R02-173 RESOLUTION NO. R 02-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE PROPOSAL OF PARTNER PLUS, INC., FOR THE
THREE-YEAR LEASE FOR CONCESSION
OPERATIONS AT BOYNTON BEACH MUNICIPAL
BEACH, OCEANFRONT PARK, RFP #077-2710-02/KR,
AND APPROVING THE TERMS OF THE LEASE
AGREEMENT; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID AGREEMENT, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 1, 2002, the City Commission approved the acceptance
of a proposal from Partner Plus, Inc., for the concessionaire operations at Boynton Beach
Municipal Beach, Oceanfront Park, and authorized staff to enter into negotiations for a
lease agreement with Partner Plus, Inc.; and
WHEREAS, the City Commission deems it to be in the best interests of the
zitizens and community to approve the award of proposal to Partner Plus, and enter into a
Lease Agreement between the City and Partner Plus, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves thc proposal of Partner Plus, Inc., for the concessionaire operations at
Boynton Beach Municipal Beach, Oceanfront Park, and directs and authorizes the Mayor
and City Clerk to execute a Lease Agreement, a copy of which is attached hereto.
Section 2. That this Resolution shall become effective immediately.
S:\CA\RESO'~,greements\Bid Awards\Proposal Award -Partner Plus.doc
PASSED AND ADOPTED THIS !~" day of October, 2002.
ATTEST:
.¢ ,,o ...._.~: ..... ,, %_
CITY, SF BO.~I~I. TO~ BE~CH, ~FLORIDA
M~yor--., ~ ~ )
/~~ommissioner
Commissioner
S:\CA\RESOV~greements\Bid Awards\Proposal Award -Partner Plus.doc
CONCESSION LEASE AGREEMENT
OCEANFRONT PARK
THIS AGREEMENT, made and entered into this I~" day of
October, 2002, by and between the CITY OF BOYNTON BEACH, FLORIDA,
hereinafter referred to as "CITY", and PARTNER PLUS, INC., a corporation organized
and existing in the state of Florida, hereinafter referred to as "CONCESSIONAIRE."
1. Contract Objectives
The CITY shall grant to the CONCESSIONAIRE, as an independent contractor,
the exclusive right and the CONCESSIONAIRE shall accept from the CITY the
exclusive right to operate within the designated City facility (hereinafter
"Premises"):
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Concessions in order to provide food and beverage services for the daily
use of residents and visitors to Boynton Beach Mumcipal Beach Park,
located at 6415 N. Ocean Boulevard, Ocean Ridge, Florida.
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The CONCESSIONAIRE agrees to sell on the concession site food and
beverages as allowed by the Town of Ocean Ridge variance granted to the
CITY for the exclusive use by residents and visitors to the Boynton Beach
Municipal Beach at Oceanfront Park.
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CONCESSIONAIRE shall perform the services identified in Exhibit "A",
which is attached hereto and made a part hereof, including the provision of
all labor, materials, equipment, and supplies necessary to perform such
services.
This Agreement is entered into as a result of the solicitation for bids and
the response by CONCESSIONAIRE under the "RFP for Three-Year
Lease for Concession Operations at the Boynton Beach Oceanfront Park,"
RFP//077-2710-02/KR., said RFP and response by CONCESSIONAIRE
dated August 28, 2002, are specifically made a part of this Agreement. In
the event of a conflict between the documents constituting this Agreement,
the following order of precedence shall apply:
1. This Agreement and Exhibits "A" and .....
2. Response to RFP#077-2710-02/KR submitted by
CONCESSIONAIRE and dated August 28, 2002; followed by
3. RFP#077-2710-02/KR.
Beach Concession 2002 1
Rev. 09-25-02
2. Leasehold Premises
CITY agrees to lease to CONCESSIONAIRE a portion of the designated CITY
facility located at the Boynton Beach Municipal Beach at Oceanfront Park and
more particularly described, as "the concession building, located on the central
boardwalk within Oceanfront Park, is a wooden structure of approximately 260
square fee ("Premises"). The structure is designated as the "snack bar," and is
owned by the City of Boynton Beach, Florida and operated for the selling of food
and beverages for beach patrons.
