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
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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
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Phone: 954-923-7270
CODvriqht (!') 2007 Komfort Zone. Ltd.
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Exhibit "A"
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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.
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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
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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
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BY: 7'> ~~::-~
1\.J. itchell
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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