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Home My WebLink AboutAgenda Council Agenda 092012CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 20 , 20 1 2 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL I II . ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS : V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS : V I. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 3) PURCHASE AWARD FOR CCNA CONT RACT RENEWALS. b. (Page 85) LEASE OF GOLF CARTS – THIS CONTRACT WILL ALLOW THE CITY TO LEASE GOLF CARTS FOR USE AT THE CITY’S MUNICIPAL GOLF COURSE. THIS NEW CONTRACT IS A PIGGYBACK OF A COMPETITIVELY SOLICITED LEASE WITH YAMAHA CORPORATION AWARDED BY THE CITY OF PENSACOLA, FLORIDA. THE PRICES OFFERED BY YAMAHA ARE LOWER THAN THE CURRENT VENDOR, AND LOWER THAN PRICES OFFERED BY ADVANTAGE GOLF CARS, EZ GO, AND CLUB CAR. THE PRICES ARE FIXED FOR THE 48 -MONTHS TERM OF THE LEASE AGREEMENT. c. (Page 140) PROCLAMATION – NATIONAL SICKLE CELL MONTH . I X . PUBLIC H EARINGS: (* Designates Quasi -Judicial Hearing) a. PRESENTATION OF THE FISCAL YEAR 201 2 /201 3 BUDGET. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Coun cil Member Jablin b. (Staff Report on Page 141, Resolution on Page 143) RESOLUTION 79 , 201 2 - ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY O F PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 , 201 2 , AND ENDING SEPTEMBER 30, 201 3 ; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF TH IS RESOLUTION TO THE PROPERTY APPRAIS ER AND TAX COLLECTOR WI THIN THREE (3) DAYS AFTER ITS ADOPTION ; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 141, Ordinance on Page 145) ORDINANCE 26, 2012 – (2 ND READING AND ADOPTION) FISCAL YEAR 201 2 /201 3 BUDGET . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SE VERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X . RESOLUTIONS: XI . ITEMS FOR COUNCIL ACTION/DISCUSSION: XI I . CITY ATTORNEY REPORT: XI II . AD JOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to app eal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidenc e upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the pr ovision of certain assistance at no cost. Please call the City Clerk’s Office at 561 -799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 -95 5 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. * , . , .... .I PALM BEACH GARDENS '2 unique place to live, learn, work &play" CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 *I PURCHASING AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using full and open competition. Solicitations are advertised in newspaper of general circulation, and copies ore made available through Demandstar, Public Purchase, the City's Purchasing webpage (Vendors List), and the Office of-; the City Clerk. Copies of all solicitations, addendo, and award documentation are provided to the Office of the Inspector General. The following summary provides project information on the procurement action identified below. ' SOLICITATION TYPE: Request for Qualifications CONTRACT NO.: RFQ2009-0014 t TITLE: Professional Services - CCNA DEPARTMENT Planning and Zoning <:.-". . DATE ADVERTISED: Not applicable BIDS/PROPOSALS DUE DATE: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable FUNDING ACCOUNT INFORMATION: RESPONSES RECEIVED: Not applicable CONTRACT VALUE: Estimated: One Million Five Hundred and Fifty Thousand Dollars ($1,550,000) OPTIONS TO RENEW: None : CONTRACT TERM: October 1,2012 -September 30,2015 BACKGROUND: After a competitive RFQ in 2009, the City awarded a contract for Professional Services'under Florida's Consultanp, Competitive Negotiations Act (CCNA). The contract allows the City to purchase architectural, engineering, mapping, environmental- assessments/studies, and similar professional services on an as-needed basis. The contract was awarded for three (3) years with'an option to renew for an additional three (3) year term. The initial award was to thirty-one (31) consultants and firms. However, this renewal is for twenty-seven (27) consultants and firms, as four (4) firms have declined, for various reasons, to be in included in this option to renew the contract for another three (3) years. COMMENTS: At the end of this three-year term, the City will solicit a new competitive RFQfor professional services covered by the' CCNA. ~~ ~ 1 Effective Date: 10/1/2012 I Expiration Date: 9/30/2015 1 Append to Existing: Resolution 100-09 I ., 0 NOT APPROVED 0 DEFERRED .?,C< ! 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (U) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and AECOM Technical Services, Inc., a California corporation with offices in Florida (hereafter referred to as “Consultant”), whose address is 150 North Orange Avenue, Suite 200, Orlando, Florida 32801. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfafufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 201 2, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (U), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ART1 C LE 4. MISCELLANEOUS PROVlS IONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com As to the Consultant: AECOM Technical Services, Inc. 150 North Orange Avenue, Suite 200 Orlando, Florida 32801 Attn: Sharon K. Lamantia, Vice President Emai I : s ha ron . lama nt ia@aecom . corn Page 12 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (U), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. AECOM TECHNICAL SERVICES, INC. Sharon K. Lamantia, Vice President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-aecom technical svcs inc.docx Page [ 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUMITOAGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (C) * THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and L.D. Astorino & Associates, LTD., Inc., a Pennsylvania corporation (hereafter referred to as “Consultant”), whose address is 11770 US Highway One, Suite 401, Palm Beach Gardens, Florida 33408. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (C), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION I The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com L.D. Astorino & Associates, LTD., Inc. 11770 US Highway One, Suite 401 Palm Beach Gardens, Florida 33408 Attn: James G. Centanni, Jr., AIA, Sr. Vice President Email: jcentanni@astorino.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (C), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor I ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. L.D. ASTORINO & ASSOCIATES, LTD., INC. By: James G. Centanni, Jr., Sr. Vice President WITNESSES: By: Print Name: By: Print Name: G:\attorney-shareUiGREEMENTS\CCNA -Addendum I (2012 renewal)-Id astorino and assoc Itd inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (A) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as ‘City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Calvin, Giordano & Associates, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 560 Village Boulevard, Suite 340, West Palm Beach, Florida 33409. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page I 1 Of 3 City of Palm Beach Gardens Agreement No.: RFP2009-014 (A), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbafl.com Calvin, Giordano & Associates, Inc. 560 Village Boulevard, Suite 340 West Palm Beach, Florida 33409 Attn: John Downes, Exec. Vice President Em ai I: jd ow nes@ ca Ivi n -g i ord a n 0. corn Page I 2 of 3 t 1 City of Palm Beach Gardens Agreement No.: RFP2009-014 (A), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. I Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. CALVIN, GIORDANO & ASSOCIATES, INC. By: John Downes, Executive Vice President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Supplemental Agreement (201 2 renewal)-Calvin giordano assocdocx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (M) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Caulfield & Wheeler, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 7900 Glades Road, Suite 100, Boca Raton, Florida 33434. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 201 2, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ! ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. ri I Page I 1 Of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (M), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVlS IONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Em ail: bc ha b re@ p bafl . com As to the Consultant: Page I 2 of 3 Caulfield &Wheeler, Inc. 7900 Glades Road, Suite 100 Boca Raton, Florida 33434 Attn: John F. Wheeler, President Email: jo hnacwiassoc. com City of Palm Beach Gardens Agreement No.: RFQ2009-14 (M), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. CAULFIELD & WHEELER, INC. By: John F. Wheeler, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-caulfield and wheeler inc..docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (AA) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as ‘‘City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and CHZM Hill, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 3001 PGA Boulevard, #300, Palm Beach Gardens, Florida 3341 0. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires’on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises ARTICLE 1. TERM The term of this Addendum September 30, 2015. hereafter set forth, the Consultant and the City agree as follows: shall be for a period from October 2012; through Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (AA), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Emai I : bc ha b re@ p bg f I. corn As to the Consultant: Page 12 of 3 CHZM Hill, Inc. 3001 PGA Boulevard, #300 Palm Beach Gardens, Florida 33410 Attn: Carey Moulton, VP Area Manager Em ai I: ca rev. m o u I ton @ c h 2 m . corn City of Palm Beach Gardens Agreement No.: RFQ2009-14 (AA), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of 2012. CHZM HILL, INC. By: Carey Moulton, VP Area Manager WITNESSES: By: Print Name: By: Print Name: G:\attorney-s'hare\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-ch2m hill inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (G) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as ‘City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Creech Engineers, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 7881 SW Ellipse Way, Stuart, Florida 34957. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Stafufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page I 1 of 3 City of Palm Beach Gardens ' Agreement No.: RFQ2009-14 (G), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days' prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com Creech Engineers, Inc. PO Box 327 Stuart, Florida 34995 Attn: Richard T. Creech, President Email: rtcreech@creechinc.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (G), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. CREECH ENGINEERS, INC. By: Richard T. Creech, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-creech engineers inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (Q) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Dunkelberger Engineering & Testing, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 1225 Omar Road, West Palm Beach, Florida 33405 WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (Q), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Ema il : bc h a b reap bgf I. com As to the Consultant: Dunkelberger Engineering & Testing, Inc. 1225 Omar Road West Palm Beach, Florida 33405 Attn: Kevin E. Aubry, P.E., Geotechnical Svcs. Mgr. Em ail : kevi naodeti nc. net Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (a), Addendum 1 I IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. DUNKELBERGER ENGINEERING & TESTING, INC. By: Douglas S. Dunkelberger, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-dunkelberger eng and testing inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (BB) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Erdman Anthony of Florida, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 1402 Royal Palm Beach Boulevard, Suite 500, Royal Palm Beach, Florida 3341 1. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfafufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (BB), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbqfl.com As to the Consultant: Erdman Anthony of Florida, Inc. 1402 Royal Palm Beach Blvd., Suite 500 Royal Palm Beach, Florida 3341 1 Attn: James F. Noth, Vice President Email: nothj@erdmananthonv.com Page 12 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (BE), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. ERDMAN ANTHONY OF FLORIDA, INC. James F. Noth, Vice President i WITNESSES: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-erdman anthony of florida inc.docx Page I 3 of 3 PALM BEACH GARDENS ’2 unique place to live, leani, work &play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (R) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as ‘City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and GFA International, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 1215 Wallace Drive, Delray Beach, Florida 33444. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfafufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (R), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com GFA International, Inc. 1215 Wallace Drive Delray Beach, Florida 33444 Attn: Frederick G. Kaub, President Em ai I: marketing @ teamg fa. corn As to the Consultant: Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (R), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. GFA INTERNATIONAL, INC. By: Frederick G. Kaub, President WITNESSES: By: Print Name: By: Print Name: I 1 GAattorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-GFA International inc.docx Page I 3 of 3 i CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (N) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Hanson Professional Services Inc., a Delaware corporation (hereafter referred to as “Consultant”), whose address is 1601 Belvedere Road, Suite 303 South, West Palm Beach, Florida 33406. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the NOW, THEREFORE, in consideration of the mutual covenants and promises Agreement subject to the same terms and conditions of the original Agreement. hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1 , 2012, through September 30, 201 5. Page I 1 Of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (N), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com As to the Consultant: Hanson Professional Services Inc. 1601 Belvedere Road, Suite 303 South West Palm Beach, Florida 33406 Attn: David L. Peters, Vice President Email: dlpeters@hanson-inc.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (N), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. HANSON PROFESSIONAL SERVICES INC. By: David L. Peters, Vice President WITNESSES: By: Print Name: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-hanson professional services inc.docx Page I 3 of 3 PALM BEACH GARDENS ‘2 unique place 10 live, learn, work &play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (B) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Harvard Jolly, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 2714 Dr. Martin Luther King Jr. Street North, St. Petersburg, Florida 33704. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page I 1 Of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (B), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION , The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@i?pbgfl.com Harvard Jolly, Inc. 2714 Dr. Martin Luther King Jr. Street North St. Petersburg, Florida 33704 Attn: William 6. Harvard, Jr., President Em ail: y . Iondona ha rva rdiol I y. corn Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (B), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. HARVARD JOLLY, INC. By: William B. Harvard, Jr., President WITNESSES: By: Print Name: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-harvard jolly inc.docx Page I 3 of 3 i CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (CC) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as Tity”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and McMahon Associates, Inc. Transportation Engineers, a foreign for-profit corporation (hereafter referred to as “Consultant”), whose address is 5500 Village Boulevard, Suite 103, West Palm Beach, Florida 33407. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, p u rs u a n t to Section 2 87.05 5, Florida Statutes, Cons u Ita n ts ’ Com petit ive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (CC), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 I With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com As to the Consultant: McMahon Associates, Inc. Transportation Engineers 5500 Village Boulevard, Suite 103 West Palm Beach, Florida 33407 Attn: Trent Ebersole, P.E. Email: trent.ebersole@mcmtrans.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (CC), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. MCMAHON ASSOCIATES, INC. TRANSPORTATION ENGINEERS By: John S. DePalma, Vice President WITNESSES: By: Print Name: Print Name: G:\attorney-shareWGREEMENTSCCNA - Addendum I (201 2 renewal)-mcmahon associates inc transportation engineers.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (I) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Mock, Roos & Associates, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 5720 Corporate Way, West Palm Beach, Florida 33407. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (I), Addendum 1 I ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION I The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Ema i I : bcha b re@ p bnfl . corn Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, Florida 33407 Attn: Alan D. Wertepny, Vice President Em ai I : a la n .we rte pnv@mockroos .com Page 12 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (I), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. MOCK, ROOS & ASSOCIATES, INC. By: Alan D. Wertepny, Vice President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-mock roos.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (Y) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and O’Donnell, Naccarato, Mignogna & Jackson, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 321 La Kirksey Street, Suite 200, West Palm Beach, Florida 33401. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (Y), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Em ail : bcha bre@ p bq f I. com As to the Consultant: O’Donnell, Naccarato, Mignogna & Jackson, Inc. 321 La Kirksey Street, Suite 200 West Palm Beach, Florida 33401 Attn: Dwayne R. Jackson, President Email: djackson@onmi.net Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (Y), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. O’DONNELL, NACCARATO, MIGNOGNA & JACKSON, INC. By: Dwayne R. Jackson, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-odonnell naccarato mignogna and jackson incdocx Page I 3 of 3 PALM BEACH GARDENS ‘I itniqueplace to live, leani, work &play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (DD) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Pinder Troutman Consulting, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 2005 Vista Parkway, Suite 11 1 , West Palm Beach, Florida 3341 1. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfatufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 201 2, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (DD), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ART1 C L E 4. M IS C E L LA N E 0 US P ROVl S IONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@,pbgfl.com As to the Consultant: Pinder Troutman Consulting, Inc. 2005 Vista Parkway, Suite 11 1 West Palm Beach, Florida 3341 1 Attn: Andrea M. Troutman, President Em ail: at rou tmana p i nde rt rou tma n . com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (DD), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. PINDER TROUTMAN CONSULTING, INC. By: Andrea M. Troutman, President WITNESSES: By: Print Name: Print Name: By: G:\attorney-s hare\AGREEMENTS\CCNA Page I 3 of 3 Addendum I (201 2 renewal)-pinder troutman consulting incdocx 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (K) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Michael B. Schorah & Associates, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 1850 Forest Hill Boulevard, Suite #206, West Palm Beach, Florida 33408. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 201 5. Page [ 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (K), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Emai I : bc ha b re@ p bn f I. com Michael B. Schorah & Associates, Inc. 1850 Forest Hill Blvd., Suite #206 West Palm Beach, Florida 33408 Attn: Michael B. Schorah, President Email: froth@schorah.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (K), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. MICHAEL B. SCHORAH & ASSOCIATES, INC. By: Michael B. Schorah, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA -Addendum I (2012 renewal)-michael b schorah and assoc inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (J) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Simmons & White, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfatutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1 , 2012, through September 30,201 5. Page I 1 Of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (J), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Emai I : bc ha b re@ p bg f I. com Simmons &White, Inc. 5601 Corporate Way West Palm Beach, Florida 33407 Attn: Robert F. Rennebaum, President Email: rob@simmonsandwhite.com Page I 2 of 3 IN WITNESS WHEREOF, the par dates hereinafter written. City of Palm Beach Gardens Agreement No.: RFQ2009-14 (J), Addendum 1 ies have executed this Agreement on the Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. SIMMONS &WHITE, INC. By: Robert F. Rennebaum, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (2012 renewal)-Simmons and white incdocx Page I 3 of 3 PALM BEACH GARDENS ‘1 unique place 10 live, learn, work & play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (D) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Slattery and Associates Architects Planners, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 2060 NW Boca Raton Boulevard, #2, Boca Raton, Florida 33431. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (D), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com Slattery and Associates Architects Planners, Inc. 2060 NW Boca Raton Boulevard, #2 Boca Raton, Florida 33431 Attn: Paul J. Slattery, President Email: bobh@slatten/architects.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (D), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. S LATTE RY AND ASSOCIATES ARCHITECTS PLANNERS, INC. By: Paul J. Slattery, President WITNESSES: By: Print Name: By: Print Name: GAattorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-slattery and assoc archs planners inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (H) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Southern Design Group, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 609 North Hepburn Avenue, Suite #204, Jupiter, Florida 33458. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, p u rs u a n t to Section 2 8 7.0 5 5, Florida Statutes, Cons u It ants ’ Competitive N ego t i a t i o n Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 I 1 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (H), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. I termination, the Consultant waives any claims for damages from such termination, ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTlC LE 4. MISCELLANEOUS PROW SI ONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Emai I : bc ha b re@ p bgfl . corn Southern Design Group, Inc. 609 North Hepburn Avenue, Suite #204 Jupiter, Florida 33458 Attn: Laurent B. Van Cott, President Email: sdgvan@covad.net Page 12 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (H), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. SOUTHERN DESIGN GROUP, INC. By: Laurent B. Van Cott, President WITNESSES: By: Print Name: By: Print Name: Giattorney-shareWGREEMENTS\CCNA - Addendum I (201 2 renewal)-southern design group inc.docx Page I 3 of 3 , CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (EE) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Renaissance Planning Group, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 121 South Orange Avenue, Suite 1200, Orlando, Florida 32801. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (EE), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Ema i I : bcha b re@ p bgf I. com As to the Consultant: Renaissance Planning Group, Inc. 121 South Orange Avenue, Suite 1200 Orlando, Florida 32801 Attn: Karen Kiselewski, AlCP Email: kkiselewski@citiesthatwork.com Page I 2 of 3 I City of Palm Beach Gardens Agreement No.: RFQ2009-14 (EE), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. RENAISSANCE PLANNING GROUP, INC. By: Christopher H. Sinclair, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-renaissance planning group inc.docx Page I 3 of 3 PALM BEACH GARDENS ‘2 unique place to live, learn, work &play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (V) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Team Plan, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 824 US Highway One, Suite 250, North Palm Beach, Florida 33408. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, (with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (V), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days' prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 \ With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com As to the Consultant: Team Plan, Inc. 824 US Highway One, Suite 250 North Palm Beach, Florida 33408 Attn: William C. Whiteford, Vice President Email: wcw@teamplaninc.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (V), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. TEAM PLAN, INC. By: William C. Whiteford, Vice President WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-team plan inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (T) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Tierra South Florida, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 2765 Vista Parkway, Suite 9, West Palm Beach, Florida 3341 1. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, p u rs u a n t to Section 2 8 7.0 5 5, Florida S fa tu tes , Cons u It ants ’ C o m petit i ve Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (T), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com As to the Consultant: Tierra South Florida, Inc. 2765 Vista Parkway, Suite 9 West Palm Beach, Florida 3341 1 Attn: Rajan Krishnasamy, President Email: rai@,tierrasf.com Page I 2 of 3 c City of Palm Beach Gardens Agreement No.: RFQ2009-14 (T), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. TIERRA SOUTH FLORIDA, INC. By: Rajan Krishnasamy, President WITNESSES: By: Print Name: By: Print Name: GAattorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-tierra south florida inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (0) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and TLC Engineering for Architecture, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose corporate address is 255 South Orange Avenue, Suite 1600, Orlando, Florida 32801, and local office is 800 Fairway Drive, Suite 250, Deerfield Beach, Florida 33441. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (0), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Ema i I : bc h a b re@ p bgf I. com As to the Consultant: TLC Engineering for Architecture, Inc. 800 Fairway Drive, Suite 250 Deerfield Beach, Florida 33441 Attn: Stephen F. Rollin Em ail: steve. rollin@tlc-enq. corn Page [ 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (0), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. TLC ENGINEERING FOR ARCHITECTURE, INC. Stephen F. Rollin Deerfield Beach Division Director WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-tlc engineering for architecture inc..docx Page I 3 of 3 I I CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (S) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Universal Engineering Sciences, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose corporate office address is 3532 Maggie Boulevard, Orlando, Florida 32811, and local office address is 1818 7‘h Avenue North, Unit 1, Lake Worth, Florida 33461. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Sect ion 287.0 5 5, Florida Statutes, Cons u Ita n ts’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the NOW, THEREFORE, in consideration of the mutual covenants and promises Agreement subject to the same terms and conditions of the original Agreement. hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (S), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ART1 CLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbqfl.com As to the Consultant: Universal Engineering Sciences, Inc. 1818 7‘h Avenue North, Unit 1 Lake Worth, Florida 33461 Attn: Peter G. Read, RegionaVBranch Manager Email: pread@universalengineering.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (S), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. UNIVERSAL ENGINEERING SCIENCES, INC. By: Peter G. Read, Regional/Branch Manager WITNESSES: By: Print Name: By: Print Name: G:\attorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-universal engineering sciences inc.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (P) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and URS Corporation, a Nevada corporation (hereafter referred to as “Consultant”), whose address is 7800 Congress Avenue, Suite 200, Boca Raton, Florida 33487 WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfafufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 of 3 Agreement No.: RFQ2009-14 (P), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbnfl.com As to the Consultant: URS Corporation 7800 Congress Avenue, Suite 200 Boca Raton, Florida 33487 Attn: Panneer Shanmugam, Vice President Email: panneer shanmugam@urscorp.