R05-160
, ,
1 RESOLUTION NO. Ros-lloo
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE A WARD OF
5 QUOTE #07S-1412-0S/CJD TO STEVES VENDING
6 COMPANY, PROVIDING FOR A FIVE YEAR
7 CONTRACT FOR SNACK VENDING MACHINES;
8 AUTHORIZING THE CITY MANAGER TO
9 EXECUTE AN AGREEMENT BETWEEN THE
10 PARTIES; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, Procurement Services solicited interested vendors to submit
14 proposals for snack vending machines at various locations within the City for employees;
1 5 and
16 WHEREAS, after review and evaluation it has been determined appropriate by
17 staff to recommend award of this contract to Steve's Vending Company of Loxahatchee,
18 Florida whose proposal was overall responsive and responsible proposer; and
19 WHEREAS, upon recommendation of staff, the City Commission of the City of
20 Boynton Beach does hereby approve the award of Quote No.075-1412-05/CJD to Steve's
21 Vending Company of Loxahatchee, Florida.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FI__ORIDA, THAT:
24
Section 1 ~
The foregoing "Whereas" clauses are hereby ratified and
25 confirmed as being true and correct and are hereby made a specific part of this
26 Resolution upon adoption hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida,
28 hereby approves the award of Quote No. 075-1412-05/CJD to Steve's Vending Company
29 ofLoxahatchee, Florida, for a Five Year Contract for Snack Vending Machine Services.
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Steves -Vending Machines.doc
Ii
1 i
Section 3...:.
That the City Manager is hereby directed to execute an Agreement
2 between the City of Boynton Beach and Steve's Vending Company of Loxahatchee,
3 Florida, a copy of which is attached hereto.
4
Section 4.
That this Resolution shall become effective immediately.
5
6
PASSED AND ADOPTED this ~_ day of October, 2005.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27
28
29
30
31
32
33
CITY OF BOYNTON BEACH, FLORIDA
(~ i
. n~MaYor_ !i;~-----
~t-/ ..../ ..... '. _.~_..
C~~iSS'~e; / .....~._~.. <.,:-<~~/
+-0. :- . /!~:- L
.-" ,. J cr--~ . / .
C!!':__. ~_ - _ _/
C.' t.;.:.''';::'''' -"-"'_.-"--'-~. _._.-' :::;.
~~~ ~?~_.
CommIsSIOner
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Steves -Vending Machines.doc
VENDING SERVICES FOR SNACKS
R05- HoD
VENDING SERVICES FOR SNACKS
AGREEMENT BETWEEN STEVE'S VENDING
AND THE CITY OF BOYNTON BEACH, FLORIDA
QUOTE#075-1412-0S/CJD
THIS AGREEMENT between STEVE'S VENDING and the CITY OF BOYNTON
BEACH, FLORIDA (City) is made this 6TH day of OCTOBE~ 2005.
WIT N E SSE T H:
WHEREAS, Vendor and the City wish to enter into an agreement to incorporate the
terms and conditions of QUOTE#075-1412-0S/CJD regarding the provision of Snacks
Vending Machine Service.
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 about, JANUARY 3. 2006
and extend until JANUARY 2. 2011. This Agreement may be renewed for an additional
(1) year as agreed to mutually by the vendor and the City of Boynton Beach.
3. Vendor shall have the full service Snacks vending placements as provided by
QUOTE#075-1412-05/CJD, attached hereto and incorporated herein. STEVE'S
VENDING. Repair services shall be available from 8:00 A.M. to 5:00 P.M. on all City
work days. Repair(s) must be satisfactorily completed no later than (1) day after service
is requested by telephone, excluding Saturdays and Sundays.
c-!
4. Vendor shall provide the brand names of the Product as set forth in QUOTE#
07 5-1412-05/CJD. The Snacks vending machines shall be filled by a full service driver
employed by STEVE'S VENDING.
5. Vendor shall reimburse the City the amounts, as provided in QUOTE #075-1412-
05/CJD, including, but not limited to, all revenues and commissions from the sales from
the Snacks vending machines. Quote#075-1412-05/CJD is attached hereto as exhibit "A"
and incorporated herein by reference.
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 QUOTE #075-
1412-0S/CJD.
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
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
As to Vendor:
Steve's Vending
13579 Fox Trail
Loxahatchee, Florida 33470
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.
C-2
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 for this Project; 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 City, its
officers, agents, or employees which may result from the operations and activities under
C-3
this contract 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.
13. The contract documents constitute the entire agreement between the City and
Vendor and may only be altered, amended or repealed by a duly executed written
instrument.
14. Vendor agrees to place no refrigerated items, no short term perishables in the
machines.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year first above written.
CITY OF BOYNT N BEACH, FLORIDA
JitU- Yn. P~.tc
ity Clerk
By:
anager
Approved as to legal sufficiency
~~.
By.
ity Attorney
VENDOR:
WITNESSES:
STEVE'S VENDING
By:
(Print or Type Name)
(Print or Type Name)
C-4
WITNESSES:
(SEAL)
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2005, by
or agent, title of officer or agent), of
corporation acknowledging), a
, as
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
C-5
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Carol Doppler
Senior Buyer
FROM:
Janet M. Prainito
City Clerk
DATE:
December 1, 1005
RE:
R05-160 - Agreement with Steve's Vending
Attached for your information and processing is one (1) original contract that was
approved by the City Commission. Please secure the necessary signatures. Once the
document has been fully executed, please return the original to this office for our
Central Files.
Thank you.
cr 1r). {J~
Attachments
c: Central File (wjattachment)
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\Carol Doppler - Transmittal of Steve's Vending Contract - R05-160.doc