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Home My WebLink AboutR-80-0640gp0-,k%,. RESOLUTION NO.' 8 0- 6 4 0 A RESOLUTION ACCEPTING THE BID PROPOSAL OF LEMON TREE ICES FOR DAVID KENNEDY PARK; CARLOS PASCUAL, INC., FOR GRAPELAND PARK; AND TOM BOCCIO FOR PEACOCK AND BAYFRONT PARKS FOR MOBILE FOOD AND BEVERAGE OPERATIONS AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD CONCESSION AGREEMENT WITH EACH, RESPECTIVELY. WHEREAS, pursuant to public notice, sealed bid proposals were received July 9, 1980, for concession rights for mobile food and beverage operations at various City parks; and WHEREAS, invitations were mailed to potential suppliers and 6 bids were received; and WHEREAS, the bids of Lemon Tree Ices for David Kennedy Park, Carlos Pascual, Inc., for Grapeland.Park, and Tom Boccio for Peacock and Bay -front Parks are recommended for acceptance as the most advantageous bids to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The July 9, 1980, bids of Lemon Tree Ices for David Kennedy Park, Carlos Pascual, Inc., for Grapeland Park, and Tom Boccio for Peacock and Bayfront Parks for . concession rights for mobile food and beverage operations are hereby accepted. Section 2. That the City Manager is hereby authorized to execute a standard concession agreement with each concessionaire respectively. PASSED and ADOPTED this 15 day of SEPTEMBER "SUPPORTIVE DOCUMENTS ATTEST: FOLLOW (�� zj C =! e !IQ Q p i c. Ongie, City Cler PREPARED AND APPROVED BY: 'a 0 As s ant City Attorney APPROVED AS T0--FGQLAND CORRECTNESS: MAURICE A. FERRE MAYOR 1980. 4600CUMENI INDEX ITEM N0. " CITY COMMISSION MEETING OF SEP1 5 MOO eor F. Kno , City Attorney 8 0 • 6 0 AMOLUTION NO ............ «........ AEMANO............................. f. Lu , ,.! I;`!'i'i:!�•�JFf-�IC.• ;'�iEP•iC:1itA��Il7U?.i Joseph R. Grassie City Manager N , . bert 14 AA 0, �Drector Department of Leisure Services July 14, 1980 Proposed Resolution Award of Concession Rights It is recommended that concession rights for mobile food and beverage aerations for various City parks be awarded to the below listed hicrhe_st bidders meetin qualifications and further authorizing the C_it_Manager to execute standard concession ac_reement with same, as per the enclosed resolution. Pursuant to public solicitation for proposal of food and beverage operations for various City parks, (Bid No. 79-80-81), six (6) bids were received (see enclosed listing). It is the recommendation of the Department of Leisure Services that the following be awarded concession rights with the guaranteed considerations to the City: Park: David Kennedy Park Recommended Concessionaire: Lemon Tree Ices Bid: Percentage of gross 18% minimum monthly guarantee $500 Park: Grapeland Recommended Concessionaires Carlos Pascual, Inc. Bid: Percentage of Gross 4% minimum monthly guarantee $ 25 Park: Peacock Recommended Concessionaire: Tom Boccio Bid: Percentage of gross 5% minimum monthly guarantee $10o Park: Bayfront Recommended Concessionaire: Tom Boccio Bid: Percentage of gross A% minimum monthly guarantee $ 50 It is further recommended that the City Manager be authorized to execute standard concession agreements (enclosed) with the above mentioned concessionaires and considerations. AHH/KD11/dw encls. llOut-"FURTIVE ut-"FU`TIVE DOCLiMEN-f-S FOLIOVp r�- r July 11, 1980 M Fact Sheet Standard Concession Agreements include: 1. Consideration to -City as per Bidding Procedure. r 2. A term of one year. 3. Products liability, public liability and property damage insurance as described by the City's insurance manager. 4. Requirement of proper health standard and licensing. 5. Price approval by City. 6. Non -Discrimination Clause. 7. Indemnification and Hold Harmless Clause. Recommended Concessionaires 1. Lemon Tree Ices -.operated by Ajita, Inc., corporated in 1976, a [Health Department approved commissary, noted for their "Frosted Lemonade." ' 2.' Carlos Pascual, Inc. - for years has operated Academia Baseball (a baseball academy) for youth in the Grapeland Park area. Proceeds will be used to defray the cost of the program, i.e., uniforms, umpires, equipment, etc. 3. Tom Boccio - an individual wishes.to initiate such a venture with the City. I1� 1 Bids for Concession Rights for Food and Beverage Operations for City of Miami Parks Bid Minimum Park Bidder Percentage of Gross Monthly Guarantee David Kennedy Park Lemon Tree Ices 18% $500 Ajita, Inc: Tom Boccio 7% $125 Grapeland Park Carlos Pascual, Inc. 4% $ 25 Peacock Park Toni Boccio 50 $100 Manor Park * Larry Williams 10% $ 60 Bayfront Park Tom Boccio 215% $ 50 * Manor Park not available at present time ENT FOLLOW„ CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM ; .To ' A. L. Mullins Purchasing Agent FROM Albert H. Howard, Director Departmr�nt of Leisure Services v uAIE July 11, 1980 KILE:- i suurrc:! Bid No. 79-80-91 ice' ItLFt:141.tjGLri F.NllLUGII I<! 'i The Department of Leisure Services hereby reconunends that Bid No. 79-80-91 for concession rights for food and beverage operation in City parks, be awarded to the following highest bidders meeting qualifications: Park: David Kennedy Park Recommended Concessionaire: Lemon Tree Ices Bid: Percentage of gross 1816 minimun monthly guarantee $500 Park: Grapcland Recommended Concessionaire: Carlos Pascual, Inc. Bid: Percentage of Gross 4% minimum monthly guarantee $25 Park: Peacock Recommended Concessionaire: Tom Bocci.o Bid: Percentage of gloss 51. mini.mum monthly guarantee $100 Park: Bay Front Reconunended Concessionaire: `Ibm I3occi.o Bid: Percentage of gross 21:2 minimum monthly guarantee $50 It is Further recolmnended that the City Manager be authori::ed to e:•:ecutc standard concession agreements (enclosed) with the above mentioned concessionaires and considerations. AI I I I/ KDII/dw encl. "SUPPORTIVE DOCUMENTS FOLLOW JUL 1 TN j 80-640 t m Bids for Concession Rights for Food and Beverage Operationsfor City of Miami Parks Bid Minimum Park Bidder Percentage of Gross Monthly Guarantee David Kennedy Park Lemon 'Tree Ices 18% $500 Ajita, Inc. Tom Boccio 7% $125 Grapeland Park Carlos Pascual, Inc. 4% $ 25 Peacock Park Tom Boccio 5`k $100 Manor Park * Larry Williams 10% $ 60 Bayfront Park Tom Boccio 214. $ 50 * Manor Park not available at ,present time "SUPPORTIVE DOCUMENTS FOLLOW" 80-640 July 11, 1980 Fact Sheet Standard Concession Agreements include: 1. Consideration to City as per Bidding Procedure. 2. A term of one year. 3. Products liability, public liability and property damage insurance as described by the City's insurance manager. 4. Requirement of proper health standard and licensing. S. Price approval by City. 6. Non -Discrimination Clause. 7. Indemnification and Hold liarmless Clause. Recommended Concessionaires 1. Lemon 'free ices - operated by Ajita, Inc., corporatod in 1976, a health Department approved commissary, noted for their "Frosted Lemonade." 2. Carlos Pascual, Inc. - For years has operated Academia Baseball (a basobali academy) for youth in the Grapeland Park area. Proceeds will be used to defray the cost of the program, uniforms, umpires, equipment, etc. 3. Tom Boccio - an individual wishes.to initiate such a venture With the City. 1. CONCESSION AGPLEMENT _ TABU'OF CONTENTS PREAMBLE: PAGE 1. LOCATION OP CONCESSION, TERN, AND USE 2 2. NOTICES 2 3. DEFINITION OF CONCESSIONAIRE 3 4. CO-PAR'i't,]rRSIIIP 3 5. CUSTODIAL SERVICES AIJD MAINTENANCE 3 G. CONCESSION IN CONFLICT 3 7. APPROPRIATIONS 3 6. ASSIGNMENT OR TRANSFER OF STOCK 4 9. INTERIOR MODIFICATIONS AND MAINTENANCE 4 10. PF',EL''EI'TS AND LICENSES 4 11. PAYIMEN'T OF UTILITIES 4 12. PERF01:4IANCE BOND 4 13. CONSIDERATION 5 l4. MONTHLY REPORTS AND PAYtdENT 5 15. DEFAULT OF PAYMENT 5 16. LII'-N ON PERSONAL PROPERTY 5 1.7. RIGHT TO AUDIT RECORDS 6 I.S. REPORTS OF VISITOR USE G 19. RIGHT TO INSPECTION OF PPTMISES 6 20. INTERFERENCE 6 21. WAIVER OF CLAIM 6 22. HOLD IIAEtMLESS 7 23. HOURS OF OI.'EI'JYTION AND SIGNS 7 24. TRA1NING 7 25. INDEMNIFICATION AND 'SUSPENSION 7 2G. APPROVAL OF PRICKS AND FEES 8 27. S'rOIL'1G[; OP DANGEROUS SUIRS)TANCES 8 28, W1,TRES131TATIVE CAPACITY E3 29. REVOCATION "SUP°�^TIVE S rrt DOCU 30. COt4CIiS;;ION PRIVII,I:;C3E 1� 1 ENTS 9 FOLLOW" 31. INSURAEICE 9 32. ATTORNEY' S PEES 10 33. CAPTIONS 10 34. ENTIPL AGREEt•EEN'i' 10 35. NON DISCRIMINATION • 80-640 i CONCESSION AGREEMENT THIS AGREEtUs' T made. Lice clay of A.D., 197 , between the City of Miami, a Municipal Corporation of the State •of Vlorida, hereinafter called the "CITY", and with offices in hereinafter called the Concessionaire'. WITNESSETH WHEREAS, the Department of Leisure Services is vested with jurisdiction over and control of all. City parks in the City of Miami and is responsible for the operation and maintenance of such *facilities in the parks under its jurisdiction as may be necessary, desirable, or convenient for the use of the public for healthful recreation; and WHEREAS, the Concessionaire desires to obtain from the CITY the exclusive privilege of operating the concession in in the City of Miami, to provide goods and services as hereinafter described, and the CITY desires to enter into Agreement with the Concessionaire for operation of said concessions; and WHEREAS, the establishment and maintenance of such concessions as is contemplated in this Agreement will require substantial capital investment by the Concessionaire, and the operation thereof will involve certain risks of financial loss; and ' WHEREAS, the CITY is fully cognizant of these factors and will adopt and pursue such policies with respect to this concession and the obligations imposed ul?on said Concessionaire by this Agreement as wil.l be an inducement to capital investment and as will be an assurance of the security of such investment and of the reason,ible opportunity to make a fair return on tile investment. WHEREAS, tho Commission of the City of Miami authorized this concession Agreement by the adoptation of Resolution No. , a copy of said resolution is made a part hereof as though :sot forth in full herein: "SUPPORTIVE DOCUMENTS FOLLOW" - 1 - • • NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. LOCATION OF CONCESSION, TEW-1, AND USE The CITY hereby grants to the Concessionaire, and the Concessionaire hereby, accepts from the CITY, exclusive agreement to operate the following described concession in in conformance with the purpose and for the period stated herein and subject to all the terms and conditions herein contained and fairly implied by the terms hereinafter set forth. a. THIS AGREEMENT S11ALL COI.M-WCG ON TILL day of A.D., 19 , and shall end on the Clay of A.D., 19 This privilege may be extended or renegotiated at the discretion of the City Manager upon request of the Concessionaire submitted in writing at least months prior to the termination date. Any renegotiation of a new Agreement shall be subject to the approval of the City Commission. b. The CITY hereby provides to the Concessionaire the following facilities and space: (Sketch of premises and location provided in Exhibit A) C. The Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following kinds of services: This business will be conducted in compliance with terms of this Agreement. 2. NOTICES All notices from the CITY to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at t}le f01.I.041ing address: "^SUPPOR_TIV_ E FOLLOW .... q, All notices from the Concessionaire to the CITY shall be deemed duly ,served if mailed to: Tile City Manager. City of Miami 3500 Pan American Drive, Dinner Key Miami, Florida 331.33 The Concessionaire and the City may change tl►e above mailing addresses at anytime upon giving the other. Marty wri.L•ten noL•ification. All notices under this concession Agreement must be in writing. 3. U13`1N ET1011 OP CONC[ES.SIONATRE It• is expressly understood and agreed that no part, parcel, building, structure, equipment: or space is leased to the Concessionaire; that he is a Concessionaire and not a Lessee; that the Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this concession Agreement. 4. CO-PAF:'I'NERSIIIP Nothing herein contained' shall create,or be construed as creating a co -partnership between the CITY and the Concessionaire or to constitute the Concessionaire as an agent of the CITY. 5. CUSTODIAL SERViCL•'S AND MAIN rEjNIA1dCE The CITY agrees to furnish to the Concessionaire the previously identified physical. facilities and space'. The CITY agrees to provide the assigned facilities in a useable condition and to perform necessary exterior maintenance on the facilities and to I)rovide custodial services and maintenance for public restrooms within or near facilities assigned to the Concessionaire. Exterior maintenance of the facilities does not include daily removal of litter in the immediate area (50 feet) of the concession facility which rer:oval is the responsibility of the Concessionaire. G. CONi:ESS ION IN CONFLICT The CITY agrees not to establi:;h any now concession facility, or concession service within in conflict or in comt)utition with the Co ncossionaire, excluding` without first giving the Concessionaire the opportunity of providing the / service. 7. APPPOPRiAT 1011S The C.ITY'S r.esponcib.il.ities which require annual appropriations are deuuu-d executory only to the! extent that funds are available for tile purpose � in cluestion. "Sul(�1jO1('-riVE DOCUMENTS 3 - FOLLOW„ • 8. ASSIGNMENT OR TRANSFER OP STOCK The CITY may, by amendment to the concession Agreement, authorize Ithe Concessionaire to expand the services provided. To encourage continuity of successful operations, the CITY may give preference to the existing Concessionaire in the extension or renewal of this Agreement. 'file Concessionaire may not assign this concession Agreement, or any part thereof, without approval of: the CITY. 'In the event the Concessionaire is a corporation authorized to do business in the State of Florida, then it agrees that it will not transfer any stock in the corporation or change managers subsequent to entering into this Agreement or during the term of this Agreement; until such transfer or change is approved by the CITY. 9. INTEP.IOR MODINCA`i'IONS AND MAINTENANCE The Concessionaire accepts the facilities and space provided in this Agreement and is responsible for all interior modifications and maintenance, including entrance doors, windows and screens. The Concessionaire must first obtain the CITY'S concurrence for any alteration of the physical facilities and then must pay for such modifications, which become CITY assets upon completion. The Concessionaire agrees to perform daily removal Of litter in.the immediate exterior area (50'fect) of the concession facility. 10. PE MITS AND LICENSES The Concessionaire agrees to obtain all permits and licenses necessary for the conduct of the business and agrees to comply with all laws governing the responsibility of employer with respect to persons employed by the Concessionaire. 11. VAYMENT OF UTILITIES The Concessionaire agrees to pay for all utilities used within the concession operation and for garbago disposal on a rate determined as follows: Electricity Water Garbage Vending Machines 12. PrarmRIMANCE BOND The Concessionaire shall post a performance bond in the amount of ; with the CITY upon the execution of this Agreement. Said performance bond shall be issued by a surety company authorized to do bu:;i.ness in the State of Florida and shall be refundable .It the tormination of thi:; Agreement it' all terms and conditions of the Ayrooment acceptucl by the Conce:;sionairc have been satisfied. If the performance bond is on .in annual coverage basis, renewal for each Succeeding year shall be submLL:tud to the Department of finance, Risk Management I)Lv.i.sion, thirty (30) days prior to termination date of existing perfor.manco bond. & SUPPORTIVE _ ., - DGCU M EN i FOLLOW.11. 13. CONSIDERATION The Concessionaire agrees to hay the CITY percent of the Concessionaire's monthly gross receipts or a monthly guaranteed amount of $ whichever sum is greater. To this effect, a monthly payment and a report: of said gross receipts will be submitted to tile CITY, each calendar month. Tile term "gross receipts" is understood to mean all. income collected or accrued by the Concessionaire under the concession AgreomunL, excluding amounts of any Federal, State or. City Sales Tax, or any other ta:; colluct.ed by Concessionaire from customers and w1liC11 is required by law to be remitted to the appropriate taxing authority. It is understood that f7.orida State'Sales and Use Tax shall. be added to all payments to the CITY. Thus, the CITY is to receive the aforementioned proposed consideration as net amount, free and clear of an cost and charges. 14. MONTHLY 1?1::PURTS AND PAYI•lENT , The monthly report of gross r.uccipts, the COMIllission payment computed on that' amount, and any other fees due must be submitted to tile CITY, through the finance Department, to be received not later than twenty (20) days after the close of each month. Late payment shall be accompanied Eby liquidated damages in the amount of 1% of the .amount payable for each day the payment is late. If the corrunission payment and accumulated daily penalties are not received within (30) days after the normal monthly payment deadline, then the CITY may take possession of the Concessionaire's assets on CITY property, may cancel this concession Agreement, and may begin procedures to collect the performance bond required in Paragraph 12, above. 15. DEFAULT OF PAYMf:NT It is expressly agreed that the CITY shall have a continuing lien on all. personal property of the Concessionaire oil the premises, for all SUMS which may from t.inie to time become due and unpaid to the CITY under this Agreement, and upon default of payment by the Concessionaire the CITY shall have the right to take possession of and retain the same until the full amount due shall be paid, or to sell the same at public auction and, after decitict.i.nc1 tho cxponso of Such sale, apply the balance of tho Proceed.,; to such payment anti if Lhcru should be any deficiency, to resort to any other. .legal remedy available to it.• 1G. LII-Al 0I1 PERSONAL PROPEWPY f' The Collcossiuilaire agrees not to remove from the park any personal property broucjht: thornon by tho Coilceasiollaire for the purpose of this concession Agrnomont, except -Such items as may be removed with the express pormissiun of Lhc! C.l.'.CY. Upon e piratlon of the term specified in Paragraphl 1 (a) above, if the Concossionaire has made full payment under "SUPPORTIVE DOCUMENTS FOLLOW" q- I ,this concession Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property from the park and shall do so within two weeks following the expiration of. the Agreement. On failure to do so, the CITY may cause same to be removed and stored at the cost and expense of the Concessionaire and the CITY shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal, property and reimburse itself for such cost and expense, plus the expense of the sale. 17. RTGIIT TO AUDIT RECORDS The Concessionaire agrees to establish and maintain such records as be prescribed by the CITY in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the CITY the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the CITY and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the designated place within fifteen days after the CITY'S notice is received. The Concessionaire agrees to provide to the CITY, in a format specified in an attachment hereto, a profit and loss statement of the concession operation for each calendar year. The report will be submitted to the CITY within sixty days after the close of the calendar year. 18. RI POM'S OF VISITOR USE The Concessionaire agrees ,to cooperate with the CITY in the conduct of surveys, to provide reports of visitor contacts, and to respond to Department inquiries about public usage concession services. 19. RIGHT TO IDISPECTIOAJ 01" PRE&MISL•'S The Concessionaire agrees that the concession facilities and premises may be inspected at anytime by authorized representatives of the City Manager or his designee or by an other state, county, or'municipal officer or agency having resoonsibili ties for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors. 20. 1tJ'['I,I1'If�.I.PICL The Concessionaire hereby waives al.l.claims for compensation for loss or damage sustained by reason of any interference: by any public agency or official 1.11 Ulu operation of this concession; any such interference 1 shall not rel.i.uvo t:hc c:oncu:,:;ionai.rc: from any obligation hureuncle.r. 21. WAIVER OP CLA U-1 '['he Conco..'sLon'lire Ilereby oxpressly w.11.ve:i all cl.litil:.i for Lois or dama,ie :cunta.ined by the Concosslonairu resulting from fire, water, tornado, civil. commotion, or riot; and the Concessionaire hereby expressly waives all ricJhlai, c1,011,15, anci dumanLls and forevor releases and discharges "SUPPORTIVE DOCUMENTS FOLLOW It dL. _ —_- _—__—__'_�� :Y.n l i� •ti:�. ,;: i:tiYt..(.:::L6�..L..G .li..(.�f:::ai' q. r the people of the*City of Miami, Florida, from all demands, claims, actions sand causes of action arising from any of the aforesaid causes. 22. HOLD HAM-ILESS The Concessionaire assumes all risk in the operation of this concession and shall be solely responsible and answerable in damages for accidents or injuries to persons or property, whether direct or indirect, arising out of the operation of this concession or arising by virture of the carelessness, negl.igence or improl,)er conduct of the Concessionaire or any servant, agent or. employee of the Concessionaire, and hereby covenants and agrees to ide►nni.fy and save harmless the City of Miami, Plorida and their officers and employees from every such claim, suit, loss damage ~ or injury, which reyponsibili.ty shall not be limited to tile insurance coverage herein required. 23. HOURS OE' OPErj\TION AND SIGHS The Concessionaire agrees to operate and maintain the concession in compliance with this Agreement and in accordance with applicable law and policy. The Concessionaire agrees to provide the authorized services to the public throughout the daily hours the park is open, or as otherwise approved by the City Manager. Business hourp shall be posted by the Concessionaire near the main entrance to the concession facilities. The Concessionaire agrees to submit to the CITY for prior• approval all proposed advertising„ brochures, and signs. As a general policy the CITY will not approve billboard advertising for the Concessionaire either inside or outside the park. Appropriate exterior signs for the Concessionaire's facilities will be provided by the CITY. 24. TRAINING The Concessionaire agrees to provide continuing training and evaluation of all employees assigned to the concession operation to ensure an appropriate level of proficiency and public service orientation. The Concessionaire agrees to replace any employee at the request of the CI`1'Y for cause. No City employee or cloae relative of: an employee of the CITY shall be employed by the Concessionaire without express written permission of the City Manager. 25. INDENNIPICATION AND SUSPENSION The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the assigned concession facilities for any improper, immoral or off'cnsiva purpose, or for any purpose ill violation of any federal, state, county, or municipal ordinance, rule, order or r0gulation, or of any goval.•nulr:ntal rule or regulation now in effect or hereafter enacted ur adol Led. The Concos ,ionai.re will protect, ide►llilify, and forever save and kocp harmless thu CITY and individual members thereof and their agent:, from anc.i ahainst damage, penalty, fine, judgment, expense „SUF,P-1VE DOCUIVNTS FOLLOW A or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire or any employee, person or occupant. In the event of any violation by the Concessionaire or if the CITY or its authorized representative shall doom any conduct on the part of the Concessionaire to be objectionable or improper, the CITY shall have the right to suspend the operation of the concession Should the Concessionaire fail to correct any such violation, conduct, or practice to the -satisfaction of the CITY within twenty-four hours after receiving notice of the nature and extent of such violation, conduct, or practice. The Concessionaire further agrees not to commence operation during the suspension until.the violation has been corrected to the satisfaction of the CITY. 2G. APPROVAL OF PRICES AND FEES The Concessionaire agrees that prices and fees charged for concession merchandise and services will be consistent with those charged for similar merchandise and services in the general vicinity of the park. Tile CITY shall have the final right of approval for all such prices and fees, but said right shall not be arbitrarily or unreasonably exercised.. The Concessionaire agrees to refrain from the sale or rental of any item identified as prohibited by the CITY and to sell or rent only those categories of merchandise and equipment recommended by the CITY. The Concessionaire agrees to maintain an adeuuat•e supply of any merchandise which the CI`i'Y .'deems necessary to accommodate park. visitors. The Concessionaire will ensure that all merchandise and services offered to the public are of acceptable quality and are safe and clean. 27. STORAGE OF DANGEROUS SUBSTANCES The Concessionaire agrees not to use or permit in the facility the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. 28. RFPRi SFNTATIVE CAPACITY It is expressly untiorstood and agreed by and between the parties hereto that lhe members constituting the Department of Leisure or of the City of 14iami and its officers and agents are acting in a representative capacity and not for their own benefit; and that neither the Concessionaire '101.7 any Occupant shall have any claim against them or ally of thelll Zis illdiViltl1:11S in any evolit whatsoever, 29. REVOCATION OF Cr?NCES!3ION PRIM-EGE, If tho Concessionaire fails to comply with any oC the terms hereof, the crTY may cancel this; Agreement and revoke the priviluge of the "SUPPORTIVE — fj — L�-,.;CUMENTS a FOLLOW • r 7 Concessionaire to come upon the CITY'S property for purposes for which this concession was granted and may oust and remove all parties who may be present upon or occupy any part of L•he premises for the purpose of exercising any rights so revoked. 30. CONCESSION PRIVII L61 It is the intent of the CITY, concurring .in by the Concessionaire, that this Agreement shall not, as against the CITY, vost any right in the Concessionaire; and shall be (loomed only the grant of a privilege to the Concessionaire to carry ouL the terms of this Agreement on property of the CITY so long as such Agr.ecmrent or privilege shall be in force. It is further the intent of the parties hereto that violation of, or failure to comply with, the terms of: this Ag.r.oement shall., at the option of the CITY terminate this Agreement and privilege upon three days notice in writing delivered or mailed to the Concessionaire's address as set forth' in Paragraph 2 hereof. If the CITY does not afford Concessionaire the opportunity to mend any default witijin a spoci.fied time, the privilege shall terminate and the Concessionaire shall remove hirnsclf and his property from the promises, if all financial obligations hereunder have been met. Continued occupancy of the facility after termination of the privilege shall constitute trespass by the Concessionaire, and may be prosecuted as such. In addition, the Concessionaire slia.l.l pay to the CITY $100.00 per: clay as liquidated damages for such Lrespass and holding over. 3.1.. 