R09-136
.. I
1 RESOLUTION NO. R09 - /3(.,
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO EXECUTE A THREE YEAR LEASE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND ELLIE'S CATERING, INC., FOR THE
9 CONCESSION OPERATIONS AT THE CITY LIBRARY
10 CAFE; AUTHORIZING CITY STAFF TO ACT AS
11 GENERAL CONTRACTOR TO CONSTRUCT THE
12 IMPROVEMENTS AND AWARD PURCHASE ORDERS TO
13 THE LOWEST BIDDERS PER TRADE; APPROVE A
14 CONSTRUCTION BUDGET IN THE AMOUNT OF
15 $104,452.00 PLUS A 10% CONTINGENCY PLUS $48 FOR A
16 TOTAL PROJECT BUDGET OF $115,000.00;
17 AUTHORIZING AN INTERFUND LOAN AT THE
18 ANNUAL RATE OF 3%; AUTHORIZING AMENDMENT
19 TO THE CITY'S CAPITAL IMPROVEMENT PLAN FOR
20 FISCAL YEAR 2008/09; PROVIDING AN EFFECTIVE
21 DATE.
22
23 WHEREAS, on March 17,2009, the City Commission awarded a response to RFQ
24 024-2610-09/JA to Ellie's Catering, Inc., and authorized staff to negotiate a Lease
25 greement for Concession Operations at the Boynton Beach Library Cafe; and
26 WHEREAS, on April 3, 2009, the City issued a purchase order to JMW A Architects
27 o perform space planning, construction plans, and interior design services for the Cafe which
28 ere completed on June 23, 2009; and
29 WHEREAS, City staff will be utilized to perform part of the construction and the
30 emaining parts of the project will be awarded to the lowest bidders per specific trades; and
31 WHEREAS, staff is recommending an interfund loan trom the Sanitation Fund to
32 rovide funding for this project which will be paid back from revenue generated from the
33 ibrary Cafe Lease Agreement; and
ICC\WPIResolutions\2009\$allfish Cafe Librarydoc
.. I
1 WHEREAS, the City Commission will need to approve a construction budget in the
2 amount of $115,000 and amend the City's Capital Improvement Plan for Fiscal Year
3 2008/2009 by budgeting and appropriating the $115,000.00 to build out the Sailfish Cafe.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6 Section l. The foregoing "Whereas" clauses are hereby ratified and confirmed as
7 being true and correct and are hereby made a specific part of this Resolution upon adoption
8 hereof.
9 Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes and
10 directs the City Manager to execute a Three Year Lease Agreement for Concession Operations at
11 the Boynton Beach City Library Cafe between tre City of Boynton Beach and Ellie's Catering,
12 Inc., a copy of which is attached hereto as Exhibit "A".
13 Section 3. The City Commission of the City of Boynton Beach hereby approves a
14 construction budget in the amount of $1 04,452.00 plus a 10% contingency and $48 for a total
15 project budget of $115,000.00.
16 Section 4. The City Commission of the City of Boynton Beach hereby approves the
17 amendment of the City's Capital Improvement Plan (CIP) for fiscal year 2008/09 by budgeting
18 and appropriating $115,000.00 to build out the Sailfish Cafe.
19 Section 5. The City Commission hereby authorizes staff to act as General Contractor
20 to construct the improvements and award purchase orders to the lowest bidders per trade.
21 Section 6. The City Commission hereby authorizes an interfund loan with interest at
22 the annual rate of 3% from the Landfill Management Escrow Account in the Sanitation Fund to
23 the Capital Improvement Fund in order to provide a source of funds to cover construction costs
S-ICA\RESO\$ailfish Cafe - Library,doc
.. T
1 and the repayment of the loan from revenue received by the General Fund from the Lease
