HomeMy WebLinkAboutDocumentation_Regular_Tab 05_07/12/2018 � ne y�.-. � o es TEQtJESTA POLICE DEPARTI�TENT `"� ��' �Tq a�.* _.- � � .'��'• � ��Aouc�- MEMORANDUI�1 �� To: Michael Couzzo, Village Manager From: Gus Medina, Chief of Polic���� Date: June 21, 2018 Subject: Mutual Aid Agreement for TPD and PBC During Manatee Season I IIIS ItZ111 1S a l�Temorand�uil of A��reemeilt tor mutual aid bet��een the Palm Beach Count� �PBC) and tlle �fequesta Police Department ITPD). Tlle .a��reement shall be�in on �1o��ember 1�. ?018 or the date it is signed b�� both parties and ��ill end 1�Tarch 31. ?0��. � The a�reement pern�its for additional �iiarine la�ti entorcement services ��ithin estuarine ��aters if the Count�� durin� manatee season. ��hich be_ins No�ember 1�`" and ends the follo��ing March �1'`. The la�� enforcement ser��ices pro�ided herein are intended to be in addition to the le�el of la�� enforcement ser�ices alread� pro�ided b� tlle �I�equesta Police Department and are not a replacement for said sen�ices. INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEOUESTA THIS AGREEMENT is made this day of ,2018,between Village of Tequesta,hereinafter referred to as "Contractor",and Palm Beach County, a political subdivision of the State of Florida, by and through its Boazd of Commissioners (hereinafter "County"), hereinafter referred to collectively as the"parties." WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power,privilege, or authority that such agencies share in common and that each might exercise sepazately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance,or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, in October of 1989, the Florida Governor and Cabinet directed thirteen(13) "key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan ("MPP"); and WHEREAS, on August 21, 2007, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County's waterways,as one means to provide greater manatee protection;and WHEREAS, on December 18, 2007, the Board of Counry Commissioners approved a Resolution(2007-2277)with a standard form Interlocal Agreement with law enforcement agencies for an increased law enforcement presence in the estuarine waters of Palm Beach County during manatee season which was later amended in August 19,2014(R2014-1193);and WHEREAS,studies performed by the Florida Fish and Wildlife Conservation Commission has demonstrated that the increased law enforcement presence is the most effective means to gain compliance with boater speed zones; and 1 WHEREAS, the parties wish to enter into an agreement for the provision of an increased level of marine law enforcement services during manatee season,as provided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,the Contractor and the County agree as follows: 1) Recitals The recitals set forth above are true and correct and form a part of this Agreemen� 2) Purpose. The purpose of this Interlocal Agreement (the"Agreement") is to provide for additional marine law enforcement services within estuari.ne waters of the County during manatee season, which begins November 15th and ends the following March 31 st. The law enforcement services provided herein are intended to be in addition to the level of law enforcement services already provided by the Contractor and are not a replacement for said services. 3) Locatian of Law Eaforcement Services The Contractor shall provide marine law enforcement services, hereinafter referred to as "services", within the geographical area over which it has jurisdiction to enforce the law, such shall be hereafter referred to as the"Enforcement Area"and is included within the estuarine waters of Palm Beach County which are more specifically described in Exhibit A. 4) Responsibility of Contractor A. The Contractor shall enforce State statutes, administrative rules, local and County ordinances related to vessel control,marine resource protection,and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protecrion speed zones; assist in the monitoring of waterway markings and regulatory signs in the Enforcement Area; and assist in educating boaters about manatee and boater safety issues. B. Uuring the term of this Agreement, the Contractor shall provide law enforcement officer(s)to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday, Sunday and Martin Luther King and President's Day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement,the Contractor shall provide law enforcement services on any day or times aside from a Saturday, Sunday and the above-cited holidays at the request of the County. Requests for the provision of Law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made in writing prior to the date when such services are needed. C. The Contractor shall furnish and supply all labor, supervision, equipment (including but not limited to a vessel), insurance, and supplies necessary to perform under this Agreement. D. All marine officers perforcYung services pursuant to this Agreement must be knowledgeable of State statutes,administrative rules,local and County ordinances related to vessel control, marine resource protection, manatee protection, existing boat and manatee protection speed zones, waterway markings, regulatory signs in the enforcement areas and must have the 2 knowledge necessary to assist in educating boaters about manatee and boater safety issues. The County may request documentation of training and experience of each officer who performs services under this Agreement to ensure that such officers are qualified to perform services pursuant to this Agreement. E. The Contractor shall submit invoices for payment to the County on a monthly basis. Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be in sufficient detail for pre-audit and post-audit review(Exhibit B). The Contractor shall provide the following information with the invoice: Standard Marine Enforcement Daily Report Form(Exhibit C); documentarion of warnings and citations issued to violators by the Contractor, and monthly payroll documentation for hours worked by any officer who performs services under the terms of this Agreement. Unless explicitly requested by the County,the County will not reimbu�e the Contractor for the presence of more than one officer per boat. F. In the event that during the term of this Agreement an officer issues a citation, which is challenged in the Palm Beach County Circuit Court, the Contractor shall immediately inform the County. The County will then determine whether the Contractor will be reimbursed under the terms of this Agreement for the time expended by the officer to attend such court proceeding. 5) Responsibility of the County A. The County will reimburse the Contractor for law enforcement services as provided for herein at the rate of$87.50 per hour per officer for on-water enforcement activity and approved court proceedings, which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Contractor in the fulfillment of this Agreement. The County will reimburse the Contractor on a monthly basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractor by the County exceed a total amount set annually by the County by October 1 st of each yeaz, which will be defined in an award letter ("Award Letter") sent to the Contractor each year prior to the beginning of manatee season. B. The County may perform an evaluarion of each Contractor after January 15�' of each year to assess the quality and quantity of services being performed by the Contractor between November 15 and January_15 of each year. If it appears that the Contractor is not providing sufficient law enforcement services to expend the funds set aside for the Contractor per the Awazd Letter, the County may issue an amended award letter ("Amended Awazd Letter") to the Contractor reducing the funds set aside for the Contractor in the Awazd Letter so that such funds may be reallocated to more productive Contractor(s). � Effective Date and Term of the Agreement This Agreement shall take effect November 15, 2018 and shall terminate on March 31, 2023, unless eatlier terminated as provided herein or extended by the parties. 3 'n Authorized Representative A. The County's authorized representative is the Director of the Department of Environmental Resources Management,(561)233-2400,West Palm Beach,Florida,or designee. B. The Contractor's authorized representative is Lt. James Pike#1134, (516)768-0512,or his/her successor. 8) Independent Contractor A. The parties shall be considered independent contractors, and no party shall be considered an employee or agent of any other party.Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. B. All employees and agents of the Contractor who perform any act or service under the terms of this Agreement shall at all times be considered employees of the Contractor and not of the County. The Contractor will be responsible for supervising,disciplining,and setting policies pertaining to terms and conditions of employment for those employees performing Services as provided herein. C. The Contractor does not have the power or authoriry to bind the County in any promise, agreement or representation. 9) Payment A. For reimbursement to occur,the Contractor shall submit invoices to the County that shall include a reference to this Agreement,identify the amount due and payable to the Contractor, and include records sufficient to substantiate the costs incurred. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The Contractor shall provide additional documentarion to support any invoice if requested by the County. Invoices received from the Contractor shall be reviewed by the Department of Environmental Resources Management and upon approval shall be sent to the County's Finance Department for final approval and payment. Invoices will normally be paid within forty-five (45) days of receipt. In the case of a dispute involving the amounts due to the Contractor,payment may be delayed. B. In order for both parties herein to close their books and records at the conclusion of each manatee season,the Contractor will clearly state"final invoice"on the Contractor's finaUlast invoice to the County. This shall constitute the Contractor's certification that all services have been properly performed and all charges and costs have been invoiced to the County. Any other charges not properly included on this final invoice are waived by the Contractor. 4 10)Compliance with Codes and Laws Each party agrees to abide by all applicable laws,orders,rules,and regulations in the performance of this Agreement. 11)Access to Records and Audits The parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-fmancial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation. The parties shal) have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable notice, time and place. In the event that the parties should become involved in a legal dispute with a third party arising from performance under this Agreement, the parties shall extend the period of maintenance for all records relating to the Agreement until the fmal disposition of the legal dispute, and all such records shall be made readily available to the parties. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 -2-440,as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Secrion 2-421 - 2-444, and punished pursuant to Section 125.69,Florida Statutes, in the same manner as a second degree misdemeanor. 12)Funding Tlus Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board of Counry Commissioners. 