R95-151
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RESOLUTION NO. R95-/.d/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDAAND SAN FRANCISCO PUFFS & STUFFS,
INC., PROVIDING FOR ALL FOOD VENDING FOR
THE G.A.L.A., SCHE:OULEDFOH MARCH 22, 23 AND
24, 1996; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton Beach, Florida approved
a bid ,from San Francisco Puffs & Stuffs, Inc., (Concessionaire) on December 6, 1994,
awarding all the food vending for the G.A.L.A., scheduled for March 1995; and
WHEREAS, it is the desire of the City Commission to exercise its option to renew
said Agreement between the City of Boynton Beach, Florida and San Francisco Puffs &
Stuffs, Inc., for an additional year, which would cover the concession for G.A.L.A.,
scheduled for March 22, 23 and 24, 1996, under the same terms and conditions of the
previous Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
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" Section 1. The Mayor and City Clerk are hereby authorized and directed to
I execute am Agreement between the City of Boynton Beach, Florida and San Francisco
I Puffs & Stuffs, Inc., said Agreement being attached hereto as Exhibit "A",
Section 2. This Resolution shall become effective immediately upon 'passage.
PASSED AND ADOPTED this /9 day of September, 1995.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor l (/f . ,
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Vice Mayor. , 5
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ATTEST:
GALA/Food
9/12/95
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AGREEMENT
THIS AGREEMENT made this ~day
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of
(hereinafter referred to as
"CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"),
hereby stipulated and agree to the following:
WHEREAS, CONCESSIONAIRE has been awarded all the food and beverage rights for
the G.A.L.A., scheduled for March 22, 23, and 24, 1996 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:
1. CONCESSIONAIRE is responsible for all food vendor site planning, booth
construction, set up, and clean up.
2. CONCESSIONAIRE will provide between ten (10) and fifteen (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.
3. 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 right-of-refusal privileges for 1996.
4. The non-profit organizations shall retain 100% of their gross revenue and their entry
fee shall be $25.00.
5. CONCESSIONAIRE shall utilize non-profit organization members as cashiers where
possible and pay an hourly wage of $6.50 for such services.
6. CONCESSIONAIRE shall contract for ice service for all concession operations.
7. CONCESSIONAIRE shall pay the CITY 50% of the listed entry fee and provide a
complete listing of all entries and the total of listed entry fees collected.
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8. CONCESSIONAIRE will provide six (6) 10ft. x 10ft. tents with sides for use by the
G.A.L.A. Committee (not vendors).
9. CONCESSIONAIRE will serve beverages such as ice tea, coffee, lemonade and fruit
punch. NO SODA.
10. 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
11. CONCESSIONAIRE will provide coffee, heated danish, cream, sugar, sweet-n-low,
cups, napkins for 350 people per day for all three (3) days, March 22,23,24, 1996
(6 a.m. - 12 p.m.).
12. CONCESSIONAIRE shall pay the City 30% of gross food sales and provide the City
with a complete, daily accounting report of.the gross receipts of the concession
operations.
13. No alcoholic beverages shall be sold on the G.A.L.A. site or as part of the "Taste of
G.A.L.A." concession program.
14. CONCESSIONAIRE shall be available to meet with the G:A.L.A. Committee to
discuss program format or any other pertinent information.
15. CONCESSIONAIRE shall assume the responsibility for all permits for all food
vendors as required by the Palm Beach County Health Department.
16. CONCESSIONAIRE shall provide a list of potential vendors no later than February
22, 1996, along with a sample menu for the Committee's review and approval.
17. 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.
111;
a. Worker's 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 federallaws. The policy must include Employer's Liability with a
limit of $100,000 each accident.
b. Comprehensive General Liability: Coverage should be pre occurrence,
combined single limit for bodily ,injury, personal injury and property damage
liability, including premises and operations.
Limits of coverage shall be based on the operation and exposure at hand.
minimum acceptable coverage limits shall be $1,000,000.00.
c. Business Auto Policy: Auto liability shall be required if vehicles are used or
are commercially parked.
Limits of coverage shall be based on the operation and exposure at hand.
Minimum acceptable coverage limits shall be $1,000,000.00.
d. Deductibles and Self-Insured Retentions: 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 oflosses and related investigation, claims administration and defense
expenses.
THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN THE
FOLLOWING PROVISIONS:
e. 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.
f. 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.
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g. 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.
h. 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.
1. CONCESSIONAIRE shall inform his insurer to furnish, directly to the City
of Boynton Beach, Certificates of Insurance with original Endorsements
affecting coverage 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 behalf and transmitted to Risk Management with attached
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.
J. 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.
18. The CITY reserves the right to renew this agreement, with vendor approval, for the
next G.A.L.A. or any other function which may require food Concessionaires.
19. CONCESSIONAIRES shall provide to the City, as a part of the bid, a list of festivals,
fairs and shows 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.
20. CONCESSIONAIRE will sponsor Two Hundred Dollars ($200.00) toward the
G.A.L.A. Youth Art Exhibit.
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IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed
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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 OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
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CITY CLERK
By
(CITY SEAL)
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SAN FRANCISCO PUFFS & STUFF, INC.
OFFICIAL NOTARY SEAL
ATTEST KARON CULVER
' : NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO, CC270998 -
-----' MY COMMISSION EX?, APR. 21.1997
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CONTRACTOR
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AUTHORIZED OFFICER
TITLE
(CORPORATE SEAL)
CITY MANAGER
CONTRACT DOCUMENTS;
Approved as to correctness and form:
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^)&T ,CITY ATTORNEY