R15-126 1 RESOLUTION NO. R15 -126
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
41 FLORIDA, APPROVING A TWO YEAR LEASE AGREEMENT
5 WITH ULTIMATE BAKERY AND PASTRY, INC., TO OPERATE
6 THE RESTAURANT AT THE LINKS GOLF COURSE AS A
7 RESULT OF RFP NO. 061 - 2910- 15 /JMA; AUTHORIZING THE
8 CITY MANAGER TO SIGN THE TWO YEAR LEASE
9 AGREEMENT WITH ULTIMATE BAKERY AND PASTRY, INC.;
10; A N D PROVIDING FOR AN EFFECTIVE DATE.
11
12 WHEREAS, on August 25, 2015, Procurement Services received and opened two
13 proposals in response to the "RFP for a Restaurant Concessionaire for the Links Golf
14' Course," RFP No. 061 - 2910- 15 /JMA; and
15 WHEREAS, the Links Golf Course is seeking an experienced and creative
16 concessionaire to supply and operate the food and beverage services within the Clubhouse
17 facility for a period of two years with three additional one year renewals; and
18 WHEREAS, upon recommendation of staff, the City Commission does hereby
19 approve the Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate
20 the restaurant at the Links Golf Course for a period of two years with three additional one
21 year renewals and authorizes the City Manager to sign the two year Lease Agreement
22 between the City of Boynton Beach and Ultimate Bakery and Pastry. Inc.
23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a part of this Resolution.
27 Section 2. The City Commission does hereby approve the Two -Year Lease
28 ! Agreement with Ultimate Bakery and Pastry, Inc., to operate the restaurant at the Links Golf
29 ' Course for a period of two years with three additional one year renewals and authorizes the
{00073490.1 306 - 9001821 } 1
30 City Manager to sign the two year Lease Agreement between the City of Boynton Beach
31 and Ultimate Bakery and Pastry, a copy of which is attached hereto as Exhibit "A ".
32 Section 3. This Resolution shall be effective immediately upon passage.
33 PASSED AND ADOPTED this 6 day of October, 2015.
34
35
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor — Jerry Taylor .7
41
42 Vice Mayor — Joe Casello ✓
1 43
44 Commissioner — David T. Merker ✓
45
46 Commissioner — Mack McCray i'
47
48 Commissioner — Michael M. Fitzpatrick
49
50
51 VOTE 0
52
53
54 ATTEST:
55
56
57 3 , r IIII = " , - -
58 Jan 1 Y ): AMC
�r "
60
62 (Co ' atal)
65,.;,
(00073490.1306- 9001821} 2
R15 -126
CONCESSIONAIRE SERVICES TO OPERATE A RESTAURANT AT THE
BOYNTON BEACH LINKS GOLF COURSE
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City ", and ULTIMATE BAKERY and CATERING, INC., hereinafter referred to as "the Operator ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services
in connection with the REQUEST FOR PROPOSAL FOR RESTAURANT CONCESSIONAIRE
SERVICES AT LINKS GOLF COURSE, located at 8020 Jog Road, Boynton Beach, Florida.
2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "A" attached
hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City
facility located at the Links Golf Course. Location is in the Golf Clubhouse The space is designated
as the "restaurant ", and is owned by the City of Boynton Beach, Florida and operated for the selling of
food and beverages to golf patrons and the general public.
4. TERM OF LEASE AGREEMENT: The lease agreement shall be for a period of two (2) years,
, with an option to renew for three (3) additional one -year periods
at the sole discretion of the City.
5. PAYMENT. The Concessionaire shall pay the City an annual sum of $7,000.00 or 6.5% of the gross
sales, whichever is greater, for year one; and an annual sum of $8,000.00 or 7.5% of the gross sales,
whichever is greater, for year two. Monthly payments will be established by Ultimate Bakery and
Catering and the City.
a. Said payment shall be made and received by the City on or before the 1 day of each and every
month. A late fee of 15% will be charged if payment is received after the 5 day of the month.
