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HomeMy WebLinkAboutAgreement_General_10/9/2025_CRS Max Consultants Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33459 www.tequesta.org To: Jeremy Allen,Village Manager From: Wayne Cameron, Building Director Date: September 23rd, 2025 Subject: Agreement for CRS consultant services The following agenda item is an agreement with CRS Max Consultants to continue providing professional consulting services related to the Village's Community Rating System (CRS) under the National Flood Insurance Program.The initial agreement, approved at the council meeting March 141h 2024, focused on consulting services for CRS annual recertification. The proposed renewat expands the scope of services to include preparation for an upcoming Verification Visit,which is a comprehensive audit conducted approximately once every five years by the Insurance Services Office (150).This audit typically requires extensive preparation by participating communities. CRS Max will continue to assist the Village in its efforts to improve our CRS classification from a Class 6 to a Class S.Achieving this enhanced classification would provide Village residents with a 25%Q discount on their flood insurance premiums. CRS Max is the sole provider of these services for the Village, as they already maintain detailed information on both Palm Beach County and the Village of Tequesta CRS records. Their existing knowledge and records make them uniquely positioned to effectively support the Village in achieving its CRS goals. The total cast of services under this renewal is not to exceed $22,500.00 within a one- year period. . 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: httos://bit.ly/3mnfeU4 VILLAGE OF TEQUESTA AGREEMENT FOR CRS CONSULTANT SERVICES THIS AGREEMENT FOR CRS CONSULTANT SERVICES is entered into and effective this day of October 2025 (the "Effective Date"), by and between the V I L LA G E OF TEQ U E STA, a Florida municipal corporation with offices located at 345 Tequesta Drive, 'requesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida,hereinafter the"Village"; and CRS MAX CONSULTANTS, INC.,a Florida Corporation with offices located at 3331 N.W. 7111 Street, Coconut Creek, F1, 33073. 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 professional consulting services related to the Village's CRS rating under the National Flood insurance Program in order to maximize potential reductions in flood insurance premiums for Village property owners. The Parties agree to enter into this Agreement pursuant to the Contractor's September 19, 2025 Proposal ("Proposal'), which includes a renewed CRS continuing consultant services component, as well as a new CRS verification visit consultant services component, and 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 fee schedule included in Exhibit"A".Inconsideration for the above Scope of Services, and pursuant to Exhibit "A", the Village shall pay the Contractor a total amount not to exceed Twenty-Two Thousand Dollars($22,500.04)in one full lump sum upon final acceptance of the work contemplated herein. 3. TERM; TERMINATION; NOTICE: This Agreement shall be for a term of 12 months and shall commence upon the Parties' full execution of this Agreement. Either party may terminate this Agreement for convenience upon seven(7)days' written notice to 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: Page 1 of 6 Village Contractor Village of Tequesta CRS Max Consultants, Inc. 345 Tequesta Drive 3331 N.W. 71s'Street Tequesta, FL 33469 Coconut Creek, FL 33473 Attn: Building Official Attn:Cathy L. King, President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village and shall name the Village as an"additional insured"on the liability portion of the insurance policy. 5. 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 perforinance 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,rloridct Statutes, 6. 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. 7. 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-employer or principal—agent is or shall be created hereby,nor shall hereafter exist by reason of the performance of the services herein provided. 8. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits,reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the Page 2 of 6 exercise of the inspector generaI'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. 9. 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. 10. 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. 11. 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. 12. AMENDMENTS AND ASSIGNMENTS: This Agreement,all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing,agreed to by both Parties,and attached hereto as an addendum to this Agreement.The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the 'tillage. 13. PUBLIC RECORDS: In accordance with Section 1 19,0701, 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 Proposal or Bid. 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 I19, 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 1 19.0701, Florida Statulcs, and other penalties under Section 119.10, Florida Stcrtiates. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein Page 3 of 6 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, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams a?te uesta.or , OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 14. ENERIFY ELIGIBILLTY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida SMtwes,as may be amended 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 sub- contractors performing the duties and obligations of this Contract 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 Rib-contractors an affidavit stating that the sub- contractor 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-contractor for,at a minimum,the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Contract which requires a longer retention period. The Village shall terminate this Contract in Page 4 of 6 accordance with Section 5. above 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 sub-contractor 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-contractor and the Contractor shall immediately terminate its contract with the sub- contractor. 