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (P), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor I ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. URS CORPORATION By: Panneer Shanmugam, Vice President WITNESSES: By: Print Name: By: Print Name: GAattorney-share\AGREEMENTS\CCNA - Addendum I (201 2 renewal)-urs corporation.docx Page I 3 of 3 CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTS’ COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (E) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and West Architecture + Design, LLC, a Florida corporation (hereafter referred to as “Consultant”), whose address is 318 S. Dixie Highway, Suite 4- 5, Lake Worth, Florida 33460. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to renew for an additional three- (3) year term; and WHEREAS, the City and the Consultant have mutually agreed to renew the Agreement subject to the same terms and conditions of the original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30, 2015. Page I 1 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (E), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days’ prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. I ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbqfl.com West Architecture + Design, LLC 318 S. Dixie Highway, Suite 4-5 Lake Worth, Florida 33460 Attn: Martha A. Morgan, President Em ai I: pqa nciawest-arc h. com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (E), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney Executed by the Consultant this day of ,2012. WEST ARCHITECTURE + DESIGN, LLC By: Martha A. Morgan, President WITNESSES: By: Print Name: By: Print Name: G:\attorney-shareWGREEMENTSCCNA -Addendum I (201 2 renewal)-slattery and assoc archs planners inc.docx Page I 3 of 3 I i PALM BEACH GARDENS ‘2 uaiqueplace to he, learn, work & play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 ADDENDUM I TO AGREEMENT FOR PROFESSIONAL SERVICES (CONSULTANTSy COMPETITIVE NEGOTIATION ACT) AGREEMENT NO.: RFQ2009-014 (F) THIS ADDENDUM I TO THE AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 0, and Zyscovich, Inc., a Florida corporation (hereafter referred to as “Consultant”), whose address is 100 N. Biscayne Blvd., 27‘h Floor, Miami, Florida 33132. WHEREAS, the City awarded Contract No. RFQ2009-104, to the Consultant, pursuant to Section 287.055, Florida Sfafufes, Consultants’ Competitive Negotiation Act, for the provision of professionals services; and WHEREAS, the Agreement expires on September 30, 2012, with the option to WHEREAS, the City and the Consultant have mutually agreed to renew the NOW, THEREFOREy in consideration of the mutual covenants and promises renew for an additional three- (3) year term; and Agreement subject to the same terms and conditions of the original Agreement. hereafter set forth, the Consultant and the City agree as follows: ARTICLE 1. TERM The term of this Addendum I shall be for a period from October 1, 2012, through September 30,2015. Page I 1 Of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (F), Addendum 1 ARTICLE 2. TERMINATION This Addendum I may be terminated by the City, with or without cause, upon providing written notice to the Consultant. This Agreement may be terminated by the Consultant upon thirty (30) days' prior written notice to the City. Upon any such termination, the Consultant waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Consultant is in breach of this Agreement, the City shall pay the Consultant for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 3. COMPENSATION The City will pay to the Consultant according to the terms and specifications of the original Request for Qualifications. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to the City: With a copy to: As to the Consultant: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-41 11 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: bchabre@pbgfl.com Zyscovich, Inc. 100 N. Biscayne Blvd., 27'h Floor Miami, Florida 33132 Attn: Bernard Zyscovich, President and Managing Partner Email: Bernard@zvscovich.com Page I 2 of 3 City of Palm Beach Gardens Agreement No.: RFQ2009-14 (F), Addendum 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of , 2012. CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Executed by the Consultant this day of , 2012. ZYSCOVICH, INC. By: Bernard Zyscovich President and Managing Partner WITNESSES: By: Print Name: By: Print Name: G:\attorney-shareWGREEMENTS\CCNA - Addendum I (201 2 renewal)-zyscovich inc..docx Page I 3 of 3 PALM BEACH GARDENS ‘2 unique place to live, learn, work & play ’’ CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410-4698 PURCHASING AWARD TRANSMITTAL It is the policy of the City of Polm Beach Gardens to consistently purchose goods ond services using full ond open competition. Solicitotions ore advertised in o newspoper of general circulation, and copies ore mode ovoilable through DemondStor, Public Purchose, the City’s Purchosing webpoge (Vendors List), ond the Ofice of the City Clerk. Copies of all solicitotions, addenda, and oward documentotion ore provided to the Ofice of the Inspector Generol. The following summory provides project information on the procurement action identified below. SOLICITATION TYPE: Piggyback/Access Contract CONTRACT NO.: A-12415 TITLE: Lease of Golf Carts DEPARTMENT: Golf - DATE ADVERTISED: Not applicable BIDS/PROPOSALS DUE DATE: Not applicable WAS SOLICITATION OPENLY COMPETED? Not applicable RESPONSES RECEIVED: Not applicable FUNDING ACCOUNT INFORMATION: 106.2500.572.4420 CONTRACT VALUE: Two Hundred and Seventy Three Thousand, Two Hundred and Eighty Eight Dollars ($273,288) CONTRACT TERM: 09/13/2012 - 09/30/2016 OPTIONS TO RENEW: Yes; if piggyback is renewed BACKGROUND: This contract will allow the City to lease golf carts for use at the City’s municipal golf course. The City has been experiencing serious ongoing issues with the current golf carts leased from the incumbent vendor. Approximately 50% of the carts are inoperable and the vendor has failed to repair the equipment, This new contract is a piggyback of a competitively solicited lease with Yamaha Corporation awarded by the City of Pensacola, Florida. The prices offered by Yamaha are lower than the current vendor, and lower than prices offered by Advantage Golf Cars, EZ Go, and Club Car. Yamaha provided a sample golf cart for a few days, and patrons of the golf course and staff operated and assessed the unit and were impressed with the equipment’s performance and quality. The prices are fixed for the 48-months term of the lease agreement. COMMENTS Subsequent to the approval of this lease by the Council, the City will provide the incumbent vendor with 30-days notice for termination of the current lease, as allowed in the lease terms and conditions. I Effective Date: 9/13/2012 I Expiration Date: 9/30/2016 I Append to Existing: Not applicable I 0 NOT APPROVED O DEFERRED DATE i City of Palm Beach Gardens Contract Agreement No.: A-12-015 PALM BEACH GARDENS ‘2 unique place to live, learn, wurk &play” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT TO ACCESS OTHER CONTRACT FOR LEASE OF ELECTRIC GOLF CARTS AGREEMENT NO.: A-12-015 THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Yamaha Motor Corporation USA, a (hereafter referred to as “Contractot”), whose address is 6555 Katella Avenue, Cypress, California 90630. WHEREAS, Section 2-294, Code of Ordinances permits the City to “piggyback” an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City of Pensacola, Florida, awarded a competitively solicited Invitation to Bid No.12-015, for the lease of electric Yamaha golf carts for the Osceola Golf Course; and WHEREAS, the Contract’s effective date is May 2012, and expires the last day of April 2016; and WHEREAS, the Contract terms and conditions allow the City to access the Contract to purchase the goods or services awarded at the prices agreed therein; and WHEREAS, the City desires to access the subject Contract and lease the golf carts described therein, under the existing terms and conditions, except as modified herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: City of Palm Beach Gardens Contract Agreement No.: A-12-015 ARTICLE 1. DESCRIPTION OF GOODS AND/OR SCOPE OF SERVIGES The Contractor shall lease to the City of Palm Beach Gardens the Yamaha golf carts as described in the Pricing Schedule attached hereto and incorporated herein as Exhibit A (“Pricing Schedule”), the Yamaha Motor Corporation USA contracts attached hereto and incorporated herein as Exhibit B (“Yamaha Contract”) and in accordance with the Contractor’s written quotation dated July 30, 2012. ARTICLE 2. PAYMENT The City will pay the Contractor based on the description, pricing, and monthly lease payment frequency set forth in the Pricing Schedule and Exhibit B and upon receipt and acceptance of the goods or services, by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. ARTICLE 3. TERM OF AGREEMENT The term of this Agreement shall be for a period of approximately forty eight (48) months from the date mutually executed by both parties until September 30, 2016 as per Exhibit B. ARTICLE 4. TERMINATION The City reserves the right to terminate this Agreement in the event of a default by the Contractor by providing sixty (60) days written notice of default to the Contractor. Default by the Contractor shall be defined as thirty percent (30%) or more of the City’s golf car fleet is inoperable due to any warrantable claim and not due to the negligence of the City in addition to any default by the Contractor in the performance of any material term of this Agreement. If the Contractor fails to cure the default to the reasonable satisfaction of the City within the subject sixty- (60) day cure period, this Agreement shall automatically terminate thirty (30) days following the expiration of the cure period. Upon any such termination, the Contractor waives any claims for damages from such termination, including but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. This Article shall not limit the rights or remedies of Contractor which are contained in Exhibit B. ARTICLE 5. INDEMNIFICATION The Contractor is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor‘s performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever, except to the extent such claims, liabilities, causes of action and judgments of any kind may be due to or caused by the negligence or willful misconduct of the City, its officers, employees, servants, or agents. ARTICLE 6. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: City of Palm Beach Gardens Contract Agreement No.: A-12-015 i. As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 ii. with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile: (561) 799-4139 iii. As to the Contractor: Yamaha Motor Corporation USA 6555 Katella Avenue Cypress, California 90630 Attn.: Kim Ruiz Facsimile: (714) 761-7363 b. Entire Agreement. This Agreement, including Exhibit B and any and all attachments hereto, shall constitute the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Agreement . Assignabilitv. This Agreement may not be assigned without the prior written consent of all parties to this e. -. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. f. Governinn Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. 3IPage I ~- _I "_ ~- City of Palm Beach Gardens Contract Agreement No.: A-12-015 h. Construction. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. I. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. j. Eaual Owortunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. ARTICLE 7. CONTRACT AMOUNT The estimated contract amount is Two Hundred Seventy-Three Thousand Two Hundred Eighty-Eight Dollars ($273,288) for the initial contract lease term of forty-eight (48) months as per the terms and conditions of Exhibit B. ARTICLE 8. OTHER FORMS OR DOCUMENTS The City is required by the Contractor to complete and execute the attached Exhibit B. The terms, conditions and requirements in this Agreement shall take precedence over any and all conflicting terms and conditions, or requirements of Exhibit B or the Contractor's forms, documents and/or exhibits attached hereto. (The remainder of this page is intentionally left blank.) 4 t . I City of Palm Beach Gardens Contract Agreement No.: A-12-015 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. [SEAL] CITY OF PALM BEACH GARDENS, FLORIDA By: David Levy, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFlClE cuted by the Contractor this day of ,2012. YAMAHA MOTOR CORP@RATlON USA By: Kim Ruiz, Vice Presic6eKt WITNESS: By: d Print Name: - 4?;mtlkhhfl J 5 I Page I z City of Palm Beach Gardens Contract Agreement No.: A-12-015 EXHIBIT A PRICING Qu a n t i t y Description Monthly Lease Total Price SCHEDULE Item Price Per Golf 1. 82 Golf Carts, $66.75 $5,473.50 Cart Yamaha YT-1 48-volt electric drive golf cars equipped with a 3.5 horsepower Hitachi motor, with the additional accessories as specified in Yama ha’s July 30,2012 quote to the City of Palm Beach Gardens (80 carts and 2 ranger carts) 2. 2 Monthly Lease Payments: Utility Golf $110.00 Trucks $220.00 $5,693.50 6lPage I YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-51 01 800-551-2994 FAX 714-761-7363 August 28,2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 334 10 Dear Yamaha Customer: Enclosed you will find the documentation for your lease of 80 YDRE Yamaha golf cars. The documents enclosed in the package include the following: Master Lease Agreement Equipment Schedule #I 03579 Request for Insurance Certificate of Acceptance Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transaction. