R08-026
II I
1 RESOLUTION R08- Da~
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AND DIRECTING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 CONSUL T ANT AGREEMENT FOR ON-SITE REVIEW
8 OF FOOD & BEVERAGE OPEARTIONS AT THE LINKS
9 AT BOYNTON BEACH BETWEEN THE CITY OF
10 BOYNTON BEACH AND ZGOLF FOOD & BEVERAGE,
11 LLC.; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, due to the limited number of customers and location of the golf course
15 restaurant staff is recommending to hire a consultant who is familiar with food and beverage
16 operations affiliated with public golf courses; and
17 WHEREAS, upon recommendation of staff, the City Commission has determined
18 that it is in the best interests of the residents of the City to authorize the City Manager to
19 execute the Consultant Agreement for On-Site Review of Food and Beverage Operations at
20 the Links at Boynton Beach between the City of Boynton Beach and ZGolf Food &
21 Beverage, LLC.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and direct the City Manager and City Clerk to execute the Consultant
29 Agreement for On-Site Review of Food and Beverage Operations at the Links at Boynton
1
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1 Beach between the City of Boynton Beach and ZGolfFood & Beverage, LLC., a copy of the
2 Participation Document is attached hereto as Exhibit "A".
3 Section 3. This Resolution will become effective immediately upon passage.
4 PASSED AND ADOPTED this f't day of February, 200S.
5
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11 ,.--"
12 uez
13
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15 Co~mi ioner - Ronald Wel an. 7
16
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17 ~/." .".... )'.0". ". 1.'
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18 .,Commissioner - Woodrow ay
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20 /~ ~ ~;.-~--,
21 Commissioner - Marlene Ross
22 ATTEST:
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34 and Beverage,doc
2
CONSULTANT AGREEMENT FOR
ON-SITE REVIEW
FOOD & BEVERAGE OPERATIONS
THE LINKS AT BOYNTON BEACH Ro8-oab
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and ZGolf Food & Beverae:e. LLC , hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSUL T ANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
No modifications will be made to the original scope of work without the written approval of
the city's assigned project manager.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 21 calendar days from
, the date the Consultant concludes the site visit, unless an extension of such time is granted
in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$6.500 without express written modification of the agreement signed by the City.
b. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
c. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
d. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
CA-I
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$l,OOO,OOO.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
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 Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
CA-2
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
ZGolfFood & Beverage, LLC
79 Daily Dr # 300
Camarillo, CA 93010
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-3
DATED this day of ,2008.
CITY OF BOYNTON BEACH ZGolfFood & Beverage, LLC
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City Manager d~, .
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tr/""f,'if' "'".; h'.":'!',;,,,",. (Consultant)
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Attest/ AuthenticatJfli!#iiH~g:f1:;Y;:;',"~' ,
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Approved as to Form: Attest/Authenticated:
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9~ce of the City Attorney Secretary
s :\CA \AGMTS\GoIf Course\Consultant Agreement-Restaurant Operations.doc
CA-4
EXHIBIT "A"
SCOPE OF SERVICES
FOR ON-SITE REVIEW
FOOD & BEVERAGE OPERATIONS AT
THE LINKS AT BOYNTON BEACH
1. Consultant will conduct an on-site review of the restaurant and its food and beverage
operations at The Links of Boynton Beach to determine its demographics, marketplace and
revenue improvement opportunities.
2. Consultant's review will be focused on how the restaurant at The Links at Boynton Beach
can reach its full potential to achieve financial success.
3. Consultant will conduct an on-site review of the current financial statements of the
restaurant at The Links at Boynton Beach and provide recommendations for the improvement of
its operation.
4. Consultant will conduct an on-site review of the current operational performance of the
restaurant including service levels and food selection and preparation.
5. Consultant will provide the City with an offering of options for Food & Beverage
management at the restaurant and the pros and cons associated with each option.
6. Consultant will provide the City with its findings and recommendations in a report to be
delivered no more than twenty-one (21) days after the on-site review.
7. Consultant shall furnish all labor, materials and equipment necessary to complete all
work as specified by the City.
