R09-115
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1 RESOLUTION R09-/15
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4 A RESOLUTION ()Ii' THE CITY COMMISSION OF
5, THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE A W ARB OF THE TWO YEAR
7 LEASE FOR CONCESSION OPERATIONS AT THE
8 BOYNTON BEACH "LINKS" GOLF COURSE, RFP
9 Nt78-Bl8-89/JA TO ALA CARTE GOLF SERVICES,
10 INC., OF LAKE WORTH, FLORIDA;
11 AUTHORIZING AND DIUCTlNG THE CITY
12 MANAGER AND CITY CLERK TO EXECUTE A
13 LEASE AGREEMENT BETWEEN THE CITY OF
14 BOYNTON BEACH, FLORIDA AND ALA CAIlTE
15 GOLF SERVICES, INC., FOR CONCESSIONS
16 OPERATIONS AT THE BOYNTON BEACH
17 "LINKS" GOLF COURSE; AND PROVIDING AN
18 EFl'ECTIVE DATE.
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22 WHEREAS, on June 30, 2009, Procurement Services opened and tabulated six (6)
23 proposals for the concession operation; and
24 WHEREAS, after review and evaluation of the proposals based on experience,
25 business references, quality of food, sample menu, and the proposed lease payment it has
26 been determined appropriate by staff to recommend award of a two-year Lease for
27 Concession Operations at The Boynton Beach "Links" Golf Course to Ala Carte Golf
28 Services, Inc., of Lake Worth, Florida whose RFP was overall responsive and responsible
29 proposer that met all criteria; and
30 WHEREAS, upon recommendation of staff, the City Commission of the City of
31 Boynton Beach does hereby approve the award of the "Two Year Lease for Concession
32 Operations at The Boynton Beach "Links" Golf Course" RFP #078-2910-09/JA to Ala Carte
33 Golf Services, Inc., and to authorize the City Manager and City Clerk to execute a Lease
34 Agreement between the City of Boynton Beach and Ala Carte Golf Services, Inc.
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I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
4 being true and correct and are hereby ,made a specific part of this Resolution upon adoption
5 hereof.
6 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
7 approves the award of the "Two Year Lease for Concession Operations at The Boynton
8 Beach "Links" Golf Course" RFP #078-2910-09/JA to Ala Carte Golf Services, Inc., of
9 Lake Worth Florida.
10 Section 3. The City Commission of the City of Boynton Beach, Florida does
11 hereby authorize and direct the City Manager and City Clerk to execute a two-year Lease
12 Agreement between the City of Boynton Beach and Ala Carte Golf Services, Inc., a copy of
13 said Agreement being attached hereto as Exhibit "A".
14 Section 4. This Resolution will become effective immediately upon passage.
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16 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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1 I PASSED AND ADOPTED this 18 day of August, 2009.
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3 CITY OF BOYNTON BEACH, FLORIDA
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12 Commissioner - Ronald Weiland
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19 ATTEST:
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21 YY}.~
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23 M. Prainito, CMC
24 Clerk
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32 S:\CA\RES~ntlM3id Awarch\Concession at Golf Course (Alacarte)2009.doc
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CONCESSIONAIRE AGREEMENT FOR
TWO-YEAR LEASE FOR CONCESSION OPERATIONS AT THE BOYNTON
BEACH "LINKS" GOLF COURSE
8820 JOG ROAD
BOYNTON BEACH, FLORIDA 33437
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "'the City", and Alaearte Golf Services. Joe.. of Lake Worth, Florida, 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
CONCE8SION~ services in connection with the project designated.
2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified on Exhibit
""A" attached hereto and incorporated herein by reference, 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 Manager or his designee.
3. LEASEHOLD PREMISES: The City will lease a portion of the designated City facility to the
Concessionaire fro a period of two years. The structure is designated as the "restaurant", and
is owned by the City of Boynton Beach, Florida and is operated for the selling of food and
beverages for golf patrons.
4. TERM: This Agreement shall be for a period of two (2) years commencing upon the giving
written notice by the City to the Concessionaire to proceed. Renewal options will be in
accordance with Exhibit ""A". This lease agreement shall be effective as of October 1,2009.
. 5. PAYMENT. The Concessionaire shall pay the City a sum of Seven and one-half (7 ~) cents
per paid round of golf per month for the first twenty-four months of the lease agreement.
Subsequent payments each month shall be based on Exhibit "A" attached hereto, based on
proposal from Concessionaire dated June 30, 2009.
a. The City will provide to Concessionaire by the 5th calendar day of the month, the number
of paid rounds of golf for the previous month. Concessionaire shall remit the monthly
payment based on this information to the City by the 15th of the month. A late fee of 15%
will be charged for payments received after the 15th day of the month. Any payment not
received by the 25th day of the month 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
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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 15t day of each month to the Golf
Operations Manager.
c. Security deposit of $1 ,000.00 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 Golf Operations Manager.
d. 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. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Concessionaire 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 Concessionaire shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Concessionaire's endeavors.
7. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services
contemplated by this 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.
8. 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.
, 9. 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 liquor liability insurance in the amount of
$1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional 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.
10. 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
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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.
11. 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 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.
12. DISCRIMINA nON 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.
13. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
14. 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.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) 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.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
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17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Links at Boynton Beach Golf Course
8020 Jog Road
Boynton Beach, FL 33437
Attn: Dan Hager
Notices to Concessionaire shall be sent to the following address:
Ala Carte Golf Services, Inc.
