HomeMy WebLinkAboutDocumentation_Regular_Tab 11_5/8/2025 Agenda Item #11.
Regular Council
STAFF MEMO
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Meeting: Regular Council - May 08 2025
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Consider Approval of Authorization to Piggyback Palm Beach County Solid Waste Authority Mutual
Aid Agreement for Hurricane, Disaster Debris Removal, Reduction, and Disposal with DRC, Crowder
Gulf and Philips and Jordan
In preparation for potential storm events, the Village of Tequesta is seeking authorization to
piggyback on the Palm Beach County Solid Waste Authority (SWA) Mutual Aid Agreement for
hurricane, disaster debris removal, reduction, and disposal. This agreement provides the Village with
access to pre-approved contractors for emergency debris removal during storm events. The full
piggyback agreement can be viewed by contacting the Public Works Department.
The contract, which is valid from February 12, 2025, through May 7, 2028, includes a comprehensive
set of terms for debris removal, reduction, and disposal services. By piggybacking on this agreement,
the Village of Tequesta will be able to streamline its response time in the event of a hurricane or
significant storm, ensuring that debris is promptly and safely removed to mitigate any potential
hazards or disruptions within the community.
Contractor Selection:As part of the SWA Mutual Aid Agreement, four contractors were selected for
inclusion in this contract to provide storm debris removal and related services. These contractors are:
• DRC, LLC.(Debris Removal Contractors)
• Crowder Gulf Disaster Recovery & Debris Management
• Philips and Jordan, Inc.
• Ashbritt Inc.(additional contractor not extending the offer)
Out of these four, three contractors — DRC, Crowder Gulf, and Philips and Jordan — have agreed to
extend the terms of their contract to the Village of Tequesta. These contractors have the experience
and resources necessary to handle emergency debris removal operations, and by piggybacking on
this contract, the Village can be assured that it is working with reliable, qualified firms should the need
arise.
Rates and Cost Structure:The rates under this agreement are based on the actual fuel usage
associated with debris removal operations, ensuring that costs are reflective of real-time conditions.
The cost for the removal and disposal services will fluctuate in accordance with fuel prices, making
the rates flexible and directly linked to the operational needs of the contractors during an emergency
response. This fuel-based pricing model helps ensure the Village is paying fair and market-based
rates, while also allowing contractors to cover the increased costs of responding to an emergency
event.
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Agenda Item #11.
FEMA Reimbursement:As part of the Federal Emergency Management Agency (FEMA) guidelines,
the Village of Tequesta will seek reimbursement for eligible expenses incurred through storm debris
removal activities. The FEMA Public Assistance Program covers the costs of debris removal following
a declared disaster. Should the Village activate this agreement for debris removal services, the
Village will work to ensure that all costs related to fuel, equipment, and labor are documented and
submitted for FEMA reimbursement, minimizing the financial impact on the Village's budget.
Financial Impact:There is no immediate financial impact unless an emergency debris removal event
occurs. In the event of a storm, costs will be incurred based on the fuel-usage-driven rates specified
in the SWA agreement. However, the Village intends to seek reimbursement for eligible expenses
through the FEMA Public Assistance Program, which will help offset these costs.
Request: Staff recommends that the Village Council approve the piggybacking of the Palm Beach
County Solid Waste Authority Mutual Aid Agreement for hurricane, disaster debris removal, reduction,
and disposal. In the event of a storm or other disaster, the Village will engage one of the contractors
selected under this agreement, namely DRC, Crowder Gulf, or Philips and Jordan, for debris removal
services. This action will ensure the Village is prepared to respond efficiently and effectively to a
disaster event while maximizing potential FEMA reimbursement.
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 N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTION Piggybacking the Solid Waste Authority Contract for
Emergency Storm-Hurricane Debris Removal
POTENTIAL MOTION - • REQUESTED7,
Staff recommends the approval to piggyback the Palm Beach County Solid Waste Authority Mutual
Aid Agreement for hurricane, disaster debris removal, reduction, and disposal with Philips and
Jordan, Crowder Gulf and DRC.
Tequesta - DRC Debris Removal Agreement Signed
DRC Exhibit A
Tequesta - Crowder Gulf Debris Removal Agreement
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Agenda Item #11.
Crowder Gulf Exhibit A
Tequesta -Philips & Jordan Debris Removal Agreeement
Philips and Jordan Exhibit A
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Agenda Item #11.