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800-551-2994. Sincerely, Stacey Stankey YAMAHA Commercial Customer Finance IEXHIBITB I Commercial Customer Finance MUNICIPAL MASTER LEASE AGREEMENT Page 1 of4 MLSE0906 2‘ J- MOTOR CORPORATION, U S A MASTER LEASE AGREEMENT dated , between YAMAHA MOTOR CORPORATION, U.S.A , having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 (“Lessor“), and having its principal office at September 28, 2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 Lessor and Lessee hereby agree as follows 1 Lease of Equipment Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the “Esuioment”), on the terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto 2 Term The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule 3 Rent Lessee shall pay Lessor rent for the Equipment (“Rent”) in the amounts and at the times set forth on the applicable Equipment Schedule The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule (“m), together with an interest factor at the rate specified in the applicable Equipment Schedule Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessor’s then prevailing rate for late payments specified in Lessor’s invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located 4 Selection. Delivery. and Acceotance Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor (the “M) All costs of delivery are the sole responsibility of Lessee Lessor shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment For all purposes of this Lease, acceptance is conclusively established by Lessee’s execution and deliver of a Certificate of Acceptance provided by Lessor Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment 5 Location. and lnsoection Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor’s prior written consent Lessor and its representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee’s records to confirm Lessee’s compliance with this Lease 6 Care, Use. and Maintenance Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor’s manuals and other instructions received from Lessor Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation of any law, ordinance or governmental regulations The Equipment will be used and operated only as golf cars Lessee shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping If the Equipment is electrical, Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment 7 Insurance Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused During the continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk acceptable to Lessor All policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide for at least thirty (30) days’ prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies Lessee shall, upon request of Lessor, furnish appropriate evidence of such insurance to Lessor Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence In the event of damage to any item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition In no event shall Lessor be liable for arly loss of profit, damage, loss, defect or failure of any item of Equipment or the time which may be required to recover, repair. service, or replace the item of Equipment. In lieu of the insurance requirement contained herein, the Lessee may provide a letter of self-insurance. 8 Storaqe 9 Title to the Equipment shall at all times remain with the Lessor Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schedule, and the riders attached hereto Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor 10 Warranties The Equipment is warranted only in accordance with the manufacturer’s warranty EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURERS WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INTERFERENCE (“Lessee”) Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism Page 2 of 4 MLSE0906 IEXHIBITB I 11. Alterations and Attachments. Lessee may, with Lessor’s prior written consent, make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and depreciation excepted. 12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event that any such tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt of Lessor’s invoice therefor, an amount equal to such tax. Lessee shall collect and remit any and all sales, use, and other taxes payable in any state, county, or city in respect of the rental or other use of the Equipment by Lessee. 13. Indemnitv: Notice of Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all claims, costs, expenses, damages, losses, and liabilities (including. with limitation, attorneys’ fees and disbursements) arising in any way from the gross negligence or misconduct of Lessee or Lessee’s agents and independent contractors, or their respective employees. Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee’s expense in investigating, defending, and resolving such claim. 14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee’s location at which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include damaged or missing tires or wheels). 15. Defaults. The occurrence of any one or more of the following events shall constitute an “Event of Default” under this Lease: as and when the same becomes due and payable; or (a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule (b) default by Lessee in the performance of any other material term, covenant or condition of this Lease, any for a period of 10 days after notice; or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or against Lessee; or (d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors shall occur; a receiver or trustee for Lessee or for Lessee’s assets shall be appointed; any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced; or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or (f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor 16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law: deems itself or any of the Equipment to be insecure. (a) terminate all or any portion of the Equipment Schedules to this Lease; (b) with or without terminating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby granting Lessor the right and license to enter upon Lessee’s premises where the Equipment is located for such purpose; (c) proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys’ fees, which Lessor shall have sustained by reason of Lessee’s default in any covenant or covenants of this Lease, or on account of Lessor’s enforcement of its remedies thereunder; without limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease, plus Lessor’s costs and expenses of pursuing its remedies hereunder (including, without limitation, attorneys’ fees), minus all amounts received by Lessor after using reasonable efforts to sell or re-lease the Equipment after repossession or from any guaranty by the Dealer or any third-party; and (d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy. 17. Assiqnment. Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in th? ,ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment, this Lease, or any interest of Lessee therein. 18. Lessee’s Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease and each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee’s legal, valid, and binding obligations, enforceable in accordance with their terms; (d) adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof; and (e) interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor‘s income for U.S. federal income tax purposes. i Page 3 of 4 MLSE0906 . -'. IEXHIBITB 1 19 Non-Appropriation of Funds Notwithstanding anything contained in this Lease to the contrary, in the event no fuids or insufficient funds are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (I) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (a) Lessee's other obligations and liabilities under the Lease relating to the period, or accruing or arising, prior to such termination In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment Notwithstanding the foregoing, Lessee agrees (I) that it will not cancel the Lease and the Lease shall not terminate under the provisions of this section if any funds are appropriated to it. or by it, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and (11) that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the functions of the Equipment This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services performing functions similar to the functions of the Equipment, and if the Lease terminates pursuant to this section, Lessee agrees that prior to the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or otherwise acquire the use of any such other equipment or services 20 Bindins Effect, Successors and Assiqns This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease and the expiration or other termination of this Lease 21 Notices Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party 22 Governina Law This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state 23 Severability In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction 24 Siqned Counterparts The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the signature page to this Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor The Lessee, by making any payment required under this Lease ratifies all of the terms of this LeasdAgreement 25 Article 2A To the fullest extent permitted by applicable law, Lessee waives any and all rights and remedies conferred by Sections 2A- 508 through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 26 below, except to the extent that such right or remedy is expressly granted to Lessee herein 26 Status of Limitations Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced withm one year after the cause of action accrues 27 Entire Aqreement This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof, and there are no agreements representations, warranties. or understandings with respect to such Subject matter except as expressly set forth herein and therein No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first a6ove written CITY OF PALM BEACH GARDENS as Lessee YAMAHA MOTOR CORPORATION, USA. as Lessor SEE BINDING SIGNAVURE PAGE BY Print Name Title f'age 4 ill 4 EXHIBIT B Bind i ng S ig n at u res Yamaha Municipal Master Lease Agreement dated 9/28/12 and Exhibit A Equipment Schedules: #103579, #103488, #I03489 dated 9/28/1 THE LESSOR AND LESSEE hereby agree as follows: PREVAILING PARTY ATTORNEY'S FEES: The prevailing party in any action, claim or proceeding arising out of this contract shall be entitled to attorney's fees and cost from the losing party. VENUE AND LAW: For any litigation arising from this Agreement, venue will be in Palm Beach County, Florida and the law of the State of Florida shall apply. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first written on Master Lease Agreement. LESSEE: City of Palm Beach Gardens, Florida By: David Levy, Mayor LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. \ By:&+ Name: Kim Ruiz Attest: A Title: Vice President Patricia Snider, CMC, City Clerk Witness: v Printed Name: U Witness: Printed Name: * I* EXHIBIT A IEXHIBITB 1 5' * EQUIPMENT SCHEDULE # 103579 Dated 09/28/2012 1 This Schedule covers the following property ("Equipment"). 80 YDRE GOLF CARS 2 Location of Equipment: PALM BEACH GARDENS MUNI GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 and shall The Lease term for the Equipment described herein shall commence on September 28,2012 3. consist of 4 months from the first day of the month following said date. Rental payments on the Equipment shall be in the following amounts, payable on the followlng schedule: 48 MONTHLY PAYMENTS IN THE AMOUNT OF $5,340.00 (APPLICABLE TAXES TO BE BILLED). STARTING SEPTEMBER 2012 AND ENDING AUGUST 2016. DUE THE 28TH DAY OF THE MONTH AS FOLLOWS: Sep-12 $5,340 00 Ian-13 $5,340 00 Jan-14 $5,340 00 Jan-15 $5,340.00 Ian-16 $5,340 00 Ob-12 $5,340 00 Feb-13 $5,340.00 Feb-14 $5,340 00 Feb-15 $5,340 00 Feb-16 $5,340 00 Nov-12 $5,340.00 Mar-13 $5,340 00 Mar-14 $5,340 00 Mar-15 $5,340.00 Mar-16 $5,340 00 Dec-12 $5,340 00 Apr-13 $5,340.00 Apr-14 $5,340 00 Apr-15 $5,340 00 Apr-16 $5,340 00 May-13 $5,340 00 May-14 $5,340.00 May-15 $5,340.00 May-16 $5,340.00 lun-13 $5,340.00 Jun-14 $5,340 00 lun-15 $5,340 00 Jun-16 $5,340.00 JuI-13 $5,340 00 hl-14 $5,340 00 IUl-15 $5,340 00 l~l-16 $5,340 00 Aug-13 $5,340 00 Aug-14 $5,340.00 Aug-15 $5,340.00 Aug-16 $5,340 00 06-13 $5,340 00 06-14 $5,340 00 Od-15 $5,340 00 NOV-13 $5,340.00 NOV-14 $5,340 00 NOV-15 $5,340.00 Sep-13 $5,340.00 Sep-14 $5,340.00 Sep-15 $5,340 00 Dec-13 $5,340 00 Dec-14 $5,340 00 Dec-15 $5,340 00 5 Interest Factor: 4.792 % 6. Other Terms: Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement. Yamaha is not obligated to perform or provide any service, under any circumstances under the terms of the lease agreement. Service is the responsibility of the Lessee. Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease Agreement shall not relieve Lepee of the responsibilities under the Master Lease Agreement. Signed Counterparts The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the signature page to this Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed counterpart. and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity. enforceability or binding effect of this Lease Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lease/Apreement __ __ September -~ _____ 29,2012 __ This Equipment Schedule is issued pursuant to the Master Lease dated, "Lease") All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein LESSEE: CITY OF PALM BEACH GARDENS LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. (the i, YAMAHA MOTOR CORPORATION, U.S.A. I EXHIBIT B 1 -* ' COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL Desiree-TalaveraQyamaha-motor.com NAME OF INSURANCE AGENT: Auqust 28,2012 ADDRESS: Please Reference our Quote# 103579 PHONE: PALM BEACH GARDENS MUNl GOLF (Customer) Account # - RE: Gentlemen: The Customer has leased or will be leasing equipment from Yamaha. The Customer is required to provide Yamaha with the following insurance coverage: "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as Loss PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit. Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Very Truly Yours, Your Prompt attention will be appreciated. Equipment Covered: CITY OF PALM BEACH GARDENS (Name of DebtorILessee) 80 YDRE GOLF CARS - -- By: Equipment Location: (Signature of Authorized Officer) d . . __ . 11401 . NORTHLAKE ~ BLVD ~~.. ~-~- - - ... 1_ . Title: .. :.--~ ~ - PALM BEACH ~ GARDENS, FL 33410 .- IEXHIBITB 1 -1 CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. - 103579 dated September 28,201 2 to the Master Lease Agreement dated -_ -___- September 29,2012 between Yamaha- Motor Corporation, U.S A, (the "Lessor") and CITY OF PALM BEACH GARDENS (the "Lessee"). The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TY PElMODEL NUMBER NEWAJSED 80 YDRE GOLF CARS See NEW P Attachment LOCATION LM BEACH GARDENS MUNl G 11401 NORTHLAKE BLVD LF PALM BEACH GARDENS, FL 3341 0 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. CITY OF PALM BEACH GARDENS as Lessee A By: ___ J' ' Title: _.