R00-161RESOLUTION R00-/~;/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON
BEACH PROVIDING FOR CO-UTILIZATION OF THE
PALM BEACH COUNTY SURPLUS THRIFT STORE
FOR THE PURPOSES OF DISPOSING OF SURPLUS
TANGIBLE PERSONAL PROPERTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, currently all surplus personal property is collected, as
needed, and stored in the old school, and a listing is prepared and made
available to City departments; and
WHEREAS, any surplus property not utilized by City departments is
placed on a listing of items to be auctioned, which requires staff resource
time in preparation and working the auction, at a nominal return; and
WHEREAS, the parties desire to enter into this agreement for the
purposes of disposing of surplus tangible personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission does hereby authorize and direct
the Mayor and City Clerk to execute an Interlocal Agreement between
Palm Beach County and the City of Boynton Beach, for the purposes of
disposing of surplus tangible personal property, which Agreement is
attached hereto as Exhibit "A".
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ,=.~/ day of November, 2000.
CITYO BOY ,'r'o B CH, FLO~RIDA
Ma'.o..~ ~ ..~
Co'~rTrrr~sio n er
Commissioner
AI.,TEST:
Ci~ Clerk
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The City of
Bojmton Beach
City Clerk's Off~e~
100 E. B~nton Beach Boulevard
P.O. Box310
B~nton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that the attached:
1. Copy of Resolution #R00-161 consisting of two (2) pages
2. Partially signed original Interlocal Agreement for Co-Utilization of the
Palm Beach County Surplus Thrift Store consisting of six (6) pages
are true and correct copies and originals, as they appear in the records of the
City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 30th day of November, 2000.
CITY CLERK
November 30, 2000
"An Equal Opportunity/Affirmative Action/ADA Employer"
Interlocal Agreement
For
Co-Utilization of
The PBC Surplus Thrift Store
This Interlocal Agreement is made and entered into this day
of ,2000, by and between Palm Beach County, a political subdivision
of the State of Florida, by and through it's Board of County Commissioners, hereinafter
referred to as "County" and the City of Boynton Beach, State of Florida, hereinafter
referred to as "City of Boynton Beach".
Witnesseth:
Whereas, Chapter 163.01, Florida Statutes, kno.wn as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governmental units to make the most efficient
use of their powers by enabling them to cooperate with the other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant
to forms of governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development local communities;
and
Whereas, County and the City of Boynton Beach wish to enter into agreement
establishing the terms and conditions governing the utilization of the County's Surplus
Retail Thrifl Store operation.
Now, therefOr, in consideration of the mutual covenants, promises, and
representations herein, the parties hereto agree as follows:
SECTION 1' BACKGROUND AND PURPOSE
Ao
The purpose of this agreement is to establish the terms and conditions
governing City of Boynton Beach's co-utilization of the County's Surplus
Retail Thrift Store for the disposal of it's surplus tangible personal
property.
Bo
County and City of Boynton Beach agree to share the use of the Surplus
Retail Thrift Store in accordance with the provisions of this agreement.
Co
County and City of Boynton Beach agree that co-utilization of an existing
operational system is far more cost effective than having the City of
Boynton Beach create it's own operation.
In consideration for this co-utilization, City of Boynton Beach will remit
to County a "Seller's Commission Fee", based upon the revenues
generated from the sale of City of Boynton Beach's surplus tangible
personal property.
SECTION 6: FILING
Prior to becoming effective, this Interlocal Agreement and any subsequent
amendments hereto shall be filed with the Clerk of the Circuit Court of
Palm Beach County.
In witness hereof, the parties hereto have executed this agreement and it is
effective on the date first above written.
ATTEST:
DOROTHY H. WlLKEN, CLERK
PALM BEACH COUNTY, FLORIDA
BY IT'S BOARD OF COUNTY
COMMISSIONERS
BY: BY:
DEPUTY CLERK
CHAIR
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
COUNTY ATTORNEY
CITY OF BOYNTON BlaH
ATTORNEY
SECTION 2: RESPONSIBILITIES OF THE PARTIES TO THIS AGREEMENT
County will sell the surplus tangible property of the City of Boynton
Beach through its Surplus Retail Thrift Store. (By mutual agreement sales
may be conducted at City of Boynton Beach's sites to minimize
transportation requirements.)
County's Surplus Retail Thrift Store is managed by its Fixed Asset
Management Office, under the direction of the Office of Financial
Management and Budget Department.
C. Responsibilities of County are as follows:
Meet with the applicable City of Boynton Beach representative on
an as needed basis to review surplus assets for disposal and
determine what should be delivered to the Surplus Retail Thrift
Store.
Accept and sign for a predetermined listing of surplus tangible
personal property from the City of Boynton Beach.
3. Store and display the items for sale.
4. Collect monies from the sale items.
Provide monthly activity reports to the City of Boynton Beach
along with net proceeds from any sales.
a. Proceeds from sales of the City of Boynton Beach assets will be
conveyed, less a seller's commission, based upon the following
schedule:
First $50,000 20% Commission
Next $100,000 15% Commission
Excess Over $150,000 10% Commission
(Commissions are based upon annual sales during the County fiscal year.
