HomeMy WebLinkAboutR-00-0165J-00-129
2/9/00
RESOLUTION NO00— 165
A RESOLUTION OF THE MIAMI CITY. COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE' CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS, IN
SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE
FOOD AND BEVERAGE SERVICES IN THE CAFETERIA
AREA AT 444 SOUTHWEST 2"D AVENUE, MIAMI,
FLORIDA, COMMONLY KNOWN AS MIAMI RIVERSIDE
CENTER.
WHEREAS, the City of Miami Administration Building known
as the Miami Riverside Center located at 444 SW 2nd Avenue,
Miami, Florida, requires a food and beverage concession services
operation for its cafeteria; and
WHEREAS, on March 13, 1996, the City entered. into a
Concession Agreement with the City's Cafe, the sole proposer, in
response to a Request for Proposals; and
WHEREAS, the concession agreement was initially for a one
year period which term was extended through September 12, 1999;
and
WHEREAS, the concessionaire is occupying the premises as
a holdover tenant on a month-to-month basis; and
CITY COMMSSION
GREETING OF
FEB 1 7 2000
Rei,solution No.
o� 1-y. F.
WHEREAS, the City seeks proposals for qualified and
experienced vendors in cafeteria or restaurant operations for
continued services in the cafeteria;
NOW, THEREFORE', BE IT RESOLVED BY THE COMMISSION OF THE
CITY.OF MIAMI, FLORIDA;
Section 1. The recital and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized" to
issue a Request for Proposals, in substantially the attached
form, for the solicitation of proposals from qualified vendors in
cafeteria or restaurant operations to provide food and beverage
services and operate a concession at the Miami Riverside Center,
located at 444 SW 2nd Avenue, Miami, Florida.
�i The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
i
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor .2/
PASSED AND ADOPTED this- 17th day of February 1 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Vmyot- did not ind!catz approval of
Vi,is legislation by signing it in the desi�nated .,aid
becomes effective with the elapse of n( "'da f om id'i�;On
10 t. 1:'V e
regarding same, without the Mayor ercisin a
ATTEST:
WALTER J.
CITY CLEF
APPRG /ED
QR3ANDSO 'V1'r
ATTORNEY
4137:RCL
V
ORM Job CORRECTNESS:&
City Clerk
2/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the -Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3
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REQUEST FOR PROPOSALS
ISSUED , 2000
TO PROVIDE FOOD SERVICES AT
THE CITY OF MIAMI .RIVERSIDE CENTER
444 SW 2 AVENUE
MIAMI, FLORIDA
Pre -Proposal Conference: VOLUNTARY _:00 PM, , 2000 at
444 SW 2 Avenue, .3rd Floor
Miami, FL 33130
City Contact Person for
Additional Information: Albert Fernandez, Lease Manager
City of Miami, Office of Asset Management
444 S.W. 2nd Avenue, Suite 325
Miami, FL 33130
Fax No. 305-416-2156
Deadline for Additional Information: _:00 PM, '2000
Proposal Due Date: _:00 PM, 2000
Proposals Accepted Only At:
City of Miami, City Clerk
City Hall
3500 Pan American Drive
Miami, FL 33133
Directions to
City Clerk: FROM THE NORTH: 1-95 south until it turns into USI. USI south to 27tr
Ave., turn left, proceed south to South Bayshore Dr (3 d traffic light), turn left,
1 block turn right on Pan American Dr. City Hall ' is at the end of Pan
American Dr. Parking is on right.
FROM THE SOUTH: US1 north to 27th Avenue, turn right, proceed south to
South Bayshore Drr (3rd traffic light), turn left, 1 block turn right on Pan
American Dr. City Hall is at the end of Pan American Dr. Parking is on
right.
THE FOLLOWING ORDINANCES HAVE BEEN APPROVED BY THE MIAMI-DADE COUNTY
COMMISSION. ALL MUNICIPALITIES LOCATED WITHIN MIAMI-DADE COUNTY, INCLUDING THE CITY
OF MIAMI, ARE REQUIRED BY LAW TO ADHERE TO THESE ORDINANCES.
CONE OF SILENCE
Pursuant to Miami -Dade Ordinance 98-106 and Miami -Dade County Ordinance No. 99-1, as amended, a "Cone of
Silence" is imposed upon RFPs, RFQs, or bids after advertisement and terminates at the time the City Manager issues a
written recommendation to the City Commission. The Cone of Silence prohibits communication regarding RFPs, RFQs, or
bids between potential vendors, service providers, bidders, lobbyists or consultants and City's professional staff including,
but not limited to, the City Manager and the City Manager's staff.
The provisions of County Ordinance No. 98-106 and 99-1 do not apply to oral communications at pre-proposal/bid
conferences, oral presentations before selection committees, . contract negotiations during any duly noticed public
meetings, public presentations made to the City Commission during any duly noticed public meeting or communications in
writing at any time unless specifically prohibited by the applicable RFP, RFQ or bid document. Proposers/Bidders must
file a copy of any written communications with the City Clerk, which shall be made available to any person upon request.
The City shall respond in writing and file a copy with the City Clerk, which shall be made available to any person upon
request.
In addition to any other penalties provided by law, violation of Miami -Dade County Ordinance Nos. 98-106 and 99-1 by any
bidder and bidder shall render any RFP award, RFQ award or bid award voidable. Any person having personal knowledge
of a violation of the Ordinances shall report such violation to the State Attorney and/or may file a complaint with Miami -
Dade County's Ethics Commission.. Proposers/Bidders should reference the actual Ordinances for further clarification.
All Proposers/Bidders will be notified in writing when the City Manager makes an award recommendation to the City
Commission.
Contact Person for this RFP: Albert Fernandez, 'Lease Manager
Address: Office of Asset Management
444 SW 2nd Avenue
Miami, Florida 33130
Fax: (305) 416-2156
E -Mail: albeit@ci.miami.fl.us
ADDITIONAL INFORMATION/ADDENDA
Requests for additional information or clarifications must be made in writing and received by the Contact Person specified
on the cover sheet of this RFP, in accordance with the Cone of Silence (see Section 3.5), no later than the deadline for
receipt of questions specified in the RFP (see Section 3.13). The request must contain the RFP title, Proposer name,
name of Proposer's contact person, address, phone number, and facsimile number.
Electronic facsimile requesting additional information will be received by the Contact Person for this RFP at the fax number
specified on the cover sheet of this RFP. Facsimiles must have a cover sheet which includes, at a minimum, the
Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone number, facsimile
number, and RFP title.
The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda
issued prior to the RFP's Opening Date. Proposers should not rely on any representations, statements or explanations
other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between
the RFP and any addenda issued, the last addendum issued shall prevail.
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TABLE OF CONTENTS
INTRODUCTION
SCOPE OF SERVICES
1.1 Scope
1.2 Basic Food Services
A. Cafeteria Operations
B. Mechanical Vending Machines
C. Catering
PROPOSED CONTRACT
III. GENERAL INFORMATION
3.1 Proposal Due Date
3.2 Proposal Pre -Submission Conference
3.3 Anticipated Schedule of Events
3.4 City Contact Person
3.5 Cone of Silence
3.6 Public Entity Crimes
3.7 Proposals Open to Public
3.8 Proposal Validity Period
3.9 Costs Incurred by Proposers
3.10 Proposal Guarantee
3.11 Return of Proposal Guarantee
3.12 Concession Fee to City
3.13 Clarifications and Addenda
3.14' Withdrawal of Proposals
3.15 Modifications of Proposals
3.16 Proposer Identification
3.17 Minimum Qualifications of Proposer
3.18 Competency of Proposer
3.19 Proposer Site Inspection
3.20 One Proposal
3.21 Return of Material
3.22 Minority Procurement Program
3.23 Reservation of Rights
3.24 Review of Proposals
3.25 Evaluation/Selection Process
3.26 Approval by Emergency Financial Oversight Board
IV. PROPOSAL ORGANIZATION AND CONTENT
4.1 Proposal Submission
4.2 Declaration Form
4.3 - Waiver and Release
4.4 Questionnaire
4.5 Minority Women Business Affairs Registration Affidavit
4.6 Affirmative Action Policy for Equal Employment Opportunity
4.7 Statement of Compliance with Ordinance No. 10032
4.8 Debarment and Suspension Certificate
4.9 Proposal Form
4.10 Experience and Management Structure
4.11 Employee Training and Supervision
4.12 Basic Food Service Operations
4.12.1 Cafeteria Operations 1-10
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4.12.2 Vending Machines
4.12.3 Catering Services
4.13 Sanitation and Safety
4.14 Environmental
4.15 Food Quality
4.16 Accounting
4.17 Changes/Alterations to Premises
4.18 Proposal Guarantee
ATTACHMENTS
Attachment 1 Declaration
Attachment 2 Waiver and Release
Attachment.3 Questionnaire
Attachment 4 Minority/Women Business Affairs Registration Affidavit
Attachment 5 Affirmative Action Policy for Equal Employment Opportunity
Attachment 6 Statement of Intent to Comply with Ordinance No. 10032
Attachment 7 Debarment and suspension City of Miami Code Sec. 18-56.4
Attachment 8 Proposal Form
EXHIBITS
Exhibit A Plan for Cafeteria
Exhibit B Vending machine location
Exhibit C Inventory
Exhibit D Minority/Women Business Affairs Ordinances 10062 and 10538
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INTRODUCTION
The City of Miami, hereinafter referred to as the City", as represented by the Office of Asset Management,
is requesting proposals from persons, firms and corporations, hereinafter referred to as "Proposer", to
operate, maintain and manage food services, at The City of Miami Riverside Center, 444 SW 2 Avenue,
Miami, Florida, hereinafter referred to as the "Premises". The goal of the City is to provide food services
to its employees and visitors, a food service operation wherein the food quality, nutritional balance,
quantity, variety, service, organization, experience of the bidder, and the economy of price to the
consumer are primary considerations. .
This Request For Proposal (RFP) is divided into four sections as described below:
SCOPE OF SERVICES
PROPOSED CONTRACT
III. GENERAL INFORMATION
IV. PROPOSAL ORGANIZATION AND CONTENT
The Premises is a state of the art facility situated on the Miami River. Patrons of the cafeteria will be able
to enjoy either indoor or outdoor seating while relishing the views of the riverfront. Construction of the
Premises including the installation of the kitchen equipment was completed in 1992. The successful
Proposer can anticipate serving a building population of approximately 750 in addition to an average visitor .
population of approximately 400 per day.
The selected Proposer will be required to operate Monday through Friday, excluding holidays. Presently,
the holidays recognized by the City include the following:
New Year's Day
Dr. Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
It is the City's intention to solicit proposals from as many Proposers as are interested, to evaluate the
proposals which may include oral presentations, to verify the information presented and to negotiate and
award a Concession Agreement to the best qualified Proposer selected.
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I. SCOPE OF SERVICES
1.1 SCOPE
The City is seeking qualified persons, firms or corporations (collectively referred to as
"Proposers") to provide the following food services at the Premises. Subject to the limitations set forth
herein, these services must be available on the Commencement Date (as defined in Article 1.1(5) in the
proposed contract). Basic Food Services are a requirement of this RFP. Proposals, which fail to provide
all Basic Food Services, shall be deemed non-responsive.
1.2 BASIC FOOD SERVICES
A. Cafeteria Operations
Exclusive Rights
Open Access, Non-smoking facility
Days of Operation: Monday through Friday, excluding holidays
Anticipated Operating
Hours: 7:OOAM - 3:OOPM (Times of breakfast and lunch meal
hours will be decided with Proposer.)
Indoor Seating approximately 103
Outdoor Seating approximately 42
Area approximately 6,138 s.f.
The Cafeteria is located on the first floor of the Premises as shown in Exhibit A attached hereto
and made a part hereof. The Cafeteria is a scramble multiple station system including a deli line, hot line,
salad bar, grill line and hot and cold beverages.
The menu shall include tasty, wholesome and nutritional foods under clean and sanitary
conditions. Cafeteria menus shall include a seasonal variation and shall consider the ethnic and cultural
diversity of the facility. During the term of the Concession Agreement, the Proposer shall make its best
efforts to be responsive to consumers' demands and shall make modifications to the menu as necessary.
Proposer shall also offer a limited menu for both breakfast and lunch carryout.
Proposer must provide a sufficient number of microwaves, for use by City employees bringing
their lunch to the Cafeteria.
Proposer may utilize china, paper, plastic products or a combination thereof, in the provision of
these services. Preference will be given for the provision and utilization of china and silverware for the
eat -in cafeteria operations.
Please refer to Article IV, Section 4.12.1 for specific instructions as to information to be included in
the proposal with respect to Cafeteria services.
B. Mechanical Vending Machines Exclusive rights (excluding coffee vending machines which
may be procured by the City or its employees).
Vending shall be available 24 hours a day, 7 days a week. Vended food service is located
throughout the Premises. All vending machines installed on the Premises shall remain the Proposer's
property and shall be operated, serviced with fresh food and beverage products and maintained in good
mechanical condition at all times. Upon commencement of the Concession Agreement, all machines shall
be new (or like new) and shall be able to accept dollar bills. Machines must be equipped with vending
meters. Malfunction machines shall be replaced or returned to service within 48 hours of notification of
the malfunction. Proposer shall make recommendations on the types and number of machines. At this
time, the locations on each floor shall be limited to the area adjacent to the freight elevator as shown in
Exhibit B attached hereto and .made a part hereof. Only two machines can be accommodated on each
floor. No machines shall be located on the first floor. Desired price range is $ .60 per soda, $ .50 chips,
$ .65 cookies, $ .60 candy bars and $ .60 fruit juice.
Please refer to Article IV, Section 4.12.2 for specific instructions as to the information to be included in the
proposal with respect to vending machine services.
1.3 OPTIONAL FOOD SERVICE
A. Catering
No exclusive rights to catering on the Premises. Off-site catering to other City facilities or City -
sponsored events is permitted. Proposer shall not use City facilities for catering non -City functions
off-site without the expressed written consent of the City.
Catering may involve a variety of services, coffee breaks, noon meals, private luncheons and
other such catering services which might be required. Catering will take place on the Premises or such
other City facility utilizing conference rooms, auditoriums or other open space.
Proposer must have adequate resources to process orders, deliver to user locations and set-up
on time. Proposer must assure timely retrieval of catering equipment from the serviced locations.
Proposer shall be responsible for providing its own equipment for catering purposes. Proposer shall
provide reasonable cleanup of areas used by it.during catering functions particularly as its relates to spills
and cleanup' of cooking and serving areas.
