R17-004 1 RESOLUTION NO. R17-004
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZE THE CITY MANAGER TO
5 SIGN AN AGREEMENT WITH COMMUNITY CARING
6 CENTER OF GREATER BOYNTON BEACH, INC. FOR
7 LEASING OF SPACE AT THE LIBRARY TO
8 OPERATING A CAFÉ; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
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11 WHEREAS, the City Commission has reviewed the proposal from Sherry Johnson,
12 Executive Director of the Community Caring Center of Greater Boynton Beach, Inc. to lease
13 the space at the Library that was previous called Sailfish Café; and
14 WHEREAS, the City Commission finds the proposal to be in the best interest of the
15 City and the Library patrons.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18 Section 1. The foregoing "WHEREAS" clauses are true and correct and
19 hereby ratified and confirmed by the City Commission
20 Section 2. The City Manager is authorized to sign the proposal from Sherry
21 Johnson, Executive Director of the Community Caring.Center of Greater Boynton Beach, Inc.
22 to lease the space at the Library or to sign another like agreement approved by the City
23 Attorney.
24 Section 4. That this Resolution will become effective immediately upon passage.
25 PASSED AND ADOPTED this d• day of odd ue. , 2017.
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{00164763.1 306-9001821)
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28 CITY OF BOYNTON BEACH, FLORIDA
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30 YES NO
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33 Mayor— Steven B. Grant
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35 Vice Mayor—Mack McCray
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37 Commissioner—Justin Katz :"`
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39 Commissioner—Christina L. Romelus
40 //'
41 Commissioner—Joe Casello
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45 VOTE
46 ATTEST:
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(7trra--l' ia..."51371
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53 Ju ifh A. Pyle, CMC Y
54 0.4 Clerk f :
55 u
56 (Corporate Seal) ' �t " X14
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Vit' fr
(00164763.1 306-90018211
\ — 00 Cit
ONE YEAR LEASE AGREEMENT
CONCESSIONAIRE SERVICES TO OPERATE A CAFÉ AT THE BOYNTON BEACH
LIBRARY
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City", and Community Caring Center of Greater Boynton Beach, Inc. , hereinafter referred to
as "the Concessionaire", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform Concessionaire
services in connection with the CONCESSIONAIRE SERVICES TO OPERATE A CAFE AT THE
BOYNTON BEACH LIBRARY, located at 208 S. Seacrest Blvd, Boynton Beach, Florida.
2. SCOPE OF SERVICES. Concessionaire 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 Concessionaire a portion of the designated
City facility located at the Boynton Beach City Library. Location is at the North East corner, first floor
of the new two story addition. The facility, a concrete structure of approximately 711 square feet, to
include a 97 square feet storage room. The space is designated as the "café", and is owned by the.
City of Boynton Beach, Florida and operated for the selling of food and beverages to library patrons
and the general public.
4. TERM OF LEASE. Work under this contract shall commence upon the giving of written notice by the
City to the Concessionaire to proceed. Concessionaire shall perform all services and provide all work
required pursuant to this concessionaire for one (1) year from the date written notice is given to
proceed, unless an extension of such time is granted in writing by the City.
5. PAYMENT. The Concessionaire shall pay the City a sum of $150 each month for the first
twelve (12) months of the lease agreement. Subsequent monthly payments for renewal periods will
be determined when each renewal option is considered.
a. Said payment shall be made and received by the City on or before the 1st day of each
and every month. A late fee of 15%will be charged if payment is received after the 5th day of the
month. Any monthly payment not received by the 25th day of the month shall be grounds for
termination of the contract.
b. Concessionaire will keep accurate records of all sales and receipts through the use of
electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare
a monthly report to the City and attach copies of daily tapes of each report. The City will have the
right to inspect the books, records and inventories of the Concessionaire at any given time.
Monthly reports shall be due on the first of each month.
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$150.00 made by the Concessionaire at time of award will be returned
to Concessionaire at the end of the lease, 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 Library Director.
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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 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 Concessionaire in connection with the services rendered under this
agreement shall be the property of the City.
7. 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.
8. 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 legal 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.
9. 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.
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 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 the state industrial insurance program, otherwise assuming the duties
of an employer with respect to Concessionaire, or any employee of Concessionaire.
11. 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.
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 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.
