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HomeMy WebLinkAboutExhibitCity of Miami, Florida RFP 577381 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And Provider This Professional Services Agreement ("Agreement") is entered into this ® day of 2016 by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and . Provider, Ricky Arepas and Hot Dogs, Inc., presently qualified to do business in the State of Florida whose principal address is 414 SW 22nd Avenue, Miami, FL 33135, hereinafter referred to as the ("Provider"). RECITALS: WHEREAS, the City of Miami issued a Request for Proposals No. 577381 on January 11, 2016 (the "RFP" attached hereto, incorporated hereby, and made a part of as Exhibit A) for the provision of Concession Services, ("Services" as more fully set forth in the scope of work "Scope" attached hereto as Exhibit B) for the Parks and Recreation Department and Provider's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as the most qualified proposal for the provision of the Services.; and, WHEREAS, the Evaluation/Selection Committee appointed by the City Manager determined that the Proposal submitted by the Provider was responsive to the RFP requirements and recommended that the City Manager negotiate with the Provider; and WHEREAS, the City wishes to engage the Services of Provider, and Provider wishes to perform the Services for the City; and RFP577381, Concession Services for Grapeland Water Park 1 City of Miami, Florida RFP 577381 WHEREAS, the City and the Provider desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's Request for Proposals ("RFP ") is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Provider's Response and Payment Proposal Schedule dated, February 9, 2016, in response to RFP577381, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Provider's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows: (1) Professional Services Agreement ("PSA"), as it may be amended (2) Addenda/Addendum to the RFP; (3) RFP; and (4) Provider's response and payment proposal schedule dated February 9, 2016, acknowledging scope of services and payment proposal for services and, response to the Request for Proposals. 2. TERM: (Non -Negotiable) The Agreement shall become effective on the date on the first page, and shall be for the duration of three (3) years. The City shall have the right to renew for two (2) additional two (2) year periods. Subject to compliance with applicable laws, the City Manager shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. RFP57738I, Concession Services for Grapeland Water Park 2 City of Miami, Florida RFP 577381 3. SCOPE OF SERVICES: A. Provider agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies, debts, or other obligations or consideration to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Provider has been duly authorized to so execute the same and fully bind Provider as a party to this Agreement. C. Provider shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Provider to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable to the City by the Provider shall be based on the payment proposal schedule in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Provider and not paid directly by the RFP577381, Concession Services for Grapeland Water Park 3 City of Miami, Florida RFP 577381 City, and (ii) any and all liabilities regarding payment to, or use of, subcontractors for any of the Services related to this Agreement shall be borne solely by Provider. 5. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider, its employees, or any subcontractor, or which is otherwise obtained or prepared by Provider solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Provider is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Provider determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: (Non -Negotiable) A. Provider agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Provider which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment to the City by the Provider under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain any and RFP577381, Concession Services for Grapeland Water Park 4 City of Miami, Florida RFP 577381 all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Provider's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18-102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. PUBLIC RECORDS: (Non -Negotiable) A. Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. RFP577381, Concession Services for Grapeland Water Park 5 City of Miami, Florida RFP 577381 B. Provider shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Provider shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Provider determine to dispute any public access provision required by Florida Statutes, then Provider shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at its own expense and at no cost to the City. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: (Non -Negotiable) Provider understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Provider further agrees to include in all of Provider's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with RFP577381, Concession Services for Grapeland Water Park 6 City of Miami, Florida RFP 577381 and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: (Non -Negotiable) Provider shall indemnify, defend and hold harmless the City and its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Provider or its employees or subcontractors (collectively referred to as "Provider") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Provider to comply materially with any of the requirements herein, or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Provider expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Provider further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, written policy, agreement, condition, or requirement, related directly to Provider's negligent performance under this Agreement, compliance with which is left by this Agreement to Provider, RFP577381, Concession Services for Grapeland Water Park 7 City of Miami, Florida RFP 577381 and (ii) any and all claims, and/or suits for labor and materials furnished by Provider or utilized in the performance of this Agreement or otherwise. Provider's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination/expiration of this Agreement. Provider understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Provider throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 11. DEFAULT: If Provider fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Provider shall be in default. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF AGREEMENT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds RFP577381, Concession Services for Grapeland Water Park 8 City of Miami, Florida RFP 577381 Twenty -Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 13. TERMINATION; OBLIGATIONS UPON TERMINATION: (Non -Negotiable) A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Provider at least thirty (30) calendar days prior to the effective date of such termination. The Provider shall have no recourse or remedy against the City for a termination under this subsection. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Provider for Services rendered by Provider after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Provider for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. RFP577381, Concession Services for Grapeland Water Park 9 City of Miami, Florida RFP 577381 14. INSURANCE: A. Provider shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFP number and title of the RFP must appear on each certificate of insurance. The Provider shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Provider shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. E. Provider understands and agrees that any and all liabilities regarding the use of any of Provider's employees or any of Provider's subcontractors for Services related to this Agreement shall be borne solely by Provider throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Provider further understands and agrees that insurance for each employee of Provider and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Provider shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this RFP577381, Concession Services for Grapeland Water Park 10 City of Miami, Florida RFP 577381 Agreement and any extension hereof, Provider shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Provider in conjunction with the violation of the terms and conditions of this Agreement. D. Compliance with the foregoing requirements shall not relieve Provider of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: (Non -Negotiable) Provider represents to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. RFP577381, Concession Services for Grapeland Water Park 11 City of Miami, Florida RFP 577381 16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, and Provider shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CITY: Ricky Arepas and Hot Dogs, Inc. 414 SW 22 Avenue Miami, FL 33135 Daniel J. Alfonso City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts RFP577381, Concession Services for Grapeland Water Park 12 City of Miami, Florida RFP 577381 and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial or to seek an award of attorney's fees from the other party. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Provider shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Providers. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above and subject to compliance with the applicable provisions of the City of Miami Procurement Ordinance and other applicable laws, , the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. RFP577381, Concession Services for Grapeland Water Park 13 City of Miami, Florida RFP 577381 20. INDEPENDENT CONTRACTORS: Provider has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Provider, nor its employees, nor any subcontractor hired by Provider to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, its employees, or any subcontractor hired by Provider to provide any Services hereunder, and Provider agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Provider rendering Services to the City under this Agreement. Provider further understands and agrees that Provider's or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 21. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly RFP577381, Concession Services for Grapeland. Water Park 14 City of Miami, Florida RFP 577381 so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 22. CITY NOT LIABLE FOR DELAYS: (Non -Negotiable) Provider hereby understands and agrees that in no event shall the City be liable for, or responsible to Provider or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 23. USE OF NAME: Provider understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Provider is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Provider agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 24. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Provider hereby certifies to the City that no individual member of Provider, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Provider RFP577381, Concession Services for Grapeland Water Park 15 City of Miami, Florida RFP 577381 hereby represents and warrants to the City that throughout the term of this Agreement, Provider, its employees, and its subcontractors will abide by this prohibition of the City Code. 25. NO THIRD -PARTY BENEFICIARY: No persons other than the Provider and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 26. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 27. COUNTERPARTS: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 28. