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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_7/10/2025 Agenda Item #3. Regular Council STAFF MEMO x Meeting: Regular Council - Jul 10 2025 Staff Contact: Jeremy Allen, Village Manager Department: Manager ffNfflWn i Consider Approval of Contracts Signed by the Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Kimley-Horn and Associates Work Authorization Increase for General Engineering Services, $10,000.00, B. Kimley-Horn and Associates Work Authorization for Reverse Osmosis Membrane Replacement, Up to $10,000.00, C. TCIROOD Agreement, $2,334.00 / year. M. Consider Approval of Contracts Signed by the Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. Kimley-Horn and Associates Work Authorization Increase for General Engineering Services, $10,000.00, B. Kimley-Horn and Associates Work Authorization for Reverse Osmosis Membrane Replacement, Up to $10,000.00, C. TCIROOD Agreement, $2,334.00 / year. 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 AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA ATTACHMENTS: '�- KHA General Eng Sery JULY2025 Page 19 of 369 Agenda Item #3. KHA RO Membrane Bid Assist JULY2025 TCIROOD JULY2025 Page 20 of 369 Agenda Item #3. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org r� STAFF MEMO Date: June 26, 2025 To: Jeremy Allen,Village Manager From: Marjorie G Craig, PE, Director, Utilities Department Re: Consider Approval of Kimley-Horn and Associates (KHA) Work Authorization Increase for As-Needed General Engineering Services for$10,000 The Village of Tequesta Utilities Department (UD) recommends approval of a work authorization (WA) increase with Kimley-Horn and Associates(KHA) for as-needed general engineering services, including meetings, research, and miscellaneous reviews of technical subjects for an additional $10,000. The original (WA)was approved in February 2025 for$12,000.The increase of$10,000 is anticipated to cover the remainder of the fiscal year, bringing the total work authorization to $22,000. KHA has a master agreement with the Village through the Consultant's Competitive Negotiations Act (CCNA), FS287.055, approved on September 10, 2020.The LID has ongoing projects and activities that need general engineering expertise throughout the year. As part of its CCNA continuing services agreement, KHA has contracted with it to perform as-needed general engineering services.The CCNA requires public agencies to select professional service firms based on qualifications. Examples of as-needed engineering projects and services that KHA provided with the original $12,000 FY25 work authorization: • Engineering support for Holtz' FDEP SRF Facilities Plan as: FOR for water main projects and for the 2022 condition assessments (all water main replacement projects, maps, GIS work) • Site visit(s), structural assessment, remedies, and tech memo-Public Services Building(shared by Public Works and Utilities) assessment per Doug Chambers request • Review of the impact of a communication company's directional bore on our Bridge Road project (and Martin County project) • US1 ATT conduit potential impact review on our water mains (planar and cross sectional) Please see the attached scope of services for more details.The money won't be spent if the need is not there; this is an as-needed work authorization.The work authorization will be funded by the Water Fund account for engineering services. WATER FUND-Account 401-241-531.302-Water Admin Engineering Services Budgeted amount: $100,000 Available amount: $ 27,226 Amount of this proposal: $ 10,000 Total Remaining: $ 17,226 This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeLL4Page 21 of 369 Agenda Item #3. VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION AMENDMENT 1 GENERAL ENGINEERING SERVICES This Work Authorization authorizes Kimley-Horn and Associates, Inc. to perform work set forth herein and is issued pursuant to The Professional Engineering Services Agreement, between the Village of Tequesta ("Client" or"Village") and Kimley-Horn and Associates, Inc. ("Kimley- Horn" or"Consultant"), dated September 10, 2020 ("Agreement"). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. PROJECT UNDERSTANDING The Village's Utility staff periodically requires support from Kimly-Horn to provide general engineering services on varying utility and engineering reviews/needs. For staff to make use of these services, it was determined to prepare this scope of services and an estimated fee amount to establish an internal budget for requested services along with a Purchase Order tied to these services. It is the intent that these services could be requested in the current fiscal year of the executed Authorization. SCOPE Some of the General Engineering Services that the Village could request from Kimley-Horn are outlined below. Note that other types of services outside of these scope items noted below could also be requested. 1. Provide plan reviews of other Consultants work or plans from another agency performing work within the Village. 2. Attend meetings as requested by the Village to provide consulting services/advice on projects that are outside of Kimley-Horn's current project contracts. 3. Provide calculations/memos on a specific special project request from Staff. 