13. 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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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 thirty (30) days after delivery of written
notice of such termination and reason (s) for the lease termination.
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.
c. This lease agreement may be terminated immediately for default of monthly 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
Concessionaire 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 Finance Director may renew the contract, at the same terms, conditions, and
prices, for two (2) 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 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 Concessionaire shall be sent to the following address:
Community Caring Center of Greater Boynton Beach, Inc.
d/b/a The Secret Garden Café
410 E Boynton Beach Blvd
Boynton Beach, FL 33435
Attn: Sherry Johnson, Executive Director
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, 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.
19. PUBLIC RECORDS
The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The
contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.071,
Fla. Stat., the contractor shall:
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1. Keep and maintain public records that ordinarily and necessarily would be required by the City in
order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla.
Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from public record
requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all 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. All records stored electronically must be
provided to the City in a format that is compatible with the information technology of the agency.
Failure of the contractor to comply with the provisions set forth in this General,Condition shall
constitute a Default and Breach of the Agreement with the City.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of
which shall be considered an original on the following dates:
�f
DATED this 33 " day of
041.16‘41--- 2017.
CITY OF BOYNTON BEACH
4A,t,AV9-04-A-0--ce ,,g2e- 1
City Manager CO C SSIO AIRE
Attest/Authenticated:
Title ' ' '
�, zr
io&
(Corporate Seal)
Cit lerk ! �. .."w��
Approved as to Form: Attest/Authenticated:
Office of th- - y Attorney Secretary
4I
EXHIBIT A
A. BACKGROUND:
The City will lease the designated portion of the Library building known as the Sailfish Cafe to the
concessionaire for a period of one (1) year, and the option for two (2), one (1) year renewals.
The Café occupies approximately 711 square feet, within a concrete structure at 208 S. Seacrest
Boulevard, Boynton Beach, Florida, which is located at the northeast corner of the Library plus a
97 square foot storage room. The Café has direct access to the Library and to the outside. The
space designated as the Café, is owned by the City of Boynton Beach, Florida, and operated for
the selling of food and beverages for Library patrons and the general public.
B. LIBRARY HOURS OF OPERATION:
Monday through Thursday 9:00 A.M. to 8:30 P.M.
Saturday 9:00 A.M. to 5:00 P.M.
Closed Fridays and Sundays
Café operations are expected to be during Library hours.
CCC Proposal: Monday through Thursday, Saturday 7:00 A.M. to 3:00 P.M.
Closed July 1st thru August 15th
Hours of operation subject to change based on agreement between City and Concessionaire.
C. OBLIGATIONS OF THE LIBRARY:
The Library will provide the following:
• 711 square feet of finished space in the Library
• 97 square feet of storage area
• Electric service
• Hot and cold water service
• Cable Service
• Wi-Fi
• Pest Control
• Fire suppression and alarm system
• Refrigeration Units
• Display Cases
• Tables and Chairs
• Equipment Inventory will be agreed to by City and Concessionaire prior to opening
D. OBLIGATIONS OF CONCESSIONAIRE:
1. The concessionaire will sell food and beverages as allowed by the City Of Boynton Beach at
competitive prices.
2. Concessionaire shall provide all working capital, additional operating equipment, and inventory
necessary to effectively manage the café.
3. Sample/Layout to be submitted with proposal, to include all furnishings.
4. Concessionaire may offer non-consumables for sale. Non-consumables may include, but are not
limited to coffee mugs, hats or tee shirts; however, the City Of Boynton Beach reserves the right
to have the final approval of such items. No alcohol or tobacco products shall be offered for sale.
5. City shall not be responsible for any goods or equipment stored at the café or storage room nor
will it be responsible for damage resulting from a .power failure, flood, fire, theft, vandalism,
explosion and/or other causes.
6. The city reserves the right to inspect premises at any time.
7. The concessionaire shall 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
monthly report and mail to: Craig Clark, Library Director, 208 S. Seacrest Blvd., Boynton Beach,
Florida, and attach copies of the daily tapes of each report. Report will be due the 1st of each
month along with the lease payment. The City shall have the right to inspect the books, records
and inventories of the operator at any given time.
8. The concessionaire to provide:
Menu Boards
All licenses for the operation of the Café concession.
Any additional professional equipment desired, including installation.
