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R90-201RESOLUTION N0.~90-~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN REAL ESTATE ACQUISITION NEGOTIATION SERVICES AGREEMENT FOR RELATOR ASSISTANCE SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH REALTY COMPANY; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach on July 3, 1990, approved a request from the Community Improvement DePartment to take the necessary steps to obtain requests for. appraisals and appraisal reviews, perform title searches, and granted permission to obtain the services of a Realtor to assist the City in the purchase of seven (7) vacant parcels of land; and WHERAS, upon the recommendation of staff, it has been deemed by the City Commission of the City of Boynton Beach, Florida to be in the best interests of the citizens and residents of said City to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY ~T~ CITY COMMISSION OF THE CITY OFBOYNTON BEACH, FLORIDA THAT. Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a certain Agreement between the City of Boynton Beach, Florida and Boynton Beach Realty Company, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. / PASSED AND ADOPTED this /~day~ Dec~mber, 1990. // lC 6 mmpi s s i oner ~ ATTEST: CommisSioner CONSULTANT AGREEMENT REAL ESTATE ACQUISITION NEGOTIATION SERVICES TH~S AGREEMENT is entered' into between the City of Boynton Beach, · r heremnafte referred to as "the City", and Boynton Beac.h Realty Company hereinafter referred to as "the Consultant , mn consmderatmon of- the ~autual benefits, terms, and conditions hereinafter' specified. Project Desiqnation. The Consultant is retain.~d by the City to perform R.E. Acquisitiou Negotiation services in conn~ion with the project designa.ted Vacant Laud Acquisition - Seven (7) Vacant Parcels o scope of services, consultant agrees to perform the services, identified on Exhibit "A" "B" - , · .,-and "C", attached hereto, including the provision of all labor, materials, equipment and supplies. ~.~ Time for Performance. Work under this contract~sha!l commenc upon the giving of written notice by the City to the Consult~,= to proceed. Consultant shall perform all services and provide all work product required pursuant to t~is agreement within Sixty (60) calendar days from the date written notice is gmven to'.proceed, unless an extension of such time is granted in writin~ b~ the City- ' Payment. The Consultant shall be paid by the City for completed 'w-~rk and for services rendered under this agr.eement a~ follo~.~s: a. .payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount-of payment to Consultant shall not exceed $1,750.00 without express writuen modification of the a~reemenu signed by the City. b. The consultant may submit vouchers to the City once per month during the progress of the work for partial payment for pro]ect completed to date. such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. '-c. Final payment of any balance due the Consultant of the t~tal ' contract price earned will be made promptly upon its ascertai~mment and verification by uhe Ci=y after the completion of the work under this agreement and its acceptance by thO'-City. d. payment as provided in this section shal~ be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Ccnsultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of tile City and state Eot a period of RESOLUTION NO. 90- A RESOLUTION OF THE CITY THE CITY OF CITY REAL 3WHEREAS~ Beach or Improvement requests searches, Realtor to vacant Lan'd OF CITY OF of Boynton from the Community to obtain ~ title 5 of a purchase of seven (7) of~staff, it has been Beach, _citizens and CITY: COMMISSION ATTEST: City Clerk (Corporate Seal) CSty Clerk are hereby a certain Agreement Boynton Beach hereto as )lution shall take effect day of November, 1990. CITY-OF BOYNTONBEACH, FLORIDA Mayer Vice Mayor Commissioner Commissioner Commissioner Consuitant Agreement Page 2 three (3) years after final payments. available upon request. Copies shall be made Ownership and Use of Documents. Ail docUments, drawings, ~specifiCations and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the proper~y of the City whether the project for which they are made is executed or nos. The Consultant shall be permitted to retain copies, including reproducible copies~,-.of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Compliance with laws. Consultant shall,'in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations tha~ are applicable to the services to be rendered ~nder this agreement. Indemnification. Consultant shall indemnify, defend and hold harmless~ the City, its officers, ag~ts and employees, from and against any and all claims, losses oY liability, or any portion thereof,.~ncluding attorneys fees and costs, arising from injury or deathl t~' per'sons, in~iuding injuries, sickness, disease or death t~iConsu!tant's own employees; or damage to property occasioned by a negligent act, omission or failure of the Consultant. Insuranc~.i The Consultant shall secure and maintain in force thr~ugho~ the. duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and ~1,000,000 aggregate for personal injury; and $500,~00Q per occurrence/a~gr~gate for property damage, and pbofess~nal liability insurance ~in the amount of $1,000,000. Said general liability policy shall name the .