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R02-009 RESOLUTION R02- OOe[ 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 (CITY) AND THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE, PROVIDING FOR THE CHAMBER 7to PLAN. ORGANJZE AND IMPLEMENT THE G.A.L:A. WINE & BEER GARDEN DURING THE MARCH 23 24. 2002 FESTIVAL (BID NO. 025-2710- 02/KR); AND PROVIDING AN EFFECTIVE DATE. WItEREAS, on December 27, 2001. two proposals were received for Bid No. D25-2710-02/KR, and staffhas determined that it would be in the best interest of the City ro split the award between the two bidders, with food and beverage concession being a~varded to San Franciso Puffs and Stuff and beer and wine to the Greater Boynton Beach Chamber of Conanerce; VCI-IEREAS, the City of Boynron Beach G.A.L.A. ~s an armual, art/cultural festival attracting between 40,000 and 50,000 people; and WItEREAS, the 2002 G.A.L.A. is scheduled to be held on March 23 and 24th, 2002; and WHEREAS, the Greater Boynton Beach Chamber of Commerce has the mowledge, ability and experience to coordinate the Wine & Beer Garden at this event; md NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does ereby authorize and direct the Mayor and City Clerk to award the beer and wine :oncession bid ~025-2710-02/KR) to the Greater Boynton Beach Chamber of Commerce ;or the 2002 G.A.L.A. festival scheduled to be held March 23 and March 24. 2002. A ropy of the Agreement is attached hereto as Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this {ti- day of January, 2002. ATTEST: Comm' ' ne Commissioner BEER & WINE CONCESSIONAIRE AGREEMENT THIS AGREEMENT made this ES day of ,.~,,- ~',~ ,,~a~ . between THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE (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 23 & 24, 2002, to be located on Ocean Avenue from 3rd Street, east across Federal Highway (U.S. 1) to 6~ Street, including 6~ Court, north of Ocean Avenue, Boynton Beach, Florida, according to the following conditions as submitted in the CONCESSIONAIRE'S bid document: CONCESSIONAIRE awarded the contract shall assume beer & wine rights based on the following list of specifications. Beer & wine are defined as BEER and WINE ONLY. Due to sponsor agreements, the G.A.L.A. Committee reserves the right to designate the product/brand sold. CONCESSIONAIRE will provide a minimum of two (2) or a maximum of three (31 beer & wine trailers or stations to be called the "Beer and Wine Gardens", and will be placed at locations which are mutually agreed upon between the CONCESSIONAIRE and the CITY. If trailers are not used, each beer & wine station shall have a 10' x 10' white canopy tent and clean counter service area. 2. The ONLY alcoholic beverages the CONCESSIONAIRE will serve are beer & wine. 3. CONCESSIONAIRE agrees to store all supplies out of view of event spectators. CONCESSIONAIRE is responsible for all beer & wine set-up and clean-up. CONCESSIONAIRE shall pay the CITY a clean-up deposit in the amount of two hundred dollars ($200.00). The clean-up deposit will be fully refundable if the event site passes mspection by G.A.L.A. staff. A checklist will be provided to the CONCESSIONAIRE to ensure proper clean-up of the event site. Clean-up deposit will be paid to the CITY no later than Janumy 22, 2002. CITY staff and volunteers will be responsible for collecting all monies for beer & wine in exchange for a ticket(s) at designated ticket booths. The CITY will establish a special account t'or all monies received from ticket sales, and special account will be reconciled by the CITY of Boynton Beach. 6. CONCESSIONAIRE will be responsible for collecting beer & wine tickets for ail beer & wine items sold and WILL NOT ACCEPT ANY CASH AS PAYMENT. At the close of the event each day, CONCESSIONAIRE wilt count all beer & wine tickets collected and deliver them to CITY staff for the CITY to reconcile. 1 PART 1II CITY wilt pay CONCESSIONAIRE seventy-five percent (75%) of the gross beer & wine sales. Gross beer & wine sales will be determined by the number of beer & wine tickets collected by CONCESSIONAIRE and delivered to CITY staff at the close of the event each day. A check will be sent to CONCESSIONAIRE after fmal close of the two-day event and reconciliation by the CITY. 8. CITY will retain twenty-five pement (25%) of the gross beer & wine sales after reconcihation by the CITY. Gross beer & wine sales will be determined by the number of beer & wine tickets collected by CONCESSIONAIRE and delivered to G.A.L.A. staff at the close of the event each day. 9. Beer & wine prices must be calculated at one-half dollar increments ($.50; $1.00; $t.50; etc.) in order to coincide with the denominations of tickets being sold. 10. In addition, please list anything else you could provide, in-kind or cash, to be considered in this bid evaluation. SEE APPENDIX 'A' 11. CONCESSIONAIPd~ shall be available to mee~ with the G.A.L.A. Committee to discuss program format or any other pertinent information. 12. CONCESSIONAIRE shall assume the responsibihty for all permits as required by the Palm Beach County Health Department. 13. CONCESSIONAIRE will submit a design plan for approval by G.A.L.A. Committee by January 22, 2002. The plan will include a site layout. 