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HomeMy WebLinkAboutR-83-1154• J-93— 1080 RESOLUTION N0. S3`1154 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAN FRANCISCO PUFFS AND STUFF, INC., A FLORIDA CORPORATION, AND PETER CHRONIS, AN INDIVIDUAL, FOR THE EXCLUSIVE RIGHT TO SELL FOOD AND BEVERAGES ALONG THE NEW YEARS EVE ORANGE BOWL PARADE ROUTE, FOR A PERIOD OF 5 YEARS, C:O1MEN- CING DECEMBER 31, 1.983, SUBSTANTIALLY UPON THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT ATTACHED HERETO WITH SUCH OTHER PROVISIONS AS APPROVED BY THE CITY ATTORNEY AND UPON THE FURTHER CONDITIONS AS EXPRESSED BY THE CITY COMMISSION. BE IT RESOLVED BY THE COMM9.ISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized and directed to execute an agreement with San Francisco Puffs and Stuffs, Inc., and Peter Chronis for the exclusive concession rights to sell food and beverages along the New Years Eve Orange Bowl Parade Route for a period of 5 years, commencing December 31, 1983, substantially upon the terms and conditions as set forth in the agreement attached hereto with such other provisions as approved by the City Attorney and upon the further conditions as expressed by the City Commission. PASSED AND ADOPTED this 8th ST: CITY CLERK PREPARED AND APP VED BY: 'I lA A,qS.kSTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA, CITY ATTORNEY day of December 1983. Maurice A. Ferre M A Y O R CITY COMMISSION MEETING OF D c C 8 1983 „xS CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM -C Howard V. Gary DATE- November 30, 1983 FILE: City Manager SUBJECT: Award of Bid Orange Bowl New Year s Eve Parade Concession Randolph B. Rosencrantz Agreement Bid f183-84-22 FROMRandolph City Manager REFERENCES: ENCLOSURES: It is recommended that the City Manager be authorized to enter into a concession agreement with San Francisco Puffs and Stuff, Inc., a Florida Corporation, and Peter Chronis, an individual, to provide Products, beverages, novelties and allied products for the Orange Bowl New Year's Eve Parade for a five (5) year period, beginning December 31, 1983 through December 31, 1987, with the City receiving $7,500 (Seven Thousand Five Hundred Dollars) per annum for the Concession Rights Pursuant to Public Bid No. 83-84-22, sealed bids were received to provide food, beverages and novelties for the Orange Bowl New Year's Eve Parade for a 5 year period beginning December 31, 1983 through December 31, 1987. Invitations were mailed to 12 concessionaires and advertisements were placed in two local newspapers soliciting proposals with bid opening at 4:30 P.M. November 22, 1983. Two bids were received as follows: 1. San Francisco Puffs and Stuff, Inc., a Florida Corporation, C. Kevin Grim - President and Peter Chronis, an individual, will pay the City $7,500.00 (Seven Thousand Five Hundred Dollars) per annum for concession rights. 2. Paramount Concession - Peter Kouchalakas, President, will pay the City for concession rights as follows: 1983 - $2,800.00 (Two Thousand Eight Hundred Dollars) 1984 - 2,900.00 (Two Thousand Nine Hundred Dollars) 1985 - 3,000.00 (Three Thousand Dollars) 1986 - 3,100.00 (Three Thousand One Hundred Dollars) 1987 - 3,200.00 (Three Thousand Two Hundred Dollars) 83-1154 f U Howard V. Gary City Manager Page 2 of 2 November 30, 1983 It is recommended that the City Manager be authorized to enter into a concession agreement with San Francisco Puffs and Stuff, Inc., a Florida Corporation and Peter Chronis, an individual, to provide products, beverages, novelties, and allied products for the Orange Bowl New Year's Eve Parade for a five years period, beginning December 31, 1983 through December 31, 1987, with the City receiving $7,500.00 (Seven Thousand Five Hundred Dollars) per annum for the concession rights. RBR:DRS:mc 83-1154 W ORANGE BOWL PARADE CONCESSION AGREEMENT THIS AGREEMMENT, made and entered into this day of , 1983, by and between San Francisco Puffs and Stuffs, Inc., and Peter Chronis, an individual, hereinafter referred to as CONCESSIONAIRE and the CITY OF MIAM1, a municipal corporation of the State of Florida, hereinafter referred to as the CITY. W I T N E S S E T H: That by authority of Resolution No. , passed and adopted by the Commission of the City of Miami, and for and in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: CONCESSIONAIRE COVENANTS AND AGREES: 1. To sell food, beverages and novelties in the public right-of-way, including streets and public parks hereinafter called the public right-of-way, at the 1983-1987 Miami Orange Bowl Parades. 