R22-062 1 RESOLUTION NO. R22-062
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD AND AUTHORIZING THE INTERIM CITY
6 MANAGER TO SIGN A HURRICANE COMMISSARY CONTRACT
7 BETWEEN THE CITY OF BOYNTON BEACH AND CATERING
8 SOLUTIONS LLC TO PROVIDE FOOD FOR CITY EMPLOYEES IN
9 THE EVENT OF A HURRICANE IN AN AMOUNT NOT TO EXCEED
10 $50,000.00; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the City sent out an RFQ (Request for Quote) via Bids and Tenders to
14 establish pricing for the Hurricane Commissary which did not receive any responses; and
15 WHEREAS, the contract signed last year with Catering Solutions does allow for an
16 extension/renewal for this year as long as both parties agree on the terms; and
17 WHEREAS, it is recommended to renew the contract with Catering Solutions with
18 updated pricing; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be
20 in the best interests of the citizens and residents of the City of Boynton to approve the award and
21 authorize the Interim City Manager to sign a Hurricane Commissary Contract between The City
22 of Boynton Beach and Catering Solutions LLC to provide food for city employees in the event
23 of a hurricane in an amount not to exceed$50,000.00.
24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
25 CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission hereby approves the award and authorizes the
30 Interim City Manager to sign a Hurricane Commissary Contract between The City of Boynton
S:\CA\RESO\Agreements\Hurricane Commissary Contract With Catering Solutions(2022)-Reso.Docx
31 Beach and Catering Solutions LLC to provide food for city employees in the event of a hurricane
32 in an amount not to exceed $50,000.00. A copy of the contract is attached hereto and
33 incorporated herein as Exhibit"A."
34 Section 3. This Resolution shall become effective immediately upon passage.
35
36 PASSED AND ADOPTED this 3rd day of May, 2022.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Ty Penserga ✓
42
43 Vice Mayor—Angela Cruz ✓
44
45 Commissioner—Woodrow L. Hay ✓
46
47 Commissioner—Thomas Turkin ✓
48
49 Commissioner—Aimee Kelley
50
51
52 VOTE
53 ATTEST:
54
55
56
57 AV
58 C stal Gibson, MMC
59 City Clerk
60
61
62 (Corporate Seal)
63
64
S:\CA\RESO\Agreements\Hurricane Commissary Contract With Catering Solutions(2022)-Reso.Docx
R22-062
FOOD CATERING SERVICES AGREEMENT
THIS FOOD CATERING SERVICES AGREEMENT("Agreement"),made and entered
into this day of May , 2022,by and between:
CITY OF BOYNTON BEACH, a Florida municipal corporation
of Florida, having the principal address of 100 East Ocean Ave,
Boynton Beach, Florida 33435 ("City"),
and
CATERING SOLUTIONS LLC, having the principal business
and corporate address of, 1714 S. Dixie Hwy, Lake Worth, FL.
33414. ("Vendor"). The Vendor and City may be collectively
referred to herein as the "Parties".
WITNESSETH:
WHEREAS, the City desires to enter into this Agreement with Vendor in order to insure
that City employees are provided with meals in the event a hurricane impacts the City of
Boynton Beach; and
WHEREAS, the City has determined that it can best provide services to its citizens and
residents following a hurricane if it can insure its employees that they can receive meals on a
daily basis; and
WHEREAS, the Vendor desires to provide meals to the City employees pursuant to the
terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
expressed, and of the faithful performance of all such covenants and agreements, the Parties
agree as follows:
1.0 Catering Services. The Vendor agrees to provide food catering services to City
employees, subject to the terms and conditions of this Agreement, following a hurricane
that impacts the City.
2.0 Term. The Term of this Agreement shall be from May 1, 2022 until December
31, 2022. The term of Agreement may be extended by written amendment or agreement
signed by both Parties.
3.0 Vendor's Obligations and Responsibilities.
3.1 Vendor shall provide the following services:
3.1.1 Vendor shall provide meals to City employees pursuant to the
schedule and pricing contained in Exhibit "A", which is attached hereto
100439733.1 306-90018211
and incorporated herein by reference.
3.1.2 Employees coming off the night shift will be able to eat lunch
during the breakfast sitting.