The City shall be able to purchase catering services for official City business on account and be
invoiced for the services.
Please refer to Article IV, Section 4.12.3 for specific instructions as to the information to be
included in the proposal with respect to catering services.
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II. PROPOSED CONTRACT
The successful Proposer will be required to enter into a contract (the Concession Agreement) with the City
within fifteen (15) days after award of the Concession Agreement by the City Commission. The
Concession Agreement shall be in substantially the following form. DO NOT INCLUDE THIS
CONCESSION AGREEMENT AS PART OF YOUR RESPONSE TO THIS RFP.
[SAMPLE CONTRACT]
CONCESSION AGREEMENT
This Concession Agreement, made this day of 2000, by and between the City of
Miami, a municipal corporation of the State of Florida, (City) and
(Concessionaire).
WITNESS:
Whereas, the City desires to have provided quality food and beverage service through concession
operations in the City of Miami Riverside Center, located at 444 S.W. 2nd Avenue, Miami, Florida 33130
(the "Premises"); and
Whereas, the Concessionaire is willing and able to provide such food and beverage services at
the Premises;
Now, therefore, in consideration of the mutual covenants and agreements set forth, to be kept and
performed by the parties, it is agreed between the City and Concessionaire as follows:
ARTICLE I
TERMS
1.1 DEFINITIONS OF TERMS. For the purpose of this Concession Agreement, the terms
defined in this Article shall have the following meanings:
1. "City Manager" means the administrative head of the City's government who has been appointed
by the City Commission of the City of Miami in accordance with the provisions of Section 15 of the Charter
of the City of Miami, as amended, and who is authorized to execute this Concession Agreement and other
documents including notices required hereunder.
"Concession Agreement" shall mean this written agreement.
3. "Concession Agreement Year" shall mean a consecutive twelve (12) month period during the
Term and Additional Terms, if exercised, commencing on the Commencement Date, provided that the
Concession Agreement Year may be adjusted by City to commence on the first day of a calendar month.
4. "Cafeteria" shall mean approximately 6,138 s.f. of space on the first floor of the Premises
consisting of a kitchen, serving area, dining area, dishwashing area, and storage area together with
certain furniture, fixtures and equipment set forth in the Inventory.
5. "Commencement Date" shall mean the date that this Concession Agreement is fully executed by
both Concessionaire and City.
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6. "Concessionaire Manager" shall mean the person authorized by the Concessionaire to act fully on
behalf of the Concessionaire in managing the Food Services as required by this Concession Agreement.
7. "Contract Administrator" shall be the Director of Asset Management authorized by the City to
administer the Concession Agreement and coordinate the activities of the Concessionaire at the
Premises.
8. "Food Services" shall mean all services necessary for furnishing and operating the cafeteria dining
service, catering service and vending service for the Premises and off-site.
9. "Gross Revenues" shall mean the entire amount of revenues and/or percentages of revenues
collected or accrued, from the sale of all food and beverages, conducted on the Premises or off-site,
whether such revenues shall be credit or cash or otherwise, and whether the foregoing be collected or
uncollected and shall include any finance charges or similar payments received by Concessionaire as a
result of any of the foregoing. Gross Revenues shall not include any amount of any sales, use or gross
sales tax imposed by any Federal, State or governmental authority directly on sales and collected from
customers, provided that the amount is added to the selling price therein and paid by the Concessionaire
to such governmental authority.
10. "Inventory" shall mean furniture, fixtures and equipment provided by City to Concessionaire for its
use at the Cafeteria, a list of which is provided in Exhibit C attached hereto and made a part hereof.
11. "Subcontractor" shall mean any individual, partnership or corporation who is contractually bound
to the Concessionaire to perform a specific portion of the total work package under this Concession
Agreement, as approved by the Contract Administrator.
12. "Termination Date" shall mean the day on which this Concession Agreement expires or such
earlier date as may be specified in accordance with the provisions of this Concession Agreement.
ARTICLE II
GENERAL DESCRIPTION OF CONCESSION
2.1 DESCRIPTION OF CONCESSION PRIVILIGES. The City grants to Concessionaire,
subject to the exceptions and conditions hereinafter set forth, the exclusive privilege to: (i) occupy the
Cafeteria for purposes of providing Food Services at the Premises; and (ii) to install at locations depicted
in Exhibit B vending machines dispensing food and beverages (excluding coffee vending machines)
throughout the Premises. The exclusive privileges herein granted expressly excludes food and beverage
catering services. Concessionaire may offer from time to time to provide catering for City functions at the
Premises and to other City facilities and may utilize the Cafeteria for purposes of providing such catering
to the City, however, the City reserves the right to .negotiate with other vendors for. catering. In no event
shall the physical facilities and equipment be utilized for providing services to non -City facilities or non -City
functions off-site without the expressed written consent of the City Manager which consent may be
withheld for any or no reason including the provision of additional consideration. The City, its officers,
employees and agents may utilize the dining area of the Cafeteria during Required Operating Hours, as
such term .is defined in subsection 2.2 below, for purposes .of eating "bagged lunches". City further
reserves the right to utilize the Cafeteria dining area during hours the Cafeteria is not open for business for
special occasions, meetings or other assemblies provided that after each use, the space is cleaned and
rearranged without any additional expense to Concessionaire.
The Concessionaire shall not use the Cafeteria for any purpose other than herein specifically
designated without prior written consent of the City Manager, which may include additional consideration.
2.2 OPERATION OF CONCESSION PRIVILIGES. Starting on the Commencement Date,
the Concessionaire shall provide the Food Services at the Cafeteria in a first class and reputable manner
continuously during the entire term of this Concession Agreement, Monday through Friday, excluding legal
holidays, from 7:00 AM to 3:00 PM, or such additional hours as may be required from time to time, by the
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City Manager (the "Required Operating Hours"). If Concessionaire fails or refuses to satisfy any of the
foregoing requirements, then in such event City shall have the right, in addition to all other remedies
provided for in this Concession Agreement, to collect, and Concessionaire shall be obligated to pay, as
Additional Fees one hundred dollars ($100.00) for each day that Concessionaire does not comply with
said requirements. Additionally, Concessionaire agrees that the City Manager may require the
Concessionaire to keep the Cafeteria open for business during a state of emergency and accordingly
hereby agrees to use its best efforts to accommodate this request.
In the event Concessionaire is unable to provide the Food Services, City may provide such Food
Services in any manner it may deem appropriate (subject to City's right to terminate under Section 6.1),
and to use any of the food or supplies of Concessionaire, which are available, and City shall be entitled to
receive all revenues. City shall reimburse Concessionaire for Concessionaire's actual cost of the food and
supplies actually used.
The Concessionaire shall within three (3) days of the Commencement Date, furnish and install, at
its own expense, all electrical vending equipment required to provide the vending services and shall at all
times keep such vending machines fully stocked with fresh food and beverages and good order, condition
and repair and in a clean and sanitary condition.
2.3 SANITATION. The Concessionaire shall, at its sole cost and expense maintain and keep
fixtures, equipment and personal property, whether owned by the Concessionaire, the City or third parties,
and all areas of the Cafeteria and other areas designated for its use, in a clean and sanitary condition
satisfactory to the City. Concessionaire is responsible for all janitorial related services including the
necessary equipment and cleaning supplies to fulfill the janitorial requirements for the cleaning of the
Cafeteria upon the close of business of each working day.
The Concessionaire shall provide the Food Services in strict compliance with all applicable
Federal, State and local laws and regulations governing this type of operation. Concessionaire shall
obtain and maintain a satisfactory rating on all health department sanitation inspections. The
Concessionaire shall provide copies of each inspection report to the Contract Administrator within two (2)
business days of receipt of the same by Concessionaire.
In addition to other rights granted to the City herein, Concessionaire agrees that should its
operation or any portion thereof be shutdown for its failure to comply with the requirements of the Health
Department of the State of Florida, and such shutdown could have reasonably been averted by
Concessionaire, its agents or employees, Concessionaire shall pay to the City as liquidated damages, and
not as any penalty therefore, the sum of one hundred dollars ($100.00) per day for each day said
shutdown continues.
2.4 QUALITY AND PRICE CONTROL. The Concessionaire shall provide the City employees
and the public with Food Services of the highest quality, which shall include a variety of nutritious foods,
vegetarian entrees and special ethnic specialties at reasonable prices. As a condition of this Concession
Agreement, the Concessionaire agrees to comply with such standards of quality as may from time to time
be adopted by the City in order to insure attainment of quality of Food Services as hereinabove set forth.
It is the intention of the parties that all matters such as prices, portions and quality of food and
beverage shall be the same as, -or better than that available in comparable cafeterias in the Greater Miami
area and for that purpose all such matters shall be proposed by the Concessionaire but shall be subject to
the prior written approval of the Contract Administrator. All items offered for sale must be sold at prices,
which are plainly displayed. The established prices shall not be changed without the prior written consent
of the Contract Administrator. Concessionaire shall not submit request for price changes more frequently
than twice during a Concession Agreement Year. City reserves the right to review the prior year's income
statement before granting any price increase and to compare with other food service operations in the
Miami area.
The failure on the part of the Concessionaire to comply with such price and quality standards as
the City may from time to time require, or failure of the Concessionaire to,change, correct, or modify its
price or quality after written notice duly given by the City to do so, shall be cause for cancellation of this
Concession Agreement; provided, however, that no action by the City shall be arbitrary and capricious and
the Concessionaire shall be afforded notice by the City in writing, specifying the violations of the standards
required under this Concession Agreement, and the date by which compliance must be accomplished.
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Thereafter, any repetition of the same violations shall be considered a breach of contract and shall be
cause for immediate cancellation of this Concession Agreement by the City without further notification.
2.5 FOOD AND BEVERAGE WARRANTY. Concessionaire warrants that all merchandise
dispensed or served hereunder (cafeteria, vending, and/or catering services) shall, in all respects, be
suitable for human consumption and, in particular, it shall conform to whatever Federal, State, county and
local health laws which relate to it.
2.6 CONCESSIONAIRE RESPONSIBILITIES. The Concessionaire covenants and agrees that
Concessionaire shall, at its sole cost and expense, operate, manage and maintain the Cafeteria, provide
the Food Services and the vending services required under this Concession Agreement and specifically
agrees as follows:
A. Concessionaire shall, at its sole cost and expense:
(i) purchase all food, beverages, supplies and materials necessary for the operation
of Food Services.
(ii) provide and replace, as necessary, all short life small ware including, but not
limited to, all paper products, plastic ware, silverware, dishes, glasses, cups, bowls, cookware, cooking
utensils, serving utensils, uniforms, tablecloths, trays, laundry items, and cleaning supplies.
(iii) provide and maintain vending machines which accept dollars bills.
(iv) during operating hours Concessionaire shall provide immediate
reimbursement of monies lost in the vending machines (or within 24 hours if loss is incurred during non
operating hours)
(v) furnish, and remove all decorations and promotional material for merchandising
in serving and dining areas.
(vi) provide all pest control services in the Cafeteria.
(vii) provide all cleaning and janitorial services for the Cafeteria including but not
limited to vacuuming; spot and deep cleaning of all Cafeteria carpeted areas;
emptying of trash containers; wiping all tables and chairs, microwave, window sill;
cleaning of equipment, walls and floor tiled areas using a safe method for the
grease removal without damaging the equipment and building surfaces.
B. The Concessionaire shall, at its sole cost and expense, pay all federal, state and local
taxes which may be assessed against its operations, equipment, or merchandise while in or upon the
Premises.
C. The Concessionaire shall, at its sole cost and expense, provide telephone service for its
own use.
D. The Concessionaire shall be responsible for security at the Cafeteria during the
scheduled hours of operation. The Concessionaire shall insure that all appropriate equipment and lights
have been turned off and appropriate doors locked at the close of operation within the Cafeteria each day
and insure that no cash is left on the premises.
E. The Concessionaire shall provide the Contract Administrator with the names, phone
numbers, pager number and cellular phone numbers of two management individuals that will be available
at any time to call in the case of emergencies. At least one of these individuals must be available by
phone 24 hours a day, seven days a week.
F. Concessionaire shall assume all operating costs except as provided herein, retain all
receipts and be responsible for payment of all labor, food, operating supplies and all other general
administration expenses.
G. Concessionaire shall, at its sole cost and expense, be responsible for the provision,
installation, repair and preventive maintenance of. all food service equipment necessary to operate the
Premises that is not part of the Inventory.
H. Concessionaire shall, at its sole cost and expense, provide proper cleaning and removal
of grease monthly from exhaust hoods and at least two semi-annual range hood system inspections or
more often if circumstances dictate and the proper maintenance and removal of grease from grease,traps
not less than once per year. Concessionaire shall further be responsible for providing, at its sole cost and
expense, plumbing maintenance and repair caused by its use of the Cafeteria. Concessionaire shall be
responsible for compliance of any applicable laws to operate the business and to provide copies of the
operational licenses, permits and required inspection certificates to the. Contract Administrator upon
request.
2.7 FURNISHINGS AND EQUIPMENT. The City has title to all items listed in the Inventory. The
Concessionaire may use such Inventory, free of any charge, and the Concessionaire hereby accepts the
use of such Inventory "as is" and "where is". The Concessionaire shall not remove any of the Inventory
from the Premises without the prior written consent of the Contract Administrator. The City shall replace
the kitchen equipment and furniture outlined in the Inventory assuming the replacement of such is not
caused by any negligence of the Concessionaire, its employees, agents or representatives. Prior to the
beginning of each Concession Agreement Year, City and Concessionaire shall inspect the kitchen
equipment as more specifically identified and described in the Inventory and if by mutual agreement they
determine that replacement of the equipment is desirable or necessary, then the City shall, at its sole cost
and expense, provide such replacements. All of the above mentioned replacements shall be prosecuted
by the City with reasonable diligence.
Concessionaire shall, at its sole cost and expense, be responsible for the normal operation,
cleaning, preventative maintenance, reasonable care and repair of all the equipment and furnishings listed
in the Inventory. The Concessionaire shall replace or repair, at its sole cost and expense, any of those
items and any fixture or furnishing provided by the City lost, damaged or destroyed due to the acts,
omissions or negligence of the Concessionaire or its agents or employees.
