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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_11/10/2016 � � ,�� u,. TEQUESTA POLICE DEPARTMENT �. e ` � ,�,? I � `" � �' r ' MEMORANDUM ���, � To: Michael Couzzo, Village Manager From: Jim McGrew, Assistant Chief of Police Date: September 28, 2016 Subject: Motorola Service Agreement The Tequesta Police Department's current service agreement with Motorola Solutions will expire on 09/30/2016. The new service agreement is scheduled to start on l0/O1/20] 6. The service agreement will cover portable and mobile radios as well as the dispatch consoles for a period of one year. T'he amount of the new service agreement is $15,287.04. This is a$997.92 increase from last years' service agreement. � MorouoLA so�u��o�vs SERVICES AGREEMENT Attn National Service Support/4th fl Contract Number. S00001025123 �30� Easta�eonQuin Road Contract Modifier: RN23-FEB-16 17:10:42 (800) 247-2346 Date: 02/29/2016 Company Name: Tequesta, Village Of Required P.O.: No Attn: Customer # : 1012622016 Billing Address: 357 Tequesta Dr Bill to Tag #: 0001 City, State, Zip: Tequesta,FL,33469 Contract Start Date: 10/01/2016 Customer Contact: D J Rick Ricciardi Contract End Date: 09/30/2017 Phone: (561)768-0522 Anniversary Day: Sep 30th Payment Cycle: MONTHLY PO#: QTY MODEL/OPT10N SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $1,273.92 $15,287.04 SPECIAL INSTRUCTIONS � ATTACH Subtotal - RecuRing Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One-Time Event Services Total $1,273.92 $15,287.04 Taxes - SERVICE AGREEMENT TO COVER 2 MCC5500 Grand Totai CONSOLES, 29 APX6000 POR7ABLE5,10 $1,273.92 $15,2g7.04 APX6500 MOBILES AND 3 APX7500 THlS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXMG CONSOLETTES SERVICES INCLUDED: �uRiso�cnoNS wr�erte araucae�e TO BE VERIFIm BY MOTOROLA. DISPATCH, TECHNICAL SUPPORT, 1NFRASTRUCTURE REPAIR WITH AQVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE- PREMIER AND LOCAL RADIO COMBO PACKAGE. The prices quoted via this service contract renewal . are valitl only unti) expiraUan of the current service contrac� If Gtistomer does not provide to MSt a valid, executed contract renewal within 30 days of contract expiration a one-time adm(nisVative fee equal to 5°k of the subsequent year?s annual contract rate will be bllled to the Customer upon reestabfishment of the expired service contracL Pdce with 5% Administration fee once delinquent = $715.00 Subcontractor(s) City State MOTOROLA SOUTH FLORiDA FSO PLANTATIO FL N MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL CENTER D0066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT TECHNICAL SUPPORT D0068 RG CONTROL COMMUNICATIONS DAVIE FL i received Statements of Work that describe the services provided on this Agreemen� Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. 1 I . ' l e�r s � AUTHO IZED CUSTOMER S NAT R TIT - DA � �'Ghac:L Couz� CUSTOMER (PRINT NAME) ° MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Cindee Markes 954-723-4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Tequesta, Village Of Contract Number: S00001025123 Contract Modifier: RN23-FEB-16 17:10:42 , Contract Start Date: 10/01 /2016 Contract End Date: 09/30/2097 2 I . Customer Nam�: Village of Tequest Effective Date: 10/1/2016 Site fD Number: SZ05981 � Equipment Description Covered 2 MCC5500 Consoles 29 APX6000 Portables 10 APX6500 Mobiles 3 APX7500 Consolettes 3 . Customer Name: Village of Tequesta PD Start Date: 10/112016 Contract Number: S00001025123 QTY Model T e Serial 1 APX7500 Consolette 761 CQK0514 2 APX7500 Conso�ette 761 CQK0515 3 APX7500 Consolette 761 CQK0516 1 APX6500 527CQK1574 Z APX6500 527CQK1575 3 APX6500 527CQK1576 � 4 APX6500 527CQK1577 5 APX6500 527CQK1578 6 APX6500 527CQK1579. 7 APX6500 527CQK1580 8 APX6500 527CQK1581 9 APX6500 527CQK1582 � 10 APX6500 527CQK1583 9 APX6000 481 CQK4378 2 APX6000 481 CQK4379 3 APX6000 481 CQK4380 4 APX6000 481 CQK4381 5 APX6000 481 CQK4382 6 APX6000 481 CQK4383 7 APX6000 481 CQK4384 � 8 APX6000 481 CQK4385 9 APX6000 481 CQK438fi . 10 APX6000 481 CQK4387 11 APX6000 481 CQK4388 12 APX6000 481 CQK4389 13 APX6000 481 CQK4390 14 APX6000 481 CQK4391 15 APX6000 481 CQK4382 ' 16 APX6000 481 CQK4393 17 APX6000 481 CQK4394 18 APX6000 481 CQK4395 19 APX6000 481 CQK4396 � 20 APX6000 481 CQK4397 21 APX6000 481 CQK4398 22 APX6000 481 CQK4399 23 APX6000 481 CQK4400 24 APX6000 481 CQK4401 25 APX6000 481 CQK4402 26 APX6000 481 CRM3438 27 APX6000 481 CRM3439 28 APX6000 481CRM3440 � 29 APX6000 481 CRM3441 4 - I Service Terms and Conditions Motorola Sotutions Inc.("Motorola") and the customer named in this Agreement ("Customer°) hereby agree as follows: Section 1, APPLICABILITY These Service Terms and Conditions apply to service conVacts whereby Motorola wiil provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Senrice Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incarporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequenUy added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Seroice Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only wheri accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola wif) provide the Services described in this Ag�eement or in a more detailed statement of work or other document attached to this A reement. At Customer`s re uest Motorola ma also rovide additional services ' 9 q , y p at Motorola s then-applicable rates for the services. � 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. , ' 4.3. If Customer purchases from Motorola addifional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and witl be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will tertninate at the end of the month in which Motorota receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled inNinsically safe fo� use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Custome�'s notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Sectton 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normat, customary, intended, and authorized manner; use nok in compliance with appticable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically induded in this Agreement, Service excludes items that are consumed in the normal operation of � the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, micrawave equipment, tower or tower lighting, duplexer, combiner, or mufticoupler. Motorola has no 5 obligations for any transmission medium, such as telephone lines, computer networks, the intemet or the woridwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this l�qreement. When Motorola petforms service at Customer's location, Customer will provide Motorola, at no charge,a non-hazardous work environment with adequate