3.1.3 Vendor shall provide the City with telephone numbers for the
Vendor's representatives so that the City may communicate with the
Vendor prior to, during, and after the hurricane.
3.1.4 Vendor shall take all necessary steps to insure that a sufficient
quantity of meals are promptly made available to the City employees once
Vendor receives a request from the Cityprovide the meals to pursuant to
this Agreement.
3.1.5 Vendor must provide sufficient food to serve once it receives the
request from the City.
4.0 City's Obligations and Responsibilities.
4.1 City of Boynton Beach shall have the following responsibilities and
obligations pursuant to this Agreement:
4.1.1 To contact the vendor once a hurricane warning is issued, and the
City determines that the food catering services will be necessary.
4.1.2 Once an "all clear" is issued, it will be the responsibility of the
City to set up the tables and chairs in the area where the food
catering services will be provided.
4.1.3 To notify the vendor the number of meals that will be needed for
the first day. The City will continue to update the vendor on the
quantity of meals needed each day.
4.1.4 Pay the Vendor based on the number of meals ordered by the City.
4.1.5 Provide the Vendor with the telephone numbers for the City's
representatives and any alternate representatives.
4.1.6 Assign City employees to the designated location to provide
assistance for set-up and clean up of the area where the food
services will be provided.
4.1.7 If there is not power, the City will provide a backup 5550
generator.
;00439733.1 306-90018211 2
5.0. Indemnification. Vendor agrees to conduct its activities and the activities of its
agents, employees, and subcontractors, so as not to endanger any person, and to
indemnify and hold harmless the City, its officers, agents and employees from and
against all claims, suits, actions, damages, liabilities, expenditures or causes of action of
any kind arising out of or in any way connected to the activity or inactivity of Vendor, its
agents, employees, or subcontractors, and resulting or occurring from any negligent act,
omission or error of Vendor, its agents, employees, or subcontractors, resulting in or
relating to injuries to body, life, limb or property sustained as a result of activities
associated with this Agreement, or arising out of the use of said premises by Vendor, its
agents, employees, or subcontractors. City shall not be responsible for any property
damage or bodily injury sustained by Vendor, its employees, agents, or subcontractors for
any cause whatsoever, prior, during, or subsequent to the period of time during which this
Agreement is in effect.
6.0. Insurance. Please see Exhibit "B", attached hereto and by this reference made a
part hereof.
7.0. Compliance with Laws. Vendor shall comply with all laws of the United States,
and of the State of Florida, all ordinances of the City of Boynton Beach, all rules and
requirements of the Police, Fire Departments, or other municipal authorities of the City of
Boynton Beach, and any other applicable local laws, ordinances and regulations and will
obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be
done, anything on said premises during the terms of this Agreement in violation of any
such laws, ordinances, rules or requirements, and if the attention of said Vendor is called
to any such violation on the part of the said Vendor, or any person employed by or
admitted to the said premises by said Vendor, such Vendor will immediately desist from
and correct the violation.
8.0. Non-discrimination. Vendor shall not discriminate in the delivery of services
under this Agreement against any person because of race, creed, color, religion, sexual
preference or national origin.
9.0. Non-exclusive Agreement. This Agreement is non-exclusive.
10.0. Independent Contractor. This Agreement shall not be construed as creating any
joint employment or employer-employee relationship between Vendor and City. Vendor
and City agree that Vendor is an independent contractor under this Agreement. Neither
Vendor nor any employee of the Vendor shall be entitled to any benefits accorded city
employees by virtue of the provision of services 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.
11.0. Termination of Agreement.
11.1 City may terminate this agreement by providing written notice to Vendor, at
any time for any reason whatsoever, including convenience, discourteous actions or
behavior towards patrons, poor quality vending or consumables, failure to cooperate
{00439733.1 306-90018211 3
with City staff, actions bringing discredit to the City, the Vendor being involved in an
illegal activity, or a breach of any provision of this Agreement.
11.2 The cancellation or termination of this Agreement shall not relieve Vendor
of any liabilities or obligations hereunder which shall have accrued prior to the
effective date of cancellation or termination.
12.0. Assignment of Agreement; Amendment. Vendor shall not assign, transfer, or
otherwise encumber this Agreement, or any part thereof, in any manner without the prior
written consent of the City endorsed hereon. It is further agreed that no modification,
amendment, or alteration in the terms and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith.
