HomeMy WebLinkAboutR-79-0620for and,
Concession
stands at the Coconut Grove Exhibition Center;
has offer
of those
RESOLUTION NO.
79-620
A RESOLUTION AUTHORIZING THE CITY MANAGER.TO
ACCEPT THE PROPOSAL OP JERRY'S, INC. FOR
OPERATION OF THE RESTAURANT AND CONCESSION
STANDS AT THE COCONUT GROVE EXHIBITION_. CENTER;;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE`
THE ATTACHED AGREEMENT IN CONNECTION THEREWITH.
WHEREAS, the City of Miami has advertised
received proposals for the operation of the Restaurant and.
and
it has been determined that Jerry .'s,,Inc.
ed the bdwhich is the most advantageous to the City',
submitted; and
WHEREAS,
WHEREAS, Jerry's, Inc. lb extremely well qualified
to operate a clean and healthful restaurant and concession
operation for the pleasure and convenience of patrons of th
Coconut Grove Exhibition Center; and
WHEREAS, Jerry's, Inc has offered to —equip the
and concession stands 'serve quality food prepared
restaurant
in a
and
tasty manner,
trained,,
and
provide'.a .colorful and attractive decor;
WHEREAS, Jerry's, Inc. has, agreed to°provide ample
and uniformed personnel to staff the restaurant and.,
concession stand operations efficiently;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
accept
Inc . fo
Section 1. The -City Manager is hereby authorized
the proposal and execute the attached contract, with Jerry
r operation of the restaurant and concession stands .,,at
the Coconut Grove Exhibition Center.:.
'`DQCUtilEMT I
ITEM NO.�
s,
CITY COMMISSION
MEETING OF
SEP 13 197.9
flOraimoi+ 0.7.9... 2
PASSED AND ADOPTED this 13th day of September , '1979.
ATTEST:
Nattrice A.. Ferre
•M' A. Y OR
PREPARED AND APPROVED BY:
/ ASSISTANT IT. ATTO NEY
APPROVED AS TO FORM AND CORRECTNESS:
— CITY ATTORNEY
79-620
BID SECURITY
Restaurant Concession -Coconut Grove
Exhibition Center
44ada & Marino
DATE BIOS RECEIVED June 12, 1979
BIDDER
TYPE OF SECURITY
FOR
AMOUNT ACCOUNTING
USE
Jerry's Caterers, Inc.
Cashier's Check #282841 $5,000.00
P.O. Box 59-2817 AMP
Miami, Florida 33159
Gladieux Food Services, Inc.. Gladieux Food`Services Inc $5,000:00
2630 West Laskey Road 4/53019
Toledo, Ohio 43697
/7
Atlantic Concession Assoc..Inc Cashier's check_#13.516'
1300 Stirling Road, Suite 9B
Dania, Florida 33004
,000.00
000` 00
1110 Brickell Avenue
Miami, Florida 33131
Food Services International;
P. 0. Box 22578
No Bid
Fort Lauderdale, F1 33335
General Concession Crop. d/b/- No Bid
Theatre Popcorn Co.
5525 N. E. 2nd,cAvenue
Miami. Florida 33137
• *sooivo
i ioscr b• eb eks this_ i' day of '� •
19�
�'FOR ACCOUNTING DIVISION
CITY OF MIAMI, FLORIDA
REQUISITION FOR QUANTITY REPRESENTS DEPARTMENT
ADVERTISEMENT FOR BIDS REQUIREMENTS FOR MONTHS
RECEIVED
v19 MAY 9 N14 it 25
L Rgto G. On_
lorkJgt
DEPTIDIV St. d urVS and Marinas city of y► City Ctens Fl>•.
ACCOUNT CODE /d0801. -773
Q BID NO. 7R__79. 90
DATE t'a•, 4. :1979
CI PREPARED 'BY ,-; :i PHONE 5•Th6180
CODE
ITEM DESCRIPTION
QUANTITY
UNIT
PRICE
AMT.
TOTAL
ESTIMATED COST :
CONTRACTUAL:
INCIDENTAL :
TOTAL
SOURCE OF FUNDS;
500.00
500.00
APPROVED BY.•
BIDS TO BE SECURED FOR
Restaurant ConceE:si.on--
Coconut Grove .L:<b.i.hit5.on Cent,.
FOR THE DEPARTMENT OF:
Stadiums and Marinas
ADVERTISE ON
;May 10, 1979
BIDS: TO BE RECEIVED ON
June 12, 1979
DIRECTOR OF ISSUING DEPARTMENT, ,
To be filled in by
EXPENDITURE CONTROL:
PROJECT CODE
% •
FUNDS AVAIL -ABLE FOR PROJECT INVOLVED ..-�" a' � � / n
AD CODE
EXPENDITURE CONTROLLER
410801--7.71
r;OP!IiS TO: Purchasing (O►g.) - City Manager — City Clerk-Expennditure Control — Issuing Department — Other Affected Department
FORM NO. 1043-REV. 74 WHITE - GREEN PINK - CANARY BLUE GOLDENROD
+. •
ADVERTiSEMENT FOR PROPOSALS
FOR THE
EXCLUSIVE OPERATION OF THE RESTAURANT
aND/OR CONCESSION STANDS AT THE,
COCONUT GROVE EXHIBITION_GENTgliw.
MIAMI, FLORIDA
PURPOSE
Bid No. 78-79-90
, .
The City of .Miami intends to lease two food and
•
beverage operations at. the CoconutGrove Exhibition Center :for,
the exclusive right of an operator(s) to 'provide food and
beverage service in the Restaurant and/or the Concession Stands.
. , .
Preference for award of a contract Will be given to proposals
. • .
which indicate -a -deeire, to operateboth the restaurant and con-
'
cession stands, but -separate awards may be made if the City Manager
determines. that separate awards would be in the City's interest.
In order to grant the exclusive rights to these operations, the
City Manager will receive sealed competitive proposals from
interested parties who qualify under other provisions of this Request
for Proposal (RFP). For Proposal Forms call 579-6961.
SUBMISSION
Clerk of
Proposals will be received by the Office of the City
the City of Miami at:
City Hall, Dinner Key
P. 0. Box 330708
Mimi, Florida 33133
•
All proposals.must be, submitted,bY,3:OO p.m. on June 12, 122
and should adhere;,to the instructions contained in this request.
DEPOSIT.
Each proposal must be accompanied -by a guaranteed
deposit of five thousand dollar's ($5,000) in the form of
certified cheek or bank draft.
The City:- Manager reserves the:right toreject any.
proposal to waive informalities, technicalities and irregular-,'
ities•and to re -advertise.
DINNER
KEY/COCONUT GROVE BACKGROUND
Grove`:"Exh
For the,nearly 30 years' of its existence, the Coconut
ibition Center has been highly successful at serving its
designed function as, a public facility with sufficiently large
•
floor space to attract major trade shows, arts and craft shows,
pet shows, and. other events of. public interest. That it provides
a convenient and important service to the public is borne out by
the fact that,.,-despite:its shortcomings such as lack of air con-
ditioningand poor sanitary; facilities, 330,753 persons attended
events there between October 1976 and October 1977
The need for continued provision of the services offered
by this facility has been recognized by the City and a program of
renovation has just been .completed which has entirely modernized
the facility , at a` cost of almost four million dollars.