Any monthly payment not received by the 25 day of the month shall be grounds for termination
of the contract.
b. Operator will keep accurate records of all sales and receipts through the use of electronic cash
registers, which provide daily tapes and reports. The Operator will prepare a monthly report to
the City and attach copies of daily tapes of each report. The City will have the right to inspect the
books, records and inventories of the Operator at any given time. Monthly reports shall be due
on the first of each month.
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 $1,500.00 made by the Operator at time of award will be returned to Operator
at the end of the lease, without interest, after determination that the Operator has fulfilled all
terms of the lease and left the premises in adequate condition, as determined by the Links Golf
Course Manager.
e. The Operator'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 the 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 Operator in connection with the services rendered under this agreement
shall be the property of the City.
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 1
R15 -126
7. COMPLIANCE WITH LAWS. Operator 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.
8. INDEMNIFICATION. Operator 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 legal fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Operator's own employees, or damage to property occasioned by a negligent
act, omission or failure of the Operator.
9. INSURANCE. The Operator 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 ten (10) days of notice of award and every year thereafter upon renewal for the duration
of the contract.
Operator and the City agree that the Operator The O p
10. INDEPENDENT CONTRACTOR. p Y erator is an 9
independent contractor with respect to the services provided pursuant to this agreement. Nothing in
this agreement shall be considered to create the relationship of employe r and employee p y ee between the
parties hereto. Neither Operator nor any employee of Operator 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 Operator, or any employee of Operator.
11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Operator, 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 Operator, 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. Discrimination prohibited. The operator, 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 Operator shall not sublet or assign any of the services covered by this
agreement without the direct written consent of the City Manager.
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 thirty (30) days after delivery of written
notice of such termination.
b. In the event of the death of a member, partner or officer of the Operator, or any of its supervisory
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 2
R15 -126
CONCESSIONAIRE SERVICES TO OPERATE RESTAURANT AT THE
BOYNTON BEACH LINKS GOLF COURSE
EXHIBIT `A'
1.3 OBLIGATIONS OF THE LINKS AT BOYNTON BEACH:
vie the following:
The Links will provide : g
• Electric service
• Hot and cold water service
• Cable Service including ESPN and the GOLF Channels
• Wi -Fi
• Monthly General Pest Control for the building
• Fire suppression and alarm system
• Freezer
• Two (2) Reach -in Refrigerators
• Under counter Refrigerator
• Keg Beer Cooler (behind bar)
• Keg Beer Cooler (small holder cooler)
• Bottle Cooler
• Ice Machine
• Sandwich Unit Bay
• Gas Range
• Electric Deep Fryer
• Gas Broiler
• Flat Top Griddle
• Dishwasher /Sanitizer
• 11 Tables; 40 Chairs; 11 Bar Stools
• Metal containers for trash and recyclables
The Links will be responsible for the repair and maintenance of the above equipment.
Necessary repairs to the ventilation hood will be determined by the Links and will be the
responsibility of the Links golf Course.
All cleaning of the ventilation hood is the responsibility of the concessionaire. The hood
is to be cleaned at a minimum of every 90 days. Concessionaire is also responsible for
passing the semi - annual inspections of the ventilation hood.
1.4 OBLIGATIONS OF THE CONCESSIONAIRE /OPERATOR:
A. The Concessionaire will provide the following:
• Point -of -sale system
• All restaurant supplies to include food, beverages, paper and plastic products,
propane, and cleaning supplies, glassware, china, pots and pans utensils;
• Concessionaire shall accept credit cards for payment.
• Any equipment needed in addition to equipment provided by the Links, e.g.,
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 5
R15 -126
microwave, toasters, blenders, etc.
• Signs and advertising materials (subject to approval of the Golf Operations
Manager).
• All personnel needed for the operation of the Restaurant.
B. The concessionaire shall provide all working capital, additional operating
equipment, and inventory necessary to effectively manage the restaurant.
C. The concessionaire will sell quality food and beverages as allowed by the Links
at competitive prices.
D. Concessionaire may offer non - consumables for sale with written approval of Golf
Operations Manager.
