HomeMy WebLinkAboutDocumentation_Regular_Tab 03_10/11/2012 7 t;r� V ILLAIaC Vr I ClolUC.� 1 A
- AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text.
October 11, 2012
Consent Agenda: Yes Resolution #: Click here to enter text.
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council:
3. BUDGET / FINANCIAL IMPACT:
Account #: Click here to enter text. Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
Click here to enter text.
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
1. Per Village Ordinance we are presenting the following agreements, proposals, commitments
and memorandum of understanding to Council:
a. Nextel Lease Termination Agreement and General Release.
b. Tanner Industries, Inc. Piggy Back Renewal Agreement.
c. Siemens Industry, Inc. Renewal Agreement.
d. Molly's Trolleys of West Palm Beach Agreement.
e. Toshiba Business Solutions Maintenance Contract/Police Department.
f. FP Mailing Rental Agreement (Postage Machine)
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
� No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION: ❑
• APPROVEITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
,,� MEMORANDUM
- Village of Tequesta
°° Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: October 11, 2012
SUBJECT: Presentation of Agreement, Contracts, etc.
Per Village Ordinance I respectfully present the following agreements, proposal,
commitments and memorandum of understanding to Council.
a. Nextel Lease Termination Agreement and General Release
b. Tanner Industries, Inc. Piggy Back Renewal Agreement
c. Siemens Industry, Inc. Renewal Agreement
d. Molly's Trolleys of West Palm Beach Agreement
e. Toshiba Business Solutions Maintenance Contract/Police Department
f. FP Mailing Rental Agreement (Postage Machine)
Thank you.
1
� ° Rental Agreement �
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CHECK ALL THAT APPLY FOR UPGRADES. RENEWALS. AND CHANGE OF OWNERSHIP
FP Mailing Solutions � New Customer Accounl No.: 600d37045
140 N. Mitchell Ct.
Suite 200 � Re�ewal Contract No.:
Addison, IL 60101-5629
Tel: 800 341-6052 ❑ Change of Ownership (If name/address change please provide
� � current account information for ver�cation): PLEASE PROVIDE ALL RELEVANT INFORMATION:
www.fp-usa.com
Promo Code:
Special Promo Terms:
� Upgrade From: ❑ Price and/or Terms Exceptions Approval (attached)
❑ Lease Company: Master Billing Acct. No.:
❑ National Acxount Master Postage Acct. No.:
❑ GSA Contract No.: Intemal Use:
❑ State Contract No.:
Navision No. :
❑ USPSt� letter must be attached
Customer Information
BI117ng,Address; Shipping/Installatioe Address
�_ _ =---
Customer. VILLAGE OF TEQUESTA Customer:
Department: Department:
street: 345 TAQUESTA DR sveet: SAME
Ciry: TEQUESTA County: Ciry: County:
State: FL zip: 33469 State: Zip:
Te�: 561-768-0426 Fax: 5617680690 Tel: Fax:
e-ma�e eshields@tequesta.org E
Contact Name: MICHAEL COUZZO/Eve Contact Name:
lb 59-6044081 � Tax-Exempt Certficate Attached Distribution to: ❑ Dealer �❑ Customer ❑ Fulfilled from Dealer InveMory
Rental Information
` Quantity ltem # ' Item Description Motrthly Rate Rental Billing lofortnation '
_ . . _ . . . _ :. , _ - .
1 03 Opti30 Postage Meter $ Included ❑ Annual Billin
g ❑ Semi-Annual
1 (scale built into meter) 101b.lntegrated Scale Included ❑✓ cluarterly Billing
1 RGP03 rateguard Included > Initial;Postage_
Please make check payable to CMRS-FP
Check Number
Amount $
Recurring Postage
� *uniimited Resets to be included Included ❑ Reset Debit (application attached)
Totai nnonthly Rental $ 32.95 ❑ On-Demand Debit (application attached)
+If unlimited resets is not checked above, I agree to pay the then-current list price for each occurrence. (initials required)
Tertns: 24 -month rental term (60-mo. initial term will apply unless otherwise selected). i I., ir �
This agreement and the Terms & Conditlons ettad�ed hereto shall automatically and without eny further actlon by either party hereto, renew fw one year periods following the expiration of the inidal tertn and any such
renewal terms, unless and untll either party hereto provides written nolice to the other party of its intent lo so cancel. Sudi written nolice must be delivered no later than ninety (90) days (or the maximum tlme period
pertnitted by applicable law) prior to the end of Me current term. Cancelladon will be effecfive at the end � the then-curreM tertn. FP can charge the monihly rate and fees after the mitlal tertn, with 30 days prior notice.
