R16-133 1 RESOLUTION NO. R16 -133
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE AWARD OF "RFP FOR A SNACK
5 BAR CONCESSIONAIRE FOR THE BOYNTON BEACH
6 OCEANFRONT PARK ", RFP NO. 056- 2710- 16 /JMA AND
7 AUTHORIZE THE CITY MANAGER TO SIGN A TWO YEAR
8 LEASE AGREEMENT WITH ULTIMATE BAKERY AND
9 PASTRY, INC; AND PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, on July 14, 2016, Procurement Services received and opened two
12 proposals in response to RFP No. 056- 2710- 16 /JMA "RFP for a Snack Bar Concessionaire
13 for the Boynton Beach Oceanfront Park "; and
14 WHEREAS, both proposals were from Concessionaires currently providing services
15 to the City; and
16 WHEREAS, the evaluation committee determined that Ultimate Bakery and Pastry,
17 Inc., was the number one proposer based on the summary scores and is recommending
18 Ultimate Bakery and Pastry to be the proposer having the most responsive, responsible
19 proposal; and
20 WHEREAS, upon recommendation of staff, the City Commission does hereby
21 approve the Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate
22 the Beach Concession at Oceanfront Park for a period of two years and authorizes the City
23 Manager to sign the two year Lease Agreement between the City of Boynton Beach and
24 Ultimate Bakery and Pastry, Inc.
25 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a part of this Resolution.
{00073490.1 306-9001821 } 1
29 Section 2. The City Commission does hereby approve the award and Two -Year
30 Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate the Beach Concession at
31 Oceanfront Park and authorizes the City Manager to sign the two year Lease - Agreement
32 between the City of Boynton Beach and Ultimate Bakery and Pastry, Inc., a copy of which
33 is attached hereto as Exhibit "A ".
34 Section 3. This Resolution shall be effective immediately upon passage.
4 -4 35 PASSED AND ADOPTED this l ' day of K , 2016.
36
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40 V-
41 Mayor — Steven B. Grant
42 /
43 Vice Mayor — Mack McCray
44 ,
45 Commissioner — Justin Katz
46 /
47 Commissioner — Christina L. Romelus
48 / /
49 Commissioner — Joe Casello
50
51
52 VOTE 5:0
53
54 ATTEST:
55
56 /7 1 .
57 L, ^.
58 Juditli /A. Pyle, CMe
59 City
60
61
62 - 4,
63 (Corporate Seal) �' :aN
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65 F.' I '' 4 \, I/
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(00073490.1306- 9001821} 2
CONCESSIONAIRE SERVICES TO OPERATE A SNACK BAR AT THE
BOYNTON BEACH OCEANFRONT PARK
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City ", and ULTIMATE BAKERY & PASTRY, hereinafter referred to as "the Operator ", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services
in connection with the REQUEST FOR PROPOSAL FOR SNACK BAR CONCESSIONAIRE
SERVICES AT BOYNTON BEACH OCEANFRONT PARK, located at 6415 N. Ocean Blvd., Ocean
Ridge, FL.
2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "A" attached
hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City
facility located at Oceanfront Park. The space is designated as the "Snack Bar ", and is owned by the
City of Boynton Beach, Florida and operated for the selling of food and beverages to beach patrons
and the general public.
4. TERM OF LEASE AGREEMENT: The lease agreement shall be for a period of two (2) years,
November 1, 2016 through October 31, 2018, with an option to renew for three (3) additional one -
year periods at the sole discretion of the City.
5. PAYMENT. The Concessionaire shall pay the City an annual sum of $6,600.00 for year one; and an
annual sum of $7,200.00 for year two.
a. Said payment shall be made and received by the City on or before the 1 day of each and every
month. A late fee of 15% will be charged if payment is received after the 5 day of the month.
Any monthly payment not received by the 2r day of the month shall be grounds for termination
of the contract.
b. Operator will keep accurate records of all sales and receipts through the use of electronic cash
registers, which provide daily tapes and reports. The Operator will prepare a quarterly report to
the City. The City will have the right to inspect the books, records and inventories of the Operator
at any given time. Quarterly reports shall be due every three months effective October 1, 2016.
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 $2,000.00 made by the Operator at time of award will be returned to Operator
at the end of the lease, without interest, after determination that the Operator has fulfilled all
terms of the lease and left the premises in adequate condition, as determined by the Recreation
Superintendent.
e. The Operator'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 the final
payments. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Operator in connection with the services rendered under this agreement
shall be the property of the City.
CITY OF BOYNTON BEACH
RFP No.: 056 - 2710- 16 /JMA 1
7. COMPLIANCE WITH LAWS. Operator 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.
8. INDEMNIFICATION. Operator 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 legal fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Operator's own employees, or damage to property occasioned by a negligent
act, omission or failure of the Operator.
9. INSURANCE. The Operator 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.
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 ten (10) days of notice of award and every year thereafter upon renewal for the duration
of the contract.
10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator 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 Operator nor any employee of Operator 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 the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Operator, or any employee of Operator.
11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Operator, 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 Operator, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
12. Discrimination prohibited. The operator, 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.
13. ASSIGNMENT. The Operator 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.
CITY OF BOYNTON BEACH
RFP No.: 056 - 2710- 16 /JMA 2
14. TERMINATION.
a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written
notice of such termination.
b. In the event of the death of a member, partner or officer of the Operator, or any of its supervisory
personnel assigned to the project, the surviving members of the Operator 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
Operator and the City, if the City so chooses.
c. This lease agreement may be terminated immediately for default of payment as stated in item #
5 -A of this contract.
d. This lease agreement may, at the option of the City, be terminated immediately if the Operator
shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be
convicted of a crime or any other similar gross misconduct.
15. RENEWAL. The City Commission may renew the contract, at the same terms, conditions, and
prices, for three (3) additional one (1) year periods subject to vendor acceptance, satisfactory
performance and determination that renewal will be in the best interest of the City.
16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Palm Beach County, Florida. Further, this agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida, 33435
Attn: Lori LaVerriere, City Manager
Notices to Operator shall be sent to the following address:
Ultimate Bakery & Pastry
3570 South Ocean Blvd. #407
South Palm Beach, FL 33480
Attn: Peter Torocsik @gmail.com
18. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt
from public records disclosure until thirty (30) days after the opening of the Bid unless the City
announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with
Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by
law;
CITY OF BOYNTON BEACH
RFP No.: 056 - 2710- 16 /JMA 3
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, Contractor shall destroy all copies of such
confidential and exempt records remaining in its possession once the Contractor transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all
public records in Contractor's possession All records stored electronically by Contractor must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
(CITY CLERK)
100 E BOYNTON BEACH BLVD. BOYNTON
BEACH, FLORIDA, 33435
561- 742 -6061
PYLEJ @BBFL.US
19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the
entire and integrated agreement between the City and the Vendor 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 Vendor.
DATED this �2 day of �� � 1 2016
CITY OF BOYNTON BEACH
�
V
Lori LaVerr' re, City Manager
ULTIMATE BAKERY & PASTRY, INC.
►FTiT
Title
Peter Torocsik
(Corporate Seal)
CITY OF BOYNTON BEACH
RFP No.: 056 - 2710- 16 /JMA
Attest/Authenticated:
Secretary „
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