R91-049RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND SAN
FRANCISCO PUFFS & STUFFS, INC., WHICH
CONTRACT AWARDS ALL THE FOOD AND
BEVERAGE RIGHTS FOR THE G.A.L.A.,
SCHEDULED FOR MARCH 22, 23 AND 24,
1991; A COPY OF SAID AGREEMENT IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, approved a bid from San Francisco Puffs &
Stuffs, Inc., (Concessionaire) on February 5, 1991 awarding
all the food and beverage rights for the G.A.L.A., scheduled
for March 22, 23 and 24, 1991; and
WHEREAS, it is the desire of the City Commission to
enter into an Agreement between the City of Boynton Beach,
Florida and San Francisco Puffs & Stuffs, Inc., a copy of
which Agreement is attached hereto as Exhibit "A" and made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The "WHEREAS" clauses 'above are hereby
ratified and confirmed as being true and correct and
incorporated herein by reference.
Section 2. The City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to
execute said Agreement, attached hereto as Exhibit "A".
Section 3. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this /~ da~/~ March, 1991.
i' FLORIDA
sioner
AGREEMENT
THIS AG~k~mg~NTmade this ~ day of February, 1991, between
SAN FRANCISCO PUFFS & STUFFS, INC. (hereinafter referred to as
"CONCESSIONAIRE") and CITY OF BOYNTON BEACH (hereinafter referred
to as "CITY"), hereby stipulated and agree to the following:
CONCESSIONAIRE has been awarded all the food and
beverage rights for the G.A.L.A., scheduled for March 22, 23, and
24, 1991 to be located on East Ocean Avenue between US 91 and the
intracoastal, Boynton Beach Florida according to the following
conditions as submitted in the CONCESSIONAIRE'S bid document:
CONCESSIONAIRE responsible for all food vendor site
planning, booth construction, set up, and clean-up.
e
CONCESSIONAIRE will provide between 5 and 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.
CONCESSIONAIRE will provide between 5 and 10 local,
non-profit organizations to serve as food venders. The
G.A.L.A. committee shall provide a roster of such
organizations who have previously participated and who
shall be given first right-o-refusal privileges for
1991.
The non-profit organizations shall retain 100% of their
gross revenue and their entry fee shall be NO CHARGE.
CONCESSIONAIRE shall utilize non-profit organization
members as cashiers where possible and pay a hourly wage
of $6.50 for such services.
CONCESSIONAIRE shall pay the CITY 30% gross food sales
and provide the City with a complete, daily accounting
report of the gross receipts of the concession
operations.
CONCESSIONAIRE will 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.
10.
i1.
12.
Se
No alcoholic beverages shall be sold on the G.A.L.A.
site or as a part of the "Taste of G.A.L.A." concession
program.
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
permits for all food vendors as
Beach County Health Department.
resp~nsibility for all
required by the Palm
CONCESSIONAIRE shall provide a list of potential vendors
no later than March 8, 1991, along with a sample menu
for the Committee's review and approval.
CONCESSIONAIRE shall procure and maintain for the
duration of the ag~eemen~ 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.
Worker's Compensation: If CONCESSIONAIRE falls under
the State Florida Workers' 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.
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.
de
Deductibles and Self-Insured Retentions: Any
deductibles or self-insured retentions must be declared
to and approved by the_Cit¥~ 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 guaranteeing
payment of losses and related investigation, claims
administration and defense expenses.
SPECIAL REQUIREMENTS:
The policies are to contain or be endorsed to contain the
following provisions:
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 par~y, 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.
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
behalf and transmitted to Risk Management with attached
transmittal correspondence displaying insurer's
letterhead.
Certiffcates are to be received and approved by the City
before activity commences. The City reserves-the right
to require complete~ copies of all ~equired 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 no~ contribute
to it.
13.
The CITY reserves the right to renew this agreement, with
vendor appreval, for the next G.A.L.A. or any other function
which may require food concessionaires.
IN WITNE$S WHK~EOF,
agreemen~ ~o be executed
above-written, in two (2)
purposes be deemed an original.
Al-rEST:
CItY CLERK
(CITY SEAL)
The parties hereto have caused this
as of the day and year first
counterparts each of which shall for all
FLoR BOYNTON BEACH
IDA
MAYOR
ATTEST:
TITLE
( CORPORATE SEAL)
form:
CONTRACT DOCUMENTS:
SAN FRANCSICO PUFFS & STUFFSr INC.
CONTRACTOR
' AUTHORIZED OFFICER
and