3. Term of Lease
This Lease Agreement shall have a term of three (3) years, beginning on
November 1, 2002, unless sooner terminated as otherwise provided in Section 8
of this Agreement. Upon the mutual consent of the CITY and the
CONCESSIONAIRE and a determination by CITY of adequate performance, and
upon the same terms and conditions, this Agreement may be extended for two
additional terms of one year each. Any extension shall be evidenced by an
Extension of Agreement, approved by the City Commission of CITY, and
executed by the parties.
4. Compensation
The CONCESSIONAIRE agrees to pay the CITY the monthly rental fee in
accordance with the schedule more particularly set forth in Exhibit "B", attached
hereto and made a part hereof for the term of the Agreement. Said payment shall
be made in advance and received by the City on or before the 1st day of each and
every month. A late fee in an amount equal to 15% of the monthly rate will be
charged each month for payments received after the 5th day of each month. Any
payment not received by the 25th day of the month shall be subject to an additional
15% late fee and shall be grounds for termination of the Agreement.
5. Insurance
The CONCESSIONAIRE agrees to indemnify and save harmless the
CITY from all suits, claims, damages, and actions of any kind or nature of
injury arising out of the acts, omissions and negligence
CONCESSIONAIRE, its agents, servants, employees, contractors and
suppliers, arising out of its operation under this Lease Agreement.
Beach Concession 2002 2
Rev. 09-25-02
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The CONCESSIONAIRE shall secure and maintain for the duration of this
Lease the following insurance coverages:
Comprehensive general liability in the minimum amount of One
Million ($l,000,000) Dollars per occurrence and One Million
($1,000,000) Dollars aggregate for personal injury; and One
Million ($1,000,000) Dollars per occurrence/aggregate for property
damage. The liability policy shall specifically name the City as
additional insured.
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Property damage to the full insurable value of all property involved
in the Lease Agreement.
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Workers Compensation Insurance in full compliance with the State
of Florida Workers Compensation Law.
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Fire, Theft, Vandalism and Extended Coverage in a sufficient
amount to insure CONCESSIONAIRE for such loss to its own
equipment and that of its suppliers which CONCESSIONAIRE
shall elect to place or install on the Premises. Such a policy shall
contain standard waiver of subrogation clause and a certificate of
such endorsement shall be furnished to the CITY.
All policies of insurance shall be issued by insurance companies licensed
to do business in the State of Florida and having a current rating by A.M.
Best Co. of "B+" or better. All policies shall contain an endorsement
providing the Risk Manager of the CITY at least thirty (30) days prior
written notice in advance of any material alteration of cancellation of said
policies. Certificates of Insurance shall be provided to the Risk Manager
of CITY prior to the commencement of the term of this Lease Agreement.
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General Conditions
CONCESSIONAIRE shall pay CITY a security deposit in the amount of
One Thousand and 00/100 ($1,000.00) Dollars prior to the effective date
of this Lease agreement, which will be returned to CONCESSIONAIRE at
the end of the Lease term, without interest, upon a determination by the
CITY Parks and Recreation Director that CONCESSIONAIRE fulfilled all
terms of the Lease and left the Premises in the same condition as the
Premises were in at the beginning of the Lease term, normal wear and tear
excepted.
Beach Concession 2002 3
Rev. 09-25-02
The CONCESSIONAIRE shall be open for operation seven (7) days per
week under the following schedule: 10:00 A.M. to 5:00 P.M. with the
option to expand hours to include 9:00 A.M. to 6:00 P.M. This schedule
shall be strictly adhered to by CONCESSIONAIRE, unless permission to
close early is granted by the chief City official on duty at the beach during
the time in question. Expanded hours are at the discretion of the
CONCESSIONAIRE. Total available hours are subject to the rules and
regulations of the Town of Ocean Ridge. Exact times of opening and
closing may have seasonal variations if approved by the City Manager.