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. RFP577381, Concession Services for Grapeland Water Park 16 City of Miami, Florida RFP 577381 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written ATTEST: "City" CITY OF MIAMI, a municipal corporation By: Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager ATTEST: "Contractor" 1tcNcect, cc f\- C. /.. ?Nk-4(V $CD‘ 2— '4—4-7*-- Print Nam(Re: tiViTC)By --De:\ za. Print Name: Title: Title: (Authorized Corporate Officer) (Corporate Seal) APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney RFP57738 I, Conoassion Services for Grapeland Water Park Ann -Marie Sharpe Risk Management Director 17 City of Miami, Florida RFP 577381 EXHIBIT A RFP No.577381 RFP577381, Concession Services for Grapeland Water Park 19 City of Miami Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement Number: Title: Issue Date/Time: Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy. Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 577381,1 Request for Proposals for Concession Services for Grapeland Water Park 11-JAN-2016 10-FEB-2016 @ 14:00:00 Wednesday, January 20, 2016 10:30AM Grapeland Water Park, 1550 NW 37th Avenue, Miami, FL 33126. January 27, 2016 Bethel, Pearl City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US PBethel@miamigov.com (305)400-5340 Page 1 of 48 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME. ADDRESS: PHONE: FAX EMAIL: BEEPER. SIGNED BY: TITLE: DATE° FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 48 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. If Proposer has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Proposer filled out, notarized, and included with its RFP response the "City of Miami Local Office Certification" fouii? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Page 3 of 48 Line: 1 Description: Concession Services, please see Section 2.0, Special Conditions, Section 3.0, Specifications, Section 4.0, Submission Requirements, and Section 5.0, Evaluation Criteria Category: 96115-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 4 of 48 577381,1 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2, Special Conditions 27 2.1. PURPOSE 27 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.3. DEFINITIONS OF TERMS 27 2.4. TERM OF CONTRACT 28 2.5. CONDITIONS FOR RENEWAL 28 2.6. MINIMUM QUALIFICATION REQUIREMENTS 28 2.7. MINIMUM ANNUAL GUARANTEE (MAG) 29 2.8. CONSUMER PRICE INDEX (CPI) 29 2.9. PERCENTAGE OF MONTHLY GROSS RECEIPTS 29 2.10. GROSS RECEIPTS 29 2.11. PAYMENT OF FEES 31 2.12. LATE PAYMENT CHARGES 31 2.13, WORTHLESS CHECK OR DRAFT 32 2.14, CONTRACT EXECUTION 32 2.15, FAILURE TO PERFORM 32 2.16, INSURANCE REQUIREMENTS 32 2.17. PRE -PROPOSAL CONFERENCE AND SITE VISIT 34 2.18. CONTRACT ADMINISTRATOR 34 2.19, SECURITY DEPOSIT/LETTER OF CREDIT 34 2.20. USE OF PREMISES 35 2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY 35 2.22. SAFETY MEASURES 35 2.23. SERVICE INTERRUPTIONS 35 2.24. TERMINATION 36 2.25, TERMINATION OF AGREEMENT 36 2.26. ADDITIONAL TERMS AND CONDITIONS 36 2.27. PRIMARY CLIENT (FIRST PRIORITY) 37 2.28. CHANGES/ALTERATIONS 37 2.29. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 37 2.30, ADDITIONAL SERVICES 38 2,31, RECORDS 38 2,32, TRUTH IN NEGOTIATION CERTIFICATE 38 3. Specifications 39 3.1. SPECIFICATIONS/SCOPE OF WORK 39 3.2. PREFERRED QUALIFICATIONS 39 3.3. CITY RESPONSIBILITIES 39 3.4. REQUIREMENTS AND SERVICES TO BE PROVIDED 40 4, Submission Requirements 44 4.1. SUBMISSION REQUIREMENTS 44 Page 5 of 48 577381,1 5. Evaluation Criteria 48 5.1. EVALUATION CRITERIA 48 Page 6 of 48 577381,1 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further, reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successfiil Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 48 577381,1 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bidswill be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify th.e Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awardedto the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected, herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 8 of 48 577381,1 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 9 of 48 577381,1 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each REP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provisionof goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 10 of 48 577381,1 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Conunission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 48 577381,1 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1,23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debaiiiient determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 12 of 48 577381,1 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall renderer written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidaysexcluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the foinial solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 13 of 48 577381,1 to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 14 of 48 577381,1 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity inmaking the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 15 of 48 577381,1 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA. mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of' any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PFII available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the folio and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, Page 16 of 48 577381,1 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions, In reviewing, approving or rejecting any submissions by the Contractor or. other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under. this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data. Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or onfile with the Buyer will not satisfy this provision. 1.44. INSPECTIONS The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the_provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall Tarnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 17 of 48 577381,1 Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 18 of 48 577381,1 1.52. 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 as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,. religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements, A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 19 of 48 577381,1 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,, handling and shipping, and F.O.B, Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct, C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retaina copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format.. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. 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. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 20 of 48 577381,1 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terns shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the periodcommencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 21 of 48 577381,1 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 22 of 48 577381,1 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. ill. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added tb the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 23 of 48 577381,1 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES- Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request. will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES -Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no awardwill be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Page 24 of 48 577381,1 Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE,, TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. II. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate fiends. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 25 of 48 577381,1 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 48 577381,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Concession Services for Grapeland Water Park, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Pearl Bethel, CPPB; fax: (305) 400-5340 or email: pbethel@miamigov.com, miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than January 27, 2016. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. DEFINITIONS OF TERMS The following words and expressions used in this Solicitation shall be construed as follows, except when it is clear from the context that another meaning is intended: 1. The word "Area", to mean the Concession Facility situated near the southeast corner of Grapeland Water Park located at 1550 NW 37th Avenue, Miami, Florida 33125. 2. The words "Agreement Year" to mean each twelve month period starting from the Agreement Effective Date and the first Agreement Year shall commence immediately upon the Agreement Effective Date. Each new Agreement Year begins on the one year anniversary of the Agreement Effective Date. 3. The word "Concession Facility" to mean, approximately 625 square feet of space on the premises consisting of a kitchen preparation space, pass -through window, together with certain furniture, fixtures and equipment set forth in the inventory. 4. The words "Contract Administrator" to mean the Director of Parks and Recreation, or Designee, as indicated herein and authorized by the City to administer the Agreement and coordinate the activities of the successful Proposer at the Premises. 6. The word "Director" to mean the Director of the Parks and Recreation Department. 7. The words "Food and Beverage Services" to mean all services necessary for the operation of the Concession Facility (i.e., catering services, mobile vending carts or kiosks, vending machine services. etc.) at the Premises. 8. The word "Inventory" to mean furniture, fixtures and equipment provided by the City to the successful Proposer for use at the Concession Facility, a list of which will be provided. 9. The word "Premises" to mean the City owned real property located at 1550 NW 37th Avenue, Miami, Florida 33125 also known as the Grapeland Water Park. 10. The word "Proposer" to mean the person, firm, entity or organization, as stated on the Solicitation Submittal Form, submitting a response to this Solicitation. 11. The words "Scope of Services" to mean Section 2.0 of this Solicitation, which details the work to be performed by the successful. Proposers. 12. The word "Solicitation" to mean this Request for Proposals (RFP) document, and all associated addenda and Page 27 of 48 577381,1 attachments. 13. The word "Subcontractor" to mean any person, firm, entity or organization, other than the employees of the successful Proposer, who contracts with the successful proposer to furnish labor, or labor and materials, in connection with the Services to the City, whether directly or indirectly, on behalf of the successful Proposer. 14. The words "Successful Proposer" to mean the Proposer that receives any award of a contract from the City as a result of this Solicitation,. 15. The words "Work", "Services", "Program", or "Project" to mean all matters and things that will be required to be done by the successful Proposer in accordance with the Scope of Services and the terms and conditions of this Solicitation. 2.4. TERM OF CONTRACT The successful Proposer qualified to provide the service(s) requested herein shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract(s) shall be for three (3) years with an option to renew for two (2) additional two (2) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Renewal of this contract is subject to continued satisfactory performance and compliance with the specifications, terms andconditions established herein. 