2 Agreement.
3 Section 7. This Resolution shall become effective immediately upon passage.
ih
4 PASSED AND ADOPTED this ~ day of September, 2009.
5
6
7
8
9
10
11
12
13
14
15 y
16
17
18
19 Commissioner - Ronald el
20
21
22
23
24 -a .~~
25
26
27 Commissioner - Marlene Ross
28 ATTEST:
29
30
31 YrJ. p~
32
33
34
35
36
37
38 (Corporate Seal)
39
40
S:\CA\RESO\Sailflsh Cale - Llbrary,doc
SAILFISH CAFE
Loan Amortization Schedule
.. ----. ----
Enter Valu.. ~I Loan sumrna~
--- - Loan Amountf$ 115,000:90 , Scheduled Payment $ _,----.1.?47.27 ~
Annual Interest Rate __ 3.00 % j Scheduled Number of Payments _ __ 72__1
Loan Period in Years __ 6 Actual Number of Payments 68
Number of Payments Per Year 12 Total Early payments! $_ _ _ _ - - -
Start Date of Loan - -12h/2009 Totall~teres-.! -$-------w:954.47 ~
o 'anal Extra P nts
PmtN Payment Beginning Scheduled Total Principal Interest Ending
o. Dale Balance Payment Payment Payment Payment Balance
1 1/1/2010 $ 115,000.00 $ . ---1;000.00 $ 1,000.00 -$ 712.50 $--- 287.50 $ 114,287.50
2 2/1/2010 114,287.50 1,000.00 1,000.00 714.28 285.72 113,573.22
3 3/1/2010 113,573.22 1,000.00 1,000,00 716.07 283.93 112,857.15
4 4/1/2010 112,85715 1,000.00 1,000.00 717.86 282.14 112,139.29
5 5/1/2010 112,139.29 1,000.00 1,000.00 719.65 280.35 111,419.64
6 6/1/2010 111,419,64 1,000.00 1,000.00 721.45 278.55 110,698.19
7 7/1/2010 110,898.19 1,700.00 1,700.00 1,423.25 276.75 109,274.94
6 8/1/2010 109,274.94 1,700.00 1,700.00 1,426.81 273.19 107,848.12
9 9/1/2010 107,848.12 1,700.00 1,700.00 1,430.38 269.62 106,417.75
10 10/1/2010 106,417.75 1,700.00 1,700.00 1,433.96 266.04 104,983.79
11 11/1/2010 104,983.79 1,700.00 1,700.00 1,437.54 262.46 103,546.25
12 12/1/2010 103,546.25 1,700.00 1,700.00 1,441.13 258.87 102,105.11
13 1/1/2011 102,105.11 1,800.00 1,800.00 1,544.74 255.26 100,560.38
14 211/2011 100,560.38 1,800.00 1,800.00 1,548.60 251.40 99,011.78
15 3/1/2011 99,011.78 1,800.00 1,800.00 1,552.47 247.53 97,459.31
16 4/1/2011 97,459.31 1,800.00 1,800.00 1,556.35 243.65 95,902.96
17 5/1/2011 95,902.96 1,800.00 1,800.00 1,560.24 239.76 94,342.71
18 6/1/2011 94,342.71 1,800.00 1,800.00 1,564.14 235.86 92,778.57
19 7/1/2011 92,778.57 1,BOO.00 1,BOO.00 1,568.05 231.95 91,210.52
20 8/1/2011 91,210.52 1.800.00 1,800.00 1,571.97 228.03 89,638.54
21 9/1/2011 89,638.54 1,800.00 1,800.00 1,575.90 224.10 B8,062.64
22 10/1/2011 88,062.64 1,800.00 1,800.00 1,579.84 220.16 86,482.80
23 11/1/2011 86,482.80 1,800.00 1,BOO.00 1,583.79 216.21 84,899.00
24 12/1/2011 84,899.00 1,800.00 1,800.00 1,587.75 212.25 83,311.25
25 1/1/2012 83,311.25 1,900.00 1,900.00 1,691.72 208.28 81,619.53
26 211/2012 81,619.53 1,900.00 1,900.00 1,695.95 204.05 79,923.58
27 3/1/2012 79,923.58 1,900.00 1,900.00 1,700.19 199.81 78,223.39
28 4/1/2012 78,223.39 1,900.00 1,900.00 1,704.44 195.56 76,518.94
29 5/1/2012 76,518.94 1,900.00 1,900.00 1,708.70 191.30 74,810.24
30 6/1/2012 74,810.24 1,900.00 1,900.00 1,712.97 187.03 73,097.27
31 7/1/2012 73,097.27 1,900.00 1,900.00 1,717.26 162.74 71,380.01
32 8/1/2012 71,380.01 1,900.00 1,900.00 1,721.55 178.45 69,658.46
33 9/1/2012 69,658.46 1,900.00 1,900.00 1,725.85 174.15 67,932.61
34 10/1/2012 67,932.61 1,900,00 1,900,00 1,730.17 169.83 66,202.44
35 11/1/2012 66,202.44 1,900.00 1,900.00 1,734.49 165.51 64,467.94