shelter, heat, light, and power and with fuil and free access to the Equipment, Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide alt information pertaining to the hardware and software elements of any system with which the Equipment is intertacing so that Motorola may pertorm its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and hoiidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with heticopter or other unusual access requirements; if these charges or expenses are �easonably incuRed by Motorola in rendering the Services,Customer agrees to reimburse Matorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer wiil provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMEIdT Unless altemative payment terms are stated in this Agreement, Motoro{a will invoice Customer in advance for each payment period. AIt other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Custome� will reimburse Motorofa for alt property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola wamants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the perFormance of the Services are completed. In the event of a breach of this warranty, Customer's sote remedy is to require Motorola to re-pertorm the non-conforming Service or to refund, on a prarata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR � IMPLtED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULTlTERMINATION � 10.1, lf either parly defaults in the Qertormance of this Agreement, the other party will.give to the non-performing party a written and detailed notice of the default. The non-pertorming party will have thirty (30) days thereafter to provide a written ' plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights availabte to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obtigations previously incuRed pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to pravide Services. Section 11. LIMlTATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFtTS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM TH1S AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.This limitation of tiability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSNE TERMS AND CONDITIONS 6 a 12.1. This Agreerrient supersedes ali prior and concurrent agreements and understandings between the parties, whether written or orai, related to the Services, and there are no agreements or representations conceming the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modfied except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowtedgement, or other writings unless: the purchase order, acknowfedgement, or other writing specifically refers to this Agreement; cleariy indicate the intention of both parties to ovenide and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRtETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of speciflcations, drawings, reprints, technical information or otherwise fumished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorofa's request Customer may nof disc�ose, without Motorola's written permission or as required by (aw, any confidential information or data to any perso�, or use confidential information or data for any purpose other than pertorming its obligatlons under this Agreement. The obligations set forth in this Section surv(ve the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not g�ant directly or by implication, estoppel, or othennrise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectuat property including any intellectual property created as a �esult of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS i Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local govemment agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any govemmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a perlod of iwo (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorota or its , subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcantractors who are responsibfe for rendering services under this Agreement. If this provision is found to be overly broad under applicabte law, it will be modified as necessary to conform to applicable law Sectlon 16. MATERIALS, TOOLS AND EQUIPMENT All tools e ui ment dies au es models drawin s or other materials aid f � , , , or or fumished b Motor I fo q P 9 9 � 9 p y o a r the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in C s u tomer's custody or control, be liable for any foss or damage to this property, and retum it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS - 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4, Neither party is liable for delays or lack of per�ormance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will �ot relieve Motoraia of its duties under this Agreement. 7 �I 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which cflnsent will not be unreasonably withheld. Any attempted assignment, delegatiort, or transfer without the necessary consent will be void. Nofin►ithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. ln addition, in the event Motorola separates one or more of its businesses (each a"Separated Business"),whether by way of a sale, establishment of a joint venture, spin-ofF'or otherwise (each a"Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affitiates (and Motorola and its affiliates, to the extent applicable) following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER {N WRITING OF ITS lNTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010 8 � MQT4RQLA Statement of Work On Site Infrastructure Response and Dispatch Service 1.0 Description of Services The Motorola System Support Center (SSC) will receive G�stomer request for service and dispatch a Seivicer. The Servicer will respond to the G�stomer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set for� herein. The SSC will maintain contact with the on-site Servicer until System Restoral and Case is closed. Tl�e SSC will Continuously track and manage Cases from crearion to close through an automated Case tracking process. This Case management allows for Motorola to provide Case activity reports. The terms and conditions of this Statement of Work (SOVI� are an integrai part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motarola has the following responsibilities: 2.1. Continuously receive service requests. 2.2. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.2.1. Characterize the issue. 2.2.2. Deternune a plan of action. � 2.2.3. Assign and track the Case to resolution. 2.3. Dispatch a Servicer as required by Motorola standard procedures and provide necessary Case information collected in 2.2. 2.4. Ensure the required personnel have access to G�stomer information as needed. 