R15-161 1 RESOLUTION NO. R15 -161
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3 '' A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE AWARD OF RFP FOR "THREE
5 i YEAR LEASE AGREEMENT FOR THE BEACH EQUIPMENT
6! CONCESSION AT OCEANFRONT PARK" AND AUTHORIZE
7' THE CITY MANAGER TO SIGN A LEASE AGREEMENT WITH
8 OCEANSIDE BEACH SERVICE, INC., OF NORTH PALM
9 BEACH, FL; A N D PROVIDING FOR AN EFFECTIVE DATE.
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11 WHEREAS, on November 16, 2015, Procurement Services received and opened
12 two proposals in response to RFP No. 007 - 2730- 16 /JMA "Three Year Lease Agreement for
13 the Beach Equipment Concession for Oceanfront Park "; and
14 WHEREAS, an evaluation committee determined that Oceanside Beach Service,
15 Inc., the City's current Beach Equipment Concessionaire was determined to be the proposer
16 having the most responsive, responsible proposal; and
17. WHEREAS, upon recommendation of staff, the City Commission does hereby
18 approve the Three -Year Lease Agreement with Oceanside Beach Service, Inc., to operate
19 ' the Beach Equipment Concession at Oceanfront Park for a period of three years with three
20 additional one year renewals and authorizes the City Manager to sign the three year Lease
21 Agreement between the City of Boynton Beach and Oceanside Beach Service, Inc.
22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
24 ' Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a part of this Resolution.
26 ; Section 2. The City Commission does hereby approve the Three -Year Lease
27 i Agreement with Oceanside Beach Service, Inc., to operate the Beach Equipment Concession
28 ! at Oceanfront Park for a period of three years with three additional one year renewals and
{00073490.1 306 - 9001821} 1
29 authorizes the City Manager to sign the three year Lease Agreement between the City of
30 Boynton Beach and Oceanside Beach Service, Inc., a copy of which is attached hereto as
31 Exhibit "A ".
32 Section 3. , This Resolution shall be effective immediately upon passage.
33 a PASSED AND ADOPTED this 15 day of December, 2015.
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36 CITY OF BOYNTON BEACH, FLORIDA
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38 YES NO
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40 Mayor — Jerry Taylor ✓
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421 Vice Mayor — Joe Casello ✓�
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44 r Commissioner — David T. Merker ✓
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46 Commissioner — Mack McCray ✓
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48 Commissioner — Michael M. Fitzpatrick
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50
51 VOTE 4 -0
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53
54 ATTEST:
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56;
57 ' 1111111! 1. - — # — •
—
58 J. t M. Prainito, MMC
59 . ty Clerk
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61
62 ± (Corporate Seal)
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64
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{00073490.1 306 - 9001821 1 2
CONCESSIONAIRE AGREEMENT
FOR
"THREE YEAR LEASE FOR BEACH EQUIPMENT RENTAL CONCESSION AT
OCEANFRONT PARK $
6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FL 33435
WHEREAS, at its meeting of December 15, 2015 by Resolution No R15 -161, the CITY
Commission authorized the proper CITY officials to execute this Agreement, hereinafter referred
to as "the Agreement" entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and Oceanside Beach Service, Inc. hereinafter referred to as "the
Concessionaire ", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified on
Exhibit "A" attached hereto and incorporated herein by reference, including the provision of
all labor, materials, equipment and supplies. No modifications will be made to the original
scope of work without the written approval of the Recreation and Parks Director or designee.
2. TIME FOR PERFORMANCE. Work under this agreement shall commence immediately.
Concessionaire shall perform all services and provide all work product required pursuant to
this agreement by December 16, 2015.
3. TERM: This Agreement shall be for a period of three (3) years commencing on December
16, 2015. This Agreement may be renewed for three additional one -year periods for the
proposed monthly lease payment submitted by proposal dated November 16, 2015 and by
mutual consent of City and Concessionaire.
4. PAYMENT. The Concessionaire shall pay the City a sum of 3,000.00 each month for the
first thirty six months of the lease agreement. Subsequent payments each month shall be
based on Exhibit `B' attached hereto, a lease payment schedule based on proposal from
Concessionaire dated November 16, 2015.
a. Said payment shall be made and received by the City on or before the 1 St day of each and
every month. A late fee of 15% will be charged for payments received after the 5 th day of
each month. Any monthly payment not received by the 25 day of each month shall be
subject to a 15% late fee and shall be grounds for termination of contract.
b. Concessionaire will keep accurate records of all sales and receipts. The Concessionaire
will prepare a monthly report to the City and attach copies of the daily tapes of each report.