~City of Boynton Beach as an additional named insured and shall include a p~ovisiDn, ~r~ibiting'cancelilation Of Said policy except upon thirty ('30) d~¥~ prior writtkn notiC? to the City. Certificates o~ cove~a~ as required by t~is section shall be delivered to the City withi~.fi~te~n (15) day!s Of ex~u~ion of this agreement. Independent C~ntractor. The~ Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant t~ this agreement. Nothing in this agreement shall be considered to create the relationship of employer .a~d ~mployee be~wee~n the parties hereto. Neither Consultant n~r any employee of C0ns~ltant Shall be entitled to any benefits accorded City e~p~oyees by virtue of the services provided under this agreement. The City shall not be responsible for withholdi~ or otherwise deducting federal income tax or ~ocial securi%~ or for contrlibuting to the state industrial insurance pro~ram, otherwise a~suming the duties of an employer with relsDect to Consultant, or any employee of Consultant. Consult'ant Agreement P~ge 3 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the consultant, to solicit or secure tkis contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely f0~ the consultant, any fee', commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage~ brokerage fee, gift, or contingent fee. Il. Discrimination Prohibited. The Consultant, with regard to the w-~-~ ~ ~ u--~r this agreement,'will not discrimi~ on the grounds of race, color, national origin, religion, cr age, sex~ or .the presence o~ any physical or sensory handicap n the selection and retentio~ of. employees, or procurement of materials or supplies. 12. Assignment~ The Consultant shall not sublet or assign any of the seruic~s~ cowered by this agreement without the express written consent of the Cit~. 13. Non-Waiver. Waiver by the City of any p~vision of this agreemen~ or any time limitation provided for in ~his agreement shall no~t.constitute a waiver of any~othe~ provision. 14. ~erminat~ioq. ae Thel city reserves the right to terminate this agreement any time by giving ten (10) days Written notice to the Consultant. at b~ In ~the event of the death of a member, partner or officer of the~ Consultant~ or any o!f its supervisory personnel assigned to the project, the surviving members of the Consultant heu~by agree to comptet~ the work under the terms of this agr~emeht, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement ? and the Ci~ if be~een surviving members of the Consultant the. City so chooses. · - 15. Disputes ~ny dispute arising out of the terms or conditions of this agr~eement shall be ad3u~cated within t~e courts f Florlda. Further, thlis agreement shall be construed under Florida Law. Consultant Agreement Page 4 16~ Notices. Notices to the City of Boynton Beach the following address: shall be sent to City of Boynton Beach P. O. Box 310 Boynton Beach, FL. 33425-0310 Attn: Johnnetta Broomfiel~, Director, Community Improvement Dept. with copy to the City Attorney, Jim Cherof, c/o City of Boynton Beach Notices to Consultant shall~be sent to the following address: Ken Kruchek Boynton Beach Realty Company F;O. Box IUUX 805 N. Federal Highway Boynton Beach, FL 33435 17. Integrated Agreement. This Agreement, together with attacbJnents or addenda, represents the entire and integrated agreement between the City,and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by-written instrument signed by bot~ City. and Consultant. DATED this day of , 19 CITY OF BOYNTON BEACH Signature Consultant Attest/Authenticated: Title Approved as to Form:~ Office of the City Attorney E~iHt B I T "A" SCOPE OF SERVICES A/~EEMENT FOR REALTOR SERVICES ARTICLE 1. Property to be Reviewed, A description of the real property Go be acquired is attached herewith. A separate purchase agreement is to be negotiated for each "parcel". (lhe term "parcel" means any tract or contiguous tracts of land in the same o~ership, whether al~y such tract consists of one or more platted lots or a fractional pare of a lot. An easement or other separately held interest in two or more parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so encumbered. An easement in a parcel that is appurtenant to another parcel no be acquired by the City shall be considered to be part of such other parcel and an exception to the title of the parcel encumbered.) Each parcel shall be considered to include all right, title, a--~ interest of the o~er in or no any adjacenn or abutting streets alleys, other public rights of way, ARTICLE 2. Purpose and Basis'of Negotiations. (a) Purpose and Significance ~of Acquisition NeMotiations.