R09-031
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1 RESOLUTION R09-03j
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE AWARD OF THE THREE YEAR
7 LEASE FOR CONCESSION OPERATIONS AT
8 BOYNTON BEACH OCEANFRONT PARK, RFQ
9 #015-2710-09/JA TO B & J CATERING, INC. OF
10 DELRA Y BEACH, FLORIDA; AUTHORIZING AND
11 DIRECTING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE A LEASE AGREEMENT
13 BETWEEN THE CITY OF BOYNTON BEACH,
14 FLORIDA AND B & J CATERING, INC.,
15 PROVIDING FOR CONCESSIONS OPERA TIONS
16 A T OCEANFRONT PARK; AND PROVIDING AN
17 EFFECTIVE DATE.
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19 WHEREAS, on December 16, 2008, Procurement Services opened and tabulated
20 three (3) proposals; and
21 WHEREAS, after review and evaluation it has been determined appropriate by staff
22 to recommend award of a three-year Lease for Concession Operations at Oceanfront Park to
23 B & J Catering, Inc., of Delray Beach, Florida whose RFQ was overall responsive and
24 responsible proposer that met all criteria; and
25 WHEREAS, upon recommendation of staff, the City Commission of the City of
26 Boynton Beach does hereby approve the award of the "Three Year Lease for Concession
27 Operations at Boynton Beach, Oceanfront Park" RFQ #015-2710-09/JA to B & J Catering,
28 Inc., and to authorize the City Manager and City Clerk to execute a Lease Agreement
29 between the City of Boynton Beach and B & J Catering, Inc.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
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1 hereof.
2 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
3 approves the award of the "Three Year Lease for Concession Operations at Boynton Beach,
4 Oceanfront Park" RFQ #015-2710-09/JA to B & J Catering, Inc.
5 Section 3. The City Commission of the City of Boynton Beach, Florida does
6 hereby authorize and direct the City Manager and City Clerk to execute a three-year Lease
7 Agreement between the City of Boynton Beach and B & 1. Catering, Inc., a copy of said
8 lease being attached hereto as Exhibit "A".
9 Section 4. This Resolution will become effective immediately upon passage.
10 PASSED AND ADOPTED this '7 day of February, 2009.
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12 CITY OF BOYNTON CH, FLORIDA
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24 Commissioner --- Woodrow L.
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27 Commissioner - Marlene Ross
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30 M. Prainito, CMC
31 Clerk
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37 S:\C s-Concession at Oceanfront Park (Ellies Catering)2009.doc
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Appendix "B"
"RE-BID FOR A THREE-YEAR LEASE AGREEMENT
CONCESSION OPERATIONS AT BOYNTON BEACH
MUNICIPAL BEACH. OCEANFRONT PARK"
LOCATED AT
6415 N. OCEAN BOULEVARD. OCEAN RIDGE. FLORIDA
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and B&J CATERING. INC. hereinafter referred to as "the Concessionaire", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform the
concession operations in connection with the project designated "THREE-YEAR LEASE FOR
CONCESSION OPERATIONS AT BOYNTON BEACH MUNICIPAL BEACH.
OCEANFRONT PARK" LOCATED AT 6415 N. OCEAN BOULEVARD. OCEAN
RIDGE. FLORIDA
2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit
"B" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to Concessionaire a portion of the
designated City facility located at the Boynton Beach Municipal 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 feet. 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."
4. TERM OF LEASE. Work under this contract shall commence upon the giving of written
notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a
period of three (3) years, unless sooner terminated as provided in Section 14, Termination. This
lease shall be effective Februarv 18. 2009.
5. PAYMENT. The Concessionaire shall pay the City a sum of $ 500.00 each month for the
first twenty-four months of the lease agreement. Subsequent payments each month shall be
based on Exhibit 'B' attached hereto, a lease payment schedule based on proposal from
Concessionaire dated December 16. 2008.
a. Said payment shall be made and received by the City on or before the 1 st day of each and
every month. A late fee of 15% will be charged for payments received after the 5th day of each
month. Any monthly payment not received by the 25th day of each month shall be subject to a
15% late fee and shall be grounds for termination of contract.
b. Concessionaire will keep accurate records of all sales and receipts through the use of
electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare
a monthly report to the City and attach copies of the daily tapes of each report. The City will
have the right to inspect the books, records and inventories of the Concessionaire at any
reasonable time. Monthly reports shall be due on the 1 st day of each month to the Recreation
Director.