2.6. MINIMUM QUALIFICATION REQUIREMENTS The following represent the minimum qualification requirements for a successful Proposer to be deemed responsive by the City. The successful Proposer shall satisfy each of the following minimum requirements cited below. Each of these minimum qualifications shall be addressed in detail in the Proposal submission to determine Proposer's responsive. Failure to meet each of the following qualification requirements, and/or failure to provide sufficient detail and/or documentation inthe submitted Proposal to determine responsiveness by the City, will result in the Proposal being deemed non -responsive. (1) Proposer shall have a Food Dispensing License issued by the State of Florida, Department of Business and Professional Regulations (DBPR) Division of Hotels and Restaurants (H&R) as of proposal due date. (2) Proposer shall have a Mobile Food Dispensing Vehicle License issued by the State of Florida, DBPR Division of H &R as of proposal due date. (3) Proposer shall have a Food Service Management Certificate issued by the Florida Department of Health as of proposal, due date. Page 28 of 48 577381,1 Note: These requirements are a continuing condition of award, and are required throughout the duration of the contract. 2.7. MINIMUM ANNUAL GUARANTEE (MAG) The successful Proposer, in consideration of the use of the specified site does hereby covenant and agree to pay to the City during the term of this Agreement without deduction or set off of any kind no less than $24,000, (plus tax) per annum as a MAG in monthly installments of $TBD (plus tax). The successful Proposer shall pay the City in equal monthly installments, due by the first day of each month, as of the first day of operation of the concession. Notes: 1. Refer to Form B-1, Fee Proposal Schedule for MAG and Percentage of Gross Receipts, 2. The City reserves the right to negotiate the final revenue arrangements. 2.8. CONSUMER PRICE INDEX (CPI) The Minimum Annual Guarantee shall be adjusted upward at the end of each Agreement Year, at a rate consistent with the latest Consumer Price Index (CPI), under the City of Miami Group, for All Urban Consumers, All Items. 2.9. PERCENTAGE OF MONTHLY GROSS RECEIPTS In addition to the MAG, the successful Proposer shall pay to the City a Percentage of Monthly Gross Receipts of no less than ten percent (10%) from the sale of all goods and services provided at the Concession within ten days following the end of each month during the term of the agreement, and on or before the 10th day of the month following the expiration or earlier termination of the agreement. Notes: 1. Refer to Form B-1, Fee Proposal Schedule for MAG and Percentage of Gross Receipts. 2. The City reserves the right to negotiate the final revenue arrangements. 2.10. GROSS RECEIPTS A. Agreement Year Defined: "Agreement Year" means a twelve-month period beginning on the Agreement Effective Date and ending twelve months thereafter. B. Gross Receipts Defined: "Gross Receipts" means all monthly receipts collected by the successful Proposer from the sale of services or merchandise by the successful Proposer, concessionaires of the successful Proposer and sub -contractors) of the successful Proposer, sold in, upon or from the Concession, including such sales as shall in good faith be credited by the successful Proposer, its concessionaires and sub -contractors in the regular course of its or their business to personnel employed at the time of sale at the Concession, including sub -concession Agreements or contract employee payments to the successful Proposer and mail and telephone orders received at the Concession and off -premises sales. Gross Receipts shall not be deemed to mean or include the following: amounts credited by Page 29 of 48 577381,1 the successful Proposer or its concessionaires or sub -concessionaires for returned or defective merchandise; sales, excise and similar taxes; or the proceeds of sales of successful Proposer's trade fixtures, operating equipment or other property used by the successful Proposer or its concessionaires in the operation of its business and not acquired or held by it for the purpose of sale. Sales shall be deemed to have been made when services or merchandise has been served, shipped or delivered or when charged against the purchaser on the books of the successful Proposer, or its concessionaires, whichever of such events shall first occur. C. Successful Proposer's Certification of Receipts: Successful Proposer shall submit to the City on or before the l Oth day following the end of each month during the term of this Agreement and on or before the 10th day following the expiration or earlier termination of this Agreement, a written statement, signed by the successful Proposer and certified by it to be true and correct, showing the amount of Gross Receipts during the preceding month. Successful Proposer shall submit to the City on or before the 60th day following the end of each Agreement Year an Annual Written Statement, signed. by Owner, CEO, or Financial officer of the successful Proposer and certified by it to be true and correct, setting forth the amount of Gross Receipts during the preceding Agreement Year, which statement shall also be duly certified by an independent Certified Public Accountant. The statement referred to herein shall be in such form and style and contain such details and breakdowns as the City may reasonably determine or require. D. Examination of the successful Proposer's Books and Records: Such books and records as are necessary to determine the amount of any Percentage Fee payable to City shall be subject to examination by City or its authorized representatives at reasonable times during successful Proposer's business hours, at City's expense and in such manner as not to interfere unreasonably with the conduct of successful Proposer's business. All information obtained by City or its authorized representatives from the successful Proposer's books and records shall be kept confidential by City and all such representatives except in connection with any mortgage or assignment of this Agreement for financing purposes or if subject to the requirements of Florida Public Records Act. E. Successful Proposer's Receipts Records: For the purpose of computing and verifying the Percentage Fee due hereunder, successful Proposer shall prepare and keep, for a period of not less than three (3) years following the end of the applicable Agreement Year, adequate books and records, including but not limited to those relating to inventories, purchases, and receipts of merchandise, and all sales and other pertinent transactions by the successful Proposer. Such records shall subsequently conform to Generally Accepted Accounting Principles requirements, as applicable, and shall only address those transactions related to this Agreement. Successful Proposer shall record at the time of sale each receipt from sales or other transactions, whether for cash or on credit, in one or more sealed cash register or registers having a cumulative total. Successful Proposer shall keep, for at least three (3) years following the end of the applicable Agreement Year, all pertinent original sales records, which records shall include (i) cash register tapes; (ii) serially -numbered sales slips; (iii) mail order; (iv) telephone orders; (v) settlement report sheets of transactions with concessionaires, and licensees; (vi) records showing that merchandise returned by customers was purchased by such customers; (vii) receipts or other records of merchandise taken out on approval; (viii) income andsales tax returns; and (ix) such other records which would normally be examined and required to be kept by an independent accountant pursuant to generally accepted auditing standard in performing an audit of successful Proposer's Gross Receipts. F. Audit of successful Proposer's Business Affairs and Records: City shall have the right to cause, upon five (5) business days' written notice to the successful Proposer, a complete audit to be made by a designated external auditing firm or other certified public accounting firm selected by the City or the Audit and Management Services Department of the City. Successful Proposer shall make all such records available for said examination at the Page 30 of 48 577381,1 Concession or at some other mutually agreeable location. If the result of such audit shall show that successful Proposer's statement of Gross Receipts for any period has been understated, successful Proposer shall pay City the amount due. If such understatement is three percent (3%) or more, successful Proposer shall pay City the cost of such audit in addition to any deficiency payment required, plus ten percent (10%) of any such deficiency, all of which shall be collectible hereunder as payment. A report of the findings of said accountant shall be binding and conclusive upon City and successful Proposer. The furnishing by the successful Proposer of any grossly inaccurate statement shall constitute a breach of this Agreement. Any information, excluding written documents, obtained by City as a result of such audit shall be held in strict confidence by City except in any proceeding or action to collect the cost of such audit or deficiency, or except in connection with any mortgage or assignment of this Agreement for financing purposes or if subject to the requirements of Florida Public Records Act. G. If successful Proposer fails to record, maintain, or make available sales supporting documentation as specified above, then successful Proposer may be deemed by the City to be in default of this Agreement. 2.11. PAYMENT OF FEES The MAG by the successful Proposer to the City shall be payable on the first day of the month after the effective date of the Agreement. Such payments, as well as other amounts payable by the successful Proposer to the City under the terms of this Agreement, shall be paid promptly when due, without notice for any reason whatsoever and without abatement, except as hereinafter provided. The Percentage of Gross Monthly Receipts shall be paid to the City on or before the 10th day following the end of each month during the term of this Agreement, and on or before the l0th day of the month following the expiration or earlier termination of the Agreement. All fees provided for in this Agreement shall be paid or mailed to: City of Miami Parks and Recreation Department Contract Management Section 444 S.W. 2nd Avenue, 8th Floor Miami, FL 33130 (Checks shall be made payable to "City of Miami Parks and Recreation Department.") The .City may at any time designate a different address and/or contact person by giving written notice to the other party. 2.12. LATE PAYMENT CHARGES In the event that the successfitl Proposer fails to make any payments on time, as required to be paid under the provisions of this Agreement, a penalty at the rate of 1.5%per month or any portion of a month shall accrue from the due date, against the delinquent payment(s) until same are paid. The right of the City to require payment of such late payment charge and the obligation of the successful Proposer to pay same shall be in addition to and not in lieu of the rights of the City to enforce other provisions herein, including termination of this Agreement, or to pursue other remedies provided by law. Page 31 of 48 577381,1 2.13. WORTHLESS CHECK OR DRAFT In the event that the successful Proposer delivers a dishonored check or draft to the City in payment of any obligation arising under this Agreement, the successful Proposer shall incur and pay a minimum service fee of $25.00 or five percent (5%) of the face amount of the check, whichever is greater, plus any subsequent bank fees. For each such dishonored check, such payment shall be made within not more than five (5) days from written notice of such. default. Further, in such event, the City may require that future payments required pursuant to this Agreement be made by cashier's check or other means acceptable to the City. 2.14. CONTRACT EXECUTION The successful Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or not execute, as applicable a Contract with the successful Proposer(s) that is determined to be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. As a bond funded facility, at the time of the Concession Agreement, language will be included for IRS Bond Safe Harbor compliance. 