HomeMy WebLinkAboutR-00-1068J-00-1065
12/14/00
RESOLUTION NO. 0 U ! 10 6 8
A RESOLUTION OF THE MIAMI CITY.°COMMISSION
ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE
EVALUATION COMMITTEE, PURSUANT TO REQUEST
FOR PROPOSALS NO. 99-00-122; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A
CONCESSION AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH KARLEN FOODS,
INC., D/B/A TROPICS CATERING, THE TOP RANKED
BUSINESS, FOR THE MANAGEMENT AND OPERATION
OF A FOOD AND BEVERAGE CONCESSION AT THE
MIAMI RIVERSIDE CENTER, LOCATED AT
444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR
A TERM OF ONE YEAR, WITH THE OPTION TO RENEW
FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS;
FURTHER PROVIDING THAT THE HEREIN SELECTION
OF KARLEN FOODS, INC., D/B/A/ TROPICS
CATERING AS THE SUCCESSFUL PROPOSER DOES NOT
CONFER ANY CONTRACTUAL RIGHTS UPON SAID
PROPOSER UNLESS AND UNTIL THE PROPOSED
CONCESSION AGREEMENT HAS BEEN EXECUTED.
WHEREAS, Resolution No. 00-165, adopted February 17, 2000,
authorized the City Manager to issue a Request for Proposals
("RFP") for the purpose of soliciting proposals from qualified
individuals, corporations, or other legal associations
interested in managing and operating a food and beverage
CITY COMMISSION
NEETING OF,
DEC 1 4 2000
aesdlwiou o.
concession at the Miami Riverside Center ("MRC"), located at
444 Southwest 2"d Avenue, Miami, Florida; and
WHEREAS, Request for Proposals No. 99-00-122 was mailed to
forty-six (46) potential proposers on July 21, 2000; and
WHEREAS, the City Manager appointed an Evaluation Committee
to review and evaluate proposals received in response to the
RFP; and
WHEREAS, the three (3) responsive proposals received on
August 23, 2000 were evaluated and ranked as follows: (1)
Karlen Foods, Inc. d/b/a Tropics Catering; (2) Your Chef; and
(3) Bacchus Fine Foods Ltd., Inc.; and
WHEREAS, the Evaluation Committee recommended the City
negotiate and execute a Concession Agreement with the top ranked
business, Karlen Foods, Inc. d/b/a Tropics Catering ("Karlen");
and
WHEREAS, in the event the City is unable to consummate an
agreement with Karlen, that the Evaluation Committee be
reconvened for the purpose of evaluating whether to proceed with
the remaining two proposals or reject each or issue a new RFP;
and
WHEREAS, the vendor may provide catering services for
non -City functions and sub -out the vending concession;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
oo-IOf8
0 0
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The recommendation of the City Manager to
approve the findings of the Evaluation Committee pursuant to
Request for Proposals No. 99-00-122 for the management and
operation of a food and beverage concession at the Miami
Riverside Center located at 444 Southwest 2nd Avenue, Miami,
Florida, is hereby accepted.
Section 3. The City Manager is authorized" to negotiate
and execute a Concession Agreement, in a form acceptable. to the
City Attorney, with the top ranked business, Karlen Foods, Inc.
d/b/a Tropics Catering, for said purpose, for a term of one
year, with the option to renew for four (4) additional one-year
periods.
Section 4. The herein authorization to negotiate with
Karlen Foods, Inc., d/b/a Tropics Catering, as the successful
proposer by the Evaluation Committee does not confer any
contractual rights upon said proposer unless and until a
concession agreement is executed.
ii 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.
Page 3 of 4 ® 0 m 1 ®6 8
Section 5. Ka1en* Foods, may enter provide catering
services for non -City functions and may sub -out the vending
concession.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 14th day of December 2000.
