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.
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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,
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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