Hours of operation shall be consistent and strictly adhered to by
CONCESSIONAIRE.
The CONCESSIONAIRE shall be responsible for prompt and full
payment of all utility bills related to the CONCESSIONAIRE operation.
These utilities include, but not limited to electric service, water and sewer
service, sanitation and gas.
Assignment. The CONCESSIONAIRE shall not assign or transfer its
rights and privileges granted under this lease agreement, either in whole or
in part, without first obtaining the written consent of the City Manager.
Destruction of Premises. In the event that the concession site is destroyed
or damage by fire or other casualty so as to render untenable, the Lease
Agreement shall be suspended until such time as the premises are rendered
again tenable. If the CITY elects not to render the premises tenable again,
it shall notify the CONCESSIONAIRE and, upon furnishing such notice,
this Lease Agreement shall be terminated.
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Compliance with Laws. CONCESSIONAIRE shall, in the performance of
the services contemplated in this Agreement, faithfully observe and
comply with all federal, state, and local laws, ordinances, rules, and
regulations in any way applicable to the services to be rendered under this
Agreement.
Temporary Improvements to Facility. The CONCESSIONAIRE shall
have the right to improve the facilities subject to the approval of the City
Manager. The CONCESSIONAIRE, at his or her own expense, may
install a security alarm system upon approval from the CITY. All such
improvements shall meet all applicable codes and shall be of a temporary
Beach Concession 2002 4
Rev. 09-25-02
nature, and shall be paid for, erected and removed by the
CONCESSIONAIRE at the termination of this Lease Agreement.
Exclusivity. The CITY shall not operate any additional competing
concessions at the Boynton Beach Municipal Beach Park or at any
additional adjacent property acquired by the CITY without the
Concessionaire's approval and without the CONCESSIONAIRE having
the first option as to additional operations.
The CITY reserves the fight as themselves or any organization granted
powers as their agent to sell food and beverages for special community
event programs of short duration (one to three days each) as scheduled by
the CITY.
Waiver of Damages. The CONCESSIONAIRE hereby expressly waives
any and all claims for compensation for any and all damage sustained by
reason of any defect, deficiency, or impairment of the water supply system,
drainage or heating systems, steam pipes, electrical wires leading to the
concession areas, or by reason of any loss resulting from failure of any
water supply, heat or current which may occur from time to time from any
cause, or for any loss resulting from water; for any loss, damage or claim
resulting from the cancellation, interruption or termination by the CITY
for any reason of any event scheduled for public or private attendance at
the concession site; and the CONCESSIONAIRE hereby expressly
releases and discharges the CITY and its agents from any and all demands,
claims, action and cause of actions arising from any of the causes
aforesaid, including negligence. The CONCESSIONAIRE shall and
hereby does release the CITY from all liability for the loss or damage of
merchandise, goods, equipment or any other property of whatsoever kind
of the CONCESSIONAIRE or any of his/her suppliers caused by fire,
theft, water, storm, windstorm, vandalism, or any other causes whatsoever,
including negligence.
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Delivery of Supplies. The CONCESSIONAIRE shall arrange for the
delivery of supplies used by it at the concession site/Premises at times and
in a manner so that such deliveries do not create congestion or undue
interference with the regular operation and maintenance of the site.
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Advertising Materials. Signs, advertising materials, posters and other such
material used by the CONCESSIONAIRE, shall be subject to the approval
of the City Manager.
Beach Concession 2002 5
Rew 09-25-02
The CONCESSIONAIRE shall make every effort to assist the CITY in
keeping the area free from debris and litter, and shall be responsible for
keeping the Premises clean and free from debris and litter.
Food and beverages sold by the CONCESSIONAIRE are restricted to the
products below by the Town of Ocean Ridge:
Hot dogs (not fried)
Condiments for above
Prepackaged sandwiches
Prepackaged potato chips, peanuts, etc.