4. Provide training of Village hired engineering interns. 5. Provide other engineering support as requested by Village Staff. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope requested by the Village, will be considered additional services to this Work Authorization and will be performed based on subsequent Work Authorizations approved prior to performance of the additional services. INFORMATION AND SERVICES PROVIDED BY THE VILLAGE Kimley-Horn assumes that all information provided by the Village can be relied upon in the performance of professional services. The following information shall be provided to Kimley- Horn and/or the following services will be performed by the Village. • Design plans/permit applications by others • Record drawings 1 Page 22 of 369 Agenda Item #3. SCHEDULE For Scope Items 1 thru 5, Kimley-Horn will complete the requested work/task assigned as mutually agreed upon by Kimley-Horn and the Village at the time of the assignment request, exclusive of delays beyond the control of the Consultant. COMPENSATION Kimley-Horn will perform the services described in the Scope of Services Items 1 — 5 above on an hourly basis with a not to exceed amount of ten thousand dollars ($10,000.00) in accordance with the hourly rates established in the Professional Engineering Services Agreement between the Village and Kimley-Horn. Each Task requested will be invoiced separately that will describe the services performed. Accepted by: Village of Tequesta Kimley-Horn and Associates, Inc. Jeremy Allen Jeremy A l l e n Digitally 06.03 signed�16:26:27 04'00' Jeremy Allen, Village Manager Michael F. Schwartz, P.E. Sr. Vice President Date: See Digital Signature for Date Date: 05/05/2025 2 Page 23 of 369 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Immilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 24 of 369 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 25 of 369 Agenda Item #3. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org z.b STAFF MEMO Date: June 27, 2025 To: Jeremy Allen,Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department From: Allyson Felsburg, MBA, Deputy Director, Utilities Department Re: Consider Approval of Kimley-Horn &Associates Bid Assistance Work Authorization for Reverse Osmosis (RO) Membrane Replacement for a Total Not to Exceed $10,000 Engineering Services The Village of Tequesta (Village) Utilities Department (UD) recommends approval of a work authorization (WA) with Kimley-Horn &Associates (KHA) for engineering services for the bid phase of the "Reverse Osmosis (RO) Membrane Replacement" project (Project). This project is fully designed and is out to bid on DemandStar and the Village website. The Village UD owns and operates an RO treatment plant that is part of our water treatment facility, used to produce our drinking water.The RO plant consists of three parallel treatment trains, and within each treatment train,there are 160 60-inch membrane elements.The elements contained in train 2 are 18 years old, and the elements contained in trains 1 and 3 are 14 years old.The industry standard useful life of a membrane element is typically 10 years, but it can vary. The current elements are at or near the end of their useful life and require replacement. Additionally,the membrane treatment industry has moved away from 60-inch elements and standardized on a 40-inch element. The work authorization includes bid phase services for a project for the removal, disposal, and replacement of 480 60-inch membrane elements from 120 pressure vessels with 720 40-inch membrane elements, not to exceed $10,000.This project was initially designed to replace the membranes in one train (train 2) and include bid alternates to replace the membranes within the remaining two trains (train 1 and 3). However, implementing the 2023 capital charge as part of the rate increase has allowed us to catch up financially in revenues, and we can now fund the entire project as a pay-go project.The age of the membranes increases the urgency to replace all membranes now. Importantly, we believe that by bidding out all three phases of the project, the Village will receive more competitive pricing and faster completion of the entire project. The projected project schedule is outlined below: Bid Project: late-May 2025 Award Project:August 2025 Issue Notice to Proceed: September 2025 Complete Project: March 2026 (pending supply chain) This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 26 of 369 Agenda Item #3. Kimley-Horn &Associates has a master agreement with the Village through the Consultant's Competitive Negotiations Act (CCNA), FS287.055, approved on September 10, 2020.The CCNA requires public agencies to select professional service firms based on qualifications. Please see the attached scope of services for more details.The work authorization will be funded by the Water Fund account for engineering services. WATER FUND-Account 401-411-531.302 Renewal & Replacement Engineering Services Budgeted amount: $120,000 Available amount: $120,000 Amount of this proposal: $ 10,000 Total Remaining: $110,000 Page 2 of 2 Page 27 of 369 Agenda Item #3. VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION REVERSE OSMOSIS MEMBRANE REPLACEMENT BID PHASE SERVICES This Work Authorization authorizes Kimley-Horn and Associates, Inc. to perform work set forth herein and is issued pursuant to The Professional Engineering Services Agreement, between the Village of Tequesta ("Client" or"Village") and Kimley-Horn and Associates, Inc. ("Kimley- Horn" or"Consultant"), dated May 12, 2016 ("Agreement"). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. PROJECT UNDERSTANDING The Village utilizes Reverse Osmosis (RO) to treat brackish groundwater from the Floridan Aquifer. The existing RO membranes are nearing the end of their useful life and replacement is necessary. The Village recently engaged the services of another Consultant to prepare bid documents related to membrane replacement. The bid documents are prepared and the Village intends to advertise the project for public bidding in the coming weeks. The Village intends to utilize Kimley-Horn for bid phase services related to this project and as such, the following scope of services is provided. SCOPE Consultant will review bid documents prepared by others. Consultant will attend a pre-bid meeting, respond to bidder questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by Village's Purchasing Department. Consultant assumes up to four (4) addenda will be issued as part of this project. Consultant will review the bids and bidder qualifications and provide a bid review which determines the lowest, most responsive and responsible bidder, and will provide a recommendation of award. Consultant will review bid package for completeness. Consultant will update project bid package in accordance with the responses to addendum questions presented during the bid phase. Consultant will assemble and issue "Conformed" plans and specifications in .pdf format. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope requested by the Village, will be considered additional services to this Work Authorization and will be performed based on subsequent Work Authorizations approved prior to performance of the additional services. SCHEDULE The Kimley-Horn fee structure assumes timely completion within the terms of the construction contract. Failure of the Client's contractor(s) to complete the projects within the original contract 1 Page 28 of 369 Agenda Item #3. term may result in an adjustment to the Kimley-Horn's compensation, subject to mutual acceptance of the Client and the Kimley-Horn. COMPENSATION Kimley-Horn will perform the services described herein on a lump sum basis for $10,000. Accepted by: Village of Tequesta Kimley-Horn and Associates, Inc. Digitally signed by Jeremy Allen Jeremy A e n Date:2025.06.12 16:52:13 -04'00' Jeremy Allen, Village Manager Jason ? Lee, P.E. Date: See digital signature Date: S" •a 2 Page 29 of 369 Agenda Item #3. 00000qqqqq 0 0 � 0 �a rn m a C C 0 m a m � 00 o � o 00 � m N v> vF v} vF v? an .n vE _ y y 0 0 0 0 0 0 0 FO o r< r-� o 2 C R � 7 � pl fl. O E U R 7 h .n in in O C LO n O a � y p p 0 R O ad 0 U Q- O o L o o , C V LL O ti 'y Q a) y 0 d 0 oI w O y (A p of O O O O O O O Io O O n x oo W M rL O O O ti c0 N Ol C �L pN M M N N N a 00 O V jp O O M C v O M m p M rvi m y M M N N N N M M � c-I N W a C 0 0 0 0 0 0 6 4 M Lp . O p p m v y p O p O O N •� N M 06 N N M c-I U O a `y o � o ' � m R ' N U O F 0 d O L t N N a F 3 U OOOF m � O j 7 Z C O Q y w E Q y 0 U' CDN y O C� U7 J 0 C F f6 R J a X m 0Q_ O c F . �" aa) N O m x d N m 2 'Rp > F 111 0 W a 0 O G N C y R > a 0 - > � LL afdQaOC> m 0 Qo Z Page 30 of 369 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Immilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 31 of 369 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 32 of 369 Agenda Item #3. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org z.b Date: June 12, 2025 To: Jeremy Allen,Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department do From: David Tinoco, Water Distribution &Stormwater Superintendent Re: Consider Approval of Agreement with TCIROOD to Provide Quarterly Weed Treatment at Dover Ditch at a cost of$583.50 ($2,334 annually)with Additional Related Services Available as Needed—Budgeted Request The Village of Tequesta (Village) Utilities Department (UD) recommends approval of the agreement with TCIROOD for quarterly weed treatment at Dover Ditch.The services include all labor, equipment, and weed treatment solutions.As can be seen in the agreement, quarterly treatments cost$583.50, resulting in an annual cost of$2,334. UD is responsible for 60%of the contract costs, so our actual cost will be$350.10 per quarter and $1,400.40 annually.TCI Rood has provided excellent service to the Village and Town through their quarterly weed service and does not use Roundup for weed control. Through an interlocal agreement, stormwater runoff, drainage, and maintenance of Dover Ditch are shared with the Town of Jupiter (TOJ).The TOJ is responsible for 40%of the maintenance expenses at Dover Ditch, and the Village is responsible for the remaining 60%. Other related services are available in the agreement as needed. Funding for weed control at Dover Ditch is budgeted and available in the Stormwater Fund, account 403-250-546.308—Drainage Maintenance: Account 403-250-546.308 Budgeted amount: $68,420.00 Available: $49,433.60 This request: $2,334.00 Amount remaining after request: $47,099.60 This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 33 of 369 Agenda Item #3. TC I RO 0 D PLANT HEALTH CARE SERVICE