1N5URANCE The Concessionaire shall idemnify and save the CITY harmless from any and all claims, liabi.lity, losses, and causes of action which may arise out of the Concessionaire's operation of this Agreement and shall pay all claims and loses of any nature whatsoever in connection therewith and shall defend all suits, ill tllo name. of the CITY ':then applicable, and shall pay all costs Mid judynlcnts V.11i.ch Wly iz;sue Lhorean. Tile Concessionaire shall maintain during the term of this Agreement Lhe following insurance. A. Public Llal)il..l l:}' T11SUra11i;e ill Chu 1111OL11ltS of not Less than $ per occurrence for death or bodily injury and not less than$ por occurrence for: proj>crL•y (Aama(fo. B. The CITY shall be named an an additional insured under the policies of insur:anca as required .in Paragraph "A" of: this Agreement. C. Automobile Liability 111SUr•ance covoriw.1 allowned, non -owned, and hired Vollicles 1.11 amount;; of not less 1:Iran $1,000,000.00 per accident and $300,000.00 per occurrence, of lx)(1.111' injury and $.10,000.00 per occurrence Of bodily injury and 10,000.00 property damage. IE_ g _ J I*' j ,J71� 1 J FOLLOW" D. ,Tile CITY shall be given aL least thirty (30) clays advance written noticcr of cancellation of said policies or a►ry maLerial modifications thereof. E. Certificates of insurance shall be filed with Lhr_ finance Department, Risk Management Di.v.is.iun of the CITY. F. The insuranco coverage recll.lirc`d shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations or tho Concossionairo, G. All insurance policies shall. be issued by companies authorized to do business unClc?r Lhr: lrIWS of the: Stage of Florida and must be rated at lea;;t "A" as to ma'W90111e1lt and Class "X" as to financlh strength, all in accordance to A.1M. BESTIS KE'Y RATING GUIDE, latest ediLiorl. H. The CITY reserves the right to amend the iI1SllrallCe rC:'gUirCmetlts as circumst,111Ces dictate in order to protect the .interest of the CITY in this concession Agreemont. I. The Concessionaire shall furnish cer. tificatos of insurance to the CITY prior to the conuaellcement of operations, which certificates shall clearly indicate the Concessionaire has obtained insurance in the type, amounL, and classifications as required for strict compliance with this covenant and shall be subject to the approval of the Department of Finance, Risk Nanactement Division. J. The policy shall be endorsed as follows: It is'agreed that in the event of any claim or suit against the,insured for damages covered by this policy, the insurance company will not deny liability by the use of a defense based upon governmental inununity. 32. AT'1TOl EIV S FEES In the event of any litigation between the parties to enforce any of the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. 33. CAPTIONS Tile captions contained in this 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 provision thereof. 34. ENTIRE AGRI EI ENT The provisions of the concession Agreement constitutes the entire P agreement between the parties and no prior agrbcaents or representations shall be binding upon any of Lhe parties unless incorporated in this concession Agreem(l,Ijt. Nu modification, release, discharge, or waiver: of any of the provisions hereof shall be of t'or.ce and ()ffect unless in writing and signed by both parties, 35. 11011 DTSCR1,M 1 NA11J0N 1'}IC CC1nCC5:;1<)llCl.ire ACIrCeS that there 5}lilll be 110 dl:iCrlllllllaLion as LO race, sex, color, cr.c(:rl or. national origin in conllectioll with the use, maintencc and operation of tho promises by Concessionaire. "SUPPORTIVE -10- DCCU ENTS FOLLOW." IN WITNESS W11111 OF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. TENANT LANDLORD I3y : President Attest: Secretary (Corporate Seal) * Witnesses: CITY OF ZMIAMI, FLORIDA By: Cit-1 Manager Attest: City Clerk .SUP �0R'.I"IVE DOCUMENTS FOLLOW" Approvo(t as to Form rind Correctness: George F. Knox, Jr., City Attorney * To bo USCd if tenant is not a Corporation. - 11 - 1;11Y 01 MIA:MI. I'1-01110A 06� '. INfGI't•gl'hICL MI:MONANOUM lu Mr. Al Ilownrd, Director DAIL July 9, 1980, FILE. Leisure Services - - 51111JL.yl Illd I.vnlu)t ion and Recommendation 79-80-91 - food & (leverage Concessions I HOW Z11 A I Mull{ull /•;:.rA.,;...:-. Purchasing Agent CI,W./ Attachrd Ile re to YOU WII t Flnd once c!(1py of Inch bld recel.ved.' You - arU re(1u(J4LUd Lo c!Vallid LU Llle bi(IS (Ind subnllt your recommendation For the )Ward to Lhis UffICU , as 80011 fig' 11o:8st1>ie. Wc, h)VU been In,ltructed by Lhc City M)nager to obl.al.tl the fal.towtng Information to be )ddud to the momoralld(lm for joint recommendation of the Awol•d of 111d and Ru(ILIest for RUS0111L 1011 Wh Ich Is p►-USetlLed to tI1C City C01111hisslon eaell Li.I11C a b1d IS. LU be l%Mvdud: Why Z. regular purchase, emergency, roplacQMlr.ot, etc. ' (low funded - hond, ropl)cUMient fund, Federal . Crand, current operating Budget, When - Ul•goil('y or u(IlllpmullL I101,!dwl, iOilg r1111I,e phillilillg, CI11urgency, Mitre - Win dIVisIoil III, Ilig e(Illlpmallt, piQr.e of cqulprlwnt uSinf, iLem, (IOW Usud - Itepi)cualent part, training, opeL-11L Inn of Motor, eLc, Coll Lray.t - PCVIod of LiMle included. ThorefI)ro, When rcl uI'll IIII,, your evaluat• loll and I'v('0nllnendat loll to this (11fICe, I)I(!il:ie III0111(Iu MH molly of Hill above ftl(:ts 11,4 1osgiblu, So Chat Wo may Inrnrllornlo 010111 in clot' AWM'd of BW and RUyIIUSL for ReSo.tutiull nu11101')rld(lm to Lilo City M)nal,er. If till, i:; 1'c!111acenlUrlt. e(IIIIIImL-11L, plUMIC l,Ivr jllstiflclltioll for 1'1JI11m.vilwill. nil(:II as wor11-alit , (Ibsoloto, SWIe11, al.c. Ahso gtvu locaL.I'UIl Whol'V LIIQ o(Itilpil1(!IIL W1.11 ha lltil!d. AI.Di : an "SUPPORTIVE DOCUMENTS FOLLOW" �RCI W �I�V�.6MMI.wteavxr� a r •+..• r .., v .•.::: n._.,_.:.:.. •.. .... . f' i ( t Pit 6013MIT BIDS TO: CITY OF MIAMI, FLORIDA Office of the City Clark INVITATION TO BID 3500 fan American Drive TERM CONTRACT ' 11,0. Box 330708 Bidder Acknowledgment Miami, Florida 33133 Page 1 of TELEPHONE NUMBER MAILING DATE (City) BID NO, ' pagt's 579-6380 June 18, 1980 79-80-91 Bids will be opened BID TITLE Food & Beverage Concessions for Leisure Services July 9, 1980-10:00 A,)1 Reason for "no bid" and may not be withdrawn Within ninety days after such date and time. ' All awards made as a result of this bid shall conform to applicable sections of the charter and code of the City of Miami. NAME OF VENDOR CORPORATION OF THE AREA CODE TELEPHONE NUMBER DOR NO, FAATE OF: M/A MAILING ADDRESS tI c tr nnr, VENDOR MAILING DATE: —), V CITY -STATE -ZIP / DOGU ^n /n� (' 1 � 1 j+ .� (� + 1 N � O CERTIFIED OR CAPIIER'S CHECK Ok BID BOND is ATTACHED, WHEN REQUIRED, IN THE M10UNT OF f F l CWF,Iy fit,]( tins h4! K mdd,' ,7,fhnnl poor nndPrs Urld,rry, aJrcPrne„f, or conncchon ,:•,rl, ,n,y rnrunr,rh"„, r...... a person sr,bn„ttmg a'h,d for OIL' ' - AUTHORIZED SIGNATURE (Manual) s.)nl,' r„dh•rh,'f. 1111`phes. nr '•ulrlvll ,rn,r ,.s wall refpec is lair and tvallent Collus,no nr fraorl. • I adore fit hV •ill ro,ahhons of Oils b,rl and Ccrhly that I am aurhn•ycd fo ny" this hid to, the,mldrr. AUTHORIZED SIGNATURE (Typed) TITLE GENERAL CONDITIONS BIDDER: To Insure acceptance of file bid, follow these instructions. SEALED BIDSt All bid sheets and ihls form must be executed structions pertaining to supplies and services, Failure to and submitted in a sealed envelope. The face of the envelope shall do so will be at bidder's risk, contain, in addition to the above address, the date and time of the bid openinq and the bid number. Bids not submitted on attached e) CONDITION AND PACKAGINGi It is understood and bid form may be rejected. All bids are subject to the conditions agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of specified hereon and on the attached sheets• this bid). All containers shall be suitable for storage or 1. EXECUTION OF BID: Did must contain o manual signature shipment, and all prices shall include Standard com• of in Iwlhoriled representalive in the space provided above. mercial packaging. The company name and vendor number roust also appear on Nach page of the bid as required, (If a vmidor number has not d)SAFETY STANDARDS: Unless otherwise stipulated In tk:en assigned to your company, contact this office) tht bid,all manufactured items and fabricated assemblies shall 'comply with applicable requirements of Oc. 4, NO BID: If not submitting a bid, rer,pond by returning this cupational Safely and Health Act and any standards -form, marking it "NO BID", and explain the reason to the thereunder. space provided atMve, Repeated failure to QLQte without sufficient Justification shall be cause for removal of the e) INVOICING AND PAYMENTI The contractor shall be su lier's name from the bid mailing list. NOT[: To qualify o respondent, paid upon submission of properly certified invoices to the city of Miarni at the prier stipulated on the purchase as hicider must submit a "NO BI D", and it must be received no later than the stated bid opening date and hour, order, less deductions if olly, as provided. All invoices shall bear the purchase order, Invoicing at variance With 7. BID OPENING: Shall be public, on the date and at the time this provision may subject the contract to cancellation. specified on the bid form, It is the bidder's responsibility to assure that his bid is cleliverW at the proper time and place of the hid opening, Bids which for any reason are not so . S. MANUFACTURER'S NAMES AND APPROVED delivered, will be. returner unopened. Offers by telegram or HQUIVALENTS: Any manufacturers' names, trade names, telephone are not acceptable, txdnri names, Information or catalog numbers listed in a specification are for Information, not to limit comiol-tion. 4. PRICES, TERMS and PAYMENT: Firm prices shall be The bidder may offer any brand for which he is an authorized quoted; typed or printed in ink and include all packing, representative, which meets or exceeds the specification for handlinU, shipping charges and delivery to any point within any ifem(s). If bids are iasrd on equivalent products, in Qirh: County. Bidder is requested to offer cash discount for dicate on the bid form the manufacturer's name and number wompt invoice pvlyment. Discount time will be computed and indicate any deviation from the specifications. YOUR from the (fate M sillo factory delivery at place of acceptance BID, LACKING ANY WRITTEN INDICATION OF INTENT or from receipt of correct invoice at the office specified, TO QUOTE AN ALTERNATE BRAND, WILL BE Whichever is later. RECEIVED AND CONSIDERED AS A QUOTATION IN COMPLETE COMPLIANCE WITH THE SPLCIFICATIONS a) TAXES: Do not include State or Federal taxes not Ap• AS LISTED ON THE 1110 FORM. The D,visiat of Purchasing plicahle, to rnunieipalities. The applicable Tax Exemption is 1e ue notifie(1 of lily proposed changes in (a) materials (c) rwmher is shown on the Purchase Order. used, (b) manufacturing process, or construction, Howcwer, charities shall not he binding upon the city unless b) MISTAKES: (kidders are expechxl to examine the evidenced by a Change Nolrce issued and signed by the speuficalroils, delivery schedule, bid prices, and all in. Purchasing Agent. 6. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all Information requested In the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit with his proposal cuts, sketches, and descriptive literature and complete specifications covering the products offered. Reference to literature submittal with a previo-is bid will not satisfy this provision. Bids which do not comply with these requirements are subject to rejection, 7. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed In writing to the pur• chasing agent for receipt no later than three (9) days prior to the bid opening. Inquiries must reference the date of bid opening and bid number, 8. CON FLICTOF INTEREST: The award hereunder ie, sub ioct to all confIictof interest Provisions of the City of Miami, Dade County, and the State of Florida. 9. AWARDS: As the best interest of the city may require, the right Is reserved to make award(s) by Individual item, group of items, all or none, or a combination thereof, and on a city wide basis with one or more supPliers: to reject any and all bids or waive any minor informality or technicaiity in bids received. 10. SERVICE AND WARRANTY: Unless otherwise specified, the bidder shall define any warranty service and replacements that will be provided during and subsequent to this contract, Bidders must explain on an attached sheet to what extent warranty and service facilities are provided, 11. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not destroyal may, upon request, be returned at the bidder's expense. Requi sf for the return of samples must be made within ten (10) days following opening of bids. Each individual sample must be labeledln•ith bidder's name, manufacturer's brand name and number, bid number and Item reference. Samples of suc- cessful bidder may remain on file with the Division of Pur. chasing for the term of the contract, 12. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories, The data derived from any tests for compliance with specifications are public records and open to examination therein, in accordance with Cnapter 119, Florida StafUtM, 1971, Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid or purchase order may result in bidder being found in default in which event any and all reprocurement costs may be charyed against the defaulting contractor, Any violation of these stipulations may also result in: a) Supplier's name being removed from the City of Miami's vendor mailing list. 12. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at c1c5tination unless otherwise provided. Title and risk of loss or damage to all sterns shall be the responsibility of the cnntracl supplier until accepted by the ordering agency, unless loss or damage results from negligence by the ordering agency. 14. DISPUTES: In case of anydoubtor difference of opinion as to the items to be furnished herunder, the decision of the city manager shall be final and binding on both parties. 15. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be Imposed which would necessitate alteration of the material, quality, workmanship or performance of the Items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder tonotify the purchasing agent at once, Indicating in his letter the specific regulation which required an alteration. The city reserves the Tight to accept any such alteration, Including any price adjustments occasioned thereby, or to cancel the contract at noexpense to the city, 16. LEGAL REQUIREMENTS: Federal, State, county, and City laws, ordinance, rules, and regulations that In any manner affect the Items covered herein apply. lack of knowledge by the bidder will in no way be a cause for relief from reapon. sibility. 11, PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save,harmless the city of Miami Its employers from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented Invention, process, or article manufactured or used In the performance of the contract, Including its use by the city of Miami the bidder uses any design, device, or materials covered by hitters, patent or copyright, it Is mutually agreed and understood without exception that the .bid prices shall Include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work, 18. PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be Passed on to the City of Miami, 19. CANCELLATION: All contract obligations shall prevail for at least 180 days after effective date of the contract, For the Protection of both parties, this contract may be cancelled in whole or in part upon the mutual assent of the parties. 20, EXTENSION t The city of Miami reserves the option to extend the period of this contract, or any portion thereof, for an additional contract period. Extension of the contract period shall be by mutual agreement in writing, 21. ABNORMAL QUANTITIES: While it is not anticipated, should any unusual or aottormal quantity requirements arise, the city reserves the right to call for separate proposals thereon, 22. ADVERTISING: In submitting a proposal, bidder agrees not to use the results therefrom as a part of any commercial advertising, 22. ASSIGNMENT: Any Purchase Order Issued pursuant to this bid Invitation and the monles which may become due hereunder are not assignable except with the prior written approval of the authorized representative of the city of Miami, 24. SUMMARY OF TOTAL SALES The bidder agrees to furnish the purchasing agent a summary of sales made under the contract at the end of each quarter, or as stipulated in the attached special conditions, If this requirement cannot be met written justification must be submitted with this bid. 25, LIABILITY: The supplier shall hold and save the city, Its officers, agents, and employees harmless from liability of any kind in the performance of this contract. 26. In Ilia event of an error on the part of the bidder in extending unit prices or et totalling Ilia extendnd prices, the unit price shall Prevail, except ~lien the bidder clearly states that the total price is based on an all or none basis. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CON. DITIONS SHALL HAVE PRECEDENCE, NOTE: THIS SKEET AND THE ACCOMPANYING BID CONSTITUTE AN OFFER FROM THE BIDDER, IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED BY THE CITY OF MIAMI, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS SIGNATURE HERETO, AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN THE PARTIES. THE CONDITIONS OF THIS FORM BECOME A PART OF THE WRITTEN AGREEMENT BETWEEN THE PARTIES, AND THE CITY HEREBY RELIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN, CITY OF MIAMI By: Arthur L. Mullins Purchasing Agent (Date) #IP-BTIV Contract/Purchase Order Number MCl /� Effective__ 1 Inl _� n/1 9nyT; Fn1 i nw, Legal Advertisement Bid No. 79-80-9.1 Soiled bids will be received by the City Manager and City Clerk of the City of Miami, Florida no later than 10:00 ABM 4-1 July 9, 1980 for furnishing Food and Beverage Concessions for the Department• of Leisure services in accordance with detailed specifications available upon request at the office of the Purchasing Agent, Purchasing Division, 3318 Pan American Drive, Miami, telephone 579••G380, The City Manager has the power to reject all bads and readvertise. Josoi) i R. Grassle City Manager i CITY OF MIAMI# FLORIDA #;4 REQUISITION FOR QUANTITY REPRESENTS DEPARTMENT 1� ADVERTISEMENT FOR BIDS REQUIREMENTS FOR MONTHS Cr+ v r'• r eon DEPTJDIV Leisur s Services ACCOUNT CODE :-70-101-690 _ 1 BID N0. . 711-80-91 DATE —JU11-PJ-6-,V 30 '�� PREPARED BY A -Ina tial L PHONE 579-6380 Z I CODE I ITEM DESCRIPTION QUANTITY I PRNGE I AMT Food and Beverage Concession for the Department of Leisure Services ATE DATE/ DATE DATE DATE DATE AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT t. BIDS TO BE SECURED FOR �001 Food and Beverage Concession for the UeparL•ment of Leisure Services 111.) 19�U FOR THE DEPARTMENT OF: V.) of 0 N O N c► ►+ LL1 Leisure Services -�• c: c m W L`) v .= ADVERTISE ON J LL) Gi) C itmW9,1980 U BIDS TO BE RECEIVED ON • 1 TOTAL 1 Ju y 9, - - .STIMATED COST: APPROVED BY: j CONTRACTUAL: $ INCIDENTAL: $ 1 0 0.00 DIRECITOR, JOF ISSUING DEPARTMENT TOTAL $ 100.00 Its �_ ,OURCE OF FUNDS: DOCUMENTS-____ 1'u br filled ►rf by -MLLOWY? .' _:XPENDITURE CONTROL: yr , ;� ' FUNDS AVAILAULE FOR PROJECT INVOLVEb `! �/ �' ' 7"r""-s i EXPENDITURE CONTROLLER F''ROJECT CODE AD CODE„ %�i�':.• i• 7�• C0I11EN TO: I'wcbusimg (6 S.) - City .Nurrager - City Clerk -•!i.> 01diture (:"fitful - Issuing th-Partmmi - Ulber A/jeeted Department D OR" NO 1041.11t;v 14 WHITE GREEN PINK CANARY BLUE GOLDENROD 1 --.CITY OF MIAN, FLORIDA REQUISITION FOR M-ANTITY REPRESENTS OEPARTMCNT ADVERTISEMENT FOR BIDS RkQUIRFMENTS FOR MONTH• L J DEPTIDIV 1•'•ltsur•c Serv.tc+�,� ACCOUNT CODE 'Q BID NO. —DATE y PREPARED BY PHONE 5%%: CODE ITEM DESCRIPTION QUANTITY UNIT Am PRICE _ 1 2'acc: 1�,11a f;.:verrt;;c: GcI'.c'_atnio�l for tiltl 1,"wpartnt2ric 1i ' J . LcJsur ,,ar.v:i.ccs "SLJPPORTIVE DOCUMENTS FOLLOW„ TOTAL BIDS TO BE SECURED FOR Thor: and I eworageu Cuncusaloll . for tha Dvpr:rLmcnt of Lcicure 5ars•1cst� FOR THE DEPARTMENT OF: Lelouru Se rviceis ADVERTISE ON Ji,a�1? ,1784 BIDS TO BE RECEIVED ON July 19.1.,to STIMA T ED C05T . APPROVED BY: CONTRACTUAL: g_ INCIDENTAL: s DIRECTOR OF ISSUING DEPARTMENT TOTAL S 1�ii1.1.'J .DURCE OF FUNDS:.--•-•------__.___._..__..._....__.__�__...._- __.__...� ..._..__�.__.._._.__�__�_.-_ u bo /illcd to by r .%PENDITURE CONTROL: FUNDS AVAILAWLE FOR PROJECT INVOLVED_ ;_,' EXPENDITURE CONTROLLER PROJECT CODE AU CODE COPIES TO: Pu►chaaing ((jrg.) - City .Manager - l:ily Cl vrk-!:Apvnditury Control - Issuing 010111jinrt - Other A/Jrckd Departmept GNM N0. IOU - HCV, 74 WHITE GREEN PINK CANARY BLUE GOLDENROD S• CITY OF MIAMI, FLOWDA INTEROFFICE MEMORANDUM- � ro A. L. Mullins - UAEE June 9, 1980 FILE; Purchasing Agent 3UE,jL0 Solicitation for Food C/jfG�4� and Beverage Concessions rEE.nE AIDed, Director aut:wcrir.rr, Department of Leisure Services , E.riCAAM1,111ILS, Encl.osc:Q please find approved proposal for solicitation for food and beverage concessions in a number of.City parks and playgrounds. 2 am requesting that you arrange the necessary advertising and solicitation at your earliest convenience. Please contact Kirk Hearin, 3400, if you require additional information. Your cooperation is appreciated. AIIII/Y.DII/dw encl. D 0 C U nV"` E:N 'TS FOLLOW,1 mon { i1 CITY OF MIAM1. FLORIDA . r � � ' � � � 1 11II + INTER•b�FlCE Mlim"8E4NDUM ,•;,3 �J �r. Z;Ja ,TO *Joseph R. Grassie il + 1 DATE. May 16, 1980 FILE. City Manager sur3�rCr Approval of Solicitation for J�j4utirec Food and Beverage Concessions EiO,to REFF.FtENCLS , Y + Department of Leisure Services eNCLa�;ur+ra. Please find enclosed a copy of proposed solicitation for concession rights to operate various food and beverage "SUPPORTIVE concessions in a number of city parks and playgrounds. These concessions include: DOCUMENTS 1. Twenty-one (21) -sites for a mobile food and beverage FOLLOW" concession, i.e., a trailer or tuck adapted for such use. The advantages of a mobile operation versus a permanent concession stand include its obvious mobility in setting up in the area of the park to accommodate the activities and the vacating of premises so no overnight vandalism or theft can occur. 2. Two (2) sites offering permanent stands which have operated successfully in the past, and to include rights to expand service in the park from a mobile operation. 3. Two (2) senior adult centers offering rights for a vending machine operation to include juices, yogurt, and light lunch -type items. 4. Two (2) sites for pushcart vendors. The Downtown Development Authority requested this inclusion for Bayfront• Park as part of a revitalization of the area. Solicitations for potential concessionaires for the aforementioned will be in the form of' nowspaper advertising, mailouts from listings such as the Yellow Pages, appropriate magazines, and anyone else requesting to bid. The term of the proposed concession(s) would be for a period of one (1) year, at which time the privilege may be extended on a month to month basis at the discretion of yourself, as City ONN Manager, upon request of the concessionaire. Consideration to the City will be in the form of percentage of monthly gross receipts or a monthly minimum guarantee, whichever sum is greater. The City, upon receipt of the proposals and bids, will evaluate and choose either the most advantageous proposals for the City, or may wish to choose to withdraw from its intention of establishing such concessions. Any recommendation for award of bid will be presented to the City Commission for approval. With ypur approval below, I will initiate the necessary action for the aforementioned solicitation of proposals and bids. AIIII/KDEI/dw encls. Approved: (C(� %�� " �G f�c'' ✓, Joseph R. Grassie City Manager "SUPPOR IVE. DOCUMENTS FOLLOW" Chris Covoleski 6504 S. W. 16th Terrace South Miami, F1. 33155 David Simmons .1317 N. W. 72nd St. Miami, F1. 33147 Larry `Canner Beverage Distributors 2200 N. W. 70th Ave. Miami, F1. 33122 i 1 Leroy Smith 73 N. W. 47th St. Miami, F1. 33127 Charles Kanter 8374 Beachwood Park Road Pasadena, Maryland 22.122 Nick Sakel.lariadis 239 S. W. 29th Rd. Miami, F1. 33129 n Bid No. 79-80-91 Mark L. Miller The Coca Cola Bottling Comp. 440.1 Ponce de Leon Boulevard Coral Gables, F1. 33146 Warren Rill 3841 N. E. 2nd Ave. Miami, F1. 33137 v,. Larry Williams 11.85 N. W. 47th Terr. Miami, F1. 33128 Jorge Artigas 2353 N. W. Flagler Terr. Miami, F1. 33125 M'Ichael J. Mancini, President Donald R. Richards AJita, Inc. 286.1 Florida Ave. 300 Cranello Ave. Miami, F1 33133 Coral Cables, F1. 33146 Calvin Reed George 11. Cunningham i 1301 N. W. 103,ht. #64 160 N. W. 62nd St. Miami, F1. 33� �1. 3� ��/ fami, Fl. 33150 DOCUMENTS gg FOLLOW", p '' 1.tnda l3ru � i.ssir Peter Calthu 658 N. E. 70th St. Pepsi Cola Bottling Comp. Miami, Fl. 33138 7777 N. 14. 41st St. Miami, F1. 33166 Curtis Jones Angel Fernandez P. 0. Box 1438 3620 SW 87th Ave, Coconut Grove, F.L. 331.33 Miami, F1. 33165 Peter Knapp Dorothy McDonald B. Peirr.e i Advanced Mecltcal. Services 578.1 Biscayne Blvd., Apt. #50' 13700 SW 62nd St. Apt. #113 2101 BrJ.ckell Ave., Suite 319 Miami, Fl. 33137 Miami, Fl. 33183 Miami; Fl. 331.29 John Skladoih Gul.11ermo Ruiz S. Charles Adams, President P. 0. Box 370474 800 W. 3501 Street Atlantic Concession Assoc. ! Miami, FL. 33137 Illaleah, F1. 330.12 1300 Stirling; Road ' Dania, F1. 33004 Barbara Resnick 1840 S. W. 93 Pln. e j Miami, F1. 33165 i Mort Messias 646 N. 1:. 70th Sr. Miami, F1. 33.1.38 Ann Maria Ilriston 5784 S. W. 59t1h St. ,Miami, F1. 33143 '1'llomas Boccie 13,984 S. W..90th Ave. Apt. 111111115 Mtamll, F1. 33176 Elan Fitch 10477 SW 108th Ave., Apt. #2143 Miami, F1. 33176 Elan Fitch 10477 S14 108 Ave. Apt. 02143 Miami, Fl. 33176 r .~ 4' Bid No. 79-80-91 Done S't•ewart Realty 8433 SW 1.32 St. Miami, rl. 331.56 Carlos Pasual 2540 S. W. 92nd Ct• Miami, rl. 33165 ' Jerome M. Wisberg Coconut Grove, rl. 33133 • Atlanta Concession Assoc. 6503 North 000011 Drive Dania, rl. 33004 13radly Orvieto 5500 SW 77 Ct. Apt. #314 Miami, rl. 33155 Angol Fe rnnndez 3620 SW 87th Ave. Miami, rl. 331.65 George F i.t:; Special. Marketing; Sales Mgr. Popsl Coal Cott I Lag Co. l'. 0. Ilex 520754 M.laml, F.L. 331.52 Cookl.e Coach Co. of Fla., Inc. Erick Connelly 488 N. W. 1.65 St., Rd. Apt, li51.2 -No. Miami- rl.. 33169 II. D. Ilowle 2950 S. Di: -;Le Ilwy Miami., F1. 33133 Allen Cohen 300 Grane.11o Ave. Coral Cables, rl. 33146 "SUPPORTIVE DOCUPAENTS .IFOLLOW" r BID SECURITY ,TE1A BID 79-80-91-FOOD LEISURE SERVICES JULY 9-1980 GATE BIOS RECEIVEb��_ BIDDER TYPE OF SECURITY AMOUNT FOR ACCOUNTING USE LARRY WILLIAMS 11R5 N.W. 1 '/, Manor Park 10- $60.00 MWII,FLORIDA 33127 ACADEMIA BASEBALL CARLOS PASCUAL INC. GraI nd Heights Park ML*11, FLORIDA 33165 % - • P5.00 13884 SW 90 AVE David Kennedy Park 7% - M—SnO Peacock Park 5% - $100.0 Suniland Park 6% - $125.00 Bay f !� r LEMON TREE ICES David Kennedy Park 18%-'$500.00 300 Granello Ave. Coral Gables, T1 33146 NO BID: Beverage Distributors of Miami, nc. tl SUPPOETIV DOCUMENTS FOLLOW Received the Oovr deNibod checks this day of 1 �� i0R ACCOUNTING DIVISION J.; J .,5013MIT BIDS TO: Offiew of the City Clrrk CITY OF MIAMI FLORIDA r 3500 Pan Anwrican Drivis ! INVITATION TO BID P.O. Box 330703 TERM CONTRACT . Miami, Fiorida'33133 Bidder Acknowledgment Page 1 of TELEPHONE NUMBER MAILING DATE IChty) 010 NO, n'tgi!s 579 - 63©0 June 1.8, 1980 79-80-91 Bids will be opened BID TI I'LE July 9, 1980-10:00 f\m food & Beverage Concessions for Leisure Services Reasod for "tic bid„ U'td mly 'lot be W ithdRlwn within iiniely days after such date and tittle , i All awards made as a result of this bid shall conform to applicable se11110ns of the MY let and code of the City of ha,ami NA.ME OF VENDOR A CORPORATIOPI OF THE -l'— AREA CODE ITELEPHONE NU.ABER VENDOR NO, STATE OF 0 o c c t 3c,� 3' 2..�9- ,L)e-r N/.� MAILING ADDRESS VENDOR MAILING DATE: VC fiil�r CITYSTATE-ZIP CERTIFIED Oa CAVIIEWS CHECK OR 131D BOND IS 31 ATTACHED, AMEN REQUIRED, IN THE WOUNT OF S , I 1. :nJr rr�� /t•r :his ere ,vr•u"r I -or oridn,,?p• I.... V c'Olua'i rU•, !h e': .'O :.r•.,,?.,,, ,.., M, J+.,, (qn 1101-fit"iq .I,lhrtr !pr :e4' S, h,nr „.,,r�„"ors c„ants, n• , ..... .•..r a+•; s „ „I •r>r. rrl,�r:po,lr' • AUTHORIZED SIGNATURE (Manual) r CVr!•,. nn nr !rJ'rai ! ,114•" ,• rh'•;y nl n)", l,r,.ln5 rtl !hn d+ J/r r rri.if !J"1 ,1•/f'ir:r,f.•rl r„ f',J,+!,i.: l++l lu• !I+„7'.