Candy
Hamburgers (not fried)
Condiments for above
Prepackaged bakery goods
Ice cream, ice cream bars and other diary products
Soft drinks, coffee and tea
No
Anti-discrimination Clause. The CONCESSIONAIRE shall not
discriminate against any employee or applicant for employment in the
performance of this Lease Agreement, with respect to hire, tenure, term,
condition or privileges of employment because of race, color, religion,
national origin, ancestry, marital status, sexual orientation, age or
disability.
Modification and Amendments. No modifications or amendments to this
Lease Agreement shall be valid unless reduced to writing and signed by
both parties.
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Integration of All Agreements and Understandings. This Lease Agreement
contains the entire agreement between the CITY and
CONCESSIONAIRE. All prior agreements and understandings whether
written or oral are fully abrogated and of no further force and effect from
and after the date of this Lease Agreement.
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Governing Law. This Lease Agreement under terms, conditions and
covenants contained in is shall be govemed and construed in accordance
with the laws of the State of Florida.
Beach Concession 2002 6
Rev, 09-25-02
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Litigation. In connection with any litigation arising out of this Lease
Agreement, the prevailing party shall be entitled to recover all costs
incurred, including reasonable attorney's fees.
Independent Contractor. The CONCESSIONAIRE and the CITY agree
that the CONCESSIONAIRE is an independent contractor with respect to
the services provided under this Agreement. Nothing herein shall be
considered or interpreted to create and employer-employee relationship
between the parties to this Lease Agreement. Neither
CONCESSIONAIRE nor any employee of CONCESSIONAIRE shall be
entitled to any benefits accorded City employees by virtue of the services
provided 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, otherwise
assuming the duties of an employer with respect to CONCESSIONAIRE,
or any employee of CONCESSIONAIRE.
7. Financial Operations
The CONCESSIONAIRE shall pay promptly all taxes, excise or licensee
fees of whatever nature, applicable to this operation, and take out and keep
current all licenses, municipal, state or federal, required for the conduct of
business, and further, shall not permit any of said taxes, excise or license
fees to become delinquent. The CONCESSIONAIRE shall not permit any
mechanics or materialmens or other lien to be imposed upon the lease
property for any work or labor performed.
The CONCESSIONAIRE shall make available, upon request, duplicate
receipts or other satisfactory evidence showing the prompt payment of the
social security, unemployment compensation and all taxes and fees above
referred to, and showing that the said workers compensation insurance and
all required licenses are in good standing. The CONCESSIONAIRE shall
pay promptly when due all bills, debts and obligations incurred in
connection with the operation of the concession and shall not permit same
to become delinquent and suffer no lien, mortgage, judgment, execution or
adjudication in bankruptcy which will in any way impair the rights of the
CITY under this Agreement.
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Accounting to the CITY. The CONCESSIONAIRE shall keep a true and
accurate account of all monies received through the operation of the
concession herein granted and shall, on itemized statement showing all
Beach Concession 2002 7
Rev. 09-25-02
monies received during the calendar month immediately preceding.
Monthly reports for the preceding month shall be due on the first day of
each month. CONCESSIONAIRE shall keep accurate records of all sales
and receipts through the use of electronic cash registers that have the
ability of providing daily tapes and reports.
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Audit. The CONCESSIONAIRE shall keep true and complete records and
accounts of all gross receipts and business transacted, including daily bank
deposits, and semi-annually furnish a true and accurate statement for the
preceding six months of all such receipts and business transacted during
such preceding six months (showing the authorized deductions or
exclusions in computing the amount of such gross receipts and business
transactions), which statement shall be certified by an authorized
representative of the CONCESSIONAIRE to be accurate. The
CONCESSIONAIRE agrees to establish and maintain a system of
bookkeeping and fiscal year accounting satisfactory to the CITY'S auditor
and to give the CITY access during reasonable hours to such books and
records. The CONCESSIONAIRE agrees that it will keep and preserve
for at least three (3) years all sales slips, and other evidence of gross
receipts and business transacted, and the CONCESSIONAIRE on request
by either, shall make all such matters available for inspection by CITY at
any reasonable time. If the CITY shall make or have such an audit made
for any year and the gross receipts and business transacted shown by the
CONCESSIONAIRE'S statement for such year should be found to be
understated by one percent (1%), the CONCESSIONAIRE shall reimburse
the CITY the cost of such audit. The CITY'S right to audit shall expire
three (3) years after the CONCESSIONAIRE'S statement has been
delivered to and accepted by the CITY.