36 12/1/2012 64,467.94 1,900.00 1,900.00 1.738.83 161.17 62,729.11
37 1/1/2013 62,729.11 1,995.00 1,995.00 1,838.18 156.82 60,890.94
38 211/2013 60,890.94 1,995.00 1,995.00 1,842.77 152.23 59,048.16
3. 3/1/2013 59,048.16 1,995.00 1,995.00 1,847.38 147.62 57,200.79
40 4/1/2013 57,200.79 1,995.00 1,99500 1,852.00 143.00 55,348.79
41 511/2013 55,348.79 1,995.00 1,995.00 1,856.63 138.37 53,492.16
42 6/1/2013 53,492.16 1,995.00 1,995.00 1,861.27 133.73 51,630.89
43 7/1/2013 51,630.89 1,995.00 1,995.00 1,865.92 129.08 49,764.97
44 8/1/2013 49,764.97 1,995.00 1,995.00 1,870.59 124.41 47,894.38
45 9/1/2013 47,894.38 1,995.00 1,995.00 1,875.26 119.74 46,019.12
46 10/1/2013 46,019.12 1,995.00 1,995.00 1,879.95 115.05 44,139.16
47 11/1/2013 44,139.16 1,995.00 1,995.00 1,884.65 110.35 42,254.51
48 12/1/2013 42,254.51 1,995.00 1,995.00 1,889.36 105.64 40,365.15
49 1/1/2014 40,365.15 2,095.00 2.095.00 1,994.09 100.91 38,371.06
50 211/2014 38,371.06 2,095.00 2,095.00 1,999.07 95.93 36,371.99
51 3/1/2014 36,371.99 2,095.00 2,095.00 2,004.07 90.93 34,367.92
52 4/1/2014 34,367.92 2,095.00 2,095.00 2,009.08 85.92 32,358,84
53 5/1/2014 32,358.84 2,095.00 2,095.00 2,014.10 80.90 30,344.73
54 6/1/2014 30,344.73 2,095.00 2,095.00 2,019.14 75.86 28,325.60
55 7/1/2014 28,325.60 2,095.00 2,095.00 2,024.19 70.81 26,301.41
56 8/1/2014 26,301.41 2,095.00 2,095.00 2,029.25 65.75 24,272.16
57 9/1/2014 24,272.16 2,095.00 2,095.00 2,034.32 60.68 22,237.64
58 1011/2014 22,237.64 2,095.00 2,095.00 2,039.41 55.59 20,198.44
59 11/1/2014 20,198.44 2.095.00 2,095.00 2,044.50 50.50 18,153.93
60 12/1/2014 18,153.93 2,095.00 2,095.00 2,049.62 45.38 16,104.32
61 1/1/2015 16,104.32 2,200.00 2,200.00 2,159.74 40.26 13,944.58
62 211/2015 13,944.58 2,200.00 2,200.00 2,165.14 34.88 11.779.44
63 3/1/2015 11,779.44 2,200.00 2,200.00 2,170.55 29.45 9,608.89
64 4/1/2015 9,608.89 2,200.00 2,200.00 2,175.98 24.02 7,432.91
65 5/1/2015 7,432.91 2,200.00 2,200.00 2,181.42 18.58 5,251.50
68 6/1/2015 5,251.50 2,200.00 2,200.00 2,186.87 13.13 3,064.62
87 7/1/2015 3,064.62 2,200.00 2,200.00 2,192.34 7.68 872.29
68 811/2015 872.29 874.47 874.47 872.29 2.18 0.00
$ 125,954.47 $ 115,000.00 $ 10,954.47
S:\Finance\Bonds & Loans\ \ Sailfish Cafe \ Amortization Table
"THREE-YEAR LEASE AGREEMENT Hoq - l:7lo
CONCESSION OPERATIONS AT BOYNTON BEACH
CITY LIBRARY CAFE"
LOCATED AT
208 SOUTH SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and ELLIE'S CATERING. INC. hereinafter referred to as "the Concessionaire",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
I. 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 CITY LIBRARY CAFE"
LOCATED AT 208 SOUTH SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA
2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit
"A" 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 City Library and more particularly
described as "Library Cafe", located within Boynton Beach City Library, is a cafe area of
approximately seven hundred ninety-two (792) square feet; as well as up to one hundred sixty-
one (160) square feet of storage space to be determined by the Library Director. The space is
designated as the "Library Cafe", and is owned by the City of Boynton Beach, Florida and
operated for the selling of food and beverages for library 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 .
