R23-116 1 RESOLUTION NO. R23-116
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING THE RANKING AS RECOMMENDED BY THE EVALUATION
5 COMMITTEE AND AUTHORIZING THE CITY MANAGER TO SIGN A
6 PROFESSIONAL SERVICES AGREEMENT WITH OCEANSIDE BEACH
7 SERVICE, INC. OF NORTH PALM BEACH, FL AS A RESULT OF RFP NO.
8 REC23-017R WITH $392,500.61 OF GENERATED REVENUE DURING THE
9 TERM OF THE AGREEMENT;AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, on June14, 2023, the RFP for Beach Equipment Rental Concession for
12 Boynton Beach Oceanfront Park was advertised, to invite Proposers to provide beach
13 equipment for rent to patrons of Oceanfront Park; and
14 WHEREAS, on July 14, 2023, Procurement Services received and opened two (2)
15 proposals in response to the RFP, they were reviewed by Purchasing Services to ensure the
16 proposal met the RFP requirements; and
17 WHEREAS, the Committee's unanimous recommendation is to award the 5 year
18 agreement to Oceanside Beach Service, Inc.; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
20 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
21 approve the ranking as recommended by the Evaluation Committee and Authorize the City
22 Manager to sign a Professional Services Agreement with Oceanside Beach Service,Inc.of North
23 Palm Beach, FL as a result of RFP No. REC23-017R with $392,500.61 of generated revenue
24 during the term of the agreement.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
31 approves the ranking as recommended by the Evaluation Committee and Authorize the City
32 Manager to sign a Professional Services Agreement with Oceanside Beach Service,Inc.of North
33 Palm Beach, FL as a result of RFP No. REC23-017R with $392,500.61 of generated revenue
S:\CA\RESO\Agreements\Approve ranking and Professional Services Agreement for Beach Equipment Rental -Reso.docx
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34 during the term of the agreement. A copy of the Professional Services Agreement is attached
35 hereto and incorporated herein as Exhibit "A".
36 Section 3. That this Resolution shall become effective immediately.
37 PASSED AND ADOPTED this 5th day of September, 2023.
38 CITY OF BOYNTON BEACH, FLORIDA
39
40 YES NO
41
42 Mayor-Ty Penserga ✓
43 r ti-
44 Vice Mayor-Thomas Turkin
46 Commissioner-Angela Cruz
47
48 Commissioner-Woodrow L. Hay
49
50 Commissioner-Aimee Kelley
51
52 VOTE -0
53
54
55
56 A i •T:
57
58 in I,
59 Mayle, r- Jesus, M•A, MMC Ty Pe4A ��-
60 City CI- Mayor,
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61 ,=0NT0/� � \
62 „'8C�•�QORdrF eFti� AP'"OVED AS TO FORM:
63 (Corporate Seal) ;� L. •
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65 i ' �NCORPOWED; i
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66 ,1 • 192O: David N. Tolces
•
67 %�1%, FLU:, P ;' Interim City Attorney
68
69
S:\CA\RESO\Agreements\Approve ranking and Professional Services Agreement for Beach Equipment Rental -Reso.docx
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BEACH EQUIPMENT RENTAL CONCESSION AT
OCEANFRONT PARK
SERVICE AGREEMENT
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Oceanside Beach Service, Inc. a
corporation authorized to do business in the State of Florida, with a business address of PO Box 13018,
North Palm Beach, FL 33408, hereinafter referred to as the "VENDOR". In consideration of the mutual
benefits, terms, and conditions hereinafter specified the Parties agree as set forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, equipment, and
materials related to the Beach Equipment Rental Concession for Boynton Beach Oceanfront Park.
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Beach Equipment
Rental Concession for Boynton Beach Oceanfront Park.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence immediately. Vendor shall
perform all services and provide all work product required pursuant to this agreement.
4. TERM.The initial Agreement period shall be for an initial term of five (5)years, commencing on
September 6, 2023 and shall remain in effect through September 5, 2028.
5. PAYMENT. The VENDOR shall pay the CITY a sum of$5,625.00 each month for the first twelve
months of the agreement. Subsequent payments each month shall be based on Exhibit'A' attached
hereto, a payment schedule based on proposal from VENDOR dated July 14, 2023.