Located on Biscayne Bay, about five miles: south of :'down-
town: Miami, the renovated Coconut Grove; Exhibition Center,. with
its 80,000 square -feet: of floor: space, is within easy walking of
the center of Coconut Grove, the Coconut Grove Bayfront Park to the
south and :the Kennedy Parkto the north. The City of Miami City
Hallbuilding, several'. other City buildings' and the Dinner Key
Marina, with its 370 slipsof,which over 100 are occupied by live -
aboard` tenants, are within one hundredyards of the Exhibition
Center. Development of Fair Isle,:two miles north of the Exhibi-
tion Center, will add- hundreds of
Coconut Grove Hotel, Sailboat<Bay, and Yacht :Harbor,
several other nearby motels, apartment buildings, and condo
miniums, provide accommodations for prospective attendees and
restaurant patrons.
Coconut Grove has developed: as a major community within
the City of Miami. Its unique shopping areas, residential housing
and community facilities has placed it among one of the most
exciting and popular places to both live and visit in Miami.
The presence of major restaurants, hotels, discotheques and unique
retail store in the Grove adds to the exciting environment of
Coconut Grove.
Joseph R. Crassie
City Manager
RESTAURANT AND 'CONCESSION AGREEMENT
79-620
CONCESSION AGPEEKENT
TABLE OF CONTENT
PREAVIBLE
1. LOCTIOA OF CONCESSION, TERM, Alit) USL
I,V)1VD.7IBLE OPERATION •
FACILITIES AND SPACE.PROVIDED
4. '2,LEI,1N/OrEFATIONAL APPROVAL5. COIRATION
u. L1coRips
7. 71,7v-LNuhs
SAL:LS' •
. . „
CAF. RL.",ICTBF.S
1:. AN'1.':-ARBACE DISPOSAL
11. iV-AIFTATE ANn PESOAAL PROPERTY
...L. • a. L 4-2 ... 1 ('0.P1V-.:EAT
13. AND CUSTODIAL SERVICES
14. FUELIC COiSTRUCTION SUhETY BOND
A.N3 LICEj6LS
17. jUTCA:CL% RL OPERATION
16. _I,UOR LICLNSES
3
20. .:E.773*S
21. IO.T TO II-SPECTION OF PREMISES
22.'1..7.PROPER USL AND SUSPENSION
23. STORAGE 01' DAjGEROUS SUBSTANCES
24. hOLD'hAR:MESS
• 25. ISURANCE 15
26. DAIP.A(.;E OR DESTRUCTION OF BUILDING.'•7 '
27. EXCLUSIVITY . 7 -. -
28. CONCESSION PRIVILEGE
•• ,
29.-.00,7-PARTNERShIP
30. DEFINITION OF CONCESSIONAIRE
-••••••,10a
CONCESSION AGREEMENT
TABLE OF
continue
31..
CONTENTS
PAGE=.
EXTENSION, ASSIGNMENT, OR TRANSFER OF STOCK 1$'
32. TERMINATION BY CITY.
SURRENDER OF ALCOHOLIC BEVERAGE LICENSES.
REVOCATION OF CONCESSION PRIVILEGE
J 5 ...NON: DISCRIMINATIGN.
37.
38.
3°
:ATTORNEY.'S FEE
CAPTIO;1S
NOTICES;
ENTIRE AGREEMENT
• •-• :'• •
• • •
•••' ,•'
day of , 1979, by and between the CITY OF MIAMI, a
referred and
corporatlon, herelnafter referred to as the "CONCESSIONAIRE".
- • '•• : •
•••• . -• "
-
- •
'
ved
at
concession
. ,.-t-p.51 it - is the most
__clUalifie
reeP- stands has been
de' tadvantageousd
1,!liE ,.,.., which
we
has se ,
the.'bl em
ol.
- of
those ed submitted; is r
-4'fer and xt e
proposals for nut Grove ,
WHEREAS
the, operationJERR
the CITY
oftiop 1,1c;
ri ter.
' he restaurantter;
ly
e and
that , the
1
he cqc° miiled sc''
Exhibi vs..2 1
OF NIANI- has advertised for,aannd
,
tCenter;
CITY ,
- ' • -
WHEREAS, JERR'S, .INC.
to operate a clean and healthful 'restaurant and coneesion
operation for. the convenience of .pa r .
pleasure arid t ors of the
. - .
- ,
Coconut Grove Exhibition- Center; and -
JERRY''q' INC. has offered to equip the,
• • - • .
restaurant arid concession stands, serve quality foodprepared
in a tasty manner, and provide a colorful and attractive
decor; and
lH
Ea. REAS, JERRY'S, INC. has agreed to provide mples
trairled, and'uniformed personnel to staff the restaurant and
concession stand operationE:, efficl.ently;
NOW, THEREFORE, in consideration of' the proTnises
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
a.greernent to operate the following described restaurant and
a
City Manager for specie"1 events when;
the sole and exclusive judgment,of the City`
Manager or City Commission, such .Sales :are
warranted.
All food and beverages sold under
the terns of this . Agreement will be
old only
for.. consumption on the premises. This busi
ness will be conducted in compliance with
terms of this Agreement.
�.. INDIVISIBLE OPERATION
It is the intent of the CITY that this shall
one inseparable
Ex
Agreement for the operation by the CONCESSIONAIRE
both the Restaurant and Concession ;Stands. at Coconut'. Grove
hibition Center and that the CONCESSIONAIRE shall no have
determines
the privilege of• making a` decision°to=operate the Restaurant
but riot the Concess•ion Stands;' or vice -versa. If the CONCESS
that he would like. to discontinue operation" of ''either,
the:,Restaurant_or.C.oncession Stands and continue operating only'
^ ter
one of these entities, he may: only
specific written approval of the City Manager.
Manager disapproves of such a proposal then` the
shall eithercontinue:. operating both activities
shall be terminated and. the penalties for non-performance
be the CONCESSIONAIRE
assessed against
the previously
CITY has
completed
passenger
with
FACILITIES AND.
do
SO
SPACE PROVIDED
receiving
tie.
f the City
IONAIRE
CONCESSIONAIRE
or this
Agreement
shall'
The CITY agrees to furnish;to the.CONCESSIONAIRE
,� identified physical facilities and space. The
provided
toilets,
basic air-conditioning with stubbed -out ducts,
kitchen freight elevator and dumbwaiters,
elevator for exclusive restaurant use, kitchen area
stubbed-out utilities, finished interior facade, indoor
restaurant dining area (unfinished), and exterior patio
dining area (unfinished).: Prior to commencement:
restaurant
-any modfi
concession'
stands. in:Coconut..Grove ExhibitionCenter, i
conformance with the purpose and for the period
•
and subject to all the
and fairly implied by
a. THIS
stated: herein
terms and, Conditions herein contained
the terms hereinafter set forth.
AGREEP4ENT SHALL` COMMENCE. OM THE lst day
of October,A.D., 1979,
iay of centember,A.D.,
and shall end on the 30th
1989. This privilege
may be renegotiated for; three additional and
individual (separate)
upon request of the
five-year, period
CONCESSIONAIRE submitted
in writing at least `'six months priorto each
termination date. Failure to reach mutually;
agreeable terms for'any 'renegotiation shall
serve to terminate this Agreement without
penalty to either party.;
The CITY hereby provides
the CONCESSIONAIRE
the following facilities and space:
Restaurant
and concession stand space in :Coconut Grove
Exhibition Center as depicted on Exhibits A
and.B hereto , and parking area as depicted
on Exhibit C hereto..
