R09-183
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1 RESOLUTION R09-183
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, APPROVING THE
5 AWARD OF THE THREE YEAR LEASE FOR
6 CONCESSIONAIRE FOR BEACH EQUIPMENT RENTAL
7 OPERATIONS AT BOYNTON BEACH OCEANFRONT PARK,
8 RFP #008-2730-10/JA TO OCEANSIDE BEACH SERVICE,
9 INC., OF NORTH PALM BEACH, FLORIDA; AUTHORIZING
10 AND DIRECTING THE CITY MANAGER AND CITY CLERK
11 TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
12 OF BOYNTON BEACH, FLORIDA AND OCEANSIDE BEACH
13 SERVICE, INC., PROVIDING FOR CONCESSIONS
14 OPERATIONS FOR BEACH EQUIPMENT RENTAL AT
15 OCEANFRONT BEACH PARK; AND PROVIDING AN
16 EFFECTIVE DATE.
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18 WHEREAS, on November 4,2009, Procurement Services opened and tabulated one
19 (1) proposal for the "Three Year Lease from Concessionaires for Beach Equipment Rental
20 Concession For the Oceanfront Park"; and
21 WHEREAS, after review and evaluation it has been determined appropriate by staff
22 to recommend award of a three-year Lease for Concession for Beach Equipment Rental
23 operations at Oceanfront Park to Oceanside Beach Services, Inc., of North Palm Beach,
24 Florida whose RFP was determined to be a responsive proposal; and
25 WHEREAS, upon recommendation of staff, the City Commission of the City of
26 Boynton Beach does hereby approve the award of the "Three Year Lease for Concession
27 Operations for Beach Equipment Rental at Boynton Beach, Oceanfront Park" RFP #008-
28 2730-1O/JA to Oceanside Beach Services, Inc., and to authorize the City Manager and City
29 Clerk to execute a Lease Agreement between the City of Boynton Beach and Oceanside
30 Beach Services, Inc.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CC\ WP\Resolutions\2009\R09-183 - Beach_Equipment Concession _COceanside).doc
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
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5 approves the award of the "Three Year Lease for Concession Operations for Beach
6 Equipment Rental at Boynton Beach, Oceanfront Park" RFP #008-2730-10/JA to Oceanside
7 Beach Services, Inc.
8
Section 3.
The City Commission of the City of Boynton Beach, Florida does
9 hereby authorize and direct the City Manager and City Clerk to execute a three-year Lease
JO Agreement between the City of Boynton Beach and Oceanside Beach Services, Inc., a copy
11 of said lease being attached hereto as Exhibit "A".
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Section 4.
This Resolution will become effective immediately upon passage.
S :\CC\ WP\Resolutions\2009\R09-183 - Beach_Equipment Concession _COceanside ).doc
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PASSED AND ADOPTED this 15th day of December, 2009.
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Commissioner - Marlene Ross
ATTEST:
.P~
M. Prainito, CMC
Clerk
S :\CC\ WP\Resolutions\2009\R09-183 - Beach_Equipment Concession _COceanside ).doc
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Ro9- 183
CONCESSIONAIRE AGREEMENT
FOR
"THREE YEAR LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT
RENTAL CONCESSION AT OCEANFRONT BEACH PARK"
LOCATED AT: 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FL 33435
THIS AGREEMENT is 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. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform
CONCESSIONAIRE services in connection with the project designated.
2. 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 suP?lies. No modifications will be made to the original
scope of work without the written approval of the Recreation and Parks Director or
designee.
3. TIME FOR PERFORMANCE. Work under this agreement 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 product required pursuant to this agreement by 10 calendar
days from the date written notice is given to proceed, unless an extension of such time is
granted in writing by the City.
4. TERM: This Agreement shall be for a period of three (3) years commencing on the date the
Agreement is executed by the City.
5. PAYMENT. The Concessionaire shall pay the City a sum of $ 2.000.00 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 2. 2009.
a. Said payment shall be made and received by the City on or before the 1 ,t day of each and
every month. A late fee of 15% will be charged for payments received after the 5th day of
each month. Any monthly payment not received by the 25th day of each month shall be
subject to a 15% late fee and shall be grounds for termination of contract.
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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 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 151 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$I,OOO.OO 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.
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 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.