2.15. FAILURE TO PERFORM Should it not be possible to reach the successful Proposer or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare the successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.16. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Page 32 of 48 577381,1 Personal and Advertising Injury: $1,000,000 Products and Completed Operations and Fire Damage: $1,000,000 Damage to Rented Premises: $100,000 B. Endorsements Required: City of Miami included as an additional insured Primary Insurance Clause Endorsement Contingent and Contractual Liability Premises & Operations Liability (2) BusinessAutomobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit. Any Auto/Owned Autos/Scheduled Including hired, Borrowed or Non -Owned Autos Any One Accident $300,000 B. Endorsements Required: City of Miami included as an additional insured (3) Worker's Compensation Limits of Liability Statutory - State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit (4) Property Coverage (IF APPLICABLE) The licensee shall maintain coverage for business personal property, subject to special form causes of loss, including coverage for windstorm and hail, and flood if applicable. The certificate should also afford coverage for business income, if required by the City and should contain replacement cost valuation with a maximum deductible of $1,000 on All Other Perils, and 5% wind and hail. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management Page 33 of 48 577381,1 prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the. General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.17. PRE -PROPOSAL CONFERENCE AND SITE VISIT A pre -bid conference and site visit will be held on Wednesday, January 20, 2016 @ 10:30AM, at Grapeland Water Park, 1550 NW 37th Avenue, Miami, FL 33126.. Attendance is recommended but not mandatory. During this conference, all potential Proposers will have an opportunity to tour and inspect the facility and familiarize themselves further with the Concession Area. All questions and answers adversely affecting the scope of work/specifications of the solicitation will be included in an addendum issued after the pre -bid conference. 2.18. CONTRACT ADMINISTRATOR Upon award, the successful Proposer shall report and work directly with Lara De Souza,yDeputy Director, Parks and Recreation, who shall be designated as the Contract Administrator. 2.19. SECURITY DEPOSIT/LETTER OF CREDIT Within 30 days from the execution of this Agreement, the successful Proposer shall furnish to the City a Security Deposit in cash equal to six (6) months MAG redeemable at the end of the Agreement term except for such conditions pertinent thereto. The successful Proposer may, in lieu of a Security Deposit with the City, provide an Irrevocable Letter of Credit in the same amount. This Irrevocable Letter of Credit will be conditioned on the full and faithful performance of all covenants of this Agreement. Page 34 of 48 577381,1 In the event that successful Proposer abandons performance or fails to perform as required, the City will draw upon the irrevocable letter of credit or retain the cash deposit, whichever is the case, and the successful Proposer will be responsible for the balance of the debt, if any, that is owed. Additionally, if the City must draw upon any portion of the form of security provided, the successful Proposer shall restore the security to its original amount within seven (7) days of receiving notice by the City that the security was drawn upon. 2.20. USE OF PREMISES Subject to the successful Proposer's right to use the site for the purposes specified in this Agreement, the successful Proposer shall not suffer or permit the site or any part thereof to be used in any manner, or anything to bedone therein, or suffer or permit anything to be brought into or kept therein, which would in any way (i) violate any legal requirements or insurance requirements; (ii) cause structural injury to the Park or any part thereof; (iii) constitute a public or private nuisance; (iv) impair the appearance of the Park; (v) materially impair or interfere with the proper and economic cleaning, of the Park or the proper and economic functioning of any other common service facility or common utility of Park; (vi) impair or interfere with the physical convenience of any of the occupants of the Park; or (vii) impair any of the successful Proposer's other obligations under this Agreement. 2.21. DAMAGES TO PUBLIC/PRIVATE PROPERTY The successful Proposer shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the successful Proposer, at his/her expense, shall repair or make restoration as is practical and acceptable to the city and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.22. SAFETY MEASURES Successful Proposer shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of the successful Proposer shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The successful Proposer shall use only equipment that is fully operational and in safe operating order. Successful Proposer shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.23. SERVICE INTERRUPTIONS Successful Proposer agrees that should its operation or any portion thereof be shut down for its failure to comply with the requirements of the Health Department of the State of Florida, and such shutdown could have been reasonably averted by the successful Proposer, its agents or employees, the successful Proposer shall pay to the City as liquidated damages, and not as any penalty therefore, the sum of one day's loss of revenue per day said shut down Page 35 of48 577381,1 continues. 2.24. TERMINATION A. FOR DEFAULT If the successful Proposer defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the successful Proposer was not in default or (2) the successful Proposer's failure to perform is without his/her or his/her subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the successful Proposer will be compensated in accordance withan agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.25. TERMINATION OF AGREEMENT Following the termination of this Agreement the successful Proposer, within fifteen (15) calendar days, or earlier if determined by the City, shall forthwith remove all of its personal property from the Park. Any personal property of the successful Proposer not removed in accordance with this paragraph may be removed by the City for storage at the cost of the successful Proposer or shall constitute a gratuitous transfer of title thereof to the City for whatever disposition is deemed to be in the best interests of the City. The City shall not be liable to the successful Proposer for the safekeeping of successful Proposer's personal property during or after termination of this Agreement. The City shall have the senior interest in the successful Proposer's personal property. 2.26. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, andany and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's/Poposer's authorizedsignature affixed to the Bidder's/Proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or. other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the Page 36 of 48 577381,1 terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.27. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s)/Proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s)/Proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.28. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.29. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses;. (3) Opening and listing of all responses received; (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded; (7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such negotiations thereof; (8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiatea final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager; (10) The City Manager shall then submit his or her award recommendation and negotiated contract (s) to the City Commission for approval. Written notice shall be provided to all proposers. (11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of Page 37 of 48 577381,1 contract will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (12) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and negotiated contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. 2.30. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.31. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.32. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. Page 38 of 48 577381,1 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City of Miami, hereinafter referred to as the City, as represented by the City of Miami Parks and Recreation Department (Parks), is soliciting proposals from experienced and capable parties to operate a food and beverage concession (the "Concession") for Grapeland (Grapeland) Water Park. Grapeland is conveniently located off of State Road 836, at 1550 NW 37th Avenue, Miami, FL, 33126, and is easily accessible from anywhere in Miami Dade County. Grapeland is the only water park within the City of Miami, and offers four pools; two slide pools (one for toddlers, and one for older children and adults), a recreation pool and a lazy river. Open March through October, families can visit to splash around, come for the Dive -In Movies, or book a party to celebrate a birthday or special occasion. As part of Grapeland, Parks has available a concession area that is approximately 625 square feet of space consisting of a kitchen preparation space, pass -through window, together with certain furniture, fixtures and equipment set forth in the inventory to serve park patrons. The selected Proposer shall have the use of the Concession facility as shown on the attached site map (Attachment A). In addition to providing a wide variety of food, beverage, sundry, and catering for special events (e.g., birthdays, graduations, etc.), the selected Proposer shall also have the option to provide vending machine services, an ATM Machine, and up to two ancillary mobile food carts/kiosks to provide food and beverage service to the water park patrons. Notes: 1. The optional services which will be located outside of the Concession facility (vending machines, ATM Machine, ancillary mobile food carts/kiosks, etc.) will require Director's approval. 2. All special occasion catering events during operating hours will be handled exclusively by the successful Proposer, and only cake will be allowed from an outside source. 3. The City of Miami may allow the successful Proposer to provide after hour catering services. 3.2. PREFERRED QUALIFICATIONS 1. Proposer shall. have a minimum of five (5) years' experience in providing retailfood and beverage concessions serving large public venues, preferably in a park, beach, or arena setting. 2. Knowledge of the legal requirements that are needed for the operation of food and beverage service facilities. 