Commission rates for the sale of vehicles of other heavy equipment will be a flat 5%.)
be
Proceeds from the sale of unclaimed evidence;
found/abandoned property will be paid to the City of Boynton
Beach Police Department:
Unclaimed evidence first $25.00 per item.
Found/abandoned property first $25.00 per item.
Forfeiture property 100% sales revenUe per item.
The County will retain the second $25.00 per item for
unclaimed evidence and found/abandoned property to cover
administrative and handling fees, including appraisal service
2
for jewelry. All proceeds exceeding the first $50.00 for
unclaimed evidence and found/abandoned property will be
placed in a liability account for one year, at which time the
County will generate a check to the state school fund in
accordance with Florida State Statutes. Monthly reports shall
be conveyed to the City of Boynton Beach Police Department,
including net proceeds from sales each month, showing all
activity on related merchandise, including a copy of each sales
invoice.
County reserves the tight to replace monetary consideration for
the commission fee with equivalent value merchandise from
the City of Boynton Beach surplus program. The value of such
merchandise, which may be obtained by the County, will be
established based on the average sale price from the last sale.
If the merchandise does not have a sale record, the value will
be established by mutual agreement.
If the City of Boynton Beach desires for County to coordinate
disposals requiring a formal sealed bid disposal process, the costs
associated with preparing and managing a sealed bid sale must be
reimbursed to County in addition to the seller's commission. For
the initial year of this agreement, base costs associated with a
required formal sealed bid will be $400, including the placement of
the required legal ads. Specialty advertising will be an additional
cost.
If the City of Boynton Beach desires to participate in any public
auction sponsored by the County, they may do so under the
following provisions:
Payment of the auctioneer's fee based upon the related revenue
generated from the sale of the City of Boynton Beach assets.
Payment of the related administrative expenses of the auction,
including but not limited to advertising, printing, postage, etc.
This payment is based upon the pro-rate share of revenue
generated. Provide a proportionate number of support employees
for the driving of vehicles; support of the invoicing function;
support of the title transfer function; and support of the registration
function. The number of staff will be determined based upon the
number of assets and the type of assets being sold at the public
auction. If staff support at the public auctions cannot be provided,
an additional administrative charge equivalent to 3% of the gross
revenue will be retained by County to cover the hiring of
additional support personnel to handle the volume of assets
provided by the City of Boynton Beach.
County will advise the City if Boynton Beach if items have not
been sold within a reasonable time frame and are available for
pick-up by the City of Boynton Beach for the purpose of
alternative disposal methods.
D. Responsibilities of the City of Boynton Beach are as follows:
The appropriate representative from the city of Boynton Beach will
coordinate the required meetings with the County representative on
an as needed basis to review what materials are available for
delivery to the Surplus Retail Thrift Store.
The meeting will be used to determine items for sale, the initial
price to be affixed to the item, and when the delivery will occur.
The City of Boynton Beach is responsible for the delivery of the
required items to the Surplus Retail Thrift Store.
The City of Boynton Beach is responsible for assisting in the set-
up and display of the items delivered to the Surplus Retail Thrift
Store at the time of delivery, if so required.
The City of Boynton Beach, when advised that items have not been
sold within a reasonable time frame, will be responsible for the
pick-up and disposal of said items within a reasonable time after
notification.
SECTION 3: MANAGEMENT AND LIABILITY OF THE SURPLUS RETAIL
THRIFT STORE.
Ao
The parties agree that the Surplus Retail Thrift Store is owned and
managed by County. J
The County is acting as an agent for the City of Boynton Beach in the
disposition of surplus property.
Neither the County nor the City of Boynton Beach assumes the
responsibility for any County for City of Boynton Beach surplus items
lost, stolen, misplaced, damaged or destroyed in conjunction with the
operation of the Surplus Retail Thrift Store.
SECTION 4: TERMINATION
Ao
This agreement shall continue in full force and effect until terminated
either party upon not less than ninety (90) days written notice to the other,
provided, however, that if the County of the City of Boynton Beach fail to
perform their responsibilities under the provisions of this agreement, either
party may, upon notice to the other, immediately terminate this agreement.
SECTION 5:
If this agreement is terminated, each party shall retain their respective
rights to any equipment held within the Surplus Retail Thrift Store.
NOTICE
Ao
All notices required to be given hereunder shall be deemed
sufficient to each party when delivered by registered of certified
mail as follows:
County:
County Administrator
Palm Beach County
301 North Olive Ave.
West Palm Beach, FL 33401
With a copy of notice to:
Director of Office of Financial Management and Budget
Palm Beach County
301 North Olive Ave.
West Palm Beach, FL 33401
Fixed Assets Manager
Fixed Asset Management Office
Palm Beach County
301 North Olive Ave.
West Palm Beach, FL 33401
City of Boynton Beach:
City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
With a copy to of the notice to:
Director of Financial Services
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Warehouse Manager,
City of Boynton Beach
N.E. 9th Avenue
Boynton Beach, FL 33435