13)NoNce Any notice required or pemutted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, or mailed (by certified mail, return receipt requested) to the respective addresses/recipients specified below: As to the Contractor: Village of Tequesta Attn:Police Department 357 Tequesta Drive Tequesta,FL 33469 Fax: 561-768-0695 As to County: Palm Beach County 5 Director of Department of Environmental Resources Management 2300 N.Jog Road-4th Floor West Palm Beach, FL 33411-2743 Fax: (561)233-2414 Copy to: Palm Beach County Attn: County Attomey for ERM 301 North Olive Avenue, Suite 601 West Palm Beach,FL 33401 All notices required by this Agreement shall be considered delivered upon receipt. Should any party change its address, written notice of such new address shall promptly be sent to the other P�'h'• 14)Default,Termination,Opportunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement,the party not in default shall provide to the defaulting party ten (10) days written notice as an opportunity to cure the deficiency before exercising any of its rights. B. Either party may terminate this Agreement without cause by giving thirty(30)days prior written notice. 15)Waiver or Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 1�Indemnificadon The Contractor shall be responsible for the acts of its officers, agents and employees, arising during and as a result of their performance of the tenns of this Contract or due to the acts or omissions of the Contractor. 17)Insurance A. Without waiving the right to sovereign immunity as provided by s.768.28 f.s., the Contractor acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of$200,000 Per Person and $300,000 Per Occurrence;or such monetary waiver limits that may change and be set forth by the legislature. B. In the event the Contractor maintains third-pariy Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 f.s., The Contractor shall agree to maintain said insurance policies at limits not less than$500,000 combined single limit for bodily injury or property damage 6 C. The Contractor agrees to maintain or to be self-insured for Worker's Compensarion &Employer's Liability insurance in accordance with Florida Statute 440. D. When requested,the Contractor shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above mentioned coverages. E. Compliance with the foregoing requirements shatl not relieve the Contractor of its liability and obligations under this Agreement. 18)Applicable Law Any litigation arising from or relating to this Agreement will be govemed by the laws of the State of Florida and the venue in any such proceeding will be exclusively in Palm Beach County,Florida. 19)Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not affect the remaining portions of this Agreement and the same will remain in full force and effect. 20)Enforcement Costs Any costs or expenses, including reasonable attorney's fees,associated with the enforcement of the terms or conditions of this Agreement will be bome by the respective parties. This provision pertains only to the parties to the Agreement. 21)Counterparts This Agreement may be executed in two (2)or more counterparts, each of which will be deemed an original,all of which together will constitute one(1)and the same instrument. 22)Captions The captions and section designations set forth herein are for convenience only and have no substantive meaning. 23)Eahibits The Exhibits refened to and attached to tlus Agreement are incorporated herein in full by this reference. 24)Assignment This Agreement is not assignable by either party. 25)Equal Opportunity The County and the Contractor agree that no person shall, on the grounds of race, color,sex, age, national origin, disability, religion, ancestry, familial status, marital status, sexual orientarion, gender identity or gender expression, or genetic information be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of the Agreement. 7 2�Constrnction This Agreement shall not,solely as a matter of judicial construction,be constructed more severely against one of the parties than the other. 2'n Modification and Amendment Except as expressly permitted herein to the contrary,no modification, amendment,or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formalities used to execute this Agreement. 28)Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral,relating to this Agreement. 29)No Third Party Beneficiaries No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement,including but not limited to any citizen or employees of the County and/or the Contractor. 30)Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumularive and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity,by statute or otherwise. No single or partial exercise by any party of any right,power, or remedy hereunder shall preclude any other or further exercise thereof. 31)Pablic Records Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Contractor: (i)provides a service; and(ii)acts on behalf of the County as provided under Section 119.011(2) F.S., the Contractor shall comply with the requirements of Section 119.0701, Florida Statutes,as it may be amended&om time to time the Contractor is specifically required to: Keep and maintain public records required by the County to perform services as provided under this Agreement. Upon request from the County's Custodian of Public Records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The Contractor further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements aze not disclosed except as authorized by law for the dwation of the 8 agreement term and following completion of the Agreement, if the Contractor does not transfer the records of the public agency. Upon completion of the