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R17-004 1 RESOLUTION NO. R17-004 2 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. 10 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. 26 {00164763.1 306-9001821) 27 28 CITY OF BOYNTON BEACH, FLORIDA 29 30 YES NO 31 32 33 Mayor— Steven B. Grant 34 35 Vice Mayor—Mack McCray 36 37 Commissioner—Justin Katz :"` 38 39 Commissioner—Christina L. Romelus 40 //' 41 Commissioner—Joe Casello 42 43 44 45 VOTE 46 ATTEST: 47 48 49 50 51 (7trra--l' ia..."51371 52 53 Ju ifh A. Pyle, CMC Y 54 0.4 Clerk f : 55 u 56 (Corporate Seal) ' �t " X14 X ' 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. 1 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. 21 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: 31 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. 61 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. 1 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 //31,,7 COM TY ti• RING CENTER DATE