder Florida Statutes §768.28, and neither party shall be liable for damages in excess of the
statutory limits,nor shall either party be required to indemnitjv the other for ne¢ligence attributable to the other party
General ProAsions:
1. Nothing in this Agreement shall be construed as an indemnification of the Business by College, or as a
waiver of sovereign immunity beyond that provided in § 768.28, Fla, Stat. Each party assumes the risk
of personal injury and property damage attributable to the acts or omissions of that party and its officers,
employees,and agents.
20242210PBSCandVillageoTeqstaTraigA-reement(i TL
2. This Agreement may not be assigned or modified by either party except as agreed to in writing and signed
by the parties. If agreed to in writing and executed by the parties, this Agreement shall be binding upon
the parties' successors and assigns.
3. This Agreement is governed by the laws of the state of Florida. Venue for all actions or proceedings
arising in connection with the Agreement shall be tried and litigated exclusively in state or federal courts
in Palm Beach County.
4. Neither party shall discriminate based on race, religion, national origin, gender, family status, sexual
orientation, age,disability,or any other protected class.
5. Any and all other equipment, learning materials or personnel not contemplated in the Scope of Services
necessary for the training shall be provided by and at the expense of the BUSINESS.
The.signatures below confirm that the parties have read and approved all terns above along with attached Scope of Services.
Business Palm Beach State College
B By:
Nai eremy Allen Name: Jennifer Alvarez
Title: Village Manager Title: Procurement Director
Date: Iv y 1Ct, ay 2�1 Date: Oct 2412024
EXHIBIT A
Tequesta Fire Rescue has for sale a 1994,90-foot Sutphen aerial device.Palm Beach
State Fire Academy has need of this apparatus for delivery of our programs. We
propose an exchange of training hours, in lieu of cash, for the purchase of the
above apparatus. We believe this will be mutually beneficial and help support
training of firefighters throughout our county. Details of our proposal are as
follows:
Palm Beach State Fire Academy will provide subject matter experts for delivery
of customized training designed specifically for Tequesta Fire Rescue personnel
(see sample fee schedule below) and/or inclusion of Tequesta Fire Rescue
personnel in our certificate courses. The custom training could be delivered at
Tequesta's fire station, as we have done previously, to eliminate the need to pay
personnel overtime. Please see Example Training Schedule below. We propose
that this exchange happen over the course of three years, though the use of the
"training credit" need not be used equally each year. Use of Training Credit will
be tracked by PBSC Fire Academy and recorded on a spreadsheet. Tequesta will
be provided a quotation for each training session request that will detail the cost
of the training as well as the training credit "balance".
20242210PB SCandV illageofTequestaTrainingAgreementGJD
SEE NEXT PAGES FOR SCHEDULE AND COURSE DETAIL
Example TrairingCalendar
2025
January Liuefire(31/2days) $5,400
February
March Command and Control $3,353
Apri I
May Engi ne Ops(3 days) $2,856
June
July
August
September
October
November
December
Annual Total $11,609
2024221 OPBSCandVillageofTequestaTrainingAgreementGJD
Training Topic cost Max number of students
Live Fire 6ccercises $1800/half day 12/day
Engine Operations $952/full day 12/day
Truck Operations $952/ful I day 12/day
STAR $475.75Jhead 18/course
Command and Control $3,353/course 24/course
Fbpe Fbscue Ops Level $449.75/head 18/course
Fbpe Fbscue Tech Level $449.75(head 18/course
Confined q)ace Ops Level $189.75Ihead 18lcourse
Confined Eoace Tech Level $189.75dhead 18Jcourse
structural Cbll apse Ops Level $454.75Jhead 18lcourse
aructural Collapse Tech Level $1,194.75Jhead 18/course
Trench Ops Level $264.75Jhead 18/course
Trench Tech Level $194.75/head 18/course
VMROps Level $479.75/head 18Jcourse
VMRTech Level $479.75dhead 18/course
Hydraulics $244.75Jhead 24/course
Apparatus $264.75Jhead 12/course
Aerial Operations $414.75Jhead 12(course
Chemistryof Haz--Mat $204.75/head 18/course
Haz Mat I $204.75Jhead 18/course
Haz Mat II $239.75(head 18/course
Haz Mat III $239.75dhead 18Jcourse
Live Fire Trai ning Instructor $349.75/head 18Jcourse
2024221 OPBSCandVillageofTequestaTrainingAgreementGJD
it
PALM BEACH STATE
COLLEGE
Scope of Services
Description of Training
Palm Beach State College ("PBSC") Fire Academy shall partner with The Village of Tequesta, to provide
training with a start date of September 23, 2024.
Terms and Conditions
The Village of Tequesta will provide an Agreement for the `Sale' of a 1994 Sutphen Aerial Platform
in which, and upon signing, the terms outline that the Village will accept training from the Palm
Beach State College Fire Academy in lieu of a cash payment.
PBSC will provide training to the Village of Tequesta as outlined in Exhibit A.
Both parties agree that The Village of Tequesta Agreement for the Sale of a 1994 Sutphen Aerial
Platform and this Palm Beach State College Scope of Services agreement dated September 23, 2024,
constitute the entirety of the engagement.
PBSC shall be responsible for the pickup and transportation of the vehicle from the Business to the
College premises at no cost to the Business.
Payment Terms: No Cash exchange.
Modifications of provisions of the agreement shall be valid when they have been reduced to writing and
duly signed by all authorized parties.
Business Palm Beach State College
345 Tequesta Dr. 4200 Congress Avenue, MS 70
Tequesta, FL 33469 Lake Worth, FL 33461
Contact: Jeremy Allen Contact: David Hamel
Title: Village Manager Title: Fire Recruit Director
1
Village of Tequesta Fire Training (WSS 617)
Final Audit Report 2024-10-24
Created: 2024-10-22
By: Lauren Czencz(czenczl@paimbeachstate.edu)
Status: Signed
Transaction ID: CBJCHBCAABAAt1S3dWhNUGJeAxZHObJlaYtEhPjJY70N
"Village of Tequesta Fire Training (WSS 617)" History
Document created by Lauren Czencz(czenczl@palmbeachstate.edu)
2024-10-22-8:08:53 PM GMT-IP address:216.114.94.10
Document emailed to Jennifer Alvarez(alvarezj@palmbeachstate.edu)for signature
2024-10-22-8:09:28 PM GMT
Email viewed by Jennifer Alvarez(alvarezj@palmbeachstate.edu)
2024-10-22-8:11:08 PM GMT-IP address:216.114.94.10
Document e-signed by Jennifer Alvarez(alvarezj@palmbeachstate.edu)
Signature Date:2024-10-24-8:31:24 PM GMT-Time Source:server-IP address:73.138.203.239
0) Agreement completed.
2024-10-24-8:31:24 PM GMT
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