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reasonable time. Monthly reports shall be due on the 1 st day of each month to the Recreation
Director.
c. Final payment of any balance due the City of the total contract price will be made promptly
upon its ascertainment and verification by the City after the completion of concession services
under this agreement and its acceptance by the City.
d. Security deposit of$I,OOO.OO made by Concessionaire at time of award will be returned to
Concessionaire at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition, as
determined by the Recreation Director.
e. The Concessionaire'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.
6. COMPLIANCE WITH LAWS. Concessionaire 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. Concessionaire 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 Concessionaire's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Concessionaire.
8. INSURANCE. The Concessionaire 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
$1,000,000.
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 Concessionaire and the City agree that the
Concessionaire 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 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.
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10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has
not employed or retained any company or person, other than a bonafide employee working solely
for the Concessionaire, 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 Concessionaire,
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 agreement
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 CONCESSIONAIRE, WITH REGARD
TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT
DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN,
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 Concessionaire 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 thirty (10)
days written notice to the Concessionaire.
b. In the event of the death of a member, partner or officer of the Concessionaire, or any
of its supervisory personnel assigned to the project, the surviving members of the
Concessionaire 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 Concessionaire and the City, if the
City so chooses.
c. This lease agreement may be terminated immediately for default of monthly payment
as stated in Section 4, "Term of Lease".
d. 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 misconduct.
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15. RENEW AL. The lease agreement has an option to renew the contract for two (2) additional
two (2) year periods as stated in original proposal submitted, subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the
City
16. 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.
17. 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
Attn: Wally Majors, Recreation Director
Notices to Concessionaire shall be sent to the following address:
B & J Catering, Inc.
2410 N. Federal Highway
Delray Beach, FI 33483
Attn: James Guilbeault
l8. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Concessionaire 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
Concessionaire.
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DATED this~ 6\~ay of ~ ~'o"c..A.lA..~ C- ,20~.
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CITY OF BOYNTON BEACH
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City Manager Co~br."~ . .:. ~.
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Title
(Corporate Seal)
Approved as to Form: Attest/Authenticated:
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Office of the City Attorney
Rev. 1/22/91
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EXHIBIT "B"
B. SCOPE OF SERVICES
Concessionaire:
1. Concessionaire shall propose a monthly lease payment to the City for the three years. Upon
renewal of the lease payment will be negotiable.
2. 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.
3. Concessionaire shall provide all working capital, operating equipment, and inventory
necessary to effectively manage the concession.
4. Concessionaire shall be responsible for full payment of all utility bills related to the
Concessionaire's operation. These utilities include, but are not limited to electric, water and
sewer services, sanitation, and gas. From past experience the average electric bill is
$3 00. OO/month. The average water and sewer bill is $270.00/month.
5. The City reserves the right, or any organization granted powers as their agent, to sell food
and beverages for special community event programs of short duration as scheduled by the
City. A short duration is defined as one (1) to three (3) days.
6. The City shall not operate any competing concessions at Oceanfront Park without the
Concessionaire's approval, or without the Concessionaire having the first option as to
additional operations.
7. The Concessionaire will sell food and beverages as allowed by the Town of Ocean Ridge
variances granted to the City of Boynton Beach for the exclusive use by residents and visitors
to the Municipal Beach at Oceanfront Park.
8. 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.
9. City may request Concessionaire to offer the sale oft-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 will be paid to the City in addition to the monthly lease payment.
10. City shall not be responsible for any goods or equipment stored at the concession nor
will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism,
explosion and/or other causes.
11. The City reserves the right to inspect premises at any time.
12. The Concessionaire shall keep accurate records of all sales and receipts through the use of
electronic cash registers which provide daily tapes and reports. The Concessionaire will
prepare a monthly report to the City and attach copies of the daily tapes of each report; report
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will be due the 5th of each month although the lease payment is due the 1 st of each month.