•he!" AUTHORIZED SIGNATURE (Typed) TITLE r I �-^®��, `U�3r GENERAL. CONDITIONS �^ BIDDER: To insure acceptance of file bid, fellow th^se Instructions, SEALED SIDS: All hid sheets and hsis form must Ixe executed Yructions perfaininq to supplies and services. Failure to and 5uomilh)r! rn a -,voted crwelrme, 111C face rf the Ctiveioor! shall d0 so will be At bidder's risic contain, in addition to trieawvv address, th!' ch)le and time of the bid opcninq and the bid number, :lids not submilltd on anached O CONDITION AND PACKAGINGt It is understood and hid form may be reirctrd All bids are suhlecl to the conditions aclrv,!d Inat ony itern uliered or shlppdd as a ra;ult of this Specified hareon and on file alrached Shepts. bid shall be Saw tcutronf production model at the time, at hit; bull. All containers shall be suitable for storage or 1. EXECUTION OF BID: (!id must conain a rnanual sicinaturo sh pntrnt, and all prices Shall include standard car". of on oubiorima rrpr(!S rttafive in the ,pare provided ahovu, mere -al packaging. The, rompany narn,e and venrJrr, number must also acpi lr On each page of fh(! hid as rcnuirvd (It a vendor nurnhcr has not d)SAFETY STANDARDS: Unless otherwise stipulated In teen assigned to your company, content this office.) Ihebid,all manufactured deals and la Or ice led a55etllbl ie5 Shall Comply 'pith applicable requlrrmLors of Oc• 4, NO BID: If not W)rniftincl a bid, rerrond by relurning this cupafcanal 5,110y and Health Act and any standards farm, morkinq if "NO (lt()", and explain the reason in Ihp fhoreuncler, Spare providxi at:Ove. Repealed failure to cluole wilfioul Settler:nt iustificahOn Shall (xo wusp for removal of the e) INVOICING AND PAYMENT: The contractor shall w Supplier's mine Iron) Nip bid mailing list. Nor(-: TO duality PlJd oral Submission of properly certified invoices to the a5 a rc-,pond,?nt, bidder must Submit. "NO BID", and it 1711)51 City of Miami at the prlCeS Shpulatecl On the purthaso b? received nolater that) lhestafidbid opr•ningdate and hour. ceder, less doductionS if any, as provlow. All invoices ' ',hall bear the ourChOSO order, InvoiCinq at variance Willi 3, BID OPENING: Shall be puhlhc, on tthe dale and at in(! lime Ibis w-ovi5hn may subject the contract to cancel la SOecihrd On the twi farm. It i , file hictdcr'5 re5pomwitily to d',sury fiat la , hitl i5defvenvl of Thu proper linie and place Of file bid urxsunq. (lids Which for ;ray rcasnn are not w deliv(.-red, will bl) r0urncd unolx:ned. Offers by teuxlram cr S. MAN WFACTURVR'S NAMES AND APPROVCD HQUIVALENTS: Arty manufacturers' names, trade, nano'., telephone are not accepta Nie, lyanq n.1rn:Y, Information or catainy numtwr5 listed in .1 4, PRICES, TERMS and PAYMENT: Firm prices ;hall Le !'S)rcifCaliOn are for information, mI to limit cam tifion. l'' The 0idd,)r may offer any brarxl for s•,mc•h he i , an autnorited guohed, typed or printed in ink and +dude all packincl, handling, shippmrl charqus anti delivery to any pant w;ilh'rl reprowillative, Whim meets rr elcma5 the Sp,.•cificallon for Dory! County B+tider •, rt•que,iled to offer 05h r-IISCOunt for any ifem(s). If Uld. are NISW On oci i!d!ent proaucts, in. cLcdte rvi the bid (arm tftr, manulacur Cr's name and nurnhcr 1rOmOf inVOiCr! Ial'rinCnf D+',COIJhf tint,! will bQ CAfnputeCi ; from me date of salwac.lory aclrrery at place of acon)lonce and ioel,cafp any de'Ilahon from the ,oeca,Lahons, YOU17 1311l, ANY er from recHipt o1 correct invoice al the oth(l? specifie(t, LACi:ING WRI TTQN INOIi AT ION (jr. INTENT TO QUOrlE AN ALrrir�'fArc BRAND, WILL BE vAuctevrr is laler. RCCt:I%'ED AND CONSIDERED AS A QUOTATION IN a) TAXES: L-) (.)I inpurlr ",late or Federal to-i-, not rip. CO ,,hLGTf: COMPLIANC.1: WITH THE: SPEC(r-ICATIONS Asl.ItiTt:DON rt4E fUD FORls The D-v+S,onat Purchasing pl+rable to munir.ili,ilows -im! iippl,cault' tart F.xenipfirxh is to he nnLf,,:•d cif any proovnil cnange5 n cal materials number is Shown on Inc llurchaw Order, tr,,lo, (fit trianulartur,ru Process, : ()roc s, ar (c) construction, WfAISTAKE5: n+dch?rs are etoochat to e,iarnlne, the flow'?•rer, changes shalt naf Le hm(lwq h)pon Im., city unless cv'd+:Iced by a Cnange Nohee issued and signed by the SD,)Cik,111005, uelwpry schedule, bits prices, and all in. Purchasing Agent. ( 1, INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit with his proposal cuts, sketches, and descriptive literature and complete specifications coverinq the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirenrtnts are subject to rejection, , 1, INTERPRETATIONS: Any questions concerning conditions and Specifications should he directed in writing to the pur. chasing agent for receipt rlu later than three (3) days prior to the bid oporlmr). Inquiries must reference the date of bid opening and bid number. 8, CONFLICT OF INTEREST: Ttln, i'vard hereunder is subiuet to all confl,ctof interest Provisions of the City of Miami, Dade County, and the Stale of Florida. 9, 'AWARDS: As the best interest of file city may require, the right is reservoti to make award(sl by individual item, group Of items, all or non(.,, or a combination thereof, and Oil a city wide tlisis with one or more suppliers: to reject any and all bids or waive any mir}pr informality or technicality in bids received. 10. SERVICE AND WARRANTY: Unlcss otnerwise specified, the biddor Shall define any warranty service and replacements that will be provided during and subsequent to this contract. Bidders must explain oil an attached Sheet 10 v,lhaf extent warranty and Service facilities are provided. 11. SAMPLES: Samples of items, when called for, must be furnistled free of expense, and if not cflstrovca may, upon request, lie recurred at the bidder s expense; Request for the refurn Of samples must be made within ten (10) days following CDeninq of bid,.. Each individual Sarilple must be lat)Ood-wilh niuct-ir's name, manufacturer's urincl nan+e and nuinL`er, bid nurnbdr and item reference. Samule,. of suc• cessful bidder may remain on file with the Division of Pur• chasing for the term of the contract. 12, NONCONFORMANCE TO CONTRACT CONDITIONS: Itonls may be Ie"od for compliance r,ittt SpeCifiCatiOnS under the direction of the Florida Oc+parrment of Agriculture and Consumer Snrv,c,!s, or uy other arDmpriate testing laboraloril.n. The data (j+!r.ved from any tests for compliance violh scrtification5 are public records and open to examination thereto in accoroanr.e'with Chapter 119, Florida Statutes, 1911. Items delivered not conforrnmq to SpecificatianS may be reieclod and returned at vendor's expense. These items and items not delivered as per delivery date in bid or purchase order may result in bidder being found in default in wniCh event any and all reprocurement costs may be chart► d against the clefauffing contractor, Any violation of'these stipulations may alrn result in: a) Supplier's name being removed from the City of Miami's vendor mailing list. 12, INSPECTION, ACCEPTANCE AND TITLE: Inspection and aC<r!ofanr.ewill be at ai:shnafion unle55 othlnvise provided. Title and risk of IosS or damage to all items shall be file responsibility Of the contrart .t!pplivl, unfit accepted by the ,orderinq agency, unlgsS lo;, or-fanllge results from negligence by the ordering a+lency, necrositatealteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify thepurchasinq agent at once, indicating in his letter the spev:ific regulation which required an alteration. The city reserves the right to accept any such alteration, Including any price adjustments occasioned thereby, or to Cancel thecontract at noexpense to the city, id, LEGAL REOUIREMENTS: Federal, Stale, county, and city laws, Ordinance, rules, and regulations that in any manner affect the items covered herein apply, Lack of knowledge by the bidder will in no Way be a cause for relief from resson• sibility. 11, PATENTS AND ROYALTIES: The bidder, Without exception, shall indemnify and Saviu harmless the City of Miami Its employees front liability of nny nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpalented invention, process, or article manufactured or used in the performance of the contract, including its use by the city of Miami the Bidder uses any design, device, or materials covered by letters, patent or Copyright, it I$ mutually agreed and understood without exception that the hid prices small include all royalties or cost arising from the useof Such design, device, or materials in any way involved in the work. 18, PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period either by reason of market Change or on the pert of the contractor to Other Customers Shall Cie passed on to the City of Miami, 19, CANCELLATION: All contract obligations shall prevail for at least 180 days after effective date Of the contract. For the prOfeCh011 Of t.Oth parho?S, this contract may be cancelled in whole!or in part upon the mutual assent of the parties. 20, EXTENSION: The city of Miami resarvesthe option toextend the perleu of this contract, or any portion tnereof, for an additional contract period. Exterisic'm of the Contract period shall be by mutual agreement in writing. 11, ABNORMAL QUANTITIES: While It is not anticipated, should any unusual or aLxiormal quantity requirements arise, the city rt"rves the right to call for separate proposals thereon. 22, ADVERTISING: In submitting a prouosal, bidder agrees not to use the results therefrom as a part of any commercial advertising, 23, ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the monies v.hiCh may become due hereunder are not assignable except With the prior written approval of the authorized representative of tine city Of Miami. 24, SUMMARY OF TOTAL SALES: The bidder agrees to furnish the purchasing agent a summary of Sales made under the contract at the find Of each quarter, or as stipulated in the atloched special COnditiMs. I f this requirement cannot be niet Written i4lstification must be submitted with this bid, 2S, LIABILITY: The supplier shall hold ancf save the city, its Officers, agents, and employees harmless from liability of any kind in the pxlrtormance of this contract, 14. DISPUTES: Ili r meofany(Aul3tnrdifferencenfopinionasto 24. In til the ►toms to he furnwghird horuntU!r, the rb!cision of the city e. event of qn error on the part of the biddor in e.tendi, q unit prices or ill toiollin the edurldo-1 prices, the unit ricn shail manor er shall ire final and bindingon twth P i J parties, prn.ud, ,'.cnpt s.hen the bidder clearly siuros chef the total price 15, GOVERNMENTAL RESTRICTIONS: In the event any is based on un all or none basis. cil)vernmuntal restrictions may be imposed which would NOTE: ANY AND ALL. SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CON. DITIONS SHALL HAVE PRECEDENCE, NOTE: THIS SHEET AND THE. ACCOMPANYING BID CONSTITUTF, AN OFFER FROM THE BIDDER, IF ANY OR ALL PARTS OF THE 810 ARE ACCEPTED BY THE CITY OF MIAS11, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS GIGNAIURE IIFRETO, AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN THE PARTIES. THE CONUiTIUNS OF THIS FOR`J RECOAtE A i1ART OF THE WRITTEN AGREEMENT BETWEEN THE PARTIES, AND THE CITY HEREBY HFLIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN, CITY OF MIAMI By: Arlhur L. !.lullms Purchasing Agent (Date) ConlractlPurchase Order Number /� Effective S "l' P pn NTWE , UBMIT BIDS TO. 011iee of tit,! City Clerk CITY OF MIAMI, FLORIDA 3500 Pan American Drive / INVITATION TO BID P.O, Box 330703 TERM CONTRACT. Miami, Florida'33133 Bidder Acknowledgment Page i of TFLEI+HONE NUMBER MAILING DATE (City) 810 NO, 579-6380 June 1.8, 1980 79-80-91 Bids will be opened nbD Ti rLE July 9, 1980-10:00 r\�i Food & Beverage Concessions for Leisure Services Rnasori for "no bid" , al+d may not be withdrawn hv,lhnh ninety days after such date and tinho r All dAards made as a result of th,s bid shall conform t0 applicable SeCUOn9 Of the Charter and code of the Cfly of kliami ' NA%lE OF VENDOR A CORPORATION OF THE AREA CODE TELEPHONE-NUMBER VENDOR No. O C C ( STATE OF' 3c.h5 G 7,1 -4 MAILING ADDRESS VENDOR MAILING DATE: I + r L• CITYSTATE•ZIP CERTIFIED OP CAPOEWS 01ECK 04 BID BOND 15 312, ATTACHED, WHEN REQUIRED, IN THE AMOUNT OF S '•1`J�.�`C"..i� ! cr,t., ,•l,dl rhrr rrrl.s r,.nm .:•Nvrar; nor un,/,fl,,;, .:ya•nn,tait, nr�IC.N'v�f.'�•.h ex,nr,re� un a .,• : ;a ; r r•,r. ... ,, r, •,nil, s ,:nr"rNnq •,, n,d tv 1en AUTHORIZED SIGNATURE U.ianual) Will,- n,Nv, 14 t„nut.,•! rt• . pl —.. ^r1 dnd I- , ill •Pu:Cr '.ur .ind , ,:ltO•It „,h,r.• CU I;, of lr,i"il' r'l, •qy ill run,,,hotis of l/rt nod Jnr/CPT h1Y Nell I'jim.L/tfill, 'I'll to s Vn .... h a h/, pi,• r,,,hg. AUTHORIZED SIGNATURE (Typed) TITLE 0v�1yiL,i�� i GENERAL. CONDITIONS �'OLL01iU'y BIDDER: To insure acceptance of Cite bid, fellow ih^.se instructions, SEALED FADS: All bid sheets and thie loan must txe executed 5h•uctions Mrtaining to supplies and services. Failure to and Suorn,ttorl in a waled cfwelroe. 1 he itice rt the cnvulope shall do so will be at bidders risk. contain, in addition to the otiove address, th0 sate and time of the bidoominq and the bid n(jmber. Rids not suhmifted on attached C) CONDITION AND PACKAGING: It is understood and hid form may be reinclM. All bids are Sublect to the conditions aciregd fhat any item oliered or 5hippod as a result of this specified heroon and an the attached sheets. bid shaft ba new (current production model at the tines of Iles bid). All containers Shall be suitable for storage or 1, EXECUTION OF BID: (lid must contain a manual signalur,l ,hipmrnt, and all prices Shall include standard corn• of an aumcritrd Iopresentative in the,,pace provided nbOviJ, merc,al packaginq. The Company name and vendor number must also apl'car on each pnge of lho bid ai rmuirtxl (lf n vi:nclor ntirnh(,,r has not d)SAPETY STANDARDS: Unless otherwise Stipulated in been assigned to your company, confart this ofticu.) thebid,all manufactured itemsanafabricaled assemblies Shall comply ,vilh applicable requirrntcols of Oc• 1, NO BID: If not ruhmiffinrl a hid, rmoond by rofurninq this cupafional SMety and Health Act and any standards form, rnarkinq it "NO BID", and explain the rea ,on in the thereunder• space provided above. Repeated failuro to quote witthoul sulficii:nt justification Shan tie cause for removal of the Q) INVOICING AND PAYMENT: The contractor stwli be supplitY'S name from Ihe bid mailing list. NO I C: To quality paid unon submission of property certifiect invoices to the as a rcr,pondont, uicider must submit n "NO OI O", and it must city of Miami at the prlct5 stipulaNNI on the purchnsa+ be received no later than the stalaf bidoptningdate and hour• order, less deductions if any, ns provided. All invoices !,hall hoar thr+ ourcnas,e orcler. Invoieincl at variance wan J. BID OPENING: Shrill Le public, on file cafe and at the time this ProviSIM may Subject the contract to cancellation. specified on rho bid form. It is Inc biciclrr's responsibility to a•,surn mat hr, hid is de.livertxl at tho proper time and pl,ice or the bid (jtr:n,nq. Bids whini for any reason are not !u 5, MAIJI)PACTURVR'S NAMES AND APPROVCD Welivered, win be returned unolxened. Offers by teitxlrant cr EQUIVALENTS: Any manufacturers' names, h•acie non)t•s, telephone are not acceptable, brand nanies, information or catalog numLer5 listed in .I a. PRICES, TERMS and PAYMENT: Firm prices shall Lo soneification are for information, mf to limit comV.a,fion. The birld•!r may offer any brand for y,M-ch lie is an autnorimo quoted, lypct! or printed in ink ,Ind nclude all packing, representative, whirn meets or excmas the %ruxificalion for handling, shippm(i charcles and cfelrvery I0 any point within any item(S). If bids are hosed on ectuhwatent produCtS, in. Chld,e County. Polder is rt.•duc;terl to offer cnsn discount for dicafe 0n file bid form (he manufacturer's narne aria number toompt inv0u[e p,lyrnent De,COunf line! ',:ill be c.on"Imtecl from the date of 9ahstatlory delivery at place ncte)fatnctl and in7iCdie any devtation from the •,Oer.ilhciti0n5. YOUq Olt, LACKING ANY WRITTEN fNDICAT ION OF INTENT or Irom receipt (A correct invoke al me Office 5pr;0fied, TO QUOTE AN ALTERNATE: BRAND, WI(.L BE ,ehlich/;ver is lifer. RCCE:IV150 AND CONSfDEREO A5 A QUOTATION IN CO!,1Nl.f=TE CONAPLI ANC!: WITH 1'1•45 SPECIFICATIONS a) TAXES: On n)I include State or Federal t,)vgj not 10. AS LISTLD ON THE (1i0 FORM rho D,yrs-dn of Puretasinq plrcnble to rnun,r.,t tbt,eS ThV dpGhcau!e Tax Exemption is h) be nolif-cd of anv prooalwd cnanyes n (a) materials numhnr is Sh0•r;n nil the Purchase Uraer, mkw. Ibl monufacturmq process, or (c) construction, Huaw!YUr , changes Sha11 not be O-nd,ny Uron Ine City unless b)MISTAKES: O,dders are e.gtected to examine the evai,:ncvd oy a Cnange Notice issuua and signed by the Specifications. delivery schvuuite, L,d prices, and all in. Purchasing Agent. as net amount, free and clear of all cost and charges. MOBILE CONCESSION PI;I;CINTAGL•' 01 MONTHLY 6JONTIILY GROSS MINIMUM ECEIPT'5 G(lAEU1tJ'i'I"sU" PARKI Allapattah-Comstock lath Ave & N.W. 27 St. : Bryan Park 2301 S.W. 13 Ave. %/'Coral Gate Park .r----- -- - 1415 S.W. 32 Ave. •Curtis Park ._--- % ' 1901 N.W. 24 Ave. ,)David Kennedy Park - % $ S.W. 22 Ave & S. Bayshore Dr- 4 Dorsey Park % 1701 N.W. 1 Ave. d Douglas Par} ' 2755 S.W. 37 Ave. ✓ Eaton Park. - - % $ 6015 N.E. 4 Ct. Edison Park ----% $ 525 N.W. 62 St. Elisabeth Virrick Park °d $ 3580 Day St. ! Fern Isle Park - $ 1100 N.W. 22 Ave. Grand Ave. hark 236 Grand Ave. Grapeland heights Park ____ t $ 1550 N.14, 37 Ave. Kinloch Park $ 455 11.W. 47 Ave, Manor Park % $ 1300 N.W. 50 Streat Moore Park % $ 7G5 N.W. 3G 5t. /,/0 `• 0 Peacock Par}: 2320 McFarlane Rd. "SUPPORTIVE DOCUMENTS FOLLOW" Reeves Park 600 N.W. 10 St. Robert King high Park 4 $ 7025 W. rlagler. St. Roberto Clemente Park $ 101 N.W. 34 St. Southside hark 9. $ 100 S.W. 11 St. All of Above 4 $ PEI:MANT-I'MT CONCESSION STAND AND MOBILE CONCESSION v Morningside Park $ 750 N.L. 55 Terr. (Equipment available from previous concessionaire) ,./West End Park % $ 250 S.W. 60 Ave. (To become available 1/l/81) VENDING MACHINES ONLY (juices, yogurt, light lunch items, etc.) Legion Memorial Park % $ 6447 N.E. 7 Ave. (Serving mainly senior adults) Lummus Park % $ .403 N.W. 3 St. (Serving mainly senior adults) All of Above % $ PUSHCART VENDING ONLY ,/Bayfront Park 100 Biscayne Blvd. fresh sandwiches/ $ hot dogs/crepes sodas/juices % $ frozen yogurt/ $ ice cream popcorn/peanuts $ other (pl(Nise specify) % $ $ All of above $ -el �UUPPO TI Y E DOCUMENTS FOLLOW" i` Macco Part. S.W. 15 Ave & 8 St. ' Latin Food -snacks Cafe Cubano, etc. $ OTIMM Fool) AND SEVER AGE CONCESSION RIGHTS (may be rejected or accepted totally at the rii.sr_t atioti of the City) PERCENTAGE OF MONTHLY TYPE OF•' CONCESSION MONTHLY GROSS MINIMUM PARK ME Ft1:CEIP'r5 GUARANTEE 1_SLI NJ I L rJ- R P, 1< $ 1:1 2. $ 3. % $ 7. It is expressly understood that the City of Miami rt:serves the right to accept or reject any and all propO"a15, anti it is further understood, that acceptance of: any proposal and corresponding Agreement is subject to the approval of the City Commission- B. The undersigned expressly authori,;os the City of Miami to solicit and obtain information and verification from any source named in or in connection with this proposal. If Proposer is an lndivisual or Corporation: Signed, sealed and Jalivered on in the presence of: SEAL SIGNED ATTEST:� S F.AL ATTEST; BY: BY: i1SUpRORTIVE DOCUMENTS �vLLOyytt • 5013MIT BIDS TO: Uffico of life City, Clerk 3500 Pan American Drive P.O. Box 330708 Miami, Flotilla 33133 CITY OF PAIWAI, FLORIDA INVITATION TO BID TERM CONTRACT Bidder Acknowladymerit Page I of TELEPHONE NUMBER MAIL1N6 OAT c Icily) BID f•1O, banes 579-6360 June 18,' 1980 79-80-91 B,dS will be oualled f)I0 TITLE Foodll Beverage Concessions for Leisure Services July 9, 1980-10:00 A,�i Reason for "no bid" J•1d n`,1v not he wtlhdr,mm within ninety doi ,lltt'r , .,:n (fail! and time, All a;VJfdS Itl,lde :15 J WWII Of Ih,S hn1 Shrill C011ofin to JUi)I'01h I1! See I,o'•,s of Iho char ter and code of Ine (;,ty of "Jwm, �A :IE OF 1)EN?ID4 A CORPORATION OF THE STATE OF: AREA CODE 3 C` :� TELEPHONE NU?,'9ER �+ / -� •a . %f ..1 ��_ `/ENDOR NO. N / A I ;+IAILI:IG A35q_H;S VENDoii MAILING DATE: 13 • ' rSuj i'c' CITYSTATE•ZIP CERttFIE0 OR CASHICV-; r:-tE,;.0 ::'1'D C,%f,. ; ATTACHED,'AHE:I HE :UIRF.D, IN Inc A (U•1,T or S --)r,r. .. „,,, t„u•• Try; •„' AUTHOAIZEDS!GNAIURi 00inuatl ,,.. SL, ., ,..�; u.,•. ,. „ .n,! : , , :, ,: ;; 'e-r din: ,: ni�•Ir ,4 col. ,vn �•.,,, I ,; ,. ,. ro • r'n �. , u,s 0' tI•,n tNa :n,: Cer t•I/ that I : ,.iu tl,r.• .....I to ) I P, " .. •1 !nr ,n• , �,. r\umo uzED siGNATuR2 Typod) TITLE DOW0.1E 1. i v GENERAL CONDITIONS FOLLQWI'll BIDDER: To insure icceplance of the bid, follow those instructiuns. SEALED BI S: 1 I bid shcels ,1nd !ni•_, fOrm must m! ex6cut0d 'drUChons V,ortainimq to sul:ph,TS Ar.�; scevices. Fa,lurtl It: And SUUmIlt^'1 Ina sealed V1vVIOCQ, 1 N! f010 Of th4 •;ilvefC;)e Shall 0) so will Ue ill WWur'S ribt;, •Contain, in riddition to Inc at:o:e address, the ome and ritra: of the hidOpeninq and the bid numner. Rtus vrt submittcct on otracncd c) CONOITION AND PACKAGING. 1! Is undcrstc,Jd ara old form may he rem -OW. Ali bids oro su0ii.-O to the Con Wi!I ns Adrvv!<I t1i,1t mw Vern ell :r,:•;1 or 4,- I:,%d A3,1 r,•;.,,! el In.s specifiaa hereon and On tho altacr.ed she,as, t;,d sn.11l I:c nrw ,, of rent t,rO::vCt.'if mccol Al !:IQ fi:lle of 1h,S b,cll All rnnt,11ners •,hall 0J SJ,t,LyIG for stora0o Or 1. EXECUTION OF BID: Bid must cnnfain a mnlwif !-;,w1ofurc hiunl,•nr. antl all rlrl.(s shall Inca de standard com• fit an outtiorlted rnprnSrr,t.ltrve in the Space Orov,dect An4ve, Iller'cial packatpno. The COmminy came and vrnrlor n-.,mber nlu"t .)!SO onf:,mr ^rl f-ach pna(.,of the U,d as rcrulrfcl. (I I a v,:ndor numner hAs 1'31 d)SAFIM' STANDAROS: UWVe 'i C1h0nvEse Stipulated In t➢:en assigned t0 your compony, Co'11,1 t this office.) fill:hrtLalf milivito:furecl itomi.ind finricowd ossmoliei 511,111 ror+lply 1.IIh ipoticoUL•! r),luirerl(r,i5 Of O,:• 2. NO BID: It not •,ubmlltinn a bid, rmvond h•; rcturninel fhiS cUpel,Orla1 5nfery atld Ht:A1lI; :act Ann any standards form, markmq it "'•10 ElID", And f!•-plain Ine romon in the thureunder, spare Provided a1;4vo, R-nwofed foifure to rtr)ro wirtiout 'rt•.,! sufl,cn:nt it},thcatfm snail tr! cause for r,rmoval of t:le e) INVOICING AND PAYMENTI crntrarrcr ,bail Ca supolnr's name from Ine ui;f n i,liml fist, t10 r,^•: to (ivatly fU,cl timilt submisstrn of oropvrlY ref f ifi(el imo,ces t0 t'te i15 a rr',pr,tld)nl, hidtll:r must sUhlmt a "NO M G", ano ,t must city el !Alarm At I:1,! i:r1Cl••, '5f—J;dll`d U11 (ne pVrChG5l- .. IA! roce,vea n0 later IhAn Ihi., Stof-.-J hat opolinq daft: acd hour, (ti'cl,!r, ims coductOm, 1f on , as I:rov'iom. All myc,Cot, , !.nilll t,c,lr lei {i itcl,Oti" Ur•Oer, iovo-cinl of ', .11" 1nt',! S',an 3. BID OPENING: `'mall b,: miul,r, r11 fhi: c:,11,: ,11 d at the fifer. fnls provir'Im n:Ay suofo"t file o.11rAa to ca1,C011At,01) ';Orr.,f„ (l nn me ilia form, It is fhi? hiclrler's rasnonm,hiGty In a'.•,ure trot his hid Isar -liver -Al at the orrpltr tim" and'moceol !h- Uid ^^Cnhlg. Ends :.nir.n for any r-?mon ere not to ,, "AANUFACTl RUR'S ):A,',1::5 AtiD All k,20'/uD rlrl,v,:red, v:,ll b,: relurn,d unol:vrted• Offers ny telryrarrl Gr. U*OUIVALENTS: Anv n-,m;utJC1u'Cr'i' I!Jnt7•i. Iroo'? r.lmc• lele,pnme are not acceptaule• grand nan,c„ rnfornim,on o (a!A a , numcerS l,S10u ,If ., rortttralion are for u1lorrr;,,ticn, l.,! to 1•w.t :.tint.±tl,cn i. PRICES, TEWAS and PAYMC•NT: Firm t'rict!s shall ne Thewittlormayefloron'lhran'1t,)rv,r,,'ntit, ,',ot%auhtartl,:; quoted. typ,;U or prinWd ,n ink and induce all packet(:, re(wese( !•1five, µhH;n meet; Or •:,L C,tt,ort f !r f•ann1^1, ,h,poin1 enargne And d0livery to any point w0hal any If hill% are t>,lsld en r;;;v,,a'wlt prCiluc!S, ,n D'Irin Cmjnf,,. Rmcler ,b fl'UU C',f er1 fr) Oftor Casft cllscCVnt for drC:l1,: oil theb,d form 11•e mDnur:ltl,,, o's natl,e wo fi,,,w)or I,ro,•,pl invoice t:.l•imont. Dr.Ccunt limo volt to Crmt:ulocl and ,reT,t:ale any w,%,. atom frofn -ten ;nr t ;,it ins YCl_ri from me flat; of Sa M,faClOry (lel.very at place tit accep+ante MD, L•1(.t,)NG AN ',; wI TTr'I! t I..J':,t„ `: C: INTw1;T or from receipt of correct invoice AI the Gifice specdwd, 7.0 QUO TF AN 4;411:::NA'1: B.A!,p, .'1Lt. 13U v,tuchover is later. RHf.EIVE D %tit) (:011616L•'la-o Itl C0'API.T"rE t;0�1,N1.1: :'E: ',I!N •r,l•,:,r'Et'Ir'IC.'.r�0!,i a) TAXES: D-) ml ,nr.lvr:e State or Fem-ral to-^S not ao. ASUSU..DCN TIfE MDFp:`h1 11•' 1:-, S- not Pur_f,.wswq pI,CdUIe 10 municipol,t,nq. i hn avoi-c-into Tax Exenlpf,cel is tit (1e 1101A rd of .)n, V: or OSert Sr•, .: , n ta, n1•ltrr�;I:S numner ,s ioym oil Ine Purchast: Cfd C'r, S rRech It)1 R`anU 4)r tUrq"1 DrOb�i;, :f", .;I „t str'Ja Cif. ttc,s,:vcr. ;nangvs snoll rot h,! r •':I , "LGn Ir•,,; :,I, hies, b) MISTAKES: Bidders ate—I)1Xtd to tl.nmint' ten (•n1lr+ccfl by a C: am • ';.);, a r.5 , J .-a m;ncd r,/ Ire tiODULG:II�UnS, oov,ery So,t,dJ te. ,;.0 pr,ccs, onel All in. Puret•,ls,nq ,I.gort U 6. INFORMATION AND DESCRIPTIVE LITERATURE: rx?cef,sltalealferaffonofthe materwl,cualite,workmanshio Bidders must furnish all information requr,ted in flip, spaces Or performance of the items offered cr. this proo?sal prior to pl'Ovlded cin the bid form. Furftwr, as may bo specified thrlr dNivrry, it shall be the responsibility of the successful el%cm,here, each biddor must Submit With his propoSAI cuts, bidder Ionotify the purChaSlnyagent at Once, indicating in his sketches, and (1CSCr!011Ve literature and complete letter the specific regulation which required an alteration. specifications covering the products Wfored. Reference to The city reserves the'right to accept any such alteration, literature subm!tf!d with a previous bid will riot Satisfy this including any price adjustmrnf5 occasioned thereby, or to provision. Bids v^Ch do not comply wllh these requirements cancel theconfract at noexoonse to the city, are subiect to relmlfon Id. LEGAL REQUIREMENTS: Federal, State, county, and city 1. INTERPRETATIONS: Any questions concerninq conditions laws, ordinance, rules, and requialions that in any manner and specifications should or d,rer,fed in v;riting to Int, pun affect the items covered herein apply. Lack of knowledge by chasing aged for receipt ro later than three (J) days prior t0 the bidder Will in no way be a cause for relief from ret.pom file bid opening. Inquiries must reference the date Of bid. Sibihfy, opening and bid number. 17. PATENTS AND R01'ALN ES: Thp, binder, without exception, S. CONFLICT OF INTEREST: The aviard hereunclor is subiect shall indemnify and soya harmless the city of "Aiami its to all conflict of interest Fro: isions of Int., City of iAarnl, Dade ernploye^s from liability of any nature or kind, )relbaing cost County, and the State of Florwa. and exppmsm for or an account of any copyrighted, patented, or unpatenter) invention, process, or article rnarutactured or 9. AWARDS: As the cost interest of the c+,, may require, the lr;ed in the performance of the contract, including Its use my right is re,ervw t0 n1a,r av:ard(s) by in<hv:dcal item, grcuo the city of !,liami the bidder uses any design, device, or Ol items, all Or none, or a cow!,,nafwn Ihere,l• and on a city materials Covered by letters, patHnf Or copyright, it i5 wile Casis :,il!i ,:ne ,,,t nwre' su:,p... rr s Ill re;eLl my cInd all mulually agreou and uncerslood '1„'hoot excep•' ,Im feat the bids or '.Waive any minor riformial,ty or tvhnicaiity in bids bidtprtces shall include all royalties or Ccst arising from the received, l.Seof Such design, CeviCe, or materials in any way involved in the work. 10. SERVICE AND WARRANTY: Unless O!rer;v,5e Socc!fieo, the b,d<ner snail refine any v:arrenty service and IS, PRICE ADJUSTMENTS: Any price cecrease effectuated reviac-i,menls teat will be nrovwod during and Surs(gCwllt to during the contract oeriod either by reamn of market change this contract ©,ciders n1uSt p(plain Oil art attacked sneg! 10 Or on the part of the COn1f9ctOr to other customers shall be W,ttat extent warranty and service 1l,cilitwa are provided. passed On to the city of r,liaml. 11, SAMPLES: Samples of items, ,%i-en collca for, must be 19. CANCELLATION: All ccntract cul:gafions shall orovail for at fi,rnilhed Ire^ OI c• nomse. nr.cl if not C'!Stroo:,J rr:a•;, u:"nn least 120 clay" aflor effortive data Of the contract. For the r^T ^.Sl. �•: r^!urrn;l it lht? rivaer's ?xp4n.o. RPiue'St for the ;xcteclion of t:Qth Garr, ,, this COrlract tray re cancelled in ref Jrn of ,amcle5 rnust be made vntn,n !