2.5. Servicer will perform the following on-site: 2.5.1. Run diagnostics on the Infrastructure or FRU. 2.5.2. Replace defective Infrastructure or FRU, as applicable. G�stomer, Servicer or Motorola may provide Infrastrucriue or FRU. 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.5.4. If a third pariy Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Gtizstomer's premises. 2.6. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification in the Customer Support Plan required by section 3.2. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Close the Case upon receiving notification from C�stomer or Servicer, indicating the Case is resolved. 2.9. Notify Customer of Case Status as defined required by the C�stomer Support Plan: 2.9.1. Open and closed; or 2.9.2. Open, assigned to the Servicer, arrival of the Servicer on-site, deferred or delayed, closed. 2.10. Provide Case activity reports to G�stomer. 3.0 Customer has the following responsibiliries: 3.1. Contact Motorola, as necessaty, to request service. � 3.2. Provide Motorola with pre-defined Customer infotmation and preferences prior to Start Date necessary to complete G�stomer Support Plan. 3.2.1. Case notification preferences and procedure. 3.2.2. Repair Ve�cation preference and procedure. 9 � �oro.�oLA 3.2.3. Database and escalation procedure forms. 3.2.4. Submit changes in any information supplied in the G�istomer Support Plan to the G�stomer Support Manager, 33. Provide the following information when initiating a service request: 3.3.1. Assigaed System ID number. 3.3.2. Problem description and site location. 3.3.3. Other pertinent information requested by Motorola to open a Case. 3.4. Allow Servicers access to Equipment. 3.5. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.5.2. � 3.6. Maintain and store in an easily accessible location any and all Software needed to Restore the System. 3.7. Maintain and store in an easily accessible location proper System backups. 3.8. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.9. Verify with the SSC that Restoration is complete or System is functional, if required by Repair Verification preference provided by Customer in accordance with section 3.2. 3.10. Cooperate with Motorola and perform all acts that are reasanable or necessary to enable Motorola to provide these services. 10 I • � M4TORQLA Severity Defin'itions Table Severity Level Problem Types Severity 1 Response is provided Continuously Major System failure 33% of System down 33% of Site channels down Site Environment alarms (smoke, access, temp, AC power. This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the G�stomer's perspective. No Work-around or immediate solution is available. ' Severity 2 Response during Standard Business Day Significant System Impaument not to exceed 33% of system down System problems presentiy being monitored This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub�ystem, product, or major non critical features from a G�stomer's perspective Severity 3 Response during Standard Business Day Intermittent system issues Informarion questions Upgrades/Preventative maintenance This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendarions for product enhancements or modifications, and scheduled events such as reventative maintenance or oducds stem u ades. Response Times Table (Gtistomer's Response Time C[assification is designated in the Service Agreement) Severity Level Premier Regular � Response 1Yme Response Time Severity 1 Within 2 hours from receipt of Within 4 hours from receipt of - Notification Nodfication Continuousl 24 x 7 Staadard Business Da 5everity 2 Within 4 hours from receipt of Within 4 hours from receipt of Notification Notification Standard Business Da Standard Business Da Severity 3 Within 24 hours from receipt of Within 24 hours from receipt of Notification Notification Standard Business Da Standard Business Da 11 ' � ,r,t�rar,roLa Staternent of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipmenk The � Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include G�stomer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two- Way. The terms and conditions of this Statement of Work (SOV� are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the respanse 6mes set forth in the.Remote Technical5wpport Response Times Table and the Severity Level defined in the Severity I I DefiniNons Table. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restorarion, including providing a lmown fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possble. 2.4. Maintain communication with the Servicer or G�stomer in the field until close of the Case, as needed. � 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discreNon, when a Case requires more than the Technical Support services descnbed in this SOW and notify G�stomer of an altemative course of action. 3.0 C�stomer has the following responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure forms. 3.1.2. Submit changes in any information supplied in the G�stomer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of C�stomer, System ID number, Service Agreement number, site(s) in quesrions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 12 � MOT�ROLA , 3.5. Allow Motorola remote access to the System by equipping the System with the necessary � Connecdvity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severi Level defined in the Severi � tY t3' Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity DeSnitions Table Severity Level Problem Types Severity 1 Response is provided Continuously Major System failure 33% of System down 33% of Site channels down � Site Environment alarms (smoke, access, temp, AC power. . This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solurion is available. Severity 2 Response during Standard Business Day Significant System Impairment not to exceed 33% of system down System problems presentty being monitored This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 Response during Standard Business Day Intermittent sysfem issues Informarion questions Upgrades/preventarive maintenance � This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Gtistomer's perspecrive. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as reventative maintenance or roducds stem u es. Remote Technical Support Response Times Table SEVERITY RESPONSE Severi 1 Within 1 Hovr from recei t of Notification Continuousl Severi 2 Within 4 Hours from recei t of Notification, Staadard Business Da Severi 3 Within next Business Da , Standard Business Da , 13 � MOTOJStOLA Statement of Work Infrastructure Repair with Advanced Replacement . 