R97-175RESOLUTION R97-/,?.,4'"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A RENEWAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH (CITY)
AND SAN FRANCISCO PUFFS & STUFF, 1NC.,
(CONCESSOINAIRE) AWARDING ALL THE FOOD
AND BEVERAGE RIGHTS FOR THE G.A.L.A. EVENT
SCHEDULED FOR MARCH 2(], 21 AND 22, 1998, TO
SAID CONCESSIONAIRE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on November 18, 1996, the City awarded bid No. 010-
721-97/CJD to San Francisco Puffs & Stuff, Inc., which agreement expires
November 18r 1997; and
WHEREAS, the parties hereto mutually agree that the said
Agreement should be extended for a period of one year, to November
18, 1998, which period encompasses the G.A.L.A. event scheduled to be
held on March 2(], 21 and 22, 1998;
NOWr THEREFOREr BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to
execute a renewal Agreement between the City of Boynton Beach and
San Francisco Puffs & Stuff, Inc., extending the current Agreement for a
period of one year to November 18, 1998. A copy of the renewal
Agreement is attached hereto as Exhibit
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this .~,~/day of
ATTEST:
'Ci~ Clerk
,~ Mayor
G"'omm~sion~r /"~ ,3
Co~mm~r ~'~~~
AGREEMENT
THIS AGREEMENT made this day of
, between SAN FRANCISCQ
PUFFS & STUFF, INC. (hereinafter referred to as "CONCESSIONAIRE) and CITY OF
BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agree to the
following: WltEREAS, CITY agrees to renew the bid awarded to Concessionaire on November
18, 1997. BID #010-721-98/CID
WHEREAS, CONCESSIONAIRE has been awarded all the food and beverage rights for
the G.A.L.A., scheduled for March 20, 21, and 22, 1998 to be located on East Ocean Avenue
between US #1 and the intracoastal, Boynton Beach Florida according to the following conditions
as submitted in the CONCESSIONAIRE'S bid document:
1. CONCESSIONAIRE is responsible for all food vendor site planning, booth
.....construction, set up, and clean up and steam clean cooking area after the event.
CONCESSIONAIRE will provide between ten (10) and fffieen (15) professional
food vendors offering a variety of menu items. Concessionaire will include as many
local restaurants as possible. With G.A.L.A. Committee approval, the
CONCESSIONAIRE may, in addition, utilize snack carts to supplement vendor
stands.
CONCESSIONAIRE will provide between five (5) and ten (10) local, non-profit
organizations to serve as food vendors. The G.A.L.A. Committee shall provide a
roster of such organizations who have previously participated and who shall be given
first fight-of-refusal privileges for 1998.
The non-profit organizations (excluding any organization bidding on this project) shall
retain 100% of their gross revenue and their entry fee shall be $125.00.
CONCESSIONAIRE shall utilize non-profit organization members as cashiers where
possible and pay a minimum wage of $7.00 per hour for such services.
6. CONCESSIONAIRE shall contract for ice service for all concession operations.
CONCESSIONAIRE shall pay the CITY 100% of the non-profit emry fee and
provide a complete listing of all entries and the total of listed entry feos~ollected.
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10.
12.
13.
14.
15.
16.
CONCESSIONAIRE will provide fifteen (15) 10ft. x 10ft. tents with sides for use by
the G.A.L.A. Committee (not vendors).
CONCESSIONAIRE will serve beverages such as ice tea, coffee, lemonade and fruit
punch. NO SODA.
CONCESSIONAIRE will provide thirty (30) round picnic tables, one hundred-twenty
(120) chairs, fifteen (15) umbrellas as indicated below:
Food Court Area:
15 round picnic tables
60 chairs
15 umbrellas
Hospitality Tent:
15 round picnic tables
60 chairs
CONCESSIONAIRE will provide coffee, heated danish, cream, sugar, sweet-n-low,
cups, napkins for 350 people per day for all three (3) days, March 20, 21, 22, 1998
(6 a.m. - 12 p.m.).
CONCESSIONAIRE shall pay the City 31% of gross food sales, less sales tax, and
provide the City with a complete, daily accounting report of the gross receipts of the
concession operations.
CONCESSIONAIRE shall be available to. meet with the G.A.L.A. Committee to
discuss program format or any other pertinent information.
CONCESSIONAIRE shall assume the responsibility for all permits for all food
vendors as required by the Palm Beach County Health Department.
CONCESSIONAIRE shall provide a list of potential vendors no later than February
20, 1998, along with a sample menu for the Committee's review and approval.