2. To furnish all necessary concession equipment for the purpose of serving and selling food, beverages and novelties, and providing back rests for rental to Orange Bowl Parade viewers. 3. To pay to the City the sum of $7,500.00 (Seven Thousand Five Hundred Dollars) per annum in consideration of the license granted by this agreement. 4. To abide by all pertinent rules, regulations, ordinances and laws of the City of Miami, The County of Dade, the State of Florida, and the United States of America, now in force or hereafter adopted, and such existing . or future rules and regulations established or which may be established by the City Manager. 5. To hold harmless and indemnify the City from and against any claim or liability arising out of or in connection with the performance of this contract or any act or omission to act on the part of the Concessionaire in connection with such performance. 83-1154 6. To maintain in force at all times during the period of this agreement, General Comprehensive Liability Insurance in the amount or $1,000,000.00, combined single limit including products liability coverage. The City of Miami shall be named as an additional insured under the terms of said policy or policies. 7. To obtain all necessary licenses and permissions required for the lawful operation of this concession. 8. To abide by all pure food and sanitary laws, including those concerning food and beverage handlers. 9. To provide a price schedule and quality and service requirements contained in the "Description of Commodities" attached hereto and made a part hereof. 10. Not to employ any employee of the City of Miami in connection with the operation of this concession unless prior written approval of the City Manager shall have been obtained. 11. That no assignment of this contract or any part thereof, made by the concessionaire, shall be valid or binding upon the City unless such assignment shall be in writing and shall be approved by the City Commission. 12. That the City shall not be liable for the loss of or damage to merchandise, goods, equipment or other property of the concessionaire, however same may be lost or damaged, unless such loss or damage shall have been caused by willful or negligent act of the City. 13. Not to locate or authorize to be located any concession stand in the public right-of-way or on public land other than as authorized and approved under this agreement. Such "Authorized Concession Stand Location List" is attached hereto and made a part hereof. 14. To furnish all labor and service required to maintain the concession stands and are adjacent to concession operations in a clear and sanitary condition and to maintain the premises and concession equipment in accordance with the requirements of all concerned health authorities and pure food examiners and to make the premises and concession equipment available for inspection by such authorities at all times. 15. To furnish to any authorized representative of the City Department of Internal Audit, at the offices of the Department, such books of account and financial statements pertaining to its sales at the Orange Bowl Parade as may be requested by such representative. -2- 83--1154 . k' k] 16. To allow the City Manager or his representative at all reasonable times to inspect any and all areas of the Orange Bowl Parade Concessions under its control or used in connection with its operations. 17. The City shall have the right to cancel this agreement for all purposes and to retain the monies paid to it pursuant to this agreement is liquidated damages and not as a penalty in the event that the concessionaire shall fail to perform any of the covenants and agreements on its part, provided that notice of such cancellation for such reason shall be furnished to the concessionaire simultaneously with or prior to the effective time of such cancellation. 18. To provide and post in conspicious locations, signs showing the prices of all commodities. The size, location and context of said signs and any other advertising material shall be subject to the approval of the City Manager or his representative. 