5. PAYMENT. The Concessionaire shall pay the City the lease payment as outlined below over
the term ofthe lease agreement.
Term Year (Months) Lease Payment
I....... ...............0-6....................... $1,000.00
1......................7-12..................... $1,700.00
2...................... 13-24.................... $1,800.00
3............. .........25-36..... ........ ....... $1,900.00
Lease payments will be increase by 5% annually if extended by renewal option as outlined in
Exhibit "A".
a. Said payment shall be made and received by the City on or before the I't 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 this agreement.
CA-]
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 Library Director. 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 5th day of each month to the Library 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 $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 Library 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 ofthe 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 ofthis 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.
CA-2
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 ofthis contract.
For breach or violation ofthis 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 ten (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 ofthe 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.
CA-3
15. RENEWAL. 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, at the City's sole discretion.
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 City Library
208 South Seacrest Boulevard
Boynton Beach, FL 33435
Attn: Craig Clark, Library Director
Notices to Concessionaire shall be sent to the following address:
Ellie's Catering, Inc.
2410 N. Federal Highway
Delray Beach, Fl 33483
Attn: James Guilbeault
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.
CA-4
DATED this ~ day of \=- e. 'c '\"' \A. C...;~.- t....t , 20 \ 0 .
- \ -
CITY OF BOYNTON BEACH /
ll-~ ;1'
City Manager ......
Attest/Authenticated: 6 V'fl;0
Title
. p~ (Corporate Seal)
Approved as to Form: Attest/Authenticated:
4
e-- 'l)n~: ~ -
Secretary
CA-5
EXHIBIT "A"
SCOPE OF SERVICES
Concessionaire:
1. Concessionaire shall pay a monthly lease payment to the City for the three years. Upon
renewal; 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 ofthe item.
3. Concessionaire shall provide all working capital, operating equipment, and inventory
necessary to effectively manage the concession.
4. The City will pay for all electric bills for the Library Cafe up to $250.00 dollars per month.
Concessionaire will be responsible for payment of electric bills related to the
concessionaire's operation in excess of $250.00 per month. A separate metering device will
be provided by the City and bills will be based on usage and existing electric rates for the
City Library. The average electric bill is being estimated at 250.00/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 (I) to three (3) days.
6. The City shall not operate any competing concessions at Boynton Beach City Library
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 City of Boynton Beach
for the exclusive use by residents and visitors to the Boynton Beach City Library.
8. Concessionaire may offer non-consumables for sale. Non-consumables may include, but are
not limited to books, newspapers, and novelty items; 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. The Library may request Concessionaire to offer the sale oft-shirts, hats, and other
merchandise fashioned with the Library 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.
II. The City reserves the right to inspect premises at any time.
CA-6
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
will be due the 5th of each month although the lease payment is due the 1 ,t 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 Library Director, a $1,000 security
deposit, refundable at the end of the term, without interest, after determination that the
Concessionaire has fulfilled all terms ofthe lease and left the premises in adequate condition,
as determined by the Recreation Director.
14. The Concessionaire shall not alter the character, structure, interior decoration or surfaces of
the premises with out the prior consent of the City in writing.
15. The Concessionaire shall furnish and install at its own expense all necessary telephone,
cable/satellite, and auxiliary equipment, and pay all costs incurred from said telephone and
cable/satellite equipment.
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. Bamey'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 are restricted by the City of Boynton Beach as follows:
Deep fat frying is not permitted:
. Bagels
. Muffins
. Condiments for Bagels
. Prepackaged sandwiches
. Prepackaged Salads with Prepackaged Dressing
. Prepackaged potato chips, peanuts, etc.
. Candy
CA-7
. Pizza
. 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:
I. The City will provide essential equipment for the operation of the cafe. An inventory of
essential equipment provided by the City is attached hereto in EXHIBIT "B". Concessionaire
will responsible to provide all other concession equipment that is required to operate and
maintain the cafe. Equipment may include, but is not limited to microwave/convection oven
combo, soup warmers, coffee brewer, tea brewer, toaster; conveyor type, soft serve ice cream
machine, paper napkin dispensers, cash registers, credit card machines, and/or cleaning
equipment.