3. Adequate financial strength to provide all equipment, start-up operations and reasonable working capital to operate the Concession. 3.3. CITY RESPONSIBILITIES The Concession area will be provided in its "as —is" condition. The City will not pay for or reimburse the successful Proposer for painting or making improvements to the Concession facility. The successful Proposer shall perform any and all Concession facility improvements, in compliance with the South Florida Building Code, and in accordance with the Agreement. The City will provide the successful Proposer: a) The use and occupancy of the Concession Facility with all of the necessary equipment and appliances within the concession area needed for the purpose of providing food, beverage, and sundry services to Water Park Patrons Page 39 of 48 577381,1 during advertised operating hours on an exclusive basis;. b) The use of the outdoor picnic tables adjacent to the Concession Facility and the available parking as existing at the Commencement of the Agreement on a non-exclusive basis to accommodate the successful Proposer's patrons and employees; c) The use of the storage room locatedadjacent to the kitchen entrance for storage purposes; d) The use of the restroom facilities for patrons and employees; and e) All utilities (electricity, water, garbage/sewage) used by_the concession facility. In addition to the above provisions provided by the City; with Directors approval, the consent to implement the Optional Services in Section 3.1 may also be approved upon the written request of the selected Proposer. 3.4. REQUIREMENTS AND SERVICES TO BE PROVIDED The successful Proposer shall bear all costs associated with all improvements to the Concession facility and all such improvements which are fixed to the premises shall become the property of the City at the termination of any agreement as a result of this Solicitation. A. Operation The successful Proposer shall: 1. Provide an operation that will be safe, customer -oriented, courteous, prompt, have efficient service, adequate to meet all reasonable customer demands; 2. Be in fulloperation to provide food and beverage service no later than thirty (30) days following the award date of the contract. Parks reserves the right to extend this time -frame if necessary; 3. Operate the Concession in accordance with the annual calendar established by Parks, which has been included as Attachment B (Annual Calendar of Operations Hours) Attachment B (2) (2014/2015 Attendance Numbers); and 4. Operate a high quality ancillary mobile food cart/kiosk, to provide food and beverage service to all Park (take orders and deliver food to patrons) in designated areas. B. General Services The successful Proposer shall: 1. Provide an original menu, and menu pricing for Parks approval whereas changes in the menu and menu pricing require Park's prior written authorization (see Section C below for menu examples); 2. Provide and maintain credit/debit card services as a payment option for patrons of Grapeland; 3. Provide all furnishings, fixtures, equipment, soft goods, and ancillary mobile concession units/kiosks required to provide the services except those which the City specifically agrees to provide whereby all equipment and personal property used by the successful Proposer shall be of good quality and suitable for its purpose; 4. Utilize equipment (i.e., ancillary mobile food cart/kiosks, etc.) that is in excellent working condition whereby the apearance of all equipment shall be maintained at like -new appearance and cleaned or refreshed as needed; 5, Secure and provide security for the mobile concession unit/kiosks at Grapeland, The City will not accept any Page 40 of 48 577381,1 responsibility for the successful Proposer's fixtures, equipment, soft goods, mobile concession unit/kiosks, vending machines or supplies; 6. Keep and maintain the concession facility in a clean and neat condition, where maintenance shall be performed regularly. No alterations, changes or additions to the space shall be made by the selected Proposer without the prior written consent of Parks. All work shall be in compliance with applicable building codes, including, but not limited to the American with Disabilities Act (ADA), and performed by licensed and insured contractors. Janitorial services, interior and exterior maintenance and pest control shall be the sole responsibility and expense of the selected Proposer. The selected Proposer shall abide by the City's Integrated Pest Management guidelines for pest control; 7. Provide at its sole cost and expense proper cleaning and removal of grease monthly from exhaust hoods and at least two semi-annual range hood system inspections or more often if circumstances dictate. The selected Proposer shall ensure the proper maintenance, pump -out and removal of grease from grease traps by a certified septic tank hauler not less than once per year and as required by Miami -Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM). Successful Proposer shall be responsible for providing, at its sole cost and expense, plumbing maintenance and repair caused by its use of the Concession Facility; 8. Provide receptacles for recycling of aluminum cans and plastic bottles. The successful Proposer shall remove and properly recycle aluminum cans and plastic bottles generated as a result of the selected Proposer's Concession operations; 9. Provide for the removal and disposal of all garbage and trash on a daily basis originating from the concession operations and shall keep the immediate areas surrounding the Concession (within fifty (50) feet of food concession area) in a clean condition satisfactory to the City's Project Manager. Trash cans and dumpsters shall be emptied when filled to capacity; at no time should any trash can or dumpster have trash. overflowing. Additionally, plastic bags with trash and garbage shall not be stored for any duration behind or around concession area; 10. Repair, at successful Proposers own cost, any City property damaged by successful Proposer's Concession operations; and 11. Only use licensed professionals to perform mechanical, maintenance or repair of the successful Proposer's equipment installed on City property. Note: Parks shall retain the right to provide services during special events and to schedule special events that may preclude the successful Proposer from operation during a given event. Any outside vendors used for after hour Parks events will use their own equipment, and will not be allowed to use the Concession Facility. C. Food and Allowable Sundries The successful Proposer shall establish a quality food service Concession providing quality products, and a wide variety of food and beverages, to include healthy choices for breakfast (optional), and lunch service meeting the patrons' needs and suitable for the style of menu and prices approved by Parks. The successful Proposer shall also offer sundry items in keeping with the needs of the water park patrons, also subject to Parks approval. All items offered for sale shall be sold at prices, which are plainly displayed. Pricing shall be the same as, or better than those available in comparable concession facilities in the Greater Miami area. The following are examples of the food, beverage and sundry items that the selected Proposer shall offer for sale in the Concession during the term of the contract. These items are provided as examples only and should not be considered as limiting the type of items that may be subsequently offered or requested. Additionally, the successful Proposer shall provide items that accommodate dietary restrictions and offer healthy alternatives (e.g., gluten free Page 41 of 48 577381,1 options, fruit, yogurt, salads, granola bars, wheat products, vegetarian, etc.) upon request. A. Food and Beverage Hamburgers Hot Dogs Pizza French Fries Sandwiches Nachos and Cheese Popcorn Pastries Ice Cream Soft Drinks (fountain; can or bottle) B. Sundries Sunscreen Sun Block Suntan Lotion Sun Visors Hats Flip Flops Aspirin and other over the counter medicines Towels (for sale or rental) Other related items with the approval of the Park's Director Note: Alcohol and tobacco products are restricted on the premises and are not allowed to be sold. D. Personnel The successful Proposer shall: a. Comply with Miami -Dade County Ordinance No. 08-07, Chapter 26 "Miami -Dade County Park and Recreation Department Rules and Regulations, Article III, The Shannon Melendi Act"; b. Pursuant to Section 509.039, Florida Statutes, employ a qualified full-time on -site certified professional food manager with experience in the management of a concession or similar type of operation. The manager shall be available during all business hours, and be delegated sufficient authority to ensure the competent performance and fulfillment of the responsibilities of the successful Proposer; c. Have adequate staffing at all times to provide good, prompt and efficient service to meet all reasonable demands; and d. Ensure that employees are distinctively uniformed or appropriately attired and displaying name tags sous to Page 42 of 48 577381,1 present a neat, clean and professional appearance at all times, and be distinguishable as the successful Proposer's employees or hired staff and not as employees of Parks. E. Compliance Requirements The successful Proposer shall a. Comply with all applicable rules and regulations adopted by the City, County, and any and all laws, ordinances and/or rules and regulations of other governmental entities and/or authorities having lawful jurisdiction, which may be applicable to the successful Proposer's operation of the Concession; b. Obtain and maintain a satisfactory rating on all health department sanitation inspections; c. Provide copies of each inspection report to the Contract Administrator and Director within two (2) business days of receipt of the same by the successful Proposer; d. Be responsible for obtaining all permits, licenses, and certifications required by federal, state and local laws and regulations for the performance of the services required herein; e. Adhere to the standards set forth by Florida Statutes and the Department of Health regarding food preparation and safety, and agrees to inspection by same at any reasonable time; f. Maintain all food service areas and equipment, at minimum, in a safe manner as outlined in the Food and Drug Administration Food Code, Chapter 64E-11, Florida Administrative Code, and in compliance with the Florida Department of Business & Professional Regulation; and g. Ensure all food is packaged, stored and transported in a manner to protect against potential contamination; including dust, insects, rodents, unclean equipment, utensils and unnecessary handling. Page 43 of 48 577381,1 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE ORIGINAL AND SEVEN (7) COPIES. NO ON-LINE SUBMITTALS WILL BE ACCEPTED. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. Include the signed RFP Certification Statement, 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing the Proposer's responses to the Proposer Information below. 4. Proposer Information Minimum Oualification Requirements 1. Provide documentation that demonstrates Proposer's ability to satisfy all of the minimum qualification requirements, Proposers who do not meet the minimum qualification requirements or who fail to provide supporting documentation may be deemed non -responsive. The minimum qualification requirements for this Solicitation are as follows: A. Proposer shall have a Food Dispensing License issued by the State of Florida, Department of Business and Page 44 of 48 577381,1 Professional Regulations (DBPR) Division of Hotels and Restaurants (H&R). Proposer shall provide a copy of the license. B. Proposer shall have a Mobile Food Dispensing Vehicle License issued by the State of Florida, DBPR Division of H&R. Proposer shall provide a copy of the license. C. Proposer shall have a Food Service Management Certificate issued by the Florida Department of Health. Proposer shall provide a copy of the certificate. Proposer's Experience and Past Performance 2. State the number of years that the Proposer has been in existence, the current number of employees, and the primary markets served. 