JOE,CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of commission action
regarding same, without the Mayor exercising a vote.
v
ATTEST: Y99 1
Waller J. Fdemam'fC' y Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TQRM ANiORRECTNESS:
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W489 LB:BSS:kdw
2i 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 4 of 4 00-1068
CITY OF MIAMI, FLORIDA CA=20
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members NOV 2 9 2000
To : of the CityCommission DATE: FILE
Approving findings of the
SUBJECT: Evaluation Committee for
RFP # 99-00-122
os e z
FROMI-" C1 Mana er REFERENCES:
tY g City Commission Agenda
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission approve the City Manager's recommendation
to accept the findings of the evaluation committee in recommending the firm of Karlen Foods, d/b/a
Tropics Catering for the provision of food and beverage services at the Miami Riverside Center. This
resolution further authorizes the City Manager to execute a concession agreement, in substantially the
attached form, with Karlen Foods, with an initial term of one year with the option to renew for four
additional one-year periods; providing for a monthly fee in the amount of 5 % of gross revenues from
Cafeteria services, 5 % of gross revenues from Vending Machines, 5 % of gross revenues from Catering
services and with terms and conditions as more particularly set forth in said agreement.
BACKGROUND
On February 17, 2000, the City Commission adopted Resolution 00-165, authorizing the City Manager
to issue a Request for Proposals for the purpose of soliciting proposals from qualified individuals,
corporations, or other legal associations interested in operating a cafeteria, for a term of one year , with
four (4) renewal options of one year each, at the City owned property located at 444 SW 2 Avenue,
Miami, Florida. The RFP was issued on July 25, 2000 containing specific evaluation criteria to be
used by the Evaluation Committee.
The City Manager appointed the following members to the Evaluation Committee to evaluate proposals
received in response to the RFP: 1) Steven Perricone, Perricone's Marketplace; 2) Esteban Garcia,
Garcia Brothers Seafood; 3) Brenda Rivers, Carrie Concessions; 4) Mike Mejia, MRC Facility
Manager and 5) Peter Kendrick, Asset Management Lease Manager.
Three (3) responsive and responsible proposals were received by the City on August 23, 2000. The
proposers were as follows: (1) Bacchus Fine Foods Ltd., Inc., (2) Karlen Foods, Inc. d/b/a Tropics
Catering, and (3) Your Chef.
Following an evaluation of proposals based on the criteria established within the RFP, and oral
presentations by all three (3) firms, the Evaluation Committee ranked the proposals as follows:
# 1 Karlen Foods, Inc. d/b/a Tropics Catering
#2 Your Chef
#3 Bacchus Fine Foods, Ltd., Inc.
MMEW:
Honorable Mayor and Member
of the City Commission
Page 2
The Evaluation Committee recommended the City negotiate and execute a Concession Agreement with
the top ranked firm, Karlen Foods, Inc. d/b/a Tropics Catering. In the event the City is unable to
consummate an agreement with Karlen Foods, they would request that the evaluation committee be
reconvened for the purpose of evaluating whether to proceed with remaining two proposals or to reject
the proposals and rebid.
Highlights of the Concession Agreement are as follows:
Purpose: To provide for the management and operation of the food service concession at
the Miami Riverside Center.
Tenn: One (1) year
Options: Four (4) additional one (1) year periods.
Monthly Fee: 5 % of gross revenues from cafeteria services, 5 % of gross revenues
from vending machines and 5 % of gross revenues from catering
Late Fee: 10% of the amount due.
Maintenance: Concessionaire responsible
Inventory Replacement:.Concessionaire shall replace or repair, at its sole cost and expense, any fixture or
furnishing provided by the City damaged or destroyed due to acts, omissions or
negligence of Concessionaire or its agents or employees.