(,n (10) days whOleor in part upon the mutual assent of Ire parties. Iolltw'Inq opendlr of did" Ea:n andiv i:lval Sdn'wle must bo lair. ,?d :'nln uulaer'" nxr. , n•anufacturer'" cram name and 20, EXTENSION: Thecity of Miami reserves treci on to ex! end nunluer, and nuninor a'•q ilent of suc• the coricd of this Contract, or any corl:an !nercof, for an cessful biclgpr rn,ly ren•ain On file mfh fne Oivi5ion of Pun aldanccnal contract rericd. E.(tensicn Of the CJmtract period chasing for the t,?rm Of !me ccntract. small be by mutual agreement in ',vr;firg, 12. NONCONFORMANCE TO CONTRACT CONDITIONS: lt,:rfls 21. ABNORMAL QUANTITIES: While ,t is not entici:vted, w-11 re I,!"I r.0 ter under Inn snouw any unusual or atmorn'al quanfit'/ reau,r!.^,h: n'.S ariSC, direction of Ilan Florida GCp,lrlrr•ent Of Apnculturr and the city rc%erves the right to call !Of seporale proposals C7n"u n14f spiv to n", Or uy otter dpbr',oriatr testing tnerc,on. IACOra l,r!C;, Tre (I.]t.l d4r r. ,Y1 front are; lc5ts for cO n•�liattu? Wntn sneY,I,CatiOns are ❑ubl,c rc orC; and orlon 'O 22. ADVERTISING: Im submiWirg a pro;;:nal, o'pder atlrees not ,?tarmnal,on froref'o in occorOance wifn Cnaoler 119, Florida to use the results tneretrom as a part of any ccmmafclal Stalutc5, Iri I, Items d^lr;cn:d not con!ormir.q to cldvertlstng, ' spectftcatrorn,, may bo rejected and rrfurncrf at VCngoPS erpen"r, Tmese items and items rot deliver,.a as car detive!'y 27. ASSIGNMENT: Any Purchase Orcar issued pursuant to this alto in bid Or purchase orrcr may result in Molder Wing lcund bid invitation and Ire rnonles tvhicn may pcs:oma aue 1n ulpfalilt in welch ,?v.!nt any and all rpprocurem2nt costs hereuncler are not assiamicle except w.tn the prior vriften may to charq!vt against the, dgtaultinq ccintracfor. Any approval of the cwhorizoo representative of the City Of violaliom of thp;o %hpulifauis may il"o rcwlt In; Miami. a) Supplier's martin nonig remove(! from the City of Miami's venarr rn,1!linq list 24. SUMMARY OF TOTAL SALES: The oigaer mrce?s to furnish the purufasilx) agant a Summary Of San:9 maae UnaOr the 12, INSPECTION, ACCEPTANCE AND TITLE: Inspect,on and contract at the end of each gvarter, or as stiDulatdd in the acceptance Will t?q of q!.5tu+aw)m urle:,s 0lnerw,Se prov.cled. dltactteUSpeCtdl COn<LtirA15. if R»5 rCUVire^ti(lt Cannot ut? ntet Title and riSk of lo,',s or damage to all itnn••s shall tie Inc. wrillen justification must be submitted Witn this oi(l, reoons.l)itify of the rr,nfra!'t supplier until aeceptod ry Inn. crdorinq ag,vtCy, ides', IOc," or clamage results from 25. LIABILITY: The supplier shall hctd and Save the city, its rw!gUq!v+Ce py ter oraf?rrnci a;jtvicy. officers, agents, and untployees marmleSS from haoil,ly of any kind in file performance of this contract, 14. DISPUTES: Incao.-otanycoubinrcfifterenrp.ofoprnL;nasto fhr rwcili n Of It,e C11' flip Ilan" ig lu? IurntShcd ht?run<Irr, / 26. to the evav of ao error an rho pert of inn b,.idnr .n tl,lena u•+ managershall(:(:tiMll,tmdpin;NngomrAthp,lrhC,, unit @ices of m totalling the e,lerjc;f pr::es, i:+c 6tw prevail, e.ceaf whin lr+n b,ad�t clooriy cares tha„hc �Iat ;t,ce 15. GOVERNMENTAL RESTRICTIONS: In the event any ,s basoJ on an all or none r/lrernmental rrbtrirho(15 ntay pa unpred v;nich v;ouw NOTE: ANYANDALLSPECIAL CO.iDITIC`iSATTACHfD HERETO WHICH VARY FROPA THESE GENERAL CON. DITIONS SHALL HAVE PRECCDENCE. NOTE; THIS SHEET A140 THE AC( )'.!PANYI?:G 131U COttSTITUTE AN OFFER FRO`.1 THE BIDr,ER. IF ANY Oa ALL PAR IS OF I llE fIIU ,TREE ACCCPTED BY TtfE CITY OF L11At,11, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFi lit HIS .,I(tt•1,11lJitc HERETO. Attp THIS SIIALL THI!'4 CONSTITUTE THE WRITTEN ACMEE.'.IENT BETPi.:EM1 T?.E PARTIES, THE C07it)ITIUtJ:i OF THIS FORtL1 f'•ECO,JE: A P,1RT OF THE VOUTTEN AGREEi'.IENT BETV.-EEN THE PARTIES, AND THE CITY HEREBY RELIES UPON ANY REPRESENTAT IONS BY THE BIDDER AS ARE CONTAINED HEREIN. CITY OF MIAP.11 By: �+rlhur L, !,tullul•, Purr ivi-,,nq Agvrlf (Dalel Contract/Purchase Orch:r Numb UIR F—w�RI Y EIfit ctive DQCI I MM TS SLOW,: �+h as net amount, tree and clear of all cost and charges. ` MOBILE CONCE SION PERCENTAGE OF iMONTI1LY MONTHLY GROSS MINIMU11•1 PARK l.i?C.:1";T P'l'S GIIAI>AN'I'Eli Al lapa t tah-Coro tor. k 18th Ave & N.W. 27 St. Bryan rark _$ 2301 S.W. 13 Ave. Coral Gate Park $ .l•l15 S.W. 32 Ave. Curtis Park. 't, 1901 N.W. 24 Ave. David Kennedy Park s S.W. 22 Ave & S. 3ayshore Dr. Dorsey Park $ 1701 N.t'!. 1 Ave. Douglas Par}:. g $ 2755 S.J. 37 Ave. Eaton Park, o $ 6015 N.F. 4 Ct. Edison Park $ 525 N.W. 62 St. Eli:,ab6th Virrick Park $ 3580 Day St. Fern Isle Park: $ 1100 td.W. 22 Ave. Grand Ave. Park T 236 Grand Ave. Grapcl.and Height: o Par ; 4 h 1550 N.W. 37 Ave. Ki.nloch Park $ �. 455 N.w. 47 Ave. Manor Park :, $ 1300 tl.ti'!. 50 Street Moore Park +' 765 141.47. 36 St. i Peacock Park 2820 61cFar'lanc 1W. "SUPPORTIVE DCCU EIS ' FOLLOW" Reeves mark ►. $ 600 N.W. 10 St. Robert Kimg high Park 7025 W. ['laglcr. St. Roberto Clunentc Park $ 101. N.W. 34 St. Southside Park $ 100 S.W. 11 St. All of Above % $ PHRIMAIJl:NT CONCESSION STAND AND 111110 3ITIE CONCE ;SIOII Mor.ningside Park S 750 N.I:. 55 Ter.r. (Equipmcnt available from previous concessionaire) West End Park % $ 250 S.W. 60 Ave. (To become available 1/l/31) Vl ?;DING; WkCHINES ONLY _ (juices, yogurt, light lunch items, etc.) Legion Idemorial Park: $ 6447 N.E. 7 Ave. (Serving mainly senior adults) Lummus Park $ 403 I4.14. 3 St. (Serving mainly senior adults) All of Above % $ PUSECART VI IcDINIG ONLY Bayfront Park 100 Biscayne Blvd. fresh sandwiches/ $ hot dogs/crepes sodas/juices $ frozen yogurt/ % $ ice cream popcorn/peanuts $ other (please specify) $ 1,11 of above _ $ 1 . DOCUMENTS F U L LOW.' #0' Maceo Park S.W. 15 Ave & 8 St. Latin food -Snacks Cafe Cubano, etc. r OTHER FOOD AND 111-ATTj1GL•' C.ONCr111:;2ot! PUGIITS (may be rejected or accepted totally at the 4HGCt:aLion of the City) PE'RU- 1TAGE OF 1•101"rTHLY TYPE' OP CONCESSION IMONTIM GROSS b11t111AU.•1 PARK STTE R CI"1PTS GUAP.',UTE1 2. 3. S 7. It is capressl.y understood that the City of 1•tiami reservos tiro right to accept or reject any and all. proposals, and it .is fur.t110t: understood, that acceptance of any proposal and corresponding Agroemont• is subject to the approval of the City CO:rdiliGGiO:t. 8. The u::dercigncd expressly cu:Lhori ea the City of Miami to solicit and - obtain inf;ormation and vcrificati.on from any source named in :,t.• in connection with this proposal. If Proposer is an Indivisual or Corporation: Signed, sealed and delivoreci on! in the prusance of: ATTEST: S D%L SIGi•1E:7 BY: 1SUPrpRTl . VE SEAL pO GUMENTS FOLLOW?? r'.Y L] SUBMIT BIDS TO. 1 clrY of rnlArnr, r:1.o�InA c�rricFl3)I flit! City clllrl; INVITATION TO BID 3500 Pan Anu!riran Driv1 TERM CONTRACT P.O. Box 330108 Miami, Florida 33133 Bidder Acknowledgment TELEPHONE NU11113Er1 h1AILIN(; DATE fc,ty) 810NO. P.lye 1 of Junc 18,' 1980 79-80-91 Imiles 579�-6340 8,cls Will be dpunt!d 31D 1•ITLE rood trr Boverabe Concessions for Leisure Services Reason for "no b(d" ,r,ci r ay -lot Ue vrrUlrlrawl W,tllrn nu,cty days Wh,f , ii h datt• and tiou?. I All attards macho a% it tesull of lhii b-d sl:;bI conform to doolicable sectto„t of tliv gnat for and code of flit, Lily of !vlalrrti 3 !33 '1A'.fE OF VE ;� t; A COFRPL) ATION 0P THE AREA CODE rELEPMONE A;IJ',1wdA ltcl'1GOfi VCI, j STATE OF: MAILING ADDRESS + VENDOR MAILING DATE: LEI i:1T`r STATE -ZIP CE^n71=1EU Or? CaiMIER'S C`tECK OR 010 c•.'Ia „ I '� I F'� r�� I- 1. (\ • � ,� i 71-: AT TAC:IEs, •anlltl REWREO, N 7hE 140UNI OF 1, I r ,L. •1,-11 .1 s � .. „! .. rirJp••••n:, r'',l':pnf n' :a,y• . ,. r. r. „ r , ", ;nr` i' AUTtICAl ZED 01G-NATUR» ;Manuatj "., •e i:r�.rt ,.. nr r,, a of n,l t n .,•r,.,!. ,�.. ,nl.nfho r7 ,'I :J'..r>•,r,r er . •.1., llr„ i I i Ip,.t voti.t of Ill's nv ir;.l �'• , 1 feJf l.l,t ,'frill � ;,,f r•) \',J,� Ilia:! tl r r !!,.• ', i AU MORIccD SIGNATURE .Tyna:n TITLE I j�j �rt r ,0 V V V 1 EI j GENERAL CONDITIONS FOLLOW', BIDDER; To insure acccplancr of the bid, Ielloty those Instructions. SEALED PIDS: All 1?;c1 she^!s Ancl tr.i!. Inrnt w..oSl ;;. executed sh•Ilclions l:,?rfarr:•nq to e,ucabes and service:,. Fa{lure 'o antl SUbrnifln;l m a 5C,lled ':ilw el r: e. 1'ha fare ct the cnvel000 6na!I co So Will by sit biucter'S ri51i, , • rr'n4lin, in aL'tlif iofl r01nr? lr>T1t? aC1Uri?55, Itte Uate and hale of the bicl on,.ninq and Ine hid nuinner. fLds rvtt Submilttxl on all lcnt:l 000NDITION AND PACKAGING: It ;s unJcri:cot tut, l 1)if fnr%n may Uv rejectrx). All 1);ds oro subieet to Ine c0ndil-4nS d,lrrrtl It„lt any iloin al: wl or s: i,:; :d os a : )Sul! of leis Spocified hereon and on tt•.e oltached ',heels. Ind t•halt be a:urrunt preouc.l,,;n rnc<ej at Inc r;rllCt hr, N,W. All Conloirwrs ,rinll be S'.b1.1'Jle for itOr,t <p: ar 1. EXECUTION OF BID: flid muss ronj.irn o manu•1I sjnnottl0:" niun•cnr, inci all prrcci shall ;n<!';do st,lydorc coil; of nil ntithrritecl r,:pn!s,.rtlat;v0 in Ine , lane prOviagd ague:, n,.vr.,,ll p,1Cnaq ell The rrn, p:uPr name one) mroJr rtmllber r,iwo :,ii o rote•!-ir on uu,d. (If it ndor n m,•r has not rack pota go of ttte d aS rrovendor r, d)SAFU TY STANDARDS: Unless uinenvis(r sj,pulahXj i Gxm assigned to your cornpony, conl,)ct flits office.) h1e LHI• ntl nlanvl„rrvrvtl r!vrns an 7 t,rOr;Car2J aisvnt»,r0. ,timl roirip1•r •,tall applicable regjiretriills of Cc. I 2. NO BID: If not wtim11tim a bid, re!,;sond by relurn;nq tn'S curmt,onal Sif0hr and Health Act and any ilanoards i form, (narking it "1'40 C310", and cxploa) Nil, r,.alcn n the Iticrounder, sp,lre prrwiUr?d ,IboVe. Rt:lrlC,lln,l failure to q,nfe wlifllout sufl cleat ivsnhcati0n .trail t:a rause for r„r„pval of it.,, e) INVOICING AND PAYMENT; T•:a cunlractor shall Iv suetiln.r'S non„? from Inv bid rn•hi,nq h1tt t;:ire To c;v,tli!y 0"„itmWit p110 uU::+l.ubrtu.SOn of prepurlY ;f1t0;t70a In t:te clh; of ;,uarm it the price sh{lul,lfctl on Inv Purc^q5P 1 a5,tr1•:{:rrulr:ill,L'tatterfrm,f.von,rtn'YJ0ill and I•.!r,:r,vr:C'dnolalorthan flit! slotcvbid operlinr{d,ltV 111dhuur. r:;er, Ios'; cleducrions if any, os r'uwiot.:. ,Lt invo,res I ,11A11 Is'Ar It`e pu, cim!,,! uravr, Irtyo.t,nc) it '. P:'h1rG: ttltn 3. BID OPENING: Shall 1,0 {:ubl-r., on it,,) UM0 an.; ,11 tic till`, Ihi', provlSir+1 may sun,uct the :0111fact to canc01,11,011 1 ,uer,hed on Inq hid frrni. It i; tile, tpdder'S rv:S;:aisilhl;ty to a':Gur,•:hnt h.s hid i% d,rbvcY ill nt the proper rw,: and 0111.e Cl the but opjl,nq. (aids shirn for any re.i.,on ar,: t::J :.1 ;, ' ,� N , , 1.lANUhACTl1RERS :I•, ,1(c5 rtD AF F kOVr.0 drlr.urcd, will be r-Aurnr.1 until•:nCd. Gffr:rS oy fell.•;ram Or' I:QUIVAWi'NTSf An'r manufaclur:rs' allele„ Ir•a;1,? :,111, r. • lelt,prime are not alCCep!ablC. hrutcf rtJmC6, information or cofolJ;i nuntt ors :r;t:U .11 a fmr:liratmn are for inleffnaticn, rot to limit 4, PRICES, TEWAS anti F'AWAC-NT: V;rrn pr;cr s shall vo 1h,:uidA,:r may Eller ony orand for r,e :,1Ile :• an luL•lcr ;... Clutlh!,.l: 1•,pou or pruth:d in ink and intrude all p,lcic�nu, represenrafrv,?, wrnrcn mcul; Or ext,vns Ili,: hanrll,ny, Sh,00mq engr(r!•, ano cletiyery to my pi.nr '%deal an,,, i121n(S). II bit1', are Ivi to l r.,1 dl lL1rh! Count r itl rlplp",ti:rl h) OH!'r C•i,n diSCoun! for dit'.Ile Ul the bill f0r'111 tr0 ntar•ufaC! turo"s mane�•:•ntl nt,rn Ucr {,rompt invoire {.rrnn•nt Doo.ount Cmo roll n,1 cowridvo and IM'CONY any from : ,l ;ac,,�:,iLgr'h 1'!;l,•C from fee'tab' of -tmi,fact!�ry delivery al :orr ;r ocroWtince ) fill). L•tCriIPIG .FY Y. RITrEt1 +C;; .i RCN UP ID1T;;• cc from rompt of correct myo,cc o! tat: CHIC,! sfx'CitIO, 1C1 C,,UUrE AN ALTEi::N1%IE !?4A?ID ',ILL BE v,tlrr.tover ,s loler. illlCElt;f') AND CC>jS;6f.RI:.) AS ., C:O',1PI V t l: : ttl rll f li t: SPEC!:",C tTt:,'•:, a) TAXES: Co rol inr.hnl l Sl,l,e or Frr1,!ral la.,,:-. not ap t,ti I n r hD C.; t Hr: BID •';i:r',t 1 .. L' on .:' nurc�at n4 pI c.,we to n,urt C p,t1 L,•,, 1ve avoi,r.,wie ra. F. <.,mptir,l IS to 11e nnLl".1 ill .Illy l;r:; :;.1'•('1 J1:uul,' n ,., :i!er.;,.1 numnrr is ,no -own Or: fn.e i'urcrd',v 0,uc.' 0.00, 'L: n an,, 4la,rr.r ; ti r ,!rV'h0'+ Nr ,.rv,'r, clan ,: :,I n�� t :, .•, ut.w tr.. UI•r .nil, . b)MISTAKES: fl,dtl,?rs arc ..00ct,..I to C.atrlXv I1W ,.v��t�a'ccJ t.r 0 t:'ra�'�•;ti :,.:,C4 •...,t.. anJ ,p:ivtJ 01 :ne w txif,CahortS, tivlivorr, ,r:rvUur.. ,,.it ur41 all ;n- f"rola.vly ,gC•11. „t ..� 1, INFORMATION AND DESCRIPTIVE LITERATURE: necmilatealteration of the matrrial, quality, workmanship Bidders must furnish all information recluvrittld in the splcl; or performance of the itorns offered on this proposal prior to provided oil the bid form. Furhfer, As may by specified their delivery, It shall be the reSOlntability of the ,ucces,ful els!ivhere, vach bidder must submit :',tlh his proposal cuts, bidder to notify the purchasing agent dt once, inciicatinq In his Sketches, And descriptive literature And complete letter the specific requlalion which required An alteration, specifications covvrinq Inv products offered, Reference to The city reserves the'r,oht to accept any such alteration, literature submitted with a previo,rs bid wiil hot satlsly this including Any price auiusin cols occa;roned thereby, or to prOviSiOrl. Bids v hich do not comply vnlh these requirements cancel the contract at no expense to the city, are subject to rejection. 16, LEGAL REQUIREMENTS: Federal, State, county, and city 7, INTERPRETATIONS: Any questions concorninq conditions laws, orclin,ince, rules, and rrqulatton, !hill in any manner And specifications shruld be directed in v,r,frnq !o the pur• AtILO the items rovercd heroin 601Y• Ldckof kn0WIedge by Chasinq Iucnl for rece,pl I10 filter than Ihree (3) days prior to the bidder will it) n0 WAY Co a cauSe for rclitit from respon, the bid Opening. Innis/,es must reference hie date of bid sibility. opening and bid number, 17. PATENTS AND ROYALTIES: The bidder,.vithoutexception, 9. CONFLICT OF INTEREST: The Award rereuneer is subiect shall indemnify And saws narmfess fr,e city of Miami ifs 10a11 conthcrul interest Pr'ovisionriof the City of ;,5;ami, Dade ernployry s frorn liability Of Any nature or kind, inci%,ding test County, and the Stahl of Florida. - and expenses for Or On account Of any Copyrighted, pa!ented, or unpalenled rnvent,on, process, or article manufactured or 9, AWARDS: As file test interest of the city may rodu,re, the L,ed in the performance of the contra:!, including its use by right is refer•;L,�t to ni'lke as:ard(s) by indrntluAr item, group the city of ,Miami trio pidder uses Any cm -sign, device, or of Hems, all or none, or A comb,nahen therl:of, and on a city materials Covered by Ilttter5, pat?rtf or copynghl, it is wide :17sis '.,.,,th one or mare SUOp;,t.rs: to reject any dnd all mutually agreed Ind understood W,1nCUt excepticn trial the bids or waive Any minor informality or lecnnicality in bids , bid'OriCes Stall include all ,Oyaltiei Or Cost iris ng from Ina received. ' use of such design, device, or materials in any ;vay involved in the work. 10. SERVICE AND WARRANTY: Unless o!r.rr.'nse specified, the b,dnvr shaft 001me any warranty service and 18, PRICE ADJUSTMENTS: Any phi; 2 decrease effectuated rvolac•,men!S that will be orov;doid durirq and subsequent to during the contract period either by reason of markOt Change this contract Fidders mutt e.pfa,n On An a!'dcned sheet to Or an the part of the contractor to other cuStomaf5 shall 00 wmat extent warranty and Service (Acilifies are pro icied. passed on to the City of Miami, If. SAMPLES; Samples of iteml, :iron Called tor, must be 19, CANCELLATION: All conlractobl,oat;ons shall prevail for at lurrt,sred free ^f ,lt.".•'nse, ono it rot q'StrO:'M mav, ,::Cn -1cast I80 days after effective date Of the Contract. For the rnlceif, to ro'urrerl at fry; !;doer's icr !nv pr•Ote0por) Of Win oartics, Ir:s contract may t:c' Cancelled in return of samples must be rnode voth,n Ion (10) dipl wholoor in part upon the mutual asset' of the parties, follo;v,ng Cronino of c,u, EA:h inc.i'ri(}u•1I Sdrttplo must r,,? labored :':,fn t:+rc!ers n;,m,,, r•,JnufaCturer's CrAna nar•e Ind 20, EXTENSION: The city of ;Atanil reserves thecof:on to extend number, bid nurm)er atttj if::m rmorlfic,?. Sdmbres of sue, tree perioo of this cowract, Or any .Or!jon !nereof, for ar, cessful bidder n,n; remam on file N,,In the D vision of Pur• additional contract poricd. Ex!ens,On of the Contract period Chasing for the form of trp contract, shall be by mutual agreement in v,riting. 12, NONCONFORMANCE TO CONTRACT CONDITIONS: Items 21. ABNORMAL QUANTITIES: While it is not anti.:14tJtOd, filly Co 1,fstrrl W CnmCli,lnte ."On SpCCi!:Ca.''Jr-S ,_r;ter file Should Any unusual Or dCnormal quan,';I-i rooilre—eats arse, u,rechon of the f=ior,cA Deparlr ent Of Agr,culture and the city reserves thv rign! to Call for separate? proposals Crn;umr•r :ernco5. 0r by other a00f,pr,A:e testing there -on, laeora!,r„ !S. The ant.? wlrr:,x1 from any fr•5's for corn:,liana? Ynfif Are public rr.-orris and Open to 22. ADVERTISING: In submit!;nq A proucsal, bidder agreos rot rrarmnat,en thereto in accordance with CalaOter ill, Florida 10 use tip results therefrom as a part of any :Ommereial Statute,, 1971, Items delivered not conforrn,nq to advertising. ,peC,f,cat,OnS may be reicclod and rrharnctl At vendor's exponso, Tr•ese ill:ms And items not Coliwlr,.d As Lx?r delivery 22, ASSIGNMENT: Any Purchase Orcer 'Ssued pursuant to this -tlAle in bid or purcraSe order may result in bid: er cr?inq (cued Mid invitAhOn and the monies V r%iVI may become Cue In uefaull in v,hirn evert any and all rc•prccuramvnf coVs rereunder are not assignable except :':ifh trio prior v;r;lten may ;e Chargw Aria;nsi trip, dotaultirg Contractor. Any approval of the authorized representative of ,no City of violation of thew shoulations may also rrY,Ult in: Miami, a) Supplier's (tame bainq removed from trio City of M[ami's vendor mA,lintl list. 24, SUMMARY OF TOTAL SALES: The bicaer agrees to furnish tho pur'chasinrJ Agent a summary of saics made under the 13. INSPECTION, ACCEPTANCE AND TITLE: lowectirm and contract at tho end of Qacn quarter, or as stipulated in tho accebtlnCe will he At de.•,t,no!,dn unless Olherv;ise Cr0',i ed. alf ached spocial concWit:ns. It this reawroment cannot be met Title and risk of toss or ohmage to A11 Items snall lie the written jusliticallon must be submit:ed elan !his oid, rp,imnS,bility of the contract SUpplu!r until accepted by the crdrrrnq Arfunry, units Io,s or damarge results from 25. LIABILITY: The supplier shall hold and save the City, its rx:gligt.nce by fife orderrnq agency. Officers, agentS,And empfoyvesharrmessfrom liability Of any kind in the performance of this contract, 14, DISPUTES: In c,rrl �ol Am; W?ubf Or t6ffcrmlr.r. of op:nirn a, f0 the ttrm9 to be Iurn,shOtl torundor, Ito ct,leis,On Of the city 26. tr ilia event of an nno, on fro pan of rho 6. aar m o■te tc•rq manAr1,? rShdlllt?finolandhindingOnbOthp,frhe5. unit nncas or ,n totalling fhv :r.cas, ' n,b:ndal t•c unit prevail, ■eept wieen ti,v b,n'oe elole! Slat t t Y es Irma to o oill o:,cc 15. GOVCRNMENTAL RESTRICTIONS: In the O'+enf .thy ,s based on fin all of none bans. gn:ernrnenfal rerlrictgrAs may be unposed v;nicn would NOTE; ANY AND ALL SPECIAL CONDITIONS ATTACHro HCRETO WHICH VARY FROM THEE GE`JERALCO`. DITIONS SHALL HAVE PRECEDENCE, NOTE: THIS SIIE:ET AN THE ACCO %1PAt.,YINC. 2 1 D COP:STITUTE AN OFFER FRO.'A THE BIDDER. IF ANY OR ALL CARTS OF TIIF RID ARE ACCEPTED BY THE CITY OF l,IiA\ .II, AN .1UTHORI:.'F,0 REPRESENTATIVE OF THE CITY SHALL AFFIX HIS Slri:I,\itJRF. IJiiRE10, AND THIS SHALL THEN CO`JSTITUTE THE WRITTEN AGREE!,tENT E T1',EEIJ Tric PARTIES. THE COl:;)ITICIPJS OF THIS FOR%I REC,)%IL A PART OF THE VIR(TTEN AGREEt,IE,NT 8ET', EE,+J THE PART)ES, AND THE CITY HE:HEBY RELIES UPON AiNY FIEPREGEiijrATIONS 8Y THE BIDDER AS ARE CONTAINED HEREIN, CITY OF NIW'ill By i.rt1..,r L. '.lulluts Pwchgseng A�nnt (WILT Connect PurchafeOrder Numb: I` ,E Efftft:t,ve TS as net amount, free and clear of all cost• and charges. ` IIOf3IL1 C011Cf:5S10111 PERCU;TAGN OF MONTHLY mottrrilL'i GROSS rliiiIi•IUM PARK R17CE1.f"115 GiiARAIITf.,E � A11 Lipat tall- Coll, s toCk i 18th Ave & iJ.W. 27 bt. Bryan Park c 2301 S.W. 13 Ave. Coral Gate Park L 1,115 S.W. 32 Ave. Curti n Park _Y 9 1901 N.W. 2-1 Ave. David f:ennedy Park S.W. 22 Ave & S. f3a.ysliore Dr. Dorsey Park ? 1701 N.W. 1. Ave. Douglas F'ar}:,_-- 2755 S.W. 37 Ave. Eaton Par}: _ °° $ 6015 N.E. 4 Ct. Edison Park $ - 525 N.W. 62 St. Elizab6th Virrick Par'. $ 3580 Day St. Fern Isle Park .___ $ ._ 1100 11.I4. 22 Ave. Grand Ave. 236 Grand Ave. Grapeland heights Pal.'}: 1550 N.W. 37 Avo, V1.1110ch lurk _ ._.—L 455 N.W. 47 ;,Va. Ilanur Park t I _� 130U IJ,'ri, 50 Strcu.t. Moore Parr: L $ 765 N.W. 36 St. Peacock P,Ir' 2820 McFarlane Rd. `lsuo�oORTIV E DOCUMENTS FOLLOW" 1 fir"'"' • • Reeves Park 9, S G00 N.W. 10 St. Robert King Iligh Park R. 7025 W. Flagler St:. Roberto Clemente hark % $ 101 N.W. 34 St. Southside Park $ 100 S.W. 11 St. All of Above $ PlaalAtdl:ilT CONCESSION S'Cr1Plb AHD t•IOElII,E CO;1CI .1:iIOid Murningside Park L S 750 N.E. 55 Terr. (L•'quipment available from previous concessionaire) Vest E.nd Park 250 S.W. GO Ave. (To become available 1/1/31) VI•:11DINC MACHINES' ONLY _ (juices, yogui:L, light lunch items, etc.) Legion tdemorial Park $ 6447 N.E. 7 Ave. (Serving mainly senior adult:,) Lummus Park @, $ _ 403 N.W. 3 St. (Serving mainly senior adults) All of Above $ PUSHCART VENDING ONLY Bayfront Park \ L, 100 Biscayne Blvd. Z l�' 4 fresh sanch.,-i.ches/ hot dogs/crepes sodas $ a L /juices � faro;:en yogurt/ ice cream popcorn/i;aanuts % S other spocic'") All of above rISUPPOTi vE p ocuA,-INN -S FU I (D W., Naceo Park S.W. 15 Ave & 8 St. Latinfood-SnacE.s Cafe Cubano, etc. $ OTiIf::P FOOL) AIIl7 BINERAGE CONCESSION PIGIITS (may bo rejected or accepted totally at the di.scr(_-Lion of the City) PEP,CENTAGE OF IdON'THLY 'i'YPE 0I•' CONCESSION iIGtlTHLY GROSS 'IIIr11:11UM PARK SITE RECEIPT" GUAP;%L;TI::E 1. $ 2. 3. $ %. It is expressly understood that the City of i•liami reserves the right to accept: o:: reject any and all proposals, and it is further understood, that acceptance of and .proposal and corresponding Agreement is subjucL to the aL;proval. of the City Colrinission. 8. The undersigned expressly authorizes the City of Pliatni to solicit and - obtain .infonnation and verification from tiny source named in or in connection with this proposal. If Proposer is an Indivisual or Corporation: Signed, scaled and delivered on in the presence of: SEAL SIGNED ATTEST: ATTEST: BY: I'sUPP. TIVE DOCUMta,�`fr� FQ U- BY . 4. SUBMIT BIDS TO: CITY OF MIAMI, FLORIDA offico of tho City CI1 .r k 3500 Pan Anlnriran Drive INVITATION TO BID KID, Box 330708 TERM CONTRACT Miami, Flutida 33133 Bidder Acknowledgment Page 1 of rFLEPHONE NUNIBER MAILING UATE IC,ty) 810NO. P,Igi!i 579 —6380 June 18,11980 79=80-91 Bids well btl opened 810 TITLE July 9, 1980-10 :00 A%1 Food & Beverage Concessions for Leisure Services Reason for "no bid" iv I'd may ,tot be %%,widrJlvn evil hw Ilrlleh; days a1wr Stich date itid time. , All awards made as a result of fit,% bid 01,111 collfur/n to auphcable soct,one of the chat ter and code of Intl City of t,I,an i 1`44,UE OF VENDOR H CORPORATION OF THE AREA CODE TELEPHONE NU�ABER VENDOR NO, 11 STArc. OF T,emon Tree Ices"_ rlorida 305 666-8809 NSA MAILING ADDRESS VENDOR MAILING DATE. 300 Granello Ave. CITY -STATE -Zip CERTIFIED OR CASHIER'S CHECd OR BID DOuD IS ATTACHED, WHEN REQUIRED, IN THE AMOUNT OF S Coral Gables,rlorida 33146 'h.,! 'Ira 1•-.r a .�., .:, No,.,r nr.nr „reL•.5•,,, ,.,.� J.�n"viggrl. nr r, , ,� (, „� , ,ery rn n,,r!, . m n1-•eo1, 1 mo„ w"I ,r t,rl !('r :fir AUTHORIZED SIGNATURE Mlanual) acne, , dt!•d,1 , ,,,, ,.. ,n•! 1 •n ,-1, .r,. 'd..Yul .. Ilia„7 n90!I f",S bur. wrv,t,t7 Michael V Mancini d,,,r I ru, ,urrrrr• , •d n, , .q„ n,, t r ,r Ir, r! . .� ,., AUTHORIZEDSIGNATURE (Typed) TITLE DOC,U l i flLai GENERAL CONDITIONS FOLLOW " BIDDER: To insure acceplance of the bid, fellow these Instructions. SEALED BID All bid sheets and thi' for,,, must rA executed and submttrr!d Ina sealed ciroelope. T'he face of the cnvolope shall -contain, in addition to the above address, the elate and time of the 1.bic%nminq and the bid number. aids rot submilled on attached 'hid forril may he relecird. All bids are subject to the conditions specified hereon and on the attached shn0s. 1, EXECUTION OF BID: [lid mutt contain n manual signature of tin mithorlted reprcScr-tative in the smace province( above., The Company nanlr) and vendor number must also ant■`er on Poch pageot the b,d as requlrLd. (If a vendor number has not been assigned to your company, Contact Inis Office.) 1, NO BID: If not Submlffinrl i bid, respond by returning this form, marking It "NO BID", and explain the reason in the Space prf)vided nb,)ye.. Repeated failure to quote without sufficient juSfificallon shall txl cause for removal of the Supplier's nano! Irons the Vitt maill0r) Wd Nor(?: TO ouality as a rr,-,pondenf, bidder must suhmll a "NO Ell D", and it mull U., rer,eivedno fater than the st,d d bidoperling date and hour, 3, BID OPENING; Shalt bit, public., on ?tie dale Intl at the ulna Sper.Ilird on the hid form. It is the hidcler s responsibility to assure Ihaf his bid is defrverorf It theoroper hate and Plilce 01 hie bid op„n,nq Olds which lur my reason are not so delivered, will b,! returned unopened. Offers by tPlegrom or telephone are not acGemlable. 4, PRICES, TERMS and PAYMENT: Firm prices shill be quoted: lypcd or prinled in ink Ind include all packing, han(tjing. Shippmo charge,, and delivery to any 1)ainl within Dgrji? COurtfy• R,(Ic1(g is requested to of Nrr Cain d,Scouill for (oorlpl invoice, pr,m,tnt. Discount linte will he romouted from the deli! of son,,lactory delivery al pace of acceplance or Irani rpce,Ut of correct Invoice at Inc office Specified, wdllchgvl'r ,s filter. a) TAXESt Do not include State or t em)ral IWl not ap. pl,cable to nwn,cip,ll,tws. The avpl,caulo Tax C.Xemption nUmper IS sh(rivn On the PurcndSL' Order. III) MISTAKES: Bidders are v,pech.�f to examine the speclflcatlgns, dl;l,very schedule, Vtu prices, and all in. Sh'uctions mriain,ng to supplies and services, Failure to do so will be at bidder's risk, el CONDITION AND PACKAGING: If is understood and acirved that any stern oftcrm or shlpp;d as a result of Inis bid shall he new (current production model at the bale 01 flit,, blrl). All containers shall be suitable for slorage or shipment, <Ind all prices shall include standard cam• nua'rlal packaginq, d)SAFETY STANDARDS: Unless otherwise stipulated In the hid, all nlanulactured items and faoricoted assemblies shall r0inply 011 applicable requirenhLnIs of Cc. Cupallonal Safely and Health Act aria any standards lherounder, e) INVOICING AND PAYMENT: The contractor shah he m,lld UDOn 5uhmislion of properly certified invoices to Ill, Cify of Miami of flit? prices Shpuldfed on the pUrCf1(ISC order, less deductions if any, as DWY101M. Ali invoices Hall Isar flit, ourcnlse urder. Invoicing at variance Klfh this nrov,silx) may subject the contract to cancellation. S. MANUFACTURER'S NA„lES AND APPROVED EQUIVALENTS: Any manufacturers' names, trldo nanlLs, (Yatld nanll?5, information or catalog numbers I,5tea in a MIXIlication art, for information, flat to limit coni",hhon. Tho bidder may Cffer any brand for v,h-01 he is an autnor,ted representative, when meets or exCLrds fhI' ;G.Cif,colion for any iletn(s). If bids are Wsed en (XI--'alont products, in. dicafe on the bid form the manufacturer's nan)e Jnd number and indicate any (Mviation tram the SCVCiI,t'afi0f15. YOUR DID, LACKING ANY WRITTEN INDIC:,TION OF INTENT TO QUOTE AN ALTERNATE BRAND , Y;ILL BE REiCGIVED AND CONSID[dRED AS OTATION IN COMPLETE COM-PLIANCE: 'KITH THE: SPECIFICATIONS ASI.IST['D CN THE HID FORM The D,v,s on o? Purrhasing is to ue nnt,f,r.,d of tiny 1111000Seq chanims In (a) materials If,ecl, fit) rnanUfa(,tunnr) prua,Ss, Cr (c) ,-Or.Slruelion, KNOWt'r, chanrp,s Shall nil b,) h:nd,ng uocal lie L,ty unless cadenced by a Change K.N,ce ,slued and signed by the Purchasing Agent. 6, INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all Information requested in the spaces Provided on the bid form. Further, as may be snecitied elsewhere, each bidder must Submit With his proposal cuts, Sketches, and descriptive literature and Complete specifications covering the products ollered, Reference to literature subtttittM with a previo,)S bid will not satisfy this provision. Bid, which do not comply with these requirements are subject to rejection, 7, INTERPRETATIONS: Any questions concerning conditions and specifications should he directed in writing to the our. chasing agent for receipt no later than three (3) days prior to the bid opening. Inquiries must reference the date of bid opening and bid number. 0, CONFLICT OF INTEREST: The award hereunder is subject toallconflictof interest Provisions of the City of Miami, Dade County, and the Slate Of Florida. 9. AWARDS: As the best inn+rest of the city may require, the right is reserved to mexe award(s) by inclividual item, group of items, all or none. or a combination thereof, and on a city wide basis with one or store suppiiers: to reject any and all bids or •.valve any minor informality or technicality in bids received, ' 10, SERVICE AND WARRANTY: Unless otherwise Specified, the bidder Shall define any warranty service and replacements that will be provided during and subsequent to this Contract. Bidders niust explain on an attached sheet t0 what extent warranty and service facilities are provided, 11. SAMPLES: Samples of items, when called for, must be furnished free of exrv:nsn, and if not distroycct may, upon r"uo5f, be rnlurnnd at the n,dder's expense. Reau65t for the return Of Samples must be tmide within Im (10) da)S 1011OWing pp,tn.np of bids [ACh individual SAtnpu) must oil labehod L%On htddor's damn, m;mut4tturr,r , orand name and nufTiner, bid nUrtit)er did item r0orence. Samples of suc, cossful bidder stay rennain on file :vilh the Division of Pur• chasing for the term of ine contract, 17, NONCONFORMANCE TO CONTRACT CONDITIONS: Items may t:c hsttd for compnorcu Y;ith snec;hcat,ons under the d,recticn of tie Ffortda Ucpartmont of Aoriculture and Consumer 5wvir.es, or uv other Jopropr,ate testing Inooratorins The, data der,vod from any bits for Compliance witn Sprcificahons are pi.iblic records and Orton !o examination !nrreto in acrorcianre :vith Chapter 119, Florida Statut(3, 1911. itom5 delivered not conforming to soectlicahoni may he roir.<ted and returnM at vendor's expems). These itemi and iteins not delivered as "r delivery '6,ifo in bid rr purrhaso Order may result in bidder being found in default in .1,hich event in-/ and all rvorocureirfmt costs may be Charye(i against Inn, defaulting contractor. Any Violation of these %houlwich5 may also result in: A) Sucplicr'i namet being ti:moyed trom fee City of Miami's vendor mailinq list ' 13, INSPECTION, ACCEPTANCE AND TITLE: Inspection and aceepf rice Will be al rtr-,hnahon unless otherwise provided. Tito and risk of loii or damage to all ih)nti shall be the rosMnsibil,ty of the cnnfracf wpolier until accepted by the ordering Agency, unless loss or damage re5ull$ from negligence by the ordering agency. 14, DISPUTES: In case of any anubt nr difference of opinion as to the iletni to bo furnished herunder, the decision Of the city manager shall be final and butdinq on tinfh parties, , 15, GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imlx)sed which would necrositate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, if shall be the responsibility of tep successful bidder to notify the purchasing agent at once, indicating In his letter the Specific regulation which required an alteration. The city reserves thel'ight to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the city, r Id, LEGAL REQUIREMENTS: Federal, State, county, and city laws, ordinance, rules, and regulations that in any manner affect the items covered herein apply. Lack of xnowledge by the bidder will in no way be a Cause for relief from respon. sibility, 11, PATENTS AND ROYALTIES: Thebidder,:vithoutexception, shall indemnify and Savot harmless the city of ,1,liaml its eniplove4)s from liability of any nature or kind, inauaing cost and expenses for or on account of any copyrighted, patented, or unpatonted invention, process, or article manufactured or used in the performance of the contract, including its use ny the City of Miami the bidder uses any design, device, or materials covered by IAftars, patent or copyright, it is mutually agreed and understood without exception trial the .bid prices shall include all royalties or cost arising from the USeol Such design, device, or materials in anyway involved in the work, 11, PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period either by reason of market Change or on the part of the ContrACtOr to other customers Shall be Passed on to the City of Miami, 19. CANCELLATION: All contract obligations shah prevail for at least 180 clays after effective dale of Ine contract, For the protection Of both parties, finis contract may be cancelled in wholeor in part upon the Mutual aSSOntOt the parties, 20, EXTENSION: The city of Miami reserves the cotton to extend the oeric(i of this contract, or any portion !hereof, for an additional contract period. Extension of the contract period shall be by mutual agreement In writing, 11, ABNORMAL QUANTITIES: While it is not anticipated, Should any unusual or 1C;iormal quantify requirements arise, the city rtnerves the right to Call for separate proposals thereon. 12, ADVERTISING: In submitting a proposal, bidder agroes not 10 use the results therefrom as a part Of any commercial advertising, 47, ASSIGNMENT: Any Purchase Order issued pursuant to this btd invitation and the monies vfiicn may brcome due hereunder are not assignable except with the prior written approval of the authorized representative of Ito city Of Miami. 74, SUMMARY OF TOTAL SALES: The bidder agrees to furnish the purchasing agent a summary of sales made under the contract at the end Of each quarter, Or JS Stipulated in the allachedspecial conditions. If this requiremvitt cannot be met wt•ttton juStlfication must de SUbnlitted with this bid. 95, LIABILITY: The supplier Shall hold and save the city, its officers, agents, and employees harmless from liability of any kind in the performance of this contract, 24, In 1:te event of an error on the part of the bidder ,n extending unit prices or in 101alln+q the extended pri.os, the unit price $nail pntvud, e.cepl Mlien the bidder clearly slates that tha total price is based on an all or none basis. NOTE: ANY AND ALL SPECIAL CONDITIO?IS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CON. DITIONS SHALL HAVE PRECEDENCE, NOTE: THIS SiiF.F.'T AND THE ACCO'APANYIN(:, BID CONSTITUTE AN OFFER FROfN THE BIDDER, IF ANY OR ALL PARTS OF THE BID ARE ACCEI FLO HY THE CITY OF h11AP.11, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS 51ritlAFURE HERETO. AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BETWEEN THE PARTIES. THE C:ONDI iAUNS OF THIS FORM BECOME A PART OF THE WRITTEN AGREEMENT BETIIIEEN THE PARTIES, AND THE CITY HEREBY HELIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN. CITY OF MIANil By: Arthur L. ',twilini I'utchn%ing Agent (Date) ContfactlPurehaw Order Number Effective "CI IppnRT�\/�' chi I n1A111 " LEMON '.FREE ICES " ATTACHMENT " A " I. The Relation of -Our Bid Proposal to .Public Need: For the past two and a half years, we have been operating a highly successful concession stand that has become a "Grove 'Tradition" at David Kennedy Park. The unique beauty and function of this park has brought it nation-wide attention. Many commercials shown on national T.V. are filmed there. The park, as a center for health conscious, active individuals, has also been featured in several T.V. programs such as "The Phil Donahue Show" and "Good Morning America". Our "Frosted Lemonade" van.has, through the years, taken pride in fostering and maintaining the unique character of this special park that promises to be to Miami what Central. Park is to New York. Our van and the refreshing and healthy drinks we serve have become very popular with joggers, skaters, and the people in general who go to the park.111hc drinks have also become a favorite of the many public employees such as mailmen, etc. who drive by the park; on their way to work to say nothing of the school children who look forward to their after school treat. Lemon Tree Ices is the only approved food commissary in Dade County (Approved by. the Dade County Health 'Depar.tmont-) , and has been in business for five(5) years. We have all the necessary city, county and health department licenses, and we take pride in cleanliness, fair prices and in the wholesomeness of our products. "SUPPORTIVE DOCUMENTS FOLLOW" (r1 The "Frosted Lemonade" van has a special personality of its own that is computable with the atmosphere in the park in particular and with the Grove in general. This special personality is responsible for bringing additional publicity to the park. We have been written about in many newspaper articles and have recently been featured on the Ten O'Clock News by Marianne Murciano of Channel Six.We take pride in the fact that the pleasant and appealing van we use and products we sell are •in keeping with the intended public function and character of the park. II.Outline of Services: 1.In keeping with the health conscious character of the park, we serve only the finest quality items, which include the following: A- Cold Drinks- 1)Naturally Delicious Frosted Lemonade 2)Frosted Pina Colada Drink 3)Fresh Squeezed Orange Juice 4)Frosted Cherry Drink 5)Natural Apple Juice 6) Bottled Spring Slater 7)Mi1k. 8)Iced Tea 9)Coca-Cola-available for those who still crave the carbonated B- Snacks- 1)Vit•amin - enriched Protein -Bars 2)Pr.esh Roasted Peanuts 3) Potato Chips 4)Pop-corn C- Sandwiches 1)Ham and Cheese 2) TUna Fish 3) F,gg Salad 4) Chi.cken Salad 5) Kosher Hot Dogs rrSi lhpn U VV 2.In attempting to foster community spirit and a good sportsman-like I atmosphere in the park, we also provide band-aids,bandages,disinfect- ants etc. all FREE OF CHARGE. , III.Proposed Operation: Through our two and a half years of personal experience at David Kennedy Park we feel certain that this outline -provides a complete selection for the type of individuals who frequent the park as well as providing maximum revenue to the City of Miami. IV.Clo.sing Remarks: We would like to emphasize that with our association in this particu- lar park we are more able to accurately determine the revenue that can be generated. Therefore, this kid is based not on guess -work, but on actual experience that only we have. Enclosed are the signatures of just a small percentage of our happy customer.s.;,;e recognize that this is a special and unique park that demands a special and unique concession. wo feel that we have become synonymous with the atmosphere and character of the park and add that personalized friendly tOl1CI1 that larger more commercial concessions simply cannot provide. Respectfully submitted, "SUPPORTIVE DOCUMENTS FOLLOW LE�LMON TREE 'ICES michael J. Mancini Allan Cohen 'i I PROPOSAL FOR CONC:E;SS1011 RImns FOR FOOD AND BEVERAGE CONCESSIONS AS DESCRIBED BELOW Bid 79-80-91 TO, Office of. the City Clerk City of Miami, Florida ATTENTION: Department of: Leisure Services 1. The under.Signed 1101•eby makes a proposal for concession tights from the City of. Miami, I'lor.id.a, for. a E'ood and Leverage Concession as described below, for the purpose of saliing various foods and Lieverages of the "Snack Bar" type. Said concession privileges will be specified in a concession agreement t.o be entered .inL•o and between the proposer and the City of mianli, .if this proposal is accepted. 2. The proposed operation of th.is concession, in relation to public need and liecnss.i.ty, and its intended purl:ore, or related pr.op(?sal varying from those described hr_reirl, is to be descr.ibcd in the attached outline (Use your own format and label as Attachment "A"). 3. The concession agreement shall be for a term of one (1) year, after which time the concessionaire +,il..l operate as a tenant at: will on a month to month hnsi.s, for an unlimited time, subject to the conditions specified in the agreement. 4. The City reserves the right to require submission of the following documents: PERSONAL_ a) Personal Financial Statement b) Personal history roan c) Personal Income Tax Report for last three (3) years BUSINESS if: proposal is made, by an established business firm a) Balance sheet less than ninety (90) days old b) Current income and Expense Statement c) Business Income Tax Reports for last three (3) years 5. The Concession Agreement to be/entered into shall include, but not be limited to, other requirements as follows: a) Conformity to laws, ordinances and regulations b) Insurance Coverage in the amounts as designated by the Ci.ty's Insurance Manager and to include Public Liability, product Liability, and Property Damage c) Adequate accounting procedures d) All licenses that are to be paid by concessionaire e) Any and all improvements to the property will revert to the City upon -termination of agreement f) IJon-assignment• or subletting of the concession without written authorization of the City Manager g) Hold Harmless Agreement 10 Non-discrimination G. The uncicrsi.gned offers to pay the City tho below designated percentage of Concess.ionalire, s monthly gross r.eceipLs or a monthly guarantee amount, whichever sure is greater. 1110 this effect, a monthly payment and a report Ml said gross reco.il)Ls will. be submitted to the City each calendar month. The term "(.11-or;s 1'12ceipts" 7. s Un(lerstood to mean all income collected nr accrued by the Cclnce:;:o.i.onnirc under: the Actrooment, excluding amounts of of. any Federal, Shito ar City 5a,les Tax, or any other tax collected by the Co11ce:,.,;Jo11a i re frnm cust(mlers and which is required by law to be remitted to Lhe ahpr.upr..iaLe tax.i.ny authority. It is undorstood LhaL 1•'101-i.da State Sales. and Use Tax shall be added to all payments to the City, 'Thus, the., City is to receive the proposed consideraLion "SUPPORTIVE DOCUMENTS FOLLOW" al{rim�h'• :.vta:atl3i:Flll1'�I'•v�••'h: ____ _ _. _ ____ as net amount, free and clear of all cost and charges. - MOBTLE CONCI;SSiOrr PERCENTAGE OF MONTHLY MONTHLY GROSS MINIMUM PARK RRCI;Il"I'5 GUARANTEE A l t area t: t:il h-Comp tor. k l£3th live & N.W. 27 St. $ Bryan Park '6 $ 2301 S.W. 13 Ave. Coral Gate Park `I+ $ —_ 1415 S.W. 32 Ave. Curtis Park $ 1901 N.W. 24 Ave. ` f; David Kennedy Park S.W. 22 Ave & S. Dayshore Dr. Dorsey Park % $ 1701 N.W. 1. Ave. , -Douglas Park. $ 2755 S.W. 37 'Ave. Eaton Park 4 6015 N.E. 4 Ct. Edison Park % $ 525 N.W. 62 St. El.izab6th Virrick. Park: % $ 3580 Day St. Errri Isle Park % $ 1100 N.W. 22 Ave. Grand Ave. Park $ 236 Grand Ave. Grapeland Heights Park P, $ 1550 N.W. 37 Ave. }. I n .l o C.' 1 1 P a t: k % $ 455 N.W. 47 Ave. �r Manor. Park. £ 1300 N.W. 50 Street _ Moore Park % $ 765 ri.W. 3(i St. i 2820 McFarlane Rd. "SUPPORTIVE DOCU,44ENTS FOLLOW kncv,o }`ark x GOO N.W. lO St. - knhcrt K1Im U1(.111 park ° 7025 W. PlnU1oc Gt. Roberto CLnmnute \'ork 101 N.W. 3,1 St, SoutholJn Park. lOO S.W. li St. _ All of Above x COt-W1,�!*;.,JCj:1 STAND AND 1101111.4-1 . c Norn .iugn .o 1| Park. t ' 750r|.C. 5)5rocc. (CLIo1ymcoL: available from previous c000con1onalzu) West k op n a� , 250 S.N. 60 Ave. ' (To became avu1lablo l/l/Ul) ' V G UACUUU S ONLYY|��x��._---__�,--_--- (joinao, yogurt, light lunch item,;, uto.) 'ion Homnr]ol Pack n 6447 U.K. 7 Avo. . (Serving mainly senior adults) . [x,mmua pack t 403 N.W. ] SL. (Serving moixly yeo]or adult,,) ~ _ All of Above ' Uoy[cuxt Pork 1.00 Biscayne Blvd. fresh >vnt dogu/crepoe ` no'\au/ju1coo ' t [roxml yogurt/ lc, uce.on �opcnru/yoaxutx AU of' .`bov.` �8 �� "�8 �8�U�� `��^ � �� K�� "SUPPORTIVE . v « � ��»�� , �� &w��K "8 �� .-~=~~.""�� ° v ��»��8 � ��-` �� ~K �� 8 K ��»» =~~.�~~�� Maceo Park S.W. 15 Ave & 8 St. Latin`Food-Snacks Cafe Cubano, etc. % $ OT-1111R FOOD AND BEVE12AGL COIICESSION RIGIITS (may be rejected or accepted totally at tile (.liscl:etion of the City) 11EPCI;14TAGE OF MONTHLY TYPE OP CO1,JCiiSSION MONTHLY GROSS MINIMUM PARK SITE (Mobile,Puslicart,etc. ) R EIC E IPTs GUARANTEE 1. $ 2. $ 3. % $ 7. It is expressly understood that the City of Miami reserves the.r.ight to accept or reject any and all proposals, and it is further understood, that acceptance of any proposal and corresponding Agreement is subject to the approval of the City Commission. 8. The undersigned expressly authorizes the City of Miami 'to solicit and _ obtain information and verification from any source named in or in connection • •with this Oroposal. If Proposer is an Indivisual or Corporation: Signed, sealed and delivered on in the presence of: 1 SEAL ATTEST: — (SEAL GF C;t){ FORA T ION) S L•:AL ATTEST: "SUPPORTIVE DCICUMENTS F LL0W11 SIGNED ' r _- OPERATIONAL RESPONSIBILITIES OF VMIDORS m 1. Vc-111dors to wear identificatign badges at all times. 2. Vendors required to obtain appropriate health agency clearance. 3. All vending apparatus is to be removed from the park (in mobile/pushcart) by vendors when not in use. A. E;nch vendor required to have a litter r.eccptacle and clean immediate area before leaving each clay. 5. Each vendor required to obtain appropriate operational fi.censes that aro necessary. m "SU P FI ORTIVE D0CU�'I! N T S FOLLOWPI y:7A SUBMIT BIDS TO; office of thu City Clwk 3500 Pan Amvrwal) Olive P.O. Box 33070.1 Miami, Florida 33133 CITY OF MIAMI, FLORIDA INVITATION TO BID TERM CONTRACT Bidder kknowlodgmant Paget i of TELEPHONE NUMBER MAILING OArE Wily) DID NO, p'lgits 579 6360 Jtltte 18," 1980 79-80-91 Bids will be o1wiled BID TITLE July 9, 1980-10;00 j1t•f Food & Beverage Concessions for Leisure Services nReason for "no bid" J�•ct ma'; lot be sv,tftdrawn svttnnt nnu!ty days ath!r sit, r, date and time. II All a'.vdrdS mado ns It result of Ih,s bui Shill conform to apphroble ' sectio'ts of the char ter and code of the C.tv of (vLami NAME OF VENDOR A CORPORATION OF THE AREA CODE TELEPHONE NIXMBER VENDOR Nil. STATE OF, �� II• j�rh., .S /'��1 e7 �,3•s "I 7� N/A MAILIIN ADDRESS ' VENDOR MAILING DATE: CITYS rATE•ZI1) CERTIFIED OR CASIl1ERfS CtICCx OR 810 EONO 15 , , , , / ATTACHED, MiCN REQUIRED, IN THE AMOUNT OF S 0 r 1 ,'e'1'', 0,11 rn's'!wl ., . fh.arf ;r•..0 , „•t'r'� A„q........tan(. ell�D• �'. `�/ .�•' ,. i,•� r•r" ,i' . 'n', ,,u• ry n,,v�n tur,nr�rr.n: 1 !or Nu' AUTHORIZED SIGNATURr CM n I n Un ) SImP „•. r; .rh :.pf, , .. •.,.. r. ,� " ,n•1 r .,, n '.i" 'rJ nr/rtn'rl '01,1,v01 !'r tLnr 1 LI„. rh.5 O,-I . rrj r9,f/ly. lh,rl 1 J•'i-litf/r•r. , '•I fir t p, rest�n^^.rl�/� I AUTHORIZED SIGNATURE(Typed) TITLE . t GENERAL CONDITIONS FOLLOW'► BIDDER; To insure acceptance of the bid, fellow these Instruciiulls, SEALED BIDS: All bid shf!nfs and thit• tnrnl must be executed Vr'uction, gcr'tainirlq to surpiies ant? serviCQs. Failure to anq SVumHlnd ill d st?al9d iih'lelnrq. ll'e L1r.0 Cf flhe -Shall ck) 50 will be at bidder's risk. contain, in addition to Ine aWvr: acinress, the date and time of Inc bid openlnry and the bid nurnhcr. Bids ro)l subr iiftaa on atfar.hcd e) CONDITION AND PACKAGING: It is understood and 'bid fonih nlny be rillecitd, All b cIS are Subic'Cr to Ine conditions dart ix1 that ally ifern often\i or Shior-M as a rc:Ult of this specified hereon and on the attached Sheets. bid shall be new (current produclion Inooel at the time of bus Hut). All containers ;hall be suitable, for storage or 1. EXECUTION OF BID: Bld must contain a manual siignafure shipment, and all prices shall include standard Com• 01 an authorima reprittitr,lahve in the ,pace prOvidgd al;ove. niercial packaLIU VI The comn,mv ilarlin and vl!nnor nunlbnr must also jorv-1t, nn caCh page of the bxd all. rixluu'id. (II a vendor nuinner has not d)SAI*e.TY STANDARDS: Unless othenviso sNpulated In ' Wen assuined to your (.Ompanv, conlACI this 0111cf!.) hie bid.011 nK 1110-1C Wred )tefns anCt fabricated wsumulies shall cOmlWe ,with applicaulo requirements of Oc. Y, NO BID: If not ,ubtnitlinfl .1 beet, rw.l:ond by returning this cupahonal Safely and Health Act and any standards form, marking it "NO BID", and expinm the reason in Ine therourlder. spate OrOvided AI:Ov^. NepeMtttl failure 10 qu011n Y/ilhoul sulticir;nt iUShfication shill If, cause for removal Of the e) INVOICING AND PAWAENT: The contractor shall tv suppf,tx's name from fill! bid moiling li,t NOTE: 1 o dualify laud tlput 5t1Wni55ion of properly Ccrtjf;ej invoices to tht as ari`;poodenl, bwdder rnu,t subnuf,a "NO III O", and it must city of Miami at the prict.s stipulated on int. purcnttse be recl:,vedno later Ikon the SI,ltW bidoccningcl,ile and hour• occler, leis cmaucl,om if any, as providW. All invoices Shill t`.r.ar the purchAsq order. Invo.cinq at itlrl,lnci., Y,ilh J. BID OPENING: Shall bu punlir., on ihn date and at file limit this provisoxi may suulecl the contract to Callcelldt,orl, sogc,ficd un but bid form. 11 i, the biddLr's re,p(M5m11ity to ay.ure thal hii hid is dt!hver(xd at the orocer hme and place of the bins or,oninq. Ificts whim for any reason are not so S. MAN UNACTURERIS NAMCS AND APPROVED d"Iiverod, will h,q, rnturnocl tinol:oned. Offers by Hologram or' EQUIVALENTS: Any filanufaefurxV namos, fnwe nan4•r. feleptione are not acceptable. trand names, Information or catalog numbers w I-M ,n a speeiliration are for information, not to lima comr0it,on. 4. PRICES, TERMS and PAYMENT: Firm prices shall be The bidd-' r nmy offer any brand for Y,n'ch he is an aufnoritrd quoh!d; typCJ or printed in ink and include all packing, represenhitive, which mucI3 or excc,!d`., the %ovt*ificalton for nandl.nrj, shipprrn7 charges and rielivery to any point volinin ,any ihnnfi), If bids are I;otecl 0n equ,vah:nf products, in. Rion County. Biddor i, rcqueStvc! in offer cash diir.ount for 0c ite Ni file bid form Ihq manufacturer's Hanle rind number prompt invoice rtymunl. GiSr,Ount tiniq will hp commuted and indicate any w!vitlhon from the ,nociicat�ons. YOUR fromIhedafeof,ot.ilatlory(lelivrryatplaceofaira•pfance III I),LACXINGANY Y,RITTENI'jDICATIONOFINTENT u from recerot cif Correct invoice at the Olfhce Specihe0, TO QUOtF AN ALTURN ATE ilRAN(), :'TILL BE vdlichover is later. RECEIVED AND CONSIDERED AS A QUOTATION IN (0111%fliXtE COMPLIANCE Wirth THE; SPECIFICATIONS a) TAXES: D) riot include State or Forleral laces not sip. ASLISTLDON THE 1110FOk1A inn! 0'v s.onOt Purcrasiny plrrabtu to inuniUp,lHh!`i. The afgOicatile ran Exemp11CO is to no notthetl of anv V0001.e11 V!'vlgt!y in (al materials number IS shoein oil tht, f'urcnw.e order. tfwo, (b) manufacturing prVCe`,,. C,r ic) construction Howw4cr, Chancjei shill not ue bud nil bout In•: City unless b)MISTAKES: Bidders are oxperlixi to examine the cvld„need bi a Change Nalice dn:1 s,gn,ea uy Ine ipecificaltons, d,aivery Schedule, u,u prices, arx) all in. Purchasing Agent. f 6, INFORMATION AND DESCRIPTIVE LITERATURE: necrositatealteration of the material, qualify, vnlrkmanship Bidders must furnish all information requertrd in the spaces or performance of the items offerod on this proposal prior to provided On the hid form Further, as may be specified their dellvrry, if shall he the responsibility of the successful elstwiere, each biddrr must submit With his proposal cuts, bidder to notify the purchasing agent at Once, indicating In his sketches, and descriptive literature and complete letter the SpLCific rocl0lation Which required an alteration. speuficahons covering Ire products offered. Reference to The rity reserves the right to accept any Such alteration, litEralure submitted with a prevnrls bid Will not Sefisly this inrludmg any price adjustments occasioned thereby, or to provision. Bids which d0 not cormply with those requirements 4Wncol lhocontract at noexpCrise to the City, are subject to rejection. 16, LEGAL REQUIREMENTS: Federal, State, county, and city 1, INTERPRETATIONS: Any questinns concL•rning conditions laws, Ordinance, rules, and regulations that in any manner and somification5 should he chrrcted in wrtlrng to the per. affect the items Covered heroin apply. Lack of knowledge by chasino agent for roceiot no later than three (7) days prior to - the bidder Will in no way be a cause for relief from reapon• the bid opening. inquiries must reference the date of bid sibility. , opening and bid number. 17, PATENTS AND ROYALTIES: The bidder,vnthou texcoption, 8. CONFLICT OF INTEREST: The award hot-OUnder is subiect shall inclumntfy and save narrhless Inc city of Miami Its toall cortllictof interest Provi5ton5 of the City of Miami, Dade employers from liability of any nature or kind, including cost County, and the Slale of Florida, and expPrileS for or on account of any copyrighted, patented, or Unpatented invention, process, or article manufactured Or 9. AWARDS: As the host interest of hie city may require, the Used in the performance of Inc contract, inclua;nq its use by riqht is rL,ervM to rnakr aNard(s) by inutvidual item, group the city of Miami the bedder uses any design, device, Or of items, all or none, or a comb-naticn (hereof• and on A City materials Covered by letters, patent or copyright, it is Wide basis •.vith One or more SuopiwrS: to reject any and all ,mutually agreed and understood without exception that the bids or waive any mw& informality or technicality in bids bid prices Shall include all royalties or cost arising from the received. use of Such design, device, or materials in any way involved in the work, 10. SERVICE AND WARRANTY: Unlws otherv:rse specified, the b-ctcter shall define any .varranly service and 18, PRICE ADJUSTMENTS: Any price decrease effectuated replacements that ;;,II be providrcf during and subsequent to during the contract period either by reason of market change this Contract. Bidders must explain ore an Vlacnod sheet to or ore the part of the contractor to other customers Shall be what extent warranty and Service facilities are provided, passod on to the city of Miami. 11, SAMPLES: Sarrptr.s of items, when Caked for, must be 19. CANCELLATION: All contract Ooie cations shall prevail for at furmsr.od frog of ,:x,^,,tn5p., ar.cf if not dnir'oyed may. upon least 190 days iffer offeclivr dare of Inc contract. For the request, ty' returred at the hidder'S expewx. Rdqursf for the prOloction of both parties, this contract may be cancelled in return Of Samples must be macle Within ten (101 days vboleorinpart upon themutualOSsentofthe parties, following 000ninn of h-ds Each individual samoie must bo labeled win biodor's nano, manuActurer'S brand name and 20, EXTENSION: Thecily of Miami reserves theoeton to extend nurnger, bird ntnt`.ber and item referE-rice. SantplLS of sue• the ttortn(I of this contract, or any p)rtion thereof, for an cossful bidder ntav romAin on file, with the Division of Pur• additiOnal contract perica. Extension of the contract period chasing for the term of the contract. Shall be oy mutual agreement in writing. 12. NONCONFOR.IAANCE TO CONTRACT CONDITIONS: Items 21. ABNORMAL QUANTITIES: While it is not anticipated, may be tested Ire :On'pliallCe :•ntlt soccihcal•ons under trio should any unusual Or dextormal quantity requirements arise, dIreairn of the Florida Oenarlmr-rit of Agriculture and the city reserves the right to call for separate proposals Comsumar Sery c• s, or by otter arvr,Oriate testing thereon. Iacoratorie,;. Tt,o data der.ved from any fE51s for COmhlianee with spiv ifiration5 are puolic records and open to 22• ADVERTISING: In submitting a proposal, bidder agrees not oxaminaGon thereto in accoroanre With Chapter 119, Florida to use tee results therefrom as a part of any commercial SIMUIES, 1971. Items rlPlivored not conforming to advertising, speceficalionS rmay bC rejected and returned at vendor's -- -expense. These items And items hot delivenn7 as per delivery 23, ASSIGNMENT: Any Purchase Order issued pursuant to this datedn beef or purchase order may rn,ult in buldor teinq found bid invitation and trio monies %%tticn may become due In default in WJhich event any and all reprocuroment costs hereunder are not assignable except wiln the prior written may be chartlM against rile clefoulting rontractor. Any approval of the authorized representative of the city Of violation of IhPse Stipulations may al•A rr-,ull in: Miami. a) Supnlior's name being removed frorn the City of Miami's vendor mailincl list. v. SUMMARY OF TOTAL SALES: The bidder agrecS to furnish flip. purchasing agent a summary of Sales glade under tha 17. INSPECTION, ACCEPTANCE AND TITLE: Inspection and contract at the end of each quarter, or as stipulated in the acceptance Will be Itdr••StinahOnunlessomerwi5oprovided. atlachedspecialconditions, itthis requiremmtcannot bemet Title And risk of loss or rfnrnacle 10 all items shall UP the Written justification must be submitted With this bid. rnsponsibilily of the contract supplier until accephxl by the uclrrinrl agenry, unless lo',s or (lantage results from 25. LIABILITY: The supplier shall hold and Save the city, its ncingenCebythe orderutq 1901CY. officers, agents,anaemployees harmless from liabilityofany kind in file performance of this contract. 