3. Describe Proposers experience in providing retail food and beverage concessions, preferably in a park/beach/arena setting (see Section 3). Include in response information to demonstrate at least five years' experience. 4. Provide a detailed description of comparable contracts (similar in scope of services of the Solicitation) which the Proposer has either ongoing or completed within the past five years. The description should identify for each project: • Client • Description of work • Total dollar value of the contract • Dates covering the term of the contract • Client contact person and phone number • Statement of whether Proposer was the prime contractor or subcontractor • If the Proposer was the subcontractor name the prime • Detail Proposer's responsibilities and the results of the project Where possible, list and describe those projects performed for government clients or similar size private entities (excluding any work performed for the City). 5. Describe Proposers knowledge of the legal requirements that are needed for the operation ofa food and beverage concession. 6. Describe any prior or pending litigation, either civil or criminal, related to catering services, in which the Proposer, any of its employees or Sub -consultants or Sub -contractors is/are or has/have been involved within the last three (3) years. Page 45 of 48 577381,1 Key Personnel and Subcontractors Performing Services 7. Provide an organization chart showing all individuals, including their titles, to be assigned to this project. This chart must clearly identify the Proposer's employees and those of the subcontractors or sub consultants. 8. Describe how Proposer will comply with County Ordinance No. 08-07, Chapter 26 "Miami -Dade County Park and Recreation Department Rules and Regulations, Article III, The Shannon Melendi Act" (see Section 3.5, D (a)). 9. Describe the experience, qualifications and other vital information, including relevant experience on previous similar projects, of all key personnel, including the on -site manager, who will be assigned to this project. 10. Provide resumes, if available with job descriptions and other detailed qualification information on all key personnel who will be assigned to this project, including any key personnel of subcontractors. Proposed Approach to Providing the Services 11. Describe Proposer's approach to project organization and management, including the responsibilities of Proposer's management and staff personnel that will perform work on this project. 12. Describe how Proposer will operate the Concession and methods employed by Proposer to ensure safety, prompt service, and customer satisfaction. 13. Describe how Proposer will ensure that the Concession facility is maintained in a consistent and effective manner and that any damages to the concession will be repaired to the City's satisfaction. 14. Describe Proposer's approach in providing the concession services. The description should include: • responsibilities of management and staff personnel that will perform work in this project; • specific policies/procedures or techniques to be used in providing food and beverage services; • plan on how the Proposer will ensure that service is povided in an expedient manner; • standards for providing excelent customer service; • overall approach in meeting the concession's objectives described in the Scope of Services; and • plan for maintenance including janitorial and pest management. 15. Provide a copy of the Proposer's employee manual or other instructions to employees addressing food preparation, customer service, serving protocol and techniques, training of staff, scheduling, and health regulations. Describe in-house training, if provided. 16. Describe Proposer's approach to food preparation and food display to the customer. Describe Proposer's approach to adhere to the standards set forth by Florida Statutes and the Department of Health regarding food Page 46 of 48 577381,1 preparation and safety. 17. Describe what pro -active measures Proposer will take to ensure that Department of Health inspections will be passed and no interruptions of service will occur. 18. Describe steps Proposer will take to be in fall operation to provide food and beverage services no later than 30 days following the award of this contract. 19. List and describe Proposer's equipment including mobile concession unit/kiosks (include specifications and photographs if necessary) furnishings, fixtures etc. to provide the services specified in Section 3 of the Solicitation. 20. Provide a price schedule and product list of all items to be sold at the Concession. Include a description of products and services to be offered. 21, Confirm Proposer's compliance with all applicable rules and regulations of the City, County, State, Federal and other governmental entities and/or authorities having lawful jurisdiction which may be applicable to the operation of the concession. Financial Capability 22. Provide documentation proving Proposer's financial strength and ability to provide services described in Section 3 of the Solicitation. Such documentation may include its most recent certified financial statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period, with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for a material change in the financial condition. If certified financial statements are not available provide latest available financial statements (balance sheet and income statement) and letters of credit availability from accredited financial institutions, or other relevant documentation. 23. Provide a pro forma statement showing three (3) years of projected sales and expenses for the Concession (See sample pro forma Attachment C), 24. Provide the completed Form B-1, Fee Proposal Schedule (Attachment D) as part of the response submittal Note: Inflated statements or statements skewed outside no al operating ranges may be evaluated as less desirable than reasonable pro forma. Page 47 of 48 577381,1 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria and weight: Evaluation Criteria Proposals will be evaluated by an Evaluation/Selection Committee which will evaluate and rank proposals on criteria listed below. The Evaluation/Selection. Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge, striving to ensure that the Evaluation/Selection Committee is balanced with regard to both ethnicity and gender. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation/Selection Committee member, Technical Criteria and Points 1. Proposer's relevant experience, qualifications, and past performance. (40) 2. Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project, and experience and qualifications of subcontractors. (15) 3. Proposer's approach to providing the services requested in this Solicitation. (30) Price Criteria and Points 4. Proposer's financial capabilities, Pro -forma statement, Monthly Guarantee, and Percentage of Monthly Gross Receipts. (15) Local Office Note: Pursuant to City Code, Section 18-86, the solicitation includes a five percent (5%) evaluation criteria in favor of proposers who maintain a local office as defined in Section 18-73. Page 48 of 48 RFP 577381, Parks Concession Services, Attachment A (Site Map) RFP577381, ATTACHMENT B, CONCESSION SERVICES FOR GRAPELAND WATER PARK March _� Man Tue Wed Thu Fri Sat 2 3 4 5 6 7 8 9 10 11 12 28 15 29 Rig 16 30 17 31 18 2016 Grapeland Water Park Calender City of Miami '!'IItMOW :<Se aember Sun Man Tue Wed Thu Frf Sat October:::':• Sun Mon Tue Wed Thu Fri Sat 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Event Color Date(a) Time Spring Break March 20th - March 26th, 2016 10:00AM-4:45 PM Weekend Public Swim \. ,• a Saturdays and Sundays March 27th June 11th, 2016 August21st- September 25th, 2016 10:00AM4R5 PM Teacher's Planning Day (Open to the Public) ,•;?s;. 3u.;;z April 8th, 2016 &June 10th, 2016 10:00AM-4:45 PM City of Miami WaterSafetyDay iT i1''`q'..; ,�. May loth, 2015 10:0OAMd:45 PM Holidays (Open to the Public) 'e y✓�'� �•-, �� May 30th, 2016 & September 5th, 2016 10:00AM-4:45 PM Summer Program ": �� June l2tfi-August 20th, 2016 10:O0AM-4:45 PM Movie Nights May27th, 2016 -Minions June 24th, 2016 -The Good Dinosour July 29th, 2016- Cinderella August 26th, 2016-The Peanuts Movie September 30th, 2016-inside Out 5:30PM-10:00 PM Dog-A-Pooloza October lst, 2016 11:OOAM-3:00 PM RFP577381, Concession Services for Grapeland Water Park SAMPLE PRO FORMA -----1A-11661imeaC-------- r Revenue „ I Saes I Reference Year 1 i Year 2 Year 3 Gross Sales Revenue • Less Sales Tax Collected Net Sales Revenue Costs Payroll Total Payroll Costs ....._ Taxes and Benefits . Total PayTaiCosii,TaxeiiTaTeriefifi—l— n% i Cost of Goods 1 Total Cost of Good . Operating Expenses ! „ • Corporate Overhead i Insurance . • Repair & Maintenance 1 :•• Marketing Professional Services Misc Costs Vehicle Total Operating Expenses Interest and Depreciation Interest I Depreciation I i Total Monthly Interest and Depredation . Net Profit or (Loss) ,. . n% --_---____---_--_ . --I i i • Note: Miscellaneous Includes I Licenses/Taxes . ____L__ Depreciation: represents annual charges for replacements of Net Profit: (Revenue -Total Expenses) 1 ! _I inventory.1 -1 . . . : . -• FINANCIAL INFORMATION 1 _ ProposedMinimum Annual—GTarrantee— 1$ , . - Percentage of Gross Receipts $ 4: 1 1 c RFP 577381, Concession Services Grapeland Water Park, Attachment D (Payment Proposal Schedule) FORM B-1 Payment Proposal Schedule Provide Proposer's payment proposal on this Form B-1 "Payment Proposal Schedule". The pricing includes a Minimum Annual Guarantee (MAG), and Percentage of Total Monthly Gross Receipts, as further detailed below. The selected Proposer shall pay a MAG for the use of the premises as provided herein, which shall be no less than $ 24,000, plus applicable State taxes as required by law, due in twelve equal monthly payments. The selected Proposer shall pay the City dollars ($ ) per month. (Insert written amount) (Insert number) The MAG Rent shall be received by the City from the selected Proposer on or before the first day of each month, as of the first date of operation of the Concession. The MAG shall be adjusted upward at the end of each Agreement Year, at a rate consistent with the latest Consumer Price Index (CPI). AND A. Percentage of Total Monthly Gross Receipts In addition to the MAG, the selected Proposer shall pay the City a Percentage of Monthly Gross Receipts from the sale of all goods and services provided at the Concession which is expected to be no less than 10%, payable within ten days following the end of each month during the term of the agreement. The selected Proposer shall also pay to the City a percentage ( %) of total monthly gross receipts. (Insert number)' Notes: 1) The MAG and Percentage of Total Monthly Gross Receipts stated shall be guaranteed. 