R94-206RESOLUTION NO. R94-.~'~;
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND SAN FRANCISCO PUFFS & STUFFS,
INC., PROVIDING FOR ALL FOOD VENDING FOR
THE G.A.L.A., SCHEDULED FOR MARCH 17, 18 AND
19, 1995; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
a bid from San Francisco Puffs & Stuffs, Inc., (Concessionaire) on Decembe[' 6,
awarding ali the food vending for the G.A.L.A., scheduled for March 17, t 8 and 19,
and
WHEREAS, it is the desire of the City Commission to enter into an AgreemE
between the City of Boynton Beach, Florida and San Francisco Puffs & Stuffs, Inc., a co
of which Agreement is attached hereto as Exhibit "A" and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed
execute am Agreement between the City of Boynton Beach, Florida and San Francis
Puffs & Stuffs, Inc., said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passag
PASSED AND ADOPTED this ~ day of December, 1994.
ATTEST:
Cit~Clerk
Vice ~l'ayo r
Mayor Pro
(Corporate Seal)
G.A.L.A./Foocl
12/16t94
AGREEMENT
SAN
THIS AGREEMENT made this ~x~ day o~~.3'eo,~, between
FRANCISCO PUFFS & STUFFS (hereinafter re~ed to as
"CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"),
hereby stipulated and agree to the following:
WHEREAS, CONCESSIONAIRE has been awarded all the food and beverage rights for
the G.A.L.A., scheduled for March 17, 18, and 19, 1995 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:
CONCESSIONAIRE is responsible for all food vendor site planning, booth
construction, set up, and clean up.
CONCESSIONAIRE will provide between ten (10) and fifteen (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 right-of-refusal privileges for 1995.
The non-profit organizations shall retain 100% of their gross revenue and their entry
fee shall be no charge.
CONCESSIONAIRE shall utilize non-profit organization members as cashiers where
possible and pay an hourly wage of $7.00 for such services.
6. CONCESSIONAIRE shall contract for ice service for all concession operations.
CONCESSIONAIRE shah pay the CITY 100% of the listed enlxy fee and provide a
complete listing of all entries and the total of listed entry fees collected.
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CONCESSIONAIRE will provide twelve (12) 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,~ ;'~sugar, sweet-n-low,
cups, napldns for 350 people per day for all three (3) days, March 17, 18, 19, 1995
(6 a.m. - 12 p.m.).
CONCESSIONAIRE shall pay the (.~ity 31% of gross food sales and provide the City
with a complete, daily accounting report of the gross receipts of the concession
operations.
No alcoholic beverages shall be sold on the G.A.L.A. site or as part of the "Taste of
G.A.L.A." concession program.
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
22, 1995, 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
t?om or in connection with the Concessionaire's'operation. The cost of such insurance
shall be borne by the concessionaire.
Worker'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 should be per occurrence,
combined single limit for bodily injury, personal injury and property damage
liability, including premises and operations.
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: Auto liability shall be required if vehicles are used or
are commercially parked. 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 Retentions: 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
FOLLOI~flNG PROVISIONS:
The City of Boynton Beach, its Officers, Officials, Employees and Volunteers
shah 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.
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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, return receipt requested, has been given to the
City.
ho
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.
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 behalf and transmitted to Risk Management with attached
transmittal correspondence displaying insurer's letterhead. Certificates are to
be received and approved by the City before activity commences. The City
reserves the fight to require complete, copies of all required insurance policies
at any time.
CONCESSIONAIRE'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 renew this agreement, 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 a part of the bid, a list of festivals,
fairs and shows 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 20 ft. x 30 ft. 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 WITNESS WHEREOF, The parties hereto have caused this agreement to be executed
as of the day and year first above-written, in one (1) counterpart of which shall for all purposes be
deemed the original.
.A~TTEST:
CITY CLERK
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
(CITY SEAL)
ATTEST:
TITLE ~' ~_re~7%r~
/
(CORPORATE SEAL)
CONTRACT DOCUMENTS;
CONTRACTOR
AUTHORIZED OFFICER
Approved a~~n~fo~/}///
cITy ATltOt~EY