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R02-008RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING TELE MAYOR AND CITY CLERK TO EXECUTE TWO AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH (CITY) AND SAN FRANCISCO PUFFS AND STUFF, AWARDING THE FOOD AND BEVERAGE PORTIONS OF BID (NO. 025-2710-02/KR) TO SAN FRANCISCO PUFFS & STUFF, INC., DURING THE MARCH 23 - 24, 2002 FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. Wl:IEREAS, on December 27, 2001, two proposals were received for Bid No. 025-2710-02/KR, and staff has determined that it would be in the best interest of the City to split the award between the two bidders, with food and beverage concession being awarded to San Franciso Puffs and Stuff and beer and wine to the Greater Boynron Beach Chamber of Commerce; VFItEREAS, the City of Boymon Beach G.A.L.A. is an annual, art/cultural festival attracting between 40,000 and 50,000 people; and WHEREAS, the 2002 G.A.L.A. is scheduled to be held on March 23 and 24th, 2002; and 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 does hereby authorize and direct the Mayor and City Clerk to award the food and beverage ~ortion of the concession bid (025-2710-02/KR) to San Francisco Puffs & Stuff, Inc., for ~ae to be held March 23 and March 24, 2002. A copy 2002 G.A.L.A. festival scheduled I Iof the Agreements are attached hereto as Exhibit "A", and Exhibit "B". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 15' day Of January, 2002. CITY/~~. ~,,,o~*Q'F BOYNTON BEACH,, FLORIDA mmlSSloner ~J)/Clerk Commissioner BEVERAGE CONCESSIONAIRE AGREEMENT day of ~:[~u~r~ . ~lc~o~,~ , between TItIS AGREEMENT made this SAN FRANCISCO PUFFS & STUFF, INC. (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 3ra 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 beverage rights based on the following 1/st- of specifications. Beverages are defined 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 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. ffbeverage trailers are not used, each beverage station shall have a 10' x 10' white canopy tent and clean counter service area. 2. CONCESSIONAIRE will serve beverages such as soda, bottled water, iced tea, juice drinks, and sports drinks ONLY. 3. CONCESSIONAIRE agrees to store all supplies out of view of event spectators. CONCESSIONAIRE is responsible for all beverage set-up and clean-up. CONCESSIONAIRE shall pay the CITY a clean-up deposit in the amount of two hundred dollars [$200.00). The clean-up deposit will be fully refundable if the event site passes inspection by CITY staff A checklist will be provided to the CONCESSIONAIRE to ensure proper clean-up of the event site. Clean-up deposit will be paid to the CITY no later than January 22, 2002. CITY staff will be responsible for collecting all monies for beverages in exchange for a ticket(s) at designated ticket booths. The CITY will establish a special account for all monies received from ticker sales, and special account will be reconciled by the CITY of Boynton Beach. CONCESSIONAIRE will be responsible for collecting beverage tickets for all beverage items sold and WILL NOT ACCEPT ANY CASH AS PAYMENT. At the close of the event each day, CONCESSIONAIRE will count all beverage tickets collected and deliver them to CITY staff for the CITY to reconcile. 1 PART II CITY will pay CONCESSIONAIRE seventy-five percent (75%) of the gross beverage sales. Gross beverage sales will be determined by the number of beverage tickets collected by CONCESSIONAIRE and delivered to CITY staff at the close of the event each day. A check will be sent to CONCESSIONAIRE after final close of the two-day event and reconciliation by the CITY. CITY will retain twenty-five percent (25%) of the gross beverage sales after reconciliation by the CITY. Gross beverage sales will be determined by the number of beverage tickets collected by CONCESSIONAIRE and delivered to CITY staffat the close of the event each day. 9. Beverage prices must be calculated at one-half dollar increments ~$.50; $1.001 $1.50; etc.) m 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 included in the Agreement: Will lend, free of charge? fifteen (15) white 10'X10' tents for non-food use at the G.A.L.A.; fifteen (15) white picket fences; one (1) 20'X30' pole tent with white picket fences, if desired; food tents will be Red, White and Blue to coordinate the All-American G.A.L.A. theme. 