R11-075
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2 RESOLUTION NO. Rll- 075
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4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE EXECUTION BY THE
7 INTERIM CITY MANAGER OF A FOOD CATERING
8 SERVICES AGREEMENT BETWEEN THE CITY OF
9 BOYNTON BEACH AND B & J CATERING, INC.,
10 D/B/A CULINARY SOLUTIONS TO PROVIDE
11 MEALS FOR CITY EMPLOYEES IN THE EVENT OF
12 A HURRICANE; AND PROVIDING AN EFFECTIVE
13 DATE.
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15 WHEREAS, the City is seeking to obtain serVices to provide food for City
16 employees who respond to the aftermath of a hurricane event; and
17 WHEREAS, staff contacted five (5) caterers and received proposals from three (3)
18 of those contacted; and
19 WHEREAS, the proposals were reviewed by staff and it was determined that the
20 B & J Catering, Inc., d/b/a Culinary Solutions was the most responsive responsible
21 proposer that met all the criteria.
22 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct.
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Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
27 approves and authorizes the execution by the Interim City Manager of a Food Catering
28 Services Agreement between the City of Boynton Beach and B & ] Catering, Inc., d/b/a
29 Culinary Solutions to provide meals for City employees in the event of a hurricane, a copy of
30 the Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Reso - Approve hurricane meals contract 2011.doc
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Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this ,q day of July, 2011.
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CITY OF BOYNTON BEACH
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S:\CA\RESO\Agreements\Reso - Approve hurricane meals contract 2011.doc
R 11- D'S"
FOOD CATERING SERVICES AGREEMENT
THIS FOOD CATERING SERVICES AGREEMENT ("Agreement"), made and entered
into this ~ day of~ ~t 2011, by and between:
CITY OF BOYNTON BEACH, a Florida municipal corporation of
Florida, having the principal address of 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33425 ("City"),
and
B & J CATERING, INC., d/b/a CULINARY SOLUTIONS,
having the principal business and corporate address of, 1470 S.W.
8TH STREET, BOYNTON BEACH FL. 33426. ("Vendor")
WIT N E SSE T H:
WHEREAS, the City desires to enter into this Agreement with Vendor in order to insure
that City employees are provided with meals in the event a hurricane impacts the City of
Boynton Beach; and ,
WHEREAS, the City has determined that it can best provide services to its citizens and
residents following a hurricane if it can insure its employees that they can receive meals on a
daily basis; and
WHEREAS, the Vendor desires to provide meals to the City employees pursuant to this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
expressed, and of the faithful performance of all such covenants and agreements, the parties
agree as follows:
1.0 Catering Services. The Vendor agrees to provide food catering services to City
employees, subject to the terms and conditions of this Agreement, following a hurricane
that impacts the City.
2.0 Term. The Term of this Agreement shall be from July 20, 2011 until December
31, 2011. The term may be extended by written agreement signed by both parties.
3.0 Vendor's Obligations and Responsibilities.
3.1 Vendor shall provide the following services:
3.1.1 Vendor shall provide meals to City employees pursuant to the
schedule and pricing contained in Exhibit "A", which is attached hereto
and incorporated herein by reference. Tickets shall be issued to
employees for meals as follows: Blue tickets for breakfast; white tickets
for lunch; and red tickets for dinner and late dinner.
3.1.2 Employees coming off the night shift will be able to eat lunch
during the breakfast sitting
3.1.3 Vendor shall provide the City with telephone numbers for the
Vendor's representatives so that the City may communicate with the
Vendor prior to, during, and after the hurricane.
3.1.4 Vendor shall take all necessary steps to insure that a sufficient
quantity of meals are promptly made available to the City employees once
it receives a request from the City to provide the meals pursuant to this
Agreement.
3.1.5 Vendor must provide sufficient food to serve no less than 500
employees. The number of employees could increase due to the severity
of the storm. Vendor agrees to accommodate such increased number.
4.0 City's Obligations and Responsibilities.
4.1 City Of Boynton Beach shall have the following responsibilities and
obligations pursuant to this Agreement:
4.1.1 To contact the vendor once a hurricane warning is issued, and the
City determines that the food catering services will be necessary.
4.1.2 Once an "all clear" is issued, it will be the responsibility of the
City to set up the tables and chairs in the area where the food
catering services will be provided.
4.1.3 To control and pass out blue, white and red tickets to City
employees.
4.1.4 Pay the Vendor based upon the number of tickets collected by the
Vendor. The City will only pay the Vendor for food actually
served to City Employees, as evidenced by the Vendor's receipt of
tickets from employees served a meal. The City is not responsible
for the payment of any costs if food is purchased by the Vendor,
but never served to City Employees.
4.1.5 Provide the Vendor with the telephone numbers for the City's
representatives and any alternate representatives.
4.1.6 Assign City employees to the Civic Center to provide assistance
for set-up and clean up of the area where the food services will be
provided.
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4.1.7 If the Civic Center generator is inoperable, provide a backup 5550
generator.