2) Notwithstanding any proposed prices, as stated in Section 6 of this Solicitation, the City reserves the right to negotiate the final terms, conditions and pricing of the Lease Agreement as may be in the best interest of the City. ANNTB PEREZ., CPPO DANIEL I, ALFONSO Chief Procurement Officer City Manager January 26, 2016 ADDENDUM NO..1 Request For Proposals (RFP) No. 577381, Concession Services for Grapeland Water Park TO: ALL PROSPECTIVE PROPOSERS: Thefollowing changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP, and shall become an integral part of the Contract Documents, Wordsand/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effectand remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Please find attached the attendance sheet for the Pre -proposal Conference/Site Visit for the subject RFP, B. The following are the City of Miami's (City's) responses to questions received from prospective proposers; Q1. Does the City have .a total food sales report for last year broken down by item for the Grapeland Concession? Al. No. Last year the City used individual vendors on temporary permits who were not required to report back to the City. Attached are Gross Revenue Reports from March 2011 through Ootober 2011, March 2012 through October 2012 and March 2013 through June 2013. Q2. Can a visit be scheduled to see the Concession Facility? A2. Yes, Site visits may be scheduled with Mr. Eric Valerdi via e-mail at evalerdi@miamigov.com. miamigov.com. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. AP/pb Cc: RFP File Page 1 Sincerely, ie Perez, CPP vector/Chief Procureme t Officer /7_W, Fi9S-177igi 04Ce-5,5-fe./7 el-Ptic-e-s "CY 41/'/Ve-4/2-1 /5/x4Z 20 .2./O ,40.c/V471--/ ,//z/tAi-Rr e .1* nc- _pte-c--, 7 /17 Q•if ear"? Y‘i - 51 24-Q•z> EXHISIT "F" GROSS REVENUE REPORT CONCESSION STAND GRAPE':LAND PARK* Month of 04'14 de/ Total Peresrifatte APc linable, Percentile° ,fie°a end.>:LStgte GROSSR•EVVNUES: fGroey_{R'eever/IU,e ,Percentage y //�jFoe sState Use Tarr UseT�arCity Tax Due 1=and/BaveractE G.oncessl©rTF! elfitV.; "' p7 ✓ 'G (9j 21% ''%1 ' 3 K+JJ- �!" )' . / " 1 Mobile Vending Carts/.Kiosks: Mobile Vending Cart/Kiosk it 1 % / ?S , a. + i 75 its? 4 ,1 Mgblle vending.:6 ertlitlosk 4 2 Mobilo VendI'ng. CarfiKtesk.4 3 .7cta% Moblle•Vending Cart/Kiosks yendihq Machines: Vending Machine it 1 Vending Machine ih Vending Machine # Vending Moohine 4 4 Vending Machine ih 6' Vending Machine # 6 7otai Vebarao Machines Catering 5orvices: 21% 36 q`0.7S7 3 ?-,id 21% Grand 'rota( Gross Revenues r71,J6 ' 21.0% Minimum M'Fnthly Ube Fos Amount $2,500.00 MINIMUM MONTHLY,USE FEE & PERCENTAGE RENT AMOUNT DUE 'ails PERIOD TOTAL: 176:00 5'42,50 $2,676.00 J I hereby certify to the accuracy of this report, and •aekhowledge that Ailrio, Inn.'dib/a/ Juniors •Catering of Miami lies paid all applicable Florida Stain sales and use taxes which ars dos and payable, whether directly or Indlreetly, Under PL. Statuto 212 to the State of Florida Dopartmartt.of Revenuew, The City of .Mlaml can rely on the above monthly report to bo true and aocurato ao submitted. S1GNATUIE,W REMARKS DATE rr/0/ / OVA /4(//- (/ 4y.. JGt):0: Onnsesslonalre ahali report Gross Revenues of the preceding month on' or before the 10th dayof each calendar month,' Any Monthly`Fsoa end Percentage Roes due and•payablo shall be remitted with this report, Make °hook payable to the City of Miami and 'return this report together with the proper remittance -to: CITY OF N(AMM PINANCE DEPA tTMENT 444SW 2ND AVE+N111; OTH 14L008 ATTENTION: TREASURY MANAGEMENT/RECEIPTS M1M1h Pl., 301a0 E7(HIEIT'`'F" GRASS REVENUE REPORT CONCESSION STAND GRAPELAND PARK* Month of .5n24vCO 1/ Total Percentage Applicable, Percentage reosand,FI,State- GROSS REVENUES: grass Revenue Percentage' pees State Use Tax UsaTax Due City Foodo iSaverage Qoncesslort FiC1!/ Mobile Wedhrq: Corks/Kiosksr. Mobile Vending CarUKiesk 1,41 Mehile'Vendirlg CartK10sk # 2 Mobile Vending Cart/Kiosk # 3 rota/ Mabila Vendino.Cart./Klosks Ven 13 ct MechTraeS;. Vending Machine # 1 'Vsriding •Machine # 2 Vending Maahine # 3 Vending Maahine #4 Vending Maohlne # 6 Vending Machine # 6 rota) And Inn Machi»es ater1n i Srvk'os: t /5" 21% 21% Grand Total Gross 'Revenues Minimum Month! Use Fea Amount $2,000,00 MINIMUM MONTHLY USE FIDE.& PERCENTAGE RENT AMOUNT DUE THIS PERIOD TOTAL: 1711.00, $2,075.0 . I ;hereby certify to the accuraoy of this report,.and acicnewladge that Alirfb, Inc. dlblal Junlors•Caterinn Of M i'ami has paid all applicable Florida Sfete.sales and use taxes which are rtue and payable, whether directly erindErectly, under FL,•Statute 212'to the State Of Florida Department of Revenue*"*, Tho City of Miami can rely on the above monthly reporttc bo true and acourate as submitted. ,SIGNATURE_ IATURE_ REMARK DATA . /6/ 6/0/ (.24/N "' ielyrl,' //*//t/ Conaaselonaire shall repert.Oross Revenues of the 13440cm:1111g month on or before the loth day of each calendar month.' Any Monthly Fees and'Perdantego Foes dug and payable shall bo remitted with this report; Make shook payable to the city of Miami arid return this report together with the propsr rerniftance'to: CITY OF MIAMI FINANCE DEPARTMENT l44 SW 2NO AVENUG,'OTN FLOOR ATTENTION: TRUASURY'MANAAEMENUREGCIPT$ MiAMI, FL. a'3130. 1','$ • SXI4IBIT "F" GROSS RSVENU6'REPORT CONCESSION STAND . GRAFELAND ARK'. Month of A- /,� Totai.1?ercenface. Annllcab1e Pergentpge Foe end.FI,State GROSS REVRNUE8: Gross FaRevenuue.pereonaae ,,§tateUee T.ax Use Tax Due,CIty. Pobd/Beverage oondesslorolliv: 42/ 3(/6f. 21% YfiJ �/y,5. 35,7/`5 %7 e fl I 1 *bile Ve»dinc{Carts/KMOks; Mobile Vending Cart/Kiosk # 1 Mobile Vending Cart/Kiosk # 2• PvidbiI Van'din'g GariiKiosk # 3 Tatat•Mobile Vendinri'Cartsl{U,aslt 1/&rl dlnr�141anhln es: Vending Machine # 1 21°Ar lir (3/, 5 f9' i' °.' 71 Vending Machine # 2 , ! Vending Machine.# $ Vending Machine # 4 Vending Machine # 6 Vending Machine # 6 Total Ven'dJnq. do;•n n'es 4 74 _ .7 —__i a. Ontering Serlta6s: y 21% Grand Total Gross Revenues Mtnlmurn Monthiy'Ueo Pee Amount � . e2(. 4 2I.0% `�' Jp`6p� / % " Y/ �P ill & Jac $2,000.Off. MINIMUM MONTHLY'USE FEE. , PERCENTAGE RENT AMOUNT DUE THIS PERIOD. TOTAL.R 176;00 $2,67�;00. I hereby certify to the accuracy of this report, and acknowledge thatAlrrle,'iner d/b/ai Juniors Catering of Mlanil bee paid all applicable Florida State sales and use taxes which are due and payable, whether dheotiy or'1'itdirectly, under Ft., Statute.21gto• the State of Florida Cepartnient bf Revenue*"*, The City. of Mi'aml pan rely on the abovo ntnn'thiy report to be true and' accurate as submitted. SIGNATURE DATIr 7.et,"/ RRMARKS i "11N" L� 71 .j� •✓1i 5— 'Ca 'aceeton'aire shall report Gross Revenue's of the preceding month en or before, the 101h day of each calendar month.' Any Monthly Fees end t'erdentage Fens dUs and payable shall be.rernitted with this report, Make check payable to the City of Miami and return this report together with the proper remittance to;• CITY OF MIAMI FINANCE DEPARTMENT 444 SW 2Nb'AVENUE, aTH FLOOR ATTENTION: TREASURY MANAGEMENTIREOEIFTe 'MIAMI, FL, 83130 ExfIIF3ir °P" (RCSS REVENUE REPORT CONCESSION STAND .'GRAPJLANC PARK* Month of • al d Total Percentage 6pplioable 'Percentage., Pees and.El,3tate „• , , f yss REVENUES: arose Revenue Percentage.Fe es State gee Tax gee 1'ax.Due CIty 1 o d/eevarags•CanGosstdrt ac'ufty, ) 4.. 21% ‘� %} °i 6 ; // 7/ . (1 l j pm. " • r Mcbife Uendinq Coats/Klasksr Mbhile Vending Cart/Kiosk #1 Moblle.Vending Cart/Kiosk #>:2 Mdblla Vending Cert/Klosk # J"otai IV1ok0e Veridlpq CartsiKlodl<s VenefingMachines; Vending Machine # 1 Vending Machine 42 Vending Machine # 3 Vending MaChtne44• Vending Machine 48 Vending Machine 4'9 Tot l.V0nd(no M{iclitaes • atarfr�rt 5er� /a2sµ 21b .21% a Grand Total Gress Revenues Minimum Monthly Use roeAmount /'o /'��... 11 ��1 178.8Q w._ z,srs.a MINIMUM hi'TNTfiLY USE FSR &PERCENTAGE RENTAt'4OL.NT OLN THIS.PERIOD TOTAL; 06p/ i6J.• a? 1 hereby certify to the curaay af'this'repart, and acknowledge thatAlric, Inc. d/b/a/ Juniors Catert'na ofMflaml has paid all applicable Florida State sales and use taxes which are due and payable, whether directly or Indirectly, Under FL, Statute 212 to the State of Florida ;!apartment of Revenue". The City of Miami can rerg on the above monthly report to he true and•accunite as Submitted. SIGNATOR, REMARKS 0,41)( / . adij""/.7c;:J +, c!.l Coneaselenaire .shall report Cross Re'Velitles of the preceding month .on or before the 10th'day of each calendar month. Any Monthly Pees and Percentage leee due and payable shall be -remitted wlth this report, Make cheek payable to the Clty of Miami and return this report together with the proper remittance to: WY tIP IVIIAMI FINANGE EEPARTMONT 444 sW 2N3 AVENUE, BTH FLOOD` ATTONTIONr TREASURY MANAGUMENTM2GElpTB MIAMl, FL 33130 DATE GROSS REVENWEp: EXHIEIT " F" • GROSS REVENUE REPORT GQNCESSIoN STAND . I+RAPPI Ahlri' PAPI4* Month of_ June 2011 Total Percentage 4pnflcxble• Percentage. Fees: and P1,State Gross Revenue Percentage Fees. .State Use Tax Use Tax Duo Cltv Foot[/13overage Concession P'aollify. 83,776,83 I41oblte Vending Caria/Xigsks: Mobile Vending Cart/Ktosk lk 1 Mobile Vending Cart/Kiosk 0.2 Mobile Vending C2rt/Kiosk 0 rota! Mobile Vending Carte/Kiosks. Vending 't lie c h ines: Vending Machine 01 Vending Machine02 Vending Machine:lh Vending Machine04 Vending tMaohlne /F 8 Vending Machine 0.9 • • •-Tcta1•VenclIn'.Maohinas.-_— .. _.. _. __._ • - Catering.Servicast 1,697:00 21% 1'1,292;93 •`� Y00,60 _12,083,43 21% 335,37 23,48 398,35 21% Grand Total Gross Revenues 58,702,85 '21,0% 11,710;50 820,16 12,836,83 Minimum Monthly Use Fes Amount $2';500.0 176s00 V;875,99 iVi1NIT8UIUi MicNTHLYU2.t PEEPERCENTAGE RENT AMOUNT DUE THIS PERIOD TOTAL: 19,211,05 r l hereby certify to the. accuracy of thle report, and ac4nosvledga that AFfiri©, lrtrs.'d/blaf,lunlors Catartncl ttr_Matti has paid all apptleabl4 Florida °%tate sales and use taxes which are 4ua and payable, whother citrsatly or Indlreetly; under PL. Statute 212 to 1h a r`8ttte of Florida Pepartmant of Rovenua*"., The City of Miami can rely on the aboveindnthfy report te be true and; accurate as etibrnittad, :SIGNATURE / DATE__ REMARKS . 8 attached /// Coneesstonalre shall report .t: rocs F2ovonues of tile preceding month on or before the 10th day of each Calendar month. Any� Monthly Fees end Pt rcebtat e Fo ee due and irgyab lik st)otf lw=: rnrart wllh htu rnpr rl. Maim t hank payable to the Oily orMiamt and return this report together with the proper remittance to: CITY OP MIAMI FINIAN08• p'8PAt4TNMS'0fl 444 AP/ 2ND A5%E1,1.U8 drtH.PJ..00R ATTLNI'ION; T MASURY PMANAG 41414T114Mi IPT9 MIAMI, FL, 3a?100 °'Gross Revenue Report subteot to change ana rovlslott, Rev. EXHI fIT'" p" GROSS REVENUE REPORT 'CONCESSION STANb • GRAPIILANE PARK* Month o1 4, Total Percentese Applicable Percentage Fees and Fi,State GROSS' REVNUiSS. Grose Revenue Perdenthae A L� ees State UsTa . Use /Taax Utle City P"4vdiBevetem Concession Pacllltvt J v / 7 2W " 64 3/*'P, '5 O .40 4 G ge:/ y5 Mobile Vendirm,Parts%Klosks• Mobile Vending Cart/Kiosk 01 , � �� $/ r' •$02/'8' li Mobile Vending Oert/Klosk # 2 Mobile Vending Cart/Kiosk # 3 row M izibik Venclltin ertatklesks 21% Vending Machines, Vending Maclilne # 1 Vending Machine#2 Vending °Machine # 3 . Vending Maohlne #4 t Vending. Meehlne Vending Machine#6 (� Tote! Vendlpq Machines Cetarlet1 Services: l r 21 % //o ,r' 7r?1 S//2, ?6 MINIMUM MONTHLY.USE pSE & P'3RCENTAOR RENT AMOUNT DU5THIS PRRIOp TOTAL: 1 hereby certify to the assuraey of this report", and acknowledge that Ando, Inc, dl b/e/ Juniors Catering of NI lam] bee paid all applicable Florida State sales and use taxes which are duo and payable, whether tiireotiy.or indirectly, under FL...Statute 212 to the State of Florida Department of R'evonue**.. The City of Miami can rely on the above monthly report to be trite arid acourate ae submitted. SiGNAT'URE REMARKS h/�i Nay^{? f YuYG+C• Concessionaire shall report rose Revehues of the preceding month