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 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, Attackment "A". 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. 2 PART II 16. CONCESSIONAIRES shall provide to the CIYY, as a part of the bid, a list of festivals, fairs, and shows (including prior G.A.L.A. 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. 3 P,~RT II IN WITNESS WHEREOF, The parties hereto have caused this agreement ro be executed as of the day and year tn:st above-written, in on I I) coumerpart of which shall for all purposes be deemed the original. ATTEST: CITY OF BOYNTON BEACH CONTRACTOR AUTHORIZED OFFICER TITLE (CORPORATE SEAL) CONTRACT DOCUMENTS: Approv~.s to c~ecmess and form: ( 'CrI~Fy 'VATTORNEY 4 PART I1 ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requzres appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to liability.' Insurance compamas providing insurance coverages must have a current rating by A.M. Best Co. of "B+' or Mgher. /NOTE: An znsurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selecaon of vendor.) The following is a list of types of insurance requ/xed of contractors, lessees, etc.. and the limits required by the City: (NOTE: This list is not all 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 tOccurrence Based Only) MENIMgrMLIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1.000.000.00 Owners & Contractors Prot. Personal & Adv. Injury $ t,000,000.00 Liquor Liability Each Occurrence $ 1.000.000.00 Professional Liability Fke Damage (any one fire) $ 50,000.00 Employees &'Officers Med. Expense (any one person) $ 5.000.00 Pollution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operauons Underground Explosion & Collapse ProduCts comPlet~ Operations Contractual Indq~ndent Contxactors Broad Form Property Damage Fire Legal Liability Builder's Kisk (Limit~ based on Project Cost) Automobile Liability Any Auto All Owned Autos Scheduled Autos Hir~Autos Non-Owned Autos PI1~ Basic Intennodal 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 ,a/ny Auto Other Than Auto Only $ 100.000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Agg~gate 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 $ I00,000.00 Other - As Risk Identified to be determined INSURANCEADVISORYFORM03 FOOD CONCESSIONAIRE AGREEMENT THIS AGREEMENT made this I ~- day of ,.JaJatuar~; ~lat:~,. between SAN FRANCISCO PUFFS & STUFF, INC. (hcreinafter referred to as "CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agree m the following: WHEREAS, CONCESSIONAIRE has been awarded the food concession rights for G.A.L.A. scheduled for March 23 & 24, 2002, to be located on Ocean Avenue from 3~ 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: 1. CONCESSIONAIRE is responsible for all food vendor site planning, booth construction, set-up, clean-up and steam cleaning of cooking area after the event. CONCESSIONAIRE will provide professional food vendors offering a variety of menu items to sufficiently sea've an anticipated crowd of 25,000 persons over the 2-day period of the festival. With G.A.L.A. Committee approval, the CONCESSIONAIRE may, in addition, utilize snack carts to supplement vendor stands. 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 2002. The non-profit organizations (excluding any organization bidding on this project) shall retain 100% of their gross food sales. The entry fee for non-profit organizations will be $125.00. CONCESSIONAIRE will pay the CITY 100% of the non-profit entry fee and provide a complete listing of ail entries and the total of listed entry fees collected. All tickets collected by non-profit organizations for gross food sales will be delivered directly to City Staff at the close of the event each day. 5. CONCESSIONAIRE shall contract for ice service for all concession operations, including concessions for Beverages and Becr & Wine. 6. CONCESSIONAIRE will serve beverages such as hot cocoa, coffee and lemonade. NO SODA, WATER, JUICE DRINKS, ICED TEA OR SPORTS DRINKS. Due to sponsor agreements, the G.A.L.A. Committee reserves the right to designate the product/brand sold. 7. CONCESSIONAIRE will provide fifteen (15) round picrdc tables, sixty (60) chairs, fifteen (15) umbrellas to be used in the MAIN food court area of the festival. 