The CONCESSIONAIRE is hereby authorized to
conduct the` following kinds ;of. business and
to provide the`fol1o'1ng kinds of services
Sale of food and beverages
(including
beverages) in the Restaurant, `a
food and beverages (excluding a
alcoholic
d sale :.o
coholic,
beverages except beer and w ne). n the.con-
cession stands. Upon separate written
from the CONCESSIONAIREto the City Manager`
in`.each instanc,e,.however, sale of'al'l.alcoholic
beverages,
for consumption on
exhibition hall areas, may be
request
Premises . in the
authorized by the
2
4110
City: Manager for spedial events. 'when iri
• . • .. • .• .
A the sole and exclusive judgment A...,
• • • • .
'•'••• Manager or City CommIssl.on',:uch sales are
• warranted. All food and', -beverages: so14...,tirider,
...the. terms of this Agreementwili be o1d only
. . ..•
for 'consumption on the premises.
This bUsi-
nesswll]. be conducted in compliance with
terms of this Agreement •
INDIVISIBLE OPERATION
It is the intent of the CITY that this shal3. be
one inseparable Agreement for the operation by the CONCESSIONAIRE
the privilege of making a decision to operate the Resta.u., rant
but not the Concession Stands, or vice-versaIf t
Exhibition Center and that the CONCESSIONAIRE shall not have
of both the Restaurant and doncession Stands at, Coconut Grove
. he CONCESSIONAIRE
determines that he would like to discontinue operation of either
the Restaurant or Concession Stands and continue operating only
' •
one of these entities, he may only do so after receiving the
• •
•If the City
•
roval of the
specific written
..• Naraer disapproves of such a proposal then the CONC'ESSIONPIRE
shall either continue operating both activities or this Agreement
shall be terrilnated and the penalties for non-performance shall
be assessed agalnst the CONCESSIONAIRE
..• • •
••3 FACILITIES ND SPACE PROVIDED
• •-• „
• .',-..•Th.e.'-..eCITY:.'..agrees:tO':fUrniSh,"'",:tO-"•..=:-;thecONcEssIONATRE.';','...
••
the
• •
_. • --- • •...
• -•:••• • • -•
• ,•previously identified•••:- •::..•,:.••••physical• •
• ..,-.•••.:..•••• •• • • „.
CITyhaaprOVided.'..-•bati,:dircOnditioning:::-WithatUbbedOutducts,
. _ . _ . . . . . , . , .
completed toilets kitchen freight el.eva.tor and' dumbwai ei^s
passenger elevator for exclusive restaurant use, kitchen area
with stubbed -out Utilities, finished interior facade, indoor
• .•
. .
restaurant dining area (unfinished), arid exterior patio restaurant
dining area (unfinished).- Prior to..CommenCemerif,Oi" - any .modif-
. . ,
, . . .
- - • - •-•
. , .
•
4
cations to the facilities and space provided to the CONCESSIONAIRE
by the CITY, the CONCESSIONAIRE shall provide his detailed plans
and specifications to the City Manager for review and approval.
Said plans and specifications must be submitted within sixty (60)
days following contract award. All improvements, furnishings,.
fixtures, and equipment shall be provided at the sole cost of the
CONCESSIONAIRE and shall become the property of the CITY upon
. •,
termination of' this Agreement and its option periods. CONCESSIONAIRE'S
initial investment requirement for improvements, furnishings'
fixtures, and uipment eq was estimated by him in his bid proposal
to be ti-126,000. CONCESSIONAIRE maY spend more than that amount
as an initial investment but hereby agrees to spend no less than
ten Percent, (10%) beneath that amount (ors not less than $383,400).
The CONCESSIONAIRE shall keep accurate and complete records of his
exper-,ditures for improvements, furnishings, fixtures, and equipment
and shall make them available to the City Manager or his appropriate
result of inability of the parties to successfully
representative upon request. If this Agreem
then the - -0) days for
a
ent is terminated a
tion term' and for ntohin°thoenre reason,
antmdetnwte.ntCyit(Yinevigi°1tlirateeilummabenunerxts_e
any
°tPhe COIICESSin-ITAIRE0I'riitize d capital
lishinivnegss term
Y2 aadndditemq%:nha-tior its
remcainin=
penditures on impr t e
unamovements,
furnishings,
h ter
. by
made l'
ootion terms shall be CONCESSIONAIREIS fulmleknowledge that
maae the CONCESSIONAIRE duringzithof this Agree
tl-,ese improvements, furnishings, fixtures, and equipnt wil1 become
the property of the CITY unless, by written approv
a
l of
the CITY'
arrangerrients are made whereby the CITY agrees to reimburse the CON -
I
CESSIONAIRE for any remaining unamortized capital investment he may
have at the final termination of the Agreement and its option terms.
No reirnbursemerlts will be made if' termination of this
Agreement is caused by failure to comply with any of the terms herein.
For oses of this Agreement, the, furnishings, lease-
hold improvements, and equipment shall be depreciated on a straight-
line method over a ten-year period from the initial day of CONCES-
SIONAIRE'S operations or the date of its installation' whichever is
later.
DESIGN/OPERATIONAL APPROVAL
• • - .• .
• The :CONCESSIONAIRE-. triUSt...-.•'Obtain:',".1Written'-'.aO.P.ra;:f::";:-.,:-:
• • -
• • - - • ..„
'friOrit-the,:-.-CitY:-'114ailager for all 'of'. the.' - following
•
. .
••'- -••-•
a. Hours of daily operation
. Menu arid price charges
. Decor, signage a.nd graphics changes from
,origl.na.13.y approved specifica.t ions .
CONSIDERATION
. • • . . . • ...• .
The CONCESSIONAIRE agrees to pay the CITY, as
consider.ation for the privilege of operating this Restaurant
and Concession the following:
a. Mininitirri Guarantee Payment:
Starting on the commencement date of this
•
agreement, as set forth in paragraph la
above, the CONCESSIONAIRE shall pay to the
CITY, a minimum guaranteed monthly amount of
TV70 Thousand Five Hundred Dollars ($2;50)
until the restaurant becomes operational.
At such time as the restaurant becomes
- • • ... •
operational the CONCESSIONAIRE', sha3.1, pay to •
the
CITY a minimum guaranteed monthly amourit
• .-
•
Four Thousand Five Hundred:, Seventy-five
. . - .