- Ihe aegotiations under this' agreement are required by the City for its compliance in meeting requirements as set by the Uniform Act and Palm Beach County Housing Community Development and in making a fair market value offer Go each property owner. Ihe consult~nn shall be guided by those objectives when making an offer for the purchase price of the parcel. Appraisal and appraisal revmew reports will be reviewed carefully (for information only) by the Consultant prior no initiating into negotiations~ Accordingly, negotiations for each parcel must cover all matters germane to the required valuation findings and property o~ers must be provided a full explanation of the reasoning and analyses of the evidence of the market value and just compensation. (b) Relocation Assistance The Consultant's negotiation of property purchase shall not refledt any allowance for relocation payments and other assistance provided under Title II of the Uniform Act. ARTICLE 3. Scope of Consultant Services. The Consultant agrees to perform the following services: (a) Prepare and deliver to the City, within 60 calendar days after tllC_ delivery of the notice ~o proceed, three (3) copies of the necessary doc~nen for the acquisition of the properties. (b) The Consultant shall review for information purposes the connents of seven (7) appraisal and appraisal review reports that have been prepared for the city no familiarize himself with the basis for which the city determined the fair market and 3ust compensatioa value. (c) Prepare notice to be placed in local newspaper(s) notifying public of anticipated purchase of land for use in the City's Infill Construction Program; notice shall be submitted to the City for approval prior no publishing. Page 2 of 5 - Exhibit "A" - Scope of Services (d) (e) (f) (g) (h) (i) (J) (k) (1) (m) Notify (in writing) property owners of realtor assistance contract award and scope of services. Communicate to property owners the general process for acquisition as required by the~ City, PBC Housing & Community Development the Uniform Act. and also according to the pamphlet, "W~en a Public Agency Acquires Your Property." Communicates in writing with property owner to ascertain their continued interest, request verification of the s~e and also to inform the property owner that the City is interested in beginning the negotiation process for the sale/purchase of the property. Communicate. deliver and make initial offer ~o property owner including attacbm~ents of Offer of Sale of Land. and Statement of the Basis for the Determination of Just Compensation. Receive and review counter off,rs made by the property o~ers. Make recommendations (in writing) to the City on counter offer. Communicate. deliver and make second and final offer no property owner including a£nachments of revised Offer of sale of L~d and Statement of the Basis for the Determination of Just Compensation. Prepare recap of cost relating to sale/acquisition for each property. Preparatzon and review with the City (City Manager, City Attorney, Community Improvement Department or its representative) legal doc~nents for sale and purchase of each property for execution by the City. Complete as appropriate all required forms (City, County, etc.) relating to each property: .Resolution - Estimate of Just Compensation .Appraisal Report List (for Just Compensation) .Resolution - Certificate of Fair Market Value .Certificate of Jus£ Compensation - Appraisal Report List Offer of Sale of Land .Contract for Sale and Purchase (and related exhibits) .Justification for Payment of Real Property Acquisition Costs in Excess of Amount Determined to be Just Compensation .Closing Statement of Sale .Progress Data - Acquisition Recap of Acquisition Costs .Real Property Acquisition Checklist, etc. Resolution Approving Sale and Purchase Agreement (n) Make arrangements for and conduct closing for each parcel, and completion of Closing Statement of Sale Page 3 of 5 - Exhibit 'A"- Scope of Services (d) Consult with the City and its legal counsel regarding services to be performed by the Consultant, at such time(s) as may be mutually convenient for the parties to this agreement. The Consultant shall initiate such consultations whenever he zs in doubt as to whether an element of the services need legal advice on any aspeot of the appraisals, reviews and consultant services to be furnished under this agreement. There shall be no charge by any party for such consultations. ARTICLE 4~ Services To Be Provided by City. Consultant the following: the City agrees to furnish the (a) A map or lis~in~, based on official records, of,the property described in Article 1. showing the boundaries and dimensions of the parcels. Each parcel shall be d~signated by a number, and the parcel number shown on the Consultant's reports shall correspond to the parcel numbers shown on the or listing. (b) An ownershin data remort for each parcel. That report will show ail- estates and interests in the parcel as shown of record and consequently shali not be assumed no accurately define the interests no be appraised. The ownership data report on each parcel as shown on the parcel map will include: (1) The Name (and address, if available) of the owner appearing on record; (2) The legal description of the parcel as shown by the conveyance(s) by which the record owner acquired title: (3) Identification