Res No. 50-18 RESOLUTION NO. 50-18
A RESOLUTION OF THE QTY OF DELRAY BEACH,
FLORIDA APPROVING AN AGREEMENT WITH DELRAY
INTIZACOASTAL CRUISES, LLC d/b/a DELRAY YACHT
CRUISES FOR THE USE OF THE QTY DOCK;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND TAKE ALL ACTIONS NECESSARY TO
EFFECTUATE THIS AGREEMENT; PROVIDING AN
EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach (City) is authorized to enter into agreements to provide
services,programming and products in accordance with its Charter;and
WHEREAS, the City desires to license the use of the City dock at Veteran's Park for cruises
and/or excursions.
WHEREAS, the City desires to enter into an agreement with Delray Intracoastal Cruises, LLC
d/b/a Delray Yacht Cruses for these services.
WHEREAS,the City Commission deems approval of this resolution to be in the best interest of
the health,safety,and welfare of the residents and citizens of the City of Delray Beach and the public at
large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE QTY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission of the City of Delray Beach has reviewed and hereby
approves this Agreement between the City and Delray Intracoastal Cruises, LLC d/b/a Delray Yacht
Cruses,which is attached to this Resolution as Exhibit A.
Section 3. The City Commission authorizes the City Manager to execute the Agreement and
any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
Section 4. This Resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED in regular session on the Z
±day of , s°' ,2018.
ATTMS , Shelly Petrolia, Y O R
Kate'Johnson, Y Clerk
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Max.Lo , ty Attorney
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CITY OF DELRAY BEACH
100 NW 1 st AVENUE, DELRAY BEACH, FL 33444
AGREEMENT FOR
SOLICITATION NO. 2018-031
LICENSE AGREEMENT FOR USE OF CITY DOCK
DELRAY INTRACOASTAL CRUISES, LLC
d/b/a DELRAY YACHT CRUISES
AGREEMENT
THIS AGREEMENT is hereby made and entered into this jSt day of20 (the
"effective date")by and between the City of Delray Beach,a Florida municipal corpora ion("City"),whose
address is 100 N.W. 1St Avenue, Delray Beach, Florida 33444, and Delray Intracoastal Cruises, LLC d/b/a
Delray Yacht Cruises, a corporation (hereafter referred to as "Contractor"), whose address is 801 East
Atlantic Avenue, Delray Beach, Florida 33483
WHEREAS, the City desires to retain the services of the Contractor to provide the goods and
services in accordance with the City's Invitation to Bid No.2018-031, and the Contractor's response
thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth,
the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID
The terms and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the City's Invitation to Bid No. 2018-031, and the Contractor's response to
the Invitation to Bid, including all documentation required thereunder.
ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES
The Contractor shall provide the goods and/or perform those services identified in the
specifications accompanying the City's Invitation to Bid,which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The Contractor shall pay to the City, in compliance with the Pricing Schedule attached hereto and
incorporated herein,according to the terms and specifications of the referenced Invitation to Bid.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required, contemplated, or
permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
i. As to the City: City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, Florida 33444
Attn: City Manager
Email:
ii. with a copy to: City of Delray Beach
City of Delray Beach Agreement 2
LICENSE AGREEMENT FOR USE OF CITY DOCK
100 N.W. 15t Avenue
Delray Beach, Florida 33444
Attn: City Attorney
Email:
iii. As to the Contractor: Delray Intracoastal Cruises, LLC
d/b/a Delray Yacht Cruises
801 East Atlantic Avenue
Delray Beach, Florida 33484
Attn.:Joseph Reardon,Owner
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b. Headings. The headings contained in this Agreement are for convenience of reference
only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
C. Effective Date. The effective date of this Agreement shall be as of the date it has been
executed by both the parties hereto.
ARTICLE 5. CONTRACT TERM
This term of this Agreement shall be from the effective date through 20J unless
terminated earlier in accordance with terms set forth in the ITB.
(Remainder of this page is intentionally left blank.)
City of Delray Beach Agreement 3
LICENSE AGREEMENT FOR USE OF CITY DOCK
IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written.
CITY OF DELRAY BEACH, FLORIDA
[SEAL]
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Katerri John n, City Clerk
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Max Lo "Cit Attorney
CONTRACTOR
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[SEAL] By:
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me thina�"�L�°�°� day of". �e, j�
2018, b _
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officer or agent), to �r place �� �"C_ (name of corporation acknowledging), a
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City of Delray Beach Agreement 4
LICENSE AGREEMENT FOR USE OF CITY DOCK