14, DISPUTES: InraSenfAnyt})uhlorchfferenr..Cofnpimona510 the itrnf5 to bo furrw.he f herunder, file- decttlon of the City 2a, In the event of on Perot an Iho putt of the bidder ,n e%tende,n manager5h,ell,tY:I twlantlbmhngonhothparties. unit pr,res it in taallmg the xtended on;os, rt,o vn,t pnco shall p,•.rld, nx,:epf e.hen the bodge clearly stuies shot the wtul price IS. GOVERNMENTAL RESTRICTIONS: In trio event any is based on an all at nana boss. (p)yernrnenfai restr,chau may be unix)sed which Would NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERFTO WHICH VARY FROM THESE GENERAL CON. DITIONS SHALL HAVE PRECEDENCE, NOTE: THIS SHEET ANl) THE ACCO%1PANYING BID CONSTITUTE AN OFFER FROM THE BIDDER. IF ANY On ALL PARTS OF THE HID ARE ACCI:P1'ED BY THE CITY OF P,11AP.11, AN AUTHOnIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS SIGNATURE Ii1;11F.Tn. AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEP.IENT SET\PEEN THE PARTIES. THE. CONDITIONS OF tHIS FURPA RECO'.iF A W1R•r OF rHE WRITTEN AGREEMENT BETWEEN THE PARTIES, AND THE CITY HEREBY HELIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN. CITY OF NIIA',1l By: Arthur L. P,lullms Pufcllv5mg Aynnt (pate) Coll traetlPurehasA Order Nu*,?r� ,.-I .pit Effective e, �✓ l i �; i J v L PROPOSAL FOR CONCESSION RIGHTS FOR FOOD AND BISVERAGE CONCESSIONS AS DESCRIBED BELOW 4- Bid 79-80-91 TO: Office of the City Clerk City of Miami, Florida ATTENTION: Department of Leisure Services 1. The undersigned hereby makes a proposal for concession rights from the City of Miami, Florida, fo1, a food and Beverage Concession as described be1.oW, for the purliose of sell.inrl various Foods and Beverages of the "Snack Bar" type. Said concession privilege;; will be specified in a concess.i.ot: agreement to be entered into and between the prol=ar and the City of Miami, if this proposal is accepted. 2. The proposed operati.on of this concession, in relation to public need and necessity, and its intenclod Purl,ose, or. related proposal varying from those described herein, is to be described in the attached outline (Use your own format and label as AttachtnenL "A") . 3. The concession agreement shall be for a term of one (1) year, after which time the concessionaire will operate as a tenant at will on a month to month basis, for an unlimited ti.tne, subject to the conditions specified in the agreement. , 4. The City reserves the right to require submission of the following documents: PERSONAI. a) Personal Financial Statement ' b) Personal History Form c) Personal Income Tax Report for last three (3) years BUSINESS If proposal is made by an established business firm a) Balance sheet less than ninety (90) days old b) Current Income and Expense Statement c) Business Income Tax Reports for last three (3) years 5. The Concession Agreement to be entered into shall include, but not be limited to, other requirements as follows: a) Conformity to laws, ordinances and regulations b) Insurance Coverage in the amounts as designated by the City's Insurance Manager and to include Public Liability, product Liability, and Property Damage c) Adequate accounting procedures d) All licenses that are to be paid by concessionaire e) Any and all improvements to the property will revert to the City upon' termination of agreement f) Non-assigtunent or subletting of the concession without written authorization of the City Manager g) Hold Harmless Agreement h) Non-discrimination G. The undersigned offers to pay the City the below designated percentage of Concessionaire's monthly gross receipts or a monthly guarantee amount, whichever suet is greater. 'I'o this effect, a monthly payment and a report on said gross receipts will be submitted to the City each calendar month. The term "gross receipts" is understood to mean all income collected or accr.ur:-d by tale Concessionaire under the Agreement, excluding amounts of of any Federal, State. or City Sales Tax, or any other tax collected by tile Concessionaire from customers and which .is required by law to be remiL•ted to the appropriate taxing authority. It is understood that Florida State. Sales ctnd Use Tax shall be added to all payments to the City. 'Thus, the City is to receive the proposed consideration "SUPPORTIVE DOCUMENTS FOLLOW r/-,.•, r as net amount, free and clear of all cost and charges. ` MOBILE C'OrJCf:SfIiorJ PERCENTAGE OF r•1011'T1ILY MONT'11F.Y GROSS MIrd[r•1U'M PARK R1:CEI P'C5 C,UAFAN'I'F:E Allapat• tali -Comstock; 18th Ave & N.W. 27 St. Bryan Park $ 2301 S.W. 13 Ave. Coral. Gate Park % $ 141.5 S.W. 32 Ave. Curtis Park % $ 1901 N.W. 24 Ave. David Kennedy Park % $ S.W. 22 Ave & S. Bayshore Dr. Dorsey Park: $ 1701 N.W. 1 Ave. ' Douglas Park. $ 2755 S.W. 37 Ave. Paton Park. % $ 6015 N.G. 4 Ct. Edison Park `b $ 525 N.W. 62 St. Elizabeth Virrick Park. % $ 3580 Day St. Fern Isle Park % $ 1100 N.W. 22 Ave. Grand Ave. Park: 'L $ 236 Grand Ave. Grapel.and Heights Park; % $ 1550 N.W. 37 Ave. Kinloch hark, L $ 455 N.W. 47 Ave. Manor Park: � Q % $ 1300 N.W. 50 Street Moore hark; ? $ 765 N.W. 36 St. Peacock: Park: % 2820 1•1cFarlane Rd. "SUPPORTIVE pGCUMENTS FU1.0 Reeves Park % $ 600 N.W. 10 St. Robert Kind Iligh Park - - 4' 7025 W. r1agler St. Roberto Clemente Park % $ 101 N.W. 34 St. Southsi.de Park % $ 100 S.W. 11 St. A1.1 of: Above PERMANENT CONCI;SSION STAND AND t•1011I1,E CONCESS10;11 htorn.ingsidc Park % ° 750 N.E. 55 Terr. (Equipment available f1:01n previous concessionaire) West End Park 250 S.W. 60 Ave. (To become available VENDING idACHINES ONLY (juices, yogurt, light lunch, items, etc.) Legion t•iemot: i.al Park $ 6447 N.L. 7 Ave. (Serving mainly senior adults) Lummus Park % $ 403 N.W. 3 St. , (Serving mainly senior adults) All of Above � $ pUSIICART VENDING ONLY Bayfront Park 100 Biscayne Blvd. fresh sandwiches/ % hot dogs/crepes sodas/juices J frozen yogurt/ % ice cream Ix)pcorn/peanuts % other (hlea.so spcui.fy) k All of above % FIVr DOCUN"N"TS FOLLOWIF t� Macco Park S.W. 15 Ave & 8 St. Latin Food -Snacks Cafe Cubano, etc. S OTHER FOOD AND BEVERAGE COtICESSION RIGHTS (may be rejected or accepted totally at the discretion of the City) PERCENTAGE OF MONTHLY TYPE OF CONCESSION MONTHLY GROSS AMINIMUM PARK SITE (Mobile, Pushcart, etc,.) RECEIPTS GUARANTEE 1. $ 2. $ 3. % $ 7. It is expressly understood that the City of Miami reserves the. right to accept or reject any and all proposals, and it is further understood, that Acceptance of any proposal and corresponding Agreement is subject to the approval of the City Commission. 8. The undersigned expressly authorizes. the City of Miami to solicit and - obtain information and verification from any source named in or in connection with this proposal. If Proposer is all Indivisual or Corporation: Signed, sealed and delivered on �/ ! c'i'1 in the presence of: WE srAt DOCUM�:f��TS FOLLOW hUTARY I UIC STAIE Of FLOZIDA AT LAKGI /Ai l'Gt.'dlSilU i L PIiIS AIA Iw 1984 p SIGNED BY: r'� W.- "SUPPORTIVE DOCU �,A ENTS FOLLOW OPERATIONAL itL•'SPONSIDILITILS OF VENDORS 1. Vendors to wear identification badges at all times. 2. Vendors required to obtain appropriate health agency clearance. 3. All vending apparatus is to be removed from the park (in mobile/pushcart) by vendors when not in use. 4. Each vendor required to have a litter receptacle and clean immediate area before leaving each clay. 5. Each vendor required to obtain appropriate operational licenses that are necessary. -, I, SU13MIT (SIDS TO. CITY OF MIAMI, FI,ORIDA ttl00 of tltn City INVITATION TO BID iii Dri 3!i00 Vim Anu,nran t7rivd 11.0. Box 33070,13 TERM CONTRACT Miami, Florida 33133 Bidder Acknowledgment Pagt, I of 1 F:LEPHONE NLI&MER MAILING DATE (City) HID NO, 9797.63UO June .1.8, 1.980 79-80-91 Bids Voll b" opuned BID TITLE food ttr Beverage Concessions for Leisure Services July 9, 1980-10:00 mm Reason for "no b)d" ,mid Imat' ,+01 1?r, tt ,lmtin.ttvl+ttlllt n, ninety daysalter such Chitn antl t� ,I(,. I All atvdtdi nLi Cle aS J m!tull of tmi bid shdll COnfdnl) to Ij)pI1CJble St?010115 Of the Char ter and code of the C,ty of %1"1n+i. ,'44ME OF VENDOR \ COHPOR ITIoN OF THE AREA CODE TELEPHONE NUNISER VENDOR N(t, ACADEMA Pq`tSETi11T.,C, STATF.UF' FU-)RI r 30, �/ ?2G-0345 r.A;tt.,r)s r>/1,�;rllnl,,r�;cam r MAILING ADDRESS VENDOR MARANG DATE: CITYSTAI*E•i I CERTIFIED Ov CASICEP'S C, E:,; OR WO MiD li ATTACHC, WHEN RECt:IRED, Ill THE N,tOINT OF $ ;Ti molt, Florida 33105 I n ,r �.s r •r < , .:,rn,r r ,r; ,. � . •,5•,,� l.r.; ,';J„rnrenl n, r•. !:,:..a- i err n n r ... „ ,!;, •i t d:,v,'r„ar d bvby fnp , �!'"AUTORILE O51aWATUiEslanuall , ", " i Ur:nc rnr ,n '�, !•,, . r ,.r"-v r., U! vt bn! dnJ C'Cr NlV . TLlrtn :> >,'t(ctic11 q(,r.rc,I-nt'�* rn3'1,)•+.r,rrl,,• .rr ;r,;-r..,,,ra„rr,....r,r,. AUTHORIZED SIGNATURE (Typod) TITLE DOCU C'v'y EN, GENERAL CONDITIONS •tit BIDDER: To insure accepl,�nce of the bid, follow these tnstructiuns, SF�.LLO�tt I h 1 Sheet% ;,ncl utis form must tx! executed 5truchons {.v�rIaWnq to surplies ana servicts, Failure to and ;vurn,ut:rd Ul o seah!d (iw„lope. 1'11e fn,e of rn" cnvelcpe shall (it) so will bo at bidder's rlsK. contain, in acictlhOn to the atxl: a address, thv rl•if" ano time, 01 file I "hicrol;+.ilinq and thrt hid hummer. tiICIS not SUbrrtirt [f on olrached c) CONDITION AND PACKAGING; It is una"rsic%m an;; bad form may he rejecirti, All bids art! Suhioc.t to the C011cliti0rls idrt..:d that Ong Ilem Oit,:rod or sntcrt.,d as a rCSull of this specified hereon and On the, attnchrd YWOS. bid shall Ito new (current production mcclel at the lima of It,i!1 unu. 'W conlnincrs shall be suitable for storage or 1, EXECUTION OF BID: flid roust ronfoin a manual Sirrnature I'll irmtenI, ano )If prices shall includo standard eom• rN an aultoriled r^pros(ndahv" in Ihr Spare providod above. mnrf..al packayinq. Th(. contpanv nmiw ootl vMOtor nurm)er Mutt OISO apr+.�Ar an each paoa of situ hid at re,.tuuvd (II a vunoor numiwr has not d)SAPETY STANDARDS: Unless odter.vise stipufated in ta!en nsslgnm fu your compony, contart this office.) a+arn<La11 manutacrur"et ihvnsano laoricated assemblies shall comply with applicable requiroro nts of Oc• 2. NO tilt): If not ,ut,rmillmn a birl, re,.nond by r"turntnrl this cupotlonal 5Mofy and Health Act and any standarcls form, markinrf it "NO ISID", and explom the rrnsOn in hie thereunder. spar.,! provid,!O above. Ne{u!abnl failure to riuolt? wilh0u! sullfciont jutflttr.ahon shall bo cause l0r removal of the o) INVOICING AND PAYMENT: The contractor shall tv supw,"• s mime from flu; I,icl malunu lo.t NO rt: To qu-ilily Iviia i mon ;ubrmvs,ir)n of properly cortifim Invoirm to I to at a rr;pavh!nr, lwwcd r mv.1 submit ,-1 "110 Ill D", Lind it mutt city of Mion+i al nu! prtcr:,; Stipwaltm on the purchase 1vloci!rvognololerthan lhest,teLlbldoptnln•Tdate ind flour. (,•der, less dr(ducliens It any, as provided. All invofcos shall ucar the purchas.T order, lnvoicinq at variance tt an 3. BID OPENING: ,',mall be puullc, on rile amle and al the tinlr this provisit:+l may subloct Ir." contract to cancellation. fomrtlh,ti on the brl form. It is tin! L•iclr:er's rom)omimllt•; to ,'r,%ury Ihat his tm(t is Cfeliv"rr•rl at file proper rift" W'd pL1C" Of filo bid or.:mnq. 11ids :vhirh fur rtny roa•,on are not ad S. MAN UFACTURERIS INAMZS AND APPROVED o,i mind, von I)u r,:lurntd unoraned. Offers by I"kv)ram or EiQUIVALF,NTS! Any Manufacturers' na"Its, fra(la I1a111LS, teleptirele are not arc.eplable. brand mines, information or cataloa nuntb,:rs Itslec! in a uxxifiralion are for information, rot to limit com,.0.1ten. 4, PRICES, TERMS and PAYMENT: Firm prices shall no The b,od,)r may offer any orarto for v,n'ch he is an auinorited Uauh!rl, typt.•a or nrintwl in ink and include ail packirirl, represenfahve, which mouii or UACertit ino tpatahcatton for hrinmmn1, ;tupli.no chargt!s and delivery t0 an•/ point wiinln any Omits). If belt are based cm 4Ctu-4a',:nf products, in D.),10 County fO nlfer Caen drsr:Ount for dicale on the bid form the manufa,fur or's name and number I•rOMW involcV royment Discount hnm viol re comrn,!"d and inrlic.alu any d^viatian from IN: YOUR front rind date ur iafirifauory nehv"ry .V piaceOf OCCOPtance BID, LACKING ANY WRITTEN INDICATn;N OP INTENT or front rece-of of correct Invoice at rho office °,pucih"d, To QUOTE AN ALII:-RN ArF: VI,'4 ; . ;;ILL III v.fttrht!ver It Inl"r. RECEIVED AND CONSIbERED AS 4 QuOTATION IN (.010FItAirC CC APLIARICH WITH THE SPECIFICATIONS a) TAXES: P) r,qf nclucte State or Fad,:ral tales nol in. ASt.ISTEi0ON IIIF_ !tit) F6R!,1 Th,: DIvIS on01 Purchasmq pncabu! lu mime F 111! rS. Tho nbpl caul" rax E_lernpfi,in it to rra nol:f-d of any CronO:eri cmampt s it (.it milterafi numurr it umeoi on Inn, Pijrcr61;" Oide.', if eCl !1! maouf+ Iuru••i proc.•S5. Lr r:l ::,n:!rucfton, !iUW„v„r, chancies shall not b,! I; nd.rtq uoco !It': city unles b)MISTAKES; (littrmers are e.per,trd to o'(amine Ihn, c•yalemvd by A (:har•..4v ',of,ce ,suBO )nJ tgned C'/ the SpeC)iiCilhorlt, dultvery W)edule, ntu prcet, and Lill in. Purchasrnq Aunt. 6. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit with his proposal cuts, sketches, and descriptive literature and complete specifications coverinq the products offered. Reference to literature submitted with a previous bid will not salisly this provision. Bids which do not corssply with these requirements are subject to rejection, 1. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed in writing to the pur• chasing agent for receipt no later than three (3) days prior to the bid opening, Inquiries must reference the date of bid opening and bid number. III. CONFLICT OF INTEREST: The award hereunder is sumect loall conflictof intorest Provisions of the City of Miami, Dade County, and the State of Florida, 9, AWARDS: A.s the best interest of the city may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof, and on a city wide hasis with one or more Suppliers. to reject any and all bids or waive any minop informality or technicality in bids received. 10, SERVICE AND WARRANTY: Unless otherwise specified, the bidder shall define any warranty service and replacements that will be provitL•d during and subsequent t0 this contract. Bidders must explain on an allached sheet to wtrat extent warranty and service fAcillties are provided. ii. SAMPLES: Samples of items, when called for, must be furnished free of expense, arid it not dls!royed may, upon request, be returned at the bidder's expense. Request for the return of samples must be made within lon (10) days fallowing opening of pia, Each irldividVal saviDie must be labeled wiln bidder's name, manufacturer's brand name and number, bid number and item reference SanlplCs of suc• CeSsful bidder slay remain on file with Inc Division Of Pur• Chasing for the term of the contract. 12, NONCONFORMANCE TO CONTRACT CONDITIONS: Items may he tofod for comWoance wail specdieanons under the direction of the Florida Department of Agriculture and Consumer Svrvicvs, or by other aporophale testing lahorafories. The data derived from any tests. for eompiiance With specifications are public records and open to exdminaCon thereto in accordance ,vith Chapter 119, Florida Statute-., 1971. Items delivered not conforming to specifications may be rejected and returned at vendor's expense, These items and items not delivered as per delivery Bate In bid or purchase order may result in bidder Minq found In default in which event any and all reprocurement Costs may be charged against the defaulting contractor. Any violation of these stipulations may also moult in: a) Supplier's name being removed from the City of Miami's vendor mailing list. 12, INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will he at dr.5hnation unless otherwise provided. Title and risk of loss or darnago to all items shall be the respnnsibility of file contract supplier until accepted by the Ordering agetley, unless loss or damage results from n iligonce by the ordering agency, necessitate olferation of the material, qualify, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of trip successful binder to notify the purchasing agent of once, indicating in his letter the specific requtalron which required an alteration. The city reserves the right t0 aCCepf any Such olferation, inclurhnq any price adjustments occasioned thereby, or t0 jancel the contract at no expense to the city. 16. LEGAL REQUIREMENTS: Federal, State, county, and city lases, ordinance, rules, and regulations that in any manner affect the items covered herein apply. Lack of xnovrledge by the bidder will in no way be a cause for relief from rospon. Sibility, i1. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless Inc city of Miami its employees from liability of any nature or kind, including cast and eroonfics for Or On account of any copyrighted, patented, or unpatented Invention, process, or article manufactured or used in the performance of the contract, including its use by tine city of Miami the bidder uses any aEsiyn, device, or materials covered by letters, patent or cooyrignt, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the useof such design, device, or materials in any way involved In the work, 18, PRICE ADJUSTMENTS: Any price decrease effectuated Uurmq the Contract per �Od eilhrr by reason OI market change or on trio part of the contractor to other CUStomerS Shall be passed on 10 the city of Miami, 19. CANCELLATION: All contract eehgations shall prevail for at least 180 dais after effective date of the contract. For the protahon Of both parties, this contract may be Cancelled in w hold o-' in part upon the mutual assent of trio parties. 20. EXTENSION: ThecifyofMiami reserves Mecotiontoextend hlo period Of this contract, or any portion thereof, for an additional contract period. Extension of Inc contract period Shall be oy mutual agreement In writing, 21, ABNORMAL QUANTITIES: While it is not anticipoted, snouiu any unusual or aLrlormal quantity requirements arise, the city reserves the right to call for separate proposals thereon. 22, ADVERTISING: In submitting a proposal, bidder agrees not to use the results therefrom as a part of any commercial advertising, 20, ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the monies Which May OC{ome dUe hereunder are not assignable except with Inc prior Written approval of the authorized representative of the city of Miami. 24, SUMMARY OF TOTAL SALES: The bidder agrees to furnish the purchasing agent a summary of sales made under the contract at the end of each quarter, or as stipulated in the allachodspecial conditions, If this requirement Cannot be met written justification must be submitted with this bid, 2S, LIA010TY: The supplier shall hold and save trio city, its officers, agents, andemployeesnarrniess from liauihty of any kind in the performance of this Contract, 14, DISPUTES: Irl raSr. of any C?-iubt ar dlflerenrL of opinion as tU 2t1, In the avant of an error on the port of the bidder m extending the items 10 be' furnished herunder, the decision of the city g unit prices or in totalling the extended picas, the .,nii pr,te shail manager shalltXtmalandbincfingonttofhpartir p,evu,l, except wIran tide bidder clearly stutes that Ina total price 15, GOVERNMENTAL RESTRICTIONS: In the event any is based an an all or none basis• governmental restrtcltuls may be imposed which would NOTE: ANYANDALL SPECIAL CONDITIONSATTACHED HERETO WHICH VARY FROM THESE GENERAL CON. DITIONS SHALL HAVE PRECEDENCE, NOTE: THIS SfIEE'r AND THE ACCOMPANYING BID CONSTITUTE AN OFFER FROM THE BIDDER. IF ANY OR ALL PARTS OF THE BID ARE ACCEPTED BY THE CITY OF MIAMI, AN AUTHORIZED REPRESENTATIVE OF THE CITY SHALL AFFIX HIS Sltat•IATUHE HERETO, AND THIS SHALL THEN CONSTITUTE THE WRITTEN AGREEMENT BE•TbYEEN THE PARTIES. THE CONDITIONS OF THIS FORM f1ECOME A PART OF THE WRITTEN AGREEMENT BETWEEN THE PARTIES, AND THE CITY HEREBY RELIES UPON ANY REPRESENTATIONS BY THE BIDDER AS ARE CONTAINED HEREIN, CITY OF MIAMI By: Arthur L, tdulltns Pwchasrrrg Ayonl (Date) «E Contract Purchase Order Num Effective DOCH M FNTR FOLLOW" �poEM1A BASEs4 i ls�•_.�1N�.re�ist ��:ea[!�f1a�� Q�t1•�115 ��a1.�6!lIIa9.�� IIS6i• 2540 S.W. 92n(I COURT / MIAMI, FLORIDA 33165 (305) 226.0345 .'1'1" rACHMEN'T 1% President & Director CARLOS PASCUAL SR. Vice President CARLOS PASCUAL JR. Treasurer XIOMARA PASCUAL Secretary & Public Relations JUAN PASCUAL 0ff.i.c0 of the Ca.ty Cleric 3500 Pan i morican ?)rive _ P.U. Box 3307OL') ��SU��TI �r Mi nml, F lo1-:i da 33133 I Dear Sirs, FOLLOW The!)Cil(.lr?Gli.id liil (ti'Iii1J.J. LiU5 P,1SCllcll, 111C. iS TlJ.cr(:i.11 r Ll '' Food & 1'evol.'rl;;o Cullc(asion for LcISOVc >e1-vJ.ceS " bid j.Or (jlttll?IEL:1t D 1l1 T.Cjil'l'S !' SCLI, , ! J.hc i,crlcleniia a.�el)� Carlo , a T1'1c. has (1 erilted ii Bil:ioball 1CLlc)U.l. r111J L0,1"uC! in the (7- ty of 1J.aii11 fat" tit^ lli):.it l2 'i'Eil]-:i. oriw.ini.;,ation serves you(:115 - ]:all}•lll C 1.11 it �_(' i;:iY'1 ( (O hil 1)c n C)!)(?r, :An". ou L' Of G1:i11)-I.;111(! !(1LS.ili;S Pi.I1:!< i:O]: L 1a i7Ei1-S oil :; tilll(1 or* trailer tV!1f.1 %.l.f: {�l:%!.r, liiil(:1 �!('1.�?htF; 1'ilrl:. '1.'I1J.:; Uitl•'1.'ili:'.L(.)[1 hit:.. 1.Ci`Il i:ll.i. � �' L11;ilIL""C'l! %.ill(.! t1110 Wr L L '011 ClOnfl(311 t O1 tll<! . t�' C)L' tLiltlli., 1)'j)i.il:t•.il `111: O1: 1..('i.i1.re "Servicos. AIL the I)1'Oi:i.i::i of I: ill O!1('ri](:LC)Il Of ti1L: (l)IlC(?3;ii.<)Il l'liis }'.l)llf' LMCIL'lJ:i 1)U!'lilS! (]:O1711'�C5 For350 kids ;ill(] i),:lyins�! for t.1111piroS, 'rind (le.l.•raVI- ;iocle Oi the cots OF hzisol,ilUs nnt.l Others' c(juJ.l)M(Nlt. Aceadevida Barre >tull Carlos Pascual, litre. s, 8484t* 'lee 2540 S.W. 02nd COURT / MIAMI, FLORIDA 33165 'r 4 i305) 226.035 '. Presitlant L Director CARLOS PASCUAL SR. 16 Vice Prosioonf O' �_ `♦�I' CARLOS PASCUAL JR. Treasurar AXIOMARA PASCUAL Socrolary & Public Relations JUAN PASCUAL — V'e Strongly need the rily'Ls ,conti.nued cooperation i.0 order: to• conti.rtue vAth the nct.i.viti.es we hrosolrtly 111,1v'., and still be able to Pay our bills. The bid w( ar(. Submitting is onr_ th8t r;e te(-i.s fair to both our- ori;an-iiation and the City of *,T..�aa�i. ,t tho sc111te Liirl(� it s t:i'l 1. 1-rill enable uS to continue our operations rind :rcti.vi.ti.c:; fr)t th(, 350 Youths of our CclUMU11.1.ty that �:,e 'I PPORTIVE °C MENrs FOLLOW„ Ve;'v t r, a lv yours JUAL.1 -iV. PASCUAL t CrCRrTr\RY Academia 11mrD6'1 n1l Carlos 1111wenul, 1310. 2540 S.W. 92nd COURT / MIAMI, FLORIDA 33165 (305) 226.0345 president Y. Duoctor CARLOS PASCUAL SR. Vice Ptewiant CARLOS PASCUAL JR. Tteasurer XIOMARA PASCUAL SacralmV L Public Relations JUAN PASCUAL oil ;good w".11 Sell _ 1'1: 1. CC 60 ll�t clo}.s 754 Pe1)i.— n 30cr 7 —tit, 30lr or- �lLlliittL�; I:'i.ltcls 3(tc; T LCc'(,•1'l^I r cl-i. L%C1: r1cC`fi sul,jrct: I::i ht ct_ 1ilC'1 l( ,; ,� 'i � •c:. ,c.�d �t;; ��rlu�a.c. ,ttl.c_ ,`SUPPORTIVE DOCUMENTS FOLLOW11 . PROPOSAL FOR C =E'SSION Rwwr:s FOR COOL) AND BEVL W%C;t. CONCESSIONS AS DESCRIBED BELOW Bid 79-80-91 TO: Office of. the City Clerk City of tdiatni, Florida ATTENTION,. Department of Leisure Services 1. 'fire tuulersigned hereby makes a proposal for roncession rights from the City of Miami, Florida, for a P'ood and Beverage C:once:rsLon as described below, for: the purpose of sellincl var'.iolls P'oods and Iseveragrs of the "Snacl; Bar" type, Said concession privi.lecles will be specified in a conces�iorr agreement to be entered into and between tine proposer and the City of Miami, if this proposal is accepted. 2. -The proposed oprr.at.ion of this concess.i.orr, in relation to public need and necessity, and .its intended purpose, or related proposal. varying from those descr.i.bed herein, is to be cescribed in the attached outline (Use your own format and label as Attachment "A"). 3. The concession agreement shall be for a term of one (1) year, after which time the concessionaire will operate as a tenant at will on a month to month basis, for an unlimited time, subject to tile'conditions specified in the agreement. 4. The City reserves the right to require submission of the following documents: PERSONAL a) Personal Financial Statement ,- b) Personal Histary'Form c) Personal income '.fax Report for last three (3) years BUSINESS if proposal. is made by an established business firm a) Balance sheet less than ninety (90) days old b) Current Incorne and Expense Statement c) Business Income Tax Reports for last three (3) years 5. The Concession Agreement to be entered into shall include, but not be limited to„ other requirements as follot,,s: a) Conformity to laws, ordinances and regulations b) Insurance Coverage in the amounts as designated by the City's insurance Manager and to include Public Liability, product Liability, and Property 1!(� U J ^POR TIVE Aequa r c) Addequate accounting procedures C� OVr' v M E - J d) All licenses that are to be paid by concessionaire to the revert a) Any and all improvements property Frill F(��1 ��/�flf to the City upon termination of agreement V L yy £) lion-assiytunent or subletting of the concession without written authorization of the City Manager q) mold Harmless Agreement h) Non-discrimination 6. The undersigned of.fcrs to pay the City the below cesignated percentage of concessionaire's monthly gross receipts or a monthly guarantee amount, whichever sum i:; greater:. TO ttr.i.s; effect, a monthly payrnont and a report on said dross receipts will. be suhmittod t:o the City each calendar month. The term "gross rccc_ipts;" is unclerstoocl to rowan all. income collected or accr'uul by the Concessionairr under the Agreement, excluding amounts of Of �Alry Federal, State or- Ci.t:y Sales Tax, or any other tax collected by the Concessionaire from customers and which is required by law to be remitted to the appropriate taxing authority. It is understoad th,-rt Florida State Sales and Uso Tax shall be added to all payments to tha City. 'i'truso, the City is to receive the proposed consideration i 40 • as net amount, tree and clear of all cost and charges, MO[3II1i. C:ONCES9I0111 PERCi.11'1'AGE' OF MONTIILY MONTHLY GROSS MINII.IIIM PARK REC1 IP'l'S GUARAINIVI- L•' Allapattali-Comstock 18th Ave & N.W. 27 St. $ Bryan Park 2301 S.W. 13 Ave. Coral Gate Park 1415 S.W. 32 Ave. Curtis Park 1901 N.W. 24 Ave. David Kennedy Park S.W. 22 Ave & S. Bayshore Dr. Dorsey Park 1701 N.W. 1 Ave. Douglas Park, 2755 S.W. 37 Ave. Eaton Park 6015 N.E. 4 Ct. Edison Park, 525 N.W. 62 St. Elizabeth Virrick Park 3580 Day St. Fern Isle Park 1100 N.W. 22 Ave. Grand Ave. Park. 236 Grand Ave. Grapeland Heights Parl: 1550 N.W. 37 Ave. Kinloch Park 455 1.1.W. 47 Ave. Manor Park 1300 N.W. 50 Street Moore: Par}: 765 N.W. 3G St. Peacock Park 2820 McFarlane Rd. 2 $ $ r; $ 2 .5 $ L y "SUPPORTIVE DOCUMENTS FG L`OW" Reeves Park j $ 600 N.W. 10 St. Robert King Iligh Park �. 7025 W. Plagler St. Roberto Clemente Park _ '+. $ 101 N.W. 34 St. Southside Park i $ 100 S.W. 11 St. All of Above $ Pl RIMANRNT CONCESS'LON STAND AND MOBILE COtdCESSION Morningside Park $ 750 N.E. 55 Terr. (Equipment available from previous concessionaire) West: End Park % _$ 250 S.W. GO Ave. (To become available 1/l/81.) VENDING MACHINES ONLY � _ (juices, yogurt, light lunch.items, etc.) Legion Memorial Park % $ G447 N.E. 7 Ave. (Serving mainly senior adults) Lununus Park % $ 403 N.W. 3 St. (Serving mainly ,ic:niar adults) All of Above % $ PUSHCART VENDING ONLY Bayfront Park 100 Biscayne Blvd. fresh sandwiches/ % $ hot dogs/crepes sodas/juices % $ frozen yogurt/ 2 $ ice cream popcorn/peanuts % $ Other (please specify) `; 1, $ All. of above `t $ "SUPPORTIVE Doc U M E N TS FOLLOVVU" � --- - 0 - M — -1 Maceo Park S.W. 15 Ave & 8 St. Latin Good -Snacks Cafe Cubano, etc. 9, $ CYI'IIrR FOOD AND BEVERAGE CONCI?5 ;I0N RIGIITS (may be rejected or accepted totally at the di scrc,tion of the City) PERCENTAGE OF IMONTHLY TYPE OF CONCESSION MONTHLY GROSS t4IIIII-lUt•1 PARK SITE (t•tobile,Pushcart,cl:c,) RECEIIITS GUARAN'I'E 1. 