2.8 GARBAGE REMOVAL AND RECYCLING. The Concessionaire shall, at its sole cost and expense,
provide a sufficient number of trash and garbage receptacles within the Cafeteria and other areas
designated for its use, and for the use by its customers. The Concessionaire shall, at its sole cost and
expense, be responsible for the disposal of such receptacles and the removal of trash and garbage from
the Premises utilizing acceptable environmental techniques and canisters. All trash and garbage collected
by the Concessionaire must be removed at the time of collection and sent to areas designated by the
Contract Administrator.
Upon implementation of a recycling program at the Premises, the Concessionaire shall separate
trash according to classification and send the same to areas designated by Contract Administrator at no
cost to the City. Concessionaire understands that all recyclables are the property of the City. Employees
handling hazardous wastes must be trained in the handling of hazardous wastes. Concessionaire shall
comply with City policies for collection of paper, aluminum cans and any other products designated by the
Contract Administrator.
2.9 UTILITIES. City shall, at its sole cost and expense, furnish air conditioning, heat, hot and cold
water, lights, electric current, sewage, and garbage disposal service. The Concessionaire must abide by
the rules, regulations, schedules and practices of the City in the administration of these services.
The City reserves the right to interrupt, curtail or suspend the provision of any utility service,
including but not limited to, heating, ventilating and air conditioning systems and equipment serving the
Premises, to which Concessionaire may be entitled hereunder when necessary by reason of accident or
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emergency, or for repairs, alterations or improvements in the judgment of City desirable or necessary to
be made or due to difficulty in obtaining supplies or labor or for any other cause beyond the reasonable
control of the City.. The work of such repairs, alterations or improvements shall be prosecuted with
reasonable diligence. The City shall in no respect be liable for any failure of the utility companies or
governmental authorities to supply utility service to Concessionaire or for any limitation of supply resulting
from governmental orders or directives. No diminution or abatement of rent' or other charges, nor
damages, shall be claimed by Concessionaire by reason of the City's or other individual's interruption,
curtailment or suspension of a utility service, nor shall this Concession Agreement or any of
Concessionaire's obligations hereunder be affected or reduced thereby.
2.10 CITY TO PROVIDE PARKING. City will provide seven (7) parking spaces at no cost to
Concessionaire. Concessionaire and its employees shall comply with all established parking rules.
2.11 CITY ACCESS TO FACILITY. City and its authorized representative shall have at all times
access to spaces assigned to the Concessionaire. City will maintain a complete set of keys to the
Cafeteria. Concessionaire shall immediately provide keys to the City for any new equipment or key
changes. Key changes must be approved in advance by the Contract Administrator.
2.12 PERFORMANCE REVIEW MEETINGS. Concessionaire's Manager will schedule formal
meetings with Contract Administrator ninety (90) days after the Commencement Date and every ninety
(90) days thereafter, to review all aspects of Concessionaires performance under this Concession
Agreement. The Concessionaire shall present to City operational issues, completed programs, ideas for
new programs, improvements and financial results.
ARTICLE III
PERSONNEL
3.1 PERSONNEL. The Concessionaire shall, at its own expense, provide an adequate staff for the
provision of the Food Services, trained in food handling. Concessionaire's staff shall provide courteous,
efficient and sanitary service to the customers. Persons handling and vending products under this
Concession Agreement shall be clean and free from any communicable disease. When informed that an
employee of Concessionaire has a condition which reveals that existence of an illness or communicable
disease or other condition which could affect the safe, sanitary or healthful operation of the food service,
Concessionaire will ensure that the said employee undergo, by a licensed physician approved by the City,
an examination which would either verify or contradict the existence of the condition. If such condition is
verified, Concessionaire will not utilize the services of said employee at the food service until the condition
of that employee returns to a healthful status as indicated in writing and signed by the physician.
Food handling and sanitation shall conform to such requirements as may be prescribed by law
and federal, state, and local health authorities.
All Concessionaire employees engaged in handling food shall wear when on duty, distinctive
uniforms in color and design approved by the City and said uniforms shall be maintained and laundered as
necessary by Concessionaire at its sole cost and expense. Additionally, employees engaged in food
handling or vending shall also wear hairnets and disposable sanitary gloves. No person shall be allowed
to cook, handle, sell or dispense food at the Cafeteria unless he or she is wearing such uniform. The
Concessionaire shall, upon written notice from the City, immediately dismiss any employee of the
Concessionaire who shall be, in the sole discretion of the City, objectionable and shall cause such person
forthwith to leave the Premises.
The Concessionaire and its employees shall comply with all City rules and regulations governing
access to and conduct on City property. City agrees to furnish the Concessionaire's personnel with
identification required for entrance to or exit from the Premises during normal work hours. Concessionaire
shall immediately give notice to the Contract Administrator of any employee no longer performing services
on behalf of Concessionaire pursuant to this Concession Agreement. Concessionaire shall return any and
all identification media of any such personnel to the Contract Administrator within one (1) day following the
day that the Contract Administrator is notified as provided in this paragraph. Concessionaire must further
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immediately return all identification media to Contract Administrator upon the expiration or earlier
termination of this Concession Agreement.
Concessionaire's employees may be subject to a background investigation by the City,
Concessionaire agrees that it shall not employ any person to work in the Premises who cannot satisfy said
background investigation.
3.2 CONCESSIONAIRE MANAGER. Concessionaire shall have one full-time manager
(Concessionaire's Manager) responsible for all food service functions at the Premises as specified in this
Concession Agreement. The Concessionaire Manager shall be on-site during all hours the cafeteria is
open. The Concessionaire's Manager must have a minimum of three consecutive years within the last
five years of experience in a similar operation with comparable responsibilities. The Concessionaire's
Manager will have education and/or experience in food service with particular emphasis upon effective
financial controls and merchandising techniques.
3.3 PERSONNEL TRAINING. The Concessionaire shall recruit, train, supervise, direct,
discipline and if necessary, discharge any and all personnel working in the food service facilities employed
by the Concessionaire. The Concessionaire shall have adequately trained personnel to maintain a high
quality of food service as required by the City. Concessionaire shall ensure that critical positions (those
that are necessary to open and operate the Cafeteria) will have adequate back-up employees to call in to
cover for absenteeism. Concessionaire shall require employees to comply with all instructions, rules and
regulations of the City. Concessionaire's employees must comply with City's no smoking policy.
3.4 LABOR RELATIONS. Concessionaire shall be responsible for its own labor relations with any
trade, or union representative among its employees and shall negotiate and be responsible for adjusting all
of the disputes between itself and its employees or any union representing such employees.
Whenever Concessionaire has knowledge that any actual or potential labor dispute is delaying or
threatens to delay the timely performance of the Food Services called for under this Concession
Agreement, Concessionaire shall immediately contact the Contract Administrator by phone or pager and
provide a written follow-up notice of the dispute.
Concessionaire shall continue to provide services under the Concession Agreement in the event
of strikes and other labor disturbances.
ARTICLE IV
TERM
4.1 TERM. The term of this Concession Agreement shall be for a period of one (1) year from
the Commencement Date unless sooner terminated as provided herein (the "Term"). This Concession
Agreement may be extended by mutual consent for four (4) additional one (1) year periods upon the same
terms and conditions contained herein (the "Additional Terms"). In order to exercise this extension,
Concessionaire must deliver written notice of its intent to the City three (3) months in advance of
expiration of the Term or Additional Term, but no earlier than six (6) months prior to the expiration of the
Term or Additional Term. Upon receipt of such notice, City shall conduct an audit of Concessionaire's
compliance with the provisions of this Concession Agreement and notify Concessionaire within forty-five
(45) days from receipt of the request of its intent to grant or deny the request for extension. Before
extending the Concession Agreement, the City reserves the right to review the income statement for the
most recent year's operation and make mutually agreed upon revisions in the financial arrangements. The
City Manager has the right to extend this Concession Agreement for the additional terms stated in the
Concession Agreement.
4.2 HOLDING OVER. If Concessionaire shall be occupying the Cafeteria after the Termination
Date or the termination of Additional Term, or City's demand to Concessionaire to sooner vacate the
Premises, the use granted under this Concession Agreement shall become one from month-to-month
terminable by either party on thirty (30) days prior written notice. Such occupancy shall be subject to all
terms, conditions, provisions and obligations of this Concession Agreement including the payment of all
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fees and charges. The provisions of this Section shall be in addition to any liability Concessionaire may
have to City in respect of its holdover.
ARTICLE V
PAYMENTS
5.1 CONCESSION FEE. Concessionaire agrees to pay City the following Concession Fees as
compensation for use of the Premises for all food service operations:
(Note to Proposers: This Section will be completed at the time of contract finalization)
5.2 RETURNED CHECK FEE. In the event any check is returned to the City as uncollectable, the
Concessionaire shall pay to City a returned check fee (the "Returned Check Fee") based on the following
schedule:
Returned Amount Returned Check Fee
$00.01 - 50.00 $20.00
$50.01 - 300.00 $30.00
$300.01 - 800.00 $40.00
OVER $800 5% of the returned amount.
The Returned Check Fee shall constitute additional fees due and payable, to City by Concessionaire,
upon the date of payment of the delinquent payment referenced above. Acceptance of Returned Check
Fee by City shall, in no event, constitute a waiver of Concessionaire violations with respect to such
overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled.
5.3 ADDITIONAL FEES. In addition to the Concession Fee under Section 5.1, all other payments
or charges payable by Concessionaire, however denoted, are called "Additional Fees". Unless this
Concession Agreement provides otherwise, all Additional Fees shall be paid with the next installment of
the Concession Fee.
5.4 LATE FEE. In the event any installment of the Monthly Fee is not received by City on or
before the fifth day of the month, Concessionaire shall pay the City a late charge of ten percent (10%) of
the amount due. Such late fee shall constitute additional fees due and payable to City by Concessionaire
upon the date of payment of the delinquent payment referenced above. Acceptance of such late charge
by City shall, in no event, constitute a waiver of Concessionaire's violations with respect to such overdue
amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled.
5.5 OVERPAYMENT AND UNDERPAYMENT. In the event that the Concessionaire can
demonstrate, by standard and acceptable accounting practices, that it has made an overpayment in the
Concession Fee in remitting the sum due in accordance with Section 5.1 of this Concession Agreement,
such overpayment shall be refunded promptly to the Concessionaire exclusive of interest thereon, but if
the Concessionaire has made an underpayment in the Concession Fee then said underpayment shall be
paid to the City with interest thereon at ten percent (10%) from the date that it was originally due until it is
paid.
ARTICLE VI
TERMINATION OF CONCESSION AGREEMENT
6.1 TERMINATION BY CITY FOR CAUSE. In the event the Concessionaire defaults or fails
to observe the terms and conditions of this Concession Agreement in any material aspect, City shall have
the right to do any of the following:
A) give Concessionaire notice of the default, specify required corrective action, and the time
period within which corrective action is required to avoid immediate termination of this Concession
Agreement;
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B) give Concessionaire thirty (30) days written notice of its intention to terminate this
Concession Agreement for cause. Thirty (30) days thereafter, this Concession Agreement and
Concessionaire's occupation of the Premises will end regardless of any corrective action by
Concessionaire; and/or
C) immediately terminate this Concession Agreement, if in the sole discretion of the City, the
default or failure to observe terms and conditions is so egregious as to warrant immediate termination.
Upon such termination, Concessionaire's rights to occupy the Premises will end forthwith.
6.2 TERMINATION BY CITY FOR CONVENIENCE. The City shall have the right to terminate
this Concession Agreement at its sole option, for any reason whatsoever, upon at least forty-five (45) days
written notice to the Concessionaire. Upon such termination; the occupancy of the Premises will end and
Concessionaire agrees to waive any claims for damages, including loss of anticipated fees and profits.
6.3 TERMINATION BY CONCESSIONAIRE WITHOUT CAUSE. Concessionaire may terminate
this Concession Agreement at its sole option, for any reason whatsoever, upon at least one hundred and
eighty (180) days written notice to the City. Upon such termination, the occupancy of the Premises will
end and Concessionaire agrees to waive any claims for damages, including loss of anticipated fees and
profits.
6.4 TERMINATION BY CONCESSIONAIRE WITH CAUSE. In the event the City defaults.or
fails to observe the terms and conditions of this Concession Agreement in any material aspect,
Concessionaire shall have the right to terminate the Concession Agreement after notifying City in writing of
the action required to correct the problem and giving City thirty (30) days from receipt of said notice to
correct the problem.
6.5 SURRENDER OF CONCESSION OF PREMISES. At the expiration of the term or earlier
termination of this Concession Agreement, Concessionaire shall promptly surrender possession and shall
deliver to the City all keys that it has to any part of the Cafeteria or the Premises. The Concessionaire
shall return all facilities, equipment and other items furnished by City in the condition in which received,
reasonable wear and tear excepted.
Additionally, at the expiration of the term or earlier termination of this Concession Agreement, if
the City desires, it may purchase all or any part of the equipment, furnishings and trade fixtures owned
and used by the Concessionaire under this Concession Agreement at prices equal to the lower of either
the depreciated cost or fair market value. This provision shall not apply to fixtures, which become part of
the Cafeteria and are owned by the City under Section 12.1 hereof.
Concessionaire will be responsible for all losses and damages to the Cafeteria and the Premises
resulting from its default, failure or negligence during the term of this Concession Agreement. If within
thirty (30) days of termination of this Concession Agreement the City determines that any part of the
Cafeteria or the Premises are damaged, and that such condition was not readily evident at the time of
Concessionaire surrendered possession of the Cafeteria, City reserves the right to have Concessionaire
pay for the repairs to said damaged facilities and/or equipment. This clause shall survive the expiration of
this Concession Agreement.
ARTICLE VII
HAZARDOUS MATERIALS
7.1 ENVIRONMENTAL WARRANTY. Concessionaire shall, ,at its sole cost and expense, at all
times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations,
rules, rulings, policies, orders and administrative actions ("Hazardous Materials Laws"), including, without
limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the
use, storage, disposal or transportation of any flammable explosives, toxic substances or other
hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any
"Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances", under any
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such laws, ordinances or regulations (collectively "Hazardous Materials"). Concessionaire shall, at its sole
cost and expense, procure, maintain in effect and comply with all conditions of any and all permits,
licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials
within, on, under or about the Premises required for Concessionaire's use of any Hazardous Materials in
or about the Premises in conformity with all applicable Hazardous Materials Laws and prudent industry
practices regarding management of such Hazardous Materials. City recognizes and agrees that
Concessionaire may use materials in normal quantities that are applicable to the use of the Premises for
the purposes stated herein and that such use by Concessionaire shall not be deemed a violation of this
Section, so long as the levels are not in violation of any Hazardous Materials Laws. Upon termination or
expiration of this Concession Agreement, Concessionaire shall, at its sole cost and expense, cause all
Hazardous Materials, including their storage devices, placed in .or about the Premises by Concessionaire
or at Concessionaire's direction to be removed from the Premises and transported for use, storage or
disposal in accordance and compliance with all applicable Hazardous Materials Laws. City acknowledges
that it is not the intent of this Article VII to prohibit Concessionaire from operating in the Premises for the
use described in Section 2.1. Concessionaire may operate according to the custom of the industry so
long as the use or presence of Hazardous Materials is strictly and properly monitored according to all
applicable governmental requirements.
