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HomeMy WebLinkAboutReso 2007-1069 RESOLUTION NO. 2007- J C (., q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND/OR HIS/HER DESIGNEE TO ENTER INTO AN AGREEMENT WITH KOMFORT ZONE, LTD., FOR THE RENTAL OF A PORTABLE RESTROOM UNIT FOR THE TOWN CENTER PARK, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO, IN AN AMOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND SIX HUNDRED DOLLARS ($24,600.00), PROVIDED SAID AGREEMENT IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny [sles Beach owns the Town Center Park, located at [7200 Collins A venue; and WHEREAS, several Sunny Isles Beach residents have asked the City to install public restroom facilities at the Town Center Park; and WHEREAS, the addition of a public facilities building would be an improvement that would enhance the experience of park patrons and allow for much needed space for maintenance equipment; and WHEREAS, via Resolution No. 2005-868, the City Commission approved the concept of a public facilities building, inclusive of public restrooms, for the Town Center Park; and WHEREAS, via Resolution No. 2006-927A, the City Commission entered into a consultant agreement with Calvin Giordano and Associates for the design of the public facilities building and other park-related items; and WHEREAS, the project went out to bid and only one response was received, with said response being subsequently rejected; and WHEREAS, this setback will delay the project substantially, staff recommends the placement of a high quality, aesthetically-pleasing portable restroom unit in the Town Center Park during the interim; and WHEREAS, staff has solicited and received three (3) quotes for the rental of a three-stall portable restroom for a six-month period; and WHEREAS, staff has determined that the proposal from Komfort Zone, Ltd. ("Komfort Zone"), in the amount of Twenty-Four Thousand Six Hundred Dollars ($24,600.00), which utilizes government pricing, is the lowest most responsive, responsible quote; and WHEREAS, staff recommends the City enter into a month-to-month rental agreement with Komfort Zone for the provision of a pOltable restroom unit, as shown on Exhibit "A" attached hereto, provided said agreement is approved as to form and legal sufficiency by the City Attorney. R2007. Town Center Pk Portable Restroom Approval Page I of2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Authorization of Citv Manager. The City Manager and/or his/her designee is hereby authorized to enter into an agreement with Komfort Zone, LId for the rental of a portable restroom unit for the Town Center Park, as shown on Exhibit "A" attached hereto, in an amount not to exceed Twenty-Four Thousand Six Hundred Dollars ($24,600.00), provided said agreement is approved as to form and legal sufficiency by the City Attorney. Section 2. Further Authorization of Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of March C:---' ATTEST: rS;~ It-~ Jane A. Hines, CMC, City Clerk Moved by: ~~ vY\~IlY = Seconded by: Q-..MY't-.l. OIUFA I i1'S' Vote: 5-0 Mayor Norman S. Edclcup Vice Mayor Lewis Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias ~(Yes) j,./(Y es) !.dYes) ~Yes) ~es) _(No) _(No) (No) _(No) (No) R2007- Town Center Pk Tportable Restroom Approval Page 2 of2 Home Products . . About Us . Contact Us . Brochure Standard Mobile Executive Restroom These features are standard in all Portable restrooms: . Three Private Restroom Stations (approx. 4 feet x 5 '/2 feet) o Two Women's Stations o One Men's Station . Ventilated, Thermostatically Controlled Temperature . Porcelain Flushing Commode . Well-Lit Vanity . Wide Mirror . Wash Basin with Running Water . Paper Towel and Soap Dispensers . Urinal (Men's station only) Click to Enlarge I I i {';l,..'.,'" Phone: 954-923-7270 CODvriqht (!') 2007 Komfort Zone. Ltd. Click to Enlarge ',I), .1. ,I, ~ ~ .... ....1 , ! I -~! "nf ., '.~' ~;t:~ '-'---'1'-';';' ',', ~... ...',.-:..... ....,. _.__.~::._::~-~-:::;::~.-;-~.- _::~ ' Exhibit "A" fI Click to Enlarge " Click to Enlarge "', . .;.