VILLAGE OF TEQUESTA
AGREEMENT FOR HURRICANE/DISASTER DEBRIS REMOVAL,
REDUCTION AND DISPOSAL
THIS AGREEMENT FOR hurricane/disaster debris removal is entered into and
effective this day of , 2025 (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 "Village"; and DRC Emergency Services, LLC, a corporation
registered to do business in the State of Florida whose Federal Employer ID Number is 63-1283729
with offices located at 111 Veterans Boulevard STE 401, Metairie, LA, 70005, hereinafter the
"Contractor" and collectively with the Village, the "Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide hurricane/disaster debris removal reduction and disposal
pursuant to all applicable statutory, licensing, and Village code requirements. The Parties agree to
enter into this Agreement pursuant to the Solid Waste Authority agreement 22-201 D, which is
hereby fully incorporated into this Agreement and attached hereto as Exhibit "A".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the prices provided in the SWA agreement 22-201 D found in Exhibit "A".
The goods or services requested shall be delivered/performed on a "per order" basis and in a
manner and location acceptable to the Village on the requested"Performance Date".
3. TERM; TERMINATION; NOTICE: The initial DRC Emergency Services,
LLC — SWA agreement was for a three year term beginning May 8th, 2022 and concluding May,
7th1 2025 with an option of one (1) additional three year extension. On February 20th, 2025 the
SWA did approve the three year renewal until May 7th, 2028. This Agreement shall commence
upon execution and expire on May 7th, 2028. This Agreement may be terminated by either party
upon 30 days written notice to the other party. Notice shall be considered sufficient when sent by
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Agenda Item #11.
certified mail or hand-delivered to the Parties during regular business hours at the following
addresses:
Village Contractor
Village of Tequesta DRC Emergency Services, LLC
345 Tequesta Drive 111 Veterans Boulevard
Tequesta, FL 33469 STE 401
Attn: Public Works Director Metairie, LA. 70005
4. CHANGE ORDERS: Seller is aware that price and time are of the essence in this
contract and that prompt and timely performance of all such obligations is strictly required. If
conditions change that would require an increase in price, scope, or time for performance Seller
must notify the Village in writing detailing the conditions that have changed and requesting a
change order to the contract within 30 prior to the performance date "Change Order Deadline".
Change orders submitted after the change order deadline will not be considered. Seller shall not
proceed with any change to its obligations under a change order request unless documented in a
Change Order executed by both Parties. If Seller requests a change order prior to the change order
deadline Village at its discretion may accept the change order as is or with modifications, deny the
change order, re-advertise and re-solicit providers for the required goods or services or terminate
this contract. If the Village elects to re-advertise and re-solicit the need for goods or services the
Village will have 30 days "Solicitation Period" in which to accept the contemplated change order
or terminate this contract. At any time after execution of this Agreement but prior to Seller's
delivery of the Goods, the Village reserves the right at its discretion to change, modify,revise add,
or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods,the Village shall make
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Village's order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
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Agenda Item #11.
5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance
and liability insurance in required under the SWA agreement 22-201 D and shall name the Village
as an"additional insured" on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants, and employees, from and against any claim,
demand, or cause of action of whatsoever kind or nature, arising out of error, omission, negligent
act,conduct,or misconduct of the Contractor,its agents, servants,or employees in the performance
of services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
7. 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 Contractor 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.
8. DISCRIMINITORY VENDOR'S: In accordance with Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the
Florida Department of Management Services, may not submit a bid on a contract to provide goods
or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business
with any public entity. By entering into this agreement or performing any work in furtherance
hereof,the Contractor certifies that it,,its affiliates, ,suppliers, subcontractors,and consultants who
will perform hereunder, have not been placed on the discriminatory vendor lists maintained by the
State of Florida Department of Management Services list.
9. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
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Agenda Item #11.
of employee-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
10. INSPECTOR GENERAL: Pursuant to Sections 2-421 2-432 of the Palm
Beach County Code of Ordinances, 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.
11. E-VERIFY ELIGIBILITY: The Contractor 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 Contractor 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 Contractor'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 Contractor 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
Contractor 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 which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1),Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. In the event
of such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
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Agenda Item #11.
12. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor
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 Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M, the Contractor 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 Contractor 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
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor 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 Contractor 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.
13. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
14. FORCE MAJEURE: The Contractor 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 Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
15. 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.
16. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached
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Agenda Item #11.
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 Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
17. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes, the
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 Scope of Services. Upon
request from the Village's custodian of public records, the 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 maybe subject to attorneys fees and
costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
associated with this Agreement or associated with the provision of services contemplated herein
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
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Agenda Item #11.
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmcwilliams(&,tequesta. OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469,
18. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting, or enforcing this
Agreement.
19. 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.
20. WAIVER: No waiver by the Village of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
21. ENTIRE AGREEMENT: This eight 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.
22. 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
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.
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Agenda Item #11-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
plate and year first above written.
WITNESSES: D C EMERGENCY SERVICES, LLC.
Lisa Walsh - Contracts Manager Kns tientes
13y Print : President, Treasurer, Secretary
(Corporate Seal)
Kimberly E to es-Assistant Contracts Manager
VILLAGE OF TEQUESTA
ATTEST: By: Dolly Young, Mayor
(Seal),
Lori McWilliams., MMC
Village Clerl
(7e 8 ef;
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Agenda Item #11. JEXHIBITA
ft
EMERGENCY SERVICES
Striking B
I I I Veterans Memorial Blvd.,suite 1426,Metairie,LA 70005
TTY: 888-721-4DRC■Phone:504-482-2848*Fax:504-482-2852
www.dreusa.com
March 7, 2025
Doug Chambers,Director--Department of Public works
Village of Tequesta
136 Bridge.load
Tequesta, Florida 33469
Phone: (561)768-0483
Email: dchambers@tequesta.org
Re: Contract Extension between DRC Emergency Services and the Village of Tequesta,
Florida for Hurricane/Disaster Debris Removal,Reduction, and Disposal Agreement
Dear Mr. Chambers:
The Village of Tequesta,Florida, contract expires on May 7, 2025.DRC
Emergency Services,LLC would like to take this opportunity to offer the Village an
extension to the contract between DRC Emergency Services,LLC, and the Village of
Tequesta,Florida, dated May 8,2022,for a period of three(3)years. The pricing,terms
and conditions in the original contract will remain in effect for the duration of this
contract expiring May 7,2028.
If this offer of renewal is acceptable to you,please execute below and fax or email
it to my attention to (504)482-2852 or(1walsh@drcusa.com). Also, if you have any
questions,please feel free to contact me. I look forward to continuing our relationship
with you and the Village of Tequesta,Florida.
Sincerely,
Lisa Walsh
.esa Wa6ft
Contracts Manager
Cell. (504)715-9052
Aareed and Accepted By:
Village of Tequesta
Authorized Signature
Title
Date
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Agenda Item #11.
VILLAGE OF TENETA
AGREEMENT FOR HURRICANE/DISASTER DEBRIS REMOVAL,,
REDUCTION AND DISPOSAL
THIS AGREEMENT FOR hurricane/disaster debris removal is entered into and
effective this day o f� 2025 (the "Effective Date"), by and between the
VILLAGE OF TEQUE,STA, 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 "'Village"; and CROWDERGULF JOINT VENTURE, INC, a
Florida corporation whose Federal Employer ID Number is 01-0626019 with offices located at
5629 Commerce I vd E, Mobile, AL 36619 , hcrein,after the "Contractor" and collectively with
the Village, the "'Parties" .
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration., the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
is SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide hurricane/disaster debris removal reduction and disposal
pursuant to all applicable statutory, licensing, and Village code requirements. The Parties agree to
enter into this Agreement pursuant to the Solid Waste Authority agreement 22-20 1 B, which is
hereby fully incorporated into this Agreement and attached hereto as Exhibit "A".
2* COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the prices provided in the SWA agreement 22-201 B found in Exhibit "A".
The goods, or services requested shall be delivered/performed on a "per order" basis and in a
manner and location acceptable to the Village on the requested"Performance Date",
I TERM, TERMINATION- NOTICE: The initial CrowderGulf — SW A.
agreement was for a three year term beginning May 811, 2022 and concluding May, 7111, 2025 with
an option of one (1) additional three year extension. On February 1211, 2025 the SWA did approve
the three year renewal until May 7111, 2028. This Agreement shall commence upon execution and
expire on May 7", 2028. This Agreement may be terminated by either party upon 30 days written
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Agenda Item #11.
notice to the other party. Notice shall be considered sufficient when sent by certified malt or hand-
delivered to the Parties during regular business hours at the following addresses:
Village Contractor
Village of Tequesta CrowderGulf Joint Venture, Inc.