E. Concessionaire shall submit a sample written menu with proposal to include the
h products being offered and a description name oft e p g tion of the item. p
F. The City reserves the right to inspect the leased premises at any time.
G. The City will not operate any competing concessions at the Links Golf Course.
H. Concessionaire will show appropriate programs on televisions to include sports
and news. Golf Operations Manager will make final determination on what are
appropriate programs.
The concessionaire shall have been actively conducting a profitable food and
beverage business for a minimum of five (5) years.
J. At time of award, the concessionaire shall submit a $1,500.00 security deposit.
This security will be deposited in a non - interest bearing account and will be
Returned at lease end after determination that the concessionaire has fulfilled
All terms of the lease and left the premises in satisfactory condition (as
determined by the Golf Operations Manager).
K. The concessionaire will be responsible for pest control in the kitchen, behind
the bar and the food storage areas. The concessionaire shall be responsible for
meeting any and all federal, state, and local regulations regarding food sanitation
and pest control.
L. The concessionaire will be responsible for bringing their recyclables and trash
to the designated dumpsters. Boxes are to be broken down before disposal.
M. The concessionaire will be responsible for keeping the restaurant and kitchen
clean and free of debris.
N. The concessionaire will be responsible for the four (4) Pepsi beverage vending
machines, three located on the course, and one in the Clubhouse.
Concessionaire will purchase the beverages through Pepsi and will stock the
machines and retain the profits.
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 6
R15 -126
1.5 FOOD PRODUCTS:
1.5.1 All food, drinks, beverages, confectionery, and snacks, sold or kept for sale shall
be of First Quality and conform in all respects to the federal, state, and municipal
laws, ordinances and regulations.
1.5.2 No imitation, adulterated, or misbranded article shall be sold or kept for sale. All
products kept on hand shall be stored and handled with due regard for
sanitation.
1.5.3 Concessionaire shall utilize brand products, i.e., Starbucks, Pepsi, Coca Cola,
etc.
1.5.4 Concessionaire will be responsible for the purchase, inventory, and security of
all food products offered for sale in the Restaurant.
1.5.5 Delivery of food, beverages, and supplies will be arranged so as not to create
congestion or undue interference in Club operations.
1.5.6 Items sold by the concessionaire shall include, but are not limited to:
• Fried foods: French fries; onion rings, chicken, etc.
• Pizza
• Hamburgers and Hot Dogs
• Sandwiches
• Salads
• Pastries
• Snacks (chips, peanuts, pretzels, candy, granola /energy bars, etc.)
• Beverages
• Beer and Wine
1.5.7 The Golf Operations Manager or his designee shall reserve the right to "taste
test" all menu items to insure quality.
1.6 CONCESSION PERSONNEL:
1.6.1 The concessionaire will provide the concession employees, and supervise and
compensate the operator's employees. The concessionaire shall at all times
be an independent contractor and shall not be an employee of the City of
Boynton Beach. The Lease Agreement shall not in any way create or form a
partnership of joint venture with the City of Boynton Beach. No agent, servant, or
employee of the concessionaire shall under any circumstances be deemed and
agent, servant, or employee of the City.
1.6.2 Concessionaire's staff shall be dressed neatly, and in clean and appropriate
clothing.
1.6.3 Concessionaire shall provide a list of employees to the City with proof of a
background check with the State of Florida Department of Law Enforcement.
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 7
R15 -126
Results of the background check shall be shared with the City and the City
shall not approve a potential employee with unacceptable background
investigation results.
1.6.4 Concessionaire shall employ only competent personnel to perform the restaurant
services. If at any time during the term of this lease agreement, the City in its
sole discretion, desires the removal of any person or persons employed by
concessionaire due to an infraction of the rules of conduct, the concessionaire
shall remove any such person immediately upon receiving notice from the City.
1.6.5 Concessionaire shall be certified in the proper handling of food, and assumes full
responsibility for the proper and safe dispensing of alcoholic beverages to the
customers.