� i ' -�. ° �, ,' �: ;
Dealer±information
Auffior¢edRe resentffiive: IG� W DealerName: FP Melllflg SOIUtlOf1S Dealer#:4960
Tel: Address:
Tax �D or 630.827.5862 800.884.6905
Drivers License No: State: Tel: Fax:
Author¢ed Signature: X �� Sales Re resentative: Aflgele Tey10�
Title: � Date /��
FM_MG_RENTAGR_07 Page 1 04/25/2011
� � Rental Agreement Terms and Conditions
Francotyp-Postalia, Inc., d/b/a FP Mailing Solutions, Inc. ("FP"►, makes the following agreements with the e. FP reserves the right to replace your rented equipment with products with similar or enhanced features
customer set forth on the first page of this RenWl Agreement ("Customer") for the Term - an Initial Term in the event your current equipment is not replaceable or has been decertified by the USPS.
(commencing on the Installation Date) - and for any Renewal Term under the term plan cus[omer seleQed 7. IF pAIMS OR DISPUTES BEfWEEN CUSTOMER AND FP SHOULD ARISE:
above: a. If Customer fails to pay rent or other amounts due FP on the date due, or if any legal action commences
1. IXPLANATION OF PRODUCfS which may result.in another's taking of the equipment: FP can terminate this Agreement, wkhout notice or
a. Meter — A device that manages the finanaal transactions of a mailing machine. This can be a standalone legal action, and [ustomer will allow FP to enter the lowtion of the Equipment and repossess ih and
unit or a device, known as a Pastal Security Device (PSD), which is inserted and housed in the mail handling Customer will pay FP accrued rent up to the repossessian date or the curcent term expiration date,
equipment. whichever comes later, and a delinquency charge of 1.5% per month (buY not in excess of the lawful
b. Rental Equipment — My equipment outside of the meter that is rented from FP. Examples indude maximum� on any unpaid amounu until paid. Customer further agrees that, should it become neceswry to
mailing machine base, aaessories, scales, etc. Such equipment may require service, which will be invoiced place the account with a collectlon agency or attomey, Customer will pay all collection costr and attomey
separately to the customer. fees incurred by FP in addition to other amounts due.
c. Rental Services — Non-tangible product services that are rented by FP. Examples include rateguardTM, b. In the event of any litigation 6etween Customer and FP, Curtomer and FP hereby agree that any and all
resets, etc. disputes, claims, actions, or controversies arising between the parties of whatever nature (including, but
2. FP WILL: not limited to, any and all contractual, statutory, equitable, or tort claims) shall be brought only in either
a. Rent to Customer and facilttate installation of the above-listed meter, rented equipment, and/or the United States District Court for the Northern District of Illinois or in the Crcuit Court of the SSth ludicial
services at Cus[omers installation address, in good working order and ready to use. District, DuPage CouMy, Illinois; and both Customer and FP hereby wnsent to both venue and personal
b. Maintain ihe meter in proper operating condition 6y repair or replacement of non-consumable parts. jurisdiction in those courts to the exclusion of all others. Each party also waives any right to a uial by jury.
3. CUSTOMER WILL: 8. ACKNOWLEDGMENT OF DEPOSIT REQUIREMENT:
a. Pay FP using one of our accepuble payment methods including: mailing to the lockbox address stated a. Customer hereby acknowledges that it must trensfer funds W the USPS°, through a lockboz bank
on invoice or paying online at www.fo-usa.com. Failure to pay on-time an result in any of the following: ("lockbox bank") for the purpose of prepayment of postage on Computerized Meter Resetting System
locking of the meter device, being unable W perform resets, and FP recovery of the meter. CusWmer will (CMRS)-equipped meters ("Deposit").
be billed an NSF fee equal to lesser of S50 or maximum allowed by law if check or electronic payment is b. Customer may make Deposiu in the lockboz bank account, Identffied as Unfted States Postal Servlce-
retumed due to non sufficieM funds. CMRS-FP. The USPS• may, at its dfscretion, designate iuelf or a successor as recipient of Deposlts by
b. Intend the rental payments hereunder to be net to FP, and Customer shall pay all sales, use, or excise Curtomer.
taxes; fees or charges imposed on the shipment, transportation, delivery, ownership, leasing, rent, sale, c. Any Deposit made by Customer shall be credited by the USPS° only for the payment of postage through
purchase, possession, or use of the equipment (except Federal or State net Income or frenchise tazes CMRS-equipped meters. Customer shall not receive or be entitled to any interest or other income eamed
imposed on FP�. Customer shatl reimburse FP upon demand for any taxes listed paid by or advanced by FP. on such Deposits.