7.2 INDEMNIFICATION. Concessionaire shall indemnify, protect, defend and hold City free and
harmless from and against any and all claims, liabilities, penalties, forfeitures; losses and expenses
(including attorneys' fees) or death of or injury to any person for damage to any property_ whatsoever,
arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Premises of
any Hazardous Materials placed in or about the Premises by Concessionaire or at Concessionaire's
direction or used by Concessionaire or by Concessionaire's failure to comply with any Hazardous
Materials Law or in connection with any removal, remediation, cleanup, restoration and materials required
hereunder to return the Premises and any other property of whatever nature to their condition existing
prior to'the appearance of the Hazardous Materials.
7.3 DISCLOSURE, WARNING AND NOTICE OBLIGATIONS. Concessionaire shall comply
with all laws, ordinances and regulations in the State of Florida regarding the disclosure of the presence or
danger of Hazardous Materials. Concessionaire acknowledges and agrees that all reporting and warning
obligations required under the Hazardous Materials Laws are the sole responsibility of Concessionaire,
whether or not such Hazardous Materials Laws permit or require the City to provide such reporting or
warning, and Concessionaire shall be solely responsible for complying with Hazardous Materials Laws
regarding the disclosure of, the presence or danger of Hazardous Materials. Concessionaire shall
immediately notify City, in writing, of any complaints, notices, warning, reports or asserted violations of
which Concessionaire becomes aware relating to Hazardous Materials on or about the Premises.
Concessionaire shall also immediately notify City if Concessionaire knows or has reason to believe a
complaint, notice, warning, report or violation will be released on or about the Premises.
Notwithstanding the above, Concessionaire must submit a list to Contract Administrator of all
chemical products (soaps, glass cleaners, detergents, degreasers, etc.) it proposes to use in its
operations. Such list shall be accompanied by a Material Safety Data Sheet for each product. It shall be
the responsibility of Concessionaire to keep the list updated as products are added or deleted and shall
provide new or updated Material Safety Data Sheets as conditions warrant. City reserves the right to
require any product to be deleted from such list if, in the sole opinion of the City, such product is causing
damage to the Premises or is unsafe.
7.4 SURVIVAL OF CONCESSIONAIRE'S OBLIGATION. The respective rights and obligations of
City and Concessionaire under this Article VII shall survive the expiration or earlier termination of this
Concession Agreement.
ARTICLE VIII
SECURITY
8.1 SECURITY. Simultaneously with the execution of this Concession Agreement by
Concessionaire, Concessionaire shall deposit with City the sum of (equal to three (3) months
fee) as a security deposit (the "Security"). The Security shall be security for the payment and performance
by . Concessionaire of all of Concessionaire's obligations, covenants, conditions, and Concession
Agreements under this Concession Agreement. City shall have the right, but shall not be obligated, to
apply, all or any portion of the Security to cure any default, in which event, Concessionaire shall promptly
deposit with City the amount necessary to restore the Security to its original amount. The Security shall
not be deemed liquidated damages and application of the Security to reduce City's damages, shall not
preclude City from recovering from Concessionaire all additional damages incurred by City.
If Concessionaire fully and faithfully complies with all of the terms, provisions and conditions of the
Concession Agreement, the Security shall be returned to Concessionaire without interest within ninety (90)
days after the following occurs: (i) the expiration of the Concession Agreement term, as may be extended
pursuant to the provisions of this Concession Agreement, and (ii) Concessionaire's delivery to City of the
entire Premises in the same condition or better than existed on the Commencement Date, ordinary wear
and tear excepted.
Upon termination of this Concession Agreement by either party, if Concessionaire fails to pay
within ten (10) days after the date of said termination the cost of repair or replacement of equipment or
furnishings which are he
by the neglect, negligence or intentional misconduct of
Concessionaire, then said failure shall be a breach of this Concession Agreement and the costs of such
repairs shall be payable out of said Security.
ARTICLE IX
ABANDONMENT
9.1 ABANDONMENT. If Concessionaire shall vacate or abandon the Cafeteria during the Term
or Additional Term of this Concession Agreement for a period of two (2) consecutive workdays, the City, at
its option and without serving notice elsewhere required in this Concession Agreement, may:
(i) take immediate possession of the Cafeteria for the remainder of the Term or Additional Term,
and contract with another person or corporation for the provision of Food Services at the Cafeteria. In
such event the Concessionaire shall remain liable for all obligations under this Concession Agreement.
No
(ii) immediately cancel this Concession Agreement.
ARTICLE X
SPECIAL ASSESSMENTS OR TAXES
10.1 CONCESSIONAIRE TO PAY. During the term hereof, Concessionaire covenants and agrees to
pay before delinquency all municipal, county or state taxes assessed against any occupancy interest or
personal property of any kind, owned by or placed in, upon or about the Premises by Concessionaire. In
the event Concessionaire appeals a tax, Concessionaire shall immediately notify City of its intention to
appeal said tax and shall furnish and keep in effect a surety bond of a responsible and substantial surety
company reasonably acceptable to City or other security reasonably satisfactory to City in anamount
sufficient to pay one hundred percent of the contested tax with all interest on it and costs and expenses,
including reasonable attorneys' fees, to be incurred in connection with it.
ARTICLE XI
RECORDS AND AUDITING
11.1 RECORDS OF SALES. During the term of this Concession Agreement and any extension
thereto, Concessionaire shall maintain and keep, or cause to be maintained and kept at the Premises or
such other location in Miami to be approved by Contract Administrator, a full, complete and accurate
record and account of all Gross Revenues arising or accruing by virtue of its operations conducted at or
from the Premises, for each day of the term and all extensions thereof. All records and accounts including
sales slips (which will be serially numbered), cash register tapes, bank statements or duplicate deposit
slips, mail orders, telephone orders, settlement report sheet of transactions with subcontractors,
concessionaires and licensees, income and sales tax returns and all other supporting records, shall be
available for inspection and audit by the City and its duly authorized agents or representatives during the
hours of 8:00 AM to 5:00 PM, Monday through Friday, and shall be in accordance with generally accepted
accounting procedures. Concessionaire must provide point of sale machines or such other cash registers
or accounting control equipment deemed reasonably necessary and consented to by the Contract
Administrator, for proper control of cash and payments whether such transaction is a cash or credit
transaction. Concessionaire shall keep and preserve, or cause to be kept and preserved, said records for
not less than sixty (60) months after the payment of the Concession Fee due under the terms hereof. For
the same period of time, Concessionaire shall also retain copies of all sales and tax returns covering its
operations at the Premises, and any other governmental tax or other returns, which show
Concessionaire's sales therein, and shall, upon demand, deliver photographic copies thereof to the City at
no cost. The Concessionaire will cooperate with the City's internal auditors (or such other auditors
designated by City) in order to facilitate the City's examination of records and accounts.
11.2 AUDITS. Upon City's request, Concessionaire shall deliver or cause to be delivered within ninety
(90) days of such request, to City's Office of Asset Management, 444 S.W. 2nd Avenue, Suite 325, Miami,
Florida 33130, a financial statement for the Concession Agreement Years so specified in City's request,
prepared and certified by a Certified Public Accountant employed at Concessionaire's sole cost and
expense. Said Certified Public Accountant shall certify that he made a complete examination of the
books, state sales tax returns, and federal income tax returns of Concessionaire and that such statement
is prepared in accordance with generally accepted accounting principles and practices and represents the
Gross Revenues of the Concessionaire for the period indicated therein. With each financial statement,
Concessionaire shall pay to City any unpaid balance of the Concession Fee, if any, and City shall refund
any overpayments, if any. Such underpayment or overpayment shall be paid as set forth in Section 5.5
Overpayment and Underpayment. In the event the Concessionaire fails to prepare or deliver any required
Audited Financial Statement to the City within the time set forth above, the City, upon fifteen (15) days
written notice to Concessionaire, may elect to exercise either or.both of the following remedies:
(i) To treat, as a default of this Concession Agreement, any such omission continuing after
thirty (30) days notice thus entitling the City, without further notice, to exercise its right to cancel this
Concession Agreement and resort to other legal remedies; and/or
(ii) To cause an audit and/or accounting, pursuant to the provisions of this Concession
Agreement to be made at the sole cost and expense of Concessionaire. Concessionaire shall pay the full
cost of such audit within ten (10) days of receipt of an invoice indicating the cost of such audit.
Notwithstanding the above, at its option, City may cause, at any time within sixty (60) months of
receipt of any Concession Fee furnished by Concessionaire, a complete audit to be made of
Concessionaire's business affairs, records, files, sales slips and sales tax records in connection with
Concessionaire's sales on, from or related to the Premises for the period covered by any such statement
furnished by Concessionaire. If such audit shall disclose an underpayment of fees, Concessionaire shall
pay City any unpaid balance within thirty (30) days of receipt of notice from City that such balance is due.
If such audit shall disclose an overpayment, City shall refund such to Concessionaire. Such underpayment
or overpayment shall be paid as set forth in Section 5.5 Overpayment and Underpayment.
Concessionaire shall allow the City or the auditors of the City to inspect all or any part of the
compilation procedures for the aforesaid monthly reports. Said inspection shall be reasonable and is at
the sole discretion of the City. Records shall be available Monday through Friday, inclusive, between the
hours of 8:00 AM and 3:00 PM at the Premises or at such other location in Miami, which may be approved
by the Contract Administrator.
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The acceptance by City of payments of the Concession Fee shall be without prejudice to City's
right to conduct an examination of Concessionaire's books and records of its Gross Revenues and
inventories of merchandise on or for the Premises in order to verify the amount of annual Gross Revenues
made by Concessionaire in and from the Premises.
The Concessionaire shall further be subject to periodic, unannounced operational audits of the
food services by a representative of the City. Such audits shall include a review of the following:
- service quality, attentiveness, courteousness, etc
- food quality, quantity, presentation, merchandising
- sanitation practices and conditions
- personnel appearance
- training program techniques, schedules and records
- safety conditions
operation performance from a financial perspective
- other related operational conditions and/or practices
City shall prepare a report as a result of the operational audit notifying the Concessionaire of
conditions needing correction or improvement.
ARTICLE XII
ALTERATIONS AND IMPROVEMENTS
12.1 ALTERATIONS AND IMPROVEMENTS. Concessionaire shall not make or permit to be made
any construction, repairs, alterations, additions, partitions or changes to the Cafeteria (hereinafter
collectively called "Alterations") without the prior written consent of the Contract Administrator. If Contract
Administrator grants consent:
(i) the Alterations shall be performed in a good and workmanlike manner in accordance with
all applicable Federal, State and local statutes, laws, ordinances and regulations, as they presently exist
and as they may be amended hereafter.
(ii) all Alterations shall be provided at Concessionaire's sole cost and expense.
(iii) Concessionaire shall pay for and obtain the necessary and applicable permits in
compliance with all Federal, State and local laws, rules and regulations in connection with any Alteration
made by Concessionaire to the Premises. .
(iv) Alterations (other than movable trade fixtures, which can be removed without injury to the
Cafeteria) shall at once become a part of the Premises, the property of the City and shall be included in
the Inventory.
Concessionaire shall have the right to remove any movable personal property and trade fixtures
that it places in or at the Premises. If any part of the Premises is in any way damaged by the removal of
such items, said damage shall be repaired by Concessionaire at its sole cost and expense. Should
Concessionaire fail to repair any damage caused to the Premises within ten (10) days after receipt of
written notice from City directing the required repairs, City shall cause the Premises to be repaired at the
sole cost and expense of Concessionaire. Concessionaire shall pay City the full cost of such repairs
within ten (10) days of receipt of an invoice indicating the cost of such required repairs. Failure to pay
such invoice shall be sufficient cause to terminate this Concession Agreement as provided in Section 6.1
herein. Notwithstanding the above, this Concession Agreement may be terminated due to
Concessionaire's failure to repair the Premises as directed without the necessity of City repairing the
Premises.
- 1W) 20
12.2 LIENS AND ENCUMBRANCES. The Concessionaire shall keep the Premises free and
clear of any liens and encumbrances. Nothing in this Concession Agreement shall be construed as
constituting the consent or request of the City, expressed or implied, by inference or otherwise, to any
contractor, subcontractor, laborer or material man for the performance of any labor or the furnishing of any
materials for any specific Alteration, or repair of or to the Premises nor as giving the Concessionaire the
right, power or authority to contract for or permit the rendering of any services or the furnishing of any
materials that would give rise to the filing of any mechanics liens or other encumbrance against.the City's
interest in the Premises.