Dollars .( $14,575) . • The said monthly rnininiurn
guaranteed amount shall be paid
to
eding
the CITY
mbyoritthhe. 20tb daye°n-tf :each monthtafg°e payment :
PaYm Percentage
1, the Prec
Percentage
Stand this Agree-
ment, iy
hesseino each year immediately
d of
ctontces be maadleg
t, ca n
:en oafrindiate
of' the CONCESSIONAIRE'S gross
.„.
concession stand sales (less State
sales tax) for thepreceding;Agreemen
year. If CONCESSIONAIRE'S annual ,gross
concession stand sales (less State`
sales :.tax are . One Hundred Thousand
Dollars ($100,000) or less; then. the
CONCESSIONAIRE shall subtract the annual`
minimum guaranteed.. amount of Fifty -Four
Thousand' Nine Hundred `Dollars ($5,4,900)
paid to the CITY from Twenty —Percent
(20 0) .of his annual gross concession
stand revenue's (less State sales tax)
,and.pay the difference, if any, to the
CITY no later than October 2C cf that.
ear. :If -CONCESSIONAIRE'S annual gross
concession stand sales (less
tax .,are. between One. Hundred _Thousand
State sales
Dollars ($100,000) arid One Huridred Fifty
Thousand; Dollars ($150;,000) then the
CONCESSIONAIRE shall subtract the
minimum guaranteed payment' amount
annual
of.
four Thousand Nine Hundred. Dollars
($54,900).made to the CITY from Twenty
five- percent '(25%_) of,:his -annual—gross
concession stand revenue. (.less State.;;
sales tax) and pay the'differene
any, to the CITY no later. than
Of that year. If CONCESSIONAIRE'S
gross concession -stand Sales (less
October 2C
annual
State
sales tax) exceed One°Hundred:'<Fifty
Thousand,:Dollars;($150,000) then the
CONCESSIONAIRE shall subtract/the;:'`
annual minimum guaranteed payment.. of,
Fifty-four Thousand Vine Hundred Dollars
($54,900) made to the CITY from Thirty
0o n
percent (300) of his annual; gross`
cession stand revenue (less -State sales
tax).and pay the
difference,'; if ,any,
the CITY no Pater . than October .. of
year. Until the restaurant becomes.
operational: the above calculations shall
o
4J'' '1 L
e made', using 'a;;:Thirty Thousand Dollar
($ 0,000) annual guaranteed payment'.(o
a proration of both, as'appropriate)
-Restaurant Percentage Payment
In' addition to ?the'. concession stand.
percentage payment, at such time as t'e
restaurant.`_ becomes operational tYie..CON-
CESSIONAIRE shall pay each month to the
CITY Five percent (5%) of all gross,
revenues from restaurant sales' ,less
State salestax')
or; the;:
•
combined Restaurant
and Concession Stand monthly:"guaranteed
amount of Four ,Thousand `--Five Hundred
Seventy.five. Dollars- ($4-,575),,whichever
is greater. Said .monthly amount sha11
be .paid to the cCITY no.,later' than the
.20th of the following month.'
6;. 'RECORDS
The CONCESSIONAIRE must maintain,,
of this Agreement, all books;of account, reports
must include register tapes customarily -use
which
uring the ',term
and records, ;
d in this 'type'
of operation, in accordance with generally accepted accounting,
practices and standards. The form of all the records and
reports will
of Finance
be subject to the approval of the City's.Director
Recomriiendations for changes; additionsor deletions
by the -auditor of the` CITY will be complied with by, the `CON
CESSIONAIRE.when`requested: The auditors of th'e CITY must be'
permitted, during normal business hours, to audit and examine.':
the books .of account,: reports,and: records relating to the
CONCESSIONAIRE'S operations.
A monthly statement of gross
revenues
generated under this concession Agreement must be submitted.to the
CITY
with each monthly payment. An annual' statement
operations
must also be submitted, within sixty (60) days.
twelve month period of this Agreement. Late payment shall .be>:
accompanied by liquidated damages in the amount of 1% .o:
of the end of :each
the amount
payable for each day the `'payment is late . ' 'If. the payment and
accumulateddaily penalties are not received within thirty(30)
days
after the normal monthly payment:, deadline, ;th
take: possession of the CONCESSIONAIRE'S assets on
may
to
en t CITY may
CITY property;,
he
cancel this concession Agreement, and may -begin`: procedures
collect the'perform,ance bond referred to in-this`A"greement.
7. GROSS REVENUES
This termis defined as all monies paid or
payable
or considerations ofdeterminable value
received.by, the;
CONCESSIONAIRE for sales
made, transactions had or., or
services
rendered in theoperation of this concession at Coconut; Grove
Exhibition Center, regardless of when or where the order
goods delivered,` or.services rendered,
paid or unpaid, whether on cash or credit basis or in considera-
received, or the
whether
tion of any other thing of value;. provided, however, that a
law which are separately stated
y a customer and directly payable by the CONCESSIONAIRE to a
taxes imposed by
b
to and; paid
taxing authority. andsales refunds shall be excluded.
8 SALES,: USE, AND OTHER TAXES
use;
The CONCESSIONAIRE shall pay the prevailing sales,;
and other taxes applicable to the amounts due the CITY
under terms
of this Agreement.
• CASH REGISTERS
The CONCESSIONAIRE must.Utilize point -of -sale
machines or other accounting cont•
•rol • equipment as appropriate.
for proper control of cash and payments and accurate record
keeping.
•
G. UTILITIES AND<G.ARBAGE:DISPOSAL
a. Restaurant
The CONCESSIONAIRE shall be responsible
pay for all utilities utilized in con
unction
t-rith his restaurant operation` including, . but
not liiniteo. to, gas, electricity, water, and
telephone. Electricity. is separately metered
and shall be: paid` for by CONCESSIONAIRE
directly to Florida Power arid Light Company.
Water shall b
CITY and . shall
separately metered
•
be paid monthly by, CONCESSIONAIRE
by the
to the CITY; in accordance with usage as
shown by the' meter. : Telephone installation
and payment arrangementsshall be made
directly between the CONCESSIONAIRE andthe
telephone company. The CONCESSIONAIRE shall
also make arrangements with a private hauler
for removal of all trash arid garbage generated
as a result of this restaurant operation.
CONCESSIONAIRE shall provide his own trash
and garbage containers and the "CITY will
provide
a convenient location
for their "place..
s also ,be.
ment. Cleaning of grease trap,
shall
personal
the sole responsibility
▪ Concession Stands
Electricity, water, and garbage (or trash)
disposal for. the concession stands shall be
provided by the CITY. I£ the CONCESSIONA.IRE
requires telephones`in the Concession Stand"
of the CONCESSIONAIRE.
areas, however, he shall make installation
and payment arrangements directly with the
telephone company. CONCESSIONAIRE shall
provide his own 'trash and garbage containers
and shall transport his garbage and trash
from the concession stard"areas to .thepoint
of ;'pickup.
• REAL ESTATE' AND PERSONAL :'PROPERTY TAXES;"
Although there
property taxes
are presently no rea
estate or
levied on the Coconut Grove;Exhibition
Center, future taxes and/or assessments
by the CONCESSIONAIRE.sha11 be paid by the
DEFAULT OF PAYMENT
a
on
1
on `the _;premises ��utlized
CONCESSIONAIR
It' is expressly agreed .that >,the .CITY shall have;.
continuing lien on` all `personal ::property o
the premises for all sums which may from
due and unpaid
of payment of
to take
due `Shall
the CONCESSIONAIRE
time `t
time become
to the CITY under this Agreement and upon default
the CONCESSIONAIRE the CITY shall have the right
possession of and retain the same
be, paid, or to;sell :the `same at public auction an
after d
the :pro
proceeds
ciency
until the full amount
deducting the expense of such sale, apply the balance;'o
to such payment and if there should be anydefi-
to resort to any other legal remedy available to it'▪ "'
13. MAINTENANCE AND CUSTODIAL SERVICES
All maintenance and custodial careof equipment
(including elevators and dumbwaiters), furnishings, and
fixtures.
located: within the physical facilities and. space occupled by.