1.0 Description of Services Infrastructure Repair with Advanced Replacement is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Ex}ribit(s), all of wluch aze hereby incorporated into this Statement of Work (SOV►� by this reference. Infrasiructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrasiructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third pariy vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for G�stomer's malfunc6oning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third pariy Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and retumed to IDO FRU inventory upon completion of repair. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the foliowing responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide new or recondidoned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and wili contain liice boards and chips, as the G�stomer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO or select third party FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:OOam to 7:OOpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Ovemight or UPS Red, unless otherwise requested. Select third pariy FRU may ship second day air via Federal Express Priority Ovemight or UPS red as noted in the attached exhibit(s). Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standazd business hours and/or carrier programs, such as NFO (next flight out). In such cases, G�stomer will be subject to shipping and handling charges. 2.4.2. When sending the Advauced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The C�stomer's malfunctioning FRU will become property of IDO or select third patty and the G�stomer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to C�stomer, IDO will not provide a return air bilI for the malfunctioning Infrastructure. Tiie L�stomer is responsible to amange and pay for slupping the malfunctioning Infrastructure to IDO. IDO will repair and return the G�stomer's Infrastructure and will provide a return air bill for the customer to retum IDO's Loaner FItU. 2.5. Provide repair return authorization number upon G�stomer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrashuchue from Customer and document its airival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7.1. Perform an operatiottal cheok on the In&astructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrashucture. 2.7.5. Perforrn a System Test on select Infrashuctnre. 14 � MOTOR�LA 2.8. Provide the following service on select third party Infrastructura: 2.8.1. Perform pre-diagnosric and repair services to confirxn Infrastructure malfunc6on and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for setvice. 2.8.4. Perform a post-test after repair by Motorola, original equipment manufaclurer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when appiicable. 2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Secdon 3.5. If Gtistomer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a simiiar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by C�stomer unless the G�stomer has a Motorola Soflware Subscription agreement. 2.10. Properly package repaired Infrastructure unless C�stomer's malfuncrioning FRU was exchanged with an IDO FRU. Motorola wilt return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the G�stomer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such slupping, unless G�stomer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, G�stomer will be subject to shipping and handling chazges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a retutn authorization number (necessary for all non Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third parly Infrastructure named in the applicable attached Exhibi� 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. � 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lighfiing damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Soflwaze applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU ftom IDO if G�stomer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfuncdoning Infrasiructure and ship the malfunctioning Infrastructure to IDO for evatuation and repair as set forth in 2.7. G�istomer must send the return air bill, referenced in 2.4.2 above back to IDO in order to enswe proper trackin of the returned Infrastructure. Customer will be sub'ect to a g J replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastntcture and ship the malfunctioning PRU, at G�stomer's expense anc3 risk of loss to Motorola. C�stomer is responsible for properly packaging the G�stomer malfuncrioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the retum authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of ieceipt of C�stomer's repaired FRU. 3.5 Maintain templates of Softwazelapplications and Firmware for reloading of Infrastcvcture as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In-Car Video Infrastruchue, remove video from equipment prior to sending Infrastntcture in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 15 � Moro�oLa 4.0 In addition to any exclusians named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items aze excluded from Infrastructute Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WiN5 Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In-Car Video equipment 7. Test equipmenk 8. Racks, furniture and cabinets. 9. Firmwaze and/or Softwaze upgrades. � 16 � MOT0J4OLA Console Oni Infrastructare Ezhibit Inctusions Exclnsions Egc tions and Notes Card Ca es Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub, Base Interface Module (BiM), Console Operator Interface Module (COIM), Operator Interface Modu(e (OMI). Excludes all other technologies see SOW s ecificall for NICE lo in recorde�s � Central Electmnic Shelf CES Included Computcr(s) Includes computera that directly interface with CEB. Includes keyboazds, mice and trackballs. Excludes laptop computeis and all 286, 386, 486 computecs. Defective or phosphor-bumed cathode iay ' tubes CRT s and bumed-in flat anel di la ima e retendon ConsoIe(s) Includes consotes (CommendSTAR, CommandSTAR lite, Centracom Gold Elite MCC7500, MCC7500 w/ VPM, MCC5500, MIP5000, MC I000, MC2000, MC2500, MC3000) as part of complete communication System — Including headset jacks, dual footswitches, and gooseneck microphones and Console Interface Electronics. Excludes cables Console Audio Box CAB Includcd Dictaphones, Logging Recordets and Recording Excludes all technologies ui ment see SOW s ecificall for NICE lo io recorders 7unction Box Included Micmwave EquipmenG Excluded from service agreement but may be cepaired on an above cont�act, time and material basis. Atl Equipment must be shipped to IDO. Excludes an on-sitc services. Monitor(s) includes all Motorola certified monitors connected to computers that direcUy interFace with or control