If any lien shall at any time be filed against the Premises as a result of any Alteration undertaken
by Concessionaire, the Concessionaire shall cause it to be discharged of record within ten days after the
date the Concessionaire has knowledge of its filing. If the Concessionaire shall fail to discharge a lien
within that period, then in addition to any other right or remedy, the City may, but shall not obligated to,
discharge the lien either by paying the amount claimed to be due or by procuring the discharge of the lien
by deposit in court of bonding, or in the event the City shall be entitled, if it so elects, to compel the
prosecution of any. action for the foreclosure of the lien by the lien or and to pay the amount of the
judgment, if any, in favor of the lien or with interest, costs and allowances with the understanding that all
amounts paid by the City shall constitute Additional Fee due and payable under this Concession,
Agreement and shall be repaid to the City by the Concessionaire immediately upon rendition of an invoice
or bill by the City. The Concessionaire shall not be required to pay or discharge any lien so long as the
Concessionaire shall in good faith proceed to contest the lien by appropriate proceedings and if the
Concessionaire shall have given notice in writing to the City of its intention to contest the validity of the lien
and shall furnish and keep in effect a surety bond of a responsible and substantial surety company
reasonably acceptable to City or other security reasonably satisfactory to City in an amount sufficient to
pay one hundred ten percent (110°/x) of the amount of the contested lien claim with all interest on it and
costs and expenses, including reasonable attorneys' fees, to be incurred in connection with it.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
13.1 INDEMNIFICATION AND HOLD HARMLESS. Concessionaire shall indemnify, protect, defend
and hold harmless the City, its officials and employees, from and against any and all claims, suits, actions,
damages or causes of action of whatever nature arising out of the use or operation of the Cafeteria and
the Premises by Concessionaire, its agents, contractors, employees or servants, whether such claim shall
be made by an employee of Concessionaire, an employee of the City or by any third party, and whether it
relates to injury to persons (including death) or damage to property and whether it is alleged that the City
or its employees or officials were negligent. Concessionaire shall at its own cost and expense pay and
satisfy all costs related to any orders, judgments or decrees which may be entered thereon, and from and
against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such
claims and the investigation thereof. Concessionaire shall further indemnify, defend, protect and hold City
harmless from and against any and all claims arising from any breach or default in performance of any
obligation of Concessionaire's part to be performed under the terms of this Concession Agreement, or
arising from any act, neglect, fault or omission of Concessionaire or its agents, contractors, employees
and servants and from and against all costs, attorneys' fees, expenses and liability incurred in connection
with such claim or any action or proceeding brought thereon. In case any action or proceeding shall be
brought against City by reason of any claim, Concessionaire upon notice from City shall defend the same
at Concessionaire's expense by counsel approved in writing by City. City reserves the right to defend
itself.
Concessionaire shall immediately notify City, in writing, of any claim or action filed, of whatever
nature, arising out of the use or operation of the Premises by Concessionaire, its agents, contractors,
employees or servants. Concessionaire shall also immediately notify City if Concessionaire knows or has
reason to believe a claim or action will be filed, of whatever nature, arising out of the use or operation of
the Premises, by Concessionaire, its agents, contractors, employees or servants.
21
13.2 INSURANCE. Concessionaire, at its sole cost and expense, shall obtain and maintain in full
force and effect at all times throughout the period of this Concession Agreement and through any periods
of extensions, the following insurance:
(i) Commercial General Liability insurance on a comprehensive general liability coverage
form, or its equivalent, including contractual liability, products and completed operations, personal injury,
and premises and operations coverage insuring against liability arising out of or based upon any act or
omission of Concessionaire, its subcontractors, officers, directors, employees or agents, with such limits
as may be reasonably requested by the City from time to time but not less than $1,000,000 per
occurrence combined single limit for bodily injury and property damage. The City shall be. named as
Additional Insured on the policy or policies of insurance.
(ii) "All Risk" property insurance against loss or damage by fire, windstorm, flood with such
endorsement for extended coverage, theft, vandalism, malicious mischief, sprinkler damage and special
coverage, including flammable materials used for cooking, insuring 100% of the replacement cost of all
improvements and betterments, equipment, furniture, fixtures, inventory and supplies or other property of
Concessionaire. The City shall be named as a Loss Payee.
(iii) Automobile liability insurance covering all owned, non -owned and hired vehiclesused in
conjunction with operations covered by this Concession Agreement. The policy or policies of insurance
shall contain such limits as may be reasonably requested by the City from time to time but not less than
$500,000 for bodily injury and property damage. The requirements of this provision may be waived upon
submission of a written statement that no automobiles are used to conduct business.
(iv) Worker's Compensation in the form and amounts required by State law.
The City reserves the right to amend the insurance requirements by the issuance of a notice in
writing to Concessionaire. The Concessionaire shall provide any other insurance or security required by
the City. The policy or policies of insurance required shall be so written that the policy or policies may not
be canceled or materially changed without thirty (30) days advance written notice to City. Said notice
should be delivered to the City of Miami, Department of Risk Management, 444 S.W. 2nd Avenue, 9th floor,
Miami, Florida 33130 with copy to City of Miami, Office of Asset Management, 444 S.W. 2nd Avenue, Suite
325, Miami, FL 33130.
A current Evidence of Insurance 'and Policy of Insurance evidencing the aforesaid required
insurance coverage shall be supplied to the Office of Asset Management of the City at the
commencement of the term of this Concession Agreement and a new Evidence and Policy shall be
supplied at least twenty (20) days prior to the expiration of each such policy. Insurance policies required
above shall be issued by companies authorized to do business under the laws of the State of Florida, with
the following qualifications as to management and financial strength: the company should be rated "A" as
to management, and no less than class "X" as to financial strength, in accordance with the latest edition of
Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority and is a member of
the Florida Guarantee Fund. Receipt of any documentation of insurance by the City or by any of its
representatives, which indicates less coverage than required, does not constitute a waiver of the
Concessionaire's obligation to fulfill the insurance requirements herein.
In the event Concessionaire shall fail to procure and place such insurance, the City may, but shall
not be obligated to, procure and place same, in which event the amount of the premium paid shall be paid
by Concessionaire to the City as Additional Fee upon demand and shall in each instance be collectible on
the first day of the month or any subsequent month following the date of payment by the City. Failure to
pay such amount within the time frame provided shall be sufficient cause to terminate this Concession
Agreement as provided in Section 6.1 hereof. Concessionaire's failure to procure insurance shall in no
way release Concessionaire from its obligations and responsibilities as provided herein.
ARTICLE XIV
DAMAGE OR LOSS TO CONCESSIONAIRE'S PROPERTY
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14.1. RISK OF LOSS. City shall not be liable for injury or damage to the property or merchandise of
the Concessionaire or its employee's, invitees, patrons occurring in or about the Premises caused by or
resulting from anyone or any peril whatsoever which may affect the Premises, including, without limitation,
fire, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of
the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures of the Premises, or from hurricane or any act of
God or any act of negligence of any user of the facilities or occupants of'the Premises or any person
whomsoever, whether such damage or injury results from conditions arising upon the Premises or upon
other portions of the Premises or from other sources.
14.2 NOTICE OF DAMAGES OR INJURIES. The Concessionaire shall give City prompt written
notice of any fire, damage or injury occurring at the Premises.
14.3. VANDALISM AND THEFTS. Where vandalism or theft occurs to Concessionaire's machines,
equipment or operation, it shall be the sole responsibility and liability of Concessionaire to insure, repair or
replace damaged or stolen equipment at Concessionaire's expense within forty-eight (48) hours. All
vandalism shall be reported to the Contract Administrator immediately upon discovery.
14.4. THEFT AND LOSS LIABILITY. City will not be responsible for any of Concessionaire's losses
or thefts, and any such losses must be borne solely by the Concessionaire out of its own funds they may
not be used to diminish or be absorbed by payment due the City.
0- 1Pqt 00 23
ARTICLE XV
ASSIGNMENT AND SUBCONTRACTING
15.1 ASSIGNMENT AND SUBCONTRACTING. Concessionaire shall not: (1) assign or transfer
this Concession Agreement, in whole or in part; (2) subcontract the Cafeteria operations, in whole or in
part; (3) subcontract any other listed responsibilities, or any part hereof; or (4) permit any third party or
parties other than Concessionaire, its authorized agents and employees, to occupy or use the Premises,
or portion thereof (hereinafter individually and collectively referred to as a "Subcontract") without prior
review and written consent of the City Manager, which consent may be conditioned or withheld for any or
no reason, including, but not limited to additional financial consideration. Any assignment, transferor
subcontract in violation of this Concession Agreement or without the written approval of the City Manager
shall be void and have no binding effect upon City. If any portion of the work or services, which have been
subcontracted by the Concessionaire, is not executed in accordance with this Concession Agreement, the
Subcontractor shall be replaced on request of the City Manager. No Subcontract entered into by the
Concessionaire shall relieve the Concessionaire of any of its liabilities and obligations.
It is agreed that all terms and conditions of this Concession Agreement shall extend to and be
binding on all Subcontractors as may be approved by the City Manager. Concessionaire shall be liable for
acts and omissions by any Subcontractor affecting this Concession Agreement. City reserves the right to
directly terminate any Subcontractor for any cause for which Concessionaire may be terminated.
15.2 PROCEDURE FOR SUBCONTRACT. Should Concessionaire desire to make a Subcontract'
hereunder, Concessionaire shall give written notice of its intention to do so to the City Manager at least
sixty (60) days prior to the effective date of any such proposed Subcontract, specifying in such notice the
nature of such proposed Subcontract and the proposed date thereof and specifically identifying the
proposed Subcontractor. Such notice shall be accompanied by a copy of the proposed Subcontract
Agreement, and any other documents or financial information (including without limitation, three years
audited financial statements) City may require in order to make a determination as to the suitability of the
Subcontractor. City shall, within thirty (30) days after its receipt of such notice of a proposed Subcontract
from Concessionaire, either (i) withhold consent to the Subcontract or (ii) consent to such. Subcontract
subject to the terms and conditions provided for in this Article. Concessionaire acknowledges and agrees
that the imposition of the conditions described in this Article 15 as a condition of Concessionaire's consent
is reasonable.
ARTICLE XVI
SIGNAGE AND ADVERTISING
16.1 SIGNAGE AND ADVERTISING. Concessionaire shall not permit any signs or advertising matter
to be placed on any portion of the Premises except with prior written approval of the Contract
Administrator. Concessionaire shall, at its sole cost and expense, install, provide, maintain such sign,
decoration, advertising matter or other things as may be permitted hereunder in good condition and repair
at all times. Concessionaire must further obtain approval from all governmental authorities having
jurisdiction, and must comply with all applicable requirements set forth in the City of Miami Code and
Zoning Ordinance. Upon the expiration or earlier termination of this Concession Agreement,
Concessionaire shall, at its sole cost and expense, remove any sign, decoration, advertising matter or
other thing permitted hereunder from the Premises. If any part of the Premises is in any way damaged by
the removal of such items, said damage shall be repaired by Concessionaire at its sole cost and expense.
Should Concessionaire fail to repair any damage caused to the Premises within ten (10) days after receipt
of written notice from City directing the required repairs, City shall cause the Premises to be repaired at
the sole cost and expense of Concessionaire. Concessionaire shall pay City the full cost of such repairs
within ten (10) days of receipt of an invoice indicating the cost of such required repairs.
ARTICLE XVII
NOTICE
24
17.1 NOTICE. All notices or other communications which shall or may be given pursuant to this
Concession Agreement shall be in writing and shall be delivered by personal service or by certified mail
addressed to the parties at their respective addresses indicated below or as the same may be changed in
writing from time to time. Such notice shall be deemed given on the day on which personally served, or if
by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
NOTICE TO CITY: NOTICE TO CONCESSIONAIRE:
City of Miami
City Manager
444 S.W. 2"d Avenue
10t" Floor
Miami, Florida 33130
WITH COPY TO:
City of Miami
Office of Asset Management
Attn: Contract Administrator
444 S.W. 2nd Avenue
Suite 325
Miami, FL 33130
ARTICLE XVIII
MISCELLANEOUS
18.1 COMPLIANCE WITH LAWS. Concessionaire shall comply with all applicable federal, state and
local laws, regulations, orders, ordinances and codes pertaining to its performance under this Concession
Agreement.
18.2 INDEPENDENT CONTRACTOR. Concessionaire and its employees and agents shall be
deemed to be independent contractors, and not agents, employees or representatives of the City and shall
not attain rights or benefits under the Civil Service or Pension Ordinances of the City nor any rights
generally afforded classified or unclassified employees; further they shall not be entitled to the Florida
Workers Compensation benefits as employees of the City.
18.3 SUCCESSORS AND ASSIGNS. This Concession Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives, successors and assigns.
18.4 AMENDMENTS. City and Concessionaire by mutual agreement shall have the right but not the
obligation to amend this Concession Agreement. The City Manager has the right to execute any
amendments to the Concession Agreement and shall be effective only when signed by City Manager and
Concessionaire and shall be incorporated as a part of this Concession Agreement.
C-0- D)3 5
18.5 AWARD OF CONCESSION AGREEMENT. Concessionaire warrants that it has not employed or
retained any person employed by City to solicit or secure this Concession Agreement and that it has not
offered to pay, paid, or agreed to pay any person employed by City any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of this Concession
Agreement.
18.7 CONFLICT OF INTEREST. Concessionaire is aware of the conflict of interest laws as set forth in
Section 2-611 of the Code of the City of Miami, Florida, as amended, and agrees that it will comply in all
respects with the terms thereof.
18.7 CONSTRUCTION OF CONCESSION AGREEMENT. This Concession Agreement shall be
construed and enforced according to the laws of the State of Florida.
18.8 COURT COSTS AND ATTORNEYS' FEES. In the event that it becomes necessary for City to
institute legal proceedings to enforce the provisions of this Concession Agreement, Concessionaire shall
pay City's court costs and attorney(s)' fees. Concessionaire acknowledges that Florida law provides for
mutuality of attorney's fees as a remedy in contract cases and specifically and irrevocable waives its right
to collect attorney's fees from the City under applicable laws, including specifically, but not limited to
Section 57.105, Florida Statutes. It is the express intent of the parties hereto that in no event will the City
be required to pay Concessionaire's attorney's fees and court costs for any action arising out of this
Agreement. In the event that Concessionaire's waiver under this section is found to be invalid then
Concessionaire agrees that the City's liability for Concessionaire's attorney's fees and court costs shall not
exceed the sum of $100.00. In the event that the waiver and limitations contained herein are found to be
invalid, or are otherwise not upheld, then the provisions of this Section shall become null and void and
each party shall be responsible for its own attorney's fees and costs.
18.9 WAIVER OF JURY TRIAL. The parties hereby knowingly, irrevocable, voluntarily and intentionally
waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim
based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment
or modification of this Agreement, or any other agreement executed by and between the parties in
connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal
or written) or actions of any party hereto. This waiver of jury trial provision is a material inducement for the
City and Concessionaire entering into the subject transaction.
18.10 SEVERABILITY. If any provision of the Concession Agreement, or any paragraph, sentence,
clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Concession
Agreement shall be construed as if such invalid part were never included herein and the Concession
Agreement shall be and remain valid and enforceable. to the fullest extent permitted by law.
18.11 WAIVER. No waiver of any provision hereof shall be deemed to .have been made unless such
waiver is in writing and signed by City or Concessionaire. The failure of either party to insist upon the strict
performance of any of the provisions or conditions of this Concession Agreement shall not be construed
as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and
remain in full force and effect.
18.12 CAPTION. The captions contained in this Concession Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit or prescribe the scope of this Concession
Agreement or the intent of any provisions thereof.
