R19-0651
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RESOLUTION NO. R19-065
A RESOLUTION OF THE BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF RFP #023-
1410-19/EM TO RIGHT CHOICE VENDING/COFFEE,
LLC, AND AUTHORIZING THE CITY MANAGER TO
SIGN A FIVE YEAR AGREEMENT FOR THE
INSTALLATION AND SERVICING OF VENDING
MACHINES AT CITY FACILITIES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 29, 2019, Procurement received and opened three (3)
proposals in response to the RFP #023-1410-19/EM; and
WHEREAS, after review and evaluation it has been determined appropriate by staff
to recommend award of this agreement to Right Choice Vending/Coffee, LLC., of Pompano
Beach, Florida whose proposal was overall responsive and responsible proposer; and
WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach does hereby approve the award of RFP #023-1410-19/EM to Right Choice
Vending/Coffee, LLC., of Pompano Beach, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the award of RFP #023-1410-19/EM to Right Choice Vending/Coffee, LLC., of
Pompano Beach, Florida, for a Five Year Agreement with three (3) additional one-year
renewals for the installation and servicing of vending machines throughout City facilities.
Section 3. That the City Manager is hereby authorized to sign a Five year
C:\Users\StanzioneTWppCata\Local\Microsoft\Windows\INetCache\IE\94XIWK7N\Right_Choice_Vending_Agreement=
_Reso.docx
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Agreement between the City of Boynton Beach and Right Choice Vending/Coffee, LLC.,
of Pompano Beach, Florida, a copy of which is attached hereto as Exhibit "A".
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 19 day of June, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant I/
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga
VOTE 6-0
ATTEST:
Queenester Nieves
Deputy City Clerk
(Corporate Seal)
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C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\94XIWK7N\Right_Choice_Vending_Agreement=
Reso.docx
SUBJECT TO REVISIONS PRIOR TO SIGNING.
PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS PROFESSIONAL AGREEMENT, entered into this day of /A between the City
of Boynton Beach, a political subdivision of the State of Florida, h7e7einafter eferred to as the
"CITY", and Right Choice Vending/Coffee LLC, 1440 SW 3151 Ave. Pompano Beach FL
33069 a VENDOR, authorized to do business in the State of Florida, hereinafter referred to as
the "VENDOR" for Vending Machine Services is entered into subject to the following terms and
conditions.
The City of Boynton Beach and Right Choice Vending/Coffee LLC hereby agree that the terms
of this Contract provide an outline of the working relationships and responsibilities of the CITY
and the Vendor for Vending Machine Services. The items in this Contract in the following Sections
are aimed at identifying the VENDOR'S general relationship with the CITY, his/her responsibility
for providing vending machine services, and the VENDOR'S responsibility for.
TERM OF AGREEMENT
The term of this agreement shall be for five (5) years effective upon date the contract is fully
executed by all parties. The City of Boynton Beach may extend the agreement at the same terms,
and conditions, for three (3) one-year renewals subject to vendor acceptance, satisfactory
performance, and determination that renewal will be in the best interest of the City.
1. The CITY hereby contracts with the Vendor and the Vendor accepts this contract for the
City Of Boynton Beach Vending Machine Services.
OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications
and other materials produced by the VENDOR 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 VENDOR shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with VENDOR's endeavors.
3. COMPLIANCE WITH LAWS. VENDOR 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.
4. INDEMNIFICATION. VENDOR 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 fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to VENDOR's own employees, or damage
to property occasioned by a negligent act, omission or failure of the VENDOR.
5. INSURANCE. General Liability Insurance - A General Liability Insurance Policy provided
shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for
bodily injury liability, personal injury liability and property damage liability on a per project
basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00)
aggregate. VENDOR shall notify the City in writing within thirty (30) days of any claim filed
or made against its General Liability Insurance Policy. When available and at its sole
City of Boynton Beach
RFP No. 023-1410-19/EM
discretion, City may procure and maintain General Liability Insurance to include VENDOR,
so long as the activities engaged by VENDOR are solely for the benefit of City and within
the scope of the project as set forth in this agreement.
Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance
with the limits of liability provided by such policy for each claim and on a claim made basis
or on an occurrence basis to be no less than one million Dollars ($1,000,000) per
occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a
deductible per claim not to exceed ten percent (10%) of the limit of liability. VENDOR shall
notify the City in writing within thirty (30) days of any claim filed or made against its
Professional Liability Insurance Policy. When available and at its sole discretion, City may
procure and maintain Professional Liability Insurance to include VENDOR so long as the
activities engaged by VENDOR are solely for the benefit of City and within the scope of
the project as set forth in this agreement. VENDOR acknowledges that the City is relying
on the competence of the VENDOR to design the project to meet its functional intent. If it
is determined during construction of the project that changes must be made due to
Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no
cost to City and shall be responsible for additional costs, if any, of the project to the
proportional extent caused by such negligent errors or omissions.
6. INDEPENDENT CONTRACTOR. The VENDOR and the City agree that the VENDOR 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 VENDOR nor any employee
of the VENDOR 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 VENDOR, or any employee of the VENDOR.
7. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the VENDOR, 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
VENDOR, 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.
10. DISCRIMINATION PROHIBITED. The VENDOR, 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.
11. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
12. 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.
City of Boynton Beach
RFP No. 023-1410-19/EM
13. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) Days written notice to the VENDOR.
b. In the event of the death of a member, partner or officer of the VENDOR, or any of
its supervisory personnel assigned to the project, the surviving members of the
VENDOR 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 VENDOR and the City, if the City so
chooses.
14. 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.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to VENDOR shall be sent to the following address:
16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the VENDOR 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
VENDOR.
17. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. 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
City of Boynton Beach
RFP No. 023-1410-19/EM
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. 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,
Contractor shall destroy all copies of such confidential and exempt records remaining
in its possession once the Contractor transfers the records in its possession to the
CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to
the CITY, all public records in Contractor's possession All records stored
electronically by Contractor 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.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
JUDY PYLE, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
PYLEJ@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel. Contractor further certifies that Contractor 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 Contractor 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 Contractor of the City's determination concerning the false
certification. Contractor 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, Contractor 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
Contractor 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.
City of Boynton Beach
RFP No. 023-1410-19/EM
DATED this day of . 20NC-A.
CITY OF BOYNTON BEACH
Lori LaVerriere, City Manager
Attest/Authenticated:
udy Pyle, City Clerk
Approved as to I,
A.
City of Boynton Beach
RFP No. 023-1410-19/EM
Attorney
1 " c-4
Signature of Authorize`d O ficial
A C14)
( -) 0-e—
Printed Name of Authorized Otficial
C � c)
Title
(Corporate Seal)
Attest/Authenticated:
Secretary
EXHIBIT B
FEES AND PAYMENTS
[Will be inserted prior to execution]
City of Boynton Beach
RFP No. 023-1410-19/EM
EXHIBIT A
SCOPE OF SERVICES
[Scope of Services will be inserted prior to execution]
City of Boynton Beach
RFP No. 023-1410-19/EM