the CONCESSIONAIRE shall be accomplished at the, CONCESSIONAIRE'S
sole expense. The CITY shall be responsible
for maintenance
and custodial matters originating beyond the CONCESSIONAIRE'S
9
evidence
physical
serving
however,
facilities and space occupied.Air conditioning
only restaurant and concession:'stand`
areas
shai'l,
e an exception to the : above, 'and these sha11''
totally maintained and
of the CONCESSIONAIRE.
ment o
units
serviced at the sole cost and<expens
14. PUBLIC CONSTRUCTION :`SURETY s,:BOND
The CONCESSIONAIRE shall,' priorto the commence
-
construction on the premises by the CONCESSIONAIRE' or
any agent f::the CONCESSIONAIRE, furnish the CITY vth.a:Public
Construction Surety bond in .the amount 'of 400,000 naming the
CITY as the Owner and the CONCESSIONAIRE as the Principal. 'The
purpose of this bond >shall be to.•ensure that the CONCESSIONAIRE-
(1) promptly makes , payment
to ;all claimants, as defined 'i
Section 255:.05(1)Florida Statute's, supplying Principal with
labor, materials, or supplies,used directly or indirectly by
Principal in'.'theeprosecution of the work provided for in the
Agreement; (2).'pays the. Owner all losses, damages, expenses•
,±'
costs, including s
and .attorne '_fees y . , appellate proceedngs;.
that
under
work
spec
the
time
the' Owner sustains because of a default by the Principal.
the Agreement , , `and; (3) performs- the. guarantee of ;°a11..
and materials furnished under' the:'Agreement for the time
if ied in the Agreement. This `bond may be terminated, with
ti�rritten approval,of the City :Manager. of the; CITY,' at such
as the restaurant and concession stands are completed
and fully c.perational and open to the public, 'and satisfactory;
is provided by the CONCESSIONAIRE ' to the City ._,Manager
that all requirements of the bond have beensatisfactorily
The form of the bond shall be as approved
by the City Finance Department, Risk Management Division and
shall be in conformity with the requirements of Chapter 255.
concluded.
Florida
Statutes.
15 . PERFORMANCE,BOND
The: CONCESSIONAIRE shall'withiri fifteen (15)
consecutive " calendar days after- final 'executi`on ;of this A'gree-
meat furnish to " the CITY a performance bond in '-the 'amount. of
$.50,000
to bind itself for the faithful performance of the
terms of the Agreement. Said performance bond must be maintained
in full force and effect for the du,ation of this Agreement and
the form of the bond shall be as approved by the CITY
Department, Risk Management Division.
16 PERMITS AND LICENSES
The CONCESSIONAIRE agrees
o obtain all
Finance
required
improvement and renovation:
permits .and licenses necessary for
of the premises and for the conduct of his business, and a
to comply with all laws governing the responsibility of "an
employer with :respect to persons employed by the
17. NUISANCE FREE OPERATION
The CONCESSIOIAIRE agrees; to conduct its opera
tions so that they do riot constitute a nuisance to the Dinner`
Key Marina tenants, events taking" place`
oconu
gr.ees
CONCESSIONAIRE.
rove<Ex-
hibitior. Center, or persons .attending those °events," or the
public -
at -large, in the opinion"of the`City Manager.. The;parti'es"
ackro ledge that ,the well -managed " conduct of the, business con-
,.,
terr.plated. by `this Agreement will not constitute a nuisance.-
18. LIQUOR LICENSES:
It will be the re
o obtain the necessary liquor
sponsibility"of theCONCESSIONAIRE
licenses to 'permit the
of alcoholic beverages as permitted by this Agreement.
CONCESSIONAIRE may sell all alcoholic beverages
but only
beerand`wine
sale
e.
in the restaurant
sales will be permitted by "the CITY'
from the concession stands. Upon separate writtenrequest
from the CONCESSIONAIRE to the City Manager in
each
instance,
however, sale of all alcoholic beverages, for consumption
on -premises in the exhibition hall
areas, may be authorized by
to erect_an appropriate signon South Bayshore Drive.and"
n the. Coconut "Grove Exhibition`
City.:Of, Miami sign Ordinance eontained`in
omprehensive'Zoning Ordinance,, and; further
Manager., : o
written
the City. Manager for special events when, in the sole and ex -
elusive •judgment of -:the City Manager
sales are warranted.`` All alcoholic
with the
rights granted by
accordance
with applicable
or City :Commission;"suer,
beverages sold in.accordance
•
this Agreement will be
ofd"•3r
State beverage regulations.
19 PARK.ING
The CONCESSIONAIRE, his employees and patrons
may have the exclusive right to make use of the Coconut". Grove"
Exhibition Center parking' area delineated on Exhibit C hereto,
non-exclusive right to make use of any and all other
and the
par'kinC areas at Coconut Grove Exhibition Center which are riot
reserved or designated for Marina or other CITY use Control
of the parking area ; delineated for exclusive CONCESSIONAIRE
use shall be the sole responsibility of the. CONCESSIONAIRE;
20." SIGNS_`
CONCESSIONAIRE` shall be permitted by the CITY
appropriate signs
ing subject to the
the City of Miami C
subject to
approval, by the City
f"the plans as to location and content of"the said signs. The
ity Manager's approval shall not be" unreasonably withheld
21. RIGHT TO.I;INSPECTION OF PREMISES"
Center build -
City
r his .designee,
iron
The CONCESSIONAIRE agrees that the s
inspected at any time by authorized
representatives of the City Manager or..his ."designee or by any
facilities
and premises may be.
cor.ces
other state, county, or municipal officer or agency having respon-
sibilities for inspections `of.such operations. . -The. CONCESSIONAIRE
agrees to undertake immediately the correction of
cited by such inspectors.
any deficiency
1
the City Manager for special events when in the sole and ex-
clusive judgment of the City Manager or City Commission, such
sales are warranted.. All alcoholic beverages sold in accbrda.nce
with the rights granted by this Agreement will be •sold in
accordance with applicable State beverage:regulations.
19. PARKING
•
..„ntay hae the exelusive right
•
rxhibition Center parking area delineated on Exhibit C hereto,
and the no/I-exclusive right to make use of any and all other
parking areas at Coconut Grove Exhil:)ition Center which are not
reserved or designated for Marina or other CITY use . Control
of: the parking area delineated for exclusive CONCESSIONAIRE
use shall be the sole responsibility of the CONCESSIONAIRE.
20. SIGNS
CONCESSIONAIRE shall be permitted by the CITY
to erect an appropriate sign on South Bayshore Drive and,
appropriate 54.4 gr.s on the Coconut Grove Exhibition Center
bulld-
ir'g subject to the City of Miami sign Ordinance contained in
the City of Miami Comprehensive Zoning Ordinance, and further
subject to written approval by the City Manager, or his designee,
of the plans as to location and content of the said signs. The
C.ty Manager's approval shall not be unreasonably withheld .