2 3. $ $ 7. It is expressly understood that the City of Miami reserves the right to accept or reject any and all proposals, and it is furthler understood, that acceptance of any proposal and corresponding Agreement is subjc-ct to the approval of the City Coimnission. 8. The undersigned expressly authorizes tho City of t•liami�to solicit and - obtain information and verification from dny source named in or in connection with this proposal. If Proposer is an Indivisual or Corporation: Signed, sealed and delivered on in' thc� presence. of.: SEAL SIGNED ATTEST: 12 C. C_ Howly F0114, ,BY i MY Commis.6-1 Expires Nly 76, 1163 LadaJ It Af.aaaa lira a CaswO, C980861 U PPORTIVE (DOCUMENTS SEAL FOLLOW" ATTEST: BY: / � �+�1�!/19 C�'/Rpaq 0 F MI AMI, I N C. �y�� •'��' EXECUTIVE AND ADMINISTRATIVE OFFICES 4401 Ponce de Leon Boulevard Coral Gables, Florida 33146 ^ Telephone: (3051448.5011 June 24, 1980 City Clerk, City of Miami 3500 Pan American Drive, Dinner Key PO Box 330708, Coconut Grove Station Miami, FL 33133 Dear Sirs: In response to your request for Bid No. 79-80-91, The Coca-Cola Bottling Company of Miami, Inc. does not wish to submit a bid. Our reasoning is that we are a soft drink supplier but do not actually operate concession stands. We would, however, like to be included in other bid requests which are pertinent to our type of business. Sincerely, L/�.' V Mark L. Miller Cold Drink Coordinator MLM:bs 0 ••� � 1 iiS / U �P o oRTIVE DOCUMEN FOLLOW ,rs JUN :? 5 '!�;:'U Y "SUPPORTIVE DOCUMENTS FOLLOW" �r t OPERATIONAL RESPONSIBILITI,S OF VENDORS 1. Vendors to wear identification badges at all times. 2. Vendors required to obtain appropriate health agency clearance. 3. All vending apparatus is to be removed from the perk (in mobile/pushcart) by vendors when not in use. 4. Each vendor required to havo a litter receptaclo and clean immediate area before leaving each day. 5. Each vendor required to obtain appropriate operational licenses that are ncco:;sary. SlJ$MIT BIDS TO: d film City Clarkn CITY OF MiAMI, FLORIDA 3 c 500ff �00 Pao American DrivDriver INVITATION TO BID P.O, Box 3307011 TERM CONTRACT . Miami, Florida 33133 Bidder Acknowledgment Page i of TELEPHONE NUMBER MAILING DATE (City) BID NU, pages, 579-6390 June 18, 1980 79-80-91 Bids will be opened BID TITLE July 9, 1980-10:00 A1,1 Food & Beverage Concessions for Leisure Services RPoson for "no bid" (u C A AC' A isi-is ou Not C. .]I'd rnav not belvHh,lrawn,v�llun nn+cly days after Suchculn,tmd time. iwl C' �e ►V S 100dl•U1#0(« "e,4 C(L •.•�U r�C�M�!$C S r.^17AKr7 f�'IPaAif: yN, µ.1 I L l .ill awards rnacA- a5 .T rdSUlt of that bad 01,111 CU,IJUII r1 ID applicable1�1 SeCtlOhS Of the Cher for a,+d code -:)f the City ul Ml,inti NAME OF VENDOR A conpoRArIOV OF THE AREA( TELEPHONE NUP,IBER VENDOR NCI, STATE OF 1 i�iE�t"t�NGf Ar�,-nstfurc+,cs t)F 101011 W r6A. �� .�� .,�- ,3�Y�u N/A MAILING ADDRESS 4 VENDOR' MAILING DATE' -V12 2jc,7—,L .S CITY —STATE —ZIP CERTIFIED OR CAS+UER'S CHECx OR Elio nvND IS ATTACHED, r'HEN REQUIRED, pI THE AMOUNT OF S r car. • : ;ra•s r r r •,�, .•..,,,,., ,., !,,, •, ,r., ,,, nr, o, 411s _` C ' ��'C /-•i c<mnr..•. ua .,• , ro an.ar: r••v,•, ,;,r„•:,r:,,,r, ,i ,:r, '•v rn,•, '�,,,� AUTHORIZED SIGNATUR \ E I. tanuall ,,,.rr•,•..r•r. , :.pr.,,, n; ,., , ,,,,r .1 ,,, ,•, •„�.:rr ,u:, .v:Nm„r I," col"„ s,oll or '•:,,,-, ' , ,,•,„ aril,•.• ,,,r ,:, ,.�,",,,,,,,,s or rn,s o,., ,,,,rl arr,ry Ci(CC'it cmL' Mvtk Exc.C((.i;(.VE' f l ,u r u,n ,,,,rbn•:J.•It !„ >•q•, r„ ,s 1, n ru, u,.• - nr%^— 'DTI\ Iffm AUrHORIZED SIGNATURE (Typed) TITLE �� GENERAL CONDITIONS BIDDER: To insure acceptance of the bid, follow those Instructions. FOLLOW SEALED BIDS: All hid sheels and this form must he executed ttructions ty!rfaininq to suopties and services, Failure to and suumatred in a Sealed ctfvelnpe. The I ace cf the c.4welepc shall do so will be at bidder's risk. contain, in addition to address, the date and time Of file bidoocniflg and the fief number. Bids not sunrnifIM on attached O CONDITION AND PACKAGING: 11 is understood and bid form may he rejected. All hits aro suoieet 10 the Conditions agrrv!rl that any Item offered or shlm:a as a result of this specified hereon and on the, attached YIP.015, bid Shaul be nevi (current OrOduction malel at the time of this I),d). All ronfafners shall be sultable for storage or 1, EXECUTION OF BiD: 13W must contain o manual sainature shipment, and all PrlCcs shall include standard corn• of an ouH,oribx) in Ihh simcc provided above, merrral bickagnlg, The CornPany name and vendor member Faust also anpmr on each page of tho bid a5 r xIuir!`(l. (If a vendor numner has not d)SAFETY STANDARDS: Unless ofherwiso stipulated in been assigned to your romPony, contact Inns office,) N,en,d, all rnanvlocturod items ana fooricaled assemblies shall romply with applicable requiremctlls of oc. 2, NO BID: If not sulomllincl a bid, respond by relurninq this eupalional S,ifety and Health Act and any standards loran, rnarking it "IJO BID", and P.xploin the reason in the thereunder. Space provided atsove. Repeated failure, to cll,ote Without sufhci,!nt iushficat,nn Shalt I:e Cause lur removal of the e) INVOICING AND PAYMENT: The contractor shall to supplur's name, from foe bid moiling li',1. NOTT?: To quality 1iud upcxt 5ubmissloo of properly certified invoices to the as a rr.-;pprlc enf, bldd,.:r must Submit n "NO III D", and it must Cify n1 Man'[ at Rn! WICc, Sfiputat0i On fne purct ease tm recevectno later than Ine staled b,dOpining date and hour, n•cler, less deductions it any, as provided, 1,11 invokes Lhall bear file purchase order, Invoicing at varhvlcu with ]. BID OPENING: Shill he public, On the elite and at file tinge this prov,%ierl may subject the contract to cancellation. Snecuhod on the Dirt fdrnl. It i5 the bidclor's responsibility to nt,5ure that his bid as dalrverro at the Proper tinge and place of the b-r1 opening. 11id,. wh,rn for ,in,v reown are not so S. MANUFACTURER'S NAMES AND APPROVED detivc•red, wall bo returned uno{:vrled. Offers by Ielc)ram or, EQUIVALENTS: Any manufacturers' names. trade nanies, lelephrxue, are not acceptable. hrand 11.1rn,!5, information or catalog numbers 1,51ed In a 1, PRICES, TERMS and PAYMENT: Firm prices shalt be specification are for information, rot to bout conspet,lion. lho bidder may offer any brand for •:arch he iS an aulnor,t,!d cluufe�t; f,,prV or pranfM in ink ,Ind include all paCkHlq, represenlalive, which rneelsor exeevm III.., 5pecii1ration for honclhnq, 5t ippmcl cnargcS and delivery to any point within any itern(S). If bids are Nised ran equivownt 1)rgduel5, in. (Slrie County. Et,dcfer is rKwested to Offer Cash discount for dicate on the bid !oral Inc manufacturer's name and number l.rompt invo,cP ptytv-. nt Do.count limn will he computed and inniicate any cOryiahon from Inc 9oerahcahnn5. YOUR from file dail,ofSiliomgorydel,veryatplaceofacr.eplance BID, LACKING ANY 'NRITTE:NINOICr,TiO`IOFINTENT or from rereibf rd correct invoice at Inc office. specified, TO QUOTE AN ALTE:ZNArE BRAND, WILL BE whrcheyer is haler. RECGIVfdD AND CONSIDERED AS A (,UOTATION IN CONAPLUTE C0,1API.IANCE .-mrH TriC- SPECIFICATIONS a) TAXES: On nor includr! State or Feacral hires not it). ASLIST1:0ON THE AID FORA%. Th,! Dlvis,onof Purchasing phcooictonwrvciptlalrea. The aDoiictbt(, Tax Exemption is to Tie nntlhed to any propowd ehangeS :n (a) m:,terwlS numm„r a5 Shoein on We Purchase Order. men, (tit manufarlurinct p'oce5s• or (c) ronstruction. i+�,v,rvrv, choricie5 Shall not t:,! 4 nawq UDCn It,.! city unless b)MISTAKE S: (t.do-r5 air+ e,pecftU to erarnine the, cn,,.wnr.,!d b/ a Change ti,l,ce issued and signed by the speul,cal,ons, drt,very s,.hodulc, I,,d prices, aril all in. PurehaS,ng Aqent, q q. CONCESSION AGREEMENT TABLE OF CONTENTS PREAMBLE PAGE 1. LOCATION OF CONCESSION, TERP1, AND USE 2 2. NOTICES 2 3. DEFINI`PION OF CONCESSIONAIRE 3 4. CO -PARTNERSHIP 3 S. CUSTODIAL SERVICES AE4D MAINTENANCE 3 6. CONCESSION IN CONFLICT 3 7. APPROPRIATIONS 3 8. ASSIGNMENT OR TRANSFEROFSTOCK 4� 9. INTERIOR MODIFICATIONS AND MAINTENANCE 4 10. PERMITS AND LICENSES 4 11. PAYMENT OF UTILITIES 4 12. PERFORMANCE BOND 4 13. CONSIDERATION , 5 14. MONTHLY REPORTS AND PAYMENT 5 15. DEFAULT OF PAYMENT 5 16. LIEN ON PERSONAL PROPERTY 5 17. RIGHT TO AUDIT RECORDS 6 18. REPORTS OF VISITOR USE 6 19. RIGHT TO INSPECTION OF PREMISES 6 20. INTERFERENCE 6 21. WAIVER OF CLAIM 6 22. HOLD HARf•ILESS 7 23. IIOURS OF OPERATION AND SIGNS 7 24. TRAINING 7 25. INDEMNIFICATION AND SUSPENSION 7 26. APPROVAL OF PRICES AND FEES 8 27. STORAGE OF DANGEROUS SUBSTANCES B 28. REPRESENTATIVE CAPACITY a 29. REVOCATION . "SUPPORTIVE 8 30. CONCESSION PRIVILEGE DOCUMENTS 31. INSURANCE FOLLOW" 32. AZ PORNE.Y S FEES 10 33. CAPTIONS 10 34. ENTIRE AGREEMENT 10 35. NON DISCRIMINATION 80- 640 • CONCESSION AGREEMENT THIS AGREEbiL•'NT made the day of A.D., 197 , between the City of Miami, a Municipal Corporation of the State of Florida, hereinafter called the "CITY", and Allan Cohen and Lemon Tree Ices with offices in_ Ajita, Inc., 300 C-vrancllo Ave. ,_Coral'Gables, Fla 33146 hereinafter called the Concessionaire. WITMESSETH WHEREAS, the Department of Leisure Services is vested with jurisdiction over and control of all City parks in the City of Miami and is responsible for the operation and maintenance of such facilities in the parks under its jurisdiction as may be,necessary, desirablq or convenient for the use of the public for healthful recreation; and WHEREAS, the Concessionaire desires to obtain from the CITY the exclusive privilege of operating the concession in David Kennedy Park in the City of Miami, to provide goods and services as hereinafter described, and the CITY desires to enter into Agreement with the Concessionaire for operation of said concessionsy and WHEREAS, the establishment and maintenance of such concessions as is contemplated in this Agreement will require substantial capital investment by the Concessionaire, and the operation thereof will involve certain risks of financial loss) and WHEU-AS, the CITY is fully cognizant of these factors and will adopt and pursue such policies with respect to this concession and the obligations imposed upon said Concessionaire by this Agreement as will be an inducement to capital investment and as will be an assurance of the security of such investment and of the reasonable opportunity to make a fair return on the investment. WHEREAS, the Commission of the City of Miami authorised this concession Agreement by the adoptation of 1tosolut.ion No. , a copy of said resolution is made a part hcrcof as though set forth in full herein: ``S U l" I"ORTIVE ' 1 DOCItI M ENTS FOLLOW" - NOW, 'I'IIERECORP:, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. LOCATION OF CONCESSION, TI.-Mtle AND USE Thr_ CITY hereby grant: to the Concessionaire, and the Concessionaire hereby accepts from the CITY, exclusive agreement to operate the following described concession in David Kennedy Park in conformance with the purpose and for the period stated herein and subject to all the terms and conditions herein contained and fairly implied by the terms hereinafter set forth. a. THIS AGREEMENT SHALL C&-MLINCE ON THE day of , A.D., 19 , and shall and on the day of A.D., 19 This privilege may be extended or renegotiated at the discretion of the City Idanager upon request of the Concessionaire submitted in writing at least 3 months prior to the termination date. Any renegotiation of a new Agreement shall be subject to the approval of the City Commission. b. The CITY hereby provides to the Concessionaire the following facilities and space: authorized narking in narking lot (Sketch of premises and location provided in Exhibit A) c. The Concessionaire isherebyauthorized to conduct the following kinds of business and to provide the following kinds of services: oneration of a mobile food and beverage concession to include drinks and iuices, sandwiches, and snacks This business will be conducted in compliance with terms of this Agreement. 2. NOTICES A1.1 notices from the CITY to the Concessionaire shall be deemed duly served If mailed by registered or certified mail to the Concessionaire at tile following address: Allan Cohen Lemon Tree Ices 300 Granello Avenue Coral Gables, P'la. 33146 "SU'000iiiVE DOCUMENTS FOLLOW" / i" r All notices from the Concessionaire to the CITY shall be deemed duly served if mailed to: The City Manager City of Miami 3500 Pan American Drive, Dinner Key Miami, Florida 33133 The Concessionaire and the City may change the above mailing addresses at anytime upon giving the other party written notification. All notices under this concession Agreement must be in writing. 3. DEFINITION OF CONCESSIONAIRE It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to the Concessionaire; that he is a Concessionaire and not a Lessee; that the Concessionaire's right to operate the concession shall'continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this concession Agreement. 4. CO -PARTNERSHIP Nothing herein contained shall create,or be construed as creating a co -partnership between the CITY and the Concessionaire or to constitute the Concessionaire as an agent of the CITY. 5. CUSTODIAL SEP.VICES AND MAINTENANCE The CITY agrees to furnish to the Concessionaire the previously identified physical facilities and space. The CITY agrees to provide the assigned facilities in a useable condition and to perform necessary exterior maintenance on the facilities and to provide custodial services and maintenance for public restrooms within or near facilities assigned to the Concessionaire. Exterior maintenance of the facilities does not include daily removal of litter in the immediate area (50 feet) of the concession facility which removal is the responsibility of the Concessionaire. 6. CONCESSION IN CONFLICT The CITY agrees not to establish any new food &beverage concession facility, or similar concession service within David Kennedy Park in conflict or in competition with the Concessionaire, excluding docking area facilities, future restaurants or specialty items , without first giving the Concessionaire the opportunity of providing the service. 7. APPROPRIATIONS The CITY'S respon,ibilities which require annual appropriations are dc:cmnd executory only to the extent that funds are available for the purpose in question. r U 1� LOW" 41 8. ASSIGN:•1Et1T OR TRANSFER OF STOCt: The CITY may, by amendment to the concession Agreement, authorize the Concessionaire to expand the services provided. To encourage continuity of successful operations, the CITY may give preference to the existing Concessionaire in the extension or renewal of this Agreement, The Concessionaire may not assign this concession Agreement, or any part thereof, without approval of the CITY. In the event the Concessionaire is a corporation authorized to do business in the state of Florida, then"it• agrees that it will not transfer any stock .in the corporation or change managers subsequent to entering into this Agreement or during the term of this Agreement until. such transfer or change is approved by the CITY. 9. I?ITERIOR MODIFICATIONS AND MAINTEMANCE , The Concessionaire accepts the facilities and space provided in this Agreement and is responsible for all interior modifications and maintenance, including entrance doors, windows and screens. The Concessionaire must first obtain the CITY'S concurrence for any alteration of the physical facilities and then must pay for such modifications, which become CITY assets upon completion. The Concessionaire agrees to perform daily removal of litter in.the immediate exterior area •(56 feet) of the concession facility. 10. PEMIT5 AND LICENSES Tile Concessionaire agrees to obtain all permits and licenses necessary for the conduct of the business and agrees to comply with all laws governing the responsibility of employer with respect to persons employed by the Concessionaire. 11. PAY:;ENT OF UTTLITIES _ Not Applicable The Concessionaire agrees to pay for all utilities used within the concession operation and for garbage disposal on a rate determined as follotas: Electricity Water Garbage Vending Machines 12. PERFOR1,1MIC17" BOIND The Concessionaire shall post a performance bond in the amount Of $ 1000.00 with the CITY upon the execution of this Agreement. Said perfornuu:co bond sha11 be .issued by a surety company authori::ed to do busciness in the State of Florida and shall be refundable at the termination of this. Agr.eament if al]. terms and conditions of the Agreement aCceptud by thr. Concessionaire have been satisfied. If the performance bond io on an annual coverage basis, renewal for each succeeding year sha11 be submitted to the Department of Finance, Rick t•tanagement Division, thirty (30) days prior to termination data of existing performance bond. S U P PC) 7-1 V E - - DOCK NI ENi' (S FOLLOW" , 91 13. CONSIDERATION The Concessionaire agrees to pay the CITY i8 percent of the Concessionaire's monthly gross receipts or a monthly guaranteed amount of $ 500.00 whichever sum is greater. To this effect, a monthly payment and a report of said gross receipts will be submitted to the CITY, each calendar month. The term "gross receipts" is understood to mean all income collected or accrued by the Concessionaire under the concession Agrcement,•excluding amounts of any Federal, State or City Sales Tax, or any other tax collected by Concessionaire from customers and which is required by law to be remitted to the appropriate taxing authority. It is understood that Florida State Sales and Use Tax shall be added to all payments to the CITY. 'Thus, the CITY is to receive the aforementioned proposed consideration as net amount,,free and clear of all cost and charges. 14. MONTHLY REPOP.TS AND PAYMENT , The monthly report of gross receipts, the commission payment computed on that amount, and any other fees due must be submitted to the CITY, through the Finance Department, to be received not later than twenty (20) days after the close of each,mgnth. Late payment shall be accompanied'by liquidated damages in the amount of to of the.amount payable for each day the payment is late. If the commission payment and accumulated daily penalties are not received within (30) days after the normal monthly payment deadline, then the CITY may take possession of the Concessionaire's assets on CITY property, may cancel this concession Agreement, and may begin procedures to collect the performance bond required in Paragraph 12, above. 15. DEFAULT OF PAYMENT It is expressly agreed that the CITY shall have a continuing lien on all personal property of the Concessionaire on the premises, for all sums which may from time to time become due and unpaid to the CITY under this Agreement, and upon default of payment by the Concessionaire the CITY shall have the right to take possession of and retain the same until the full amount due -shall be paid, or to sell the same at public auction and, after deducting the expense of such sale, apply the balance of the proceeds to such payment and if there should be any deficiency, to resort to any other legal remedy available to it. 16. LIEN ON PERSONAL PROPERTY - Not Applicable The Concessionaire agrees not to remove from the park any personal property brought thereon by the Concessionaire for the purpose of this concession Agreement, except such items as may be removed with the express permission of the CITY. Upon expiration of the term specified in Paragraph 1 (a) above, if the Concessionaire has made full payment under "SUPPOR I DOCUMENTS _ 5 - FOLLOWit V this concession Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property from the park and shall do so within two weeks following the expiration of the Agreement. On failure to do so, the CITY may cause same to be removed and stored at the cost and expense of the Concessionaire and the CITY shall have a continuing lien thcreoll in the amount of the cost and expense of: such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expanse, plus the expense of the sale. 17. RIGIIT TO AUDIT RF.;CORD; The Concessionaire agrees to establish and maintain such records as be prescribed by the CITY in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the CITY the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the CITY and communicated to the Concessionaire. The'Concessionaire agrees to provide materials for the audit at the designated place within fifteen days after the CITY'S notice is received. The Concessionaire agrees to provide to the CITY, in a format specified in an attachment hereto, a profit and loss statement of the concession operation for each calendar year. The report will be submitted to the CITY within sixty days after the close of the calendar year. 18. RE -PORTS OF VISITOR USE The Concessionaire agroos'to cooperate with the CITY in the conduct of surveys, to provide reports of visitor contacts, and to respond to Department inquiries about public usage concession services. 19. RIGHT TO INSPECTION OF PREMISES The Concessionaire agrees that the concession facilities and premises may be inspected at anytime by authorized representatives of the City Manager or his designee or by an other state, county, or municipal. officer or agency having resoonsibili ties for inspections of sucli operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors. 20. INTEFrERCNcr? The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference by any public agency or official in the operation of this coricessiori; any such intorference shall not relieve the Conccss.ionair.e from any obligation llerounder. 21. WAIVER OF CLAIM The concessionaire llerelJy expressly waives all cL-dins for loss or damage sustained by the concessionaire resulting from firo, water, tornado, civil commotion, or riot; and the COncessiOlWi re hereby expressly waives all rights, claims, and deminds and forever releases and discharges "SUPPORT IVY � - OCUMENTS the people of the City of Miami, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid' causes. 22. HOLD 11AMLESS The Concessionaire assumes all risk in the operation of this concession and shall be solely responsible and answerable in damages for accidents or injuries to persons or property, whether direct or indirect, arising out of the operation of this concession or arising by virture of the carelessness, negligence or improper conduct of the Concessionaire or any servant, agent or employee of the Concessionaire, and hereby covenants and agrees to idemnify and save harmless the City of Miami, Florida and their officers and employees from every such claim, suit, loss damage or injury, which responsibility shall not be limited to the insurance coverage herein required. 23. HOURS OF OPERATION AND SIGNS The Concessionaire agrees to operate and maintain the concession in compliance with this Agreement and in accordance with applicable law and policy. The Concessionaire agrees to provide the authorized services to the public throughout the daily hours the part is open, or as otherwise approved by the City Manager. Business hours shall be posted by the Concessionaire near the main entrance to the concession facilities. The Concessionaire agrees to submit to the CITY for prior approval all proposed advertising, brochures, and signs. As a general policy the CITY will not approve billboard advertising for the Concessionaire either inside or outside the park. Appropriate exterior signs for the Concessionaire's facilities will be provided by the CITY. 24. TRAINING The Concessionaire agrees to provide continuing training and evaluation of all employees assigned to the concession operation to ensure an appropriate level. of proficiency and public service orientation. The Concessionaire agrees to replace any employee at the request of the CITY for cause. No City employee or close relative of an employee of the CITY shall be employed by the Concessionaire without express written permission of the City Manager. 25. INDI"INIFICATION AND SUSPENSION The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the assigned concession facilities for any improper, .immoral or offensive purpose, or for any purpose in violation of any federal., stage, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Concussionctire will protect, idemnify, and forever save and keep Harmless the CITY and .individual members thereof and their agents, from anti against damage, penalty, fine, judgment, expense "SU PPORTIVE p .,;UMENTS -7- FULOW" or charge suffered, impose(j, .issessed or. incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire or any employee, person or occupant. In the event of any violation by the Concessionaire or if the CITY or its authorized representative shall deem any Conduct on the part of the Concessionaire to be objectionable or improper, the CITY shall have the right to suspend the operation of the concession should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of tho CITY within twenty-four hours after receiving notice of the nature and extent of such violation, conduct, or practice. The Concessionaire further agrees not to commence operation during the suspension until the violation has been corrected to the satisfaction of the CITY. 2G. APPROVAL OF PRICES AND Fi:i_1S The Concessionaire agrees that prices and fees charged for concession merchandise and services will be consistent with those charged for similar merchandise and services ill the general vicinity of the park. The CITY shall have the final right of approval for all such prices and fees, but said right sluill not be arbitrarily or unreasonably exercised. The Concessionaire agrees to refrain from the sale or rental of any item identified as prohibited by the CITY and to sell or rent only those categories of merchandise and equipment recommended by the CITY. The Concessionaire agrees to maintain an adequate supply of any merchandise which the CITY deems necessary to accommodate park visitors. The Concessionaire will ensure that all merchandise and services offered to the public are of acceptable quality and are safe and clean. 27. STORAGE OF DANGEROUS SUBSTANCES The Concessionaire agrees not to use or permit in the facility the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives Of any kind, Or any substance or thing prohibited in the standard policies of fire insurance companies in the State of: Florida. 28. RrPrJ'.SE,1TAT.IVE CAPACITY It is expressly understood and agreed by and between the parties hereto that the menil)ers constituting the Department of: Leisure Services of the City of Ni.ami and its officers and agents are acting in a representative capacity and not for their own bonefit; and that neither the Concessionaire nor any occupant hall have any claim against them or any of there as individuals in any event whatsoever. 29. I-TVOCATTON OF C011C1:13STON 11RIVILLGE If tho Concessionaire fails to comply with any of the terms hereof, the CITY may cancel this Agreement and revoke the privilege of the "SUPPORTIVE - ° - DOCUMENTS FOLLOW" Concessionaire to come upon the CITY'S property for purposes for which this concession was granted and may oust and remove all parties who may be present upon or occupy any part of the premises for the purpose of exercising any rights so revoked. 