The City will have the right to inspect the books, records and inventories of the
Concessionaire at any reasonable time. Monthly reports shall be due on the 1St day of each
month to the Recreation and Parks Director.
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Concessionaire at any reasonable time. Monthly reports shall be due on the 1" day of each
month to the Recreation and Parks Director.
c. Final payment of any balance due the City of the total contract price will be made
promptly upon its ascertainment and verification by the City after the completion of
concession services under this agreement and its acceptance by the City.
d. Security deposit of $1,000.00 made by Concessionaire at time of award will be returned
to Concessionaire at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms of the lease and left the premises in adequate
condition, as determined by the Recreation and Parks Director.
e. The Concessionaire's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Concessionaire in connection with the services rendered
under this Agreement shall be the property of the City whether the project for which they are
made is executed or not. The Concessionaire shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Concessionaire's endeavors.
6. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorney fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Concessionaire's own employees,
or damage to property occasioned by a negligent act, omission or failure of the
Concessionaire.
8. INSURANCE. The Concessionaire shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage
of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
per occurrence /aggregate for property damage, and professional liability insurance in the
amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition
to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the
Concessionaire is an independent contractor with respect to the services provided pursuant
to this agreement. Nothing in this agreement shall be considered to create the relationship
of employer and employee between the parties hereto. Neither Concessionaire nor any
employee of Concessionaire shall be entitled to any benefits accorded City employees by
virtue of the services provided under this agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for contributing to
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the state industrial insurance program, otherwise assuming the duties of an employer with
respect to Concessionaire, or any employee of Concessionaire.
10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Concessionaire, to solicit or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the Concessionaire, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this contract.
11. DISCRIMINATION PROHIBITED. The Concessionaire, with regard to the work performed
by it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
13. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Concessionaire.
b. In the event of the death of a member, partner or officer of the Concessionaire, or any of
its supervisory personnel assigned to the project, the surviving members of the
Concessionaire hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Concessionaire and the City, if the City so
chooses.
15. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
16. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services
contemplated by this service Agreement, faithfully observe and comply with all federal, state
and local laws, ordinances and regulations that are applicable to the services to be rendered
under this Agreement.
17. DISCRIMINATION PROHIBITED. The CONCESSIONAIRE, with regard to the work
performed by it under this Agreement, will not discriminate on the grounds of race, color,
national origin, religion, creed, age, sex or the presence of any physical or sensory handicap
in the selection and retention of employees or procurement of materials or supplies.
18. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the CITY.
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19. NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Mgr.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Notices to Concessionaire shall be sent to the following address:
Oceanside Beach Service, Inc.
P.O. Box 13018
North Palm Beach, FL 33408
20. INTEGRATED AGREEMENT
This Agreement, together with the RFP and any addenda and/or attachments, represents
the entire and integrated agreement between the CITY and the CONCESSIONAIRE and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both CITY and
CONCESSIONAIRE.
21. PUBLIC RECORDS AND CONTRACTS FOR SERVICES PERFORMED ON BEHALF OF
A PUBLIC AGENCY:
Contractor shall comply with the State of Florida Public Records Law, Florida Statutes (FS)
§ 119.0701, specifically to:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service;
b. Provide the public with access to such records on the same terms and conditions
that the public agency would provide the records and at a cost that does not
exceed the cost provided in Chapter 119 F.S., or as otherwise provided by law;
c. Ensure that public records that are exempt or confidential, and exempt from
public records disclosure requirements are not disclosed except as authorized by
law; and
d. Meet all requirements for retaining public records and transfer, at no cost to the
public agency, all public records in possession of the Contractor upon
termination of the Contract, and destroy all duplicate public records in
possession of the Contractor upon termination of the Contract, and destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be
provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
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If the Contractor does not comply with a public records request, the public agency shall
enforce provisions in accordance with Termination for Default as per the Contract
Agreement.
DATED this day of ten'
4
CITY OF BOYNTON BEACH
Lori LaVerriere, City Manager
Attest /Authenticated:
CONCESSIONAIRE
(Corporate Seal)
E dith A. Pyle, ` CM
nterim City C erk
Approved as to Form:
James herof; °City
Attest /Authenticated:
Secretary
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EXHIBIT "A