19. To provide for sale a sufficient supply of merchandise and commodities to adequately serve the public. 20. To provide top line equipment shich conforms to national sanitary foundation codes and to bear the plumbing, electrical and other expenses involved in the installation of same, however, any additional electrical outlets or plumbing beyond that provided by the City at the time of the execution of this lease shall be provided by the concessionaire. 21. To complete normal deliveries for the concession operation at least three (3) hours prior to the parade commencement time. 22. To allow the City to inspect, check or inventory all merchandise prior to the opening, during the operation of and after the closing of concession stands. 23. That its employees shall wear uniforms, and that each employee shall have a numbered identification button (containing a number different than that of any other employee) attached thereto, in plain view. That all vendors shall also wear a headdress and marker indicating, in plain view, the price of the particular commodity being sold. 24. That all items for sale and all items used for display purposes shall be located behind the counters of the concession stands. 25. That no wines, beers, liquors or alcoholic beverages of any kind or nature shall be sold, offered or given away. -3- 83--1154 E f 16. To allow the City Manager or his representative at all reasonable times to inspect any and all areas of the Orange Bowl Parade Concessions under its control or used in connection with its operations. 17. The City shall have the right to cancel this agreement for all purposes and to retain the monies paid to it pursuant to this agreement as liquidated damages and not as a penalty in the event that the concessionaire shall fail to perform any of the covenants and agreements on its part, provided that notice of such cancellation for such reason shall be furnished to the concessionaire simultaneously with or prior to the effective time of such cancellation. 18. To provide and post in conspicious locations, signs showing the prices of all commodities. The size, location and context of said signs and any other advertising material shall be subject to the approval of the City Manager or his representative. 19. To provide for sale a sufficient supply of merchandise and commodities to adequately serve the public. 20. To provide top line equipment shich conforms to national sanitary foundation codes and to bear the plumbing, electrical and other expenses involved in the installation of same, however, any additional electrical outlets or plumbing beyond that provided by the City at the time of the execution of this lease shall be provided by the concessionaire. 21. To complete normal deliveries for the concession operation at least three (3) hours prior to the parade commencement time. 22. To allow the City to inspect, check or inventory all merchandise prior to the opening, during the operation of and after the closing of concession stands. 23. That its employees shall wear uniforms, and that each employee shall have a numbered identification button (containing a number different than that of any other employee) attached thereto, in plain view. That all vendors shall also wear a headdress and marker indicating, in plain view, the price of the particular commodity being sold. 24. That all items for sale and all items used for display purposes shall be located behind the counters of the concession stands. 25. That no wines, beers, liquors or alcoholic beverages of any kind or nature shall be sold, offered or given away. -3- 83--1154 1 26. That no bottled or canned beverages of any kind shall be offered for sale in the public right-of-way. 27. That all soft drinks shall be dispensed through the use of pressurized tap dispensing equipment, unless otherwise agreed upon in writing with the City Manager, and that all soft drinks or other beverages sold shall be popular brand name beverages. In addition to other beverages, concessionaire will offer for sale fresh squeezed Florida orange juice. The construction of all containers used to carry the wares of the vendors shall be solid rather than wire basket construction and shall not be of such size as to interfere with seated customers. The City Manager or his representative shall have the right to disapproved any such container and any container so disapproved shall not be used. 28. To use only paper cups, plates or containers and only plastic forks, knives or spoons. No wooden items are to be used. 29. To be responsible for all maintenance directly related to the concession stands, i.e. structures, equipment (including rented or leased equipment) and clean-up and containerize all residue and debris around the concession sites for pick up by the City of Miami Sanitation forces after the parade conclusion. 