8. Termination
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This Lease Agreement may be terminated by either party for convenience
or cause upon thirty (30) days notice of such intent to terminate to the
other party. Should the Lease Agreement be terminated for cause, the
reason(s) for the lease termination shall be included in the notice. Any
termination for convenience by CITY shall be without liability to CITY.
This Lease Agreement may, at the option of the CITY, be terminated
immediately if the CONCESSIONAIRE shall become insolvent or
bankrupt, make an assignment for the benefit of creditors or be convicted
of a crime or any other similar gross impropriety.
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A termination of the Lease Agreement for reasons other than expiration of
the term or convenience, shall be effected as follows:
Beach Concession 2002 8
Rev. 09-25-02
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If conditions are present which are considered by either party to be
cause for termination, written notice shall be provided to the party,
and sufficient period of time shall be given by the CITY to correct
the conditions.
If the conditions are not corrected within a reasonable time then
this lease agreement may be terminated for such conditions by
giving thirty (30) days written notice.
In the event the CONCESSIONAIRE fails to pay the CITY charges
or fees strictly n accordance with the terms of this Lease
Agreement, the CITY may cancel and terminate this Lease
Agreement at any time upon five (5) days written notice to the
CONCESSIONAIRE.
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If this Lease Agreement is canceled or terminated by the CITY, or
if the CITY shall discontinue its operations, the
CONCESSIONAIRE shall pay to the CITY all sums then due from
the CONCESSIONAIRE to the CITY.
The acceptance of monies due the CITY for any period or periods after a
default of any of the terms, covenants or conditions of this Lease
Agreement shall not deemed a waiver on the part of the CITY of any part
of this Agreement.
No waiver or default by the CITY of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the
CONCESSIONAIRE, shall be construed to be or act as a waiver of any
subsequent default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by the
CONCESSIONAIRE.
Delivery After Termination. The CONCESSIONAIRE will deliver the
Premises and any permanent improvements and attached accessories to the
CITY at the termination of this Lease Agreement in same condition and
state of repair as when received, except for ordinary wear and tear or loss
or damage caused by an act of God.
Removal on Termination. On the date of termination hereofi or in case of
the relationship created by the Lease Agreement prior thereto, on written
notice, the CONCESSIONAIRE shall have the right to remove from said
Premises all personal property, fixtures and equipment not a part of the
real estate, installed by it and title to which it retains subject, however, to
any valid lien or claim which the CITY may have for unpaid fees,
Beach Concession 2002 9
Rev. 09-25-02
provided also, that if said removal causes any damage to the Premises, the
CONCESSIONAIRE shall repair the same in a proper and satisfactory
manner at its own expense. The provision of this paragraph shall not
apply to the personal property to which the CITY has a right to use and
purchase pursuant to this Lease Agreement.
Notice
Wherever either party desires to give notice unto the other, it shall be given by
written notice, sent certified U.S. Mail, return receipt requested, addressed to the
party to whom it is intended, at the places last specified, and the places for giving
notice shall remain such until they are changed by written notice in compliance
with this subsection. For the present, the parties designate the following as the
respective places for giving notice, to wit:
FOR CITY:
City Manager
City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
With copy to:
Recreation Director
City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
FOR CONCESSIONAIRE:
PARTNER PLUS, INC.
Attn: Lyse B. Stecko
6115 North Ocean Boulevard
Ocean Ridge, Florida 33435
10.