Insurance: Concessionaire at its sole cost and expense, shall obtain and maintain in
full force and effect at all times throughout the period of the Concession
Agreement: Commercial General Liability with limits not less than $1,000,000
combined single limit for bodily injury and property damage. The City shall be
named as additional insured. All Risk property insurance against loss or
damage by fire, windstorm and flood insuring 100 % of the replacement cost of
all improvements, equipment, fixtures, inventory and supplies or other property
of Concessionaire. Automobile liability with limits not less than $500,000 for
bodily injury and property damage. Workers Compensation as required by the
State Law.
CAG/DB/LB7eb:Cover Memo -Finding Evaluation Committee
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0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
Carlos A. Gimenez
City Manager
FROM: L �a . erry, ' ecctor
Office of As agement
DATE : November 16, 2000 FILE :
SUBJECT
Approving findings of the
Evaluation Committee for
REFERENCES: RFP # 99-00-122
ENCLOSURES:
This memorandum serves to request your approval of the Evaluation Committee's
recommendation with regards to Request For Proposal (RFP) 999-00-122: Food and
Beverage Services at the Miami Riverside. Center (MRC).
The Evaluation Committee conducted two meetings, November 7, 2000 and November
14, 2000, for the review of the three proposals received on August 23, 2000. The
proposals were evaluated based on specific criteria, in the RFP, and on oral presentations
made by the proposers. The results of the Committee's findings are as follows, listed in
rank order based on total points received.
1. Karlen Foods, Inc. d.b.a. Tropics
2. Your Chef, Inc.
3. Bacchus Fine Foods Ltd, Inc.
The Evaluation Committee recommended that the City negotiate and execute a contract
with the highest ranked firm, Karlen Foods, Inc. d.b.a. Tropics. In the event the City
cannot consummate a contract with Karlen Foods, the Committee recommended it
reconvene to determine whether to negotiate with remaining firms or to issue a new RFP
for these services.
It is hereby requested that you approve the recommendation of the Evaluation Committee
and allow us to proceed in finalizing a concession agreement with Karlen Foods for
presentation to the City Commission for its approval.
Approved:
. City Manager
NOV 2 9 2WO
Date:
DB:LB:eb:Eval. Committee findings RFP-99-00-122
0, 0 - 1011
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Carlos A.. Gimenez
City Manager
Peter Kendrick
FROM:
Chairperson Evaluation Committee
DATE : November' 15, 2000 FILE:
SUBJECT:
RFP # 99-00-122
Food and Beverage Services
REFERENCEsMiami Riverside Center
ENCLOSURES:
As the Chairperson for the Evaluation Committee for Request For Proposal (RFP) #99-00-122: Food and
Beverage Services at the Miami Riverside Center (MRC), I am writing you this memo with the results of
these meetings. On November 7, 2000, and November 14, 2000, the Evaluation Committee met and
reviewed the three (3) proposals that were received and deemed responsive. The proposals were
evaluated based on specific criteria in eight (8) categories as reflected in the RFP, and based on their oral
presentations. The results of the Committee's findings are as follows, in rank order based on total points
received.
1. Karlen Foods, Inc. d.b.a. Tropics Catering
2. Your Chef, Inc.
3. Bacchus Fine Foods Ltd, Inc.
It is the recommendation of the Evaluation Committee that the City Manager approve our
recommendation to negotiate and execute a contract with the highest ranked firm, Karlen Foods, Inc.
d.b.a. Tropics Catering. If negotiations with the first ranked firm do not succeed, the Committee
recommended it reconvene to determine whether to select another firm in rankorder, or issue a new RFP
for these services.
On behalf of the Committee, it is requested you accept the findings and recommendations of the
Evaluation Committee.
Thank you for your attention to this matter. Should you have any questions regarding the findings of the
Evaluation Committee, please feel free to contact Ms. Pamela Burns or Department of Purchasing, me at
(305) 416-1471, at (305) 416-1905.