CO- i6a 26
0 W,
ARTICLE XIX
AFFIRMATIVE ACTION AND NONDISCRIMINATION
19.1 . AFFIRMATIVE ACTION. Concessionaire shall have in place an Affirmative Action/Equal
Employment Opportunity Policy and shall institute a plan for its achievement, which will require that action
be taken to provide equal opportunity in hiring and promoting for women, minorities, individuals with
disabilities, and veterans. Such plan will include a set of positive measures which will be taken to insure
nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a
policy/plan, Concessionaire shall submit a Statement of Assurance indicating that their business is in
compliance with all relevant Civil Rights laws and regulations.
19.2 , NONDISCRIMINATION. Concessionaire agrees that there will be no discrimination against any.
person based upon race, religion, color, sex, ancestry, age, national origin, mental or physical handicap, in
the use of the Premises and improvements thereof. It is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, City shall have the right to terminate
this Concession Agreement.
ARTICLE XX
MINORITY PROCUREMENT
20.1 MINORITY PROCUREMENT. Concessionaire shall make every good faith effort to
purchase/contract fifty-one (51 %) of its annual goods and services requirements from Hispanic, Black and
Women businesses/professionals registered/certified with the City of Miami's Office of Minority/Women
Business Affairs. Such lists are available in the Purchasing Department at the time of signing of the
Concession Agreement with the City of Miami.
ARTICLE XXI
ENTIRE CONCESSIONAGREEMENT
21.1 ENTIRE AGREEMENT. This Concession Agreement represents the total Concession
Agreement between the parties. All other prior Concession Agreements between the parties, either verbal
or written, are superseded by this Concession Agreement and therefore no longer valid.
21.2 APPROVAL BY THE OVERSIGHT BOARD. The State of Florida has appointed an Emergency
Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve pending
City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have
been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute
evidence of approval by the Oversight Board.
027 - 27
III. GENERAL INFORMATION
3.1 PROPOSAL DUE DATE
Whether forwarded by mail or personally delivered, the Proposal shall be submitted in accordance
with Article IV herein, and must be received by the Office of the City Clerk, City of Miami, City Hall, 3500
Pan American Drive, Miami, Florida, 33133, on or before PM (EST),
, 2000. Untimely submissions, or submissions delivered to another location will not be
accepted.
3.2 PROPOSAL PRE -SUBMISSION CONFERENCE
A Proposal Pre -Submission Conference and tour of the Premises will be held on
_, 2000 at _:00 AM, at 444 SW 2 Avenue, Miami, Florida, 3rd
floor, for the purpose of providing an opportunity for prospective Proposers to personally raise questions
or issues to City staff pertaining to the RFP. Failure to submit your proposal based on the fact that the
City was unable to accommodate your request in a timely fashion, will not be grounds for an extension of
the proposal submission. ATTENDANCE AT THE PRE -SUBMISSION CONFERENCE BY A
REPRESENTATIVE OF THE PROPOSER IS NOT MANDATORY OR A REQUIREMENT FOR
SUBMITTING PROPOSALS IN RESPONSE TO THIS RFP.
3.3
3.4
ANTICIPATED SCHEDULE OF EVENTS
The anticipated schedule for the RFP and Concession Agreement approval is as follows:
RFP available for distribution
/_/00
_
Proposal Due Date
(1:00 PM EST)
Evaluation/Selection process
City Commission approval/rejection
Anticipated Commencement Date
CITY CONTACT PERSON
/ /00 Pre -Submission Conference
/00
_/_/00
_/_/00
_/_/00
This RFP is being issued, as will any addenda for the City, by the Office of Asset Management.
Please refer all inquiries, questions or comments to Albert Fernandez, Lease Manager (the "City Contact
Person") at facsimile (305) 416-2156.
3.5 CONE OF SILENCE
Pursuant to Miami -Dade Ordinance 98-106 and Miami -Dade County Ordinance No. 99-1, as
amended, a "Cone of Silence" is imposed upon RFPs, RFQs, or bids after advertisement and terminates
at the time the City Manager issues a written recommendation to the City Commission. The Cone of
Silence prohibits communication regarding RFPs, RFQs, or bids between potential vendors, service
providers, bidders, lobbyists or consultants and City's professional staff including, but not limited to, the
City Manager and the City Manager's staff.
Lq "-� 28
The provisions of County Ordinance Nos. 98-106 and 99-1 do not apply to oral communications at
pre-proposal/bid conferences, oral presentations before selection committees, contract negotiations
during any duly noticed public meetings, public presentations made to the City Commission during any
duly noticed public meeting or communications in writing at any time unless specifically prohibited by the
applicable RFP, RFQ or bid document. Proposers/Bidders must file a copy of any written communications
with the City Clerk, which shall be made available to any person upon request. The, City shall respond in
writing and file a copy with the City Clerk, which shall be made available to any person upon request.
In addition to any other penalties provided by law, violation of Miami -Dade County Ordinance Nos.
98-106 and 99-1 by any bidder and bidder shall render any RFP award, RFQ award or bid award voidable.
Any person having personal knowledge of a violation of the Ordinance's shall report such violation to the
State Attorney and/or may file a complaint with Miami -Dade County's Ethics Commission.
Proposers/Bidders should reference the actual Ordinances for further clarification.
All Proposers/Bidders will be notified in writing when the City Manager makes an awarded
recommendation to the City Commission.
3.6 PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a proposal on a contract to provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit a proposal on a lease of real property to a public entity, may not be
awarded or perform work as a consultant, supplier, sub consultant or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date
of being placed on the convicted vendor list.
3.7 PROPOSALS OPEN TO PUBLIC
Prospective Proposers are hereby notified that all information submitted as part of, or in support
of, proposals will be available for public inspection in compliance with Chapter 119.07(3)(0), Florida
Statutes.
3.8 PROPOSAL VALIDITY PERIOD
Proposers shall include a statement that its proposal remains firm for a period of at least one
hundred twenty (120) days after the Proposal Due Date.
3.9 COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of a proposal to the City, or any work
performed in connection therewith shall be borne by the Proposer(s).
3.10 PROPOSAL GUARANTEE
A Proposal must be accompanied by a Proposal Guarantee in the amount of two thousand dollars
($2,000.00). Please refer to said Article IV, Section 4.18 as to specific requirements of the Proposal
Guarantee. Any Proposal submitted without being accompanied by the foregoing will be deemed non-
responsive and rejected.
3.11 RETURN OF PROPOSAL GUARANTEE
The Proposal Guarantee of all except the responsive Proposers will be returned within thirty (30)
days after the Proposal Due Date. The Proposal Guarantee of the responsive Proposers, except the
selected Proposer, shall be returned within thirty (30) days after the City Commission makes a
determination with respect to an award of a contract pursuant to this RFP. The Proposal Guarantee of the
selected Proposer will be retained by the City and applied against the Security Deposit pursuant to the
Concession Agreement. If a responsive Proposer withdraws its proposal within one hundred and twenty
(120) days from the Proposal Due Date, then in that event, the Proposal Guarantee shall be kept by the
City as liquidated damages and not as a penalty. If the selected Proposer fails to execute a Concession
''Agreement or fails to provide the required insurance within fifteen (15) days from the date of City
Commission award, the Proposal Guarantee shall be kept by the City as liquidated damages and not as a
penalty.
3.12 CONCESSION FEE TO CITY
The Concession Fee to the City shall be stated in both words and figures in the appropriate places
in the Proposal Form. In the event there is a discrepancy between the price written in words and the price
written in figures, the former shall govern.
3.13 CLARIFICATIONS AND ADDENDA
Proposers shall promptly notify the City Contact Person of any ambiguity, inconsistency or error,
which is discovered upon examination of the RFP documents.
. Questions regarding this RFP should be directed, in writing, preferably by fax, to the City Contact
Person specified on the title page. Questions must be received by the City Contact Person on or before
the close of business on , 2000. Answers, citing the questions asked but not identifying
the questioner, will be distributed simultaneously to all known prospective Proposers. Note: Written
requirements in the RFP or its amendments may be binding, but any oral communications between you
and us are not.
If it becomes evident that this RFP must be amended, we will issue a formal written addendum to
all known prospective Proposers. If necessary, a new due date will be established.
3.14 WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn up until the Proposal Due Date. However, after such date, any
Proposal withdrawn will forfeit its Proposal Guarantee, which shall become the property of the City and the
Proposer waives all claims with respect thereto.
3.15 MODIFICATIONS OF PROPOSALS
Proposals may only be modified in the form of a written notice on company letterhead and must
be received by the City Clerk prior to the Proposal Due Date. Each modification shall include an original
and seven copies (total of eight). The original and all copies of the modification must be submitted in a
separately marked envelope stating on the outside of the envelope the following information:
60- 30
0
0
"THIS MODIFICATION SUPERSEDES ANY PROPOSAL OR MODIFICATION PREVIOUSLY
SUBMITTED."
BY:
Name
Address
PROVISION FOR FOOD SERVICES
THE CITY OF MIAMI RIVERSIDE CENTER
444 SW 2 AVENUE
MIAMI, FLORIDA
DUE DATE: TIME:
If more than one modification is submitted, the modification bearing the latest date of receipt will
be considered the valid modification.
Any modification to the Proposal received after the time and date set for the receipt of Proposals
will not be considered unless, in the sole discretion of the City, valid extenuating circumstances are
involved.
3.16 PROPOSER IDENTIFICATION
Proposers must sign the Proposal documents in the space provided for signature. If the Proposer
is a sole proprietor, he/she shall execute the Proposal. If the Proposer is a partnership, all partners shall
execute the Proposal, unless one partner has been authorized to sign for the partnership, in which case,
evidence of such authority satisfactory to the City shall be attached to the Proposal. If the Proposer is a
corporation, the President and Secretary shall execute the Proposal. The corporate seal shall be affixed
thereto. In the event that the Proposal is executed by someone other than the President, attach a certified
copy of that section of the corporate by-laws or other authorization by the corporation that permits the
person to execute the Proposal for the corporation.
3.17 MINIMUM QUALIFICATIONS OF PROPOSER
Proposer(s), whether they be individual, corporation, partnership, or joint venture, must have a
minimum of three consecutive years of experience within the last five years in full service cafeteria or
restaurant operations, or submit proof of any current experience in the management of similar operations
in their proposal. Said experience shall, at a minimum, be as follows:
A. If the Proposer is a corporation; at minimum one of the Proposer's corporate officer(s)
who will be the day-to-day on-site manager must have at least three consecutive years of experience
within the past five years or submit proof of any current experience in the management and operation of a
full service cafeteria or restaurant. If the Proposer intends to operate the business with a day-to-day on-
site manager other than. the corporate officer, then the manager must meet the same requirements as
stated above.
B. If the Proposer is a partnership or individual, the individual himself or the partner who will
be the day-to-day on-site manager must have at least three (3) consecutive years of experience within the
past five years, or submit proof of any current experience in the management and operation of a full
service cafeteria or restaurant.
C. If the Proposer is a newly formed joint venture, for the purposes of this proposal, at least
one of the joint ventures must have the experience required in (A) above.
0- 6-5 31
At the time of submission of proposals, the Proposer must be authorized to do business in the
State of Florida, Miami, Dade County and the City of Miami. If a corporation, must be incorporated under
the laws of one of the states of the United States.
3.18 COMPETENCY OF PROPOSER
Proposers shall have no record of pending lawsuits or criminal activities and shall not have
conflicts of interest which may be of embarrassment to the City.
The City reserves the right to reject the proposal of any Proposer if the Proposer, or any member
of Proposer, is in default of any debt or contract involving the City or has failed to properly perform under
the terms and conditions of any contract with the City.
3.19 PROPOSER SITE INSPECTION
The City may make such investigation as it deems necessary to determine the ability of the
Proposer to furnish required services, including but not limited to making a site inspection of any of the
Proposer's current operations/management of a similar facility, and having access to files during
reasonable hours to inspect, monitor or otherwise evaluate the Proposer's record keeping system and
capability.
The Proposers shall be obligated to furnish to the City all information and/or data for this purpose
as the City may request.
The City reserves the right to reject any proposal if the investigation of any Proposer discloses
that the Proposer cannot properly carry out the obligations and requirements of negotiation or fails to
possess the ability to deliver the services contemplated herein.
3.20 ONE PROPOSAL
Only one Proposal from an individual, firm, partnership, corporation or joint venture will be
considered in response to this RFP. If it is found that a Proposer is interested in more than one Proposal,
all Proposals in which such Proposer is interested will be rejected.
3.21 RETURN OF MATERIAL
The City shall be under no obligation to return any materials submitted by a Proposer as a result
of this RFP, at no cost to the City.
3.22 MINORITY PROCUREMENT PROGRAM
Ordinance No. 10062, as amended, entitled Minority and Women Business Affairs and
Procurement Ordinance of the City of Miami, Florida sets forth a goal of awarding at least 51 percent of
the City's total annual dollar volume of all expenditures for all goods and services to Black, Hispanic and
Women minority business enterprises on an equal basis. A minority business enterprise is defined as a
business firm win which at least 51 percent of said enterprise is owned by Black Hispanic, or Women who
management and daily business operations are controlled by one or more Blacks, Hispanics or Women.
To achieve the goals established by theses Ordinances, participation in providing goods and
services to the City by minorities is being encouraged in a number of ways. All vendors doing business
with the City are encouraged to include the participation of minority firms in their bids. Possible ways to
include minority participation would involve:
1) Joint venture with a minority firm(s)
2) Utilizing minority firm (s) as subcontractor(s)
��� � 32
•
3) Utilizing minority firm(s) to supply goods and/or services
4) Successful implementation of well defined affirmative action program
5) Other forms of minority participation, if properly documented
Attached hereto as Exhibit D are copies of Ordinance Nos. 10062 and 10538.
3.23 RESERVATION OF RIGHTS
The City reserves the right to reject any, some or all proposals, or parts of any and all, proposals;
take exception to parts of the Proposals; request written clarification of Proposals and supporting
materials; readvertise this RFP, postpone or cancel at any time this RFP process; or waive any
irregularities in this RFP or in the proposals received as a result of this RFP. Any Proposal which is
incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of
the Proposal at the sole discretion of the City. Also, the determination of the criteria and process whereby
proposals are evaluated, the decision as to who shall receive a contract award, or whether or not an
award shall ever be made as a result of this RFP, shall be at the sole and absolute discretion of the City.
This RFP does not constitute a commitment on the part of City. The successful proposal shall in
no way be binding upon City unless and until a Concession Agreement is signed by both parties.