2. The Concessionaire will be responsible for maintenance and repair of all City owned
equipment located in the cafe, further defined and listed in EXHIBIT "B" attached hereto.
3. All concession sales will utilize disposable plates, cups and cutlery.
Signage/Advertising:
I. Signs, advertising materials, posters, and other such material used by the Concessionaire shall
be subject to the approval of the Library Director.
Hours and Dates of Operations:
1. The Concessionaire shall be open for operations a minimum of five (5) days per week with
the following schedule: Monday tbru Thursday, 9:00 a.m. to 6:00 p.m. and Saturday 9:00
a.m. to 5:00 p.m. The Concessionaire at its discretion will be allowed to expand hours of
operation subject to prior approval from the Library Director. Approval will not be
unreasonably withheld. Total available hours are subject to the regulations of the City of
Boynton Beach. Exact time of opening and closing may have variations if approved by the
Library Director.
Security:
1. The Concessionaire will coordinate with Library Director to ensure that operation of the cafe
does not interfere or circumvent the safe and secure operation of the Library.
CA-8
2. The Concessionaire and all its employees will be required to obtain proper identification from
the City of Boynton Beach Police Department and will be required to wear id at all times
Outdoor Seating:
I. The Concessionaire at its discretion will be allowed to have outdoor seating. The
Concessionaire will be responsible to provide all seating and required to obtain any permits
from the appropriate governing agency. City shall have the final approval on number seats,
type of seating, storage and use of seating, and location of outdoor seating. Approval will not
be unreasonably withheld.
2. The Concessionaire will be responsible for setting up, storing, and maintaining all outdoor
seating.
Concession Personnel:
1. The Concessionaire will provide, supervise, and compensate all concession employees. The
staffwill 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 Library Director.
3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited
inside the Boynton Beach City Library buildings including the cafe area.
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 ofthe 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 ofthe 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
CA-9
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 maintain the premises in a clean and tenantable condition and will
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 Contract:
I. 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, subject to vendor acceptance, satisfactory performance
and determination that renewal will be in the best interest ofthe City.
2. Monthly payment to City shall be due the first (1 ") 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 ofthe 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.
CA-1O
EXHIBIT "B"
INVENTORY OF EQUIPMENT
EQUIPMENT SCHEDULE
Item
No Qtv EQuipment CoteQo~ Model Number SUPPLIED BY
1 2 Display Case. Relrigsrated GDM-4-5
3 1 Cabinet with Sinks Custom
4 1 Greo.e Trap GT-14
5 t Coffee Moker, Airpot, Automatic 1088 '11/7752 Concenionoire
6 1 I C<KI T eo EIrew.r 8740 Conceaaionoire
II 1 Tooster, Conveyor OOSI-350 Concessionaire
9 1 Oven. t.llcrowo'ie/Conwctlon. Combi ACE208 Concessionaire
11 1 Refrigerator, Undercounter TUR-48S0
12 1 Freezer, Unden::ounter TUF-48S0
15 1 Soup lAerchond i..r !l4290 Concessionaire
16 1 Display Case, Self-S<lrve. Refrigerote.l HU 0 L.R3852
17 1 Display Case, Self-Solrw. Refrigerote.l HU R L.R3852
18 1 Soft Serw Oispencer 161 Concessionaire
21 2 Dispenser, Napkin H2000SC
22 4- Dispen"er, Cup CJ200CH
25 1 Drspen....r, Ice/Bewrage By Vendor
26 1 Ie</' lAaker '11/0 Bin ICE0320FW
CA-ll
0
8
,
---
-.
---
17
,
__~fL....-
....------
1:5
.-,
If
CA-12
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.fI.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito, CMC
City Clerk
DATE: September 15, 2009
SUBJECT: R09-136 Three Year Lease Agreement Concession Operations at
Boynton Beach City Library Cafe
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 to
the City Clerk's Office for final execution.
Thank you.
~ 'tn. p,';,j.,
Attachments (2)
C: Central File
S:\CC\WP\AFrER COMMISSION\DepaTtmental Transmlttals\2009\Carol Doppler RQ9-131.doc
America's Gateway to the Gulfttream