30. That all sales prices shall end at either the digit of 5 or 0 and shall include the sales tax which shall be a part of the sales price. (Example: Item 25c or 20c) 31. To only employ literate, neat, clean and well groomed and courteous persons to work at these concession facilities. 32. To provide, at its sole expense, all garbage and trash receptacles within the confines of its operation and to provide a sufficient number of same for its own use and for the use of the public in the areas adjacent to the concession areas. 33. That the construction, rental and storage of rest backs shall be governed by the following terms: (a) The construction shall be of such type as to avoid interference with the seating of other patrons. (b) When same are not being used, they shall be stored in the storage space allocated. (c) They must be picked up and removed immediately after the conclusion of the parade. -4- 83-1154 A* (d) Sales must be made from the storage space allocated so as not to block aisles or interfere with the flow of patrons. THE CITY COVENANTS AND AGREES: 34. The concessionaire is granted the exclusive right to sell food, beverages and novelties, and rent back rests in the public right-of-way at the 1983-1987 Orange Bowl Parades. IT IS FURTHER AGREED BY THE PARTIES HERETO AS FOLLOWS: 35. This license agreement shall extend from the effective date thereof to and including the Orange Bowl Parade to be held on December 31, 1987, and the rights, privileges, liabilities and duties of the parties hereunder shall continue until the completion of the 1987 Orange Bowl Parade, provided, however, that either party shall have the right, on 60 days written notice delivered, in the case of the City, to the office of the City Manager, and to Concessionaire at its principal place of business to terminate this this agreement for any reason and in its sole discretion. IN WITNESS WHEREOF the parties have hereunto set their hands and selas the day and year first above written. Witnesses as to San Francisco Puffs and Peter Chronis Witnesses as to The City of Miami Resolution No. Passed and adopted SAN FRANCISCO PUFFS AND STUFFS, INC. AND PETER CHRONIS By Attest: THE CITY OF MIAMI, a municipal corporation of the State of Florida By City Manager Attest: City Clerk APPROVED AS TO FORM AND CORRECTNESS: -5- 83-1154 1983 ORANGE BOWL PARADE AUTHORIZED CONCESSION STAND LOCATION LIST SITE NO. LOCATION TYPE A 1 DUPONT PLAZA S.E. 3rd St. and 3rd Ave. R 2 CHOPIN DR. AND BISC. BLVD. S.E. 2nd St. R A 3 CHOPIN DR. AND BISC. BLVD. S.E. 2nd St. R 4 BAYFRONT PARK SO. COMFORT STA. W 5 BAYFRONT PARK AT PORT BLVD. R 20 Amps 6 BISC. BLVD. NO. CTR. IS. @ N.E. 5th St. R 7 BISC. BLVD. BETWEEN N.E. 4th & 5th St. R 8 BISC. BLVD. W CTR. IS S.E. CORNER OF INTER. R OF N.E. 4th & 5th St. A 9 BISC. BLVD. E CTR. IS. N.E. 45h St R A10 BISC. BLVD. BETWEEN 3rd & 4th St. N.E. R All BISC BLVD. EAST CTR. IS. N.E. 3rd St. R Al2 BISC. BLVD. EAST CTR. IS. BETWEEN 2nd & 3rd St. W 13 BISC. BLVD. CTR. IS. EAST BETWEEN 2nd & 3rd St. R A14 BISC. BLVD. CTR. IS. EAST BETWEEN 2nd & 3rd St. W A15 BISC. BLVD. E CTR. IS. N.E. 2nd St. R 16 BISC. BLVD. E CTR. IS. NO. E. 1st St. R 17 BISC. BLVD. CTR. IS. N.W. BETWEEN 1st & 2nd St. R A18 BISC. BLVD. E CTR. IS. SO. N.E. 1st St. R 19 EAST FLAGLER & 3rd AVE. S.E. CORNER R 20 EAST FLAGLER & 2nd AVE. N.W. & S.W. CORNERS R 2 STANDS 21 EAST FLAGLER & 1st AVE. N.W. & S.W. CORNERS R 2 STANDS 22 FLAGLER & MIAMI AVE. N.W. & S.W. CORNERS R 2 STANDS 23 FLAGLER & MIAMI CT. N.W. CORNER R 24 WEST FLAGLER & 1st AVE. NO. & SO. CORNERS R 2 STANDS 25 WEST FLAGLER 2nd AVE. N.W. & S.W. CORNERS R 2 STANDS 26 PARKING AREA UNDER I-95 NO. SIDE OF FLAGLER R A27 END OF PARADE ( ) R A28 N.W. CORNERS AT 1st and 3rd STREETS OFF R BISCAYNE BLVD. (RETAIL) *******(W-idHOLESALF.) (R-RETAIL) (20 AMP. ELECT.) 83-1154