FP is responsible for any personal property Wzes on ftems reMed. The customer is responsible for sending d. The USPS• will provide a refund in accordance with the rules and regulations governing deposit of funds
FV any property Wx bills. for CMRS, published in the �omestic Mail Manual Transidon Book or its successor.
c. Use reawnable care in the handling and operetion of the rented meter, equipment, and/or services and e. FP may deposit funds on behalf of Customer. The USPS• will make no such advances. My relationship
be responsible for any loss or damage to the rented equipment, including provision for proper insurence concerning advances is between Cus[omer and the Meter Manufac[urer.
cwerege. FP should be named as "addiYional insured" and an updated certificate of insurance should be on f. Customer aclmowledges that the terms of this Acknowledgment of Deposit may be changed, modified,
file at FP at all times. Use of non- FP cansumables (ink, rate chips, etc.) could result in a malfunction to the or revoked by the USPS•, wRh appropriate notice.
machine. The cusiomer is respansible for repair due to damage done by non- FP products. ln the event the g. Postal regulations goveming the deposit of funds for CMRS are puhlished in the Domestic Mail Manual
meter or equipment is damaged the customer is responsible for the lesser of repair or replacement costs. Transidon Book or its successor. Customer acknowledges that it shall be subject to all applicable rules,
These casu are available in the "my account" section of the FP we6site. regulations, and orders of the USPS•. -
d. Not use spedal attachments, printing plates, or other devices, including electronic scales or supplies, 9_ASSIGNMENTS:
with the provided equipment unless FP supplies them or agrees to their use in writing. a. FP may assign the paymerns and other obligations owned by Customer under this Rental Agreement to
e. Use postage meters only for postage imprinting and recording purposes. (Tampering with or misuse of a third parry (the "Assignee") without any prior notice to Customer. If FP does make such an assignment,
the postage meter(s) is punishable under Postal Laws and Regulations.) Customer agrees that the assignee has all of the rights and remedles granted to FP under this agreement,
f. Make immediately available for ezamination and audit by FP or the USPS° any postage evidencing but none of FP's obligations. Customer also agrees to unconditionally pay all amounts due under this
system or PSD in their,possession. agreement to the Assignee, without set-off, regardless of any problems that may arise with respect ta the
g. Notify FP of any change in location of the reMed meter, equipmeM, and/or senrices, and reimburse FP equipment or any claims, defense, or off-sets that you may have or assert against FP.
for any reasonable cost incurred by FP as a result of the change. Reporting of the change of ineter location S0. TERM AND TERMINATIOIJ.
is requtred by the USPS•, a. This Agreement shall be for the Initial Term set forth on the first page of this Agreement, and shall
h. Return the rented equipment to FP, at Customers expense, to a location designated by FP, in good automatically, wfthout any adion by eRher party, renew for a period of one year (a "Renewal Term") at the
condition; normal wear and tear attepted. Custamer also agrees to reimburse FP for any cost FP incurs to end of such initial Term. At the end of such Renewal Term, this Agreement, again, automatically renews for
retum the rented equipment to good condition. an additional Renewal Term, unless terminated in acrnrdance with the terms of Section 10.
i. Be responsible for paying for rate updating software if rateguardTM coverage is not selected. b. Either party to this Agreement may provide notice to the other party of its
j. Customer will be responsi6le for the shipping and handling fees when an exchange is done not related Intent not to renew this Agreement pursuant to paragraph (a) above. Such notice must be in writing and
to a contract change or warrantee claim. See the "my accounY' seRion of the FP website for the current must be delivered to the other party no later than ninety (90) days (or the maximum time period permitted
fees. by applicable law) prior to the end of the IniYial Term or thenturrent Renewal Term.
4. ADDITIONAL 7ERM5 FOR teleset° METER RENTALS: c. This Agreement may be terminated at any time by either party in the event of a material breach of
a. A bank designated by the Postal Service will act as a depository for Lustomers advance postage these Terms and Conditions by Yhe other party. In the wse of such a breach, the non-breaching parry must
payments. provide written notice of such breach to the breaching party. irie breaching party shall have ninety (90)
days �or the maximum time period permitted by applicable law) from the time it receives such notice to
b. Before resetting its teleseL"' meter, Customer must have at least the amount of the reset increment in cure such breach.
Customers account at the designated bank. li. USPS' ACKNOWLEDGMENT:
c. If FP provides temporery advance funds to Customeds account to cover the resettings, Customer agrees a. To the extent that the activities for which the Postal Service is obliged to perform particular functions,
to repay FP's advance within five (5) business days and to pay FP's then-current service fee and/or interest. those functions will 6e govemed by the Domestic Mail Manual, as may be amended from time to time, or
d. FP will invoice Customer quarterly in arrears for the reset fee (if appliable) on each completed �ts successor, in effect at the time of the obligatian. Specifically, to the extent that the Postal Service
telephone reset transaction. provides refunds to customers using postage evidencing devices, the policy and procedure governing the
e. If Customer discontinues its teleseY" Meter rental account, FP will endeavor to have the USPS• return Payment of refunds will be wnducted In accordance with the Domestic Mail Manual, as amended, in effect
at that dme.