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. 15. SCRUTINIZED COMPANIES: For Contracts under $l 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 Contract at the Village's option in accordance with Section 5. above 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 the 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 Contract at the Village's option in accordance with Section S. above 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 Contract at the Village's option in accordance with Section S. above 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. 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement, 17. SEVERABILITY: The invalidity or unenforecability of any provision of this Pave 5 of 6 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. 18. WAIVER: No waiver by the Village of any provision of this Agreement shall he 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. 19. ENTIRE AGREEMENT: This five (5) 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: CRS MAX CONSULTANT'S, INC. By: Cathy V. King, Pies' nt (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: By: remy Allen,Village Manager (Seal) Lori McWilliams, MMC Village Clerk Page 6 of EXHIBIT A MAX CONSULTANTS, INC. The experts in CRS rate improvement VILLAGE OF TEQUESTA PROPOSAL FOR FY 2025-2026 CRS CONTINUING CONSULTANT SERVICES AND CRS VERIFICATION VISIT SERVICES September 18, 2025 I. BACKGROUND The Village of Tequesta (Village), in anticipation of its Verification Visit in 2026, has Tegl rested that CRS Max Consultants, Inc. (Consultant) submit a proposal for CRS Verification Visit Consultant Services and CRS Continuing Consultant Services to assist in this endeavor. The scope of this proposal is developed to respond to this request. Approximately once every five yeaTs, the Insurance Services Office (ISO)„ which oversees all CRS programs in the nation, performs an audit of every participating community's CRS program. This audit, known as a Verification Visit, typically requires extensive preparation on the part of the community. The Consultant proposes to work together with the staff of the Village of Tequesta to prepare for the Village's Community Rating System Verification Visit, to participate in the Visit and to assist in providing any required documentation following the Visit. The National Flood Insurance Program's (NFIP) Community Rating System (CRS) rewards communities that exceed the minimum NFIP requirements to help their citizens prevent or reduce flood losses. Under the NFIP/CRS Program, flood insurance premiums in participating communities can potentiatty be reduced by up to 46%. By implementing floodplain management activities under the CRS Program, the Village of Tequesta is currently rated a Class 6, which translates into a 20% reduction in flood insurance premiums for eligible properties in the Village. II. SCOPE OF SERVICES A. CRS CONTINUING CONSULTANT SERVICES The following services shall be included in CRS Continuing Consulting Services: • Review current CRS program • Provide answers to questions pertaining to the CRS program • Interface with ISO/CRS Specialist as required • Review Elevation Certificates as requested for accuracy and completeness • Assist with efforts to improve Village's CRS classification 1 3331 N.W. 7Ist Street 0 Coconut Creek, 1--lorida 330713 0 954.421.7794 0 ersmaxinc66bellsoath.nct B. CRS VERIFICATION VISIT CONSULTANT SERVICES Abbreviated Scope of Services: • Review and evaluate current CRS program • Work together with staff to prepare for ISOICRS Specialist Verification Visit: a Identify documentation requirements a Organize documentation o Interface with ISO/CRS Specialist as required • Accompany staff during Verification Visit • Assist in providing any supplemental documentation required following visit. Detailed Scope of Services: The CRS Program is a multidiscipline program that entails a total of 19 distinct activities, each of which contains its own series of elements and sub elements. Each of the 19 activities is listed below. Following this listing is a description of the anticipated services that will be provided by CRS Max Consultants. The CRS Program is ultimately the responsibility of each participating community. Due to the complexity of the program, however, consultant assistance can be beneficial to: • Explain and clarify activity requirements • Conduct research to assist in providing the required documentation • Train staff as needed • Provide optimal drafts for information dissemination and templates for recordkeeping • Provide perspective that will aid in determining optimal use of resources • Assure adequate documentation • Provide quality control • Interface with ISO/CRS Specialist as may be required • Maintain or improve the Village's CRS score. The following activities can be credited under the CRS program: 300 Public Information Activities 310 Elevation Certificates 320 Map Information Service 330 Outreach Projects 340 Hazard Disclosure 350 Flood Protection Information 360 Flood Protection Assistance 370 Flood Insurance Promotion 2 400 Mapping and Regulations 410 Floodplain Mapping 420 Open Space 430 Higher Regulatory Standards 440 Flood Data Maintenance 450 Stormwater Management 500 Flood Damage Reduction Activities 510 Floodplain Mgmt. Planning 520 Acquisition and Relocation 530 Flood Protection 540 Drainage System Maintenance 600 Warning and Response 610 Flood Warning and Response 620 Levees 630 Dams Following is a description of the Services that CRS Max Consultants proposes for each of the 19 activities. 