C: Evaluation Committee RFP Recommendation .doc
00-io6s
REVIEW COMMITTEE SUMMARY FOR THE RFP FOR
FOOD AND BEVERAGE SERVICES AT THE MRC
RFP - 99-00-122
RANKING SUMMARY
COMMITTEE MEMBERS
BACCHUS
YOUR CHEF
TROPICS
Steven Perricone
76
78
89
Esteban Garcia
83
74
84
Brenda Rivers
55
74
86
Mike Mejia
52
52
79
Peter Kendrick
52
61
74
TOTAL
Total 318 / Average: 63.6
Total 339 / Average: 67.8
Total 412 / Average: 82.4
FINAL RANK I # 3 # 2 ## 1
Approved . n
udy . c cto
Date:
Approved by:
Direr / esginee
Date:
•
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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, (the "City")
and Karlen Foods, Inc. d/b/a Tropic's (the "Concessionaire") an organization
incorporated under the Laws of the State of Florida.
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.
2. "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.
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5. "Commencement Date" shall mean the date that Concessionaire takes possession
of the Cafeteria.
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
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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 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.
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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. 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)
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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
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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
name, phone number, pager number and cellular phone number of a management
individual that will be available at any time to call in the case of emergencies. This
individual 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. I 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.
00-1068
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 emergency, or for repairs, alterations
or improvements in thejudgment 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.'
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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
Concessionaire's 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 immediately return all identification media to
Contract Administrator upon the expiration or earlier termination of this Concession
Agreement.
Concessionaire's employees maybe 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, with the expressed on implied
consent of the City 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 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.
In the event that Concessionaire fails to peacefully surrender the Premises at the
expiration of the 30-day notice period required above for cancellation of this Agreement,
then the City shall, in addition to all other remedies, be entitled to collect from
Concessionaire, and Concessionaire shall pay to the City a fifty percent (50%) increase to
the Concession Fee ("Increased Fee") then in effect. Acceptance of the Increased Fee by
City shall, in no event, constitute a waiver of the City's rights under this Agreement and
shall not prevent the City from pursuing all other remedies to which is entitled including
but not limited to the right to seek injunctive relief to eject Concessionaire from the
Premises. Concessionaire shall also reimburse the City for and indemnify the City
against all damages incurred by the City from any delay by Concessionaire in vacating
the Premises.
ARTICLE V
PAYMENTS
5.1 CONCESSION FEE. Concessionaire agrees to pay City, in the manner
and upon the conditions hereinafter provided, Percentage Rent ( the "Percentage Rent")
during each Concession Agreement Year including any extension hereof, an amount
equal to the following: five percent (5%) of Cafeteria services Gross Revenues per
month; five percent (5%) of Vending Machine Gross Revenues per month; and five
percent (5%) of Catering Gross Revenues per month. Within ten (10) days after the end
of each calendar month, Concessionaire shall deliver to City a written report of Cafeteria,
Vending Machine and Catering Gross Revenues during the preceding calendar month, on
forms approved by City. This report shall be signed by Concessionaire certifying to the
accuracy of such Gross Revenues. Within same ten day period, Concessionaire shall also
pay to City the Percentage Rent due, for the preceding calendar month based upon the
Gross Revenues of each of the services for the preceding calendar month.
Gross Revenues, as defined herein, shall mean the entire amount of the revenues
and/or percentages of revenues collected or accrued, from the sale of all food and
beverages, conducted on the Premises, including sales made or performed by means of
mechanical or other vending devices on the Premises, 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.
5.1.1 ADJUSTMENT TO CONCESSION FESS AS A RESULT OF A
SUBCONTRACT.
(To be filled in)
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
$00.01 - 50.00
$50.01 - 300.00
$300.01 - 800.00
OVER $800
Returned Check Fee
$20.00
$30.00
$40.00
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%) per annum 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 one 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;
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 (190) 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 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
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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 or 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.)
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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 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 parry, 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 necessitated 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.