the funds (must be over $25) in Cuswmefs account within 90 days after Customers written request, per b. If the meter is used in any freudulent or unlawful scheme or enterprise, or is not used for any
USPS• CFR Volume 73, Number 210, pages 61755-61356 and Domestic Mail Manual 604.9.2.8 regulations; �onsecutive 12 month period, or if the undersigned ukes the meter or allow the meter to be taken outside
but FP does not guarentee that those funds will be retumed by any specific date. the United States without proper written permission of the US. Postal5ervice, Washingtan, OC 20260-
f. telesetTM downloads must he performed on an analog phone line. 6807, or if the undersigned otherwise fails to abide by the signs of postal regulations and this lease
5. reteguard"': re rdin care and use of the meter, that this
ga g Agreement and any related posiage meter rental may be
a. FP rateguard'" is a service that provides automatic rete upgrades to FP Customers when USPS• rate revoked. The undersigned further acknowledge thaY any use of this meter that freudulently deprives the
changes occur. When signed up for reteguard°, the Customer pays a monthly charge to be billed on the U.S. Postal Service of revenue can cause me to be subject to civil and criminal penalties applfable to fraud
same billing cycle as their fP postage meter or FP postage swle. The Customer will receive updated retes and/or false claims against the United States. The submission of a false, £ctitious or froudulent statement
(rete chip, rate prd, software download, or other necessary produc[s) —free of charge from FP, per thelr �n resuk in imprlsonment of up to five (5) years and fines of up to $10,000 (18 U.S.C. 1001). In addkion, a
rateguard'" Program agreement. civil penalty of up to $S,OW and an additional assessment of twice the amount falsely claimed may be
b. FP will provide eligible Customers the opportunity to receive the necessary updated retes �rate chip, imposed (3 U.S.C. 3802). A false sWtement in this application or the mailing of matter bearing a frauduleM
rate wrd, software download, or other necessary products). The Customer's account must remain curtent postage meter imprints are examples of violations of these statutes.
and be in good standing at the time of each rate change W remain eligible for the benefits of the c. The undersigned is responsible for immediately reporting (within twenty-four hours) the thek or bss of
rateguard'" program. the postage meter that is subjed of ihis agreement to the lessor. Failure to comply with this notification
c. The reteguardTM Program must remain in effect on the Customers account for a minimum of the initial provision in a timely manner may result in the denial or refund of any funds remaining on the postage
contract term. Once the initial term is satisfied, rateguard"" will remain in effec[ until the end of the meter at tlie time of lou or theR
corresponding reMal equipment and/or services rental agreement. d. 7he undersigned understands that the rules and regulatfons regarding the use of this postage meier as
d. FP reserves the right to modify pricing with 30-days written notice, after the iniGal contract term. documented in the Domestic Mail Manual may be updated from time to time by the United States Postal
e. reteguardTM does not cover carrier rete changes occurring fewer than 60 days from the date that Service and it is the undersigned ohiigatlon to compty with any current and future rules and regulations
rateguard'"' is added to the Customers existing rental agreement/cont2ct. This restriRion does not apply regarding its use.
to new Customers who have signed a rental agreement fewer than 60 days before a carrier rate change.
6. GENERAL PROVISIONS: THESE TERMS AND CONDRIONS APPLY ONLY TO THE METER, RENTED EQUIPMENT, ANO/OR SERVICES SET
a. Customer acknowledges FP's exclusive ownership of the meter(s) and equipment, and that Customer FORTH ON PAGE ONE OF THIS AGREEMENT AND DO NOT APPLY TO ANY OTHER FP EQUIPMENT.
has no rights except for use for the Rental Term, and agrees to indemnify and defend FP from any clafms,
legal actians, and costs (iMludi� attorne�s fees) resulting from Customer's use and operation, and will Signature of CuStomers Authorized RepfesenWtive:
take reasonable actfon, to protec[ FP's ownenhip.
b. THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND FP, SUPERSEDES ANY PRIOR $�'�
UNDERSTANDINGS OR WRITINGS, AND IS SUBIECT TO WRITTEN FIIVAL ACCEPTANCE BY FP'S MAIN OFFICE.
c. Notices must be in writing and are given, when received by mail, to Custamels or FP's main office or to �°°� ��-. ��
another address of which Cus[omer or FP later give notice. '��� .� ame`
d. When distributlon to customer is selected, the equipment must be set up with the customer wlthin 15
days as rental billing will begin at that time. Any billing issues, as a result of delayed installation, will be the a�'
responsibility of Me Customer.
FM_MG_RENTAGR_07 Page 2 04/25/2011
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Custotner Initiais:
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B�„iSINESS SULIJTi�NS
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GV$TpAAER NI�ER [tAYE
: Sates Represenratrve�
Gustamer agrees to purchase er� T�hiba Busi�ss SoNitions agrees to provide parts, I�or, ink, la�er, �d taner coHection coMainers (� 'Nlaimenance Setvi�es'} for
the �quipmenl �sted bebw � accortlance witP► the terms azid eondiifons of th� cor�tracl. 'The MainRenanoe Seruives �accf�e Paper. staptes a� all other parts a�
services Ilstad tmder the Fscclusron section on page two of tlte contracl. A ConnecNv�y Jf SecurRy Optians Agreemeirt must be altached and executBd for Nielwork
I��Iration Support.
