R11-070
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1 RESOLUTION NO. Rll- (yl 0
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE BOYNTON BEACH, FLORIDA, APPROVING
5 THE AWARD OF RFP #OS3-1410-11/CJD TO THE
6 F AMIL Y VENDING CO., INC., PROVIDING FOR A
7 FIVE YEAR AGREEMENT FOR SNACK AND COLD
8 DRINK VENDING MACHINES; AUTHORIZING
9 THE INTERIM CITY MANAGER TO EXECUTE AN
10 ~GREEMENT BETWEEN THE PARTIES; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the existing agreement for beverage and snack machines at various
14 City locations with Coca-Cola Beverage and Steve's Vending expired on June 30, 2011;
15 and
,
16 WHEREAS, on June 7, 2011, Procurement received and opened three (3)
17 proposals in response to the RFP #053-1410-11/CJD
18 WHEREAS, after review and evaluation it has been determined appropriate by
19 staff to recommend award of this agreement to The Family Vending Co., Inc., of Coral
,
20 Springs, Florida whose proposal was overall responsive and responsible proposer; and
21 WHEREAS, upon recommendation of staff, the City Commission of the City of
22 Boynton Beach does hereby approve the award ofRFP #053-1410-111CJD to The Family
23 Vending Co., Il!c., of Coral Springs, Florida.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon
28 adoption hereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida,
S:\CA\RESO\Agreements\Reso - Award of RFP - Family -Vending Machines.doc
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1 hereby approves the award of RFP #053-1410-11/CJD to The Family Vending Co., Inc.,
21 of Coral; Springs, for a Five Year Agreement for Snack and Cold Drink Vending Machine
3 Services.
4 Section 3. That the Interim City Manager is hereby directed to execute an
5 Agreement between the City of Boynton Beach and The Family Vending Co., Inc., of
6 Coral Springs, Florida, a copy of which is attached hereto.
7 Section 4. That this Resolution shall become effective immediately.
8 PASSED AND ADOPTED this 5++1 day of July 2011.
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25 Commissioner - Marlene Ross
26 ATTEST:
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S:\CA\RESO\Agreements\Reso . Award of RFP - Family -Vending Machines.doc
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AGREEMENT BETWEEN THE FAMILY VENDING CO., INC.
AND THE CITY OF BOYNTON BEACH, FLORIDA
REQUEST FOR PROPSOSAL #053-1410-11/CJD
THIS AGREEMENT between The Family Vending Co., Inc., (Vendor) and the
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CITY OF BOYNTON BEACH, FLORIDA (City) is made thisd '1 day Of~'
2011.
WIT N E SSE T H:
WHEREAS, Vendor and the City wish to enter into an agreement to incorporate the
terms and conditions of RFP #053-141O-111CJD regarding the provision of Vending Machine
Service specified in such RFP, including but not limited to cold food, snacks, and beverages.
NOW, THEREFORE, for the mutual promises, covenants, and agreements contained
herein, the parties covenant and agree as follows:
1. That the recitations set forth above are incorporated as if fully set forth herein.
2. The term of this Agreement shall commence on or aboutllytc.tll ' 20 II and
extend until 3~IJ 3// 2.ot (p ,2016. This Agreement may be renewed
for three (3) additional terms at (1) year intervals (not to exceed (3) years) by the City, in
its sole discretion.
3. Vendor shall provide the full service Cold Food/Snacks/Beverages vending
placements as specified by RFP #053-141O-llICJD, attached hereto and incorporated
herein. Vendor shall provide 24 hour, 7 days a week priority service for all mechanical
problems with its equipment. Response time shall be within 24 hours of the service call.
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4. Vendor shall provide the brand names of the Product as set forth in RFP #053-
1410-111CJD. The Cold Food/Snacks/Beverages vending machines shall be filled by a
full service driver employed by Vendor.
5. Vendor shall reimburse the City the amounts, as provided in RFP #053-1410-
111CJD from the sales it incurs from the Cold Food/Snacks/Beverages vending machines.
6. Vendor shall provide on an annual basis throughout the 5 year term, and any
renewal periods, of this Agreement all of the items that were set forth in RFP #053-1410-
111CJD.
7. This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm
Beach County, Florida.