CONCESSIONAIRES shall procure and maintain for the duration of the agreement
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the Concessionaire's operation. The cost of such insurance
shall be borne by the concessionaire.
orker s Compensation: If Concessionaire falls under the State of Florida's
Worker's Compensation Law, coverage shall be provided for all employees.
The coverage shall be for statutory limits in compliance with the applicable
state and federal laws. The policy must include Employer's Liability with a
limit of $100,000 each accident.
Comprehensive General Liability: Coverage shall be provided for all
employees. The coverage shall be for statutory limits in compliance with the
applicable state and federal laws. The policy must include employer's Liability
witha limit of $100,000 each accident. Limits of coverage shall be based on
the operation and exposure at hand. Minimum acceptable coverage limits
shall be $1,000,000.00.
Business Auto Policy: Not required unless there is a specific relationship to
the contract. The same limits listed under Comprehensive General Liability
shall apply. This. shall include Owned Vehicles, Hired .and Non-owned
Vehicles, and Employee non-ownership.
Deductibles and Self-Insured Retention: Any deductibles or self-insured
retentiOn.must be declared to and approved by the City. At the option of the
City; .either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as ~respects the City, its Officers, Officials, Employees or
Volunteers; or the CONCESSIONAIRE shall procure a bond quaranteeing
payment of losses and :related investigation, claims administration and defense
expenses.
THE POLICIES ARE TO' CONTAIN OR BE ENDORSED TO CONTAIN THE
FOELOWING PROVISIONS:
The City of Boynton Beach, its Officers, Officials, Employees and Volunteers
shall be included as an,Additional Insured on both the Comprehensive General
Liability and Business Auto Liability Policies. The coverage shall contain no
limitations on the scope of protection afforded to the City, its Officers,
Employees or Volunteers.
An appropriate Hold Harmless Clause shall be inclUded: NOTE: If it is
determined by the City Manager that the purchasing of insurance is not
required, the user MUST still sign an approved Hold Harmless Clause
relieving the City of any and all legal liability.
go
Current, valid insurance policies meeting requirements herein identified shall
be maintained during the duration of the named project and shall be endorsed
to state that coverage shall not be suspended, voided or cancelled by either
party, reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail, remm receipt requested, has been given to the
City.
It shall be the responsibility of the CONCESSIONAIRE or insure that all
Sub-lessees/Users comply with the same insurance requirements that he is
required to meet.
17.
18.
19.
20.
21.
22.
CONCESSIONAIRE shall inform his insurer to furnish, directly to the City
of Boynton Beach, Certificates of Insurance with original Endorsements
affecting coverage required within. The Certificates and Endorsements for
insurance policies are to be signed by a person authorized by that insurer to
bind coverage on its transmittal correspondence displaying insurer's
letterhead. Certificates are to be received and approved by the City before
activity commences. The City reserves the right to require complete copies
of all required insurance policies at any time.
CONCESS ONAIRE S insurance coverage shall be primary insurance as
respect to the City, its Officers,, Officials, Employees and volunteers. Any
insurance of self-insurance maintained by the City shall be excess of the
CONCESSIONAIRE'S insurance and shall not contribute to it.
The CITY reserves the right to renewthis contract for two (2), one (1) year renewals,
with vendor approval, for the next G.A.L.A. or any other function which may require
food Concessionaires.
CONCESSIONAIRES shall provide to the City, as apart of the bid, a list of festivals,
fairs and shows (including prior G.A.L.A. food and beverage experience) for which
they have served as Concessionaire in the past. four (4) years to include the name,
address and phone number of the person or persons with whom they have
contracted.
CONCESSIONAIRE will sponsor Five Hundred Dollars ($500.00) toward the
G.A.L.A. Youth Art Exhibit.
CONCESSIONAIRE will provide a twenty foot (20') by thirty foot (30') pole tent to
the G.A.L.A. free of charge to be used for the G.A.L.A. during the event, as the
G.A.L.A. deems fit.
In keeping with the G.A_L.A. "All American"' Theme, the CONCESSIONAIRE shall
provide all Red, White and Blue food tents, also white picket fences to enclose the
food area.
CONCESSIONAIRE shall provide (20) 10 ff x 10 ft. white tents with sides to be
rented for $50.00 each by the G.A.L.A. Committee.
IN WITNESS WHEREOF, The parties hereto have caused this agreemem to be executed
as of the day and year first above-written, in one (1) coumerpart of which shall for all purposes be
deemed the original.
ATTE ST:
CITY OF BOYNTON BEACH
PAI,MBEACH COUNTY, FLORIDA
By
CONTRACTOR
TITLE
(CORPORATE SEAL)
AUTHORIZED OFFICER
CONTRACT DOCUMENTS;
Approved as to cgrreqm~4sAnd form~
CITY ATTORNEY