HomeMy WebLinkAboutDocumentation_Regular_Tab 03_01/10/2019 �r �
Memo
To: James M.Weinand
Accting Village Manager
From: Debra Teffrin
Executive Assistant
Date: November 20, 2018
Subjec� FEC Heal E�abe Lease Fle 281-1-12A Annual Lease Extension
The attached is a real estate lease beiween FEC ROW LLC and the �Ilage of
Tequesta. The Village receives the opption to extend the lease annualy for an
ad�tional 12 months with a 5% increase as per the lease.
This will go on the c�nserrt agenda along with the other items you sign under
$25,000.00, and the invoice once received is processed by Public Work�s.
Thank you.
�fEc FEC ROW LLC
--- — FEC ROW LLC
7411 FulleRon Street,Suite 301 �Jacksonville,FL 32256
www.fecrwy.comlreal-estate-services
November 16, 2018
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Re: Real Estate Lease(File#281-1-2A)dated 1/30/2006 by and between FEC ROW, LLC formerly known as FDG
Flagler Station II, LLC, as Lessor("Lessor')and Village of Tequesta, as Lessee("Lessee")
Mr. Couzzo:
We are writing to inform you that the terms of the referenced lease provides you the option to extend the Lease
for an additional 12 month period provided that you furnish the Lessor advance written notice. To expedite your
exercise of this option we have provided below a place for you to acknowledge exercising this option by returning
a signed copy of this letter.
If you choose to exercise this option,your Lease will be extended from January 30, 2019 through January 29, 2020
at a 5%increase from the previous rental rate;therefore your new annual rate will be$4,073.75 for this period.
All other terms and conditions of the Lease shall continue to be in effect during the extended term. In anticipation
of your renewal,you will be receiving an invoice for the extended term with the 5%rent increase.
If you do not intend to exercise your option to extend this Lease, please do not return a copy of this letter and
instead please refer to provisions of Paragraphs 12 and 13 of your Lease which advise you of your obligations and
requirements for termination.
Please return a copy of this letter signed and dated below to my attention. In addition, please forward an updated
Insurance Certificate for our file.
If you have any questions, please contact me at 904-538-6259 or Erich.Smith@fecrwy.com.
Si`ncerely;
—�
`�=� --
��--—
--- _ .-4�--��
-- , �__—
Erich Smith
Real Estate Manager
ACKNOWLEDGED AND ACCEPTED:
/
This � ay of � Ol� tfj `r'C 2018
By:
Prin and Title .�
�c'-i�,�,y !///�GC'f����i�
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florido Siatutes,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
�Ilage's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records,or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119,Florida Statutes. A CONTRACTOR
who fails to provide the public �ecords to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attome�s fees and costs
pursuant to Sec. 119.0701, Flarido Staiutes, and other penalties under Sec. 119.10, Florido
Siatutes. Further,CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement o�associated with the perFormance of the work described in the Proposal
or&d 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
�Ilage. 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 �equired by the Village. If the CONTRACTOR transfers all public records to the �Ilage
upon completian 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 reco�ds 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 fo�mat 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 PUBUC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561� 768-0685, OR AT
Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to Article XII of the Palm Beach County Charter,the OfFice of the Inspector General
has jurisdiction to investigate muniapal matters,review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal goveming bodies
based on such audits,reviews,or investigations.All parties doing business with the Village shall
fully cooperete with the inspector general in the exercise of the inspectar general's functions,
authority, and power.The inspector general has the power to take swo�n statements, require
the production of records,and to audit,monitor,investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect,deter, prevent, and
eradicate fraud,waste,mismanagement,misconduct, and abuses.
TEQUESTA POLICE DEPARTMENT'
.�
MEMORANDUM
To: James Weinand, Acting Village M nager
From: Gus Medina, Chief of Polic ''�
Date: December b, 2018
Subject: MOU for Access to the Driver Vehicle Information Database (DAVID)
This item is a Memorandurn of Understanding(MOU)�vhich is between the Village of Tequesta
and the Driver and Vehicle Inforrr►ation Database (DAVID)
In order to continue access with DAV[D, Teyuesta Police Department�tiill have to meet the
e�pected requirements and have the proper safeguards in place. In order to be compliant with the
requirements of federal law,they are requiring that agencies with access to DAVID enter into an
amendment certifying compliance.
