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R00-009RESOLUTION NO. R00-~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RENEWAL OF BID FOR THE BEVERAGE AND FOOD CONCESSIONAIRES FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2000 TO KIWANIS CLUB OF BOYNTON BEACH, FLORIDA FOR THE BEVERAGE PORTION, AND SAN FRANCISCO PUFFS & STUFF, INC., OF FT. LAUDERDALE, FLORIDA FOR THE FOOD PORTION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT DOCUMENTS BETWEEN THE CITY OF BOYNTON BEACH AND KIWANIS CLUB OF BOYNTON BEACH, FLORIDA AND SAN FRANCISCO PUFFS & STUFF, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the 3ity of Boynton Beach does hereby approve the renewal the bid for the Beverage and Food Concessionaires for the GREAT AMERICAN LOVE AFFAIR 'G.A.L.A.) and CULTURAL FESTIVAL 2000 to Kiwanis Club of Boynton Beach, :lorida for the beverage portion. And San Francisco Puffs & Stuff, Inc., of Ft. Lauderdale, Florida for the food portion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the renewal of the bid for the Beverage and Food 3oncessionaires for the GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND CULTURAL FESTIVAL 2000 to Kiwanis Club of Boynton Beach, Florida for the Beverage Portion and San Francisco Puffs & Stuff, Inc., of Ft. Lauderdale, Florida for the Food Portion, a copy of each Agreement is attached hereto as Composite Exhibit "A". Section 2. That this Resolution shall become effective immediately. ~¢N~ON~ ¥i e~May~or Mayor Pro Commissioner Commissioner ATTEST: - 2000 (BEVERAGE CONCESSIONAIRE) AGREEMENT THIS AGREEMENT made this lSrday of February. 2000 , between KIWANIS CLUB OF BOYNTON BEACH hereinafter referred to as ,CONCESSIONAIRE) and- the CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agrees to the following: WHEREAS, CONCESSIONAIRE has been awarded the beverage concession rights for G.A.L.A. scheduled for March 17, 18~ 19, 2000, to be located on East Ocean Avenue between US#1 aad Seacrest Blvd., Boynton Beach, Florida, according to the following conditions as submitted in the CONCESSIONAIRE'S bid document: CONCESSIONAIRE awarded the contract shall assume beverage rights based on the following list of specifications. Beverages are def'med as soda, bottled water, iced tea, juice drinks, sports drinks only. Due to sponsor agreements, the G.A.L.A. Committee reserves the right to designate the product/brand sold. CONCESSIONAIRE is responsible for all beverage set-up and clean-up. CONCESSIONAIRE will provide a minimum of three- (3) beverage trailer or stations to be placed at locations which are mutually agreed upon between the CONCESSIONAIRE and the CITY. If beverage trailers are not used, each beverage station shall have a 10' x 10' white canopy tent and clean counter service area. CONCESSIONAIRE will serve only beverages such as soda, bottled water, iced tea, juice drinks, and sports drinks only. CONCESSIONAIRE agrees to store all supplies out of view of event spectators. CONCESSIONAIRE shall pay.the CITY a minimum flat fee of $2,000 in cash. Twenty percent (20%) due upon CITY of Boynton Beach Commission award and eighty percent (80%) due no later than March 13, 2000. ~ In addition, please list anything else you could provide, in-kind or cash; to be considered in this bid evaluation. -16 CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. CONCESSIONAIRE shall assume the responsibility for all permits as required by the Palm Beach COunty Health Department. CONCESSIONAIRES shall procure and maintain for the duration of the agreement insurance against claims for inj uries to persons or damage to property that may arise from or in connection with the CONCESSIONAIRE'S operation. The cost of such insurance shall be borne by the CONCESSIONAIRE. 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 federal laws. The policy must include Employer's Liability with a limit of $100,000 each accident. Comprehensive General Liability: Coverage shall be provided for all employees.. The coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a limit of $100,000 each accident. Limits of coverage shall be based on the operation and exposure at hand. Minimum acceptable coverage limits shall be $1,000,000.00. Co Business Auto Policy: Not required unless there is a specific relationship to the contract. If required; the same limits listed under Comprehensive General Liability shall apply. This shall include Owned Vehicles, Hired and Non- owned Vehicles, and Employee non-ownership. Deductibles and Self-Insured Retention: 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 retention as re~ects the CITY, its Officers, Officials, Employees or Volunteer; or the CONCESSIONAIRE shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN THE FOLLOWING PROVISIONS: The CITY of Boyntop Beach, its Officers, Officials, Employees and Volunteers shall be iiacluded 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. 17 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. Current, valid insurance policies meeting the 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, remm receipt requested, has been given to the CITY. 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. 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 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. 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. The CITY of Boynton ap C( sh, C( thc Beach reserves the right to renew this contract for one (1) year, with vendor ~roval, for future G.A.L.A.'S. ~NCESSIONAIRES shall provide to the CITY, as a part of the bid, a list of festivals, fairs, and )ws (including prior G.A.L.A. beverage experience) for which they have served as )NCESSIONAIRE in the past four (4) years to include the name, address and phone number of person or persons with whom they have contracted. 