21. RIGHT TO INSPECTION OF PREMISES
•
The CONCESSIONAIRE agrees that the concession
facilities and premises may be inspected at any time by authorized
r,epresentati ves of the City Manager or 111.6 clesignee or bY .any
other state, county, or municipal offi.cer or agency ha.Nring respon-
sibilities for inspections of such operations. The CONCESSIONAIRE
agrees to undertake immediately the correction of any deficiency
cited by such inspectors.
permit
any
IPr1'ROFFR USE ANDeSUSFENSIO1
The CONCESSIONAIRE will' not:_ use,
person tc use
nor: Suffer .or
in .any manner whatsoever, :t1:e:.
a;siF~ned
for any; improper,' immoral: or o"ffetisive
violation of any' i'edEra] , state,
any -purpose
concession facilities
purpose or for any pu
couft.y
or municipalordinance, rule,
order or reFrulation,
any., governmental rule., or regulation now in.''effect
or hereafter
enacted or adopted. The CONCE: IONAIF.E wi]1 protect, indemnify
and--"fore•,'er cave and keep harmless .the CITY and individual rcmber
thereof• and their agents, --.frog: and a to nst damage, penalty, f ir,c.
ed", incurred
judgment, expense" or charge suffered.
imDc's
r,y violation, or breach of any law
cr:' ec u1aticrt occasioned by
CONCESSIONAIRE AIRS or any employee, person
c f any
assessed or
ordinance,.:
ru l e, order'
any act, neglect,or emission cf,'the
or occupant.- In the
elation' by the CONCESSIONAIRE o
• authcri•zed
the
e, cr,t
the CITY. or; its:',:;
representative > shall deem any conduct on the par c
CONCESSIONAIRE to be obtiectionable orimproper, th
sl al1 ha e
the right to suspend the operation". of
should. the CCI;CESS;IONAIRE
conduct
e concession
fail to correct at y ,such:;vie]°atioi;
or practice to the satisfaction of. the."
twenty-four hours after receiving written notice
extent
of such violation, conduct,: or practice.'.
ITY within
the nature and
The CONCESSIONF?PE
further agrees not to cornrnence operation during the :suspension
t
violation has:' been corrected to the satis fact:icn of the
storage in
turpentine,
until
.CITY .
STORAGE OF DANGEROUS SUBSTANCES
The CONCESSIONAIRE agrees not to use or ..permlt.
the facility of gas, illuminating; oils, oii lamps:,
benzine, naphtha, or other: similar ;substances, or
explosives of any kind
the
or any substance or thing:prohibited` in
the ; standard policies of fire insurance companies in the State
of Florida, or prohibited by the Fire Marshall of the City of
Miami. Fire extinguishers as r.equired by the City Fire.
1 be purchased and installed by the CONCESSIONAIRE.
shal
-1
Marshall
tion of
HOLD HARMLESS
The s
'CONCESSIONAIRE assumes all risk in the opera -
this concession and shall be Solely,aresponsible an•
answerable in damages for a
property,, whether direct
tion of this concession or
ccidents.or injuries to persons or
indirect, arising out of' the opera-
arising by virtue of' thecareless-
ness, or improper conduct of the CONCESSIONAIRE or
any servant, agent or employee of the CONCESSIONAIRE, and hereby
negligence
covenants and agrees to indemnify and
OF
suc
save harmless the CITY
MIAMI FLORIDA and their officers and employees from every
h claim, suit, loss, damage or injury, which responsibility
shall not.
be`limited to the insurance coverage herein required.
25.: INSURANCE
The CONCESSIONAIRE shall maintain during the term
this Agreement the following insurance:
Public Liability, including Products,;
Insurance in the amounts o
not
1,000,000 per occurrence for
injury and not less than $50
for property damage.
Liability,
ess than'
eath
000;
or bodily
er occurrence
A standard fire insurance policy on h
andNall,furniture, fixtures, a equipment, and
improvements; including the perils of ,fire,`
extended coverage, and other"peril'`s","for the
acti4aL cash value thereof:.
The'; CITY shall. be named as an'additional
insured a under, the policies of"insurance as
s premises
required by this. Agreement
Automobile Liability Insurance covering all
owned, non -owned, and hired vehicles in
amounts of not less than $100,000.00 per.
accident and $300,000.00 per occurrence of
bodily injury and $10,000.00aproperty 'damage.
a
- 15 -
f. Certificates of.insurance shall be filed with
the Finance Department , Risk Management Divi-
The CITY shall be given at least thirty (30)
days advance itten notice of cancellation
of said poli.cies or any, material modifi.ca-
.
tions thereof .
s ion of the CITY of
The insurance coverage required shall include
those classificati.ons as listed in standard
13.abill.ty insurance manuals, which most
--
nearly reflect the operations of the COTICESSICITATRE.
All insurance 'policies shall be issued by
coripanies a.uthori.zed to do business under the
laws of the State of Florida and must be:nated
at least "A" as to management and Cla.ss ll
as to fl.nancial strength, all An accordance
A.1.1. BEST'S KEY RATING GUIDE, latest edition.
The CITY reserves the right to amend the
insurance. requirernents as circurnstances..
• dictate in order, -..t9.1'.....-:prOteCt•',.'the':=.--interebt of
. •:,..
the
. -
CITY_
,.„,.
, ...„...„
=
• -11'; •
nt
The CONCESSIONAIRE shall furnlsh certificates
• ,
of ttiriarld TTY iriC
• inerit.Yof OperationS,,:whlch certlficates,..-.-:s
cleariy •-the‘• CONCESSIONAIRE,:•=ilas.-:obta.ined
lnsurance In the • catiOn as qu' ,ed for strict coxrpllance
• • =
with 'thi.....Covenant' and-; - be-,. • subject to
.
====
the 'abproval...Of-',Ithe-",17epartrrient.,of,Finan9e
. =..,. _
Risk: Dlanageiilent .••
• =. • ••=, -• •
- 16-
Tlie policy shall be endOrt.ied".„:: as
• • •
"It is agreed that in•th eve-i't �f any
•.-
"- •,
claim or suit against the insured.fot
•-damages covered by thls po'licy, the
insurance company will hot deny ilability
„
by the usegovernmental imnunity."
of a def'ense based upon
2
6. DAMAGE OR •DESTRUCT.ION.',-'0E-'::BUILDING'
In the. event the 'Coconut .Grove Exhibition Center,.
: •
• •
or any portion thereof, is damaged or destroyed by fire or other
casunity, said damage or destruction shall be repaired and restored
by tl:e CITY with due diligence, subject to the right of the
CTrrY, if tl:e cost of repair and restoration is so substantial
, .
as to rake such repaii, or restoration economically unfeasible in
the opi!-Idon of . the -.City Mahager,-:-tO'terMinate," this. Agreerilent
. : - ...- -.-... , . . ...
-- --. . . . ..„.. --.— -.............,:. -,...-,... _ .-.. _ .-. -...
uboii :60 •da,/§' notice'' ' -' - • - . - ,.. ,--,..., ...,:- ...,.....,... .. --.-: .,- ;
. - . . .- . . ....,,.... .,, , .
-• - - . ' - ... .. . :1'..._ . =,-, .. -... .., .,,,, " ' - ' - - :-...;...-.....-..
' -.L. Y-CLUSIV_... ,--r...,...-,-__-_'....:- -.,......,..r. , ,,
' ' --- :- - - --- • -, - . - ., , _ . , ,
27 '' tte,,.le ' cIfr}- agrees- not. tO:-,""est alpl,i!1-1-.--.,,,:"1.7_ne11 76nc773.,on
facill-ty,•or.,.-conCession service' :noonfitct,---or:, irl.coMpeti tio7.‘,....7
with the CONCESSIONAIRE; -111.thOutfirS gi; iil g.1.:,the'",",..CONCE.SIOI.JA,I,
t,=,' opportunity Of prOyiding the:-.se7.vice,:::.,- On: oc,,.77:-,07,.11077\,ern....