1.6.6 Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS) for
all products used in the performance of the lease agreement. The MSDS shall
be accessible to the concessionaire's employees and City employees for the
purpose of reference regarding toxic and hazardous properties; precautions; and
procedures in the event of an emergency.
1.7 TERM OF LEASE AGREEMENT:
1.7.1 The lease agreement shall be for a period of two (2) years,
through , with an option to renew for three (3) additional one -
year periods, subject to concessionaire acceptance, satisfactory performance,
and determination that the renewal will be in the best interest of the City. The
decision to renew the lease shall be at the sole discretion of the City.
1.7.2 Established monthly lease payments to the City shall be due the first day of each
month. Any monthly payment received after the 5 of the month shall be subject
to a 15% late fee. Any monthly payment received after the 25 day of the month
shall be assessed a 15% late fee and shall be grounds for termination of
agreement.
1.7.3 The lease agreement may, at the option of the City, be terminated immediately if
the concessionaire becomes insolvent or bankrupt, make an assignment for the
benefit of creditors, or be convicted of a crime, or any other similar gross
misconduct.
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 8
R15 -126
CONCESSIONAIRE SERVICES TO OPERATE A RESTAURANT AT THE
BOYNTON BEACH LINKS GOLF COURSE
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City ", and ULTIMATE BAKERY and PASTRY, INC., hereinafter referred to as "the Operator ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services
in connection with the REQUEST FOR PROPOSAL FOR RESTAURANT CONCESSIONAIRE
SERVICES AT LINKS GOLF COURSE, located at 8020 Jog Road, Boynton Beach, Florida.
2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "A" attached
hereto, including the provision of all labor, materials, equipment and supplies.
3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City
facility located at the Links Golf Course. Location is in the Golf Clubhouse The space is designated
as the "restaurant ", and is owned by the City of Boynton Beach, Florida and operated for the selling of
food and beverages to golf patrons and the general public.
4. TERM OF LEASE AGREEMENT: The lease agreement shall be for a period of two (2) years,
NOV. 3 2.Oi TO NOV. 2 r Lot 7 , with an option to renew for three (3) additional one -year periods
at the sole discretion of the City.
5. PAYMENT. The Concessionaire shall pay the City an annual sum of $7,000.00 or 6.5% of the gross
sales, whichever is greater, for year one; and an annual sum of $8,000.00 or 7.5% of the gross sales,
whichever is greater, for year two. Monthly payments will be established by Ultimate Bakery and
Catering and the City.
a. Said payment shall be made and received by the City on or before the 1 day of each and every
month. A late fee of 15% will be charged if payment is received after the 5 day of the month.
Any monthly payment not received by the 25 day of the month shall be grounds for termination
of the contract.
b. Operator will keep accurate records of all sales and receipts through the use of electronic cash
registers, which provide daily tapes and reports. The Operator will prepare a monthly report to
the City and attach copies of daily tapes of each report. The City will have the right to inspect the
books, records and inventories of the Operator at any given time. Monthly reports shall be due
on the first of each month.
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 $1,500.00 made by the Operator at time of award will be returned to Operator
at the end of the lease, without interest, after determination that the Operator has fulfilled all
terms of the lease and left the premises in adequate condition, as determined by the Links Golf
Course Manager.
e. The Operator'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 the 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 Operator in connection with the services rendered under this agreement
shall be the property of the City.
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 1
R15 -126
Failure of the contractor to comply with the provisions set forth in this General Condition shall
constitute a Default and Breach of the Agreement with the City.
19. 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 l day of ° C-11° , 2015.
CITY OF BOYNTON BEACH ULTI TE BAKERY AND PASTRY, INC.
cam- I4 - - e-t"
L ri LaVerriere, City Manager. ;T''' Name
Attest/Authenticated: CW&XX/ PSLA
to O ',-', Title
r 0 N 6
a l • ' � ...._• (Corporate Seal)
Or et Prainito, City Clerk
Approved as to F Attest/Authenticated:
James A. Cherof, Attorney Secretary
CITY OF BOYNTON BEACH
RFP No.: 061 - 2910- 15 /JMA 4