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c��p�„�� N��: Vilfage of TeQue Potice Department �����r
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pixtng�dresa 345 Tequesta Dr _ Pnone�: 561-76$-0554 �ct. tFax#:
dd,oss z co�tecx Brad Gomberg ;c�,er Po �:
c�y: � Tequesta s��e: FL �: 33469 m�_ mbe �tec{uesta.org
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Mete�' Collection: EIBCitoniG Imoicing: Invi�iCe LoCation:
SEE ATTACHED MAINTEl�IAANCE COM7'RA�CT SCHEDULE FOR DfdICE DE'FAtLS
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Minimum Payment Ezcess Eaccess B�iing
Paol Desc�ptian 7ype Indudes Units Paymeni Frequectclt e Fr�quencY
e3aaac 6(ac�c Images 0 ClidcS $ - Monthlq SQ.cwsa8 nnwiu,ry
e3Q40c Colorlmages Q C6GkS - MorNh�Y $OA5283 MonthEy
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� Customer is decbning maintenante on the equ"ipment fisted abave.
_._ __ __._
YriMad Ndme:
_ _. __ _ . _ { Si�laiure:
Title: _ jDate:
THE TERIiR3 AND GONDITIdNS lIEREQF ARE PAR7 OP THIS SERVlCE ACiREERAENT. 8Y �GNING THIS GONTRACT, THE CUSTOMER ACKMt}1Rt1-E1M'+E
THAT TFFEY HAVE READ AND UNDERS?AP�17F�S� TERNIS_
Customer agr�s io pay the Minimum Payment per transactinn terms, plus any Excess Per Clidc Charges for the term of ihis CartUad. When lhis CoMract is signed
Customer and TBS. it shall constiiute a bindNig contract and �s non-cancelah�. This Cantrac# will begai � the tlarte signed 6y T65 helow. Yau here�y ac�cnav+led�e
and agree that your electronic signatwe helowr shaN corestitute an enforoeable and origin�l signat�ue for aN purgo9es.
Customer. Village of Tequesta P�alice Deparkment Toshiba Bus�ness Solutions
Pr§�ted Name: /� I_ �. �, � l.t Z.�.O� �/c. • �ed Narne:
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S[gnature: P Signature:
T'�tle: �/!� e �Q / � Q e� 4�ate' 9l12/2Q12 Tit�: � ��f�ectiveDate:
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,
��� Municipal 3� D�ys Natificatian and
Equipment �tetura Author�zation
B#JSIRlES� SOL UTlOiVS
__ - __ ,_ . _.�
Ffvrldca Date: 9/1 Z/2012
Lease Compasy: Aft�nttioa:
'�osl►iba Bu�ne�s Sol�ns Florida waald like to �etara eqaip�ne�at on behalf of c�stamer, t�e castomer is at the
end of the �se. P�e provide �s t�e retarn qnote a�d shipging i�straa�ioes.
Le�se #: Castonner Name Vilingt of Tequesta Poli�-e Department
Customer Address: �i45 Te�questa Dr �
T�x�csta P��e : 56.1-'732-2b35
MOde! #: Ihkknp M�ci E.2839 Serisl �': f13 # F79�d�i
Modet #: 3erial #:
Mouthly Payme�t S L,ease EgQirat�n Date:
Maa�il�a1 E9wi�re�t Retens Aalt�ot�att�n
I nadtrst�d t�at t�is eqaipment is:
Y
Lessed by eustaner with Toshib� B�sinoss Solutloas Fkrrida. Customer understa�ds t��t they
are rc�ponsibie for any rem�iniog payme�ts owed oa ti�eir account, as well as "final meter
bWing," � Qer f�e origiB�l perchase or�r or i+etter otC�itm�L
COUtSCt: $�d Go#ribCig �oae#:� 561-768-0554 �
PU #?
Gustomex Signatut�elTitle
AE Gurdian �(i1-2�6r1�63
Sates Rep- To�lu'ha BusMess Solutions F�cuida Date Phone #
Ple�se Sign, D�te & F�a Baek #0 954r302-b679
. �
PROPOSAL PREPARED FOR:
VILLAGE OF TEQUESTA PULICE DEPT
E STUDIO 30�OC DIGITAL COPIER
� - ��
, - _ ��
• Net-Ready, e-BRIDGE All-in-One
Architecture � ;
• Out-of-the-Box Network-Ready, Print-
Ready, Scan-Ready, Intemet-Ready ..___ �
• e-FILING {Electronic Filing) •
�
:,,� . � —
i -�
• Versatile Pape� Handling and Finishing _ -
Options
• Robust Security Capabilities
e-STUDIO 3040c
PROPOSED EOUIPMENT: 36 Month Lease
Toshiba E-3040c Digital Copier System $123.91
Reversing Automa.tic Docuraent Feeder $733
Automatic Duplelcing Included •
Stapling Finisher $19.63
Auto Hole Punch $7.08
Finisher Bridge $1.40
2500 Sheet Large Cagacity Tray $6.95
Fax Board Included
Data Overwrite Enabler Included
Print and Scan Controller ! Included
(includes Installation!)