AGREEMENT Date: 6/4/2025 Presented To: Dover Ditch 136 Bridge Rd Tequesta FL 33469 Phone#: 561-768-0430 Email#: scanning@tequesta.org Contract Valid from 7/l/2025 to 6/30/2026 Mariani of Florida, LLC (also referred to as TCIROOD), is pleased to present, Dover Ditch with our Contract Proposal for the following Plant Health Services: SERVICES INCLUDED IN THIS CONTRACT: Per Price Quarterly Weed Treatment (plus applicable sales tax) $583.50 Page11 7900 SE Bridge Road I Hobe Sound , FL 33455 1 T 772-546-4535 1 F 772-546-4598 TCIROOD.COM Page 34 of 369 Agenda Item #3. Tc I RO 0 D Job # 38448 SERVICE DESCRIPTIONS: Quarterly Weed Treatment (Plus applicable sales tax) PHC T&M (Plus applicable sales tax) PHC - Chemical Only (Plus applicable sales tax) Insecticide Application T&M (Plus tax) Fungicide Application T&M (Plus tax) Page12 7900 SE Bridge Road I Hobe Sound , FL 33455 1 T 772-546-4535 F 772-546-4598 TCIROOD.COM Page 35 of 369 Agenda Item #3. TC I RO 0 D Job # 38448 Additional Services (will be billed on a Time&Material basis per rates listed below): • Irrigation Repairs(labor) $80.00/Hr+Parts • Plant Heath Care(labor) $80.00/Hr+Chemicals (plus applicable Sales Tax) *If you are not a current irrigation maintenance customer,the initial inspection to the irrigation system will include a$130.00 service call,which includes the first hour of labor,and our standard hourly rate of $95.00 per man-hour thereafter. This inspection and possible repairs will be conducted on a Time and Materials basis. MAINTENANCE CONTRACT CONDITIONS A.) Advanced notice shall be given for any extra work when conditions permit. B.) Property shall be kept neatly manicured at all items. All work is to be performed in a professional manner,according to industry practices. Services shall be rendered as specified with the exception of legal holidays, strikes, accidents, inclement weather,natural disasters, terrorist attack,pandemic, or any other delays beyond the control of TCIROOD. C.) TCIROOD shall provide all labor(dressed in company uniform),with supervision, equipment and materials necessary for the performance of this agreement. D.) TCIROOD agrees to maintain a general public liability insurance policy as required by law and Worker's Compensation insurance. A copy of our current Certificate of Insurance is available upon request. E.) TCIROOD is a drug free workplace and agrees to continue this program. F.) Anyrepairs or extra work necessary due to hurricanes, floods, lightning, or other acts of nature, shall not be covered under this agreement. G.) This agreement maybe cancelled by either party upon thirty(30)days written notice. H.) The contract is valid for one year,with any rate changes communicated before renewal. The contract will auto-renew for another 12-month term at the updated rate unless canceled prior to the renewal date. I.) Client acknowledges that Contractor has made a significant investment in the recruitment,hiring, and training of TCIROOD staff. Therefore, the client and/or it's agents agrees not to solicit,recruit,hire or otherwise engage the services of any TCIROOD employee without the prior written consent of TCIROOD. NOTE: Monthly maintenance invoices are billed in advance of service on the first(I s) of every Page13 7900 SE Bridge Road I Hobe Sound , FL 33455 1 T 772-546-4535 1 F 772-546-4598 TCIROOD.COM Page 36 of 369 Agenda Item #3. TC I RO 0 D Job # 38448 month. TUROOD, reserves the right to cease services without notice if the Customer account becomes thirty (30) days past due. All accounts unpaid within forty-five (45) days of billing date could be subject to an added monthly 1.5%service charge until the account is paid in full. Exclusions The following are not included in the Plant Health Care maintenance program: roses,orchids, annuals, vegetables, fruit bearing trees, cabal palms, large established trees (8" trunk diameter), nematodes, palmetto weevils,boring insects, termites or other wood destroying insects, take all patch,perennials, eastern lubber grasshoppers, army worms, PH and nutrient corrections, grassy weed control including but not limited to crabgrass, carpet grass and Bermuda grass control, soil borne diseases and moles. Acceptance This contract and the Conditions of Contract(found here: https://www.marianipremiergroup.com/LLC/CoC.pdf)contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. Client agrees to the applicable terms of the Company's privacy policy(found here: https://www.marianipremiergroup.com/privacy-policy/), specifically with respect to the usage and storage of Client information. Should this contract proposal meet with your approval,please sign and date below where indicated. I have read the above, and do hereby agree to, and accept this contract proposal for irrigation maintenance services. Jeremy Digitally signed by Y Jeremy Allen Date:2025.06.05 By Allen 14:17:37-04'00' By /�G� rL l�t/G� �GC1l'Yt Property Owner or Authorized Agent stomer Service Jeremy Allen,Village Manager Date Date 6/4/2025 Page14 7900 SE Bridge Road I Hobe Sound , FL 33455 1 T 772-546-4535 1 F 772-546-4598 TCIROOD.COM Page 37 of 369 Agenda Item #3. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Immilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 38 of 369 Agenda Item #3. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 39 of 369