5.0. Indemnification. Vendor agrees to so conduct its activities and the activities of its
agents, employees, and subcontractors, so as not to endanger any person, and to
indemnify and hold harmless the City, its officers, agents and employees from and
against all claims, suits, actions, damages, liabilities, expenditures or causes of action of
any kind arising out of or in any way connected to activity or inactivity of Vendor, its
agents, employees, or subcontractors, and resulting or occurring from any negligent act,
omission or error of Vendor, its agents, employees, or subcontractors, resulting in or
relating to injuries to body, life, limb or property sustained as a result of activities
associated with this Agreement, or arising out of the use of said premises by Vendor, its
agents, employees, or subcontractors. City shall not be responsible for any property
damage or bodily injury sustained by Vendor, its employees, agents, or subcontractors for
any cause whatsoever, prior, during, or subsequent to the period of time during which this
Agreement is in effect.
6.0. Insurance. Please see Exhibit B.
7.0. Compliance with Laws. Vendor shall comply with all laws of the United States,
and of the State of Florida, all ordinances of the City of Boynton Beach, all rules and
requirements of the Police, Fire Departments, or other municipal authorities of the City of
Boynton Beach, and any other applicable local laws, ordinances and regulations and will
obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be
done, anything on said premises during the terms of this Agreement in violation of any
such laws, ordinances, rules or requirements, and if the attention of said Vendor is called
to any such violation on the part of the said Vendor, or any person employed by or
admitted to the said premises by said Vendor, such Vendor will immediately desist from
and correct the violation.
8.0. Non-discrimination. Vendor shall not discriminate in the delivery of services
under this Agreement against any person because of race, creed, color, religion, sexual
preference or n~tional origin.
9.0. Non-exclusive Agreement. This Agreement is non-exclusive.
10.0. Independent Contractor. This Agreement shall not be construed as creating any
joint employment or employer-employee relationship between Vendor and City. Vendor
and City agree that Vendor is an independent contractor under this Agreement. Neither
Vendor nor any' employee of the Vendor shall be entitled to any benefits accorded city
employees by virtue of the provision of services 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.
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11.0. Termination of Agreement.
11.1 City may terminate this agreement at any time for any reason whatsoever,
including convenience, discourteous actions or behavior towards patrons, poor
quality vending or consumables, failure to cooperate with City staff, actions bringing
discredit to the City, the Vendor being involved in an illegal activity, or a breach of
any provision of this Agreement.
11.2 The cancellation or termination of this Agreement shall not relieve Vendor
of any liabilities or obligations hereunder which shall have accrued prior to the
effective date of cancellation or termination.
12.0. Assignment of Agreement; Amendment. Vendor shall not assign, transfer, or
otherwise encumber this Agreement, or any part thereof, in any manner without the prior
written consent of the City endorsed hereon. It is further agreed that no modification,
amendment, or alteration in the terms and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith.
13.0. Other Business. Vendor shall not undertake or participate in any business, exhibit
or activity on the Event site other than herein specified. The activities described herein
shall not be presented by any name or description other than that hereinabove designated,
nor shall Vendor use any name other than that stated in this Agreement in the
performance of its activities without the prior written consent of City.
14.0. Extent of Agreement. That all terms and conditions of this written Agreement
shall be binding upon the parties, their heirs or representatives, and assigns, and cannot
be varied or waived by any oral representations or promise of any agent or other person
of the parties hereto, unless the same be in writing and mutually signed by the duly
authorized agent or agents who execute this Agreement.
15.0. Waiver. Failure of the City to insist upon strict performance of any covenant or
condition or this Agreement, or to execute any right herein contained, shall not be
construed as a waiver or relinquishment for the failure of such covenant, condition, or
right, but the same shall remain in full force and effect.
16.0. Governing Law; Venue. This agreement shall be governed by the laws of the
State of Florida with venue for purposes of any litigation lying in Palm Beach County,
Florida.
17.0. Severabilitv. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of
the Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and shall be enforced to the fullest
extent permitted by law.
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IN WITNESS QF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY OF BOYNTON BEACH
ATTEST:
ByA~~
Lori La V erriere, Interim City Manager
By:
ty Attorney
Signed, Sealed, and delivered B & J CA TERlNG , INC.
In the presence of: d/b/a CULINARY SOLUTIONS
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(~-ct(i, .7r:~ 1-4';;/ t BY: /~ '1
! Print N'ame: -
f~>J~ flC't~4h/n J/tJt-fe) r ".It l fW),J/-
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Title: 1'1"t.5 .
Print Na '-..
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-______ / CC1.... K ... ~t1.iJ . .
(CORPORA TE SEAL)
ATTEST:
Secretary
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
atrowledgments, personally appeared -.:JJ4-"!1t~.s a u. I L 13 'E/l-i1 eras
f\t"5;1ut-i JL -1- , of B & J CATERING, INC., d/b/a CULINARY SOLUTIONS., an
organization authorized to do business in the State of Florida, and acknowledged executed the
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foregoing Agreement as the proper official of B & J CATERING, INC., d/b/a CULINARY
SOLUTIONS, for the use and purposes mentioned in it and affixed the official seal of the
corporation, and that tne instrument is the act and deed of that corporation. He/she is personally
known to me or has produced ~L- - /)/(; //t!;e~) LI C!..~ as identification.