345 Teques-ta Drive 5629 Commerce Blvd
Tequcsta, FL 33469 East Mobile., AL 36619
Attn: Public Works Director Attn: Ashley Ramsay-Nalle, President
ji-anisa Cqcrow der gulf.coni
4. CHANGE ORDERS: Seller is aware that price and time are of the essence in this
contract and that prompt and timely performance of all such obligations is strictly required. If
conditions change that would require an increase in price, scope, or time for performance Seller
must, notify the Village in writing detailing the conditions that have changed and requesting a
change order to the contract within 30 prior to the performance date "'Change Order Deadline".
Change orders submittcd after the change ordcr deadline will. not be considered. Seller shall not
proceed with any change to its obligations under a change order request unless documented in a
Change Order executed by both Parties. If Seller requests a change order prior to the change order
deadline Village at its discretion may accept the change order as is or with modifications, deny the
change ordcr, re-advcrtise and re-solicit providers for the required goods or services or terminatc
this contract. If the Village elects to re-advertise and re-solicit the need for goods or services the
Village gill have 30 days `{Solicitation Period" in which to accept the contemplated change order
or terminate this contract. At any time after execution of this Agreement but prior to Seller's
delivery of the Goods, the Village reserves the right at its discretion to change, modify, revise add,
or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods, the Village shall make
an equitable adjustment in the contract price, the dclivery schedule, or both. Any change to the
Village's order for the Goods and any subsequcrit cquitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
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5. INSURANCE: The Contractor shall provide proof of workmani s compensation insurance
and liability insurance in required under the SWA agreement 22-201 B and shall name the Village
as an(Oradditional insured3i on the liability portion of the insurance policy.
6* INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants, and employees, from and against any claim,
demand, or cause of action of whatsoever kind or nature, arising out of error, omission, negligent
act, conduct,or misconduct of the Contractor,its agents, servants, or employees in the performance
of services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
7. 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 Contractor 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.
8. DISCRIMINITORV VENDOWS: In accordance with Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the
Florida Department of Management Services, may not submit a bid on a contract to provide goods
or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity* and may not transact business
with any public entity. By entering into this agreement or performing any work in furtherance
hereof,the Contractor certifies that it,,its affiliates, ,suppliers, subcontractors, and consultants who
ill perform hereunder, have not been placed on the discriminatory &
w vendor lists maintained by the
State of Florida Department of Management Services list.
9. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
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Agenda Item #11.
of employee-e nip oyer or principal-agent is or shall be created hereby, nor shall hereafter exist by
re-cason of the performance of the services herein provided.
10. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm
Beach County Code of Ordinances 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,
Mismanagernent, misconduct, and abuses.
11. E-VERIFY ELIGIBILITY- The Contractor 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 Contractor 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 Contractor's subconsultants perforniing 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 Contractor 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(t)(k),Florida Statutes, as may be amended. The
Contractor 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 which requires a longer retention period. The Village shall ten-ninate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(l), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor"s subconsultant has knowingly violated Section 448.09(l.), Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately tern-iinate its contract with the sub-consultant. In the event
of such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
Page 4 of 8
Page 96 of 496
Agenda Item #11.
12m SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor
certifies Scrutinized Companies that Boycott Israel List created pursuant to
erti les that it 'is not on the I
Section 215.4725, Florida Statutes and that it is not engaged in aboycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 28.7.135(51), Florida Slatutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel 'List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 K the Contractor 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 Contractor 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 Vi l lage's option if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor 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 Contractor 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.
13. ATTORNEYS FEES: In the event, a dispute arises concerning,this Agreement,
the prevailing party shall be awarded attorney' fees, including fees on appeal.
14. FORCE MAJEURE: The Contractor 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 Contractor or its subcontractors and without their fault or negligence.
Such causes include,, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnon-nally severe and unusual weather
conditions.
15. 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.
16. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached
Page 5 of 8
Page 97 of 496
Agenda Item #11.