3.24 REVIEW OF PROPOSALS
Each proposal will be reviewed by the City to determine if the proposal is responsive to the
submission requirements outlined in the RFP. A responsive proposal is one which contains all of the
information required pursuant to Article IV entitled Proposal Organization and Content and is submitted in
accordance with all the instructions set forth in said Article IV. In the event a Proposal is deemed
nonresponsive, the Proposer submitting said Proposal will be notified by the City and the Proposal
Guarantee will be returned.
3.25 EVALUATION/SELECTION PROCESS
Responsive proposals will be evaluated by an Evaluation/Selection Committee appointed by the
City Manager comprised of appropriate City staff from multiple departments and/or representatives from
the community, as deemed necessary, with the appropriate experience and/or knowledge.
The Evaluation/Selection Committee will be provided the Proposals, and will evaluate, rate and
rank all responsive Proposer(s) as to the following "quality/product' criteria. Rating values have been
assigned to the quality criteria as follows:
Qualification and experience of Proposer(s) 20%
Management and Operational Plan 15%
Proposers suggested menu including quantity of food & pricing 15%
Product Quality 15%
Concession Fee to City 10%
Financial qualifications and Proposer Proforma statements 15%
Extent of Minority ownership/participation 10%
The Committee may interview and/or request oral presentations from the Proposers. The
Committee may establish a second evaluation and ranking of the Proposals as a result of such interviews
and/or oral presentation based upon the established criteria in this RFP.
The Committee will then report its findings as to the relative merits and submit its
recommendation in order of preference to the City Manager for his review and further consideration. The
City Manager shall select a Proposer for purposes of presenting a Concession Agreement to the City
Commission for its approval or rejection and final award of the contract.
0"1 33
6
The Office of Asset Management shall be responsible for the preparation of,contract documents
and their submission to the City Manager for .review and approval. The City Manager will submit the
contract and his recommendation to the City Commission for approval and award of the contract.
3.26 APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD
. The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board")
which is empowered to review and approve all pending City of Miami contracts. As a result, contracts
shall not be binding on the City until such time as they have been approved by the Oversight Board.
Attestation of this Agreement by the City Clerk shall constitute evidence of its approval by the Oversight
Board.
V0 U� 34
IV. PROPOSAL ORGANIZATION AND CONTENT
4.1 PROPOSAL SUBMISSION
Proposals shall contain each of the documents stated below, each fully completed, signed with
corporate seal affixed or notarized, as applicable. Proposals submitted which do not include the
prescribed documents may be deemed non-responsive and therefore not considered for contract award.
Where forms are furnished as titled below, please complete per the forms instructions and submit same.
The Proposer shall submit an original and seven copies (total of eight) of the documents, each to be
separately bound with sections appropriately tabbed and identified.
The complete proposal prepared in accordance with this Article IV, must be received by _00 PM
(EST), 1 , 2000 at the Office of the City Clerk, 3500 Pan American
Drive, Miami, Florida, 33133. A list of Proposers will be made public on that day. The proposal must be
typed or printed clearly in ink. The original and all copies of the proposal must be submitted in a
separately marked envelope stating on the outside of the envelope the following information:
PROPOSAL
BY:
Name
Address
PROVISION FOR FOOD SERVICES
THE CITY OF MIAMI RIVERSIDE CENTER
444 SW 2 AVENUE
MIAMI, FLORIDA
DUE DATE: TIME:
The Proposal Form and the Proposal Guarantee must also be submitted with the original
Proposal. Proposal documents and the Proposal Form must be signed by an officer of the Proposer who
is legally authorized to enter into a contractual relationship in the name of the Proposer and corporate
Proposer(s) must affix the organization's corporate seal to these documents. In the absence of a
corporate seal, the Proposal documents and the Proposal Form must be notarized by a Notary Public.
4.2 DECLARATION FORM
The Declaration Form attached hereto as Attachment 1 must be completed and signed by the
appropriate party.
4.3 WAIVER AND RELEASE
The Waiver and Release Form attached hereto as Attachment 2 must be completed and signed
by the appropriate party.
00- 165 35
4.4 QUESTIONNAIRE
The Questionnaire attached hereto as Attachment 3 must be completed and signed by the
appropriate party. Proposer must attach to Questionnaire the documents requested in same.
4.5 MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT (if applicable)
This form attached hereto as Attachment 4 must be completed only if one or more of the owners
in the business enterprise is at least 51% owned by a Black, Hispanic or Female.
4.6 AFFIRMATIVE ACTION POLICY FOR EQUAL EMPLOYMENT OPPORTUNITY
Proposer must submit its Affirmative Action Policy for Equal Employment Opportunity which must
be completed and signed by the appropriate party. A sample of the Affirmative Action Policy for Equal
Employment Opportunity is attached hereto as Attachment 5 for reference.
4.7 STATEMENT OF COMPLIANCE WITH ORDINANCE NO. 10032
The Statement of Compliance with Ordinance No. 10032 form attached hereto as Attachment 6
must be completed and signed by the appropriate party.
4.8 DEBARMENT AND SUSPENSION CERTIFICATE
The Debarment and Suspension Certificate form attached hereto as Attachment 7 must be
completed and signed by the appropriate party.
4.9 PROPOSAL FORM
The Proposal Form attached hereto as Attachment 8, reflecting the Concession Fee to be paid to
the City on a monthly basis, must be completed and signed, by the appropriate party.
4.10 EXPERIENCE AND MANAGEMENT STRUCTURE
a) Provide client list of all existing food service operations, if applicable. Listing shall include
name and address of client, name and telephone number of client contact, client population, extent of
service supplied, and date account was acquired. If Proposer is presently serving less than three clients,
Proposer shall provide a listing of all current clients and three previous clients including name and address
of client and name and telephone number of client contact.
b) Provide listing of all accounts, which were terminated or not renewed by your company for
whatever reason within the last two (2) years, if applicable. This listing shall include the name and
address of company, and name and telephone number of client contact and reason for termination or non-
renewal.
C) Corporate Organizational Chart
d) Proposed Onsite Organizational Chart
U� �.
36
e) Proposers shall include the resume of the corporate officer, joint venture, individual or
partner who will be responsible for the day-to-day onsite management of the Premises. The resume
should give a detailed description of the individual including position, name, education, years of
employment with Proposer, level of experience, professional training, current job functions, and past job
functions performed. If the Proposer intends to operate the business with a day-to-day onsite manager
other than the Proposer, the manager must meet these same requirements and a resume of this
individual must be provided. Proposer shall also include the resume of other key individuals to be involved
in the operation of the Premises.
4.11 EMPLOYEE TRAINING AND SUPERVISION
a) Describe the training a worker receives in providing food services to customers both at
their initial hiring and on an ongoing basis, including hours of instruction and subject matter.
b) Describe the training a supervisor receives in managing food service operations both at
their initial hiring and on an ongoing basis, including hours of instruction and subject matter.
4.12 BASIC FOOD SERVICE OPERATIONS
4.12.1 Cafeteria Operations
a) Describe operations including theme, special promotions, marketing, special
services and other features.
b) Provide a sample menu proposed for breakfast and lunch service. Indicate those
items offered'every day and those which change according to cycle. Indicate items that are healthful food
choices. Provide nutritional value information on your menus.
C) Provide a sample carryout menu.
d) Submit proposed prices and portion sizes for sample menus.
e) Submit staffing schedules.
f.) Describe how Proposer will provide back-up staffing.
g) Provide listing of equipment Proposer presently has available and that equipment
which Proposer intends to lease and/or purchase for use in the Cafeteria.
h) Provide date in which Proposer can commence operation of the cafeteria.
4.12.2 Vending Machines
a) List brand names of food to be offered for sale
b) Describe plans to vary selection of food items and restocking.
c) Provide price list of items to be offered.
d) Described how Proposer will address the quality and freshness of vending products.
e) Provide information on vending supply sources for the food and beverages to be offered,
including length of relationship with suppliers.
f) Provide the number and types of machines to be offered on each floor.
g) Describe how Proposer plans to provide vending machines (lease/or purchase) and who
will be responsible for maintaining the machines. If a third party will be responsible for
maintaining the equipment, provide three references of companies utilizing their services
for purposes of verifying quality services.
010 37,
4.12.3 Catering Services (optional)
a) Describe catering experience including types of events catered, complexity services
provided, number of individuals served
b) Provide sample menus for catering services including a sample of a limited menu that
could be offered on short notice (one or two days prior to event) to small groups (less
than 10)
c) Sample menus shall include price and portion size on a per person basis.
d) Provide listing of equipment and vehicles Proposer presently has available for
performing catering services and that equipment which Proposer would lease and/or
purchase if awarded the Concession Agreement.
4.13 SANITATION AND SAFETY
a) Describe sanitation and safety practices. Outline sanitation and safety inspection
procedures including checklist and frequency of items to be checked.
b) Describe initial and ongoing training provided to employees concerning use of these
practices.
4.14 ENVIRONMENTAL
a) Describe practices for handling environmental issues including initial and ongoing
employee training, storage of hazardous materials, chemical usage and use of protective equipment.
4.15 FOOD QUALITY
a) Describe how you maintain the quality of food for all food service operations.
b) Indicate the extent to which Proposer will purchase ready -prepared foods as opposed to
on -premise preparation of raw food products and the purchasing standard of quality it will specify for raw
food products ,
C) Specify the USDA grade of fresh meats, use of fresh and frozen hamburger patties,
standard for tuna used, use of fresh, frozen and canned vegetables, use of fresh or canned fruit, use of
preservatives, content of salad dressings, use of flavor enhancers and other food additives and the extent
to which home baking will be used for Danish, pies, cakes, rolls, sandwich buns, etc.
d) Provide the source(s) of food supply and the length of supplier(s) relationship.
e) Identify Proposer's menu planner and qualifications of menu planner
4.16 ACCOUNTING
a) Describe cash handling procedures, inventory control, wage controls. Submit sample -
operating statement.
b) Submit Financial Statement and/or Income Tax Returns for the last three. (3) years
C) Submit proforma statement for cafeteria and vending operations collectively.
00- 165 38
4.17 CHANGES/ALTERATIONS TO PREMISES
If. Proposer, at Proposer(s) sole cost and expense, desires to change or alter the Premises from
their present "as is" condition, Proposer must attach sketches, specifications and brief narrative as to why
the change or alteration should be considered in this Proposal.
4.18 PROPOSAL GUARANTEE
Each Proposal shall be accompanied by a Proposal Guarantee (a certified, cashier's or
treasurer's check, or a bank draft of any State or National Bank), payable to the City of Miami, in the
amount of two thousand dollars ($2,000), as a guarantee that the successful Proposer will execute the
Concession Agreement with the City.
•
ATTACHMENT 1
DECLARATION
TO: Donald H. Warshaw, City Manager
City of Miami
•
Submitted on this day of 2000
The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual
gender and number) declares that the persons interested in this Proposal are named herein, that no other
person has any interest in this Proposal or in the Concession Agreement to which this Proposal pertains,
that this Proposal is made without connection or arrangement with any other person and that this Proposal
is in every respect fair, in good faith, without collusion or. fraud.
The undersigned further declares that he has complied in every respect with the Proposal
Organization and Content included in this Request for Proposals, that he has read all addenda, if any, and
that he has satisfied himself fully with regard to all matters and conditions with respect to the Concession
Agreement to which the Proposal pertains.
The undersigned herein acknowledges that this Proposal constitutes a firm offer and he will
negotiate in good faith with the City in the event that the undersigned is the selected Proposer. The
undersigned further acknowledges that in the event the undersigned withdraws this Proposal after the
Proposal Due Date but within one hundred and twenty days of said date, or, if Proposer is awarded a
contract and the undersigned fails to execute the Concession Agreement within fifteen (15) days from the
date of City Commission award, the Proposal Guarantee shall be kept by the City as liquidated damages
and not as a penalty.
The undersigned understands that the Proposal Guarantee shall be kept by the City until a
determination is made as to whether this Proposal is non-responsive or until an award is made by the City
Commission to someone other than the undersigned. In the event the undersigned is selected and
awarded a contract by the City Commission, the Proposal Guarantee shall be kept by the City and applied
against the Security Deposit required pursuant to the Concession Agreement.
The undersigned acknowledges that all costs related to the preparation and submission of the
Proposal are the sole cost of Proposer and the undersigned understands and acknowledges that he will
not be entitled to a refund or reimbursement of any costs incurred.
The undersigned declares he has no record of pending lawsuits or criminal activities and has no
conflicts of interest, which may be of embarrassment to the City. The undersigned acknowledges that he
is not in arrears or in default upon any debt or contract involving the City, a defaulter or surety otherwise,
upon any obligation to the City, or has failed to perform faithfully any previous contract with the City.
The Proposer states that the Proposal is based on the Request for Proposals issued by the City,
dated , 2000 for the provision of food services in the City of Miami Riverside' Center,
444 SW 2 Avenue, Miami, Florida.
60- Q
.N
(INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE)
By:
Print Name & Title
STATE OF FLORIDA)
) SS
COUNTY OF )
The foregoing instrument was. ' acknowledged before me this day of
, 2000 by (name of person acknowledging), who is
personally known to me or who has produced (type of identification) as
identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
(CORPORATION)
By:
Print Name & Title
ATTEST:
By:
Print Name & Title
STATE OF FLORIDA)
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000 by (name of officer or agent, title of officer or
agent), of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of corporation.
He/she is personally known to me or who has produced (type of
identification) as identification and who did (did not) take an.oath
Signature of Notary Public
Print Name
Commission No.
'_ 41
ATTACHMENT 2
WAIVER AND RELEASE
The undersigned Proposer understands that the City of Miami is relying on the information contained
within this Proposal. The Proposer warrants that the information contained herein is accurate and that the
Proposer has made all investigations adequate to satisfy Proposer about all matters related to its
proposal.
The undersigned Proposer grants the City the right to make any investigations regarding the Proposer, its
officers, directors, partners, majority stockholders and managers, related companies, credit background,
criminal background and any other areas as the City may decide. The undersigned Proposer waives
confidentiality, release and holds harmless the City from any liability arising out of such investigation and
waives any claims against the City in any action relating to such investigations.
PROPOSER:
(INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE)
Date:
By:
Name:
STATE OF FLORIDA)
) SS
COUNTY OF )
The foregoing instrument was
, 2000 by
personally known to me or who has produced
identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
Signature
acknowledged before me this day of
(name of person acknowledging), who is
(type of identification) as
P� 42
(CORPORATION)
Date:
By:
Name:
Title:
ATTEST:
By: _
Name:
Title:
STATE OF FLORIDA)
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000 by (name of officer or agent, title of officer or
agent), of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of corporation.