8. Consultant understands that timeliness and quality of service are of primary concern to
the City.
CA-5
EXHIBIT "B"
SCHEDULE OF PRICING
FOR ON-SITE REVIEW
FOOD & BEVERAGE OPERATIONS AT
THE LINKS AT BOYNTON BEACH
Date:
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
$6.500 ( Includes all travel, lodging and food expenses.)
TOTAL AMOUNT
COMPANY NAME SIGNATURE
PRINTED NAME
( )
TELEPHONE NUMBER TITLE
CA-6
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO: Dan Hager
Golf Course
FROM: Janet M. Prainito
City Clerk
DATE: February 22, 2008
SUBJECT: R08-026 - Consultant Agreement Between The City Of Boynton
Beach And Zgolf Food & Beverage, Llc
Attached for your handling is one partially executed oriainal agreement mentioned
above and a copy of the Resolution. Once the document has been fully executed,
please return the original document to the City Clerk's Office for Central File.
Thank you.
~Wl. p~
Attachments (2)
c: Central File & Follow-up
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\200B\Dan Hager - ROB-026,doc
America's Gateway to the Gulfstream
CONSULTANT AGREEMENT FOR
ON-SITE REVIEW
FOOD & BEVERAGE OPERATIONS
THE LINKS AT BOYNTON BEACH Ro8-oab
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and ZGolf Food & Beverae:e. LLC , hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSUL T ANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
No modifications will be made to the original scope of work without the written approval of
the city's assigned project manager.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 21 calendar days from
the date the Consultant concludes the site visit, unless an extension of such time is granted
in writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$6.500 without express written modification of the agreement signed by the City.
b. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
c. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
d. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
CA-I
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$l,OOO,OOO.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
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 Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
CA-2
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
ZGolfFood & Beverage, LLC
79 Daily Dr # 300
Camarillo, CA 93010
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
CA-3
.' DATED this b ll1iayof_N\oJ: c/ l"""
. , 2008.
CITY OF BOYNTON BEACH ZGolfFood & Beverage, LLC
~
City Manager
(Consultant)
.
Attest! Authenticat
(Corporate Seal)
Approved as to Form: Attest! Authenticated:
/-1
L~ --L/ '-/-O-/\CyL--, ~' X ,/)
, ~ ./ . j~vl,'t,~
Office of the City Attorney Secretary ;:;;
. ,
S:\CA \AGMTS\Golf Course\Consultant Agreement-Restaurant Operations.doc
CA-4
.
EXHIBIT "A"
SCOPE OF SERVICES
FOR ON-SITE REVIEW
FOOD & BEVERAGE OPERATIONS AT
THE LINKS AT BOYNTON BEACH
1. Consultant will conduct an on-site review of the restaurant and its food and beverage
operations at The Links of Boynton Beach to determine its demographics, marketplace and
revenue improvement opportunities.
2. Consultant's review will be focused on how the restaurant at The Links at Boynton Beach
can reach its full potential to achieve financial success.
3. Consultant will conduct an on-site review of the current financial statements of the
restaurant at The Links at Boynton Beach and provide recommendations for the improvement of
its operation.
4. Consultant will conduct an on-site review of the current operational performance of the
restaurant including service levels and food selection and preparation.
5. Consultant will provide the City with an offering of options for Food & Beverage
management at the restaurant and the pros and cons associated with each option.
6. Consultant will provide the City with its findings and recommendations in a report to be
delivered no more than twenty-one (21) days after the on-site review.
7. Consultant shall furnish all labor, materials and equipment necessary to complete all
work as specified by the City.
8. Consultant understands that timeliness and quality of service are of primary concern to
the City.
CA-5
'. .
EXHIBIT "B"
SCHEDULE OF PRICING
FOR ON-SITE REVIEW
FOOD & BEVERAGE OPERATIONS AT
THE LINKS AT BOYNTON BEACH
Dale:~
The undersigned proposes to deliver the product/service in accordance with the specifications for
the sum of:
$6.500 ( Includes all travel, lodging and food expenses.)
TOTAL AMOUNT
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TELEPHONE NUMBER
CA-6