Loading...
R01-011RESOLUTION NO. R01-// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING BID#009-2710-01/CJD FOR BEVERAGE CONCESSIONAIRE FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2001 TO KIWANIS CLUB OF BOYNTON BEACH, FLORIDA; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT DOCUMENTS BETWEEN THE CITY OF BOYNTON BEACH AND KIWANIS CLUB OF BOYNTON BEACH, FLORIDA, AND PROVDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the bid for the Beverage Concessionaire for the GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) and CULTURAL FESTIVAL 2001 to Kiwanis Club of Boynton Beach, Florida. NOW, THEREFORE, 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, hereby approves the bid for the Food Concessionaire for the GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL to Kiwanis Club of Boynton Beach, Florida, a copy of that Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this __ day of February, 2001. CITY OF BOYNTON BEACH, Vice Mayor C'cn-anuss~oner C~ssioner Commissioner (BEVERAGE CONCESSIONAIRE) AGREEMENT THIS AGREEMENT made this .day of between KIWANIS CLUB. OF BOYNTON BEACH. hereinafter referred to as "CONCESSIONAIRE) and the CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agrees to the following: WHEREAS, CONCESSIONAIRE has.been awarded the beverage concession rights for G.A.L.A. scheduled for March 16, 17, 18, 2001, to be located at the Intersection of Ocean Avenue and Seacrest Blvd., Boynton Beach, Florida, according to the following conditions as submitted in the CONCESSIONAIRE'S bid document: CONcEsSIoNAIRE awarded the contract shall assume beverage rights based on the following list of specifications. Beverages are defined as soda, bottled water, iced tea, juice drinks, sports drinks only. Due to sponsor agreements, the G.A.L.A. Committee reserves the fight to designate the product/brand sold. CONCESSIONAIRE is responsible for all beverage set-up and clean-up. CONCESSIONAIRE will provide a minimum of three- (3) beverage trailer or stations to be placed at locations which are mutually agreed upon between the CONCESSIONAIRE and the CITY. If beverage trailers are not used, each beverage station shall have a 10' x 10' white canopy tent and clean counter service area. CONCESSIONAIRE will serve only beverages such as soda, bottled water, iced tea, juice drinks, and sports drinks only. CONCESSIONAIRE agrees to store all supplies out of view of event spectators. CONCESSIONAIRE shall pay the CITY a fiat fee of 25% OF THE BEVERAGE NET PROCEEDS. -- In addition, please list anything else you could provide, In-kind or cash, to be considered in this bid evaluatiom ~ PASSED AND ADOPTED this City Clerk (Corporate Seal) Beverage 2001 - 012201 / / / / / day of February, 2001. / / CITY OF BO4N / / Mayor Vice Mayor / Comm/ner / / BEACH, CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. CONCESSIONAI~ shall assume the responsibility for all permits as required by the Palm Beach County Health Department. CONCESSIONAIRES shall procure and maintain for the duration of the agreement insurance against claims for damages to persons or property that may arise from or in connection with the CONCESSIONAIRES operation. The cost of such insurance shall be borne by the CONCESSIONAIRE. Insurance Companies must maintain a B+ rating or higher as determined by A.M. Best Company. a. 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. b. Comprehensive General Liability: Coverages shall be provided for all products and/or services provided by concessionaire. Limits of coverage shall be based on the operation and exposure at hand. Minimum acceptable coverage limits shall be $1,000,000.00. c. Business Auto Policy: Not required unless there is a specific relationship to the contract. If required, the same limits listed under Comprehensive General Liability shall apply. This shall include Owned Vehicles, Hired and Non-owned Vehicles, and Employee non-ownership. d. 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 retention as respects the CITY, its Officers, Officials, Employees or Volunteer; or the CONCESSIONAIRE shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN THE FOLLOWING PROVISIONS: e. T~e CITY of Boynton Beach, its Officers, Officials, Employees and Volunteers shall be included as an Additional Insured on both the Comprehensive General Liability, Business Auto Liability and Umbrella Policies. The coverage shall contain no limitations on the scope of protection afforded to the CITY, its Officers, Employees or Volunteers. 2 Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project and shall be endorsed to state that coverage shah 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. It shall be the responsibility of the CONCESSIONA/RE or insure that al/ Sub-lessees/Users comply with the same insurance requirements that he is required to meet. ho CONCESSIONA/RE shall inform his insurer to furnish, directly to the CITY of Boynton Beach Risk Management Department, 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. i. CONCESSIONAIRE,S insurance coverage shall be primary insurance as respect to the CITY, its Officers, Officials, Employees and Volunteers. Any insurance or self-insurance maintained by the CITY shall be excess of the CONCESSIONAIRE'S insurance and shall not contribute to it. The CITY of Boynton Beach reserves the right to renew this contract for one (1) year, with vendor approval, for future G.A.L.A.'S. CONCESSIONA/RES shall provide to the CITY, as a part of the bid, a list of festivals, fain, and shows (including prior G.A.L.A. 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. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before w~'tten. Signed, sealed and wimessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: /t . . / .xx\\\\Blllll Hlll// FC~' Signed, sealed ~d ~messed Coa~actor ~ ~e preseace of: President or the Vice President Attest as tO Contractor IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of which shall for all purposes be deemed the original. ATTEST: CITY CLERK CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA By MAYOR (CITY SEAL) ATTEST: CONTRACTOR AUTHORIZED OFFICER TITLE (CORPORATE SEAL) Approved as to correctness and form: CQhtTRACT DOCUMENTS: CITY ATTORNEY 4 RECREATION DEPARTMENT MEMORANDUM NO. 01-03 TO: VIA: FROM: DATE: SUBJECT: BilfAtkins, Deputy Director of Financi~/~ervices Wally Majors, Recreation Director//~,~. Bob Howell, Chairperson for GALA Concessions 1/10/01 GALA CONCESSIONAIRE (FOOD &BEVERAGE) Bid#009-2710-01/CJD My recommendation would be to accept the bids from Kiwanis Club of Boynton Beach for beverage and San Francisco Puffs & Stuffs for the food. The beverage & food concessionaires. will apply to The Great American Love Affair (GALA) and Cultural Festival - 2001. RECEIVED ~AN 12200! ~ Pt, JI::ICHASi~ OFFICE