13.0. Other Business. Vendor shall not undertake or participate in any business, exhibit
or activity on the Event site other than herein specified. The activities described herein
shall not be presented by any name or description other than that hereinabove designated,
nor shall Vendor use any name other than that stated in this Agreement in the
performance of its activities without the prior written consent of City.
14.0. Extent of Agreement. That all terms and conditions of this written Agreement
shall be binding upon the Parties, their heirs or representatives, and assigns, and cannot
be varied or waived by any oral representations or promise of any agent or other person
of the Parties hereto, unless the same be in writing and mutually signed by the duly
authorized agent or agents who execute this Agreement.
15.0. Waiver. Failure of the City to insist upon strict performance of any covenant or
condition or this Agreement, or to execute any right herein contained, shall not be
construed as a waiver or relinquishment for the failure of such covenant, condition, or
right, but the same shall remain in full force and effect.
16.0. Governing Law; Venue. This agreement shall be governed by the laws of the
State of Florida with venue for purposes of any litigation lying in Palm Beach County,
Florida.
17.0. Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of
the Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and shall be enforced to the fullest
extent permitted by law.
18.0 Public Records. The City is public agency subject to Chapter 119, Florida
Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the
Vendor shall:
;00439733.1 306-90018211 4
18.1 Keep and maintain public records required by the CITY to perform the
service;
18.2 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;
18.3 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, Vendor shall destroy all copies of such confidential and exempt
records remaining in its possession once the Vendor transfers the records in its
possession to the CITY; and
18.4 Upon completion of the contract, Vendor shall transfer to the CITY, at no
cost to the CITY, all public records in Vendor's possession All records stored
electronically by Vendor 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.
18.5 The failure of Vendor to comply with the provisions set forth in the
Agreement shall constitute a Default and Breach of the Agreement, for which, the
City may terminate the Agreement.
IF VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THE AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CRYSTAL GIBSON, CITY CLERK
PO BOX 310, BOYNTON BEACH, FLORIDA, 33425
561-742-6061
GIBSONC@BBFL.US
19.0 Scrutinized Companies. By execution of this Agreement, Vendor certifies that
Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is
not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to Vendor of the City's determination
100439733.1 30690018211 5
concerning the false certification. Vendor shall have five (5) days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during
the active contract term, Vendor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification
was made in error. If Vendor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
20.0 E-Verify. Vendor certifies that it is aware of and complies with the requirements of
Section 448.095, Florida Statues, as may be amended from time to time and briefly
described herein below.
20.1 Definitions for this Section.
20.1.1 "Contractor" means a person or entity that has entered or is
attempting to enter into a contract with a public employer to provide
labor, supplies, or services to such employer in exchange for salary,
wages, or other remuneration. "Contractor" includes, but is not
limited to, a vendor or consultant.
20.1.2 "Subcontractor" means a person or entity that provides labor,
supplies, or services to or for a contractor or another subcontractor in
exchange for salary, wages,or other remuneration.
20.1.3 "E-Verify system" means an Internet-based system operated by the
United States Department of Homeland Security that allows
participating employers to electronically verify the employment
eligibility of newly hired employees.
20.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the E-
verify system in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
20.2.1 All persons employed by a Contractor to perform employment duties
within Florida during the term of the contract;
20.2.2 All persons (including subvendors/subconsultants/subcontractors)
assigned by Contractor to perform work pursuant to the contract with
the City of Boynton Beach. The Contractor acknowledges and agrees
that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a
condition of the contract with the City of Boynton Beach; and
t00439733 1 306-90018211 6
20.2.3 The Contractor shall comply with the provisions of Section 448.095,
Fla. Stat., "Employment Eligibility," as amended from time to time.
This includes, but is not limited to registration and utilization of the
E-Verify System to verify the work authorization status of all newly
hired employees. Contractor shall also require all subcontractors to
provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of
the contract. Failure to comply will lead to termination of this
Contract, or if a subcontractor knowingly violates the statute, the
subcontract must be terminated immediately. Any challenge to
termination under thisP rovision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of
contract and may not be considered as such. If this contract is
terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one
(1) year after the date of termination.
SIGNATURE PAGE FOLLOWS
100439733 1 306-900111:1; 7
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day
and year first above written.