Agreement, the Contractor shall transfer, at no cost to the County, all public records in possession of the Contractor unless notified by the County's representative/ liaison,on behalf of the County's Custodian of Public Records,to keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records discloswe 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. All records stored electronically by the Contractor must be provided to County, upon request of the County's Custodian of Public Records, in a format that is compatible with the information technology systems of County,at no cost to the County. Failure of the Contractor to comply with the requirements of this article shall be a material breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Contractor acknowledges that it has familiarized itself with the requirements of Chapter l l9, F.S.,and other requirements of state law applicable to public records not specifically set forth herein. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTR.ACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT 'THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLNE AVENUE, WEST PALM BEACH, FL 33401,BY EMAIL AT RECORDSREOUEST«�PBCGOV.ORG OR BY TELEPHONE AT 561- 355-6680." 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year fust above written. ATTEST: PALM BEACH COUNTY FLORIDA, for its BOARD OF COUNTY COMMISSIONERS By: Deborah Dnun,Director Environmental Resources Management APPROVED TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY: AND CONDITIONS: County Attorney Deborah Drum, Director Environmental Resources Management VILLAGE OF TEQUEST'A APPROVED TO FORM AND LEGAL SUFFIC�NCY: By: Michael R. Couzzo,Jr., Village Manager Village of Tequesta Attomey 10 .���� EXHIBIT A -„�,.�..x�:. .i —�—� I� '�'��--. ��: B ,F w,�x�.�..��r` c ,i tt• /} �l rna.�i.�rss.u:im 1 �' --- �-- ! �i ��%//� S� �Y� � dwWi�Mu�a I . I... ��... �i {<:'Flt: o*.r,o.� �'� aw.syveaowiae , `� �b1'��r w.rutir.., ,� wawe� 'a u � db ,'�/ ����—' 1.�.�M_'_" — _ f ' YVE��:b`n _ �1 i�;._ . 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U'��SIaaEM�lFYnsWMIYYb y . n���� ��;n�.�.,,r�i,,,��r��2��.�ni�,���,i ti.r�ec•y�d arr�«i;��r>r F�n-�a oi-�r��:,�sar�. /.aia)and h.\C 69(=�.iHlv f Ma�utte/_onzsl.For mae in(nmutim con�st hIYC�rc I-hlNs.�53-s??l. EXIiIBIT B Payment Request Law Enforcement(LE)Manatee Contract Agreement L Contractor 2. Contract# 3. County Resolution# 4. ERM Account# 5. Date of Request 6. Reimbursement Request Number 7. Period Erom To 8. Send Remittance to: Reimbursement Details 1. Tota!Hours Worked(attach back-up documentation) 2. Number of Officers(attach back-up documeotation) 3. Original Conuact Amount $ 4. Cumulative Amount previously requested $ 5_ Amount requested for reimbursement $ 6. Balaace remaining after this amount $ I hereby certify that the information provided herein is true and accurate and in compliance with the contract. Signature: Date: Printed: Title: Phone: Fax: **SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO:** Department of Environmental Resource Management 2300 North Jog Road 4w Floor West Palm Beach,Florida 33411 (56l}233-2400 EXHIBIT C • - . - . • � • -� � - •- � • -�- AGENCY: Today's Date: Weather: Calm/Windv/Sunnv/Overcast/Rainy (circle all applicable) Boat Engine Hours: Start End On the Water Hours for the Day: Written Wamings Manatee Zone Wamings Total Citations Manatee Zone Citations Education Contacts Complaints Dispatched Location PaVolled Assists: n lBoaters Hours Additional information: Issues while on the water Missfn or dama ed watervr si na : I certify that the above information is true and accurate to the best of my knowtedge. Print Name Signature � Amber Krauss From: James Pike Sent: Monday, April 30, 2018 5:02 PM To: Gustavo Medina; James McGrew; Amber Krauss Subject: FW: Manatee Law Enforcement Agreement Attachments: Mimecast Attachment Protection Instructions; 2018 Law Enforcement Agreement Manatees Village of Tequesta.pdf Attached is the new contract for the manatee program (2018-2023}. In the past it has gone to council on the consent agenda. From:Mayra Ashton<MAshton@pbcgov.org> Sent:Monday,April 30,2018 4:02 PM To:lames Pike qpike@tequesta.org> Subject: Manatee Law Enforcement Agreement Mimecast Attachment Protection has deemed this fite to be safe,but always exercise putio�when opening files. Good Afternoon Officer Pike, Please find the new Interlocal Agreement for Law Enforcement Services attached to this email. There are no significant changes to the agreement compared to the previous one. I have listed changes to the agreement be(ow. P(ease review and let me know if the new agreement will be approved by the Village Manager and Viilage Attorney. Changes made: • Added Exhibits B and C to the Agreement (i.e. Payment Request Form and the Daily Report Form) • Effective Date and Term of Agreement, now extends to 5 manatee seasons fram Nov 2018 to March 2023. • Added Article 31y Public Records • Verify contact information for Authorized Representative (Article 7. B) and addresses for Notice (Article 13) are correct Let me know if you have any questions or edits to the document. Thank you, Mayra Ashton Environmenta� Analyst Envirormental Resources Management Palm 6each Co�mty 2300 N. �og Road West Palm Beach, FL 33=t I 1 561 -233-�451 mashton_��bcqov__ory Under Florida law, e-mail addresses are pubiic records. If you do not want your e-mait address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. i PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Ag�eement 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, F/orida 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) 768-0685, OR AT Imcwilliams(a�tequesta.orq, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.