Customer Service Standards
As it is extremely important to the CITY that CONCESSIONAIRE and its
employees provide concession services pursuant to this Agreement for the benefit
of CITY residents and visitors to Boynton Beach Municipal Beach Park,
CONCESSIONAIRE understands and agrees that the following customer service
standards will be adhered to in the performance of this Agreement, and that the
Beach Concession 2002 10
Rev. 09-25-02
breach of any of these standards by CONCESSIONAIRE shall constitute a
material default under this Agreement:
A. CONCESSIONAIRE shall provide customers with a consistent dining
experience featuring food and beverage items that are prepared and served
in a manner that conforms in all respects to all pertinent federal, state, and
municipal standards, laws, ordinances and regulations.
B. Customers shall be greeted courteously and thanked for each sale.
C. CONCESSIONAIRE shall greet each customer by name whenever
possible.
D. CONCESSIONAIRE shall acknowledge a customer waiting for assistance
within thirty (30) seconds of a customer visit to the Premises by looking
up, greeting them, and letting them know that customer will be assisted as
soon as possible.
E. CONCESSIONAIRE shall be enthusiastic.
F. CONCESSIONAIRE shall be patient and polite when dealing with
customers regardless of the circumstances.
G. CONCESSIONAIRE shall show interest to customer needs by listening
attentively.
H. CONCESSIONAIRE shall address all customers in a clear and friendly
tone.
I. CONCESSIONAIRE shall ensure the food preparation and serving area is
clean and inviting to and for customers.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Beach Concession 2002 11
Rev. 09-25-02
day of
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
~)e.'r'e~ ~ ~..t' I~'. 2002.
·
THE CONCESSIONAIRE
WITNESSES:
ATTEST:
Secretary
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this I '~ T~day of O~
2002, by ,[.~e[ ~. ~'~r_~'t, and , as
and , ~r~eespectively~ of __._..
PARTNER PLUS, INC., by and behalf of the corporation, an~ personally known
r produced as identification and who clm not
oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of /'~ ~'~o~ t'~._ ,2002.
My Commission Expires:
Notary Pummel?:,, Barbara M. Madden
%g~,3,~ ^t~mt~c Bon~g co., mc.
Print Name
Beach Concession 2002 12
Rev. 0%25°02
CITY OF BOYNTON BEACH, FLORIDA
/ May~r
Approved as to form:
City Attorney
,xA,~~EsT
~¢tY Clerk i:~ .~
~ H:/1990/900182.bb/ag~/concession agmt - beach 2002.doc
Beach Concession 2002 13
Rev. 09-25-02
EXHIBIT "A"
Scope of Services
Concessionaire shall submit a sample written menu with proposal to include the
brand name of the product being offered and a detailed description of the item.
Concessionaire shall provide all working capital, operating equipment, and
inventory necessary to effectively manage the concession.
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Concessionaire may offer non-consumables for sale. Non-consumables may
include, but are not limited to sunscreen, tanning lotions, and beach toys;
however, the City of Boynton reserves the right to have the final approval of such
items. No alcohol or tobacco products shall be offered for sale.
City may request Concessionaire to offer the sale of t-shirts, beach towels, and
boxer shorts fashioned with the City logo. These items will be inventoried by the
City and all proceeds from their sale shall be paid to the City in addition to the
monthly lease payment.
City shall not be responsible for any goods or equipment stored at the concession
nor will City be responsible for damage resulting from a power failure, flood, fire,
theft, vandalism, explosion and/or other causes.
6. The City reserves the right to inspect premises at any time.
Food Products
All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept
for sale, shall be of FIRST QUALITY and conform in all respects to the federal,
state, and municipal food and other laws, ordinances, and regulations.
No imitation, adulterated, or misbranded article shall be sold or kept for sale, and
all products kept on hand shall be stored and handled with due regard for
sanitation. Leftover perishable products shall not be sold at any time.