He/she is personally known to me or who has produced (type of
identification) as identification and who did (did not) take an oath
Signature of Notary Public
Print Name
Commission No.
61 1 (31 5 43
1
2
ATTACHMENT 3
QUESTIONNAIRE
Name of Proposer
Check One:
Individual ( )
Corporation ( )
Partnership ( )
Joint Venture ( )
If corporation, is Proposer a subsidiary? Yes () No ( )
If yes, name and address of parent corporation:
3. Principal Office Address:
Telephone:
4. Official contact or representative of Proposer for purposes of this Proposal:
Name & Title:
Address:
Telephone:
5. Proposer(s) must indicate the physical location of owners and management members above site
level:
6. If Proposer is a corporation, please complete the following:
Date Incorporated:
In What State:
If foreign, date of registration with Florida Secretary of State:
Name and address of Florida registered Office/Agent:
Go -00 44
7. Names of all officers of corporation
President Treasurer
Vice Pres. Secretary
8. Provide the full name and address of each stockholder who holds directly or indirectly five percent
(5%) or more of the corporation's stock.
(ATTACH COPY OF (1) CORPORATE CHARTER, (2) CURRENT CERTIFICATE OF CORPORATE
GOOD STANDING (3) PROOF OF REGISTRATION WITH FLORIDA SECRETARY OF STATE (4)
CERTIFICATE EVIDENCING COMPLIANCE WITH THE FLORIDA FICTITIOUS NAME STATUTES, IF
APPLICABLE AND (5) A COMPLETE LIST OF OFFICERS AND DIRECTORS)
The Proposer, if a corporation, must be authorized to do business in the State of Florida; and
must be incorporated under the laws of one of the states of the United States.
9. If Proposer is a Partnership, complete the following:
Date of Organization:
Name and business address of each partner of the Partnership:
10. Bank References:
Bank .Address
11. If Proposer is a joint venture, complete the following:
The Joint Venture Proposer,
following entities:
(a) A -
(corporate name)
President
Vice Pres
Secretary
Treasurer
Authorized to do business in the State of Florida
13
(corporate name)
corporation
A corporation
consists of the
"- JL6V- 45
President
Vice Pres
Secretary
Treasurer
Authorized to do business in the State of Florida
(c)
(name)
(name)
(sole proprietor or partner) (sole proprietor or partner)
The Manager or the general partner of the joint venture, or other appropriate person legally
authorized to bind the joint venture is:
who is the of
(name) (title)
(name of entity)
(CORPORATE MEMBERS OF THE JOINT VENTURE MUST ATTACH (1) CORPORATE CHARTER, (2)
CURRENT CERTIFICATE OF CORPORATE GOOD STANDING, (3) PROOF OF REGISTRATION WITH
FLORIDA SECRETARY OF STATE AND (4) COMPLETE LIST OF OFFICERS AND DIRECTORS.
ATTACH COPY OF JOINT VENTURE AGREEMENT AND CERTIFICATE EVIDENCING COMPLIANCE
WITH THE FLORIDA FICTITIOUS NAME STATUTE, IF APPLICABLE)
PROPOSER:
(INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE)
By:
Print Name & Title
reaerai tmpioyer wencirication (rtiu) or
Owner's Social Security No.
if FEID is unavailable
STATE OF FLORIDA)
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000 by (name of person acknowledging), who is
personally known to me or who has produced (type of identification) as
identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
(CORPORATION)
By:
'�. 46
Print_ Name & Title
reaerai Lmpioyer iaentitication (vtziu) or
Owner's Social Security No.
if FEID is unavailable
ATTEST:
By:
Print Name & Title
Date
STATE OF FLORIDA)
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000 by (name of officer or agent, title of officer or
agent), of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of corporation.
He/she is personally known to me or who has produced (type of
identification) as identification and who did (did not) take an oath
Signature of Notary Public
Print Name
Commission No.
'"` 47
ATTACHMENT 4
MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT
Please Check One Box Only [ ] Hispanic [ ] Female [ ] Black [ ] Not Applicable
If business is not 51 % minority/female owned , affidavit does not apply. If not applicable, notarization is
not required.
I (We), the undersigned agree to the following conditions:
1) that we have read Section 3.22 of the General Information and meet the fifty-one percent (51%)
ownership and management requirement for minority/women registration status and will abide by all of the
policies and regulations governing the City of Miami Minority and Women Business Enterprise
Procedures;
2) that if at any time information submittedby the undersigned applicant in his/her Response/application
should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of
Miami's Master vendor's list with no further consideration given to this applicant;
3) that the City of Miami maintains the right, through award of RFP/Contract, to revoke the award, should
it be found that false, inaccurate or misleading information or a change in the original information have
occurred;
4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control,
management or status as an ongoing minority/women business concern as indicated on the Response or
application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with
the City null and void and cease to include that firm in its registered list of minority and women -owned
businesses;
5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her
Response/application to monitor the status of the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may share a firm's registration information concerning its minority/women status
and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their
procurement opportunities, unless otherwise specified by the firm in writing.
I (We) certify under the penalties of perjury that the information contained in any and all application
documents submitted to the City of Miami is correct as per Ordinance No. 10062 as amended.
Firm Name:
(If signing as a corporate officer, kindly affix corporate seal)
(Name, Title & Date)
(Name, Title & Date)
Minority/Women Business Affairs Registration Affidavit (page 2)
This application must be signed by at least one general partner of a partnership or the proprietor of a sole
proprietorship or all partners of a joint venture.
ATTEST:
By:
Print Name & Title
Date
STATE OF FLORIDA)
) SS
COUNTY OF ) .
The foregoing instrument was acknowledged before me this day of
2000 by (name of officer or agent, title of officer or
agent), of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of corporation.
He/she is personally known to me or who has produced (type of
identification) as identification and who did (did not) take an oath
Signature of Notary Public
Print Name
Commission No.
�' 49
ATTACHMENT
SAMPLE OF AFFIRMATIVE ACTION POLICY FOR
EQUAL EMPLOYMENT OPPORTUNITY
AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY
- POLICY STATEMENT
It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and
competency and that its personnel practices will not be influenced by.an applicant's or employee's race,
color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status.
One of the management duties of all principals at (Company Name) is to ensure that the following
personnel practices are being satisfied:
Take every necessary affirmative action to attract and retain qualified employees, regardless of
race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped
status.
2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of
employees.
3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to
all employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital
status, veteran and handicapped status.
(Company Name) is committed to take affirmative action and aggressively pursue activities that will serve
to enable all employees and applicants opportunities available throughout this organization.
Clearly, the above actions cannot be accomplished as a secondary duty for any individual, despite the full
support of management. And so, to monitor our efforts, (Company Name) has assigned one of its
principals as the Affirmative Action Director to monitor all activities of this program.
Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative
Action Policy.
DATE:
NAME OF FIRM:
(SIGNATURE/TITLE
00" 50
ATTACHMENT 6
STATEMENT OF INTENT TO COMPLY WITH ORDINANCE NO. 40032
Proposer certifies that (s)he has read and understood the provisions of City of Miami Ordinance No.
10032, pertaining to the implementation of a "First Source Hiring Agreement".
Proposer will complete and submit the following questions as part of the RFP. Evaluation of Proposer's
responsiveness to Ordinance No. 10032 may be a consideration in the award of a contract.
Violations of this Ordinance may be considered cause for annulment of a contract between the successful
Proposer and the City of Miami.
A. Do you expect to create new positions in your company in the event your company was awarded this
contract by the City?
Yes No
B. In the event your answer to Question "A" is yes, how many new positions would you create to perform
this work?
C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or
duration of all new positions which might be created as a result of this award of contract.
1'
2J
3)
4)
5)
6)
(Use additional sheets if necessary)
COMPANY NAME:
SIGNATURE/TITLE:
DATE:
51
0' 0
ATTACHMENT 7
DEBARMENT AND SUSPENSION CITY OF MIAMI CODE SEC. 18-56.4
(a) Authority and requirement to debar and suspend:
After reasonable notice to an actual or prospective contractual party, and after reasonable
opportunity to such party to be heard, the City Manager, after consultation with the Director of
Purchasing and the City Attorney, shall have the authority to debar a contractual party for the
causes listed below from consideration for award of city contracts. The debarmentshall be for a
period of not fewer than three (3) years. The City Manager shall also have the authority to suspend
a Consultant from consideration for award of city contracts if there is probable cause for debarment.
Pending the debarment determination, the authority to debar and suspend Consultants shall be
exercised in accordance with regulations which shall be issued by the Director of Purchasing after
approval by the City Manager, the City Attorney, and the City Commission.
(b) Causes for debarment or suspension include the following:
Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private contract or subcontract, or incident to the performance of such contract or
subcontract;
2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of
business integrity or business honesty;
3. Conviction under state or federal antitrust statutes arising out of the submission of bids or
proposals;
4. Violation of contract provisions, which is regarded by the Director of Purchasing to be
indicative of non responsibility. Such violation may include failure without good cause to
perform in accordance with the terms and conditions of a contract or to perform within the
time limits provided in a contract, provided that failure to perform caused by acts beyond the
control of a party shall not be considered a basis for debarment or suspension;
5. Debarment or.suspension of the contractual party by any federal, state or other governmental
entity;
6. False certification pursuant to paragraph (c) below; or
Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the contractual party performing city contracts.
(c) Certification:
All contracts for goods and services, sales, and leases by the City shall contain a certification that
neither the contractual party nor any of its principal owners or personnel have been convicted of any
of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5).
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations set forth above, or debarred or suspended as
set forth in paragraph (b) (5).
Company name:
I. -
52
2
Signature-.
Date:
Ll
00- 165 53
E,
ATTACHMENT 8
PROPOSALFORM
TO: Donald H. Warshaw, City Manager
City of Miami
L.
Proposer, , hereby offers to enter into a one year
Concession Agreement with the City of Miami for the provision of Food Services for the City of Miami
Riverside Center, 444 SW 2 Avenue, Miami, Florida 33130, per the foregoing specifications. The
undersigned agrees to pay the City:
FOR CAFETERIA SERVICES
A MINIMUM MONTHLY CONCESSION FEE OF:
dollars (in words)
(in figures)
AND/OR (CIRCLE ONE)
A PE=RCENTAGE PAYMENT OF:
percent (in words) of Gross Revenues
FOR VENDING MACHINE SERVICES
A MINIMUM MONTHLY CONCESSION FEE OF:
(in figures)
dollars (in words)
(in figures)
AND/OR (CIRCLE ONE)
A PERCENTAGE PAYMENT OF:
percent (in words) of Gross Revenues
(in figures)
010` 165. 54
•
FOR CATERING (IF PROVIDED)
A MINIMUM MONTHLY CONCESSION FEE OF:
Ll
dollars (in words)
(in figures)
AND/OR (CIRCLE ONE)
A PERCENTAGE PAYMENT OF:
percent (in words) of Gross Revenues
(in figures)
LIST OF SUBCONTRACTED SERVICES, IF ANY
TYPE OF SERVICE SUBCONTRACTED:
NAME OF SUBCONTRACTOR:
MONTHLY CONCESSION FEE TO BE PAID TO CITY BY CONCESSIONAIRE FOR
SUBCONTRACTED SERVICE:
(in words)
in figures)
55
PROPOSER:
(INDIVIDUAL, PARTNERSHIP OR JOINT VENTURE)
By:
Print Name & Title
STATE OF FLORIDA )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000 by (name of person acknowledging), who is
personally known to me or who has produced (type of identification) as
identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
56
(CORPORATION)
By:
Print Name & Title
ATTEST:
By:
Print Name & Title
Date
STATE OF FLORIDA )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2000 by (name of officer or agent, title of officer or
agent), of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of corporation.
He/she is personally known to me or who has produced (type of
identification) as identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
'- 57
TO
FROM
Honorable ayor and Members
Of the C' Commission
101�sr;s?"
City Manager
RECOMMENDATION:
CITY OF MIAMI, FLORIDA CA=5
INTER -OFFICE MEMORANDUM
r it
DATE: FILE :
Authorizing the Issuance of
SUBJECT: Request for Proposals for
City of Miami Riverside Center
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached resolution,
authorizing the City Manager to issue a Request for Proposals (RFP), in a form acceptable to the
City Attorney, to provide food and beverage services to the City -owned property located at 444
SW 2°d Avenue, Miami. Florida, commonly known as the Miami Riverside Center ("MRC").
BACKGROUND:
At the time the City moved into the MRC, the City conducted a competitive process for the
provision of food and beverage services at the MRC. On February 29, 1996, the City
Commission authorized the City Manager to enter into a Concession Agreement with The City's
Cafe (the "Concessionaire") for these services for an initial term of one year which term has been
extended through September 12, 1999. Concessionaire is currently occupying the premises as a
holdover tenant. on a month -to month basis.
In order to continue providing food and beverage services at the MRC, it is now necessary to
solicit proposals from individuals, corporations or other legal associations having requisite
qualifications and experience in the restaurant field.
Highlights of the RFP are as follows:
1) Qualifications of Proposers — The Proposer must have a minimum of three (3)
consecutive years of experience within the last five (5) years in cafeteria or restaurant
operations
2) Term of Concession Agreement - The Concession Agreement to be entered into will
provide for an initial term of one year. The Concession Agreement may be renewed for
four additional one-year periods subject to the mutual consent of the parties.
Honorable Mayor and Members
Of the City Commission
Page 2
3) Proposal Guarantee — Each Proposer shall be required to submit with their proposal a
guarantee in the amount of $2,000. Following'the selection of a Proposer by the City
Commission, the Proposal Guarantee will be reurned except the Proposal Guarantee .of
the selected Proposer. :The. Proposal Guarantee of the selected Proposer will be applied
to the Security Deposit.
4) Evaluation and Selection Process — The proposals will be evaluated by a selection
committee established by the City Manager. Listed below are the criteria by which the
proposals will be evaluated and the rating value of each criteria:
Qualification and experience of Proposer(s) 20%
Management and Operational Plan 15%
Proposers suggested menu including quantity of food & pricing 15°l0
Product Quality 15%
Concession Fee to City 10%
Financial qualifications and Proposer Proforma statements 15%
Extent of Minority ,ownership/participation 10%'
L
DHW/JFL/LB:eb:Cover memo Reso. RFP
�- 16b