A SAFER
FLID
Tony L. Emden
Ea cuttw Disactor
aaoo ApeMoho a Parkway
HIGHWAY D MOTOR VEHICLES 'tin —,t Ftortd* 333416-0600
wwwJhmRgor
November 21, 2018
Tequesta Police Department
Atte: Abigail Brennan
345 Tequesta Dr.
Tequesta, FL 33469
Re: Manofandum of Understanding
Contract No.: HSMV-0257-18
Dear Abigail Brennan,
This lever is to advise that the Memorandum of Understanding (MOU) for access to the Drina and
Vehicle Informattion Database (DAVID) is beriag amended pu avant to Section 'VIII., of the MOU to
include additional requirements regarding the deceased date of individuals provided in the DAVID
application (see attached amendment).
The deceased date provided by the Department of Highway Safety and Motor Vehicles (Department) via
the DAVID application is obtained from the National Tec6nical leforin tion Service (Nn ) through the
NITS Limited Access Dath Master File (DMF), as defined in 15 CFR *1110.2. We have been advised by
NTIS, that in order to continue our access to the Limited Access Death Master File, we mat ensure that
anyone we share the data with has authority to access the information, bas controls in place to protect the
data, and is aware of the penalties associated with misuse of the data. In summary, access to data form the
NITS Limited Access Death Master File is subject to the following requirements:
(1) Pursuant to 15 CFR 41110.102, the Requesting Panty certifies that its access to DMF information
is appropriate because the Requesting Party (a) has (i) a legitimate fraud prevention interest, or (ii) a
legitimate business purpose pennant to a law, governmental rule, regulation, or fiduciary duty, (b) has
systems facilities, and procedure; in place to safeguard such information, and experience in maintaining
the confidentiality, security, and appropriate use of such information, pursuant to requirrllleats reasonably
similar to the requirements of 'action 6103(pX4) of the Internal Revenue Code of 1986, and (c) agrees to
satisfy such similar requirements.
(2) Pursuant to 15 CFR §1110.102, the Requesting Party aati45tes that it shall not: (i) disclose DMF
information to any parson other than a person who meets the requirements of Section 1 above; (ii)
disclose DMF information to any person who uses the information kr any purpose other than a legitimate
fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule,
regulation, or fiduciary duty, (iii) disclose the DMF information to any person who further discloses it to
any person other than a person who meets the requirements of Section (1) above; or (iv) use the DMF
• UM= • Chair, • Courtesy • hafissioeal an • inaaratioa
An Equal Opportunity Employer
Novembar 21,2018
Ps�e 2
infoam�oa�or any pamose othc tban a le�e fiand pncvenrtian in�reet ar a l�e busi�
P�P�P�to a law.govanmeaW rn1e,�n ar fi�uy�►•
(3) Fu�+e W oomply with 1 S C.F.R §1110.102 p�W the deca�ed date of�n individual
may n�nk in pmdti�s af S1,000 for ach d�dawne a uuree.up w a muicnum of SZSQ000 ia peaahies per
�yeu,pura�t to 1S CFR�1110.200.
Ya�r a�ency mo�t tneet the ab�v�e mquir�s aod hev�e tbe pupa safeguard�in pLoe�s outlioed in the
amaalo�t to oomtinue h�ving acoess�o DAVID. In order to wau+e oomplianoe with t6ae expas
�of foderal law,�e m roquirina tMt agcncie��►itb aoceas to DAVID eata into an
amend�eat certifying oomplimoe with ttie abov�e nequiraoarts,and p�o�iding speciSc infa�tioa as to
)ro�v yoac's�eacY qaalifia W nooexve aa�ea�w i�ocm�tian$+o�►d�e IVTIS Limitad Accxat Dath Ma�det
Fi1e.
Pncswmt Eo Sectioa 1X.,(c�of y�oar cune�at MOU,thia is notioe th�t we imand tu canod ya�r MOU if the
d8ned+m�mdn�.includin8�informatian as noted abo�+�e,ia not e�eoeived withm thi�iY(30�daYs
from tbe dtte of tlmt let�. Plare te�ura tLe ameadnea�in a timdy maona to awid tamim�ion of the
MOU aod ac�t�u DAVID.