CITY OF BOYNTON BEACH
ATTEST:
By: Q
41V4 �/ ,/%1t4,7 ity Manager
stal Gibson, City Clerk--
Approved
lerkApproved as to fo
BY: L/de,
Of'ce of the ' Attorney
Signed, Sealed, and delivered CATERING SOLUTIONS, LLC
In the presenc- of ITNESS):
By:
Print Name: Abe/Ia. ( 6 r /tC,(-(-
Title: O& A-u -r
ATTEST:
(CORPORATE SEAL)
Secretary
100139733.1 306-90018211 8
EXHIBIT "A"
1. Menu
• Please state your menu below. Please ensure the meals will be served as to not serve the same
meal in consecutive days. The number of people served varies from 30 to 250 per meal per day.
Continental Breakfast Cold Lunch Cold Dinner
Everything Included Choice of One Choice of One
Fresh Fruit Trays of Assorted Sandwiches Sandwich or Wrap w/Side&
Chips
Baked Muffins Trays of Assorted Wraps Grilled Chicken Caesar Salad
Mini-Bagels Trays of Assorted Salad Tuna,Egg,Chicken Salad
Danish Chef Salad
Boxed Breakfast Boxed Lunch Boxed Dinner
Choice of One Choice of One Choice of One
Ham,Egg,Cheese Croissant Sandwich or Wrap w/Side& Pulled Pork Sandwich
Chips
Bacon,Egg,Cheese Bagel Grilled Chicken Caesar Salad Grilled Chicken Caesar Salad
Western Omelet Sandwich Tuna,Egg,Chicken Salad Mediterranean Salad
Greek Pasta Salad Chef Salad
Hot Breakfast Hot Lunch Hot Dinner
Choice of One Choice of One Choice of One
Danish,Muffin,Mini Bagels Meatloaf,Gravy,Potato,Peas Chicken Marsala w/Pasta
Served With Taco Bar,Rice,Corn Muffins Chicken Francais w/Potato
Scrambled Eggs&Breakfast Chicken Tetrazzini Ham&Vegetable w/Sweet Potato
Potatoes
Bacon,Sausage,or Ham Hot Dogs Pot Roast
Pulled Pork Sandwiches Baked Ziti&Meatballs
2. Please state the pricing per meal.
• Breakfast
Hot Cold Boxed
$8.95 $7.95 $7.95
• Lunch
Hot Cold Boxed
$10.95 $9.95 $9.95
• Dinner
Hot Cold Boxed
$12.95 $11.95 $11.95
• Beverages
Bottled Water Milk(8oz) Sports Drink(16.9oz) Soda(12oz) Coffee Service
$2.00 $2.95 $3.75 $2.50 $550.00
3. Hours: Breakfast lam to 9am; Lunch 12pm to 2pm;Dinner 6pm to 8pm and then 1Opm to 12am.
100039733.1 306-9001821 1 9
Exhibit B
INSURANCE
C
1. It shall be the responsibility of Vendor to maintain workers' compensation insurance,
property damage, liability insurance and vehicular liability insurance during the duration
of this contract.
2. The Vendor shall secure and maintain in force, throughout the duration of this contract,
comprehensive general and automobile liability insurance with a minimum coverage of
$1,000,000 per occurrence; $1,000,000 aggregate for general liability; $1,000,000 for
products completed operation aggregate; $1,000,000 personal and advertising injury; and,
professional liability insurance in the amount of $1,000,000 (all professional contract
services).
3. Said general liability policy shall name the City of Boynton Beach as an additional
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty(30)days prior written notice to the City.
4. The Vendor shall secure and maintain in force throughout the duration of this contract
workers' compensation insurance to statutory limits, which are delineated at $1,000,000
for each accident,the disease policy limit, disease each employee respectively.
5. The Vendor shall furnish the City with a certificate of insurance after award has been
made prior to the start of any work for the City. Said insurance companies must be
authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest
edition.
6. Reference Insurance Advisory Form (Attachment A) for additional types of insurance
and limits required. The City reserves the right to require additional types of insurance,
or to raise or lower the stated limits, based upon identified risk.
100439733.1 306-9001821} 1 0
Attachment A
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages
noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co.of"B+"or
higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided
upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees,etc.,and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance,or to raise or lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med. Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 04/2021
100439733.1 306-90018211 1 1