of the conveyance(s) by wkich the present owner acquired title, including: the date of the conveyance(s); the date, book and page numbers, and place of recordation: the name (and the address, if available) of the grantor of such conveyance: the stated consideration; the amount of any mortgages or encumbrances placed of record or to which title was subject at time of-conveyance (so far as determinable from an examination of the conveyance); and the amount of any State or local transfer t~xes that were based on the amount o~ the consideration; (4) (5) Outstanding estates aud other rights or interests of record. including easements, use restrictions, mineral rights, leases, and any k~own, but unrecorded, interesSs of other parties. Sufficient information shall be furnished to disclose the probable effect of such outstanding innerests on the title of the record o~,~er; Outstanding special assessmenns, if any, for public improvemengs such as streets, sidewalks, public utilities and similar public facilities; (6) The amount of real estate taxes for the current year and the assessed valuation stated separately for land and for improvements. Page 4 of 5 - Exhibit "A" - Scope of Services (c) Legal advice, upon request of the Consultant. on legal matters affecting the appraisal, review and/or of any property to be negotiated. (d) Provide a copy of the appraisal amd appraisal review report (for each parcel) reviewed by the consultant (for informational purposes) in order that the consultant have the correct 'basis and assumptions in negotiating an agreement with the property o~,~er. ARTICLE 5. ARreements of Consultant. As an inducement to the execution of this agreement by the City and in consideration of the agreements to be performed by the City, the Consultant agrees that: (a) Oualifications. The Consultant ~s qualified to perform the services to be furnished under this agreement and is permitted by law to perform such services and all personnel engaged in the work shall be qualified and so permitted to do the wor~ they perform. (b) Solicitation of A~reement, The Consultant has not employed any person to solicit this agreement and has not made. and will not ~ake, any payment or any agreemenn for the pa~vmenn of any commission, percentage, brokerage. contingent fee. or other compensation in connection with the procurement of this agreement, (c) Interest of Consultant and Consultant's Employees. The Consultant does not have any interest (including that of real estate agent or broker), direct or indirect, present or prospective, in any property to be negotiated or zn its sale. or any other interest, whether or not in coi~nection with the property, which would conflict in any manner or degree with the performance of the services and the submission of purchase agreements, and has non employed and will not employ, zn connection with the services to be furnished under this agreemen£~ any person having any such interest. Until the property is acquired by the City or excluded from its project by resolution of its governing body, the Consultant and any employees of the Consultant. so long as they are employed by the Consultanr~ will not acquire any such interests ~ld will not. for their o~ account or for other than the City, negotiate for any o~ the property, perform services in connection with the property, or testify voluntarily as a witness zn a condemnation or other proceeding with respect to the property. (d) Services no Be Confidential. All services, including reports, opinions and information, no be furnished under this agreement are confidential and shall mot be divulged, in whole or in part, to any person, other than to duly authorized representatives of the City, without prior written approval of the City, except by testimony under oath in a ~udicial proceeding or as otherwise required by law. The Consultant shall take all necessary steps to ensure that no member of his staff or organization divulges any such information except as may be required by law. (e) Facilities and Personnel. The Consultant has and will continue no have proper facilities and personJel to perform the services and work agreed to be performed. Page 5 of 5 - Exhibit "A" - Scope of Services (f) Statement of Certification. The Consultant certifies that he has no conflict of interest involved in the performance of the services provided herein and that he has no financial interest whatsoever in the parcels no be acquired+ ARTICLE 6. Attorney Fees. If the agency incurs any expense in enforcing the terms of this Agreement whether suit be brought or not, the Consultant agrees to pay all such costs and expenses including, but not limited to. court costs, interests, and reasonable attorney's fees at trial and appellate levels. REALTOR.CON The The include EXHIBIT FEE FOR REAL ESTATE ACQUISITION NEGOTIATION SERVICES fee for real estate acquisition service shall be as follows: $25.00 per hour for each parcel as a separate transaction, but not to exceed $250.00 for each parcel. total maximum fee shall not exceed $1,750.00, which shall all expenses in Connection with this agreement. EXHIBIT "~" SECTION 3 CLAUSE ~The work to be performed under this contra~t is on a project ass{sted Under a program providing' direct Federal financial assistance from the Department of Housing 'and Urban [sevelop'ment and is subject to the requirements of Section 3 of tile Housing and Urban D~velopment Act of 1968, as amended, i2 U.S.C. 170u. Section 3 requires_that to the grea'test extent' feasible bpp.ortunities for training 'a?d employment be given lower income residents of the project area and co~tracts for work in connec~ti~n with tile project b6 awarded to business concerns which are locaoe in, or owned in substantial part by persons residing within the unit of local govelnmen~ or the metropolitan .area (or nonmetropolitan county), as determined by tie Secretary, in which the project is located. __ The parties to this contract will comply with the provisions of sa Sect';on 3 and th'e.regulations issued pursuant theretO by the .Secre ~ry of }~ous~'ing and Urban Development set forti~ in-£4 CFR, and all appl~1;~ cab-lc rules and ordeals of the D.6partment issued thereunder pr. lot to the execution of this contracc. The parties to this contract cert-ify and a~ree th.a~ they are under ilo contractual or other disability wilich would prevent ~hem.-from complying with these requirements. ' 'The contractor will send to each labor organization or representative · iof workers ·with which he has a collective bargaining agreement or otiler cont~act or understanding, if any, a notice advising the said labor' orga~ization of workers' representative of ilis commitments .under- this Section 3 C'lause and shall post copies of the notice in conspicuous places available to employees and applicants· for...employ- merit or training. '' The contractor will include this Section 3 Clause in every subcon tract for work in' connection with tile project and will, at the direc- tion of ti~e applicant for or recipient of Federal financial assi's- tance, take appropriate action ~ursuant to the subcontract upon a · finding that ti~e subcontractor ~s in violation o'f regulations .issued by tile Se-cretary of Housing and Urban Development, 24 CFR..-~: Tile contractor will not subcoqtract wi th any subcontractor wl~ere it .ha.s no~ice or knowledge tl~at tile latter has been'found in rio- . lation of 'regu!atior. s under 24 CFR: and will not let any subcontr~-~t unl'ess ti~e subcontractor ]las first provided it v~itl~ a preliminary · statement o.f ability to comply with the requirements of these .regulati°n~' Compliance witi~ the provisions of Section 3, tile regulations se~ -fortll in 26 CFR, 'and all applicable rules and orders of the Depart- ment issued thereunder prior to tile execution of the contract, shall be a condition of tile Federal financial assistance provided to the project, binding.'tipon tile applicant or recipient --or such assistance, its successors, and assigns. Failure to fulfill these requirements sl~all su~j6ct' tile applicant or recipient, its coil- tractors and subcontractors, its successors, and assigns to those sanctions specified by the-grant or loan agreement o~' contract tllrough which Federal assistance, is provided, and to such sanctions as are 'specified by 24 CFR 135. EXHIBIT "~ EQUAL ~MPEOYMENT OPPORTUNITY CLAUSE .. FOR CONtrACTS NOT SUBJECT TO EXECUTIVE ORDkR 1.~46 In carrying out the contract, the contractor shall ~ot discri- minate against any employee or applicant for employment because of race color, religioj!, sex, qr national origin. The contractor shall ~ake affirmative action to insure that app'licants for em- ployment are e~ployed, and that employees are treated during em- ployment, without regard to their race, color, religion, sex, or national origin. Such actio~ shall include, but not be limited to, the following: employment', upgrading,, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pa,.or other forms of compensation; and selection for training, imcluding apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The contractor shall state ,.tha, t all qualified condidates will receive consideration for employment without regard to race, color, religion sex, o~ ~ational or,gin. EXHIBIT "A(2)" LIST OF PROPERTIES TO--B~=REV~EWE-D_ CITY OF BOYNTON BEACH COMMUNITY IMPROVEMENT DEPARTMENT SEVEN VACANT PARCELS SCATTERED SITES REF. ~ LOCATION: P.C.N.: APPROXIMATE LOT SIZE: N.E. 10th Avenue 08 43 45 21 27 001 0250 50' x 150' = 7500 sq.ft. 11. LOCATION: N.E. 13th Avenue P,C.N,: ~ 08 43 45 21 21 000 0360 APPROXIMATE LOT SIZE: 50' x 140' = 7000 sq.ft. 16. LOCATION: P.C,N,: APPROXIMATE LOT SIZE: LOT SIZE: 17. LOCATION: P.C.N,: APPROXIMATE LOT SIZE: 18. LOCATION: P.C.N,: APPROXIMATE LOT SIZE: 20. LOCATION: P.C.N.: APPROXIMATE SIZE: LOCATION: P.C.N.: APPROXIMATE LOT N.E. llth Avenue 08 43 45 21 .22 003 0012 50' x 150' = 7500 sq.ft. 207 N.E. 12th Avenue 08 43 45 21 20 003 0140 84' x 95' = 7980 sq.ft. N.E. 13th Avenue 08 43 45 21 21 000 0110 50' x 120' = 6000 sq.ft. 118 N.W. 12th Avenue 08 43 45 21 20 006 0050 50' x 105' = 5250 sq.ft. N.W. 12th Avenue 08 43 45 21 14 000 4520 50' x 104' = 5200 sq.ft. AP PRAI SA. DOC 9/6/90 ~Oo~.