Pka�mail tbe si�ed amendmeat to:
Chief,B�neau of Rooatda
2900 Ap�Chee Parkwry,MS 89
Tallahwee,Flozida 32399
'I'ha a�tacobe�d ame�dmeat an be�eiem+nmally to tbe addee�p�vided bebw►;ho�aeYrr,plea�e nmit
the aigmal via U.S.mail. If you hsv�e aa3'9�•P�eaee do tat hea�te to oaatsct the I�a Listing
Uait at(8S0)617-2805 or Da�alistmgnnitQ��v.�v.
Si�etdy.
. �
St�emie D.Duhect,Ch�ef
Divisian of Mo�o�ist Sarvices
B�uaK►of R�eoad�
�v No.:oZs�-is
�o�'r No.s
mn�E
�MowurouM oF uNo�esr�a�w
e�wE�
TNE FL,ORIQA DEPARTMENT OF IIIGMWAY SAFETY AND MOrtOR VEHKIES
AND
TEQUESTA POLICE OEPARTMENT
THIS AMENDMENT N0. i, is made to the MEMORANDUM OF UNDERSTANDING (MOU) betwe�n the
FLORIDA DEPAR7MENT OF HIGHINAY S�AFETY ANO MO'f�R VEHICLES,hereinafter r�efemed to as"Providing
Agenc�'or"Deps�tment;md TE4UESTA POLICE DEPARTMEIYT,her�einafter reFerred to as"Re4�i�8
party,"coUectivNy rcfeired to as'die Psrties,"ezecuted on o�about il/7/2017.
WHEREAS,the MOU was acen�ted t�the purpose of esbbNshing the cord�ians and Nmitations under
which tl�e Providin6 Asenc�►�ees to Pr'ovkk ekctroNc atass to WWID informstion w the Re�1���6
Party;and
WHERE/lS.as requircd in the MOU,scass to snd use of DAVID infamation shail be i�a000rdana with
Chapter 119,Fiorida Statutes,snd the Drive�'s PHvac}I Proteetioo Ad(DPP/y,and may only be disdosed
to persons to whom disclowre is suthorked under Norida law and tederal bw;�d
WMEREAS.in order to ens�xe that this MOU aompries with the rcquinements of Fedenl law,the Partks
wish to add additbnal lan�wge addrcssing acceu w and disdos�ue of data that may include the deceased
date of an ir�ridual;and
WHEREAS, chan,es to the MOU are requirrd to be made in wHting, in aaorda�xe with section VIII.
9m�%�
wHEREAS,this Ame�dment is rcquired to add the addition�i aompiiaaoe r�eq�remeMs to the Mou.
NOW TNEREiORE�in aonsideratio�of the mutwl benefits to be derired he�e from,the Pa�ties h�reto do
hereby amend the MOU as foliows:
I. Added language is sfwwn hercin as unde�lined. Existi�g la�wge tFwt was akeady�de�ned k
shown herein with a double-under�ne.
II. The third pangraph of sectbn III. ���I �� r tv.is her+eby amended ss follows:
Under this MOU�the Requesti�Party will be provided,via remotc electronic mesos,intomnstion
pertaini�g to driver lianses and vehides, induding personal information autt�o�ized to be rckased
punuaM to Section 119.0732�2), FbrWa Ststutes�nd DPPA. By executing this IN�U. Req��6�Y
�rea to msi�tain the oonfid�ntisl and e�oeempt ststus of any, and aN infonnation provided by the
providing Asency purwaM to this�reement a�d to ensurc that any person or eMity aaasing or ucilizing
said informatia� shall do so in mmpli�na wRh Section 119.0712�2�. Fbrida Statutes and DPPA. In
Pase i of 4
DAVID MOU Ame�dment AddNig DMP Dab Complisnce(New 11/2018)
. �
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HSpAV No.:0257-18
v. �tem o., under enac part of settion v. d�at begins witn "Ttrc Psrties
mutwl�y agree to the�oNoM►ing.�',is hercby a1nlnded as fONOws:
D. The Requesting Party shait tompl�l with Ruk 74-2, Florida AdministratiMe Code. and with
prpyidiry� Ag�Cys seturit�l poides, and empioy adeqwte securitY �n�es to protect Providing
Ag�nC�s �, �ppliqtion� daa, rcsouroes, and servias. The spplicable ProvldinB AgencY
seqirity Pdides shall be rt�ade availabk to Requesd�Party.AdditiaaN�►,with rcspett to the�
.�_ � __ ��z.�....� .�., o..��.vs..o a,rry ���1 ha�ve �ms faditfes. and oroaedures in olace m
�- �t�� t� ..•.-.�w•� �••��••t to r�eo���r�s r�easonablv si�Mlar tn the r�eauircm�ttt�of secilol
VI. is hereby added to the MOU as follows:
a.�rrt to lY B.iva)abare the Rea�..�� Partv aertifles that tn D�AF informallon is
P�se indkate��er the R•�••�•,� a..�..i.�.M�re r�..d�sdesc the deoeased date of anv
ind"widual m arw other oerso�a endtv. Ya No
If tF�R..4f�_.��Partv des�es to�-disdose the de���dat�of arn individui�to anv other oerson or
�. .�.,a....� ti.. ,c rcQ s���e� s a...�..�.�e Partv who is a CertiAed Pe�son mav onhr disdose the
J ' -_J J�_ �L i Jtii fI I�L��\��Ik�i�����r.r`-S WI�Lfl{ic� '�.-3 CCI��111Y 1\K.r
VII. All other tern�s and oonditlons of the orlgMal MOU�ot henein revised shaN be and rema�tF►e
samt in fuR force and efFect.
REAAAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 3 of 4
a►wo Mou anendmenc aadin�oMF wa eompNsnce(Me�w 11/2ois)
HSMV No.:0257-18
IN WITNE55 WHEREOF, the un ersigned have caused this AMENDMENT to be executed by their
authorized officials as of the I date indicated below.
For:Teq�s�. olice ent
r;
.� ��� %
Signature
�
��� � �CI� 'Llr �,�li' � l +C
Title
) � c=� / 1 '��
Date
For. Florida Department of Highway Safety and Motor Vehicles:
Signature of Authorized Official
Printed/Typed Name
Title
Date
Page 4 of 4
DAVID MOU Amendment Adding DMF Data Compliance(New 11/2018)
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Starutes, 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 6e inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119,Florida Stotutes. 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 Staiutes, 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,T�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[�tequesta.or�, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Beach County Inspector General
Pursuant to Article XII of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipal matters, review and audit municipal contracts and
other transactions,and make reports and recommendations to municipal governing bodies
based on such audits, reviews, or investigations.All parties doing business with the Village shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power.The inspector general has the power to take sworn statements, require
the production of records, and to audit,monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud,waste, mismanagement, misconduct, and abuses.
Village of Tequesta
345 Tequesta Drive , �' � ' • 561-768-0700
�
Tequesta, FL 33469 �v�«v.tequesta.org
��
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"1'f:O�'l�.S'1'.A P�'13LIC ���(�)1:1�� I�I:P:�1:T'�IF_N"I' \Il:�\[OIZ�1NllC:�I
't'��: �a�ncs ���einand, �'illagc �IanaQer
l�rom: Douglas \I. Chambcrs, Director Public \�'orks
Subjccr. IndemniEicaaon :A�rccmcnt��illa�c of'1'cqucsta Right ot\C'a�-
llatr. L�cccmbcr 1%, ?l l l 5
�Chi� :��cnda itcm rcfcrcilccs tllc agrecmcnt fuc incicmiutication cclauii� ru nc� rcm�n-al ��f hcdgcs,
placement of sod, irri�atic,n ancl continued tnaint�nance in the �'illatic ri�ht <,f���a� at 39 Pu1e '1'ree
Placc.
'Che �'illage��-ill remu�-c nc� hcdges in the ri�hr c>f«�a� znd d�e home�����ncr .Anna Grecco «-ill instnll
s��d, irrigation ancl maintain thc ri�ht of�rat- in fr�>nt �>E thc homc in acc<>rciancc «-ith to Thc �'illagc
of�l�cyucsta l,ancl�ca�c ()rclinancc Codc,
. Sec. 73-399.- i�laintenance.
lai
Genet•alli�.