TOTAL $186.38
FULL SERVICE MAINTENANCE & SUPPLIES:
AII-inclusive service agrcement exce�rt fa� paper& staples.
Billed monthl .00689 Per co for Black and White Copies
ALSO INCLUDED AT NO CHARGE:
• Delivery, Installation and Training
• Free Start Up Supplies
• Free Loaner
• Replacement Warranty
State of Florida 600-�0-11-1
A1 Gurdian 561-236-7063
Date of Proposal7-29-12
TOSHIBA
BU9A(1iES5 SOLUTIOIVS
,.• �.�.��
fforidt+
Nextel Site # FL3540
LEASE TERMINATION AGREEMENT
AND
GENERAL RELEASE
This LEASE TERMINATION AGREEMENT AND GENERAL RELEASE (the
"Agreement") is made as of September 07, 2012, by and between ("Nextel") and ("Owner")
with reference to the following facts, understandings and intentions:
RECITALS
A. Owner owns certain property located at 901 OLD DIXIE HIGHWAY, Tequesta,
FL ("Owner's Property"). Nextel, as lessee or tenant (or successor in interest to the lessee or
tenant), and Owner, as lessor or landlord (or successor in interest to the lessor or landlord), aze
parties to that License Ageement dated as of April 14, 2005 (the "Lease") whereby Owner
leases to Nextel a portion of Owner's Property, as further described in the Lease (the "Site").
B. Nextel uses the Site for a communications facility that, pursuant to the Lease, may
include among other things, an antenna tower or pole and foundation, utility lines, transmission
lines, an air conditioned equipment room or shelter and pad, cable wiring, conduit runs, radios
and other electronic equipment, transmitting and receiving antennas and microwave dishes,
batteries and other power sources (possibly including a generator and pad), related fixtures and
supporting equipment, and structures therefore (collectively, the "Communications Facility").
C. By letter dated August 2, 2012, as permitted by the terms of the Lease, Nextel
notified Owner of Nextel's election to terminate the Lease, effective as of April 13, 2013
("Notice"). Owner acknowledges that Nextel's written Notice was properly given and effective.
D. Nextel and Owner are willing to so tertninate the Lease, pursuant to the provisions
of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. Date of Termination; Fina1 Pa ment.
a. The Lease is hereby canceled and terminated effective at 11:59 p.m. on
April 13, 2013 ("Termination Date"). From and after the Termination Date, neither Owner nor
Nextel will have any further rights or obligations under the Lease, and Nextel will have no
further right or interest with respect to the Site.
b. In full and final payment of any and all sums due or owing by Nextel to Owner
under the Lease or otherwise in connection with Owner's Property or the Site, Nextel will make
a final payment of Zero Dollars ($0.00), in the same time and manner as rent is currently paid by
1
04 iDEN DeComm Lease Temvnation Agreement OS I42012
Nextel Site # FL3540
Nextel, constituting Rent and other charges (if applicable) for the final month of the Lease (from
March 14, 2013 through April 13, 2013) (the "Final Payment").
2. Vacation and Surrender of the Site; Site Acceptance.
a. Owner and Nextel have expressly agreed that, on or before the
Termination Date, Nextel will vacate and surrender the Site to Owner in its current "AS-IS"
condition, except that Nextel will remove from the Site the following (the "Removed
Equipment"):
Nextel's radios and back-up batteries
Nextel will have no further obligation (notwithstanding anything to the contrary contained in the
Lease or othervvise) to remove the Communications Facility (all of which will be deemed
abandoned by Nextel and accepted by Owner) or othervvise repair or restore the Site or any other
portion of Owner's Property.
b. Upon Nextel's vacation of the Site, Owner and Nextel will each execute
duplicate originals of the "Site Acceptance and Release" in the form attached hereto as Exhibit A
("Site Acceptance"). Owner's execution of the Site Acceptance will constitute conclusive
evidence and proof that Nextel has vacated and surrendered the Site to Owner in the condition
required by the Lease and this Agreement, and that any portion of the Communications Facility
(and any other equipment or property) remaining on Owner's Property will be deemed
abandoned by Nextel and accepted by Owner, on the terms set forth therein.
3. Voluntarv Agreement. T'he parties have read this Agreement and the releases
contained herein and, on advice of counsel, have freely and voluntarily entered into this
Agreement with full understanding of its terms.
4. Recitals. The above recitals are an integral and substantive part of this Agreement
and are incorporated herein.
5. Attornevs' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party will be entitled to
recover attorneys' fees and expenses from the other.
6. Successors. This Agreement will be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns.
7. Counterparts. This Agreement may be executed in any number of duplicate
originals or counterparts, each of which will be deemed to be an original, and all of which taken
together will constitute one and the same agreement. The parties agree that their signatures may
be delivered by fax or email.