The City shall have the right to inspect the books, records and inventories of the
Concessionaire at any reasonable time.
13. At time of award, the Concessionaire shall file with Recreation Director, a $1,000 security
deposit, refundable at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition,
as determined by the Recreation Director.
Food Products:
1. 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.
2. 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. Barney's Coffee, Pepsi, Coca Cola, etc.).
4. The Concessionaire will be responsible for the purchase, inventory and security of all food
products offered for sale in the concession.
5. The Concessionaire shall arrange for the delivery of supplies used at the concession site at
times and in a manner so that such deliveries do not create congestion or undue interference
with regular operation and maintenance of the site.
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6. Items sold by the Concessionaire are restricted by the Town of Ocean Ridge as follows:
Deep fat frying is not permitted:
. Hot dogs (grilled)
. Condiments for hot dogs
. Prepackaged sandwiches
. Prepackaged potato chips, peanuts, etc.
. Candy
. Hamburgers (grilled)
. Condiments for hamburgers
. Prepackaged bakery goods
. Ice cream, ice cream bars, and other dairy products
. Soft drinks, coffee, and tea
7. City shall reserve the right to "taste test" all menu items to ensure quality.
8. City shall have the final approval on what menu items are used. Approval will not be
unreasonably withheld.
9. The Concessionaire will be responsible for pest control.
Equipment:
1. The Concessionaire will 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/or toaster oven.
2. All concession sales will utilize disposable plates, cups and cutlery.
Signage/ Advertising:
1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall
be subject to the approval of the City Manager.
Hours and Dates of Operations:
1. The Concessionaire shall be open for operations seven (7) days per week with the following
schedule: 8:00 a.m. to 5:00 p.m. with the option to expand hours to include 7:00 a.m. to 8:00
p.m. Expanded hours are at the discretion of the Concessionaire. Total available hours are
subject to the regulations of the Town of Ocean Ridge. Exact time of opening and closing
may have seasonal variations if approved by the City.
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Concession Personnel:
1. The Concessionaire will provide, supervise, and compensate all concession employees. The
staff will 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.
2. Concessionaire must conduct regularly scheduled training sessions throughout the year, as
approved by the City, for all personnel. At a minimum, the training will consist of Customer
Service skills training. Documentation of training shall be sent to the Parks Superintendent.
3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
inside the concession buildings.
4. Concessionaire's staff shall be at all times neatly and cleanly dressed.
5. Vendor shall provide a list of employees to the city and provide proof that employer has
conducted a background check with the State of Florida Department of Law Enforcement
and the results of the background check for each employee who will be working at the
concession stand. City shall retain the right to prohibit an employee from working at the
concession stand based on the results of the background check.
6. Concessionaire shall employ only competent personnel to perform concession services. In
the event the 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.
7. 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:
1. Concessionaire will be responsible for bringing their trash and garbage to the designated
dumpster or recycling areas.
2. The Concessionaire shall make every effort to assist the City in keeping the area free from
debris and litter.
3. Concessionaire is responsible for complying with all recycling rules, regulations, and laws of
the City and/or appropriate governmental bodies.
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Term of Contract:
1. The lease agreement shall be for a period of three (3) years with an option to renew for two
(2) additional two (2) year periods as stated in original proposal submitted, subject to vendor
acceptance, satisfactory performance and determination that renewal will be in the best
interest of the City.
2. Monthly payment to City shall be due the first (1 st) of each month. Any monthly payment not
received by the 5th of the month shall be subject to a 15% late fee. Any monthly payment not
received by the 25th of the month shall be subj ect to a 15% late fee and shall be grounds for
termination of contract.
3. The City reserves the right to terminate lease agreement thirty (30) days after delivery of
written notice of such termination and reason(s) for the lease termination.
4. 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 misconduct.
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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.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: February 20, 2009
SUBJECT: R09-031 Re-Bid for a three year lease agreement concession
operations at Boynton Beach Municipal Beach, Oceanfront Park
Attached for your handling is the partially executed 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.
t!r- tn. p~
Attachments (2)
C: Central File & Follow-up
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-031.doc
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