>;. .,,' . ! ., Webmaster: EasyTech, Inc. Equipment Lease Agreement This Equipment Lease Agrcement (thc "Agreement") is made and entered on 4, ,-1 L <' 2. , 2007, by and between The Komfort Zone, LTD ("Lessor") and City of Sunny Isles Beach ("Lessee") (collectively refcrred to as the "Parties"). The Parties agrcc as follows: 1. EQUIPMENT: Lessor herebv leases to Lessee the following equipment: One Standard Elite III Mobile Restroom Trailer with three separate bathrooms, each bathroom has a porcelain toilet, counter with sink, mirror, paper towel dispenscr and trashcan. Unit provided is excellent condition.. (the "Equipment") 2. LEASE TERM: The leasc will start on April 02, 2007 and will end in approximately six months. City may terminate this Agreement at any time upon thirty (30) days notice. 3. LEASE PAYMENTS: Lcssee agrees to pay to Lcssor as rent for the Equipment the amount of $2500.00 per month ("Rent")for this period in advance at P.O. Box 290190, Ft. Lauderdalc, Florida 33329-0190 (addrcss for rent payment) or at any other address designated by Lessor. See item 25 for additional charges. 4. LATE CHARGES: If any amount under this Agreement is more than 10 days late, Lessee agrees to pay a latc fee of$50.00 per unit. 5. SECURITY DEPOSIT: Prior to taking possession of the Equipment, Lessee shall deposit with Lessor, in trust, a security deposit of "Waived" per unit as security for the performance by Lessee of the terms under this Agreement and for any damages caused by Lessee or Lessec's agents to thc Equipment during the Lease Term. Lessor may usc part or all of thc security deposit to repair any damagc to Equipmcnt caused by Lessee or Lcssee's agents. Howevcr, Lessor is not just limited to the security dcposit amount and Lessee remains liable for any balance. Lessce shall not apply or deduct any portion of any security deposit from the last or any month's rent. Lessee shall not use or apply any such security deposit at any time in lieu of payment of rent. If Lcssee breaches any terms or conditions of this Agrecment, Lessee shall forfeit any deposit, as permitted by law. 6. DELIVERY: Lessce U shall or [X-1 shall not [choose one} be responsiblc for all expenses and costs: i) at thc beginning of thc Lcase Term, of shipping the Equipment to Lessee's premises and ii) at the end of the Lease Tcrm, of shipping the Equipment back to Lessor's premises. Lessor shall deliver equipment to the Town Center Park located at 17200 Collins Avenue before April 2, 2007 at 5:00 p.m. s\\) 7. DEFAULTS: If Lessee fails to perform or fulfill any obligation under this Agreement, Lessee shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Lessee shall have scven (7) days from thc date of notice of default by Lessor to cure the default. In the event Lessee does not cure a default, Lessor may at Lessor's option (a) cure such default and the cost of such action may be added to Lessee's financial obligations under this Agreement; or (b) declare Lessee in default of the Agreement. If Lessee shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against Lessee under the Bankruptcy Act or similar federal or state statute, Lessor may immediately declare Lessee in default of this Agreement. In the event of default, Lessor may, as permitted by law, re-take possession of the Equipment. Lessor may, at its option, hold Lessee liable for any difference between the Rent that would have been payable under this Agreement during the balance of thc unexpired term and any rent paid by any successive lessee if the Equipment is re-let minus the cost and expenses of such reletting. In the event Lessor is unable to re-let the Equipment during any remaining term of this Agreement, after default by Lessee, Lessor may at its option hold Lessee liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force. 8. POSSESSION AND SURRENDER OF EQUIPMENT: Lessee shall bc entitled to possession of the Equipment on the first day of the Lease Term. At the expiration of the Lease Term, Lessee shall surrender the Equipment to Lessor or Lessor's agent in good condition and working order, ordinary wear and tear exceptcd, as it was at the commencement of the Agreement. Lessor shall pick-up the equipment within 48 hours of the expiration or termination of this Agreement. 