8. Governing Law. The validity, interpretation, construction and performance of
this Agreement will be controlled by and construed under the laws of the state in which the Site
is located.
2
04 iDEN DeComm Lease Termination Agree�nent OS I42012
Nextel Site # FL3540
IN WITNESS WHEREOF, the parties have executed this Lease Termination Agreement
and General Release as of the date and year first above written.
"OWNER" "NEXTEL"
By: By:
Name: Name:
Title: Title:
3
04 iDEN DeComm Lease Termination Ageement 05142012
Nextel Site # FL3540
Exhibit A
SITE ACCEPTANCE and RELEASE
This SITE ACCEPTANCE and RELEASE is made as of September 07, 2012, by and between ("Nextel")
and ("Owner") with reference to the following facts, understandings and intentions:
A. Owner and Nextel are parties to that LEASE TERMINATION AGREEMENT and GENERAL
RELEASE dated September 07, 2012 (the "Agreement"), that terminated a Lease for a Site on Owner's Property
located at 901 OLD DIXIE HIGHWAY, Tequesta, FL (Nextel Site # FL3540), all terms of which are incorporated
herein. Capitalized terms used but not defined herein have the meanings set forth in the Agreement.
B. Nextel used the Site for a communications facility that may have included, among other things, an
antenna tower or pole and founda.tion, utility lines,lransmission lines, an air conditioned equipment room or shelter
and pad, cable wiring, conduit runs, radios and other electronic equipment, transmitting and receivi.ng antennas and
microwave dishes, batteries and other power sources (possibly including a generator and pad), related fixtures and
supporting equipment, and structures therefore (collectively, the "Communications Facility").
C. Nextel removed some or all of the Communications Facility, and restored the Site and Owner's
Property to the condition required by the Lease and the Agreement, and Nextel vacated and surrendered the Site to
Owner. The parties now desire to execute this Site Acceptance and Release, pursuant to the Agreement.
NOW, THEREFORE, in consideration of the foregoing, the provisions set forth below, and other good and
valuable consideration, the receipt and adequacy of which are hereby acl�owledged, Owner hereby acknowledges
that Nextel has restored the Site and Owner's Property to the condition required by the Lease and the Agreement,
and Nextel vacated and surrendered the Site to Owner on or before the Tennination Date as required by the
Agreement. Owner acknowledges that any portion of the Communications Facility (and any other equipment or
property) remaining on Owner's Property shall be deemed abandoned by Nextel (collectively, the "Abandoned
Propert}�'), and Owner accepts any such Abandoned Property in its present condition "AS-IS", "WHERE-IS" and
"WITH ALL FAULTS", and without any representations, warranties, promises, covenants or guaranties whatsoever,
express, implied, oral, written, statutory or otherwise (including, without limitation, no warranties of
merchantability, mazketability, profitability, fitness for a particular purpose or conformity to models or materials),
and Owner fully and forever releases Nextel and the Released Parties from all Clai.ms and any and all liability
whatsoever in connection therewith, and agrees to indemnify, defend and hold Nextel and the Released Parties
harmless from and against all Claims and any and all losses, costs, liabilities, daxnages, claims, actions and causes of
action (including attorneys' fees and court costs) arising out of or relating in any way to any such Abandoned
Property.
Executed on , 2012
"OWNER" "NEXTEL"
By: gy:
Name: � e.•. Name:
Title: � r Title:
4
04 iDEN DeComm Lease Termination Agreement 05142012
��" TA�INE� INDUSTf�IES, I�IC j
�� 735 DAVISVIL.LE ROAD, T1iIRQ FLOO�
�'' SOIfTHAMPTON, PA I84�i-32�
2 i 5-322-1238 FAX 215-322-7725
www.tannerind.com
September 24, 2012
Ms. Michelle Terriault
V'illage of Teqnesta
901 N. Old Dixie Hwy
Tequesta, FL 33469
Via email: mterriaultCa7te�uesta.org
Dear Ms. Terriauit:
Tanner Industries agrees to extend an. invitation to piggy-back off the bid for the City of
Stuart, FL, Bid # 2012-278, for l.t.l bulk quantities of Mevtallnrgical Grade Anhydrous
A.a�monia for delivery to your facility in Tequesta, FL.
$.77 per pound delivered
Price includes 2 hours unloading time
Teans: Net cash in 34 days
Effective: October 1, 2012
Firm thru: September 30, 2Q13
If you are in agre�ment please sign below indicaxing your approval:
Village of Tequesta: Tanner Ind.ustries:
Name: Name:�,e.�,� �� '
e
Title: �'i � Tide: Sa �-� s S� �2, ,.-� ��� �,
We appreciate the business you place with us. If we may be of any further service, please
do not hesitate to co�act us.
Sincerely,
Tanner Industries, Inc.
�,�.M,�� 1r-r•�-P�`.'