the communications System. Excludes defective or phosphor-bumed cathode ray tubes CRT(s) and burned-in flat panel displays image retention as well as monitors not shipped by Motorota and/or cannot be confirmed by a Motorola facWry order number. Site Frequency Standard(s) Includes Netclocks systems Exc(udes MFS -Rubidium Standard Netarozk Time and Fre ene devices UPS S�stems. Excluded from service agreements but may be repaircd on an above contract, 6me and materiak basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and an on�ite services. I I , 17 � MoraRo�a Statement of Work . Local Radio Combo Packa e g 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: opdonal accessories; iDEN accessories; iDEN mobile . microphones; IIon-standard mobile microphones, mobile exteraal speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The foltowing are excluded from Local Radio Combo service unless they are purchased as an opdon for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. ' ' � The terms and conditions of this SOW aze an integral part of Motorola s Service Terms and Conditions or other apQlicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to G�stomer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to retum Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the G�stomer template is not provided or not reasonably usable, a generic template udlizing the latest Radio Service Soflware (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not pawer up, or if desired, supply Servicer with a backup diskette with the Soflware template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, G�stomer is responsi6le for any programtning required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform alI acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to G�stomer, 18 � MQ'f'4R�,iLA Statement of Work Local Radio Combo Package OnSite Option -- Pick up & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the G�stomer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: Z.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon G�stomer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable , alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. � 3.0 G�stomer has the following responsibilities: 3.1 Designate mutuaily agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Pmvide problem description along with unit. 19 . _.. ... II � — -� 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 reasonabie time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails ta provide the public r�cords 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 pucsuant to Sec. 119.0701, Florida S#ptutes, and other pen�ICies under Sec,119,1Q, Florida Sta�utes. Further, CONTRACTOR shalt ensure that -any -exempt or ,confidential rec�rds associated with this Agreement or associated with the performance of the work described in the Pcoposal 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 Viliage. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost ta the: Village, all public records in possession of the 'CONTRACTOR, or keep and maintain public records required by the Village.: if the CONTRA�TOR t�ansfers 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 exerr�pt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public reco�ds upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronicaHy must be provi�ed to the VfLLAGE, 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 QIJESTIONS REGARDING THE - APPL-ICATIO.IV - OF - CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO RROVIDE RUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE - ' . VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imcwilliams@tequesta.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. �� . - VILLAGE OF TEQUESTA _----------- " � ---------Community-Development Department--_----__..__._------.__.__..._.:.�.._._.____.�_..__.__�._._ To: Mayor and Village Council Cc: fVir. Michael Couzzo, Village Manager From: Nilsa Zacarias, i41CP, Communify Development Director ' Date: 10:5.16 Ref.: Nutting Env.ironmental of FI'orida, lnc (NEF) Contract The Village of Tequesta contracted Nutting Environmental of Florida Inc (NEF) to assist with the environmental review regarding the Site Plan Review for Key Estates Teguesta Senior Housing development application. The subject facility will be located at 4S46 and & 4534 County,Line Ro.ad. � Since the'Village is aware of the• environmental issues related to fhe site due to its previous use as Rood Landscaping Company, N:EF will provide environmental technical review, -service fhroughout the development approval process, please see enclosed contract (up to $2,000.00J. 1 ����� �� �z • Environmental Property pssessments ����� - t'. F-� ���� .ContaminationAssessments � ,:, - :�3i,i ' � - = = • Remedfatian • ����.� • Monitoring Wells -------- -----------------_.� ---._.__.____�----_._.__ � IAQ/ Mo(d Evaluation _______�._..___� . � i �} ' - - NU7TIN0 ENVIR�NMENTAL � � � � � � - � � - OF F'LORIDA�, INQ: YaUrProj�cc d4 Olw�lkrrurn'vnenc VII.L Uf" TrQUrSTA Augusfi30, 201� Viliage of Tequesta p r r 0 �� 2 016 345:T�qu�sta Drive C�UILbIn�G oFPA'RtM�N1' Teguesta, FL 33489 Attn: Ms. Nfisa Zacadas Phone: (561) 7�&0457 frriail: NZacarias a�tequQSta.org R�: Praposa f Consuliing Servlcea-�4�lir�t�O for���P,�i�,�'��w�i ���tCitv�7�?3e'x7t� L i:����� � ' 4534 and 4546 County Line Road Tequesta, Palm Beaoh County, Florida Dear Ms.-Zacarlas: NUTI'llVti ENVIRUNMENTAL OF FLORiDA, INO. (NEF) is pleased to present this proposal for environmental consulting :servic�es to assist the Vlllage with_the review of addiuonal coniamination assessment informatian and infarmatton pectaining to , .:.. �,?� �le�'1� rt e�� cia� Eii�ep�4��,�,��p�,r�v�1� e�ppl� tiorti The scope of work of this investigation virtll include a of Information pror►ided by the client and attend meetings via telecenference;andlor in person. Ths servlces`witl be provided on a"time antl materials" basfs, at tFie following rates: Environmental Consulting Service�: • Review of lnfarmation'attendance of ineetings and conferenae aatts with ihe Village and the Appiioant byPrajectManager. Estimated 20 hour(s) @ $1001hour $ 2,app;pqk *Additionai_ proJect �nanagement 6me will bs billed as needed at the unit rate listed above, For the purpose of this project, the•entity listed below wlil be known-a� fhe cilent. The cilent alone along with entities identifietl in this proposal may use and rely upon this � report. The client - Is expecte� to provide IVEF� with existing environmenial _deta and .oiher'informalion related to the subject_property, such as recent sketches-of survey to assist us in report preparation: The Scope of V11ork and fee