R14-049 II
1 RESOLUTION NO. R14 -049
2
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A VENDOR AGREEMENT WITH SAN
FRANCISCO PUFFS AND STUFF, INC., FOR
CONCESSIONAIRE SERVICES FOR THE 4 OF JULY
EVENT; AND PROVIDING AN EFFECTIVE DATE.
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11 WHEREAS, a Request for Quotation Q-050-2710-14/JMA was issued for
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12 Concessionaire Services for the 4 of July Fireworks event; and
13 WHEREAS, the City received two qualified quotations with San Francisco Puffs and
14i Stuff, Inc., proposing the highest percentage of gross sales after sales tax; and
15 WHEREAS, upon recommendation of staff, the City Commission has determined
16 that it is in the best interests of the residents of the City to approve a Vendor Agreement with
17 ! San Francisco Puffs and Stuff, Inc., for concessionaire services for the 4 of July Event to be
1: held at Intracoastal Park and authorizes the City Manager to enter into a Vendor Agreement
1 • ( wherein the City will receive a fee of 25% of gross sales after sales tax.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
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24! hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby approve a Vendor Agreement with San Francisco Puffs and Stuff, Inc., for
271 concessionaire services for the 4 of July Event to be held at Intracoastal Park and authorizes
28 the City Manager to enter into a Vendor Agreement wherein the City will receive a fee of
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1 25% of gross sales after sales tax, a copy of which is attached hereto as Exhibit "A ".
2 Section 3. This Resolution shall become effective immediately upon passage.
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4 PASSED AND ADOPTED this 17 day of June, 2014.
5
6 CITY OF BOYNTON BEACH, FLORIDA
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8
9 i.I1
10 ay or — J/ Tay dr
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12 1 '
13 /` ► • •
14 Vi e Mayor — J Casello
16'
161
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16 Commissioner — David T. Merker
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201
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2Z . ��
,. lone ► 1 c Mc . ay
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241 4
251
261 j Commissioner — Michael M. Fitzric
2 ATTEST: �
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3I ( Jo t M. Prainito, MMC,
31 ' ty Clerk
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VENDOR AGREEMENT
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and SAN FRANCISCO PUFFS AND STUFF, INC. hereinafter referred to as "the
Vendor ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1 PROJECT DESIGNATION. The Vendor has been awarded the food and beverage
concession rights for the July 4' 2014 Fireworks Event to be held at the Intracoastal Park,
2240 N. Federal Highway, Boynton Beach, FL 33435
2 SCOPE OF SERVICES. Vendor 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 her designee.
3 PAYMENT The Vendor shall pay the City of Boynton a fee of Twenty -five Percent (25 %) of
the Gross Sales (after sales tax) from the July 4, 2014 Event. Gross sales to include all food
and beverage concessions
4 COMPLIANCE WITH LAWS. Vendor 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
5. INDEMNIFICATION. Vendor 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 Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor
6. INSURANCE The Vendor 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 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 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.
7 INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any
employee of Vendor
8. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Vendor,
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
9 DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed 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.
10. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City
11 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
12 TERMINATION
a The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Vendor.
b In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
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 Vendor and the City, if the City so chooses.
13 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.
14 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 Lori LaVerriere, City Manager
Notices to Vendor shall be sent to the following address:
Mr. C. Kevin Grim
San Francisco Puffs & Stuff, Inc.
3698 NW 16 Street
Fort Lauderdale, FL 33311
15. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Vendor 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 Vendor.
DATED this 45 day of , 2014
CITY OF BOYNTON BEACH
i anager San Francisco Puffs & Stuff, In .
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GP I Y A'
Attest/Authenticated:
Ca ( 1 Tile
U
�- 1 . . ON IP
L - _ �A.--t_ _LA _ _t► (Corporate Seal)
Clerk
Approved as to Form: Attest/Authenticated:
--------
Office of the City Attorney Secretary
EXHIBIT "A"
The awarded Concessionaire shall assume all food and beverage rights for the City of
Boynton Beach July 4 Event based on the following list of specifications
— Concessionaire is responsible for all food and beverage vendor site planning,
booth assembly and set -up and tear -down.
— Concessionaire will provide a minimum of eight (8) professional food and
beverage vendors offering a variety of menu items, snack carts to supplement
vendor stands; and a beer and wine vendor, to adequately serve an estimated
5,000 to 7,500 spectators.
— Concessionaire will provide beverages such as soda, water, juice drinks, iced
tea, coffee, and lemonade.
— Concessionaire will provide ten (10) round tables with umbrellas and fifty (50)
chairs
— Concessionaire shall assume the responsibility for all permits for food vendors as
required by the Palm Beach County and State of Florida Health Departments
— Concessionaire shall provide their own power (quiet generators) for the food and
beverage booths.
— Concessionaire shall contract for ice service for all concession operations
— It shall be the responsibility of the successful bidder to maintain workers'
compensation insurance, property damage, liability insurance and vehicular
liability insurance, during the time any of his personnel are working on City of
Boynton Beach property Loss by fire or any other cause shall be the
responsibility of the vendor until such time as the items and /or work has been
accepted by the City The vendor shall furnish the City with a certificate of
insurance after award has been made prior to the start of any work on City
property Said insured companies must be authorized to do business in the
State of Florida and the City will not accept any company that has a rating less
than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. The City
of Boynton Beach is to be named an "additional insured" on the Certificate of
Insurance.
See Insurance Requirements – "Insurance Advisory Form ".
— Responder understands and acknowledges that his /her service will be governed
by Florida's Public Records and Sunshine laws.
— Concessionaire will be available to meet with the July 4 Event Planning
Committee and will present a plan for the food and beverage set -up.
— Concessionaire will provide the City with the list of participating food and
beverage vendors by June 23, 2014
The City of Boynton Beach will provide trash receptacles and clean -up for the July 4th
Fireworks Event.
Appropriate parking will be provided to the Concessionaire and participating vendors
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of
Boynton Beach as Additional Insured This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A M. Best Co of `B +" or higher. (NOTE An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of
insurance required of contractors, lessees, etc , and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000 00
Commercial General Liability Products - Comp /Op Agg $ 1,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000 00
Professional Liability Fire Damage (any one fire) $ 50,000.00
Employees & Officers Med Expense (any one person) $ 5,000 00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Pioducts Completed Operations
Contractual
independent Contractors
Broad Form Property Damage
Fire Legal Liability
Automobile Liability Combined Single Limit $ 300,000 00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000 00
Non -Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000 00
Garage Keepers Liability Each Accident $ 1,000,000 00
Aggregate $ 1,000,000.00
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000 00
Disease, Policy Limit $ 500,000 00
Disease Each Employee $ 100,000 00
Property
Homeowners Revocable Permit $ 300,000 00
Builder's Risk Limits based on Project Cost
Other - As Risk Identified to be determined
INSURANCEADVISORYFORM Revised 11/2012