14. It shall be the responsibility of the Concessionaire 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 Concessionaire. The Concessionaire 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. Attached is the Insurance Advisory Form, Attachment "A". 2 PART HI 15. The CITY of Boynton Beach reserves the right to renew this contract for one (1) year, with vendor approval, for the 2003 Great American Love Affair. 16. CONCESSIONAIRES shall provide to the CITY, as a part ofthe bid, a l/st of festivals, fairs, and shows (including prior G.A.L.A. beverage experience) for which they have scn'ved 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. 3 PART Iff IN WITNESS WHEREOF. The parties hereto have caused this agreement ro 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 OF BOYNTON BEACH CONTRACTOR AUTHORIZED OFFICER TITLE (CORPORATE SEAL) CONTRACT DOCUMENTS: CITY cmess and form: 4 PART III APPENDIX 'A' Page 1 n LiFCc F n Dovnton r e ch Ch rnbe of Commeme Bid Proposal For 2002 Great American Love Affair (GALA) Beer & Wine Concession Part III - Bid #025-2710-02/KR Attention: Ms. Karen Riseley, Buyer City of Boynton Beach, Procurement Services As regards items on the Beer & Wine Bid Specifications: · If the Chamber is chosen as the Concessionaire for Beer & Wine. we wish to discuss the locations and feasibility of having 'two' Beer & Wine Gardens at the event. · The Bid limits the product to beer and wine only. Frozen drinks have been popular in the past and may attract a sponsor. We'd like to discuss this also. · In addition to providing the services as outlined, we will provide the following items to compliment the event and the concession: The Beer & Wine ConcesSion area will be attractively decorated, with covered tables underan awning or tented sales area; potted plants; professional designed banners and/or sponsor flags; trained and experienced chamber member volunteers to staff the concession during operating hours; a Chamber Board member present during operating hours to insure professional standards. In addition to: advertts'ing the event through multi-media press releases issued by Chamber staffto a five county area; advertised in a first quarter issue of the South Florida Business Journal and showcased in the Chamber's monthly Horizons newsletter (January through March) distributed to 20,000 businesses and homes each month by the Pahn Beach Post. Continued... 639 East Ocean Avenue. Suite 108. Boj ntou Beach. I,'L 33435 phone 561.7J2.2501/,;~x 561.734.4304 website www. boyntonbeach.org email ehamber@boyntonbeach.org APPENDIX 'A' Page 2 Page 2 G.A.L.A. Beer & Wine Garden RFB Greater Boynton Beach Chamber of Commerce · Prior 'Beverage Concessionaire' experience has been: Over seven years of G.A.L.A. Beer Garden vendor experience; Monthly Oceanfront Park Concert Beer & Wine Garden vendor at city concerts on the beach; Annual 'Taste of Boynton' restaurant competition, providing Beer & Wine Gardens; Annual 'Holiday Car Show & Festival' including Beer & Wine Garden venue; The Greater Boynton Beach Chamber of Commerce carries, as a matter of course, the required and necessary business liability insurance to cover special events where alcohol is being served and/or purchased. Also, when working with the City of Boynton Beach, we name the city and the specific event on theinsurance certificate supplied to the City's Risk Management Office. On behalf of the Board of Directors, I thankyou for the opportunity to bid on the Beer & Wine Concession for the 2002 G.A.L.A. The annual G.A.L.A. event has been recognized as a significant fundraiser for the Chamber of Commerce for as long as the life of the event. We sincerely hope to continue the working partnership we've established with the City of Boynton Beach as the 'Beer & Wine Concessionaire'. If you have questions or would like additional information, please call me at 732-9501. I look forward to hearing from your office. Submitted by: Diana H. Johnson, President Date: December 27, 2001 ATTACH_M~ENT A Automobile Liability Any Auto Alt Owned Autos Scheduled Autos Hired Autos NomOwned Autos PIP Basic Intennodal City of Boynton Beach Risk Management Division 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 a,' Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Bo3~ton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a curzent 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. I The following is alist of types of insurance required of contractors, lessees, em.. and the limits required by the City: (NOTE: This list is not ail 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) MINIMLrM LIMITS REOUIRED General Liability General Aggregate $1,000,000.00 Commexcial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners & Con~ractor's Protective (OCP) Personal & Adv. InJury $1,000,000.00 Liquor Liability Each Occurrence $1.000.000;00 Professional Liability Fire Damage [any one f~re) $ 50,000.00 Employees 8~ Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatemem Lead Abatement Brohd Form Vendors Premises Opera~ions Underground~Explosion & Collapse Products Completed Operations Contractual Independent Contractors Bro:(d Form Property Damage F/xe Legal Liability Combined Single Limit $ 500,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage.Keepers Liabiliw 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 perrmt $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined INSURANC EADV ISOKYFO RM04 Re,,Ssed 10/2001