IN WITNESS OF THE FOREGOING, I have 11 my hand and official seal at in the State
and County aforesaid on this .;2-.:2 /'./ IJ day of 0u vtl- j ;- , 2011.
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-/l/L/[1/ / ( ..1lc-
TARY PUBLIC if. !JL.t
NOTARY PUBUC-STATE OF noRmA -rli t/ iH
it Judith A. Pyle
My Commission Expires: G )Commission #DD870304
........... Expires: APR. 21, 2013
BONf)W THRU ATLANTIC BONDING co.,INe.
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EXHIBIT" A"
1. Menu
. Please state your menu below. Please ensure the meals will be served
as to not serve the same meal in consecutive days. The number of
people served varies from 50 to 200 per meal per day.
Breakfast Lunch Dinner & Later Dinner
Day 1 Day 1 Day 1
Ham, Egg and Cheese Croissant Sandwich or Wrap Chicken Marsala with Pasta
With side and chips
Day 2 Day 2 Day 2
Bacon, Egg and Cheese Bagel Grilled Chicken Caesar Salad Chicken Francias with Potato
Day 3 Day 3 Day 3
Western Omelet Sandwich Tuna, Egg or Chicken Salad Ham with Sweet Potato
Served with Vegetables
Day 4 Day 4 Day 4
Ham, Egg and Cheese Croissant Chef Salad Yankee Pot Roast
DayS DayS DayS
Bacon, Egg and Cheese Bagel Sandwich or Wrap Baked Ziti with Meatballs
With side and chips
Day 6 Day 6 Day 6
Western Omelet Sandwich Gril1ed Chicken Caesar Salad Chicken Marsala with Pasta
Day 7 Day 7 Day 7
Ham, Egg and Cheese Croissant Tuna, Egg or Chicken Salad Chicken Francias with Potato
2. Pricing
. Breakfast
1. Boxed $3.50
. Lunch
1. Boxed $5.00
. Dinner Late Dinner
1. Hot $6.00 1. Hot $6.00
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3. Hours
. Breakfast 7am to 9am
. Lunch 12pm to 2pm
. Dinner 6pm to 8pm
. Late Dinner 10pm to 12am
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Exhibit B
INSURANCE
1. It shall be the responsibility of the successful bidder to maintain workers' compensation
insurance, property damage, liability insurance and vehicular liability insurance during
the duration of this contract.
2. The successful .bidder shall secure and maintain in force, throughout the duration of this
contract, comprehensive general and automobile liability insurance with a minimum
coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury;
$1,000,000 per occurrence/aggregate for property damage; and, professional liability
insurance in the amount of $1 ,000,000 (all professional contract services).
3. Said general liability policy shall name the City of Boynton Beach as an additional
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) daysprior written notice to the City.
4. The successful bidder shall secure and maintain in force throughout the duration of this
contract workers' compensation insurance to statutory limits.
5. The successful bidder shall furnish the City with a certificate of insurance after award has
been made prior to the start of any work for the City. Said insurance companies must be
authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest
edition.
6. Reference Insurance Advisory Form (Attachment A) for additional types of insurance
and limits required. The City reserves the right to require additional types of insurance,
or to raise or lower the stated limits, based upon identified risk.
RM/ Ins Contract Language Oi.doc
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ATTACHMENT A
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages I isting the City of Boynton Beach
as Additional Insured. This is done by providing a Certiticate of Insurance listing the City as "Certiticate Holder" and "The City of Boynton
Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by
A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance i/Certi/icate is provided upon
selection of vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City.
(NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the
stated limits. based upon identified risk.)
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TYPE (Occurrence Based Only) MINIMUM LIMITS REQlJlRED
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General Liability General Aggregate $ 1,000,00000
Commercial General Liability Products-Comp/Op Agg. $ ] ,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,00000
Professional Liability Fire Damage (anyone tire) $ 50,000.00
Employees & Officers Med. Expense (anyone person) $ 5,00000
Pollution Liabilty
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
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Automobile Liability Combined Single Limit $ 500.000 00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,00000
Non-Owned Autos
PIP Basic
Intermodal
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Garage Liability Auto Only, Each Accident $ 1,000,000 00
Any Auto Other Than Auto Only $ 100,00000
Garage Keepers Liability Each Accident $ 1,000,00000
Aggregate $ 1,000,00000
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Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
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Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,00000
Disease. Policy Limit $ 500,000.00
Disease Each Employee $ 100,00000
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Property
Homeowners Revocable Permit $ 300.00000
Builder's Risk Limits based on Project Cost
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Other - As Risk Identified to be determined
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INS URANCEADVISOR YFORM05 Revised 07/2009
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