Amount Ifsted above, and the General Terms and Conditfons, consisting of one attachment represent the entire ag�eement between the cllent and NEF with respect to ihe praject: it should'be noted that NEF will not 6e a61e to (ni�ete the proJect until the requi�ed is recelv�d; thus resulting in corresponding detsys to�tf�e project delivery due date. If. this satisfactorily meets. your neetls, please sign and return the same to NEF, alang.with the deposit specified in the General Terms and Conditions and this will serve as our autho�ization,to proaeed. I - Rroposal for: Village of Tequesta Page 1 of 3 Auguat 30, 2fl98 131� Neptune Drive • Bo}�nton.Beach, Flo�ida 33425 • S61 �32 7�00 8roward 95ti-782-7200 • St.lucie 7Z2-408-1050 • Miami-Rade 305-55i-3083 • Fax 567-737-9975 Toll free:l•877•NUTTING (b86�8464} • wwu�r.nef.cc � InfoQnef.cc { � 1 i 1Ne appreciate this opportunity ta wo�lc wfth you, By slgning below. the partfes hereto speciflcally acknawledge that NEF's separately published "General Terms and Conditions" are incorporated he�ein by reference. Should the Client wish to lmpose other conditions and cequirements beyond those cantained in th(s proposal such as In a sep�rate contract, we reserve tha option to mqdify contract language, fee amounts, fo remoye our proposal from consideraHon or other ' ______ measures as may_ be indicated,�_,�_��_� Smcerely, Date Accepted P 2018 NUTIING ENVIRONMENTAL OF �LORIDA, INC. �_ Signature• By (print � ' . BY Jan Beemin[r ) � : i tha�el. � z�v U 41r�- �e,. = ana: ef ,� � Tide: i/1C2.preSldent Company. �,�, G e � NOTE: The party (isted above w�l be consideretl our client and will be responsible far payment of services. Filename: Village oP Tequeste, Praposai for ConsulUng Servlces Ste Development Ravlew, Augu§! 3D, 2416.dao Geeeral Terma and Conditiona � For tt�e pu�pose oT thte {xoject, Ihe addressee uf this proposal vn"� ha tsnown as the Cllent The cqent fs eupeated to (umish NEF with fuA vrtt8an tnfortnstion as to the cfient's speciflc repart wquUemeMs.prior to.esccaiting Ihfs egreartient "tha c1lenGis expected to prov,lde NEF:wit�'exisqng envlrqnmanial dalaf repods end other intormatlan retatad to Iha subject propettyi, such.es receru Sketche9 oF �,nley to as5ist us in repGft p?eparaUofl. SpeCHto hiform9110it.required by t�F in order to camm6nce the Ph858 1 Envlronmentel ProperlyAssessment pracessls deNai(ed ln fhe adacl►ed Prdject lnfortnalldn cheaslisk - ' D81ivAry -NEP vtili exCtdse 8ppo0pdefA,ttteeStA'e9 t0"eeiSUt9�prplgCt �OtupI9UpA w1Ih1A"th9 8gt98d upOA:Bm9 ir�3me. HOw6v2r, NEF w01 not'ba held respcnsibte.�for unavaila68ity+ot necessery,projact date vnlhln th0 time trama agread:upon ia the InvesUga�on. Project delivsry may tre de�ayad if tha EMIRE slgned proposal and deposit are rtot �aoeived in a limety manner. 7tie ENTIRE aFgned qaotefion shoutd be �etumed along w(th ihe requlred project into�mellon Iisted on Ihe FroJeat Irt(ormafion Checiciist abave. The:unsiBneA jor�osalls vefid for60 deps. -.. Payment — 5076 retainerrequirer,l with 9tgned agreement: Servises will be tnied rlionthiyertdfarupon completlon, OkecUng NEF to praoeed v�h tha woiic shatl conafitute acceptanoe of Uistettns of.NEF's praposa) end thase Ganeral Tefms and Candifldns: . Interest at ihs rata of 1896 anniim or Ihe highest rate allawable by lavr whlctiever Is 1ess, w�i be aa8ed roau amaun�e not pafd v�U+tn 30 daqs aRer date:af tmrolbe. WI auorney fees and.eupenses asseaated wl�h�eollecUOn oi past due 1n,rotees+vfll be pald by C11ent. Insurence = NEF inaintains Workers' Compensafion and Emplqyers Lfab�ly lnsurertce la conFortnaace vritFi stale taw: In addiAon, vre mainlatn Comprehensive Oene�al Lia6flRy Ineuranoe and_ Automobile LiabiTity`tnsutanoe w11h bad8y inJury ItmNs aP $1,00O,OOD.OD and property dainage 6mits af �1,Ua6,D00.00. A cert�cate of insurence can iie supplFed evtdenang such coverage whlch cunlains a c�ause pro�ng ffiatfifiaen days w�iften nopoe fse giuen prior to can�etlaUan. - Repon ° Shet(LHo" r The useras, Idefrtifled this pinposal cantractmay rely upen the repoR for e inaxiirlum pedod otsix months.from 1he reportdate, Apprueching Ihat,Utqe corfain eumponents of Iho orlgirrel InquUyt mitsE tic� updated.� IP 1he us¢t Idantity has Chatiged In that Umn NEF shaU ho ncUllad and ptoti►ded withtequtreil 'user"dnParinalton demiled 'n the A9TM practice. NEFs }wrk Is for tha excluslye use nf dlent, ertd its praparly disdosad user. In no svent shall NEF hevA eny dury qr obligallon.to.'any: thlyd P��Y�. � � R7ght-0t E�hy.-.Untess othe�wise agreEd , : Clfent w�I Wmf9b �tght-c[-eritry an lha prope�ly for NEF to make Itie ptenned borings, surveys, andlor �ptoi8Uon6: NEF wpl'latce ieasonabte precaulkns to mtnfmlze damage to the pioperly caused by its equlpment end samp�ing piocedurea, 6ul lhe coH of restoration ordamage�whlch may resuN frcm 1he planned aperatlaiis ia not trtctuded in �ie cantracted amount, II Clienc desVes lo'iiesfote lhe ptoperty lo ite'tortner aandldon, NEFVn'll'ecoompllsh thls and add 1he aost to ns fee. Damage to 6xls2tng Men•made Objeets - It shall be the responsihilHqaf the Otimer ar his dury euthorized represenfative ta dlsclose 1he presence and eccurate lacetion of a11 hldden er ohscure man�made objeeis rt�ta6ve to fleld tests, eampling, or 6oring.locatlons. When cautroned, edvised or given da}a in vrtiting t�at're4eal presence or pofential prasnnco of undorground.or nVar-graim! obsWctluns, sueh es �dlll�os, NEF�wql give specfal,3nstrycUons to Its fi�1d pmrsannaL dn eddllfon,.C�entwinies.any clalm agalnst NEF'atising hom demege to eidsUng meMmade o6jacts. ' Warranty antl Llmitadon of Llahillty. - NEF sha� pedorm senrices fur Cllent In a profeSS3onal manner, usfrtg .1hai degree of care and sktll ordlriailly: ex�i�ised 6y and capeistent +vlln the sLandaMs of oompelenl conwkants praoUcingln the same o� a: simnar tocaltty:as Ihe proJect tn lhe evanl any gatlan oi the serplcas taAs !o comply:�ih lh�s warranly obllgauon and NEF Is prompuy ao�ed iR vaitlng prto[ to one y�ae atter 000ipiellon af suth podton ot tha seniirss, NEF w�'R re-ppHorm such porUon ot 1he servloes, ar If ie-perfonrhanae ia irtipractioa6te, NEFwiq refund tf� amauat of compeneadon peld lo NEF foceuoti porfion of the serviaes. In addltion; Cpentwaives any 61atm against NEF edsing,finm 3he tail�e of 01e user to aomply with °user abllgaBons".under ASTM PrecUce'E-18Z1-08 or ihe aonsequenoes oF "deta gaps en�ing irom omitted hfpm�d4on lhatwas pur8�i¢tl In a good P21fh effprt by NEF, This vrazranty is In of a11 othervratranSes. No other wdrranty; expressed or ImpU�d Induding x�rrdntles oT merchanlahiliiy and RCness:for a partlalar pu�pose ts made or intended by Ihe proposal for