R96-168 RESOLUTION NO. R96-,/~/~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR THE CONCESSION FOR
THE 1997 GREAT AMERICAN LOVE AFFAIR AND
CULTRUAL FESTIVAL (G.A.L.A~) , TO SAN
FRANCISCO PUFFS AND STUFFS, INC.,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF BOYNTON BEACH AND SAN
FRANCISCO PUFFS AND STUFFS, INC., AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, bids were received on the 23rd of October, 1996, and San
Francisco Puffs and Stuffs, Inc., was the sole bidder who met and exceeded all
specifications;
WHEREAS, San Francisco Puffs and Stuffs, Inc., has accommodated us for
the last several years and staff has been well satisfied with their performance;
NOW, THEREFORE, BE IT RESOLVED t~Y 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 award of a bid for the concession for the Great American Love
Affair and Cultural Festival 1997, a copy of which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
ATTEST:
City'~lerk
Mayor
BEACH,
)A
for /
~$ioner
Commissioner
Com,m~sioner /
/
AGREEMENT
THIS AGREEMENT made this 19th day of ~IO3L.~13.i~, between
SAN FRANCISCO PUFFS & STUFF, INC, (hereinafter referred to as
"CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"),
hereby stipulated and agree to the following:
WItEREAS, CONCESSIONAIRE has been awarded all the food and beverage fights for
the G.A.L.A., scheduled for March 21, 22, and 23, 1997 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 respons~le for all food vendor site planning, booth
construction, set up, and clean, up and steam clean cooking area after the event.
CONCESSIONAIRE will provide between ten (10) and fif~en (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 fight-of-refusal privileges for 1997.
The mn-profit organizations (excluding any organization bidding on this project) shall
retain 100% of their gross revenue and their entry fee shall be $125.00.
CONCESSIONAIRE shall uttlize non-profit organization members as cashiers where
possible and pay a minimum wage of $7.00 per hour for such services.
6. CONCESSIONAIRE shall contract for ice service for all concession operations.
CONCESSIONAIRE shall pay the CITY 100% of the non-profit entry fee and
prOvide a complete listing of all entries and the total of listed entry fees collected.
10.
11.
12.
13.
14.
15.
16.
CONCESSIONAIRE will provide fffieen (I 5) I Off. x I Off. 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 wall provide coffee, heated danish, cream, sugar, sweet-n-low,
cups, napkins for 350 people per day for all three (3) days, March 21, 22, 23, 1997
(6 a.m. - 12 p.m.).
CONCESSIONAIRE shall pay the City 31% of gross food sales, less sales tax, and
provide the City with a complete, daily accounting report of the gross receipts of the
concession operations.
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
21, 1997, 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
from or in connection with the Concessionaire's operation- The cost of such insurance
shall be borne by the concessionaire.
Workers 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 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. 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: Not required unless there is a specific relationship to
the contract. 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 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 retentions as respects the City, its Officers, Officials, Employees or
Volunteers; or the CONCESSIONAIRE shall procure a bond quaranteeing
payment of losses and rehted investigation, claims administration and defense
expenses.
THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN THE
FOLLOWING PROVISIONS:
The City of Boynton Beach, its Officers, Officials, Employees and Volunteers
shall 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.
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.
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.
17.
18.
19.
20.
21.
22.
CONCESSIONAIRE shall inform his insurer to furnish, directly to the City
of Boynton Beach, Certificates of Insurance with original Endorsements
affecting coveYage 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.
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 contract for two (2), one (1) year renewals,
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 (including prior G.A.L.A. food and 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.
CONCESSIONAIRE will sponsor Five Hundred Dollars ($500.00) toward the
G.A.L.A. Youth Art Exhibit.
coNCEssIONAIRE will provide a twenty foot (20') by thirty foot (30') 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 keeping with the G.A.L.A. "All American" Theme, the CONCESSIONAIRE shall
provide all Red, White and Blue food tents, also white picket fences to enclose the
food area.
CONCESSIONAIRE shall provide (20) 10 t~ x 10 fL white tents with sides to be
rented for $50.00 each by the G.A.L.A. Committee.
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.
ATTEST:
(CITY SEAL)
ATTEST:
CITY OF BOYNTON BEACH
PALMBEACHCOUNTY, FLORIDA
MAYOff
CONTRACTOR
TITLE
AUTHORIZED OFFICER
(CORPORATE SEAL)
CITY MANAGER
CONTRACT DOCUMENTS;
Approved as to correct~0~s and f~xrn:
?
CITY ATTORNEY