Frank Madden
Saies Supervisor
1
S � E M E N S Industry
September 17, 2012
Ms Michelle Terriault
Villa.ge of Tequesta
901 N. Dixie Hwy.
Tequesta, FL 33469-0273
Ema.il: mterriault(c�tequesta.org
RE: HYDROGEN PEROXIDE MONTHLY EQUIPMENT FEE
Dear Ms Terriault:
Siemens Industry, Inc. would l�ce to thank the Village of Tequesta for the opportunity to continue
providing 50% hydrogen peroxide and the feed equipmerrt for your odor and corrosion control needs.
The monthly price for the hydrogen peroxide feed equipment rental will remain the same at $750.00
per month. This pricing will be in e$'ect from October 1, 2012 until September 30, 2013.
All Terms and Conditions are per the existing contract. The above pricing does not include any
applicable taxes.
Siemens Industry will process your order when we receive acceptance of this renewal by signing
below and returning with your purchase order number. If you have any questions, or need any
additional information, please give me a call at (352) 804-5706.
Thank you for your assistance and for your continued business.
Sincerely,
Siemens Industry, Inc.
�Dave �1cCaQa
Dave McCalla
Sales Representative
Accepted by:
This � day of ��� b e� 2012
By:
Title: � �
PO#:
Siemens Industry, Inc. 2650 Tallevast Road Tel: +1 941-355-2971
Sarasota, FL 34243 Fax: +1 941-359-7985
USA www.siemens.com/water
Page 1 of 1
Molly's Trollevs HOURLY RATE AGREEMENT
•�— ---------------------------
of West Pa1m Beach � Date Requested Saturday, November 17, 2012 �
2625 Mercer rlvenue � Hours Re uested: �
West Palm Beach, FL 33401 � q 12pm to 8pm '
Ph : (5G1) 838-9511 i
Fax: (5G1) 838-9512 "HoutsReguested"includesgarage togatage time.
-• .....................................•------------......................-----
Client Information Client Number: CE -12374 Today's Date: 9/18/2012
---•--------••-• ........................•-------...................-•------••--
Village of Tequesta Cell: Work: () 575-6247
Mr. Greg Corbitt _ _ _Add;rional Nores _ _ _ _ _
r __ _�
� �
399 Seabrook Road I I
Tequesta FL 33469 � �
�-------------------�
...............................................................................
Service Description: Event Shuttling (Each trolley seats avg. 25)
Scheduled Itinerarv: . . . . . . . . . . . . . . . . . . . . . . . . . . � . . - • - - - - - . . . . . . . . . . . . . . . .
Houtly Rate: $115.63
12-12:25pm- 3 Trolleys travel from WPB to Tequesta
12:25pm- 3 Trolleys arrive @ Stage Location - Check In # of Houts: 8
12:30pm- Lead Driver to call contact and review work Cost per Trolley: $925.00
12:30-730pm- 3 Trolleys Shuttle as directed (Event run 1-7pm # of Ttolleys: 3
7:30pm - Lead Driver Checks in w/ coordinator
7:35-8pm - Trolleys return to WPB Subtotal: $2,775.00
.......................
Hrs: 12pm-8pm=8 hrs=$925/trolley*3=$2,775 Tota1- All Incl Add Expense: $0.00
**2 Trolleys are Half-Open/Half-Enclosed. 1 will be Enclosed. �ss Discount: $0.00
......................
No eposit necessary. We will bill you in full after the event
The Fine Print Estimated Total Due: $2,775.00
-----------------•---•----..........-----•--------......._.....................
De�osit Requested: Please remit due to resexve your event.
Cancellation Polie,� In the event contracted service is not required the customer is respoasible fox a$250 cancellation
fee (per trolley) provided wxitten notice is given 45 business days before Eveat Date. If <�n 45 business days wxitten
notice is given, customex is responsible for Half of Estimated Total Due (per trolley). If < than 14 business days written
notice customer iesponsible for 2/3xds of Est Total Due (pex trolley). If <than 3 days written notice, payment due in full.
Additional Charges Polic� Customer acknowledges that contract is based upon a contracted time frame. On the day of
the event, if your actual sesvice extends beyond rhe scheduled idnerary and the appropxiate Molly's Trolleys repxesentative
has been contacted, the customer will be iesponsible for additional charges to acrue beo *++ a one houx aftes the oxiginal
time agreed upon . If customer does not contact our xepresentative to adjust the return time, the customer is responsible for
additional charges begicung inunediately after the contracted retura time. Additional chacges are determined on 1/2 hour
Promise to Consumer: Molly's Trolleys maintains our vehicles on a stxict schedule in accordance with manufacturex's
specifications, and we expect them to operate smoothly for every event. However, should contracted service be
interrupted due to an unEorseen mechanical failuxe, an rlct of God, or any other reason, Molly's Trolleys will provide a
similax vehicle or bus to complete the scheduled itinerary.
I accept the above items.
Village of Tequesta Molly's Trolleys of West Pa1m Beach
X -
--------- --- ------------------
By: � t �� By: Molly Stahlman, Molly's Trolleys
�
/ 9 .G�T
l/