7. 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.
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 attorneys 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 per occurrence to 2 million aggregate with defense costs in addition to
limits.
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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.
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 shan 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.
II. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has
not employed or retained any company or person, other than a bonafide 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 bonafide 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 fun 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 shan not sublet or assign any ofthe services covered by
this Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shan not constitute a waiver of any other provision.
IS. 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 ofthe 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
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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.
16. 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.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FI 33425-0310
Attn: Jody Rivers
Notices to Concessionaire shall be sent to the following address:
Oceanside Beach Service Inc.
P.O .Box 13018
North Palm Beach, FI 33408
Attn: Michael J. Novatka
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.
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DATED this II day of ,20-1Q.
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CITY OF BOYNTON BEACH OCEANSIDE BEACH SERVICE, INC.
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City Manager Concessionaire
Attest/Authenticated: ~/0gs. ~ \f?C^,,~
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(~it Clerk
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EXHIBIT "A"
Scope of Services
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OCEANSIDE BEACH SERVICE
PROPOSAL
UNDERSTANDING THE CITY'S NEED FOR THE BEACH CONCESSION
Oceanside Beach Service realizes that in these troubled economic times the competition for tourist
business will become more and more intense. OBS will show it's value as Boynton Beach's beach
concessionaire by increasing the value of the beach experience on the public beach. Our seasoned
beach staff have all the local Boynton Beach business's on the tip of their tongue to refer the
inquiring public. Please make sure you read the included references to realize the true value that
OBS can provide the City of Boynton Beach.
We understand that Boynton Beach wants to provide a pleasurable experience for your guests on
the beach and Oceanside Beach Service can offer to further enhance the value of living in, and vis-
iting Boynton Beach. Please read our offering in this proposal and understand that, going forward,
OBS will provide the same valuable beach service experience that our customers have become ac-
customed to in our other beaches, while joining in a partnership with The City Of Boynton Beach to
grow the Boynton Beach experience into something your residents and guests will enjoy for many
years to come. OBS has been in operation for over 30 years and will comply with all of the Scope
Of Services detailed in the RFP. OBS will supply the necessary labor for placement of all equipment
and services as speCified.
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Storage plan
Cushions are stacked at the back of the beach covered with a waterproof mat cover and fastened
with ropes ties.
Strap lounges are stacked along the back of the beach and are secured with a locked cabling sys-
tem.
Foldout chairs with footrests and umbrellas are stored in beach boxes located along the back of the
beach.
Lounges and cabana hoods are left in their original setup locations.
While managing beach operations for the last 30 years, with increasing inventory every year, OBS
has experience minimal loss and damage using our current storage methods.
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Hurricane Plan
Ocean Beach Services has successfully responded to three hurricanes, Francis, Jean, and Wilma,
while managing the municipal beaches in South Florida. The OBS Beach Operator communicates
with Boynton Beach Recreation and Parks Director or designee during a hurricane approach. When
the hurricane condition rises to a warning level, OBS has staff and equipment at the ready to evacu-
ate all OBS equipment to the OBS warehouse. When instructed by Boynton Beach Recreation and
Parks Director or designee, OBS staff evacuates the beach of all OBS Beach equipment. This process
takes no more than 8 hours. When beach conditions return to normal, and with the permission of
Boynton Beach Recreation and Parks Director or designee OBS returns the beach to operating con-
dition within the same time frame.
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Management And Staffing
Michael James Novatka
President
OCEANSIDE BEACH SERVICE
Michael Novatka has been in the beach service industry since 1979. Since that that time he has
operated beaches on the east and west coasts of Florida, in the Hamptons, out on the eastern end
of Long Island where he grew up, and he is currently running mutiple beach service operations in
Martin, Palm Beach and Broward counties. His over thirty years in the beach service industry has al-
lowed him to provide the finest beach service on private resort beaches, as well as public beaches.
Michael is a hands on, feet in the sand, owner operator. He stays in touch with his employees, as
well as visiting the guests on the beach to make sure that his high standards of beach service is
maintained. Michael recognizes the potential of the Boynton public beach, and a world class beach
service operation, as attested to in his many letters of recommendation. Michael Novatka continues
to own and manage the best beach service operation in southern Florida, and looks forward to a
long parntership with the City of Boynton Beach.