9. USE OF EQUIPMENT: Lessee shall only use the Equipment in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance of storage of the Equipment. 10. CONDITION OF EQUIPMENT AND REPAIR: Lessee or Lessee's agent has inspected the Equipment and acknowledges that the Equipment is in good and acceptable condition. 11. MAINTENANCE, DAMAGE AND LOSS: Lessee will, at Lessec's sole expense, keep and maintain the Equipment clean and in good working order and repair during the Lease Tcrm. In the event thc Equipment is lost or damaged beyond repair, Lessee shall pay to Lessor the replacement cost of the Equipment; in addition, the obligations of this Agreement shall continue in full force and effect through the Lease Term. Equipment Lease Agreement 2 SIB 12. INSURANCE: Lessee shall be responsible to maintain insurance on the Equipment with losses payable to Lessor against fire, theft, collision, and other such risks as are appropriate and specified by Lessor. Upon request by Lessor, Lessee shall provide proof of such insurance. Lessee shall also maintain liability insurance to protect all parties against any injury that may occur while the units are being leased. Lessee will have Komfort Zone Ltd. named as an additional insured on their policy and copy provided to Lessor. 13. ENCUMBRANCES, TAXES AND OTHER LAWS: Lessee shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where Lessor's title or rights may be negatively affectcd. Lessee shall bc responsible for complying with and conforming to all laws and regulations relating to the possession, use, permits or maintenance of the Equipment. 14. LESSORS REPRESENTATIONS: Lessor represents and warrants that he/she has the right to lease the Equipment as provided in this Agreemcnt and that Lcssee shall be entitlcd to quietly hold and possess the Equipment, and Lessor will not interfere with that right as long as Lessee pays the Rent in a timely manner and performs all other obligations under this Agreement. 15. OWNERSHIP: The Equipment is and shall remain thc exclusive property of Lessor. 16. SEVERABILITY: Ifany part or parts of this Agreement shall be held unenforceable for any reason, thc remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construcd as so limited. 17. ASSIGNMENT: Neither this Agreement nor Lessee's rights hereunder are assignable except with Lessor's prior, written consent. 18. BINDING EFFECT: The covenants and conditions containcd in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 19. GOVERNING LAW: This Agreement shall be governed by and construed In accordance with the laws of the State of Florida. 20. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to: Equipment Lease Agreement 3 Sib Lessor: Lessee: The Komfort Zone, LTD 2751 South Ocean Drive Suite 606-S Hollywood, Florida 33019 Cell: 954-445- 7950 Ph. 954-923-7270 Fax 954-921-1279 Attn. A.J. Mitchell City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida Ph. 305-792-1706 Fax 305-792-1566 Attn. Sylvia Flores Either party may change such addresses from time to time by providing notice as set forth above. 21. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior undcrstanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Lessor and Lessee. 22. CUMULATIVE RIGHTS: Lessor's and Lessee's rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise rcquired by law. 23. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Lessor does not waive Lessor's right to enforce any provisions of this Agreement. 24. INDEMNIFICATION: Except for damages, claims or losses due to Lessor's acts or negligence, Lessee, to thc extent permitted by law, will indemnify and hold Lessor and Lessor's property, free and harmless from any liability for losses, claims, injury to or death of any person, including Lessee, or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee's express or implied consent. 