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 Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
17. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes., the
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 Scope of Services. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
How such records to be ' I with copies of requested records, or a 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
a 'I ' le for inspection or ing,within.a reasonable time may be subject to attorney's fees and
vaiab copy-
costs pursuant to Section 119.0-701, Florida Statutes, and other penalties under Section 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
associatcd with this Agreement or associated with the provision of services contemplated herein
are not disclosed except as authorized by law for the duration of the Agreement ten-n, and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor., or keep and maintain public records required by the
Village.. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
Page 6 of 8
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Agenda Item #11.
RECORDS CUSTODIAN FOR THE VILLAGE., AT (561) 768-0685, OR AT
1mcw1*11iamskteciuesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
18, HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting, or enforcing this
Agreement.
19. SEVERABILITY: The invalidity or nenforce ability 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.
20. WAIVER: No waiver by the Village of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
21. ENTIRE AGREEMENT: This eight 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.
22. 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
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: CROWDERGULF JOINT VENTURE,
INC,
Page 7 of 8
Page 99 of 496
Agenda Item #11.
By:Wes Naile, Contracts Manager By:Ashley amsay-Na' President
(Corporate Seal)
VILLAGE OF TEQUESTA
ATTEST: By: Molly Young,Mayor
(Seal)
Lori McWilliams, MMC
Village Clerk
Page 8 of 8
Page 100 of 496
Agenda Item #11 EXHIBIT A
W R ADMINISTRATIVE OFFICE
5529 Commerce Blvd East
Mobile,,AL 36619
' 71 Lj
OFFICE : BDD- - 07
FAX : 251-459-7433
February 20,2025
Mr.Doug Chambers,Director
Department of Public works via email:dchambers@tequesta.org
Tillage of Tequesta
136 Bridge Street
Tequesta,FL 33469
Re:Mutual Aid Renewal for Hurricane/Disaster Debris Removal,Redaction and Disp el
Dear[fir.chambers:
GrowderGulf has been providing the Tillage of Tequesta with a Mutual Aid Agreement undetthe same terms and
conditions as the SWA of Palm Beach County Contract for HurricenelDisaster Dehrfs Removal,Reduction and Disposal,
Agreement#22-201 B.The term of the SWA of Palm Beach County agreement is for three(3) ►ears and shall expire on
May 7,2025,unless terminated earlier.The Authority shall have the option of extending this Agreement for three(3)
additional years,as approved by the Authority"s Board or designee,in its sale and unfettered discretion,on the same
terms and conditions.On February 12,20251 the SWA of Palm Beach County did approve a three(3)year renewal through
May 7,2028.
If the Tillage of Tequesta is in agreement to renew the existing agreement,,please sign the renewal acceptance below and
return to GrowderGulf. Upon execution of this acknowledgement the agreement will continue under the same terms and
conditions until its new expiration date of May 7,2028.
We appreciate the opportunity to renew this agreement and stand ready to respond immediately in the event the community
of the Village of Tequesta requests our services.If you have any questions or if we can be of any further assistance,please
do not hesitate to contact me at the Disaster Administration Office (DAO) at 800-992-6207 or by e-mail
!ramsay crowderguif.com.
Best regards,
Ashley Bamsa - aile t
President
Sigr70M
Date
Page 101 of 496
Agenda Item #11.
VILLAGE OF TEQUESTA
AGREEMENT FOR HURRICANEIDISASTER DEBRIS REMOVAL,
REDUCTION AND DISPOSAL
THI S AG R.E E M E N T FO R hurricane/disaster debris removal is entered into and
effective this day of , 2025 (the "Effective Date"'), by and between the
VILLAGE OF TEQU EST A, 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 Flori da,-hereinafter the"Village"; and PHIL L I P S AN D JORDAN,IN_ CORPORAT E D13
a North Carolina corporation authorized to do business within the State of Florida, whose Federal
Employer ID Number is 56-0694573 with offices located at 10142 Parkside DR, STE 500,
Knoxville,TN 37922,hereinafter the{`Contractor" and collectively with the Village,the"Parties".
WITNESSET"
The Village and the Contractor., in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1.0 SCOPE OF SERVICES.: The Parties hereby agree to enter into this Agreement whereby
the Contractor shall provide hurricane/disaster debris removal reduction and disposal pursuant to
all applicable statutory, licensing, and Village code requirements. The Parties agree to enter into
this Agreement pursuant to the Solid Waste Authority agreement 22-20 1 C, which is hereby fully
incorporated into this Agreement and attached hereto as Exhibit "A".