30. CONCESSION PRIVILEGE It is the intent of the CITY, concurring in by the Concessionaire, that this Agreement shall not, as against the CITY, vest any right in the Concessionaire; and shall be deemed only the grant of a privilege to the Concessionaire to carry out the terms of this Agreement on property of the CITY so long as such Agreement or privilege shall be in force. It is further the intent of the parties hereto that violation of, or failure to comply with, the terms of this Agreement shall, at the option of the CITY terminate this Agreement and privilege upon three days notice in writing delivered or mailed to the Concessionaire's address as set forth in Paragraph 2 hereof. If the CITY does not afford Concessionaire the opportunity to mend any default within a specified time, the privilege shall terminate and the Concessionaire shall remove himself and his property from the premises, if all financial obligations hereunder have been met. Continued occupancy of the facility after termination of the privilege shall constitute trespass by the Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall pay to the CITY $100.00 per day as liquidated damages for such trespass and holding over. 31. INSURANCE The Concessionaire shall idemnify and save the CITY harmless from any and all claims, liability, losses, and causes of action which may arise out of the Concessionaire's operation of this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the CITY when applicable, and shall pay all costs and judgments which may issue thereon. The Concessionaire shall maintain during the term of this Agreement the following insurance. A. Public Liability Insurance in the amounts of not less than $ 300,000 per occurrence for death or bodily injury and not less than$ 50,000 per occurrence for property damage. (Above to include Product Liability.) B. The CITY shall be named as an additional insured under the policies of insurance as required in Paragraph "A" of this Agreement. C. Automobile Liability Insurance covering all owned, non -owned, and hired vehicles in amounts of not less than $1,000,000.00 per accident and $300,000.00 per occurrence of bodily injury and $.1.0,000.00 per occurrence of bodily injury and $10,000.00 property damage. PIN U. The Ci;'i dial.] b�� given at least thirty (30) days ar.iv,lnce written notice of canrutlat:ion of said holicie. or any material n-iodifi.c:at.ions thereof. 1:. Ccrtif.i.cates of iu.,luVance :;hall be f:ilud with the F'i.nance Dupar.tment, RLok t'lattagement. Division of the CITY. P. The insuranco covor"a(fe rQ.jtli.red :,hall. .itICILICle t110;e C1W33ifiCat:iOnS as listed in standard liabil..ity iwwrancc: manual:;, which most near].,/ reflect the opera t:ions of the Concessionaire. G. All in:;urance pol.ici.ec, :;hall be iSSLW(1 by Companies author.ircd to do busitle:;S under the latqS of tll() State of F'lor.i.da and mutt be rated at least IVO as to management and Class ";:" as to financial strength, all in accorcianco to A.1M. BEST'S KEY RATING GUIDE, latest edition. :i. The CITY reserves the right to amend the: insurance requirements as circumstarlcos dictate i.n order to protect the .interest of: the CITY in this concession Agreement. I. The Conce:;sioliidre shall furnish certificates of insurance to the CITY prior to thu commc1.1Como fit of operations, which certificates shall clearly indicate tho, Concessionaire has obtained insurance in the type, amount, and classifications as required for strict compliance with this covenant and shall be subiect to the approval of the Department of. Finance, Risk >lanagolnent Division. J. The policy shall be endorsed as follows: It is agreed that in the event of any c.lai:n or. suit against the insured for damages covered by this policy, the insurance company will not deny liability by the use of a defense based upon governmental immunity. 32. ATTOMEY' S FEES In the event of any litigation between the parties to enforce any of the terms o17 provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. 33. CAPTIONS Tier: captions cgntained in this Agreement arc 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 ally provision thereof. 34. ENTIR AGP1iL;1.1EHT The provisions of the concession Agreement constitutes the entire agreement bet".1een the parties and no prior agreements or reprosentations shall be binding upon any of the parties unless .incorporated in this concession Agreement. Ho modification, release, discharge, or waiver of any of the provisions horuof ,hall he of force and effect unless in writing and signed by both parties. 35. 1:011 DTSC:RI:'1TNA'I LO11 The Concessionaire agrees that there ,hall be no discrimination as to race, soar, color, creed or national origin in connection with the use, maintence and op oration of the premises by Concessionaire. "SUPPORTIVE -10- DOCUMENTS FOLLOW„ • IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. CONCESSIONAIRE ALLAN COHEN - LEMON TREE ICES I President Attest: Secretary (Corporate Seal) * Witnesses: Approved as to Form and Correctness: George F. FUjox, Jr., City Attorney LANDLORD CITY OF MIAMI, FLORIDA By: City Manager Attest: City Clerk * To be used if tenant is not a corporation. '`SUPPORT IVE pGrUMENTS FOLLOW" r CONCESSION AGREEMENT TABLE OF CONTENTS P REAt•1B LE 1. LOCATION OF CONCESSION, TERM, AND USE 2. NOTICES 3. DEFINITION OF CONCESSIONAIRE 4. CO-PARTNERsmP 5. CUSTODIAL SERVICES A14D MAINTENANCE 6. CONCESSION IN CONFLICT 7. APPROPRIATIONS B. ASSIGNMENT OR TRANSFER OF STOCK 9. INTERIOR MODIFICATIONS AND MAINTENANCE 10. PERMITS AND LICENSES 11. PAYMENT OF UTILITIES 12. PERFORMANCE BOND f 13. CONSIDERATION 14. MONTHLY REPORTS AND PAYMENT 15. DEFAULT OF PAYMENT 16. LIEN ON PERSONAL PROPERTY 17. RIGHT TO AUDIT RECORDS 18. REPORTS OF VISITOR USE 19. RIGHT TO INSPECTION OF PREMISES 20. INTERFERENCE 21. WAIVER OF CLAIM 22. HOLD HARMLESS 23. HOURS OF OPERATION AND SIGNS 24. TRAINING 25. INDEMNIFICATION AND SUSPENSION 26. APPROVAL OF PRICES AND FEES 27. STORAGE OF DANGEROUS SUBSTANCES 28. R.EPRCSENTATIVE CAPACI`1'Y 29. REVOCATION 30. CONCESSION PRIVILEGE "SUPPORTIVE 31. INSURANCE DOCUMENTS 32. ATTORIJEY'5 FEES FOLLOW" 33. CAPTIONS 34. ENTIRE AGREEMENT 35. NON DISCRIi•IINATION PAGE 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 6 6 6 6 6 7 7 7 7 8 8 8 8 9 9 10 10 10 a CONCESSION AGREEMENT THIS AGREEMENT made the day of A.D., 197 , between the City of Miami, a Municipal Corporation of the State of Florida, hereinafter called the "CITY", and Carlos Pascual, Inc. with offices in 2540 S. W. 92 Court, Miami hereinafter called the Concessionaire. ?AT III At"C C tl"It1 WHEREAS, the Department of Leisure services is vested with jurisdiction over and control of all City parks in the City of Miami and is responsible for the operation and maintenance of such facilities in,the parks under its jurisdiction as may be.necessary, desirable or convenient for the use of the public for healthful recreation; and WHEREAS, the Concessionaire desires to obtain from the CITY the exclusive privilege of operating the concession in Grapeland Park in the City of Miami, to provide goods and services as hereinafter described, and the CITY desires to enter into Agreement with the Concessionaire for operation of said concessions) and WHEREAS, the establishment and maintenance of such concessions as is contemplated in this Agreement will require substantial capital investment by the Concessionaire, and the operation thereof will involve certain risks of financial loss; and WHEREAS, the CITY is fully cognizant of these factors and will adopt and pursue such policies with respect to this concession and the obligations imposed upon said Cgncessionaire by this Agreement as will be all inducement to capital investment and as will be an assurance of the security of such investment and of the reasonable opportunity to make a fair rcL•urn on the investment. WHEREAS, the Commission of the City of M.i.ami authorized thi.s concession Agreement by the adoptation of Resolution No. , a copy of said resolution is made a part hereof as though set forth in full hercinl 11SUPPORTIVE DOCUNIENTS - 1 - FOLLOW" NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. LOCATION OF CONCEssION, TERM, AND USE The CITY hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the CITY, exclusive agreement to operate the following described concession in Grapoland Park in conformance with the purpose and for the period stated herein and subject to all the terms and conditions herein contained and fairly implied by the terms hereinafter set forth. a. THIS AGREEMENT SHALL COMMENCE ON THE day of_ , A.D., 19 , and shall end on the day of A.D., 19 . This privilege may be extended or renegotiated at the discretion of the City Manager upon request of the Concessionaire submitted in writing at least 3 months prior to the termination date. Any renegotiation of a new Agreement shall be subject to the approval of the City Commission. b. The CITY hereby provides to the Concessionaire the following facilities and space: see attached (Sketch of premises and location provided in Exhibit A) c. The Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following kinds of services: mobile (trailer type) food and beverage, offering soft drinks, hotdogs and sandwiches, and various snacks This business will be conducted in compliance with terms of this Agreement. 2. NOTICES All notices from the CITY to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Carlos Pascual 2540 S. W. 92 Court Miami, Florida r !POR DC;(UMEN"l„ - 2- FOLLOW" W All notices from the Concessionaire to the CITY shall be deemed duly served if mailed to: The City Manager City of Miami 3500 Pan American Drive, Dinner Key Miami, Florida 33133 Tho Concessionaire and the City may change the above mailing addresses at anytime upon giving the other party written notification. All notices under this concession Agreement trust be in writing. 3. DEFINITION OF CONCESSIONAIRE It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to the Concessionaire; that he is a Concessionaire and not a Lessee; that the Concessionaire's right to operate the concession shall'continue only.so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this concession Agreement. ' 4. CO -PARTNERSHIP Nothing herein contained shall create,or be construed as creating a co -partnership between the CITY and the Concessionaire or to constitute the Concessionaire as an agent of the CITY. S. CUSTODIAL SERVICES AND MAINTENANCE The CITY agrees to furnish to the Concessionaire the previously identified physical facilities and space. The CITY agrees to provide the assigned facilities in a useable condition and to perform necessary exterior maintenance on the facilities and to provide custodial services and maintenance for public restrooms within or near facilities assigned to the Concessionaire. Exterior maintenance of the facilities does not include daily removal of litter in the immediate area (50 feet) of the concession facility which removal is the responsibility of the Concessionaire. 6. CONCESSION IN CONFLICT Tile CITY agrees not to establish any new mobile food & beverage concession facility, or similar concession service within Grapeland Park in conflict or in competition with the Concessionaire, excluding future restaurant, special items or snocial events —� without first gluing the CUIICCSSlOnaLre the opportunity of providing the service. 7. APPROPRT.ATIOII i The CIrvs responsibilities which require annual appropriations are douuted f,xecutory only to the extent that funds are available for the purpose in rIues tion . "SUPS='r-'I�;TIVE - 3 - QQW.r;�.NTIS) B. ASSIGNMENT OR TRAtwrR Or STOCK The CITY may, by amendment to the concession Agreement, authorize the Concessionaire to expand the services provided. To encourage continuity of successful operations, the CITY may give preference to the existing Concessionaire in the extension or renewal of this Agreement. The Concessionaire may not assign this concession Agreement, or any part thereof, without approval of the CITY. In the event the Concessionaire is a corporation authorised to do business in the State of rlorida, thcn'it agrees that it will not transfer any stock in the corporation or change managers subsequent to entering into this Agreement or during the term of this Agreement until such transfer or change is approved by the CITY. 9. INTERIOR MODIFICATIONS AND MAINTENANCE The Concessionaire accepts the facilities and space provided in this Agreement and is responsible for all interior modifications and maintenance, including entrance doors, windows and screens. The Concessionaire must first obtain the CITY'S concurrence for any alteration of the physical facilities and then must pay for such modifications, which become CITY assets upon completion. Tho Concessionaire agrees to pdrform daily removal of litter in.the immediate exterior area (50'£eet) of the concession facility. 10. PE MITS AND LICENSES The Concessionaire agrees to obtain all permits and licenses necessary for the conduct of the business and agrees to comply with all laws governing the responsibility of employer with respect to persons employed by the Concessionaire. 11. PAYMCNT Op UTILITIES The Concessionaire agrees to pay for all utilities used within the concession operation and for garbage disposal on a rate determined as follows: of $ Electricity, Water Garbage Vending Machines 12. PEP20101ANCr FOND The Concessionaire shall post a performanco bond in the amount with the CITY upon the execution of this Agreement. Said performance bond shall be issued by a surety company authorized to do business in the State of Florida and shall be refundable at the termination: of this Agreemont if all terms and conditions of the Agreement accepted by the Concessionairy have been satisfied. If the performance bond is on an annual coverage basis, renewal for each succeeding year shall 130 Submitted to the Department of rinance, Risk -Management D1ViSion, thirty (30) clays prior to termination date of exist performance bond. DOC VE - - UIW TS FOLLDW,, 13. CONS TDER M'lON The Concessionaire agrees to pay the CITY percent of the Concessionaire's monthly gross receipts or a monthly guaranteed amount of $ 25 whichever sum is greater. To this effect, a monthly payment and a report of said gross receipts will be submitted to t}le CITY, each calendar month. The term "gross receipts" is understood to mean Lill income collected or accrued by the Concessionaire under the concession Agreement, -excluding amounts of any Federal, State or City Sales Tax, or any other tax collected by Concessionaire from customers and which is required by law to be remitted to the appropriate taxing authority. It is understood that Florida State Sales and Use Tax shall be added to all payments to the CITY. Thus, the CITY is to receive the aforementioned proposed consideration as net amount, -free and clear of all cost and charges. 14. M1011THLY REPORTS AND PAYNEINT The monthly report of gross receipts, the commission payment computed on that amount, and any other fees due must be submitted to the CITY, through the Finance Department, to be received not later than i twenty (20) days after the close of each month. Late payment shall be i accompanied by liquidated damages in the amount of l% of the.amount payable for each day the payment is late. If the commission payment and accumulated daily penalties are not received within (30) days after the normal monthly payment deadline, then t}le CI`1'Y may take possession of the Concessionaire's assets on CITY property, may cancel this concession Agreement, and may begin procedures to collect the performance bond required in Paragraph 12, above. 15. DEFAULT OF PAYMENT It is e.xpressly agreed that the CITY shall have a continuing lien on all personal property of the Concessionaire on the premises, for all sums which may from time to time become clue and unpaid to the CITY under this Agreement, and upon default of payment by the Concessionaire tale CITY shall have the right to take possession of and retain the same until the full amount clue shall be paid, or to sell the same at public auction and, after deducting tine expense of such sale, apply the balance of the proceeds to such payment and .if there should be any deficiency, to rQ.Sort• to any other legal remedy available to it. 16. LIEN ON PL RSONAT. PROPERTY The Concessionaire agrees not to remove from the park any personal property brori(Tht thereon by the C'oncossionaire Cor the purpose of this concession Agreement, except such items aS may he removed with the express permission of the Cl'1"i . Upon c!xpirati.on of tho term specified in Paragraph 1 (a) ,above, if the Concessionaire has made full payment under "SUPP" TIVE 5- DOCU r• .. 1 ll 1 S • this concession Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property from the park and shall do so within two weeks following the expiration of the Agreement. On failure to do so, the CITY may cause same to be removed and stored at the cost and expense of the Concessionaire and the CITY shall have a continuing lion thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expense, plus the expense of the sale. 17. RIGHT TO AUDIT RECORDS The Concessionaire agrees to establish and maintain such records as be prescribed by the CITY in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the CITY the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the CITY and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the designated place within fifteen days after the CITY'S notice is received. The Concessionaire agrees to provide to the CITY, in a format specified in an attachment hereto, a profit and loss statement of the concession operation for each calendar year. The report will be submitted to the CITY within sixty days after the close of the calendar year. 18. REPORTS OF VISITOR USE The Concessionaire agrees to cooperate with the CITY in the conduct of surveys, to provide reports of visitor contacts, and to respond to Department inquiries about public usage concession services. 19. RIGHT TO INSPECTION OF PRELMISES The Concessionaire agrees that the concession facilities and premises may be inspected at anytime by authorized representatives of the City Manager or his designee or by an other state, county, or municipal officer or agency having resoonsibilities for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors. 20. INTERFERENCE The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference by any public agency or official in the operation of this concession; any such interference shall not relieve the Concessionaire from any obligation hereunder. 21. WAIVER OF CLAIM The Concessionaire hereby expressly waives all claims for loss or damage sustained by the Concessionaire resulting from fire, water, tornado, civil commotion, or riot; and the Concessionaire hereby expressly waivq,s,all rights, claims, and demands and f.orcver releases and discharges raj � the people of the City of Idiami, Florida, from all deman(,Is, claims, actions and causes of action arising from ally of the aforesaid' causes. 22. HOLD HAMLESS The Concessionaire assumes all risk in the operation of this concession and shall be sol.ely responsible and*answerable in damages for accidents or .injuries to persons or property, whether direct or indirect, arising out of the operation of this concession or arising by virture of the carelessness, negligence or improper conduct of the Concessionaire or any servant, agent or culployee of the Conccss.ionaire, and hereby covenants and agrees to i.cicmnify and save harmless the City of Miami, Florida and their officers and employees from every such claim, suit, loss damage or injury, which responsibility shall not be limited to the insurance coverage herein required. 23. HOURS OF OPE:R1TIO'N AND SIGNS The Concessionaire agrees to operate and maintain the concession in compliance with this Agreement and in accordance with applicable law and policy. The Concessionaire agrees to provide the authorized services to the public throughout the daily hours the park is open or as otherwise approved by the City Manager. Business hours shall be posted by the Concessionaire near the main entrance to the concession facilities. The Concessionaire agrees to submit to the CITY for prior approval all proposed advertising, brochures, and signs. As a general policy the CITY will not approve billboard advertising for the Concessionaire either inside or outside the park. Appropriate e:;tei.ior signs for the Concessionaire's facilities will be provided by tile. CITY. 24. TRAINING The Concessionaire agrees to provide continuing training and evaluation of all employees assigned to the concession operation to ensure an appropriate level of proficiency and public service orientation. Tile Concessionaire agrees to replace any employee at the request of the CITY for cause. ado City employee or close relative of an employeo of the CITY shall be 01Rployed by t:he COIICCSSiOnlirO without express written permission of the City Manager. 25. I11DT`: 111F ICA' J0fl Ail) SUSPENSION The Concessionaire will not use, nor sut'fer or permit any persatl to use in any manner whatsoever, the assigned concession facilities for any improper., immoral or offens.ivr, purpose, or for any purpose in violation or any federal., state, county, or Municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. 1'11e CC>llcessiollaire will protect, idemnify, and forever nave and keep harmless the CITY and incliv.idual members thereof and their agonts, from and against dcunacle, penalty, fine, judgment, expense "SUPPORTIVE DOCUMENTS FOLLOW" J or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire or any employee, person or occupant. In the event of any violation by the Concessionaire of if the CITY or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, the CITY shall have the right to suspend the operation of the concession should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the CITY within twenty-four hours after receiving notice of the nature and extent of such violation, conduct, or practice. Tile Concessionaire further agrees not to commence operation during the suspension until the violation has been corrected to the satisfaction of the CITY. 26. APPROVAL, OF PRICES AND FEES The Concessionaire agrees that prices and fees charged for concession merchandise and services will be consistent with those charged for similar merchandise and services in the general vicinity of the park. The CITY shall have the final right of approval for all such prices and fees, but said right shall not be arbitrarily or unreasonably exercised. The Concessionaire agrees to refrain from the sale or rental of any item identified as prohibited by the CITY and to sell or rent only those categories of merchandise and equipment recommended by the CITY. The Concessionaire agrees to maintain an adequate supply of any merchandise which the CITY deems necessary to accommodate park visitors. The Concessionaire will ensure that all merchandise and services offered to the public are of acceptable quality and are safe and clean. 27. STORAGE OF DANGEROUS SUBSTANCES The Concessionaire agrees not to use or permit in the facility the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. 28. REPRESENTATIVE CAPACITY It is expressly understood and agreed by and between the parties hereto that the members constituting the Department of Leisure Services Of the City of Miami and its officers and agents are acting in a representative capacity and not for their own benefit; and that neither the Concessionaire nor any occupant shall have any claim against them or any of them as individuals in any event whatsoever. 29. REVOCATION OP' CONCESSION PRIVILEGE If the Concessionaire fails to comply with any of the terms hereof, the CITY may cancel this; Agreement and revoke the privilege of the zsSUnno,. MVE a Concessionaire to come upon the CITY 'S property for purposes for whi.ch this concession Was granted and may oust and remove all. parties who may be present upon or occupy any part of the premises for the purpose of exercising any rights so revoked. 30. CONCESSION PRIVILEGE, It is the intent of the CITY, concurring in by the Concessi.onairc, that this Agreement shall not, a-,o againcrt the CITY, vest any right in the Concessionaire; anti -,;hall be dcemod only Llre grant of a priv.ilego to the Concessionaire to carry out the terms of thio Agroement on property of the CITY so long as such Agreement or privilege shall be in force. it is further the intent of the parties hereto that violation of, or failure to co►nply with, the terms of this Agreement shall, at the option of. 'tile CITY terminate this Agreement and privilege upon three days notice in writing delivered or mailed to the Concessionaire's address as set forth in Paragraph 2 hereof. If the CITY does not afford Concessionaire the opportunity to mend any default Within a specified time, the privilege shall terminate and the Concessionaire shall remove himself and his property from the premises, if all financial obligations hereunder have been met. Continued occupancy Of the facility after termination of the privilege shall constitute trespass by the Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall pay to the CITY $100.00 per day as liquidated damages for such trespass and holding over. 31. INSURANCE The Concessionaire shall idemnify and save the CITY harmless from any and all claims, liability, losses, and causes of action which may arise out of the Concessionaire's operation of this Agreement and shall pay all claims and losses of any nature ,;hatsoever in connection therewith and shall defend all. suits, in the name of the CITY when applicable, and shall pay all costs and judgments %,;h.ich may issue thereon. The Concessionaire shall maintain during the term of this Agreement the following insurance. A. Public Liability Insurance in the amounts of not less titan $ 320,OSQ_. per occurrence for death er budi.ly injury and not less than$ r, ..000 per occurrence for property darrrane. Above to include product liability. 13, The CITY shall be earned as an addi.ttonal insured under the policies of insurance as required in Paragraph "A" of this Agreement. C. Autornobilo I.1abili.Ly Insurance coveri.ng all owned, non -owned, and hired vehicles in amounts of not: loss than $1,000,000.00 per accident and $300,000.00 par occurrence of bodily injury and $10,000.00 per occurrence of hodi.ly injury and $10,000.00 property damage. "SUPPORTIVE - - DOCUMENTS FOLLOW" 80"(;40 D. The CITY shall be given at least thirty (30) da*/3 aciv�inco writtun notice of cancellation of said policies or any m,1turin1 modification^ thereof. E. Certificates of insurance shall be filed with the Finance Depar.tmant, Mask: Management Division of the CVVY. 1'. The insurance coverage required :;hall .include tho:;e classificat10))G as listed in standard liability insurance manuals, which most nearly reflect the operations of the Concessionaire.' G. All insurance policies shall be issued by companies authorised to do business under the laws of the State of Florida and must be rated at least "A" as to management and Class "V as to financl.al strength, all in accordance to A.LN. BEST'S KEY NVPING GUIDE, latest edition. H. The CITY reserves the right to amend the insurance requirements as circumstances dictate in order to protect the interest of the CITY in this concession Agreement. I. 'Pile Concessionaire shall furnish certificates of insurance to the CIT prior to the commencement of operations, which certificates shall clearly indicate the Concessionaire has obtained insurance in the type, amount, and classifications as required for strict compliance with this covenant and shall be subject to the approval of the Department of Finance, Risk Management Division. J. The policy shall be endorsee] as follows: It is agreed that in the event of any claim or suit against the,insured for damages covered by this policy, the insurance company will not deny liability by the use of a defense based upon governmental immunity. 32. ATTORMY'S FEES In the event of any litigation between the parties to enforce any of the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees. 33. CAPTIONS The captions contained in this 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 provision thereof. 34. ENTIRR AGPT. MENT The provisions of the concession Agreement constitutes the entire agreement between the parties and no prior agreements or representations shall be binding upon any of the parties unless incorporated in this concession Agreement. No modification, release, discharge, or waiver of any of the provisions hereof shall be of force and effect unless in writing and signed by both parties. 35. NOri DI5CRI -11NATTON The Concessionaire agrees th.it there shall be no discrimination as to race, sex, color, creed or national origin in connection with the use, maintence and operation of the premises by Concessionaire. SUPPORTIVE DOCUMENTS FOLLOW" � w IN WITNESS 4111FAU.OF , the parties hereto have hereunto executed this instrument for the purpose- herein expressed, the clay and year above written. TENANT LANDLORD CITY OF MTAMI, FLORIDA D, r: President City Manager Attest: Secretary (Corporate Seal) * Witnesses: f r , Approved as to I'orm and Correctness: George I'. Knox, Jr., City Attorney Attest: City Clerk A 'ro be used if tenant is not a corporation. 80- 640