(l)
"Che o��ner, occupant. an�l tenant ancl the re>pecti�e agent of each, i f any, �hall be jointl} and se�zral ly
respon�ible fur all lan�l�capin� an�l irri��ati��n r��uipment, includin�that located in the unpaved portion
of the public right-of-way betwecn the paved poriion of the public right-of-way and the boundary of
the owner's properry. Landscapin�shall bc maintain�d in a good cunditi�m, so a�tu present a healthy,
nca�and or�crly a�pearance at least cqual tu the uri�inal installation, and shall bc I<ept frce fr��m
refusc and dcbris. flnv ilead ��c�ctati�m and land;capin�� ma�crial shall hc pri�mptly rcplacc� with
healthy. li�ing plantin;;. ��e�etltloll pl'OXImal1Y lOCat�C� t0 e1�Ctl'iC utlllty 1i11eS
shall also be ��Iaintained ptirsuant to ��������n 7�-�.
Douglas M. Chambers
Director Public Works
Village of Tequesta
V�ice-AI:i��ur Fcank D':Aml>r:i Ai:i��nr.Ahl�t� Brenn:�n �.��wtcil \fember'l�om P:uem��
e:uuncil \fember�re�cOkun �:��uncil \Iember�"ince :\rena
�illa�c A[sn�.i,�cr �:�mcs\C�einand
VILLAGE OF TEQUESTA
AGREEMENT FOR INDEMNIFICATION RELATED TO
PLACEMENT OF SOD, IRRIGATION AND CONTINUED MAINTENANCE
THIS AGREEMENT FOR INDEMNIFICATION RELATED TO THE
PLACEMENT OF SOD, IRRIGATION AND CONTINUED MAINTENANCE,
hereinafter "AgreemenY', is entered into and effective this r da.y of November 2418, by and
between the VILLAGE OF TEQUESTA,a Florida municipal corporation with offices located
at 345 Tequesta Drive, Tequesta,Florida 33469-0273,hereinafter"the Village"; and ANNA C.
GRECO, ANNA C. GRECO TR. TITL. HLDR., AND ANNA C. GRECO TR., as
owners of the property located at 39 Pine Tree Place, Tequesta, Florida 33469, hereinafter"the
Owners"and collectively with the Village,"the Parties".
WITNESSETH
The Village and the Owners, in consideration of the mutual covenants contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties,hereby agree as follows:
1. PLACEMENT OF SOD, IItRIGATION AND CONTINUED MAINTENANCE: The
Village will remove the existing hedges in the Village right of-way at 39 Pine Tree Place and
grade the area.Thereafter,the Village hereby authorizes the Owners to place sod,irrigate and
continue maintenance in the Village's right-of-way at 39 Pine Tree Place, Tequesta, Florida
33469 ("Sod Placement, Irrigarion and Maintenance"). The affected Village right-af-way
includes approximately one hundred thirty-five feet(135'}commencing at the comer of Pine
Tree Place and River Drive and extending westward to the Owners' property boundary. The
Owners shall ensure that such sod placement is conducted by a licensed and insured contractor.
The Owners shall be required to urigate and ma.intain the newly placed sod. Should the newly
installed sod die within one (1) yeaz of installation, the Owners shall be responsble for the
removal of the sod and replacement with new sod. The Owners shall be fuliy responsible for
obtaining any and all necessary permits prior to commencing the Sod Placement, Irrigation
and Maintenance. The location of the Sod Placement, Irrigation and Maintenance is more
particularly described and depicted on the document attached hereto as Exlu�bit"A".
2. COSTS AND EXPENSES: The Owners agree to,and shall be fully responsible for,all costs
and expenses associated with the Sod Placement, Irrigation and Maintenance. The Owners
INDEMNIFICATION AGREEMENT—SOD PLACEMENT,IRRIGATION AND MAINTENANCE
further agree to, and shall be fully responsible for, any and a11 sod removal and replacement
costs and expenses pursuant to Section 1. above. The Village is in no way responsible for
providing any compensation of any sort to the Owners, or any other entity, for the Sod
Placement,Irrigation and Maintenance.
3. IlVDEMNIFICATION: The Owners shall at all times indemnify, defend and hold harmless
the Village,its agents,servants,and employees,from and against any claim, demand or cause
of action of whatsoever kind or nature,arising out of any error,omission,negligent act,conduct,
or misconduct of the Owners, their agents, servants, or employees in the performance of the
Sod Placement, irrigation and Maintenance.
4. TERMINATION;NOTICE: This Agreement may be terminated by the Village or the
Owners upon thirty(30) days written notice to the either the Village or Owners. Termination
of this Agreement shall not absolve the Owners from compliance with Village codes regarding
maintenance of landscaping adjacent to their property. Notice shall be considered sufficient
when sent by certified mail or hand delivered to the Parties during regular business hours at
the following addresses:
As to THE VYLLAGE As to THE OWNERS
Village of Tequesta Anna C.Greco,Anna C.Greco Tr.Titl.