Said payment shall be made and received by the CITY on or before the 15t 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 grounds for termination of
contract.
6. 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.
7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton
Beach, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to and resulting from the performance of this Agreement by the VENDOR, its
employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the CITY, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this
Agreement shall be liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect, or consequential damages of any kind, including but not limited
to lost profits or use that may result from this Agreement or out of the services or goods furnished
hereunder.
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities
under the common law or§768.28, Fla. Stat., as may be amended from time to time.
9. INSURANCE
A. During the performance of the services under this Agreement, VENDOR shall maintain the
following insurance policies, and provide originals or certified copies of all policies to CITY's
Director of Human Resources and Risk Management. All polices shall be written by an insurance
company authorized to do business in Florida. VENDOR shall be required to obtain all applicable
insurance coverage, as indicated below, prior to commencing any service pursuant to this
Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the
life of this Agreement,Worker's Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This coverage must
extend to any subcontractor that does not have their own Worker's Compensation and
Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of
the CITY of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on
an "Occurrence" basis. Coverage shall include Premises and Operations; Independent
consultants, Products-Completed Operations and Contractual Liability with specific
reference to Article 7, "Indemnification" of this Agreement. This policy shall provide
coverage for death, personal injury, or property damage that could arise directly or
indirectly from the performance of this Agreement. VENDOR shall maintain 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. The general liability insurance
shall include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty(30) days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of$1,000,000 combined single limit for bodily injury and property damage
liability to protect the VENDOR from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must be follow form of the General Liability, Auto Liability and Employer's
Liability. This coverage shall be maintained for a period of no less than the later of three
(3) years after the delivery of goods/services or final payment pursuant to the Agreement.
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will be
considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current
valid insurance policy meeting the requirements herein identified shall be maintained during the
duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended,
voided or cancelled by either party, reduced in coverage in limits except after thirty (30) days prior
written notice by either certified mail, return receipt requested, has been given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Director of Human Resources and Risk Management. The
CITY reserves the right to review, modify, reject, or accept any required policies of insurance,
including limits, coverage, or endorsements throughout the term of the Agreement.
10. 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 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 VENDOR.
11. 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.
12. 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.
13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the 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 shall not constitute a waiver of any other provision.
15. TERMINATION.
A. Termination for Convenience.This Agreement may be terminated by the CITY for convenience,
upon thirty(30)days of written notice by the terminating party to the other party for such termination
in which event the VENDOR shall be paid its compensation for services performed to the
termination date, including services reasonably related to termination. In the event that the
VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the
CITY against loss pertaining to this termination.
B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall
be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe
any of the terms, provisions,conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such
neglect or failure.
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 shall be sent to the following address:
Daniel Dugger, City Manager
City of Boynton Beach
100 E.Ocean Avenue
Boynton Beach, FL 33435
Notices to VENDOR shall be sent to the following address:
Michael Novatka
Oceanside Beach Service, Inc.
P.O. Box 13018
North Palm Beach, FL 33408
Info c(r�beachservice.com
18. 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.
19. 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 VENDOR 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 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, 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
D. 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.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVE.
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CITYCLERK@BBFL.US
20. 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
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.
21. 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.
A. Definitions for this Section:
i. "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.
ii. "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.
iii. "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.
B. 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:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
ii. All persons(including sub-vendors/sub-consultants/sub-contractors)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
iii. 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
this provision 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.
22. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign
immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of
sovereign immunity or under section 768.28, Florida Statutes.
23. DISPUTES. Any disputes that arise between the parties with respect to the performance of the
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.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
"This Agreement will take effect once signed by both parties. This Agreement may be signed by
the parties in counterparts which together shall constitute one and the same agreement among the parties.
A facsimile signature shall constitute an original signature for all purposes."
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:
DATED this day of ` �eY1r , 2023.
CITY OF BOYNTON BEACH OCEANSIDE B 'CH SERVICE, INC.
Ar OW,
Daniel Dugger, City Manage (Signature), ompany
•rint Name of Au horized O ficial elL
Title
(Corporate Seal)
Attest/Authenticated:
W itn s
Print Name
Approved as to Fo[tn:
David N. Tolces
Interim City Attorney
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Maylee De J-s $� pRP r
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