,
t/ --,e . are booth's' at cert airi',-",;ciibiti.o ex- Or":". e;y..,nt.S.tak 1•fig.p1. a ce.
at Cocoritzt Grove 'Exhibition" Center.-..7he,reat-Samp.les o f,,, .:".fOc?d.:.or
beverages. are offered:. to .the - publicfor tasting and possibly,
stibsn eqi..ie.:-ItlY, ;for purchase by the public .for.-.COneUMptio7/'off'..","..
the 'PreMites. The'CONCESSIONAIRE; hereby agrees .to-speririit,t173.e,
when itis authorized by the - AticlitoriUrn -Manager,:. anci.......ither"CITy
hereby agrees to coordinate such situations with.'thf-CONC.,,E...‘SSION AIRE
and to Control :and monitorthem carefully to ensure "mini.mal„,_;..‘;;..
. .. .-:. -,„.---..• -:,.-_.-,-;,.„. --
effeCt-on the sales of the CONCESSIONAIRE.
CONCESSION PRIVILEGE " ', :. '.: '-,,•'. -:.- .":".. -.: .-""_;:. ';..":„'•..,- , - _ . ,...:.
• - _.__
t
c
i
t
it,,.is.tt..6,,intnt:9f--he....'CII'Y', c.:iic,.1u1::.,re.,..c1.."-'n:.‘"-'b','-..., he.
- 17 -
construed
CCNCE
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 :cart
out the terms of. this. Agreement on property of the CITY so
g.
long as such A reement 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;pr.ivi,lege
upon three days notice in writing delivered or mailedthe'
CONCESSIONAIRE'S address as set, forth herein.
not afford CONCESSIONAIRE the
within:
a
spec ified
CONCESSIONAIRE shal
premises.,
Continued
privilege
If the .CITY
does
opporturiity:.tomend any default
time, the 'privilege: shall terminate 'and;the
1 remove himself and his property:fr.on the
if all financial obligataons:hereunder'.have been;rnet
occupancy of the facility rafter 'termination of the
shall constitute trespass by the CONCESSIONAIRE,
and',ray be prosecuted as such.:.In addition,.the:CONCESSIONAIRE
'
day: as
shall pay•
tc the CITY=$100per
such trespass and holding
29. CO . -PARTNERSHIP :.
over..
liquidated damages for
Nothing herein contained: shall ;create; or be,
as creating a co partnership; bet%Teen the::CITY. and. the
SIONAIRE or to con,stitute.the CONCESSIONAIRE as an.agent
of the'.CITY.
par
to
les
30. DEFINITION OF CONCESSIONAIRE
ht is expressly under.stood' and.agreed that n
parcel, building
the CONCESSIONAIRE, that he is a CONCESSIONAIRE and not
see; that,the'CONCESSIONAIRE'S'.right to operate.:th
structure,
equipment or space
leased
shall
e :concession
continue, only so long as the concessionoperation; complies
with the
provisions, agreements, stipulations and
conditions of this Concessions Agreement.
31.- EXTENSION, ASSIGNMENT2 OR TRANSFER OF STOCK
The CITY may, by amendment to the Concession:
- 18 -
Agreement, authorize
the ,CONCESSIONAIRE to expand the
services:`
provided. To' encourage continuity of successful operation, the
CITY may give preference to. the existing COtNCES5IONAIRE'in` the .
extension or'renewal of this Agreement. The CONCESSIONAIRE may
not
assign ths`Concession Agreement,; or
approval
of the -CITY'.
32. TERMINATION BY CITY
The CITY reserves
terminate this Agreement at any
any part thereof, without
theright and privilege: ti
time, subject.
to the CONCESSIONAIRE of any unamortized
by
the
CONCESSIONAIRE.
33. SURRENDER
o reimbursement
capital
investment
OF ALCOHOLIC. BEVERAGE LICENSES
In the
event of a
remade
termination of this Agreemen
for any cause including, but not limited to
term thereof, the CONCESSIONAIRE shall surrender any alcoholic
beverage license in effect for the Exhibition Center.,. or any
part thereof, or
at
men
election
assign all .licenses to
expiration o
any designee oft
the
h CITY`
r assign -
the
e
the election or request' of ;:the .;CITY:,' the surrender o
t tc e effected within' three (3) business days after
or request of CITY. If termination is not due .to<;the
of the, term hereunder, CITY' or its designee 'shall,
expiration
pay for;same
the
at its.: prorated cost.
REVOCATION OF CONCESSION PRIVILEGE
If;. the. CONCESSIONAIRE fails to.
terms_ hereof,
comply' with
the CITY may Cancel`this 'Agreement an
the privilege of the CONCESSIONAIRE
to come upon the CI
for purposes for which 'this, concession
and remove all parties
was granted and
anyof
d revoke
TY'SProperty
may oust
who may be present upon or occupy
any?
of the premises for the purpose of exercising any rights
revoked. The CITY shall make no reimbursement of the
iiAIRE'S unamortized.capital investment if terrnination of this
Bement is caused by failure tocomply with any .of the, terms'
Bin, and the CONCESSIONAIRE has failed to, cure. the
part
SO
SIONAIRE'
her
CONCES
violation(`s)
after adequate written notice:"pursuant to paragraph 38 herein
19 -
'NON-,DISCRIMINA.TION:
The CONCESSIONAIRE agrees that
discrimination as to race,
in
sex, color, creed O
there shall be no
r national origin
connection with the use, maintenance and operation of"the
premises by CONCESSIONAIRE.
36, ATTORNEY'S FEES
In the event of any`_li"tigation.,between�the
to enforce any of
parties
the terms or provisions;of this. Agreement
prevailing party shall be entitled to reasonable attorney"'
only
.CAPTIONS
The captions contained this Agreementare
as a matter ofconvenience and for reference
the
fees.
inserted
and in no ;way
shall be deemed
define, limit or prescribe the scope of this Concession' Agree
meet or the °'intent of any provision thereof.
38. NOTICES
All notices from the CITY to the
duly served' if mailed by registered or
CONCESSIONAIRE
main to the CONCESSIONAIRE at the.. following address°:
shall
above
written
must be
Jerry;s "Inc a
P. 0. Box'",59,-2813,3159
:Miami, Florida
All,noticet from theCONCESSIONAI•
be deemed' duly served if mailed',to:
certified
the CITY
The` City:Manager
City of Miami
3500 Pan Amer'lcan.Drive, Dinner:Key`
Miami, Flor.ida 33133
The CONCESSIONAIRE and the CITY rnay change the
Mailing addresses at anytime upon giving the other party
notification. All notices under this Concession Agreement
in writing.
39.
ENTIRE AGREEMENT
The provisions of the Concession Agreement
the entire agreement between the parties and. no
or representations shall, be binding upon any of the parties
incorporated in this Concession Agreement. No modification
constitute
prior agreements
unless
release,
discharge, or waiver of any of the provisions hereof shall be of
force and effect unless in writing and signed by both parties.
this Agreement to be executed
duly authorized.