8. All notices, requests, demands, and other given if personally delivered or mailed,
certified mail, return receipt requested, to the following addresses to:
As to City: City of Boynton Beach
Finance Department
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
As to Vendor: The Family Vending Co., Inc.
3651 NW 120th Avenue
Coral Springs, FL 33065
A TTN: John F. Brewster
9. Vendor shall not, without prior written consent of the City, assign any portion of
its interest under this contract and, specifically, Vendor shall not assign any moneys due
or to become due without the prior written consent of the City.
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10. The City and Vendor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto in respect to all covenants, agreements and
obligations contained in the contract documents.
11. Vendor, for good and valuable consideration shall indemnify, defend and save
harmless the City, its officer's agents, and employees, from or on account of any claims,
damages, received or sustained by any person or persons resulting from the work
provided pursuant to this Agreement; or by or in consequence of any negligence in
connection with the same; or by use of any improper materials or by or on account of any
use of any improper materials or by or on account of any act or omission of Vendor or its
subcontractors, agents, servants or employees. Vendor agrees to defend, indemnify and
save harmless the City its officers, agents and employees, against any liability arising
from or based upon the violation of any federal, state, county or city laws, by-laws,
ordinances or regulations by Vendor, its subcontractors, agents, servants or employees.
Vendor further agrees to defend, indemnify and save harmless the City, its
officers, agents, or employees from all such claims, fees, and from any and all suits and
actions of every name and description that may be brought against the City or its officers,
agents or employees on account of any claims, fees, royalties, or costs for any invention
or patent, and from any and all suits and actions that may be brought against the City, its
officers, agents, or employees for the infringement of any and all patents or patent rights
claimed by any person, firm or corporation.
The indemnification provided above shall obligate Vendor to defend at its own
expense or to provide for such defense, at the City's option, any and all claims or liability
and all suits and actions of every name and description that may be brought against the
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City, its officers, agents, or employees which may result from the operations and
activities under this agreement whether the work be performed by Vendor, its
subcontractor or by anyone directly or indirectly employed by either. This
indemnification includes all costs and fees including attorney's fees and costs at trial and
appellate levels.
12. This Agreement shall be considered null and void unless signed by both Vendor
and the City. This Agreement may be executed in counterparts.
13. The contract documents, including RFP #053-141 0-ll1CJD, constitute the entire
agreement between the City and Vendor and may only be altered, amended or repealed
by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the
day and year first above written.
ATTEST:
Y OF BOYNTON BEACH
Approved as to legal sufficiency
and form:
CITY AnORNIEY
By:
City Attorney
NDING CO., INC.
~hY1 BY"ews.+~\
(Print or Type Name)
WITNESSES: (SEAL)
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R.. i1J tto M. A-Il II N
(Print or Type Name)
ST A TE OF FLORIDA
COUNTY OF f3I!.OWAR d.
The foregoing instrument was acknowledged before me this to TIt day of fu /1 '
2011, by BARRY FRANKEL, as President of The Family Vending Co., Inc., a Florida
corporation, 9n behalf of the corporation. He/She is 2ersonallv known to me or has produced
Nj A (type of identification) as identification.
:~~~~:k~_ ARTURO MARTIN I
~~;&:*E MY COMrv1iSSION # 00803977
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"";0,. .,.." EXPIRES J'JIY 07, 2012
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: August 2, 2011
SUBJECT: Rll-070 Agreement between the Family Vending Company Inc.
and the City of Boynton Beach
Attached for your information and file is an executed copy of the agreement mentioned
above. Since the document has been fully executed, I have retained the original for
Central File.
Please contact me if there are any questions. Thank you.
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Attachment
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\201 I\Tim Howard RI 1-070 Agreement between The Family
Vending Executed.doc
America 's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 6, 2011
SUBJECT: R11-070 Agreement between the Family Vending Company Inc.
and the City of Boynton Beach
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original to
the City Clerk’s Office for further processing.
Please contact me if there are any questions. Thank you.
________________________________
Attachments (2)
(1 Agreement & Resolution)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2011\Tim Howard R11-070 Agreement between The FAmil
Vending Co inc. & City.doc
America’s Gateway to the Gulfstream