~ ~ . . .. IEXHIBITB I City of Palm Beach Gardens Initialed By: AMORTIZATI o N sc H E DU LE FOR MU N IC I PALITY MUNICIPAL LEASE AGREEMENT LESSEE: Citv of Palm Beach Gardens EQUIPMENT SCHEDULE # 103579 Yield: 4.792% Due Mon ## Date Payment Interest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0912811 2 10128112 1 1 I2811 2 12128112 01128113 02128l1 3 0312811 3 0412811 3 0512811 3 0612811 3 0712811 3 0812811 3 0912811 3 10128113 1 1/28/13 12128113 01128l14 02128114 0312811 4 04128114 05128114 06128114 07128114 08128114 09128114 10128114 1 112811 4 12/28/14 01l28l15 0212811 5 0312811 5 0412811 5 0512811 5 0612811 5 0712811 5 0812811 5 0912811 5 10l28l15 1 1/28/15 12128115 01 12811 6 0212811 6 0312811 6 0412811 6 05/28/16 0612811 6 07/28/16 0812811 6 Totals: 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5.340.00 5,340.00 256,320.00 1.208.55 1 .I 92.60 1.176.59 1.160.52 1.144.38 1 .I 28.1 8 1 .I 11.92 1.095.60 1.079.21 1.062.77 1.046.25 1,013.04 996.33 979.56 962.73 945.83 928.86 91 1.83 894.74 877.58 860.35 843.05 825.69 808.27 790.77 773.21 755.58 737.88 720.1 1 702.27 684.37 666.40 648.35 630.24 612.06 593.81 575.48 557.09 538.62 520.09 501.48 482.80 464.05 445.22 426.33 407.36 I .029.68 388.31 38,905.98 YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 800-551-2994 FAX 714-761 -7363 August 28,2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Dear Yamaha Customer: Enclosed you will find the documentation for your lease of 2 YDRA Yamaha golf cars. The documents enclosed in the package include the following: Equipment Schedule # 103488 Request for Insurance Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transaction. I We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800-551-2994. Sincerely, Stacey Stankey YAMAHA Commercial Customer Finance EXHIBIT A IEXHIBITB I EQUIPMENT SCHEDULE # 103488 -, Dated 09/28/2012 1 This Schedule covers the following property ("Equipment"): 2 YDRA GOLF CARS 2 Location of Equipment: PALM BEACH GARDENS MUNI GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 7 3. consist of 4. The Lease term for the Equipment described herein shall commence on Rental payments on the Equipment shall be in the following amounts, payable on the followlng schedule: 48 MONTHLY PAYMENTS IN THE AMOUNT OF $133.50 (APPLICABLE TAXES TO BE BILLED). STARTING SEPTEMBER 2012 AND ENDING AUGUST 2016. DUE THE 28TH DAY OF THE MONTH AS FOLLOWS: September 28,2012 __ and shall 48 months from the first day of the month following said date. Sep-12 $133 50 06-12 $133 50 Nov-12 $133 50 Dec-12 $133 50 Ian-13 $133 50 Feb-13 $133 50 Mar 13 $133 50 Apr-13 $133 50 May-13 $133 50 lun 13 $133 50 JuI-13 $133 50 Aug-13 $133 50 06-13 $133 50 NOV-13 $133 50 Sep-13 $133 50 Dec-13 $133 50 Jan-14 $133 50 Feb-14 $133 50 Mar-14 $133 50 Apr-14 $133 50 May-14 $133 50 Jun-14 $133 50 IuI-14 $133 50 Aug-14 $133 50 06-14 $133 50 NOV-14 $133 50 Sep-14 $133 50 Dec-14 $133.50 Jan-I5 $133.50 Feb-15 $133.50 Mat-15 $133.50 Apr-15 $133.50 May-15 $133.50 lun-15 $133.50 JuI-15 $133.50 Aug-15 $133.50 06-15 $133.50 NOv-15 $133.50 Sep-15 $133.50 Dec-15 $133.50 Ian-16 $133.50 Feb-16 $133.50 Mar-I6 $133.50 Apr-16 $133.50 May-16 $133.50 lun-16 $133.50 Id-16 $133.50 Aug-16 $133.50 5. Interest Factor: 4.792 % 6. Other Terms: Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 ofthe Master Lease Agreement. Yamaha is not obligated to perform or provide any service, under any circumstances under the terms of the lease agreement. Service is the responsibility of the Lessee. Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease Agreement. Signed Counterparts The parties agree that this Lease may be signed in counterparts. that delivery of an executed counterpart of the signature page to this Lease by f&\, email or other electronic means shall be as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually evecuted signature of the Lessor The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lease/Apreenient This Equipment Schedule is issued pursuant to the Master Lease dated, September 29,2012 ___ (the "Lease") All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein LESSEE: CITY OF PALM BEACH GARDENS LESSOR: YANlAWA MOTOR CORPORATION, U.S.A. Signature I ('' YAMAHA MOTQR CORPORATION. U.S.A. 1 EXHIBITB 1 COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL: Desiree-TalaveraQyamaha-motor.com I I NAME OF INSURANCE AGENT: Auaust 28.2012 ________ ~- I ADDRESS: Please Reference our Quote# 103488 - PHONE: (Customer) Account # _____-__ RE: PALM BEACH GARDENS MUNl GOLF Gentlemen: The Customer has leased or will be leasing equipment from Yamaha. The Customer is required to provide Yamaha with the following insurance coverage: "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit. Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Very Truly Yours, Your Prompt attention will be appreciated. Equipment Covered: r CITY OF PALM BEACH GARDENS (Name of DebtorILessee) 2 YDRA GOLF CARS _- By: _______ Equipment Location: (Signature of Authorized .Officer) Title: ~ ~__.__ . . . . ~.~ .. . .- 11401 __ NORTHLAKE BLVD ~ - ---- L.__ L - ~ PALM BEACH _ GARDENS, FL 33410 I IEXHIBITB 1 I I I CERTIFICATE OF ACCEPTANCE This certificate IS executed pursuant to Equipment Schedule No. dated - September 28,2012 to the Master Lease Agreement dated September 29,2012 between Yamaha Motor Corporation, U.S.A. 103488 (the "Lessof) and CITY OF PALM BEACH GARDENS (the "Lessee") The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPElMODEL NUMBER NEWlUSED LOCATION 2 YDRA GOLF CARS NEW PALM BEACH GARDENS MUNl GOLF See Attachment 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDlTlONSlSPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. IEXHIBITB I L9 City of Palm Beach Gardens Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: Citv of Palm Beach Gardens EQUIPMENT SCHEDULE # 103488 Yield: 4.792% Due 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Mon# Date Payment Interest 09/28/12 133 50 33.63 10/28/12 133.50 33 24 11/28/12 133 50 32 86 12/28/12 133 50 32 47 01/28/13 133 50 32 08 02/28/13 133 50 31 68 03/28/13 04/28/13 05/28/13 06/28/13 07/28/13 08/28/13 09/28/13 10/28/13 1 1/28/13 12/28/13 01/28/14 02/28/14 03/28/14 04/28/14 05/28/14 06/28/14 07/28/14 08/28/14 09/28/14 10/28/14 11/28/14 12/28/14 01 12811 5 02/28/15 03/28/15 05/28/15 06/28/15 07/28/15 08/28/15 09/28/15 10/28/15 1 1/28/15 12/28/15 01/28/16 02/28/16 03/28/16 04/28/16 05/28/16 06/28/16 07/28/16 08/28/16 04/28/15 . 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 Tota Is : 6,408.00 31 29 30 89 30 50 30 10 29 70 29 30 28 89 28 49 28 08 27 67 27 27 26 85 26 44 26 03 25 61 25 19 24 78 24 36 23 93 23 51 23 08 22 66 22 23 21 80 21 36 20 93 20 50 20 06 19 62 19 18 18 74 18 29 17 85 17 40 16 95 16 50 16 05 15 59 15 14 14 68 14 22 13 76 1,151.41 t YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-51 01 800-551-2994 FAX 714-761-7363 August 28,2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Dear Yamaha Customer: Enclosed you will find the documentation lur your lease of 2 YT2A Yamaha golf cars. The documents enclosed in the package include the following: Equipment Schedule # 103489 Request for Insurance Certificate of Acceptance Ju /e /LJ fl, ‘ / + ,-z 6 4-1 b yvhm’e,j-.d Please have these documents signed by an Authorized City Official and return them to me in the encloseb prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transaction. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800-55 1-2994. Sincerely, Stacey Stankey YAMAHA Commercial Customer Finance EXHIBIT A IEXHIBITB I I EQUIPMENT SCHEDULE # 103489 Dated 09/28/2012 1 This Schedule covers the following property ("Equipment"): 2 YTZA GOLF CARS 2. Location of Equipment: PALM BEACH GARDENS MUNI GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 3. consist of 4. The Lease term for the Equipment described herein shall commence on September 28,2012 and shall 48 - months from the first day of the month following said date Rental payments on the Equipment shall be in the following amounts, payable on the following schedule. 48 MONTHLY PAYMENTS IN THE AMOUNT OF $220.00 (APPLICABLE TAXES TO BE BILLED). STARTING SEPTEMBER 2012 AND ENDING AUGUST 2016. DUE THE 28TH DAY OF THE MONTH AS FOLLOWS: 5. Sep-12 $220 00 Ob-12 $220 00 Nov-12 $220 00 Dec-12 $220 00 Ian-13 $220 00 Feb-13 $220 00 Mar-13 $220 00 Apr-13 $220 00 May-13 $220 00 lun-13 $220 00 lul-13 $220 00 Aug-13 $220 00 Sep-13 $220.00 06-13 $220 00 NOv-13 $220 00 Dec-13 $220 00 Interest Factor: 4.792 % Ian-14 $220.00 Feb-14 $220.00 Mar-14 $220.00 Apr-14 $220.00 May-14 $220.00 lun-14 $220.00 Jul-14 $220.00 Sep-14 $220.00 AUg-14 $220.00 06-14 $220.00 NOV-14 $220.00 Dec-14 $220.00 Ian-15 $220.00 Feb-15 $220.00 Mar-15 $220.00 Apr-15 $220.00 May-15 $220.00 lun-15 $220.00 lul-15 $220.00 Aug-15 $220.00 Sep-15 $220.00 06-15 $220.00 NOV-15 $220.00 Dec-15 $220.00 Ian-16 $220 00 Feb-16 $220.00 Mar-16 $220.00 Apr-16 $220.00 May-16 $220.00 Jun-16 $220.00 IuI-16 $220.00 Aug-16 $220.00 6. Other Terms: Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement. Yamaha is not obligated to perform or provide any service, under any circumstances under the terms of the lease agreement. Service is the responsibility of the Lessee. Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease Agreement. Signed Counterparts The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the signature page to this Lease by fax email or other electronic means shall be as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lease/Agreement This Equipment Schedule is issued pursuant to the Master Lease dated, - ____ __ September 29,2012---_ "Lease") All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein (the LESSEE: CITY OF PALM BEACH GARDENS LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. SEE BINDING SIGNATU BY N am e YAMAHA MOTOR CORPORATION, U.S.A. 1 EXHIBITB I ~ NAME OF INSURANCE AGENT: Auqust 28,2012 COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL: Desiree-Talaveraayamaha-motor.com ADDRESS: - __ Please Reference our Quote# 103489 PHONE FAX: RE: _____~ ~- __ PALM BEACH GARDENS MUNl GOLF (Customer) Account # ___ Gentlemen: The Customer has leased or will be leasing equipment from Yamaha. The Customer is required to provide Yamaha with the following insurance coverage: "All Risk' Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit. Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Very Truly Yours, Your Prompt attention will be appreciated. Equipment Covered: CITY OF PALM BEACH GARDENS (Name of DebtorILessee) 2 YT2A GOLF CARS By _____- ___________ __~ Y 11401 ___-___ NORTHLAKE BLVD - - __ __ x Equipment Location: (Signature of Authorized Officer) rr 3 /. * IEXHIBITB I CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. 103489 dated September 28,2012 to the Master Lease Agreement dated between Yamaha U.S.A. ____ September 29,2012 __ (the "Lessor") and CITY OF PALM BEACH GARDENS (the "Lessee"). The Lessee hereby certifies that the Equipment set forth below, ,as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPElMODEL NUMBER NEWlUSED LOCATION 2 YT2A GOLF CARS See Attachment NEW PALM BEACH GARDENS MUNl GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. I il b i 0 (EXHIBITB [ CERTIFICATE OF ACCEPTANCE 103489 This certificate is executed pursuant to Equipment Schedule No. dated September 28,201 2 to the Master Lease Agreement dated __-_____ April 29, 1999 between Yamaha Motor Corporation, U.S.A. (the "Lessor") and CITY OF PALM BEACH GARDENS (the "Lessee"). The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPElMODEL NUMBER NEWlUSED LOCATION 2 YTM GOLF CARS See NEW PALM BEACH GARDENS MUNl GOLF Attachment 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. CITY OF PALM BEACH GARDENS as Lessee By: ___________ _____ Name: ~ Title: ~ ~ \ f IEXHIBITB I W City of Palm Beach Gardens Initialed By: I AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: Citv of Palm Beach Gardens EQUIPMENT SCHEDULE # 103489 Yield: 4.792% Mon - # - 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 a la 2a 3a 4a Tota Is : 10,560.00 1,516.88 .* City of Palm Beach Gardens Contract Agreement No.: A-12-015 PALM BEACH GARDENS ‘2 imiqiieploce to live, learn, work (15 pla),” CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AGREEMENT TO ACCESS OTHER CONTRACT FOR LEASE OF ELECTRIC GOLF CARTS AGREEMENT NO.: A-12-015 THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereafter referred to as “City”), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Yamaha Motor Corporation USA, a (hereafter referred to as “Contractor”), whose address is 6555 Katella Avenue, Cypress, California 90630. WHEREAS, Section 2-294, Code of Ordinances permits the City to “piggyback” an agreement awarded to another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City of Pensacola, Florida, awarded a competitively solicited Invitation to Bid No.12-015, for the lease of electric Yamaha golf carts for the Osceola Golf Course; and WHEREAS, the Contract’s effective date is May 2012, and expires the last day of April 2016; and WHEREAS, the Contract terms and conditions allow the City to access the Contract to purchase the goods or services awarded at the prices agreed therein; and WHEREAS, the City desires to access the subject Contract and lease the golf carts described therein, under the existing terms and conditions, except as modified herein. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. ,. *.I 1 ‘ a’ DESCRIPTION OF GOODS AND/OR SCOPE OF SERVICES City of Palm Beach Gardens Contract Agreement No.: A-12-015 I The Contractor shall lease to the City of Palm Beach Gardens the Yamaha golf carts as described in the Pricing Schedule attached hereto and incorporated herein as Exhibit A (“Pricing Schedule”), the Yamaha Motor Corporation USA contracts attached hereto and incorporated herein as Exhibit B (“Yamaha Contract”) and in accordance with the Contractor’s written quotation dated July 30,2012. ARTICLE 2. PAYMENT The City will pay the Contractor based on the description, pricing, and monthly lease payment frequency set forth in the Pricing Schedule and Exhibit B and upon receipt and acceptance of the goods or services, by a duly authorized representative of the City. In accordance with Section 218.74, Florida Statutes, the time at which payment shall be due from the City shall be forty-five (45) days from receipt of a proper invoice. ARTICLE 3. TERM OF AGREEMENT The term of this Agreement shall be for a period of approximately forty eight (48) months from the date mutually executed by both parties until September 30, 2016 as per Exhibit B. ARTICLE 4. TERMINATION The City reserves the right to terminate this Agreement in the event of a default by the Contractor by providing sixty (60) days written notice of default to the Contractor. Default by the Contractor shall‘be defined as thirty percent (30%) or more of the City’s golf car fleet is inoperable due to any warrantable claim and not due to the negligence of the City in addition to any default by the Contractor in the performance of any material term of this Agreement. If the Contractor fails to cure the default to the reasonable satisfaction of the City within the subject sixty- (60) day cure period, this Agreement shall automatically terminate thirty (30) days following the expiration of the cure period. Upon any such termination, the Contractor waives any claims for damages from such termination, including but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. This Article shall not limit the rights or remedies of Contractor which are contained in Exhibit B. ARTICLE 5. IN DE M N I FI CATION The Contractor is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor’s performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever, except to the extent such claims, liabilities, causes of action and judgments of any kind may be due to or caused by the negligence or willful misconduct of the City, its officers, employees, servants, or agents. ARTICLE 6. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: 2 I Page i. As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 ii. with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Facsimile : (561) 7 99-4 139 City of Palm Beach Gardens Contract Agreement No.: A-12.015 iii. As to the Contractor: Yamaha Motor Corporation USA 6555 Katella Avenue Cypress, California 90630 Attn.: Kim Ruiz Facsimile: (714) 761-7363 - b. Entire Agreement. This Agreement, including Exhibit B and any and all attachments hereto, shall constitute the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Bindinn Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. d. Agreement. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this e. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. f. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. g. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. h. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. City of Palm Beach Gardens Contract Agreement No.: A-12-015 I h. Construction. The parties acknowiedge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. I. Attornev’s Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney’s fees and costs, including appellate fees and costs. j. Equal Opportunity. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. ARTICLE 7. CONTRACT AMOUNT The estimated contract amount is Two Hundred Seventy-Three Thousand Two Hundred Eighty-Eight Dollars ($273,288) for the initial contract lease term of forty-eight (48) months as per the terms and conditions of Exhibit B. ARTICLE 8. OTHER FORMS OR DOCUMENTS The City is required by the Contractor to complete and execute the attached Exhibit 6. The terms, conditions and requirements in this Agreement shall take precedence over any and all conflicting terms and conditions, or requirements of Exhibit B or the Contractor‘s forms, documents and/or exhibits attached hereto. (The remainder of this page is intentionally left blank.) 4JPage 14 * *, City of Palm Beach Gardens Contract Agreement No : A-12.015 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] By: David Levy, Mayor AlTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND Exduted by the Contractor this day of ,2012. YAMAHA MOTOR CORPORATI~N USA By: &$k Kim Ruiz, Vice President WITNESS: By: Print Name: 5% By: 5 I Page EXHIBIT A PRICING Quantity SCHEDULE Item 1. 82 2. 2 Monthly Lease Payments: City of Palm Beach Gardens Contract Agreement NO.: A-12-015 Description Monthly Lease Total Price Price Per Golf Cart Golf Carts, $66.75 $5,473.50 Yamaha YT-1 48-volt electric drive golf cars equipped with a 3.5 horsepower Hitachi motor, with the additional accessories as specified in Yama ha’s July 30, 2012 quote to the City of Palm Beach Gardens (80 carts and 2 ranger carts) 61 Page Utility Golf $110.00 Trucks $220.00 $5,693.50 IEXHIBITB I YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-51 01 800-551-2994 FAX 714-761-7363 August 28,2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Dear Y amaha Customer: Enclosed you will find the documentation for your lease of 80 YDRE Yamaha golf cars. The documents enclosed in the package include the following: Master Lease Agreement Equipment Schedule #lo3579 Request for Insurance Certificate of Acceptance MjWr ,*“I; fi/ r-jvr(Q/ 11‘7 >+/‘rl Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transaction. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800-551-2994. Sincerely, S t acey Stank ey . Commercial Customer Finance MUNICIPAL MASTER LEASE AGREEMENT I I IEXHIBITB I - MOTOR CORPORATION. U.S.A MASTER LEASE AGREEMENT dated September 28, 2012 , between YAMAHA MOTOR CORPORATION, U.S.A , having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), and having its principal office at CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 ("Lessee") Lessor and Lessee hereby agree as follows I Lease of Equipment Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto 2 Term_ The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule 3 Lessee shall pay Lessor rent for the Equipment ("Rent") in the amounts and at the times set forth on the applicable Equipment Schedule The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule ("w), together with an interest factor at the rate specified in the applicable Equipment Schedule Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located 4 Selection, Deliverv, and Acceptance Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor (the "Dealer") All costs of delivery are the sole responsibility of Lessee Lessor shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of Acceptance provided by Lessor Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment 5 Location, and Inspection Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent Lessor and its representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease 6 Care, Use, and Maintenance Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other instructions received from Lessor Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation of any law, ordinance or governmental regulations The Equipment will be used and operated only as golf cars Lessee shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment IS used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping If the Equipment is electrical, Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment 7 Insurance Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused During the continuance of this Master Lease Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk acceptable to Lessor All policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide for at least thirty (30) days' prior written notice by the underwnter or insurance company to Lessor in the event of cancellation or expiration of any such policies Lessee shall, upon request of Lessor furnish appropriate evidence of such insurance to Lessor Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence In the event of damage to any item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition In no event shall Lessor be liable for any loss of profit. damage, loss, defect or failure of any item of Equipment or the time which may be required to recover, repair, service, or replace the item of Equipment, In /leu of the insurance requirement contained herein, the Lessee may provide a (etfer of self-insurance. 8 Storaqe 9 2 Title to the Equipment shall at all times remain with the Lessor Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schedule, and the riders attached hereto Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment Lessee shall keep all Equipment free from any marking or labeling which might be interprefed as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor 10 Warranties The Equipment is warranted only in accordance with the manufacturer's warranty EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURER'S WARRANTY LESSOR DISCLAIMS ANY OTHER WARRANTY EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NON INTERFERENCE Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism (EXHIBITB 1 11 Alterations and Attachments Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business, provided, however, that such alterations shall not diminish the value or utility of the Equipment. or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and provided, further, that such modification shall be removable without causing damage to the Equipment Upon return of the Equipment to Lessor, Lessee shall, if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and depreciation excepted 12 Taxes Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder In the event that any such tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt of Lessor's invoice therefor, an amount equal to such tax Lessee shall collect and remit any and all sales, use, and other taxes payable in any state, county, or city in respect of the rental or other use of the Equipment by Lessee 13 Indemnitv, Notice of Claim Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all ciaims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving such claim 14 Return of Equipment Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used hereunder The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order, repair, condition. and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include damaged or missing tires or wheels) 15 Defaults The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease as and when the same becomes due and payable, or (a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule (b) default by Lessee in the performance of any other material term, covenant or condition of this Lease, any for a period of 10 days after notice, or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or against Lessee, or (d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors shall occur, a receiver or trustee for Lessee or for Lessee's assets shall be appointed, any formal or informal proceeding for dissolution. liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced, or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder, or (f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor 16 Remedies Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law deems itself or any of the Equipment to be insecure (a) terminate all or any portion of the Equipment Schedules to this Lease, (b) with or without terminating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose, (c) proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees, which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease, or on account of Lessor's enforcement of its remedies thereunder, without limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease, plus Lessor's costs and expenses of pursuing its remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using reasonable efforts to sell or re-lease the Equipment after repossession or from any guaranty by the Dealer or any third-party, and (d) sell the Equipment or enter into a new lease of the Equipment No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy 17 Assiqnment Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in the ordinary course of business). or create, incur. assume, or permit to exist any security interest. lien, or other encumbrance on, the Equipment, this Lease, or any interest of Lessee therein 18 Lessee's Representations and Warranties (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto, (b) Lessee has taken all necessary action to authorize its execution, delivery. and performance of this Lease and each Equipment Schedule and rider hereto, (c) the Lease and each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal, valid, and binding obligations, enforceable in accordance with their terms. (d) adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof, and (e) interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U S federal income tax ourposes Lessee represents and warrants to Lessor that Page -Jl ai 4 14 I .S t 0905 I 19 Non-Appropriation of Funds Notwithstanding anything contained in this Lease to the contrary in the event no funds or insufficient funds are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (I) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (ii) Lessee's other obligations and liabilities under the Lease relating to the period. or accruing or arising, prior to such termination In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment Notwithstanding the foregoing, Lessee agrees (I) that it will not cancel the Lease and the Lease shall not terminate under the provisions of this section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period. and (11) that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to SelViCeS performing functions similar to the functions of the Equipment This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease rent or otherwise acquire the use of any other equipment or sewices performing functions similar to the functions of the Equipment and if the Lease terminates pursuant to this section, Lessee agrees that prior to the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase lease, rent or otherwise acquire the use of any such other equipment or services 20 Bindinq Effect, Successors and Assiqns This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease and the expiration or other termination of this Lease 21 Notices Any notice. request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party 22 Governinq Law This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state 23 Severability In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction. any such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceabihty without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any Jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction 24 Siqned Counterparts The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the signature page to this Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor The Lessee, by making any payment required under this Lease ratifies all of the terms of this LeasdAgreement 25 Article 2A To the fullest extent permitted by applicable law, Lessee waives any and all rights and remedies conferred by Sectrons 2A- 508 through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 26 below, except to the extent that such right or remedy is expressly granted to Lessee herein 26 Status of Limitations Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within one year after the cause of action accrues 27 Entire Aqreement This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof and there are no agreements representations warranties or understandings wlth respect to such subject matter except as expressly set forth herein and therein No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first above written CITY OF PALM BEACH GARDENS as Lessee YAMAHA MOTOR CORPORATION, U.S.A. as Lessor BY Print Name SEE BINDING SIGNATURE PAGE Title. ~1 EXHIBIT B Bi n d i ng S ig na t u res Yamaha Municipal Master Lease Agreement dated 9/28/12 and Exhibit A Equipment Schedules: #103579, #103488, #I03489 dated 9/28/12 THE LESSOR AND LESSEE hereby agree as follows: PREVAILING PARTY ATTORNEY'S FEES: The prevailing party in any action, claim or proceeding arising out of this contract shall be entitled to attorney's fees and cost from the losing party. VENUE AND LAW: For any litigation arising from this Agreement, venue will be in Palm Beach County, Florida and the law of the State of Florida shall apply. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first written on Master Lease Agreement. LESSEE: City of Palm Beach Gardens, Florida LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. By: By : David Levy, Mayor Attest: Name: Kim Ruiz Title: Vice President ~ Patricia Snider, CMC, City Clerk Witness: /-I Approved as to form and /H YLILy HLLVIIIt!'Y Printed Name: - ~ IEXHTBITB 1 EXHISlT '4 EQUIPMENT SCHEDULE # 103579 Dated 09/28/2012 I This Schedule cove1 s the following property ("Equipment") 80 YDRE GOLF CARS 7 Location of Equipment PALM BEACH GARDENS MUNl GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ? The Lease term for the Equipment described herein shall commence on September 28,2012 and shall consist of 4 48 . - months from the first day of the month following said date Rental payments on the Equipment shall be in the following amounts, payable on the following schedule 18 MONTHLY PAYMENTS IN THE AMOUNT OF $5,340.00 (APPLICABLE TAXES TO BE BILLED). STARTING SEPTEMBER 2012 AND ENDING AUGUST 2016. DUE THE 28TH DAY OF THE MONTH AS FOLLOWS. Sep-12 $5,340 00 Ob-12 $5,340 00 Dec-12 $5,340 OD Ian-13 $5,340 00 Feb-13 $5,340 00 Apr-13 $5,340 DO May-13 $5,340 00 Iun-13 $5,340 00 Nov-12 $5,340 00 Mar-13 $5,340 00 IuI-13 $5,340 00 Aug-13 $5,340 00 Od-13 $5,340 00 NOv-13 $5,340 00 Sep-13 $5,340 00 Dec-13 $5,340 00 Jan-14 $5,340 00 Feb-14 $5,340 00 Mar-14 $5,340 00 Apr-14 $5,340 00 May-14 $5,340 00 Jun-14 $5,340 00 IUl-14 $5,340 00 Au-14 $5,340 00 Oct-14 $5,340 00 NOV-14 $5,340 00 Sep-14 $5,340 00 Dec-14 $5,340 00 Jan-15 $5,340 00 Feb-15 $5,340 00 Mar-15 $5,340 00 Apr-15 $5,340 00 May-15 $5,340 00 Jun-15 $5,340 00 JuI-15 $5,340 00 Aug-15 $5,340 00 Oct-15 $5,340 00 NOV-15 $5,340 00 Sep-15 $5,340 00 Dec-15 $5,340 00 Ian-16 $5,340 00 Feb-16 $5,340 00 Mar-16 $5,340 00 Apr-16 $5,340 00 May-16 $5,340 00 Jun-16 $5,340 00 JuI-16 $5,340 00 Aug-16 $5,340 00 6 Other Terms Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement Yamaha is not obligated to perform or provide any service, under any circumstances under the terms of the lease agreement Service is the responsibility of the Lessee Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease Agreement Signed Counterparts: The parties agree that this Lease may be signed in counterparts. that delivery of an executed counterpart of the signature page to this Lease by fax, email or other electronic means shall be as effective as delivery ofa manually executed counterpan. and any hilure to deliver the original manually executed counterpait sent by fax. email or other electronic means shall not affect the validity. enforceability 01- binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original ofthis Lease shall be the Lease bearing the manually executed signature of the Lessor. The Lessee. by makmg any payment required under this Lease ratifies all ofthe terms ofthis LeaseiAereement. This Equipment Schedule is issued pursuant to the Master Lease dated, September -~ 29,2012.- ~ -- (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: CITY OF PALM BEACH GARDENS LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. YAMAHA MOTOR CORPORATION, U.S.A. 1 EXHIBIT B 1 COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL Desiree-Talaveraayamaha-motor com NAME OF INSURANCE AGENT Auqust 28.2012 __ - - _ - _____-- ..- ._ . - ___ -. ___ - __ ._ - - --- _- -- ADDRESS Please Reference our Quote# 103579 ___ . - ___ - - - - PALM BEACH GARDENS . ___ MUNl GOLF - . - (Customer) Account # . .. RE ... -. ... - .... ... .. _*_ ............ .. .......... .. Gentlemen: The Customer has leased or will be leasing equipment from Yamaha The Customer is required to provide Yamaha with the following insurance coverage: "All Risk' Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit Each policy shall provide that (I) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (11) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore A Certificate evidencing such coverage should be maded to Yamaha at the following address Yamaha Motor Corporation, U.S.A. Attn Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Very Truly Yours, Your Prompt attention will be appreciated Equipment Covered . __ 80 YDRE GOLF CARS CITY __ OF PALM BEACH GARDENS ___ (Name of DebtorlLessee) .... ............. ........... ........... ......... -. -- By: - x ........... . .......... Equipment Location: (Signature of Authorized Officer) \' 2! 1 I401 NORTHLAKE BLVD Title PALM BEACH GARDENS, FL 334110 I IEXHIBITB I CERTIFICATE OF ACCEPTANCE 103579 -- - --- -- -- -- - - -- - . _. - . _. - This certificate is executed pursuant to Equipment Schedule No dated -~ - -_ ____ September 287 2012- to the Master Lease Agreement dated __ Se9Jernber 29>.B'I2 - -- __ . - between \/amaha Motor Coporation, U SA (the "Lessor") and CITY OF PALM BEACH GARDENS (the "Lessee") The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below EQUIPMENT SERIAL QUANTITY TY P EIM 0 DEL NUMBER NEWlUSED LO CAT1 ON 80 YDRE GOLF CARS NEW PALM BEACH GARDENS MUNl GOLF See Attach men t 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment CITY OF PALM BEACH GARDENS IEXHIBITB I Y City of Palm Beach Gardens Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: Citv of Palm Beach Gardens EQUIPMENT SCHEDULE # 103579 Yield: 4.792% 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Due Mon# Date Payment Interest 1 09/28/12 5 340 00 1 208 55 10/28/12 5 340 00 119260 1 1 /28/12 5 340 00 117659 12/28/12 01/28/13 02/28/13 03/28/13 04/28/13 05/28/13 06/28/13 07/28/13 08/28/13 09/28/13 10/28/13 11/28/13 12/28/13 01/28/14 02/28/14 03/28/14 04/28/14 05/28/14 06/28/14 0712811 4 08/28/14 09/28/14 10/28/14 1 1 12811 4 12/28/14 01/28/15 02/28/15 0312811 5 04/28/15 05/28/15 06/28/15 0712811 5 08/28/15 09/28/15 10/28/15 1 1/28/15 12/28/15 0 1 12811 6 02/28/16 03/28/16 04/28/16 05/28/16 0612811 6 07/28/16 08/28/16 Totals: 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 5 340 00 256,320 00 116655 114438 112818 1111 92 109560 107921 1 062 77 1 046 25 102968 1,013 04 996 33 979 56 962 73 945 83 928 86 911 83 894 74 877 58 860 35 843 05 825 69 808 27 790 77 773 21 755 58 737 88 720 11 702 27 684 37 666 40 648 35 630 24 612 06 593 81 575 48 557 09 538 62 520 09 501 48 482 80 464 05 445 22 426 33 407 36 388 31 38,905.98 IEXHIBITB 1 YAMAHA MOTOR CORPORATION, U.S.A 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 800-551-2994 FAX 714-761-7363 August 28,2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Dear Y amaha Customer: Enclosed you will find the documentation for your lease of 2 YDRA Yamaha golf cars. The documents enclosed in the package include the following: Equipment Schedule #lo3488 Request for Insurance Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transaction. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800-55 1-2994. Sincerely, Stacey Stankey Commercia I C ustorr-rie r F i ri a cI CE EXHIBIT A (EXHIBITB I EQUIPMENT SCHEDULE # 10348s Dated 0912 812 0 12 I This Schedule covers the following propei-ty ("Equipment") 2 YDRA GOLF CARS 2 Location of Equipment 5 Interest Factor _4.?92- Yo PALM BEACH GARDENS MUNl GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 and shall 7 consist of 4 The Lease term for the Equipment described herein shall commence on Septernbtw~28,20~~ !! - months from the first day of the month following said date Rental payments on the Equipment shall be in the following amounts, payable on the following schedule 48 MONTHLY PAYMENTS IN THE AMOUNT OF $133.50 (APPLICABLE TAXES TO BE BILLED). STARTING SEPTEMBER 2012 AND ENDING AUGUST 2016. DUE THE 2STH DAY OF THE MONTH AS FOLLOWS: Sep-12 $133 50 013-12 $133 50 Nov-12 $133 50 Dec-12 $133 50 Ian-13 $133 50 Feb-13 $133 50 Mar-13 $133 50 Apr-13 $133 50 May-13 $133 50 l~n-13 $133 50 IuI-13 $133 50 AUg-13 $133 50 Sew13 $133 50 Ian-14 $133 50 Feb-14 $133 50 Mar-14 $133 50 Apr-14 $133 50 May-14 $133 50 Iun-14 $133 50 3Ul-14 $133 50 AN-14 $133 50 Sep-14 $133 50 Ian-15 $133 50 Feb-15 $133 50 Mar-15 $133 50 Apr-15 $133 50 May-15 $133 50 lun-15 $133 50 JuI-15 $133 50 Aug-15 $133 50 Se~-15 $133 50 Jan-16 $133 50 Feb-16 $133 50 Mar-16 $133 50 Apr-16 $133 50 May-16 $133 50 Juri-16 $133 50 l~l-16 $133 50 Aug-16 $133 50 Signed Counterparts: The parties agree that this Lease may be signed in countei-parts. that delivery of an executed counterpart of the signature page to this Lease by fax. ernail or other electronic means shall be as effective as delivery ofa manually executed counterpart, and any failure to deliver the original rnanually executed counterpart sent by fax, email or other electronic means shall not affect the validity. enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease. the sole original of this Lease shall be the Lease bearing the manuall)! executed signature ofthe Lessor. The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lease/Aueement. This Equipment Schedule is issued pursuant to the Master Lease dated, . .. . . September 29,2012 -. ~ (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: CITY OF PALM BEACH GARDENS LESSOR: Y.4MAHA MOTOR CORPORATION, U.S.A. YAMAHA MOTOR CQRPQRATIQN, U.S.A. I EXHIBITB I COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL Desiree-TalaveraQyamaha-motor corn NAME OF INSURANCE AGENT Auqust 28,2012 ADDRESS: . . ~. ~. . ... ~~ .... . .. ~. ~ -. .... ~ PHONE: FAX -_ RE - PALM BEACH-G-ARDENS MUNl GOLF - (Customer) Account # - _. Gentlemen: The Customer has leased or will be leasing equipment from Yamaha The Customer is required to provide Yamaha with the following insurance coverage "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit Each policy shall provide that (I) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (11) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore A Certificate evidencing such coverage should be mailed to Yamaha at the following address Yamaha Motor Corporation, U.S.A. Attn Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Very Truly Yours, Your Prompt attention will be appreciated Equipment Covered 2 ___________~ YDRA GOLF CARS ...- .- . ______~ CITY OF PALM BEACH GARDENS ___ (Name of DebtorlLessee) . _- - - - -__ __ . - - _-__._ - - - . .- A BY - -- Equipment Location (Signature of Authorized Officer) 11401 NORTHLAKE BbVB fi PALM BEACH GARDENS, Fb- 33410 Title I (EXHIBITB I CERTIFICATE OF ACCEPTANCE - _- - -_ _- ___ - - '03488-- __ This certificate is executed pursuant to Equipment Schedule No dated ______ September ~82e!.-- __ - - to the Master Lease Agreement dated (the "Lessor") and CITY OF PALM BEACH GARDENS (the "Lessee") The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TY PElMOD EL NUMBER NE WlUS ED LOCATION 2 Y DRA GOLF CARS See NEW PALM BEACH GARDENS MUNl GOLF Attachment 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDlTlONSlSPEClAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment CITY OF PALM BEACH GARDENS Name. d\ Title --. City of Yield: Mon # 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 a ia Palm Beach Gardens AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: Citv of Palm Beach Gardens EQUIPMENT SCHEDULE # 103488 4.792% Due Date 0912a112 I I 12811 2 i212a112 o112a1i 3 0212a113 10/28/12 0312a113 0512aii 3 0712aii 3 0912aii 3 I 012aii 3 I 112aii 3 I ma11 3 0112ai14 0312a114 0412aii4 0512a114 0712aii 4 oa~a114 0912a114 I 012aii4 I 112ai14 I 212a114 0112aii 5 0212aii 5 0312aii 5 0412aii 5 0512aii 5 o~i12a115 0712aii 5 oai2a115 og~aii 5 I 012aii 5 I I 12811 5 I 212811 5 0112ai16 0212aii 6 0312aii 6 0412aii 6 0512aii 6 0612aii 6 0712aii 6 0412811 3 06/28/13 08/28/13 02/28/14 06/28/14 08/28/16 Payment 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 133 50 IEXHIBITB I Initialed By: Y 31 29 30 50 30 10 29 70 29 30 30 a9 28 a9 28 49 28 08 26 a5 27 67 27 27 26 44 26 03 25 61 25 19 24 78 24 36 23 93 23 51 22 66 22 23 21 36 20 93 20 50 20 06 19 62 23 oa 21 a0 19 la 18 74 18 29 17 a5 17 40 16 95 16 50 16 05 15 59 15 14 14 68 14 22 13 76 Totals: 6,408.00 1 ,I 51.41 IEXHIBITB 1 YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-51 01 800-551-2994 FAX 714-761-7363 August 28,2012 CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Dear Yamaha Customer: Enclosed you will find the documentation for your lease of 2 YT2A Yamaha golf cars. The documents enclosed in the package include the following: Equipment Schedule # 103489 Request for Insurance Certificate of Acceptance :2/,c,c/u it, iyjbt,if ,,.kc/ ~ftt'l +~-~~~~bil Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transact ion. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions, please give us a call at 800-551-2994. Sincerely, Stacey Stankey EXHIBIT r-8 1 EXHIBITB 1 EQUIPMENT SCHEDULE ff 103489 Dated 0912812 0 12 1 This Schedule covers the following property ("Equipment") 2 YT2A GOLF CARS 2 Location of Equipment PALM BEACH GARDENS MUNI GOLF 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 3 The Lease term for the Equipment described herein shall commence on September 28,2012 - . and shall consist of 4 Rental payments on the Equipment shall be in the following amounts, payable on the following schedule 48 MONTHLY PAYMENTS IN THE AMOUNT OF $220.00 (APPLICABLE TAXES TO BE BILLED). STARTING SEPTEMBER 2012 AND ENDING AUGUST 2016. DUE THE 28TH DAY OF THE MONTH AS FOLLOWS: .4s months from the fiist day of the month following said date Sep-12 $220 00 ob-12 $220 00 Nov-12 $220 00 Dec-12 $220 00 Ian-13 $220 00 Feb-13 $220 00 Mar-13 $220 00 Apr-13 $220 00 May-13 $220 00 lun-13 $220 00 IUl-13 $220 00 Sep-13 $220 00 Aug-13 $220 00 06-13 $220 00 NOv-13 $220 00 Dec-13 $220 00 Jan-14 $220 00 Feb-14 $220 00 Mar-14 $220 00 Apr-14 $220 00 May-14 $220.00 lun-14 $220 00 Id-14 $220 00 Sep-14 $220 00 Aug-14 $220 00 06-14 $220 00 NOV-14 $220 00 Dec-14 $220 00 Ian-15 $220 00 Feb-15 $220 00 Mar-15 $220 00 Apr-15 $220 00 May-15 $220 00 Juri-15 $220 00 JuI-15 $220 00 Aug-15 $220 00 Sep-15 $220 00 Oct-15 $220 00 Nov-15 $220 00 Dec-15 $220 00 Jan-16 $220 00 Feb-16 $220 00 Mar-16 $220 00 Apr-16 $220 00 May-16 $220 00 l~n-16 $220 00 IuI-16 $220 00 Aug-16 $220 00 6. Other Tenns: Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement Yaniaha is not obligated to perform or provide any service, under any circumstances under the terms of the lease agreement Service is the responsibility of the Lessee Failure by Lessee to maintain or service the equipment consistent wlth the terms of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease Agreement Signed Counterpans. The palties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart ofthe signature page to this Lease by fax. email or other electronic means shall be as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax. email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor. The Lessee. by making any payment required tinder this Lease ratifies all of the terms of this LeasdAereement. This Equipment Schedule is issued pursuant to the Master Lease dated, . September ~ 29,2012 (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incoiporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: CITY OF PALNl BEACH GARDENS LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. YAMAHA MOTOR CORPORATION, U.SA 1 EXHIBITB- I COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL. Desiree-TalaveraQyamaha-motor com NAME OF INSURANCE AGENT: August 28,2012 Please Reference our Quote# 03489 - __-_ - __ __ - - __ . . -_ . . . . . _. , - _ - .. . ._ .... -. . .... . . ... -_ - .. . ~ ~ ~-~ ~ PHONE: FAX: . ,. .. .- PALM BEACH GARDENS MUNl ----- GOLF (Customer) Account # . - .