1 PART I CONCESSIONAIRE shall pa3- the CITY a clean-up deposit in the amount of one thousand dollars ($1,000.00). The clean-up deposit will be fully refundable if the food court site passes inspection by City Staff. A checklist will be provided to the CONCESSIONAIRE to ensure proper clean-up of the event site. Clean-up deposit will be paid to the CITY no later than January 22, 2002. CITY staffwill be responsible for collecting all monies for food in exchange for a food ticket(s) at designated ticket booths. The CITY will establish a special account for all monies received from ticket sales, and special account will be reconciled by the CITY of Boynton Beach. 10. CONCESSIONAIRE will be responsible for collecting tickets for all food items sold and WILL NOT ACCEPT ANY CASlt AS PAYMENT. At the close of the event each day, CONCESSIONAIRE will count all tickets collected and deliver them to CITY staff for the CITY to reconcile. 11. CITY will pay CONCESSIONAIRE seventy-five percent (75%) of the gross food sales. Gross food sales will be determined by the number of food tickets collected by CONCESSIONAIRE and delivered to CITY staff at the close of the event each day. A check will be sent to CONCESSIONAIRE after £mal close of the two-day event and reconciliation by the CITY. 12. The CITY will retain twenty-five percent (25%) of the gross food sales after reconciliation by the CITY. Gross food sales will be determined by the number of food tickets collected by CONCESSIONAIRE and delivered te CITY staff at the close of the event each day. 13. Food prices will be calculated at one-half dollar increments ($.50; $1.00; $1.50; etc.) in order to coincide with the denominations of tickets being sold. 14. In addition, please list anything else you could provide, in-kind or cash, to be included in this Agreement: Will lend, free of charge, fifteen (15) white 10'X10' tents for non-food use at the G.A.L.A.: fifteen (15) white picket fences; one (1) 20'X30' pole tent with white picket fences, if desired; food tents will be Red, White and Blue to coordinate the All-American G.A.L.A. theme. 15. CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss Site layout or any other pertinent information. 16. 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. 2 PART I Loss by fire or any other cause shall be the responsibility of the Concessionmre. 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 m accordance to A.M. Best s Key Rating Guide, latest edition. Attached is the Insurance Advisory Form, Attachment "A". 17. CONCESSIONAIRE shall assume the responsibility for all permits for alt food vendors as required by the Palm Beach County Health Departmbnt. 18. CONCESSIONAIRE shall provide a list of potential vendors no later than January 22, 2002, along with a sample menu for the Committee's review and approval. 19. 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. 20. CONCESSIONAIRES shall provide to the CITY. as apart 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. 21. 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 or plan, sketch of the element and color swatches or chip. s (or photographs). All food areas must be contained with committee approved fencing or enclosures. 3 PART I 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 OF BOYNTON BEACH CONTRACTOR TITLE (CORPORATE SEAL) CONTRACT DOCUMENTS: AUTHORIZED OFFICER App~4~orrecmess and form: CITY ~/t/ ATTORNEY 4 PART City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM ATTACHMENT A Any Auto AR Owned Autos Scheduled Autos Hired Autos Non-Ovfaed Autos PIP Basic Intermodal Under the terms and conditions of all contracts_ leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respec~ to liability." insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or tugher. tNOTE: An znsurance contract or binder may be accepted as proof of insurance if Certificate ts provided upon selection of vendor.) The followmg is a hst of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all 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) ,MINIMUM LIMITS REOIo3~RED General Liability General Aggregate $1.000,000.00 Commercial General Liabihty Products-Comp/Op Agg. $1,000,000.00 Owners & Contractor's Prot. Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1.000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5.000.00 Pollution Liabihty Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) Automobile 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 Keq:~'s Liability 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 Other - As Risk Identified to be determined INSURANCEADVISORYFORM03 R~vised 01/2000