3. Concessionaire shall utilize Branded Products (i.e. Bamey's Coffee, Coca-Cola).
The Concessionaire shall be responsible for the purchase, inventory and security
of all food products offered for sale in the concession.
5. City shall reserve the right to "taste test" all menu items to ensure quality.
Beach Concession 2002 14
Rev. 0%25-02
City shall have the final approval on what menu items are used. Approval will not
be unreasonably withheld.
Equipment
The Concessionaire shall use all its own concession equipment that is approved by
the appropriate governing agency. Equipment may include, but is not limited to
refrigeration, microwave oven, and toaster oven.
2. All concession sales shall be sold with disposable plates, cups and cutlery.
Signage/Advertisin~
Signs, advertising materials, posters, and other such material used by the
Concessionaire shall be subject to the approval of the City Manager.
Concession Personnel
The Concessionaire shall provide, supervise, and compensate all concession
employees, who shall be employees of the Concessionaire, not the City. The
Concessionaire shall at all times be an independent contractor and the agreement
shall not in any way create or form a partnership or joint venture with the City.
No agent, servant, or employee of the Concessionaire shall under any
circumstances be deemed an agent, servant, or employee of the City.
The City will expect the assistance of Concessionaire staff for the periodic receipt
and registering of admissions.
Concessionaire must conduct regularly scheduled training sessions throughout the
year, as approved by the City, for all personnel and employees of
CONCESSIONAIRE working on the Premises. At a minimum, the training shall
consist of Customer Service skills training.
Consumption of alcoholic beverages, smoking, and use of any tobacco products is
prohibited inside the concession buildings.
Concessionaire's staff and employees shall be at all times neatly and cleanly
dressed.
Concessionaire shall employ only competent personnel to perform concession
services. In the event that City, in its sole discretion, at any time during the term
of this lease agreement, desires the removal of any person or persons employed by
Concessionaire to perform concession services pursuant to this Lease Agreement,
Concessionaire shall remove any such person immediately upon receiving notice
from the City of the desire of the City for the removal of such person or persons.
Beach Concession 2002 15
Rev. 09-25-02
Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's)
for all of the products used in the performance of the contract on the premises.
The MSDS's shall be accessible to the Concessionaire's employees and to City
employees for the purpose of reference with regard to toxic and hazardous
properties, precautions to take and what to do in case of an emergency.
Sanitation
Concessionaire shall be responsible for bringing their trash and garbage to the
designated dumpster or recycling areas.
The Concessionaire shall make every effort of assist the City in keeping the area
free from debris and litter.
Concessionaire is responsible for complying with all recycling rules, regulations,
and laws of the City and/or appropriate governmental bodies.
Beach Concession 2002 16
Rev. 09-25-02
PROPOSAL BLANK
RFP PROPOSAL TO ~ CITY OF BOYNTON BEAC~ FLORIDA
T~ ~sn~d propoaa to ddivw~ in m:adm~ wi~ ~ ~ r~.
aTHREE-YEAR LEASE FOR CONC'~q.qlON OP~RA~N~ .iT BOYNTON BEACI:!
MONTm.¥ LEASE PAYMENT TO CITY OF BOYNTON BEACH
OCEANFRO~ PARK CONCISION OPERATIONS
l~&~ ~CI'ENDED PRICE
PERMON'rll PER YEAR
YEAR ONE (1) OF
YEAR TWO (Z) OF~
YEAR THPt'~- (3) OF L,EASE
aU~'WAt, ~ ~o. om~ 0)
RKNEWAL YEAR NO. TWO(X}
IIs S
ALL PRICES F.O.S- BOYNTON BFACH
Number of pmposah submitl~
(6) ~ies of~ mnnin~
YES/NO
19
E:ZH.T3~ '"a-
I'AYL~IIT $Cn~TTr..R
Written sample menu submiacd:
Schedul~ of'Subcontractors submitted:
Evidence of possession ofreoui~d licens~
end/or busincu permiu ~nclo' · V
Yes o