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Todd Meacham
Vice President
OCEANSIDE BEACH SERVICE
Todd Meacham began working the beaches in 1992, and over the last 17 years has become
an expert in all aspects of the beach operation and maintenance areas. Todd is second in
command at Oceanside Beach Service and oversees all the maintenance and repairs of the
beach furniture equipment. He also monitors the daily operations, and is available to handle
any situations that may arise on a 7x24 basis. Todd Meacham is a reliable, talented asset, and
stands as an example of the finest in the beach service industry.
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Todd Meacham
William (Willie) Morales
Senior Beach Manager
OCEANSIDE BEACH SERVICE
Willie has been working on the beach since 1994, when he was an apprentice with Oceanside in
the Hamptons on Long Island. He has remained a consistent, reliable employee and is the North
End Beach Manager at Delray Beach. Willie maintains the highest standards of beach service and is
a valuable asset to Oceanside as well as an ambassador for the South Florida beach experience.
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Oceanside Beach Service Locations
Oceanside Beach Service provides beach service at the following locations:
Martin County Municipal Beach
Marriott, Hutchinson Island
Marriott's, Ocean Pointe
City of Riviera Municipal Beach
Marriott Oceana Palms
Ocean Tree Condos, Singer Island
Sugar Sands, Singer Island
Oasis Condos, Singer Island
Martinique II, Singer Island
Cote D'Azur Condos, Singer Island
Boynton Municipal Beach, Boynton
Dania Municipal Beach, Dania
(rowne Plaza, Hollywood
Hallandale Municipal Beach, Hallandale
30 setups
SO setups
100 setu ps
60 setups
75 setups
60 setups
30 setups
20 setups
40 setups
30 setups
250 setups
50 setups
50 setups
50 setups
Experience with similar operations.
Oceanside Beach Service is currently operating on 15 beaches, maintaining almost one thousand
beach setups on a daily basis. OBS has over 30 years of beach service experience and maintains the
highest standard of operation and service in South Florida.
C.ON TAC.T NAme~ AN''') 'PW"N.: ^"L-\_ ~cn..r A;t€
J.., S7Et> '-'I'll>ert. "i!>'""-.\ '.N~~) Fe EFIEft.~NC.&!> "
Business References
Marriott Ocean Pointe
71 Ocean Ave
Palm Beach Shores FL 33404
Cheryl Moore 561-882-3000
City Of Riviera Beach
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'600 Blue Hero~ Blvd.
. Riviera 8each fL 33404
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. WilliafTl Cook 561-379-9115
Beachside Cafe
111 Surf Road
Hallandale Beach FL 33009
Kay Lynn Doderer 954-412-3677
Beach Watch
300 North Beach Road
Dania Beach FL 33004
Sven Jutz 954-929-4887
Crowne Plaza Resort
4000 South Ocean Blvd
Hollywood Beach FL 33019
Michael Long 954-454-4334
Marriott Oceana Palms
3200 North Ocean Drive
Riviera Beach FL 33404
Greg Forrester 561-882- 3000
Martin County Public Beach
Jensen Beach FL
Tommy Vitale 954-899-4703
Daily Operations Plan
7 days a week 365 days a year
7AM - 8PM
Summer - May 1 st - October 31st
Winter - November 1 st- April 30th
At 7 AM the Oceanside Beach Service staff of S beach attendants begin placing the beach equip-
ment. OBS configures the beach setup differently depending on the current season. In the sum-
mer season the double wooden lounges are faced towards the ocean with two cushions and an
umbrella. During the winter season the double wooden lounges are faced to the south and each
has a cabana hood attached to the frame. The reason for the different placements are that in the
summer the location of the sun and the prevailing winds dictate that the best beach experience
will be achieved with the setups facing east. In the winter the sun is at a lower angle and the cooler
prevailing winds can be blocked by raising the cabana hood, maximizing the warm winter sun.
Anchoring methods:
The umbrella is worked down into the sand by an experienced beach attendant and tilted to the
proper angle. Over 30 years of experience has proven that this is the safest, and leaves the least
environmental impact. The cabana hoods are attached to the double lounges with 5xl /4 inch, hex
head, galvanized nut and bolt on each side.
AT 5 PM the OBS staff begins the process of preparing the beach equipment for overnight storage.