ATTEST
BY
E.'Y
CITY CLERK:'
SP.CRETAn:I Seal
by their officials
thereunto
CITY OF, MIAMI, ;a Municipal
Corporation Dade County Florida
APPROVED AS TO FORM AND CORRECTNESS
'GEORGE r
::, JR., CITY A ' ORNEY
INC:.`, a Florida Corporation
kmaed
�/C • P ESIDENT
-- ---._._ , S! S
7.2
:S
Hcad
E97
ns Only)
I1tS
-! c _- aLe 1�•1• i :..1 crI:r_'_es-
s .cn ct':'ratis_ s for major
t•... . -•s t _es and govern--
ment as well :s
3 re=t=urants on the . F1 a.
turnpike..
.
i'_;7
Total
Cl
Assets:
Over
million
At least a $50,0n.
-I nvr- tment, in new
furni-
ture; stresses fast
exIi erienCei service;_
standard menu for
concessions.
Dion _sso.,
.ing cad
E,FIa. 33004
,Pres.
y)
.0. Eox
Fla.
as` 'refs .
Cncessions
Yes
Ye
Yes.'
25 yrs.�
Presently cperat,
inr 13 fast-food restau-
rants _nDade & Brol':ard
Counties, and cafeteria.
1
I�t.ePi3
and snack bar in i•letr o
Dade County Justice Bldg.
Presently operating -food
& '-Leverage concessions at
a State i arr_,-eac es, a
CommunityCenter, and
several golf courses.
32 'y °s . ?resently operat-
irg 5 similar type oper•a-
tlo s including two restau-
rants ar.d a cocktail lounge
at Jac -:Eon nosp.,and in—
flight catering for Air 'Ca-
nada & national Airlines.
Excellent
Total
Assets:
Over
1 million
Fair
Total
Assets:
Over
$150,000
Excellent
Total
Assets:
Over
4 million
$ 1 5, 000 to •'_'100, OC'
for new eo u ' r_•ment &
decor; plan to C fee
standard concession
rAc a plus Italian
specialty items such
as pizza, hero sand-
wiches, lasagna,reat
bal ls] sr acretti ,etc .
$82, 847 for new ecuip-'
rent & decor. Will
offer standard cold &
hot sandwiches &
specialty items i.e.
pizza & potato knish.
Will offer highest
quality of foods &
service.
Plans to expend
$426,000 to equip,
furnish & decorate
both the restaurant &
concession areas. es-
taurant to have nauti-
cal decor & speci=lize
in seafood. Standard
menu in concession
stands.
70
36,Cf0
$18,0
$4?4 000
Concession
stands only.
$54, 900 upon
Completion of
entire r_-::,'e,_t
$30,000 or
$2,500 per mo.
until rc_ ..'.-
- a__ti is _n
a
V= t�i t� tL
i 1 V•n
On Concessions
20 of ist
255; if sales are
'" of all =_
_ 7les exceed $15,._ l
:--rocs. 5;_ or. _ : -
La ^- = after ::,S
:nt •
0
CG:: TENTS
Bid , on concessionstands
only.
Not rec ommended.
Good name reco_nition-.
Good experience.
Fid on concession stands
only.
Not recommended.
Lowest bidder.
Bid on concession s
only.:`
Not recommended.
Reputable, experienced:
Bid is contingent upon
operation of both res-
taurant & concession.
Recorrmended.
iccd Servites,inc.
267,0 Lasky Road
Chio 43E97
71. e, Vice -
re. (Ccnce=sions only)
S
Cc7zoli F,estaurants
of Fla.,
Suite 6OE, 1110:
7,ritk11 Ave., Klarrit.-:.
I.7erri11 Lamb,
(Concessions only)
ves
2
a
D
Ati,,ntic Concession Asso.,
Inc., 1300 Stiriing Road
S,'ite 9 2, Dani.=,71a. 33004
S. Cha-les Adams,Pres.
(Concessions -only).
Jerry's, Inc. P.O. Box
59-2E17, Yliami, Fla,
C,--rard J.PenderS.ast,Pres:H:
(Restrant & concessions
combined)
es
a
as
Joseph R. Grassie
City Manager
L.
Depa
nningsl•irector
ent of f.tadiums and Marinas
-T' ..F '.9IA:' ' r..:) r)\
tiff Fy,' t A.F.P1'" {hiIAN°t...,
'79 JUL 13 PSI 2 50 July 3, 1979
Acceptance of bid and award
of contract for operation' of
restaurant and: concession:
stands at Coconut Grove Exhibition
(1) Bid analysis sheet.
(2). Draft Resolution.
(3) Draft -contract.
It is -recommended that the bid of.
Jerry's,--Inc be accepted as being most
advantageous to the City, and that the
City Commission adopt the enclosed Reso
lution authorizing the City Manager to
execute the enclosed contract between the
City and Jerry's, Inc. for operation by;
Jerry's, Inc. of the Restaurant and Con-
cession Stands at Coconut Grove Exhibition'
Center.
On June 12, 1979, bids werereceived by the City from `parties
interested in operating the restaurant and`concession.stands
at Coconut Grove Exhibition Center. Fourbidswere'received
and the enclosed bid analysis sheet provides a summary of
those bids. It is worthy of emphasis here however, that`
although the Request for Proposal (RFP) documentsclearly
stated that preference would be given:.by the City for award
of contract to proposers who indicate `a desire`` to operate
both the restaurant and concession. stands,;. three of the four,
bidders bid on the concession stands only, while the fourth
bidder indicated that it would only, accept a contract which
includes both the restaurant and concession stands but not
either one separately.
Itis further worthy of a reminder here that this is the third
time that the City has offered this operation for bids. The
first bidding resulted in receipt by the City of..only one' bid
which was deterrnined to be unacceptable. Second bidding
produced four bids (also with Jerry's, Inc. bidding on both
the restaurant and concession stands and,: the other three
bidders interested only in the concession stands). The second
set of bids were rejected by the City in .the hope that one more
attempt, with a more concerted effort toward distribution of
the Requests for Proposals, would attract 'more bidders.RF'Ps
for the third bidding were sent toapproximately 115 prospective
bidders with the results herein noted.
Since the bid of Jerry
indicates that
This firm is prepared to expend $426,.0.00
on restaurant and concession stand improve-
ments,
offers the highest minimum guarantee amount
($54,900) of any bidder' (although this
minimum guarantee applies to both operations
whereas the minimum guarantees offered.: by` the
other bidders would apply only to the con
cession stands),
offers 30% of gross (less taxes) of all:con-
cession stand revenues if gross revenues.
exceed $150,000 per year -- (Which will un-'
doubtedly be the best percentage bid for the.
City since gross revenues for the, first eight'
months since opening have amounted to over:
$60,000 with only temporary concession operators.
running the stands, and no beer sales having-
been implemented during those eight months),
offers 5% of gross (less taxes) from all
restaurant revenues which exceed :thebase
amount, and
since the.City will have` no restaurant` operator
at ,all if it does not accept. the bid` of Jerry's,:
Inc.;.
This. Department recommends that the bid of Jerry's, Inc..' be
accepted as being the most advantageous to the 'City 'and: hat.
the City` Comnissionadopt:the enclosed: Resolution _.(Enclosure.. (2))
authorizing the City;Manager:-to execute the enclosed contract
(Enclosure.'(_3)) between'the'City of Miami and Jerry!s, Inc