345 Tequesta Drive HIdr.,and Anna C. Greco Tr.
Tequesta,Florida 33469 39 Pine Tree Place
Attn:Deputy Public Works Director Tequesta,FL 33469
Attn:Anna C. Greco
5. VII..LAGE RIGATS: It is agreed and aclaiowledged by the Parties that the Sod Placement,
Irrigation and Maintenance is being conducted on an area that is a public right-of-way located
in the Village. Nothing in this Agreement shaIl be construed to in any way limit the Village's
rights to the public right-of-way being impacted by Owners' Sod Placement, Irrigation and
Maintenance. The Village,its employees and other agents,shall maintain the absolute right of
ingress,egress and access to the Village's right-of-way for any and all purposes now and after
Sod Placement,Irrigation and Maintenance. Furthermore,the Village shall maintain all rights
to its public right-of-way,including those related to current or future modifications to the right-
of-way and any projects to be performed therein, which may or may not include, at the
Village's sole discretion,modification to or removal of, landscaping and irrigation material.
Page 2 of 3
INDE�INIFICATION AGREEVIENT—SOD PLACEn�1ENT, IRRIGATION AND\�IAIi�1TENANCE
6. ATTORi\1�Y'S F�ES: In the event a dispute arises concernin� this A;reement, the
prevailing party sllall be awarded reasonable attorney's fees, including fees on appeal.
7. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in
accordance �vith the laws of the State of Florida, and venue sl�all be in Palm Beach County
should any dispute arise �vith regard to this A�reement.
8. AITEND�IENTS & ASSIGN��IE\TS: This Agreement, all Exhibits attached hereto,
constitute the entire agreement and understandin�beriveen both Parties; no modifications shall
be made to this Agreement unless in writing, a�reed to by both Parties, and attached hereto as
an addendum to this Ab eement. The Owners shall not transfer or assign the services and
provision of�oods called for in this Agreement without prior written consent of the Village.
IN WITNESS WHEREOF,the parties hereto have executed this A�reement the date and year
first above written.
WIT�BSSES: ANNA C. GRECO,ANNA C.GRECO TR.TI'I'L.
HLDR., :�\rD A1�1NA C. GRECO TR.
�a-/a -lf7
A na C. Grec
ATTEST: VILLAGE OF T UES
_/�. ��
Lori McWilliams, i�IMC a s 'I. einand, Acting Village Manager
Villa�e Clerk
(Seal)
Page 3 of 3
PUBLIC RECORDS. In acc�ndance 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 pertoRnance of the wotic described in the Proposal or
Bid. Upon request from the Vllage's custodian of public records,
CONTRACTOR must provide the Vllage with copies of requested
records, or allow such records to be inspected or copied� within a
reasonable 6me in accordance with access and cost requirements of
Chapter 119, Florr� Sfatutes. A CONTRACTOR who fails to
provide the public records to the vllage, or faiis to make them
available for inspec�ion or c�pying, within a r�easonable bme may be
subject to attomey's fees and costs pursuaM to Sec. 119.0701,
Florida Statutes, and other penalties under Sec. 119.10, Florida
Sfatutes. Further, CONTRACTOR shall ensure that any exempt or
oortfidential records assoaated with this Agreement or associated
with the performance of the work described in the Proposal or Bid
are not disdosed except as authorized by law for the duration of the
Agreement terrn, and following completion of the Agreement if the
CONTRACTOR does not transfer the rec:ords to the Village. Finally,
upon completion af the Agreement, CONTRACTOR shall transfer,at
no cbst to the vllage, all public records in possession of the
CONTRACTOR,or keep and mairrtain public records required by the
V'illage. If the CONTRACTOR transfe�s all public records to the
V'illage upon completion of the Agreement,the CONTRACTOR shall
destroy any duplicatie public reoords tha�t are exempt or confidential
and exempt from public records disdosure requirements. If the
CONTRACTOR keeps and maintains public records upon
completion of the Agreement, the CONTRACTOR shall meet all
app{icable requireme�s for retaining public nec:ords. Records that
are stored ele�ctronicalty must be provided to the VILLAGE, upon
re.quest from the Village's custadian of public records,in a fomnat that
is c�mpatible with the YOage's inforrnation technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATtON 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�teau�ta.ors�. OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
Village of T'equesta
345 Tequesta Drive 561-768-0700
Tequesta, FL 33469 ��-��-�v.tequesta.c>r�
:`7
� �-
�t�l:OC�:�"1'.A P[�13],IC \C�O1�[�� ��I:P:AR1��If�A'��"1� \fI:AfOP�l\DL��I
"1'0: �lincs 1C'civancl, �'illa�c �AIana�er
From: Dcxi�;la� ,\I. Chainbcrs, llircctor Public \C'c>rks
Subject Public tiaEen� Facilin- I'est Contcol
Date: l�cccmbcr 18, 2U 1 S
'l�he 1-�<>llc>a�in� .lgcnda itcm rcfcrcnccs an a�rccmrnt«-ith \ozzlc Nolcn for Pe�t c<�n�rol Eor the
interior ancl cttcrior of tlic Public Safety f�acilit��.