(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 an amount 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. Commencing within sixty (60) days after the end of each Calendar
Year, as hereinafter defined, the Provider shall deliver or cause to be delivered to the City
of Miami, Office of Asset Management, 444 S.W. 2nd Avenue, 3Td Floor, Miami, FL
33130, a financial statement for the Concession Agreement Year, prepared and certified
by an independent Certified Public Accountant employed at the Concessionaire's sole
cost and expense. The Calendar Year shall mean each twelve-month interval
commencing on January 1 and expiring December 31. In the event the Effective Date
falls between July 1" and December 31 St, the Concessionaire shall not be required to file a
certified financial statement for its first calendar year of operation at the Premises until
the end of the following Calendar Year. Said C.P.A. shall certify that he made a complete
examination of the books, state sales tax returns, and federal income tax returns of the
Concessionaire and that the financial statement is prepared in accordance with generally
accepted accounting principles and practices and represents the Gross Revenues, or other
revenues, if any, and expenses of the Concessionaire for the period indicated therein.
Notwithstanding the above, and during the sixty (60) month period described in
Section 11.1 of this Agreement entitled "Records of Sales", at its option, the City may
cause, at its sole cost and expense, a complete audit to be made of the Concessionaire's
business affairs, records, files, sales slips and sales tax records in connection with the
Concessionaire's sales on, from or related to the Premises for the period covered by any
financial statement furnished by the Concessionaire to the City.
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
00-1068
(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 5:00 PM at the
Premises or at such other location in Miami, which may be approved by the Contract
Administrator.
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.
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%) 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
parry, 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.
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.
(iii) Automobile liability insurance covering all owned, non -owned and hired
vehicles used. 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,OOO 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. 2°d. Avenue, 9d' 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
UU0-iU
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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
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.
1.4.3. 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.
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, transfer or 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
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:
City of Miami
City Manager
444 S.W. 2"d Avenue
l'Oth 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
NOTICE TO CONCESSIONAIRE:
Karlen Foods, Inc. d/b/a Tropics
1000 Ponce de Leon #325
Coral Gables, FL 33134
1 71-I us)-wSA 48-fl
•
i
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.
185 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
00-140,68
0 .6
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 parry 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 parry 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.
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 CONCESSION AGREEMENT
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.
IN WITNESS WHEREOF, the parties hereto have individually, through their
proper officials, executed this Concession Agreement the day and year first herein above
written.
ATTEST:
go
Walter J. Foeman
City Clerk
The City of Miami,
A municipal corporation
Of the State of Florida
Un
Carlos A. Gimenez
City Manager
_1068
•
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Alejandro Vilarello
City Attorney
WITNESS:
Signature
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
Mario Soldevilla
Risk Management
CONCESSIONAIRE:
Karlen Foods, Inc. d/b/a Tropics
Catering
Print Name Print Name
Signature
Print Name
EXHIBIT A
PLAN FOR CAFETERIA
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S P A C E P L A N G R O U N D F L 0 0 R P L A T
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EXHIBIT B
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ESTIMATED INVENTORY AS OF MARCH 15, 2000
THE CITY OF MIAMI RIVERSIDE CENTER
QUANTITY DESCRIPTION
1 Refrigerator w/shelving
1 Freezer w/shelving
1 Shelving
1 Convection Oven
1 Frymate
1 Fryer
1 Range
1 Stainless steel jacketed kettle
1 Stainlee steel braising pan
1 Pressureless steamer
1 Water conditioner
1 Exhaust Hood
1 Fire Protection system
1 Slicer
1 Mobile utility table
2 Prep tables w/o shelves
1 20 qt. Mixer
1 Mixer stand
1 Prep counter w/sinks
1 Pre -rinse unit
1 Disposer
1 Ice Maker
1 Water Filter
1 Utensil wash counter
2 Swing Faucets
1 Hose bib
1 Pre -rinse unit
1 Hot Plate
1 Built-in fryer
1 Griddle
1 Refrigerated Base
1 Conveyor toaster
1 Exhaust Hood
1 Grill counter
1 Faucet
1 Deli grill counter
2 Food warmer
2 Built -in -warmer
2 Dish dispenser
1 Salad/beverage counter
3 Food Scale
1 Horns Food Scale .
MANUFACTURER
Intermetro
Intermetro
Intermetro
Vulcan -Hart
Vulcan -Hart
Vulcan -Hart
Vulcan -Hart
Groen
Groen
Groen
Hako
Vent Master
Ansul
Hobart
Servolift
Custom
Hobart
Servolift
Custom
Chicago Faucet Co.