18 IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of which shall for all purposes be deemed the original. ATTEST: TITLE CITY OF BOYNTON BEACH PALM BEAC~OW~y,/~ORIDA By / .~, ./~y~R.~(//~-~ AUTHORIZED OFFICER (CORPORATE SEAL) CONTRACT DOCUMENTS:. Approved as to ~ form: CITY ATTORNEY /' 19 (FOOD CONCESSIONAIRE) AGREEMENT THIS AGREEMENT made this lstdayof February, 2000 ,between SAN FRANCISCO PUFFS. & STUFF., INC. (hereinafter referred to as "CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agree to the following: WItEREAS, CONCESSIONAIRE has been awarded the food concession rights for G.A.L.A. scheduled for March 17,18, 19, 2000, to be located on East Ocean Avenue between US#1 and-Seacrest Blvd., Boynton Beach, Florida, according to the following conditions as submitted in the CONCESSIONAIRE'S bid document: CONCESSIONAIRE is responsible for all food vendor site planning, booth construction, set-up, clean-up and steam clean cooking area after the event. CONCESSIONAIRE will provide professional food vendors offering a variety of menu items to sufficiently serve an expected crowd of 40,000 persons over the 3-day period of the festival. 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 fight-of-refUsal privileges for 2000. 4. The non-profit organizations (excluding any organization bidding on this project) shall retain 100% of their gross revenue and their entry fee shall be $125.00. CONCESSIONAIRE shall contract for ice service for all concession operations. CONCESSIONAIRE will pay the CITY 100% of the non-profit entry fee and provide a complete listing of all entries and the total of listed entry fees collected. CONCESSIONAIRE will serve beverages such as hot cocoa, coffee and lemonade. No juice drinks. No soda. No water. No iced tea. No sport drinks. Due to sponsor agreements, the G.A.L.A. Committee reserves the right to designate the product/brand sold. 20 CONCESSIONAIRE will provide fifteen (15) round picnic tables, sixty (60) chairs, fifteen (15) umbrellas as indicated below: Food Court Area: 15 round picnic tables 60 chairs 15 umbrellas CONCESSIONAIRE shall pay the CITY a minimum flat fee of $12,500 in cash. Twenty percent (20%) due upon the bid award by Boynton Beach CITY Commission and eighty percent (80%) due no later than March 13, 2000. 10. In addition, please list anything else you could provide, in-kind or cash, to be considered in this bid evaluation. 11' CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. 12. CONCESSIONAIRE shall assume the responsibility for all permits for all food vendors as required by the Palm Beach County Health Department. 13. CONCESSIONAIRE shall provide a list of potential vendors no later than February 18, 2000, _ along with a sample menu for the Committee's review and approval. 14. CONCESSIONAIRES shall procure and maintain for the duration of the agreement Insurance against claims for injuries to persons or damage to property that may arise from or in connection with the CONCESSIONAIRE'S operation. The cost of such insurance shall be borne by the CONCESSIONAIRE. 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 federal laws. The policy must include Employer's Liability with a limit of $100,000 each accident. Comprehensive General Liability: Coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include Employer's Liability with a limit of $100,000 each accident. Limits of coverage shall be based on the operation and exposure at hand. Minimum acceptable coverage limits shall be $1,000,000.00. 21 Business Auto Policy: Not required unless there is a specific relationship to the contract. If required, the same limits listed under Comprehensive General Liability shall apply. This shall include Owned Vehicles, Hired and Non- owned Vehicles, and Employee non-ownership., Deductibles and Self-Insured Retention: 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 retention as respects the CITY, its OffiCers, Officials, Employees or Volunteer; or the CONCESSIONAIRE shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expens_es. THE POLICIES ARE TO CONTAIN OR BE ENDORSED TO CONTAIN THE FOLLOWING PROVISIONS: eo 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. 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. Current, valid insUrance policies meeting the 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, retum receipt requested, has been given to the CITY. ho 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. 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 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. 22 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. 15. The CITY of Boynton Beach reserVes the right to renew this contract for one (1) year, with vendor approval, for future G.A.L.A.'S. 16. CONCESSIONAIRES shall provide to the CITY, as a part of the bid, a list of festivals, fairs, and shows (including prior G.A.L.A. food and beverage experience) 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. 17. CONCESSIONAIRE will submit h themed design plan for approval by G.A.L.A. Committee by February 18, 2000. The plan will include a layout or plan, sketch of theme element and color swatches or chips (or photographs). All food areas must be cOntained with committee approved fencing or enclosures. 23 IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of which shall for all purposes be deemed the original. ATTEST: CITY CLE~,_K _"7.~,,,?'~O'~N?O (CITY SE~) = -: · ATTEST: TITLE (CORPORATE SEAL) CONTRACT DOCUMENTS: CITY OF BOYNTON BEACH By// t. CONTRACTOR AUTHORIZED OFFICER Approved at to ~ form: CITY ATTORNEY 1' 24