This _�nnu:il :\�rccmcnt�cill includc thc trcatmcnt oE insccts, ants, rc�aches, spicicrs, crickcts and
sil�-crfish ancl 1 G rodcnt bait static>n to includc thc cGsposal oE dca�l rats around thc builcling and
perimctcr of tl�c Eacilin'.
'I�he cost for I'cst Contrc>l ���ill bc split bcn�-ccn du Policc and l�irc [�cpartmcnt.
1�otal =�nnual Cost S?993.01)
Douglas M. Chambers
Director Public Works
Village of Tequesta
V-ice\Iat�or I�r:uik ll'.Ambra \I:n�r�r:AI�bt�Brenna❑ C�nincil \Icml�cr'1'oin Parrrnn
C:c,uncil \Icmhcr 5rc�-e Okuii (:uuncil \Icmbcr V'incc _Aren:i
\'illage \Luta�rr �amcs\\cinan�l
. ' Commercial Agreement
NozzleNoten_ Agreement#4
Prepared For Prepared By
VILLAGE OF TEQUESTA, Noule Nolen
(public Safety) Kevin Grindell
357 Tequesta Dr 34101d Dixie Hwy
Jupiter,FL 33469-3088 Jupiter,FL 33469
pnawrocki@tequesta.org keving@nozzlenolen.com
(561)768-0557
Service Location:357 Tequesta Dr,Jupiter,FL,33469-3088
Item Qty Freq Initial Recurring Total
10(Pest Control) 1 12-Monthly $320.00 $243.00 $2,993.00
Treatment for crawling insects-Ants, Roaches, Spiders, Crickets and Silverfish.
Service 16 exterior rodent bait stations. Subtotal $2,993.00
Interior rodent trapping as needed.
First Year Total $2,993.00
SubsequentYearTotal $2,916.00
Bitling Address
Already on file
Page 1 of 4
Commercial Service Terms
ADDITIONAL TERMS AND CONDITIONS
Noule Nolen agrees to provide Integrated Pest Management services&quality assurance inspections at regular intervals to control
structure invading pests.
If a covered pest is seen within the structure between scheduled services a Nozzle Nolen IPM Service Specialist wilt re-visit the
premises within 24 hours at no additional cost to the client
A list of recommendations and/or requirements may be made during each service visit.Poor sanitation and/orfailu�e to abide by
the recommendations may result in an increase in pesticide applications at an additional charge or in some cases,voiding of the
warranty.
MATERIALS:The materials used shalt conform to Federal,State,and Local ordinances.
YOUR COOPERATION:Your cooperation is important to ensure the most effective results f�om Noule Nolen,Inc.in the even you
have ta reschedule the service,please notify Noule Nolen,Inc.within 24 hours in advance.
DAMAGES:This Agreement does not guarantee against,and Noule Nolen,Inc.shall not be liable for,any consequential damages of
whatever nature,including damages to person,animals,or property,resulting from the fire ants,pharaoh ants,carpenter ants,
rodents,spiders.
REMEDIAL MEASURES:Circumstances may warrant additional work to install and initialize IPM Services.Proximity to existing
Rodent Harborages and/or existing infestations may require remedial measures to be performed at the beginning of this Agreement.