corrsultirig�seivlces; byiLmishing:an oral response oFthe findings made or by any ropresontations made iegeiding the sarvlces induded in lhis agteemant In rtu eYEmt sfmlJ NEF gr any oF its pmtosslonal emplayaes he 9ahle for any spactal,:lndireci;.. Nadentel or caiseqdential loss or.damaggs, Induding buE nollimifad to ImpacTand detaydalms.' The.remedies set forlh herein are exduslve.end t�e.totel IFabllily of consutlant v�hafhei in, oonVect, tort (incldding negtigenea whetha� spte or ceneurrenl), or olherwlse arlsing out oi, conneeted ahth e' resulUtig':kam tlte seivlcss provtdad putsu8nt to W9 AgtAement si�U'nol exCe�Bd Ih9_catal taes pati! by Cllent er $60 ,OOD.00, v,hiehever_is greater. At addiuonal :cosl, Client may obtalri a Ntgher limk.prtor.to commenoament ot eeNlc�§. PURBUANT TO §558:OD38 FLOR�DA STATUTE3, NEF'S INDIV(IOUAL EMPLOYEES ANOlOF2:AOFJilTB MAY NO7 HEL4 INDMDUALLY LIABLE FOR tJECiLIf3ENCE AftISING OuT aK, CONN�CTEO SMITH Oit ItE3ULTING FFiOM TH�I k S��iVIC�S,I'f�OVICIED PURSUJiNT TO 7HIS AGEtEEMENT. InetQmnNioatton — Cllent egrees to defend, indQmnify end save harmtess NEF irom. alI clalms, lndutling' nagllgence dalms, sut�s, losses, perso�l:lnjuries, death artd property ItebOiyr reaut{ing from NEF's 'periom�anoe of the p�opased vrork, �vhelher such clsims �or damegea eie csused in pen by NEF, aad agrees to teimbur5e NE� far oxpenSes in oQnnaction wlth any auch cla]ms ar sulls, induding reasanable aaamoys taes. CIIonYs ahllgallan to Indemnit� ts Ilmited to S2 mll�an por occurrence, whlch Rropnsal tor: Village of Tequesta Page 2 of 3 August 30, 2016 1310 Neptune Dri�e • Boy�ton Beach, Flo�ida 33�x8 • SFr1-732-7x00 Browaid 954-782-7200 • St.Lutie 772-408-1050 • Miami-Ddde 305=557-3083 • Fax 561-737-9475 Tallfree:l•877•NUTTING(6B8•8464} • �v�rnr+nef.cc • info�nef.cc E �1 k _ __ Cllent a4reos-bears a reasonabte commorctal relatlonship w the Wark undertaken by NEF. Client turthar agrees thet ihose general mndidons are a part of the iNork's s eci(kat�ons or bid dowmenls if an . I Sampling or Testing Looati�n - U Specifically stated la Ihe co�Irary, Ihe uni! feesincluded ln lhis propoS21 do nol indude costs assoaaled vrith prufessioriaF Iand suroeying of the sNe or the accurale horizantal and vedical Iocalions oF lesls. Fieid lests or boring Io�ations described Tn our repod orshovm on our skelchas are. based on specific infortnaGon fumished ro us by olhers or eslimates made in lhe field tiy o.ur technicians, Su�h dmensions, deplhs or devations shoufd be oonsidered as approximations unfe vlhe nvis e staled In Ihe report. It is understaod t hat all dn11�g bca tions are eccessibfe to wmentionahWck mo unted dn1Mg equ�pmeal unfess athenv+se s{seafiedtiythecGent — —..—_._-_-_—� .._____.__�.�. - ._..__._._ _._..�..._ ____ Sample Handling nnd Rotanllon • Qenerolly test samples or specimens are.consumed andJor subsmntlally altered during Ihe conduct of tests and NEF,;at its sote dlscraUon, �vill dlsposo (subJact to tho follotiring) of enq romaining rostduo immedlatoly upon mmptetfan of tost untoss roquircd in writing by �ho C�gnl to store or othciwiso handte the samples. (a) NON HAZARDOU9 SAMPI.6S: Al Client's wrluen reques4 NEF wlil malntain presarvahte test semples aad spedmens or Ihe residua lhere from far lhlrty (30) days after submission of NEF's report W Cllerit iree o( storage.charges. Atler the inftlal'30 days and written request„ N6F wlll.retaln test` specfrnen$ ar semA��.s ►or a muluaqy acceplabte storaga oherge and pedod of Ume. (b) HA7J�ROOUS OR POTENTIALkY HA7AROpUS�9Ah1PLES: In lhe.aven{ 16a1 samp►es ccnlain substances ar ConSGluants hazardous or detdmemat to human neaiih, safety ar lhe envlronment es d�nned by federa�, slale or local stetues, regul@Uons, or:wdtnances: (."Hazardous Substances• and "HazaMous Cdnsliluenta ; respectivery}, NEF vn0, after complelion �ot lesiinp and at Clienfs ezqense: (ij ralurn such samples q�ent; (iif using a manifesl signed by.Client as generator;'w�l have sucfi samples transpoAed to a looaUan selected 6y Ciient fw final dsposai. Client agrees to pay all costs associated �Nth the storage, hansport, antl dlsposa� otsv�h samples- Glentrecognizes and agrees Ihat N6F Is acting es a tiailee and a4 no,time does NEF assumg tiile of satd waste. Discovory of Unanliclpafod Hazardous Matorials • Haiardousmalerials or certain types oi hazardous matedals may exlst aCa sAe where there (s no re�son to bei;evtt they couid or should bo presont. NEF end CIIanCagroo thal tho dscovory of unenticipatod haznrdaus mateAals consulutos. a chongod coridi�on mendeling a ronogatiotion oP;1ho I scoQe of vrork or termination af servtces. NEF end Client also agrea Ihat Ihe discovery of unanGcipaled hamrdous matariais may mako it; neessssry for NEF to leke fminealate ineasurss (o piated healUi and safety. NEF agree§ co notify CYent as som as praclica6le siiautd unantiapaleil hazardous roaleriata or sospected liazar�us matedats be encountered: Client encou�ages NEF ta take any antl aU measures u�a1, in NEF's,professlonal opinton, are justilled to preserve andprotectthe he�4h end safety ot NEF's pe�sonnef and �he publla Cllenk agrees 10 wmpensate N�F to� the addlional coat of vrork'ing to protecl empioyees'snd Ihe pubpds heallh and safety. In eddfHan, I � Cltent weives any c1a(m agalnst NEF arising_from NEF's discovery oP unsntkipated hazardous maleria� or suspected haiaMous mate�lats. CUent also agrees to compensale � NEF for any Uine epenl and expenses inaurred by NEF Iri defense` oFany such dalm, with sucfi wrtipensolion l0 6e tiased upon NEF's p�eveiling fee schedule and expense reimbdrsementpoficy relaUve torecovery of dUect proJect costs: I Legal JurisdlcUon + The paNes agree thatany actions broughl to enTorce ony p[avislon oFttiis Agreemenl shall an{y_be't�dught in n coufl of compotent jurisdidion located tn Paim Counly, Flaiida. Any and ti0 causes of action arising oul o( NEF's porformancn of tho Wark, (nduding hufrmt l'unitad to daims for indomnity, conV�bution and equitable subrogalion,:shell bo dsemed to have'accrued.and the appGca6le stawtes oi IlmflaGons shail cqmmence to run not iater ihen the da[e o( NEF's lasi Involce For tho Work perlormed hereundar_ ' � • - Foroe MaJeure - NEF shall not be hetd responsi6le for any delay or faliure tn perfqrtnance of any part o( thls Agreemen[ to wa extent sach detay or fallure Is.caust�l by fire, qood, explosion, war,: slrike, embargo, go4ernment requiremenl, UViI or miil�ry �uthority; ects et God, ael or omissibn of subcvnlrectors, cArders, c�lent ar o►her similar oausas beyond it5:control. �ocumenl5 - NEF shall be enGUeO lo rety, upon Ihe eccuracy and completen09s o1811 eurvays, repods and informaiion fumtshed hy_ IBe ctienL 1� canditior�s