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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