25. ADDITIONAL TERMS & CONDITIONS: Lessor shall provide pump-out services at a flat rate of One Hundred and Seventy-Five Dollars ($175.00) per occurrence, as needed to avoid unsightly and unsanitary conditions or whenever fowl odor is detected from the units, but no less than on a monthly basis. Notwithstanding, whenever City requcsts pump-out services, Lessor shall provide such services within 24 hours of City's request. Lessee will provide electrical connection/service and water connection/service for the units during the term of the lease. Equipment Lease Agreement 4 S\\) IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written abovc. LESSOR THE KOMFORT ZONE, LTD ~,._~ ~4_ BY: 7'> ~~::-~ 1\.J. itchell -A-T-r~$'T: ~Jt~01IC ) .JM~ A. H')IIlES. c.u-yG..wt , BY: APPROVED AS TO FORM ::DI~C~ H 0 111 ,C Attorney Equipment Lease Agreement 12,\B 5 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 1 1 3 Fax (305) 947-2150 Buildi'lg Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM A. John Szerlag, City Manager ? W~ Priscilla Walker, CMC, Deputy City Clerk March 20, 2007 Authority to Enter Into Agreement for Portable Restroom At its regular meeting of March 15,2007, the City Commission adopted Resolution No. 2007- 1069, which authorized the City Manager to enter into an agreement with Komfort Zone for a portable restroom unit. Attached is a copy of the approving resolution to assist you in processing this item. Thank you. :pw Attachments cc: Susan Simpson, Cultural & Human Services Director Portable Restroom Reso Trans Memo Memo Revised: 1/24/07 TO: VIA: FROM DATE: RE: City of Sunny Isles Beach 18070 Q)llins Avenue Sunny Isles Beach, Florida 33160 City Cmmission Norman S. Edelcup,Ma;vr Lewis J. Thaler, VziEMa;vr Roslyn Brezin, O:rmissU:mr Geny Goodman, O:rmissiorcr Danny Iglesias, O:rmissU:mr (305) 947-0606 Gty Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A John Szerlag, CityManaw Hans Ottinot, City A ttarrK:y Jane A Hines, CityOnk MEMORANDUM Honorable Mayor and Gty Commission A John Szerlag, City Manager ~ . Susan Simpson, Glltural and Human Services Dire~ March 15, 2007 APPROVAL OF RESOLUTION TO AUIHORIZE 1HE OTY MANAGER TO ENTER INTO AN AGREEMENT WIlli KOMFORT ZONE, L TD FOR PORTABLE RESTROOM RENTAL AT TOWN CENTER PARK RECOMMENDATION It is recommended that the Gty Commission adopt the attached Resolution to authorize the Gty Manager to enter into a lease agreement with Komfort Zone, Ltd. for the monthly rental of a portable restroom facility to be located at Town Center Park, with the option to extend or reduce the time line until the installation of a permanent facility can be completed, in an amount not to exceed Twenty Four Thousand, Six Hundred Dollars ($24,600.00). REASONS The Gty Commission has expressed a desire to provide restroom facilities at Town Center Park. The project was let out to bid in which only one bidder responded. This bid was rejected thereby delaying the project. In the interim, high quality and aesthetically pleasing portable restroom facilities can be leased on a monthly basis to accommodate the needs of the residents until a permanent facility can be installed. As such, staff acquired 3 quotes and found Komfort Zone, Ltd. offered a lease, on a month to month basis, with a government rate of $2,500.00 per month for up to six months for a three stall unit, thereby providing the lowest quote. Additional expenses include the cost of pump-outs on an as needed basis, estimated to be twice per week depending on usage, at a cost of $175.00 per pump-out, delivery and removal. The amount of $24,600.00 will cover the monthly lease and all related charges for up to six months. It is anticipated that a permanent facility could be ready within that time. ADDITIONAL INFORMATION With approval from the Gty Anorney as to legal form and sufficiency, the lease agreement could be in effect, and portable restrooms installed, by April 1, 2007. Funds for this lease are available in the contingency account of the General Fund. The daily cleaning of this facility, and replenishment of supplies, will be the responsibility of the Public Works Department, Maintenance Division. A. bb-o~ Agenda Item I () K \ Date 3- \S-07