The lounges are adjusted to their original locations, the beach area is cleaned and the OB5 beach
equipment is stored safely and securely as per the OBS storage plan.
OBS staff keeps the beach raked and clean during the day and patrols the OBS areas regularly dur-
ing operational hours. The lounges, chairs, umbrellas and cabanas are adjusted constantly to assure
maximum enjoyment by the guests. Beach guests providing their own equipment are accommo-
dated as any other guest visiting the beach.
This is a typical OBS operational plan. OBS will modify any section to comply with The City Of Boy-
ton Beach specifications.
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EXHIBIT "B"
PROPOSAL BLANK
PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
To All Proposers:
Date:
It I;).. I O't
The undersigned declares that he has carefully examined the specifications and is thorougWy familiar with
its provisions and with the quality, type and grade of service called for.
When submitting more than one proposal price for this product and/or service, indicate how many
individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet
for each.
Bidder agrees to supply the products or services at the prices proposed below in accordance with the terms
and conditions, and specifications contained in this RFP
MONTHLY LEASE PAYMENT FOR FIRST THREE (3) YEARS
$
-"I""J 00
01/ 0UO'
I .
AMOUNT
MONTHLY LEASE PAYMENT FOR YEAR FOUR (4)
$
c:( ..;( CL
. ,
AMOUNT
MONTHLY LEASE PAYMENT FOR YEAR FIVE (5)
$ ~ 9 CJ C. 6)(}
AMOUNT
MONTHLY LEASE PAYMENT FOR YEAR SIX (6)
$ disao,
AMOUNT
5li!lii1
~fY\.e.N"'Ir' 'rO
i'~o POs Pn- l3U\N~
BP -1
THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Attachment to Proposal Blank
Part One: Proposed or possible exceptions to the Specifications
Note: Proposer is suggesting the use of half-day, full-day and hourly rates.
Note: Proposer is suggesting the use of 50 sets of equipment in substitution for
37 sets of equipment. Proposer believes that 50 sets can be deployed
safely and with adequate space remaining for the ingress and egress of
the general public.
Part Two: Licenses and Insurance
Note: Proposer has all licenses and permits to operate its business and upon
acceptance ofRFP will obtain any local licenses and permits.
Note: Proposer has insurance that meets insurance requirements and will add
the Boynton Beach location upon acceptance of the RFP.
"
Rental Rates
Public Rental Rates
Oceanside Beach Service Price List
Boynton Beach
Lounge Chair ............................................................... $5 Hour $10 Day '/:t, D.,..y ~ 8'.00
Umbrella .........................................................................$5 Hour $15 Day ~2. D...y " 10.00
Setups ..............................................................................$10 Hour $30 DaY'lL I),..y .:t .z. o. 00
* Setup includes: 2 lounges & Umbrella or Cabana
Seasonal Membership ...............................................$300
Yearly Membership .....................................................$400
Multi-day Rate Available upon request.
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Janet Allen
Purchasing
FROM: Judith A. Pyle, CMC
Deputy City Clerk
DATE: December 16, 2009
SUBJECT: R09-183 Concessionaire Agreement for Three Year Lease From
Concessionaires for Beach Equipment Rental
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original to
the City Clerk's Office for further processing.
Please contact me if there are any questions. Thank you.
a~
/l ~
~ttachments (2)
(Agreement & Resolution)
C: Central File
\
S:\CC\WP\AFTER COMMISSION\Dcpartmental Transmittals\2009\Janet Allen R09-183.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing
FROM: Janet M. Prainito, CMC
City Clerk
DATE: January 4, 2010
SUBJECT: R09-iS3 Concessionaire Agreement for Three Year Lease from
Concessionaires for Beach Equipment Rental
Attached for your handling is the partially executed agreement that you forwarded to
this office on December 31, 2009. I am returning this agreement to you to please have
the vendor sign a new signature page. According to our legal department a city
employee can not attest for the vendor. Once the document has been executed, please
return the original to the City Clerk's Office for further processing.
Please contact me if there are any questions. Thank you.
et-r- Yn. p~
Attachments
(Agreement
C: Central File
\
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\201 O\Janet Allen R09-183 Return to Carol Doppler OI-04-IO.doc
America's Gateway to the Gulfttream