Salvajor
Manitowoc
Everpure
Custom
T&SBrass
Chicago Faucet Co.
Chicago Faucet Co.
Wells Mft. Co.
Wells Mft. Co.
Wells Mft..Co.
Hobart
Hollymatic
Vent Master
Custom
Chicago Faucet Co.
Custom
Hatco
Wells Mft. Co.
Servolift
Custom
(2) Sysco (1) Edlund
EXHIBIT C
MODEL
Metro Seal
HD Solid?
Super Erecta
ET88
VF-90
VF-1
VR-2
DEE4-40
FPC/1-3
GG-3-SE-24
FS-300
CV-100-M
R-102
1612
705
'Custom
A200
707
Custom
923GC
300 SA-6-1/2-ARSS
GY-1204A
CSR
Custom
B-209/EE
305-VB-R
923-GC
H-706
556
G-236
U BA2
T-710
CV-200
Custom
50-E3-SWG
Custom
GRA-24
SS-206-ED
2AT6-STH
Custom
0
56 Large Metal Baking Sheets
2 Metal Mixing bowls
3 Deep fry baskets
2 Steel bowl strainer
1 Steel strainer
1 Steel grater
2 Sugar dispenser
1 Coffee garafe
7 Trash receptacles
1 Hobart Rotiserie
1 Bunn coffee maker
2 Coffee percolators
1 Four slicer toaster
1 Ice Tea Brewer
Bunn-o-matic
TL3-3
2 Undercounter ice dispenser
Follett
150UDB
1 Soft serve ice cream
Taylor Freez
750
2 Condiment counter
Custom
Custom
2 Drop -in cup/glass dispenser
Servolift
ADIF
2 Water/chiller Dispenser
Filtrine
M-2-DIA
2 Cash counter
Custom
Custom
1 Cash register
TEC
'1 Tray dispenser
Servolift
TCA-ST
1 Scrapping Table
Custom
Custom
1 Conveyor
Caddy
21-C
2 Pre -rinse unit
Chicago Faucet Co.
919
1 Faucet
Chicago Faucet Co.
50-E3-SWG
1 Disposer
Salvajor
500-SA-ARSS
1 Dishwashing machine
Hobart
CRS-86
1 Silver soak sink
Seco
3474
1 Clean dish table
Custom
Custom
1 Electric booster water heater
Hatco
C-54
28 Round tables
103 Chairs
•
ACCEPTANCE OF CITY MANAGER AND. EVALUATION
COMMITTEE'S RECOMMENDATION TO NEGOTIATE
AND EXECUTE AGREEMENT
ITEM: Food and Beverage Concession at MRC
DEPARTMENT: Office of Asset Management
TYPE: Contract
REASON: It is recommended that the top ranked firm Karlen
Foods, Inc. d/b/a Tropics Catering, provide for
the management and operation of the food and
beverage service concession at the Miami Riverside
Center, for the Office of Asset Management;
authorizing the City Manager to negotiate and
execute an agreement, in a form acceptable to the
City Attorney, for an initial term of one (1) year,
with the option to renew for four (4) additional one
(1) year periods, providing for a, monthly fee in the
amount of five percent (5%) of gross revenues from
cafeteria services, five percent (5%) of gross
revenues from vending machines, five percent (5%)
of gross revenues from catering services and with
terms and conditions as more particularly set forth
in said agreement.
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