2* COMPENSATION-. In consideration for the above Scope ol' Services, pricing shall be
pursuant to the prices provided in the SWA agreement 22-201 C found in Exhibit "A". The goods
or services requested shalt be dell v tired/performed on a &.6per order" basis and in a manner and
location acceptable to the Village on the requested "Perfort-nance Date"'.
3, TERM; TERMINATION; NOTICE-0 The initial Phillips and Jordan — SWA agreement
was for a three year term beginning May 8"', 2022 and concluding May, 7 1h, 2025 with an option
of one (1) additional three year extension. On March 12"', 2025 the SWA did approve the three
year renewal until May 71h, 2028. This Agreement shall commence upon execution and expire on
May 7"', 2028. This Agreement may be terminated by either party upon 30 days written notice to
Page I of 8
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Agenda Item #11.
the other party. Notice shall be considered sufficient when sent by certified mail or hand-delivered
to the Parties during regular business hours at the following addresses:
Village Contractor
Village of Tequesta Phillips and Jordan, INC.
345 Tequesta DTive 10142 Parkside Dr., STE 500
Tequesta, FL 33469 Knoxville, TN 37922
Attn: Public Works Director
4. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. If conditions
change that would require an increase in price, scope, or time for performance Seller must notify
the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 prior to the performance date "Change Order Deadline"". Change orders
submitted after the change order deadline will not be considered. Seller shall not proceed with any
change to its obligations under a change order request unless documented in a Change Order
executed by both Parties. If Seller requests a change order prior to the change order deadline
Village at its discretion may accept the change order as is or with modifications, deny the change
order, re-advertise and re-solicit providers for the required goods or services or terminate this
contract. If the Village elects to re-advertise and re-solicit the need for goods or services the Village
will have 30 days "Solicitation Period"' in which to accept the contemplated change order or
terminate this contract.At any time after execution of this agreement but prior to Seller's delivery
of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or
remove any part of its order for the Goods as dose bed by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods,the Village shall make
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Villagc"s order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
Page 2 of 8
Page 103 of 496
Agenda Item #11.
5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance
and liability insurance in required Linder the SWA agreement 22-201C and shall name the Village
as an "additional insured" on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold
harmless the Village, its agents, servants, and employees, from and against any claim, demand, or
cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct.,
or misconduct of the Contractor, its agents., servants., or employees in the performance of services
under this Agreement. Nothing contained in this provision shall be construed or interpreted as
consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver
provided in Section 768.28, Florida Statutes.
7. 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
Contractor 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 Set-vices within thirty-six(36)months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes.
8. DISCRIMINITORYVENDOR'S. In accordance with Section 287.134, Florida Statutes,
an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business
with any public entity. By entering into this agreement or performing any work in furtherance
hereof,the Contractor certifies that A,, its affiliates, suppliers, subcontractors, and consultants who
will perform hereunder,have not been placed on the discriminatory vendor lists maintained by the
State of Florida Department of Management Services list.
9. INDEPENDENT CONTRACTOR* It is specifically understood that the Contractor is
an independent contractor and not an employee of the Village. Both the Village and the Contractor
agree that this Agreement is not a contract for employment and that no relationship of employee-
Page 3 of 8
Page 104 of 496
Agenda Item #11.
employer or principal-agent is or shall be created hereby, nor shall hereafter exist by reason of the
performance of the services herein provided.
10. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach
COLLnty Code of Ordinances, the Off-ice 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.
11. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
20215 the Contractor 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 Contractor'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 ncwly hired workers. The Contractor 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(l)(k),Florida Statutes, as may be amended. The
Contractor 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 which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(l), Florida Statutes, as may be arnended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(l.). Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. In the event
of such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
Page 4 of 8
Page 105 of 496
Agenda Item #11.
12. SCRUTINIZED COMPANIES: For Contracts under $1 M) the Contractor 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
ten-ninate this Agreement at the Village's option if the Contractor is found to have submitted a
false certification as provided under Section 287.135(5).., Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida. Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M, the Contractor 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 Contractor 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 tenninate this Agreement at the Village's option if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor 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 Contractor 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.
13. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
14. FORCE MAJEURE: The Contractor 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 Contractor or its subcontractors and without their fault or negligence. Such
causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
15. 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 Agrcement.
16. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached
Page 5 of 8
Page 106 of 496
Agenda Item #11.