3 310 ELEVATION CERTIFICATES Elevation certificates are the foundation of the CRS program. As such, it is essential that they be maintained accurately and consistently. Communities that do not maintain elevation certificates appropriately can revert to a Class 10, which essentially suspends the community from the CRS program. Consultant will assure that the Village has an acceptable standard operating procedure for elevation certificates and will review the Village's elevation certificates issued subsequent to the last annual Recertification for accuracy. The correctness of the elevation certificates and compliance with the NFIP and the Village's ordinances are ultimately the responsibility of the Village. 320 MAP INFORMATION SERVICE Consultant will explain the types of map information services that can be rendered and help the Village determine what level of service it would be willing to provide to the community. Consultant will assist in refining its standard operating procedure as may be requested and assist in locating the maps and/or data sources necessary to provide the service. Consultant will provide a template for letters of map determination. Furthermore, Consultant will assure that the service is adequately advertised to the community_ 330 OUTREACH PROJECTS Consultant will oversee the implementation of outreach projects to earn points in this activity. Consultant will also provide templates and recommendations for outreach projects. Consultant will assist in maintaining the Village's Program for Public Information. Consultant will develop and update a Flood Response Preparations document for the Village's consideration. 340 HAZARD DISCLOSURE Consultant anticipates that there will not be significant effort required for this activity. 350 FLOOD PROTECTION INFORMATiON Consultant will coordinate with Palm Beach County Library system to maximize library credit under this activity. Consultant will update the information included in the Village's website, with the intention of earning credit under the website components of this activity. 4 360 FLOOD PROTECTION ASSISTANCE Consultant is willing to assist the Village in the advertisement for the service and the documentation required. 370 FLOOD INSURANCE PROMOTION Consultant will assist in maintaining a Flood Insurance Promotion program as a component of the Program for Public Information. 410 FLOODPLAIN MAPPING Consultant will work together with staff to determine which, if any, elements of this activity the Village could earn. 420 OPEN SPACE PRESERVATION Consultant will work together with staff to earn open space preservation credit and make recommendations to maximize the points earned. 430 HIGHER REGULATORY STANDARDS Consultant will help direct the Village to provide the documentation required for this activity. 440 FLOOD DATA MAINTENANCE Consultant will work together with staff to document the credit that can be received under this activity. Consultant will also assist in the identification of benchmarks that can receive credit and the securing of documentation to earn credit for other applicable elements. 450 STORMWATER MANAGEMENT Consultant will work together with staff to provide the documentation required to earn the points that can be received under this activity. s 610 FLOODPLAIN MANAGEMENT PLANNING The Village utilizes Palm Beach County's Local Mitigation Strategy for this purpose. Consultant will assist in preparation of the required annual progress report that must be submitted to the Commission. 520 ACQUISITION AND RELOCATION Consultant will help determine whether the Village can earn credit for this activity and will assist the Village in providing the necessary documentation required, should the Village consider this to be worth the effort. 530 FLOOD PROTECTION Consultant will determine whether the Village can earn credit for this activity. If there is credit available and if the Village considers this to be worth the effort, consultant will assist the Village in providing the necessary documentation required. 640 DRAINAGE SYSTEM MAINTENANCE Consultant will assist in the refining of an acceptable map and inventory and a standard operating procedure for drainage system maintenance. Further, Consultant will explain the documentation requirements and assist the Village in its efforts to demonstrate that its capital improvement plan addresses stormwater issues. 610 FLOOD WARNING AND RESPONSE In the state of Florida, emergency management, including flood warning and response, is primarily the responsibility of the County governments. Consultant will work to receive the credit that Palm Beach County receives for this activity. Consultant will also work with Village staff to secure any additional credit the Village is able to earn from its own activities. 620 LEVEES Consultant does not anticipate the Village will qualify for credit under this activity. 630 DAMS Consultant does not anticipate the Village will qualify for credit under this activity. 6 III. DELIVERABLES This project will have the following deliverables: Submittal of documentation to ISO at the Verification Visit • Submittal of additional documentation to ISO, as may be required, following the Verification Visit IV, SCHEDULE CRS Max Consultants will begin work on this project upon receipt of a signed contract from the Village. Consultant will work until project completion, at least 30 days following Verification Visit. V. COMPENSATION The costs for services are as follows: CRS Continuing Consultant Services $ 6,500.00 Verification Visit Services $17,000.00 TOTAL $23,500.00 Discount - $1,000.00 FINAL TOTAL $22,600.00 Lump sum payment due in full is$22,500.00. C' �� / ' s -�- Cathy L. King, President Date CRS Max Consultant Services, Inc. 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 Imcwilliams@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. "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 If 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 ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.ory/TRLWCAG ."