Such conditions shall be described by the Noule Nolen,Inc.representative and approved by the Customer.If the Customer does not
want some/all of these measured dealt with,Nozzle Nolen,Inc.wil!not guarantee those pests.These additional services will be a
separate charge and written on a separate agreement and must be approved by the Customer before the services are performed.
TERMS OF SALE/BUYERS'S RIGHTTO CANCEL:In consideration of the above service packages,the undersigned agrees to pay in a
timely manner.The initial/first payment is due at signing of this Agreement.Service may have tax induded,depending on local,
state(aw.Terms of sale are met at the time of service.A 1.59�6 per month,(1896 annual)service charge will be imposed for delinquent
accounts.Customer may cancel t his transaction(in writing}at any time prior to midnight the third business day after the date of
this transaction.The Customer acknowledges that he/she has read and understood this Agree-ment and witl abide by its terms.The
"Auto Debit"payment plan authorizes Noule Nolen,Inc.to automatically withdraw the monies due after each service is rendered.
Checks retumed for any reason will charged a$25 reprocessing fee.Necessary price adjustments may be negatiated anytime after
the first year.The customer will be responsible for atl costs associated with collections and/or attorney fees necessary to colled
monies owed.
NOZZLE NOLEN,INC.OWNERSHlP OF EQUIPMENT:The Customer understands that all component5 used for the elimination and/or
prevention of the covered p�ts will remain the property of Noule Nolen,Inc.unless othen�vise purchased separately by the
Customer.The Customer has no rights to any of the components,other than the right to use as installed by Noule Nolen,Inc.on the
Customers'premises unde�this Agreement.On expiration or teRnination of this Agreement,Noule Nolen,Inc.is authorized by the
Customerto retrieve the components from the Cuscomers premises.This service and its components are fully transferabte to the
new owner should a sale of the premises necessitate.
ADDITIONS,ALTERATIONS AND OTHER CHARGES:This agreement covers the Strudure(s)identified on the service agreement as of
the date of the initial service.The Customer will immediatety notify Noule Nolen,Inc.in writing of any changes to the square
footage of the Structure.Failure to notify Noule Nolen,Inc.in writing may void this agreement.Any changes to the square footage
of the Structure may warrant an adjustment in the annual fee to guarantee a pest-free environment
HOLIOAYS:If your service date falls on a holiday in most cases,your service will be done the business day prior or after the holiday.
RENEWAL OF AGREEMENT:This Agreement may be renewed automatically annually upon review from customer and Nozzle Nolen
(subject to price increase)unless cancelled in writing by either party with a thirty(30)days notice.
CANCELLATION OF THE AGREEMENT:It is understood that should this Agreement be cancelled,for any reason,before the first year
of service is completed,above account will pay a cancellation fee at the charge of one�egular service visit Nozzle Nolen,Inc.and
Owner agrees that as to any civil action or legal proceedings arising out of or relating to this Agreement,the laws of the State of
Florida apply and venue shall be in Palm Beach County.
Page 2 of 4
Approved Approved By
/o�-/�-ao/� �(2i91,iti �q'�1�1,L�R,��i i2�izizois
(pu c S Date Kevin Grindell Date
Noule Nolen
JE6E058
Page 3 oF 4
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16 exterior rodent bait stations
_
Page 4 of 4
PUBLIC RECORDS. fn 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 Viliage with copies of
requested �ecords,or allow such records to be inspected or copied, within a reasona6�le time in
accordance with access and cost requirements of Chapter 119,Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorne�s fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and ather 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 �Ilage, ap public records in possession of the CONTRACTOR, or keep and maintain pubtic
records required by the �Ilage. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement,the CONTRACTOR shalt destray 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 shalt 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 �Ilage's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPUCATION OF CHAPTER
119, FLORIDA STATUTES,TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
tUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Palm Seach County Inspector General
Pursuant to Article Xll of the Palm Beach County Charter,the Office of the Inspector General
has jurisdiction to investigate municipaf matters,review and audit municipal contrads and
other transadions,and make reports and recommendations to municipaf governing bodies
based on such audits,reviews,or investigations.All parties doing business with the�Ilage shall
fully cooperate with the inspector general in the exercise of the inspector gene�aYs functions,
authority,and power.The inspector genera)has the power to take sworn statements, require
the production of records,and to audit,monitor,investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the�Ilage in order to detect,deter,prevent,and
eradicate fraud,waste,mismanagement, misconduct,and abuses.