__ ._. RE The Customer has leased or will be leasing equipment from Yamaha The Customer is required to provide Yamaha with the following insurance coverage "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit Each policy shall provide that (I) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (11) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore A Certificate evidencing such coverage should be mailed to Yamaha at the following address Yamaha Motor Corporation, U.S.A. Attn Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Very Truly Yours, Your Prompt attention will be appreciated Equipment Covered CITY OF PALM BEACH GARDENS - 1 (Name of Debtor/Lessee) 2 YT2A GOLF CARS - - - .- -_ - - -- - __ x BY _. ~ -- --- - - Equipment Location (Signature of Authorized Officer) 11401 NORTHLAKE BbVD Y2 Title PALM BEACH GARDENS, FL 33418 I IEXHIBITB I CERTIFICATE OF ACCEPTANCE - - - 11x489 - . __ . This certificate is executed pursuant to Equipment Schedule No dated __ . SepteEber 28,2012 to the Master Lease Agreement dated (the "Lessor") and (the "Lessee"). CITY OF PALM BEACH GARDENS .* The Lessee herc..,y certifies that the Equipment SE forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below EQUIPMENT SERIAL QUANTITY TY P EIM 0 DEL NUMBER NEWlUSED LOCATION 2 YT2A GOLF CARS See NEW PALM BEACH GARDENS MUNl GOLF Attachment 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDlTlONSlSPEClAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. CITY OF PALM BEACH GARDENS Name .- ;": Title IEXHIBITB I CERTIFICATE OF ACCEPTANCE 103489 ---------I ._. This certificate IS executed pursuant to Equipment Schedule No dated ~- September 28,201 2 to the Master Lease Agreement dated The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below EQUIPMENT SERIAL QUANTITY TY PElMOD EL NUMBER N E W/US E D LOCATION 2 YT2A GOLF CARS NEW PALM BEACH GARDENS MUNl GOLF See Attachment 11401 NORTHLAKE BLVD PALM BEACH GARDENS, FL 33410 ADDITIONAL CONDlTlONSlSPEClAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment CITY OF PALM BEACH GARDENS Name Title IEXHIBITB 1 4 /7 City of Palm Beach Gardens Initialed By: w AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: Citv of Palm Beach Gardens EQUIPMENT SCHEDULE # 103489 Yield: 4.792% Due Man 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 # - Totals: 10,560.00 1,516.88 CITY OF PALM BEACH GARDENS Attest: PfiM BEACH COU", FLORIDA PROCLAMATION WHEREAS, the Sickle Cell Founddim of Palm Beach County is a voluntary health organization thut has been in existence since 1973 and its mission has been to improve the quality of life for persons affected by Sickle Cell Disease/Trait and members of their families; and WHEREAS, the foundation is instrumental in bringing awareness of the disease by distributing information and providing education in our public schools, in health care settings and other community events; and WHEREAS, the fourtdahn assists with the screening and testing of individuals and their families for Sickle Cell Disease; and WHEREAS, the foundation offers counseling about sickle cell disease and sickle cell trait; and provides information about support groups for those patients and families involved to learn about the disease and its impact; and raises monies to support the activities of the local Palm Beach County Chapter. NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Rorkh, do hereby prochim the month of September, 2012 as: "NATIONAL SICKLE CELL MONTH" in the City of Palm Beach Gardens. IN WITNESS UTlER.EOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2oNi day of September in the Year Two Thousand and Twelve. Mayor David Levy Patricia Snider, CMC, City Clerk , CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum t Meeting Date: September 20,2012 Resolution 79,2012 Ordinance 26. 2012 SubjectIAgenda Item: Public Hearing for the adoption of Resolution 79, 2012, setting the final millage rate for Fiscal Year 2012/2013 and Second Reading of Ordinance 26, 2012 adopting the Fiscal Year 2012/2013 Budget [XI Recommendation to APPROVE ] Recommend Reviewed by: Finance Adpilnistrator & Allan Owens Submitted by: DepartmenJBTpctor -_ Allan Owens Approved by: tion to DENY Originating Dept.: Finance Finance Administrator Advertised: Date: September 16, 201 2 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified wequired ~~ costs: $ (To tal) Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved wl Conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 26,2012 0 Resolution 79, 2012 Meeting Date: September 20, 2012 Resolution 79, 2012 Ordinance 26,2012 Page 2 of 2 I BACKGROUND: This is the second of two required public hearings on the proposed budget for Fiscal Year 201 21201 3. The total for all funds is $1 15,109,200. The proposed operating millage rate for Fiscal Year 2012/2013 is 5.7404 mills, and a debt service millage rate of .I790 mills. The proposed operating millage of 5.7404 is I .19% above the roll-back rate of 5.6729. When combined, the total operating and debt service millage rate proposed for Fiscal Year 2012/2013 is 5.9194 mills, and is slightly below the current year combined rate of 5.9225 mills. STAFF RECOMMENDATION: o Staff recommends Council make the following announcement, “The City of Palm Beach Gardens is proposing to adopt a final millage rate of 5.9194 mills, which includes a debt service millage rate of .I790 and an operating millage rate of 5.7404, which is greater than the rolled-back rate of 5.6729 by 1 .I 9%. o Staff recommends a motion to approve Resolution 79, 2012, setting the final millage rate for Fiscal Year 2012/2013 at 5.9194. o Staff recommends a motion to approve Ordinance 26, 2012 on second reading, adopting a budget for Fiscal Year 2012/2013. (Please note: The proposed Fiscal Year 2012/2013 budget has been distributed to Mayor, Council, and staff under separate cover.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 79,2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER I, 2012, AND ENDING SEPTEMBER 30, 2013; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, at a duly advertised public hearing held on September 13, 2012, the City Council of the City of Palm Beach Gardens tentatively adopted a millage rate of 5.9194 per $1,000.00; and WHEREAS, said millage rate includes an operating millage rate of 5.7404 and a debt millage rate of .1790; and WHEREAS, on September 20, 2012, the City Council of the City’of Palm Beach Gardens held a public hearing in accordance with Section 200.065, Florida Sfafufes, to adopt the final millage rate for Fiscal Year 2012/2013; and WHEREAS, the value of real property not exempt from taxation within the City of Palm Beach Gardens, Florida has been certified by the County Propecy Appraiser to the City Council as $7.912 Billion; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. OF PALM BEACH GARDENS, FLORIDA that: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Fiscal Year 2012/2013 millage rate is 5.9144 mills, which includes a debt millage rate of .I790 and an operating millage rate of 5.7404, which is greater than the rolled-back rate of 5.6729 by 1.19%. i SECTION 3. The City Clerk is hereby directed to forward a certified copy of this Resolution to the Palm Beach County Property Appraiser and Tax Collector within three (3) days after its adoption. SECTION 4. This Resolution shall become effective immediately Jpon adoption. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 : Resolution 79, 2012 PASSED AND ADOPTED this day of ,2012. CITY OF PALM BEACH GARDENS, FLORIDA BY: David Levy, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney - VOTE: -- AYE NAY ABSENT --- MAYOR LEVY VICE MAYOR PREMUROSO --- COUNCILMEMBER TINSLEY --- --- COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN --- G:\attorney~share\RESOLUTlONS~Ol2\Resolution 79 201 2 millage adoption FY12-13.docx Page 2 of 2 1 2 3 4 5 6 7\ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 26,2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, at a duly advertised public hearing held on September 13, 2012, the City Council tentatively adopted a budget for Fiscal Year 2012/2013; and WHEREAS, at a duly advertised public hearing held on September 20, 2012, the City Council determined that the tentative budget, as finalized by the City Council, will meet the needs and requirements of the City of Palm Beach Gardens and its residents for Fiscal Year 201 2/2013; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1, The foregoing recitals are hereby affirmed and ratified. SECTION 2. The proposed budget is hereby approved and adopted by the City Council as and for the budget of the City of Palm Beach Gardens for the fiscal year commencing October 1,2012, and ending September 30,2013. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. Page I of 2 Ordinance 26,2012 1 PASSED this day of , 2012, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2012, upon 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 second and final reading. CITY OF PALM BEACH GARDENS - FOR BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Marcie Tinsley, Councilmember Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney AGAINST ABSENT .- 47 G:\attomey-share\ORDINANCES\2012\Ordinance 26 2012 - budget adoption 2012-201 3.docx Page 2 of 2 ~J_; 7;D~ ~: 7;V>. CITY OF PALM BEACH GARDENS · COUNCIL AGENDA September 20, 2012 7:00P.M. Mayor Levy Vice Mayor Premuroso Council Member Tinsley Council Member Russo Council Member Jablin I. PLEDGE OF ALLEGIANCE ll. ROLLCALL ill. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS I PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: Vll. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIll. CONSENT AGENDA: a. b. (Page 3) PURCHASE AWARD FOR CCNA CONTRACT RENEWALS. (Page 85) LEASE OF GOLF CARTS -THIS CONTRACT WILL ALLOW THE CITY TO LEASE GOLF CARTS FOR USE AT THE CITY'S MUNICIPAL GOLF COURSE. THIS NEW CONTRACT IS A PIGGYBACK OF A COMPETITIVELY SOLICITED LEASE WITH YAMAHA CORPORATION AWARDED BY THE CITY OF PENSACOLA, FLORIDA. THE PRICES OFFERED BY YAMAHA ARE LOWER THAN THE CURRENT VENDOR, AND LOWER THAN PRICES OFFERED BY ADVANTAGE GOLF CARS, EZ GO, AND CLUB CAR. THE PRICES ARE FIXED FOR THE 48-MONTHS TERM OF THE LEASE AGREEMENT . c. (Page 140) PROCLAMATION-NATIONAL SICKLE CELL MONTH. IX. PUBLIC HEARINGS:<* DesignatesQuasi-JudidaiBearing) X. XL XII. a. PRESENTATION OF THE FISCAL YEAR 2012/2013 BUDGET . b. (Staff Report on Page 141, Resolution on Page 143) RESOLUTION 79,2012- ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 , 2012, AND ENDING SEPTEMBER 30, 2013; DlRECTlNG THE ClTY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Staff Report on Page 141, Ordinance on Page 145) ORDINANCE 26, 2012- (2 ND READING AND AOOPTION) FISCAL YEAR 2012/2013 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTIONS: ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision nuule by the City Council with respect to any 11Ultter considered at this public hearing, such interested persons will need a record of the proceeJings and may need to ensure that a verbatim record is nuule, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Ad and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City aerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assiUtutce, pkase call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 20, 2012 7:00P.M . Mayor Levy S1lftlr: 7 .' o 1 (f}JD : 7 ~ '12.. Vice Mayor Prem uroso Council Member Tinsley Council Member Russo Council Member Jablin I. / PLEDGE OF ALLEGIANCE II. VROLL CALL III . ./A DDITIONS, DELETIONS, MODIFICATIONS: IV t/.:ANNOUNCEMENTS I PRESENTATIONS: V. v' ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. /c iTY MANAGER REPORT: VII. vt OMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. vt oNSENT AGENDA: 5,.-Q a. b. c . (Page 3) PURCHASE AWARD FOR CCNA CONTRACT RENEWALS. (Page 85) LEASE OF GOLF CARTS-THIS CONTRACT WILL ALLOW THE CITY TO LEASE GOLF CARTS FOR USE AT THE CITY 'S MUNICIPAL GOLF COURSE. THIS NEW CONTRACT IS A PIGGYBACK OF A COMPETITIVELY SOLICITED LEASE WITH YAMAHA CORPORATION AWARDED BY THE CITY OF PENSACOLA , FLORIDA. THE PRICES OFFERED BY YAMAHA ARE LOWER THAN THE CURRENT VENDOR, AND LOWER THAN PRICES OFFERED BY ADVANTAGE GOLF CARS , EZ GO , AND CLUB CAR. THE PRICES ARE FIXED FOR THE 48 -MONTHS TERM OF THE LEASE AGREEMENT . (Page 140) PROCLAMATION-NATIONAL SICKLE CELL MONTH. ------------------·---------------------- IX. PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a. /PRESENTATION OF THE FISCAL YEAR 2012/2013 BUDGET . b. /<staff Report on Page 141, Resolution on Page 143) RESOLUTION 79, 2012- ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY S-0 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 , 2012, AND ENDING SEPTEMBER 30, 2013; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . (Staff Report on Page 141, Ordinance on Page 145) ORDINANCE 26, 2012- (2 Nb READING AND ADOPTION) FISCAL YEAR 2012/2013 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1 , 2012, AND ENDING SEPTEMBER 30, 2013; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: XI. V ITEMS FOR COUNCIL ACTION/DISCUSSION: XII. CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later titan 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by / the City Clerk prior to the presentation to the Council. CoMMENTs FROM THE Pusuc Request to Address City · Council Please Print . Name: J~ ~~~ ~· k . Address: 11 S Htt A-sp ~ ~~~ Pr . I C~: ~tb ~th t~~-d ~~~~~~~~~~~~~~~~ Subject: ~~OJ! -R:Ub/~,:~9, J6f~ .. Members of the public may address the City Council during the "Comments by the Public" ."portion of t~e agenda and during "Public Hearings". This . Request to Address the City Council . must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is ·limited to three (3) minutes. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Sickle Cell Foundation of Palm Beach County is a voluntary health organization that has been in existence since 1973 and its mission has been to improve the quality of life for persons affected by Sickle Cell Disease/Trait and members of their families; and WHEREAS, the foundation is instrumental in bringing awareness of the disease by distributing information and providing education in our public schools, in health care settings and other community events; and WHEREAS, the foundation assists with the screening and testing of individuals and their families for Sickle Cell Disease; and WHEREAS, the foundation offers counseling about sickle cell disease and sickle cell trait; and provides information about support groups for those patients and families involved to learn about the disease and its impact; and raises monies to support the activities of the local Palm Beach County Chapter. Attest: NOW, THEREFORE, I, David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of September, 2012 as: ~~NATIONAL SICKLE CELL MONTH" in the City of Palm Beach Gardens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Garde~ Flo~ to be affixed on this 2(1lh day of September in the Year Two Thousand and Twelve. ~cte::l~ Mayor David Levy Pa~ CMC, City Clerk