Approved signage (approval by Library Director and City)
Any outside seating requested will need to be in accordance with City Codes.
Marketing materials for Cafe
All Café supplies
E. FOOD PRODUCTS:
1.. The Concessionaire will be responsible for the purchase, inventory and security of all food
products offered for sale in the café.
2. The Concessionaire shall arrange for the delivery of supplies used at the Café site, and in a
manner so that such deliveries do not create congestion or undue interference with regular
operation and maintenance of the site.
3. Items sold by the Concessionaire are restricted by the City of Boynton Beach.
Deep fat frying and flame grilling is not permitted.
4. City shall determine the final approval on what menu items are used. Approval will not be
unreasonably withheld.
5. Expiration dates shall be clearly visible on all perishable food products.
F. MAINTENANCE:
1. Concessionaire is responsible for keeping the Café area and seating areas neat and clean.
Window glass in the Café interior must be kept clean; in particular the glass doors are to be
cleaned daily. Counters, display cases, tables and chairs are to be cleaned daily.
Concessionaire to mop café floors daily.
2. Concessionaire is responsible for the repair and maintenance of all equipment in the Café.
3. Concessionaire will ensure that interior trash receptacles, bussing stations, do not become messy
or overfilled during business hours. Concessionaire will empty trash nightly in the designated
dumpster and recycling bins. Disposal costs will be absorbed by the City.
4. Concessionaire is responsible for complying with all Fire Codes and all City Ordinances, recycling
rules, regulations, and laws and rules of Federal, State, City, and County Agencies.
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G. CAFE PERSONNEL:
1. The concessionaire will provide, supervise, and compensate all café employees. The staff will
be employees of the operator, not the City. The operator shall at all times be an independent
contractor and the agreement shall not in any way create or form a partnership or joint venture
with the City. No agent, servant, or employee of the operator shall under any circumstances be
deemed an agent, servant, or employee of the City. Appropriate staff of operator shall be
responsible for possessing food handling license(s) as required by the Florida State Health
Department.
2. Consumption of alcoholic beverages, smoking, and use of tobacco products is
prohibited inside the Library.
3. Concessionaire personnel shall, at all times, present a neat and professional appearance.
4. All employees must wear a badge to identify the company they are representing and their name.
If a security badge is not issued by the operator, our Police Department will issue one for a
nominal fee.
5. Concessionaire shall provide a list of employees to the City and provide proof that the employer
has done a background check with the State of Florida Department of Law Enforcement and the
results of the background check for each employee who will be working at the café. City shall
retain the right to prohibit an employee from working at the café based on the results of the
background check.
6. Concessionaire shall employ only competent personnel to perform café services. In the event
that the City, at its sole discretion, at any term of this lease agreement, desires the removal of
any person or persons employed by the operator to perform café services pursuant to this lease
agreement, concessionaire shall remove any such person immediately upon receiving notice
from the City of the desire of the City for the removal of such person or persons.
7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the
products used in the performance of the contract on the premises. The MSDS's shall be
accessible to the concessionaire's employees and to City employees for the purpose of
reference with regard to toxic and hazardous properties, precautions on what to take and what to
do in case of emergency. Concessionaire shall follow all Library Building policies pertaining to
emergencies and non-emergency drills.
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EQUIPMENT SCHEDULE - CAFÉ
Item No. Qty Equipment Model/Serial Number Asset Tag# Asset# Supplied By
1 1 Display Case, Refrigerated MSR 49G-2 7924 12728 City
2 1 Display Case, Refrigerated MSR 49G-2 7925 12729 City
3 1 Cabinet with Sinks Custom 7926 12730 City
4 1 Grease Trap GT-14 City
5 1 Refrigerator,Undercounter TUR-48SD 7927 12731 City
6 1 Freezer, Undercounter TUF-48SD 7928 12732 City
7 1 Display Case, Self-Serve HUDLR3852 7929 12733 City
8 1 Display Case, Self-Serve HURLR3852 7930 12734 City
9 1 Ice Maker C0330MA-1B 7931 12735 City
10 1 Napkin Disp-Wall Mount City
11 1 Pepsi Beverage Dispenser City
_ I-J-7/ //3/// 7-
CITY OF BOYNTON BEACH DATE
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COM TY ti• RING CENTER DATE