3182 Custer Ave.
Lake Worth, FI 33467-1002
Attn: Susan B. Foley
18. 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 E day of ,2018-.
CITY OF BOYNTON BEACH CONCESSIONAIRE
14~ ALA CARTE GOLF SERVICES,INC.
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City Manager . Concessionait
Susan B. Fo
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Approved as to Form: Attest! Authenticated:
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Office 0 tomey /Secretary J
Susan B. Foley
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EXlllBIT "A"
Sc-. of Services :
Concessionaire:
1. Concessionaire shall propose a monthly lease payment to the City for an initial period of two
years, along with the monthly lease payment for the fIrst two (2) year renewal period and the
monthly lease payment for the second two (2) year renewal period.
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 be responsible for assuring that appropriate programs are played on the
televisions to include sports and news. City management will determine what is appropriate
programming. The City will pay for satellite television service.
4. Concessionaire shall be responsible for full payment of all supplies including food, beverage,
paper products, propane and dishwasher supplies.
5. The City will pay the maintenance of city owned equipment, and utilities excluding propane.
6. The City shall not operate any competing concessions at the golf course.
7. The sale of any non-consumables will require the written approval of the Golf Operations
Manager.
8. 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.
9. The City reserves the right to inspect premises at any time.
10. The Concessionaire shall supply and maintain their point of sale system.
11. The Concessionaire shall accept credit cards for payment.
12. The Concessionaire's primary location shall be located within 30 miles of The Links.
13. The Concessionaire must have been actively conducting a profitable food and beverage
business for a minimum The Concessionaire of five (5) vean.
14. At time of award, the Concessionaire shall file with the Golf Operations Manager, $1,000.00
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 Golf Operations Manager.
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SECTION III
FOOD PRODUCTS
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.
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.
6. Items sold by the Concessionaire may include, but are not limited to:
. Fried foods
. Hot dogs
. Condiments for hot dogs
. Prepackaged sandwiches
. Prepackaged potato chips, peanuts, etc.
. Candy
. Hamburgers
. Condiments for hamburgers
. Prepackaged bakery goods
. Soft drinks, coffee, and tea
. Beer, wine & tobacco products
7. City shall reserve the right to "'taste test" all menu items to ensure quality.
8. City shall have the fmal approval on what menu items are offered. Approval will not be
unreasonably withheld.
9. The Concessionaire will be responsible for pest control in the kitchen, behind the bar, and
food storage areas.
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Equipment:
1. The Concessionaire may use their concession equipment. Equipment may include, but is not
limited to refrigeration, microwave oven, and/or toaster oven. The Concessionaire may use
existing City owned appliances. The City will assume responsibility for the maintenance of
existing City owned equipment, but not replacement.
2. We have propane appliances available; maintenance, repairs and replacement of this
equipment if used will be the responsibility of the City.
3. The maintenance, repairs and replacement of the ventilation hood will be the responsibility of
the City when necessary.
Signage/Advertising:
1. Signs, advertising materials, posters, and other such material used by the Concessionaire
shall be subject to the approval of the Golf Operations Manager.
Houn and Dates of Operations:
1. The Concessionaire shall be open for operations seven (7) days per week with the following
schedule: 6:45 am to 5:00 pm. Hours may be extended with the approval of the Golf
Operations Manager to provide service for special events.
Concession Penonnel:
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's staff shall be neatly and cleanly dressed at all times.
3. Concessionaire 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.
4. 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 pursuant to this
lease agreement. Concessionaire shall remove any such person immediately upon receiving
notice from the City.
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5. 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 emplo~ 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.
6. Concession personnel shall be certified in the proper handling of food. The Concessionaire
assumes full responsibility for the proper and safe dispensing of alcoholic beverages by
monitoring the consumption of the customers.
Suitation:
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.
Term of Co.tract:
1. The lease agreement shall be for a period of two (2) 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 (18t) 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 subject 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 &opt... Beach
City Clerk's Office
100 E BOYNTON BEACH BlVD
BOYNTON BEACH Fl 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: pralnitoj@d.boynton-beach.f1.us
www.boynton-beach.org
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito, CMC
City Clerk
DATE: August 19, 2009
SUBJECT: Rot-liS Two-Year L.- for COncession Opel..... at The
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Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original
document to the City Clerk's Offtce for further processing.
Thank you.
~Yn.~
Attachments (2)
C: Central File
S:\CC\'M'\AfTER COMMJSSI~M".1llII TI'II1SIIlItllII2OO9\QInlI Doppler R09-115.dac
America's Gateway to the Gulfstream
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@cLboynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Dan Hager
Golf Course
FROM: Janet M. Prainito, CMC
City Clerk
DATE: September 10, 2009
SUBJECT: R08-US - Tow-Year Lease for concession Operations at the
Boynton Beach "Links" Golf Course
Attached for your information and files is a copy of the executed agreement mentioned
above and a copy of the Resolution.
Please contact me if there are any questions. Thank you.
Thank you.
8"'~' 'tn. p~
Attachments (2)
S:\CC\WP\AFTER COMMISSIQN\Departmental TransmittaJs\2009\Dan Hager - R09-115.doc
America's Gateway to the Gulfstream