dilferenf from those descritied In our reporf are found at Ihe site. NEF should be noGfied (n tivri0ng immediateiy upon d�scbvery. NEF resenres the right to revise conclustons and recommandatlons In lhe flrraLrepotl §hould addltlanal Infnrmellon regarding,the project become ava0able_ AII pemiitsav�l be oblainsd hy olhers uNess otherwtse speufied (n th4 Qroposal or m�vriUng lo NEF. NEF vrill andeavor !o ideatfty recogn¢ed environmental condiUons {REC), lo Ihe besl of ptir abi�ty aqd Gmitalions et 1he tima oi the sludy, tn Ilmited accordance �vith aspects oF ASTb1 PracUce E-1527 and Uie current lxal standard nt care tor such sCudies,. The Fden6flcaGon o( RECs wn11 be made soEety upon Ihe Informaqan developed and vie�ved 6y NEF in lhls atqdy and speciflo 9teta d Florhla enviranme�tal regulalions eppforabta snd knoum at the Ilme n( Ihls sludy. NEF has no IiabiGry fo� oonsequences of informaUon not proNded or unavaflabte or olhen�nse nbt r�hevred or knovm Uom the rrormal.sources customadlyexamined by NEF In such InvosUgollons vrilhin Uio timo iromo alloivml for this invostigntlon undor ihis agreomont. Proposal for: Village of Tequesta Page 3' of 3 August 30, 2016 1310 Neptune Drive • Boynton Beach, Florida 33426 • 561-732=7200 Brbward 954-782-7200 • St. Lu<ie 772-4o8-1050 • Midmi-0ade 305-557-3083 • Fax 561-T37-9975 Toll free:l •877•NUTTING (688•8A6A1 • www.nef.cc • infoQnef.cc PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida 5tatutes, .__.._.________Y__ _____ CONTRA_C_TOR.�m.ust_keep�and_maintain_this_Agr_eement_and_an.y_other_ ._._______`___._..�_ records associated therewith and that are assocfated with the performance of the.work described in the Proposal or Bid. Upon request from the Village's custodian of public recvrds, CONTRACTOR must provide the Village with copies of requested records, or aliow such records to be inspected.or copied, wlthin a reasona6le.time: in accordance with access " and cost requi'rements of Chapter 119, Florida Statutes. .A CONTRACTOR who�fails to provide the:public records to the Village, or fails to make.them adailable for" inspection, or copying, witfiin a reasonable time rnay be subject to attorney's fees and costs pursuant fo Sec. 119.0703, Florida Sfatutes, and other penalties under Sec.:119:10, Florida Sfatutes. 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 tiie Agreement term, and #ollowing completion of the Agreement if the CONTRACTOR�does, not transfer the records to fhe �Ilage. Finally, up.on completion .of the Agreement,. CONTRACTOR shali tcansfer., at no cost'to�the Village, ait public-reeords 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 #he CONTRACTOR shal) destroy any duplicate public records fhat.are exempt.or confidential.and exemptfrom publicrecords disclosure requirements. If.the CQNTRACTOR keeps and maintains pu6lic records upon completion of the Agreement, the CONTRACTOR shall meet all applica�Ole reguirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's-custodian�of publlc records,_— in a format that is com.patilile with the Village's information technology systems. IF CONTRACTOR OiAS QUEST10�15 R�G�RDING `THE APP�ICATION OF � , CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTYTO,PROVIDE � PUBLIC�RECORDS RELATING TO 1'HIS AGREEMENT; PLEA5E CONTACTfiHE VILI:ACvE CLERI(, RECORDS CUSTODIAN FOR 7'I-0E VILL44GE, AT (561) 768- 06�5, AR AT lincwilliams�teauesta:or�. OR A�' 345' TEQUESTA.ORIVE, TEQUESTA, �LORIDA 334fi9. � � ! Village of `Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org .� �� �3 T'EQUESTA PUBLIC WORKS DEPARTMENT MEMORANDUM To: Michael R. Couzzo, Village Manager From: Douglas M. Chambers, Deputy Director Public Works Subject: Tequesta Park Ball Field Sheehan Turf Care Inc. Indemnification Document Date: October 18, 2016 The following Agenda Item addresses the need to add additional terms and conditions to the current contract with Sheehan Turf Care Inc. Sheehan Turf Care Inc. maintains the ball fields at Tequesta Park. Sheehan Turf Care Inc. operates and maintains a gas powered rake that is owned by the Village of Tequesta. As part of the additional terms and conditions, Sheehan Turf Care Inc. is responsible for any bodily injury or property damage claims that arise out of such use, operation and maintenance of the Village of Tequesta owned gas powered rake. Please also refer to the full Additional Agreement Terms and Conditions agreed upon by Sheehan Turf Care Inc. Douglas M. Chambers Deputy Director of Public Works dchambers@tequesta.org �'ice-�fayor �'ince _-lrena �fayar �-lbby Brennan Council �lember Tom Paterno Council Member Steve Okun Council �fember Frank D�-lmbra �'illage \fanager :�iichael Couzzo � . ' ADpEf�DUNY 70 THE'PHREE-YEAp FtXED PRICING CONTR/dCT BEiMfEEN SHEENAN TURF'CARE, IHlC. AND THE IlILLAGE OFTEQUESTA This AD0E�IDUN! Is executed as of the Effective Date and ts made pact of the Three=Year Fixed Pricing Contract io whfch it.is attached (the ° CoMrac�), �DOIT10�7AL AGREEMENT TEBMS ANQ GONDf110AiS � 1. IndemniRcaQton: - � 'fhe Village of Tequesta owns a Powered Rake and is Tu�f Care; lnc. tv use, operate and:.malnfaln said Powered Rake to maintain the�Ball�Fields at Tequesta.Pa[k as .part of the Contract. Sheefian Turf Care, (nc. Iikewise, agrees `that it witl' use, operate and maintain said Powered Rake to me(nfain the Ball Fleitlsat Tequesta Park as pait of the Caeitract. As such, Sheehan Tu�f Care, inc. is responsible for any bodily injury or property.damage claims that;acise - - out of.such use, operation and trialn4enance of said:Powered Rake: 5heehan Turf Care; lnc, agreesthaGifi shafl defend and hold harmless `the.Village�oF�Teques2a as well as its:office�s; agents and employees, however named, again�t any clalnu .that.aris."e out of3heehan Turf Care, Inc.'s aperations conducted on behaff ofthe Uillage of Tequesta, as: pet the Cont"ract�andthts�Addendum: Sheeharr'Turf Care, lnc. furth'er a�rees 4o proVide the Village of Tequesta, with a waiverof_subrogation on theii- UVarkers' Compensation policyforthe benefitofthe�Ilage ofTequesta, within.five (S��days'ofcontract�execution. . .. . , , . ._ 1'his uvaiver sha11 pr�clpde Turf Care, inc.'s INorkers'`Compensation carrier from having the ability to seek r@covery from the Village.of Tequesta for any expenses�incurred from inJurieS to Sheehan TurF Care; inc.'s emptovees. �N 41�i9'Id�SS WFI�REOF, 4he parties heretn ha�e enecuted this Addendum as of Qhe Effectiee Date.of the Agreemen�. - � Attest: , SHEEHARI�TU6iF �RE,1�1C. r By= gy; Title: �rP• 3'�� Title: (�c:� e� Daiec so /r %/6 Date:. �a / ��' . 1lILLAGE OF �EQl1 ey: ��4:G�vr.a, ,ur•: gy - r�ie; �xeeur�'ua: �4sstsrn+�'T ncie;V�II � er � Date: /v���O,ILo Date• �/� M � � l �` 9 J