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 Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
17. PUBLIC RECORDS: In accordance with Section 119.070 1,Florida Statutes', the
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 Scope of Services. Upon
request from the Village's custodian of public records, the 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 Section 119.0701, Florida Statutes, and other penalties under Section 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
associated with this Agreement or associated with the provision of services contemplated herein
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from 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 Villagc, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES., TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
Page 6 of 8
Page 107 of 496
Agenda Item #11.
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768- R AT
ImcwilliamskAeguesta. r oR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
18. HEADINGS: The headings contained in this Agreement are provided for convenience
only and shall not be considered in construing, interpreting, or enforcing this Agreement.
19, 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.
20. WAIVER: No waiver by the Village of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same,, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
21. ENTIRE AGREEMENT:1 This eight 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.
22, 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 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: PHILLIPS AND JORDAN,
INCORPORATED
Page 7 of 8
Page 108 of 496
Agenda Item#11.
WITNESSES: PHILLIPS AND JORDAN,
INCORPORATED
r-
By (Print): M6V-AOv-.,
- (CorporateSeal)
4 % 0co
iti • i
CL
EAL
! S
0''PILLAGE OFTE JEST ��'
f %!*i 4!lr�blt q
ATTEST: By: Molly Young,Mayor
(Seal)
Lori McWilliams, MMC
Village Clary
Page 8 of
Page 109 of 496
Agenda Item#11.
gs& EXHIBIT -A
Village of Tequesta
345 Tequesta Drive
Tequesta,FL 33469
RE Mutual Aid Agreement for Hurricane/Disaster Debris Rennoval, Reduction and Disposal between
Solid Waste Authority of Palm Beach County,and Phillips and Jordan,, Inc.
Philips and Jordan, Inc. (P&J) and the Solid Waste Authority of Palm Beach County have executed an,
Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreemient Na, 22-201C
effective May 8,2022,through May 7,20,25, and a First Amendment extending the term thereof through
May 7,,2028,
Article 33 (Agreements with other Government Entities)of.Agreement No. 22-201C states:
The CONTRACTOR agrees that this Agreement constitutes an,offer to all,State Agencies and local
government agencies of the State of Florida under the same terms and conditions, for the same
prices and for the sarne effective period as specified in this Agreement; Should the CONTRACTOR
deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or local government
agencies of the State of Florida from re-solicitation.
I would like to offer to the Village of Tecluesta, Fla.., to enter into this agreement
with Phillips & Jordan,. Inc. per Article 33 of Agreement No. 22-2-01C, the First
Amendment,and any subsequent amendments and/or extensions of Agreement No.
22-201C.This offer is made at the same terms and conditions stated in the referenced
agreement.
Please return one fully executed original letter upon acceptance.
Sincerely, ACCEPTED: Village of-Tequesta, FL
PHILLIPS& .)OFR'[)-AZN,INC .v4X jNC Name:
Name,-
Printed Name.
Printed Name: Morgan Pierce Title: Title:
President Power Date:
Date:
10142 Parkside Drive-Suite:500-Knoxville, TN 37922-office 865.688,8342-fax 80-5.688-8369
pandj.com
Page 110 of 496
Agenda Item #11 EXHIBIT
S&
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between
Solid Waste Authority of Palm Beach County,and Phillips and Jordan, Inc.
Phillips and Jordan, Inc. (P&J) and the Solid waste Authority of Palm Beach County have executed an
Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 22-201C
effective May 8,2022,through May 7,2025,and a First Amendment extending the term thereof through
May 7,2D28.
Article 33 (Agreements with other Government Entities)of Agreement No.22-201C states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and local
government agencies of the State of Florida under the same terms and conditions,for the same
prices and for the same effective period as specified in this Agreement;should the CONTRACTOR
deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or local government
agencies of the State of Florida from re-solicitation.
would like to offer to the village of Tequesta, Fla., to enter into this agreement
with Phillips & Jordan, Inc. per Article 33 of Agreement No. 22-201C, the First
Amendment,and any subsequent amendments and/or extensions of Agreement No.
22-201C.This offer is made at the same terms and conditions stated in the referenced
agreement.
Please return one fully executed original letter upon acceptance.
Sincerely, ACCEPTED: village of Tequesta, FL
PHILLIPS&JORDAN,INC. Name:
Name: Printed Name:
Printed Name: Morgan Pierce Title: Title:
President Power Date:
Date:
■a ■
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