on or before the 19th day of eadh calendar month,' 'Artyy Monthly.Fees'and Percentage fees due :arid payable shall be remitted with this report, Make check payable to. the City of Miamf•and return This report together With the -proper remittance to; CITY OF: MIAMI maim DEFARTNIENT 444 SW 2ND AVENUE,.OTH F't.00R ATTCNTIONt TREASURY MANAOEMENTIRE'CI8PTS MfAMI, t., 3'34•30 Mobilo Vandigp• Cailail<tosks: CXWIBiT " P" GROSS REVENUE REPORT CONCESSiOON STAND GRAPELAtiND PARK` Month of fi<Yigil- /( Total Percentage Applieable. Porcentapo Pees end.r'I,State GROS$ REVENUES:. Grose Revienue Percentage. bee, Sfate„Use Tax Use Tax t'( x Due Ci Poodl$overacie ConoessIon Faotlliv: // 357, ' 21% 6.6 / /3 ' 400 Mobile) Vending CartiKiosk 1 5' R 'i t/p2 - Mobile Vending Cart/<iosk #2 Mobile Vending Gartll<iesk # 3 . Total Mobile Vianellrl kCattsll4los<s Vending Machines; Vending Machine# 1 Vending Machine # 2 Vending Machine #.3 Vending Machine 04 Vending Machine # 0 Vending. Machine MO Total Vehdlaq IYIachlois •Cate/ng Sentlees: Grand Total Gross Revenues 21% 0 21% Minimum 11/tenthly Use pee' Amount $2,600;Oh 2'1%, MiNIMUM MONTHLY.USE FEE & PERCENTAGE RENT'AMOUNIT'DUE THIS pe1'tor) TOTAL,: 267 M. I hereby oertIfy-to ttte,'aoburac r of this roper:, and acincowledge•.fhat Altrlo, Inc. d!blal Juniors Cetarinco of Miami. has paid' all applicable Piorida'S'late sales and use taxes whioh.are due. and payable, whether directly or indirectly, undor PL. Statute 212 to the Stato of Flo rids 'Department. af:Revenue** . The City of Miami can rely on the above monthly report to be true and accurate•as subml'tted. SIGNATURE„, .REMARKS jGlt', ; ,FfCrl DATE 1V7/ .. . Ooneeeslonalre Shall report Gross ''Revenues at'the prsoad(ng month on or before) the 10th day of each calendar month: Any Monthly, pees and. Pereentaga'P•ees due and payable shall be remitted with this report. Make check' payable to the Oity of Mifimi and return tills report together with the proper remittance to: 'CITY 'OP MIAMI PIN ANCRaET?ARTMSNT Mi4 SW2ND AVENUE, WI I"L.00R AVENTIDNt TREASURY MANAGEMENTIREGEIPTS EXHIBIT "p" GROSS R>«VENUE •REPOT T CONCESSION STAND A G14APELAN}7 PARK" Month of dl4 e/ w C,lP Total Poroeptaae Ap151teebte Percentada Feat and PI,State CROSS F?t=Vt NUESs Gro'ss.ftevenue Percentage d r�ees State Use 'rag Use Tax Du CI1V w. Yood/i32verage :Qoncdssion Faoilltyr O /. � ' ' 210/u `�' 3 9 7Q1".7 Mobile Vendlnq Cprts/87,0skSt Mobile Vending Cart/Klosk # 1 Meblle Vending Carr/Moak # 2 MONO Vending Odd/Kiosk # 3 rotal.MVMabile Vending CartslKiagks, Vetrdfr .cy lVlachlnee: Vending Machine #k 1 Vending Machine # 2 Vending Machine 03 Vending Machine 0.4 Windily Machine #6 Vending M1Aa'cHlno•#6 Total Verrdinq IYJachlnos Gatorinn Se ylaes; 21% 21% 21% Grand Total. GrOsss Revenue's 001-8 VI:9 21.0% 9 qa_, Minimum M.onkhfytIsa Pee Amount 82,660.0 MINIMUM. MONTHLY USE FEE' PERCENTAGE RENT AMOUNT DUE THIS pERI015 TOTAL:, 2,6?6Ab I hereby certify to the.. accuracy of this report, and acknowledge that Atirio, Inc; dl blal Juniors CateringMiarni has paid all applicablep'lorida State sales and use taxes which are due and payable, whether directly orIndlroctiy, untier'FL. Statute 212'to the State of l^larlda Department of Revenue -h*, The City qt Miami tan rely on the above monthly report to be trUo and accurate ae submitted,. SIGNATURE • 4''14/e' ,P4r. t4 'R'' DATE: ��,,0/t i �� .. . Cancoaslonaire shall report Gross Revenues of the preceding month en .er before the lPth day of each calendar month. Any Monthly Fess and Percentage fees due and payable. ehell.be, remitted with this report,. Make check payable to the CRY of Miami and return this report together with the proper remittance CITY C7+ Mh\Ml FINANCE PEPARTMI?NT 444.8W 2ND AVENUE, 6TN 5LOoR ATTDNTIoN1 TI2SA5't1NY IYIANACEMENTIRECEIPTS WPM(, PL.361,36 wallow "P" GROSS REVENUa )SPORT GORGESSIGN STAND,. atIAP3LAI,16 PAW ., Month of e")C4'677-.),Ge4 Totaleroentase isinPlloahele Vercentan.a pe,)s and PiRtate GROSS ytEVEMUES: Gross Revenue peroentos av Stets Use" Tax Use Tax Due 0Itv. PeatiSevenve:Ocirsesslon Facility: .1 Ydr'° 21% ' d 7 7 plo- . o'o_ ;76'. I Moblfellanillno Certs/Ktosks MebIle Vending Cart/Nloak it 1 Mobile Vending Geri/Moak 42 Mobile Vendlria Gart/Kloak 0 a ,refati,Moyte Vending. Carte.klosks Vending Machines: Vending Madhlne.P1 Vending Machine 0.2 Vending Machine 0 3 Vending MaohTne-0 4 VendingMachina #6 VendlnaMachlne # 6 yericlintiRieshinsa, pectino Senit,cesi 21% Grand `Total .Gross Revenue.s • Minimum merfttIlY Oao Poo Antount j $2, 606.00 .21A% MINIMUM MONTHLY U$ PEE & MEGENTAGERENT AMOUNT DUE THISMRIOD TOTAL: 176.60 2,67100 dPkro / .4=Wrilt1 I boob y certify to the noonrany Of this report, und adknowiedge that All do, dIbial Jun io rS Catering •of Miami. has. pald MI appRoa hie- Florida State sales and use nixes which are dub and Nyablo, whether directly or Indireotly, rand er FL, Statute 212 le the State ofrlorida Department of neveni.f(&, The City of Miami can rely on the above monthfy re6ort. to be true and accurate as submitted. REMARKS DATE Conoes819maira shall report OrosReverwes or trio pr000dlna month on or bofor s the 101h day ofteeh oalendarmonth Any Monthly Feesund Peraentage Fees duo and payable shalt be remitted With•thls repOrt, Wk . cheolc.payable b the City of MlaMI and retUrn thts report tegether With the proper remittance. te: UT? OF.MIAM1 FINANCE DEPARTMSNT 444 $W 2ND AVENUE,6TH moori ATTENTION; TREAsUAY MANA8VMSNT/11001Pis MIAMI, FL. 4811er EXHISIT "rot GROSS REVENUE REPORT CONCESEION STAND OriAtn.f.AND PARK* Month of Totel.Peroentaqc 61V1laable, peroontape Fees en d'FI,State DROSS REVENUSSI Gyots Revenue Pe ro ante cre filei State UkoTak, Use Tax Due Oltv Podd#34veracie, Conoosslon Park / 0 ' / r967i (-) 6' i'ii. (.9467 ..X.," / 85- .. r a . ;.8? "6. 5 '3. moollia wttdocr `artv/KlosAti Mablle VerldIng C)ert/Klcsk 0 I .... 55- " . SI' v.,,,,i, ,,, 25‘. dl 0 Mobile Vending Cart/Kiosk bile Vending Cart/Klosk 4 3. Tota/ 11/1pbt lo Vending/ Carte/Meeks Vondirm Vending Machine 01 Vending Machina 0,2 Vending Machine # 3 Vending Wahine,* 4 VerndIng Mac hIne,0 6 Vending MachInc 6. 7cital VT) 7R7Ttisi litfaiThlk, Sovloast, Grand Total Gro .Rovenua Mirilmura Mo 11. t-7 24% MINIMUM MONTlILY USE PEE & PERCENTAGE RENT'AMOUNT DUE THIS PERIOD TOTAL1 I hereby oortlfy to thurany f this report( and aolmowlelpe that /fl10 I filatai Juniors datermoot Miami has- paid all / applloabla Florida.S tate eaten and: tree lartee whl'oh are due and payable whether 1:tiredly or In dirootly, under PL. Statute 12.to. the State of Florida 'Department of Revenuo***, Tho City of Miami onn rely on the above:monthly report to be trUe end accurate sc. submittal. SIGNATUFIE REMARKS v€,A7 Slow DATE_ Conosealpnalre shall report crass RevenUee of the preceding month on or before the lOth day of each calendar month. My Monthl .f. eas. end Percenteoe.reoa duo and poyablenoll be •romItted with No report, Mako oheolc payable to tho OltyoMIamiajid retim thla report togetherwIth the proper remittance tO: CITY oP MIAMi FINANCE DEPARTMENT 444 sIN 2Nb.AV3NUE,'6TH 'FLOOR, AVENTION1 TREASURY MANAGEMENVRECEIFTS MIAMI, FL, 33130 • i:wMgitI9.4l 9rZOle$ RVENUESt Poaelaotrara„q6 Concess19, 1 615' '2714 y 21% "2 A??1,8P. P9/ 61' ,.; EXHISIT'"F" GROSS RSVENUE,REPORT CONCESSION STAND GPAPELANb PAR Month of 1711 rt /V Total Percentage Anolicable Percentage. Pees and F1.3tate Gross Revenue Percentage Pees • State Use Tax Use Ta 'Duo Oft MOO VanclIna Carts/dloskse Mobile Vending Cort/Klosk#1 'Moblle 'Vending Cortil<Wk #2 Moblle Vending Cart/Kiosk 0 3' rota/ tWobli0 Yent110 Qat?M.Vdsks VEmellav ItlatthIn es: Vending Machine 0 1 %Aiding Ivtachlne Vending Machine 0 3 Ventilno Machine #4 Vending Machine If, VsndIng Machine 6 0.10 17 75V-:4 21% , 'rota ven4ikti1achlt1 21% Crearinrj.Serviees: 21% Grand Total Grose Remy OS' 5$7r&OV milurrum morm use. 06e kvt01..,=1 lb' )3 37I)* 17G.O0 MINIMUM MONTHLY USE FEE, pERGMNTA0e RgiirAtviOUNT DUE THIS PERIOI1 TOTAL; 1 heroby salty to the assuracy Of this repeal, and acknowledge that Allrlo, Inc. Wei Junlars•Oatdrh16 of M141111 NIS paid all applicabluPlerida State sales atitl use Wes which are. duaand payable, whether directly or indireetly, under FL Stattito 242 to the State of Plorlda.Depattnient Revenue, The day of MIMI can raly en thd above monthly report to be true and accurate as submitted, SIGNATURE DATE REMARKS STir Xer • z,elce ;14 fvfrhe,lei 4 ,5 .4514 )2/70 GOneesalahraire shall report Grose Revenues of the proccdIng morith on or before the loth day -of each calendar month, Any Monthly Fees and Percentage Fees -due end payable..shail be.rerhitted with this report, Make check OYable to the City of Mlaml'and .mturn thla report together with the 'proper romIttenco to; OITY0V MIAMI FINANCEDEPARTMENT' 444 SW 2140 Avalu4,orri MOOR ATTRNTION1 TREAsURY MANAGEMENT1REoEIPTS MIAMI, FL, z3130 vm GROSS: REV1 NUEi5t ,MobileVendipq Carts/Klosks; Mobile Vending CarU}lfosk # t Mobile Vanding £artlKfoak 11:2 Mobile Mantling c art/Kidek #a `kbtal Mobile.Vendhi Cgrts/i lL a a V.endlnetblacHlrtesr 'Vending Man 1 Vending Machine M 2 Vending Machine#0 Vending Machined Vending Madhlna 11,5. Vending Machine .M B E.XH1aIT"P" GROSS RRVI NIJU.REPORT GONCr;ssidN STAND - ORApLAN, la PA Montt of ., °Wy /C1 Anolleable percentage Gross Revenue Percentage Reeei SkateUGe:t'ax j 6(/. 21%. �avymy s i •u Total Porcentace Roes. end 141.$tate Uoe Tax Due'Ctty 21'% fi re v J✓ �S 5/ TotaPVe dtnc� M alrlries ..�. _—. _ . -- — ' ,. 21"/o Cateriv SoMoss _..., " 21 % rand Totat,Gross Revenues 2.1;O% Minimum Monthly Utte Pee Amount. 2,500.00 MINIMUM. MONTHLY USE FES&PeRCENTAGSRENT AMOUNT'ODE THIS PERIOD TOTAL; '4§76Q0 I hereby oartlfy to thd•aoouraoy of tttiia'roport, and acknowiedge'that•Atiric, Inc. dlb/atjuniars Catering of Miami tlae paid all applicable i Io ids State sales and use taxes which are Clue and,payabte, whether directly or indirectly, under Pl,..atctute 212 to the State' of Florida Department of Revenue*"", The City of 'Miami can rely on the nb'ove monthly reportto ba trud and accurate as submitted. $iGNATUR4 REMARKS el 4 DAM] Concenslenalre shell report Grass Revenues of the preceding month on 'Or before the 10th day of each calendar month, My Monthly Peon and PCrcerita00 Rees due and payable nhail be remitted wlth this report, Make cheek payable to the City of Miami and ratum this report toga herwith the proper remittance to CrfY'tr" 0MIAMI I iNANCu CIM)ARTMSNT 444 $W 2Nn AVRNUS, eTH FLOOR ATTRNTIdN; TRN:ASIJRY MANAGEMENT/RECEIPTS MIAMI, PLi 38'130 GROSSR5yEiNUES: atara.yeZ0 Cvivoebt fart Klett": MakApsiimartelloploi IViebIle• Vending Cm11104k 0'1 Mobile Vlindim,1 Derig<loW*4 #2 Mobile Veriding 'Oen/kiosk 03 Ti White 1.4spliritlpartlAtiodics Mugu Piledilnos; Vendleo Meohine Vending heleetilno # Vending MThIns 03 Ve mileg iviachIne 4 Vonding Vilaohlite Vandieg Machine #0 1nn P)Mitoev: ,9terl(1100.1 Ors Revamp*. ,F,141nurn Motif& ite,F,4m Amount EICHIEIT "P" GROSS REVENUE REPORT CONCESSION STAND . GUIELAND PARK, Month of c./dzir o'-a101 .140110ablo EcToqrlapo. jnUfIemeptecut Fate tlea Tex Iola! Perftdia, avv.40411,§wt, puivcruepil 72L1./:30 gl% 11% a.• a KO% • t 0— 4,40gAdt4: W. wt*el ste. itAt V0,00 $,PAKO,Ob • NIIMIWIL4111 MONTHLY USE mai. PERCENTAGM RENT AMOUNT DUD THIS pomp Trytag 1ib70".9Y I' hereby certify t o eteureoy of thin ?open., and eoknowledoe that Allrio, lec. d/b/a/ JUnlore CetorInQ of Mien1 has Pow applioeble Montle Stet) seloe am.1 Imo Vinewhchera tlue end payable, whether directly or ledItootly) u•d4.StiltOta.212 to the %eta of fora f Rov4,nuo""4. Tilt) city of Piltarni can rely on itto above 'monthly 0004,40 be toe end neeurete ee &Omitted. SIGNATURE REMARKS DATE Gonacestormlre &heir report Coes ReVenos4tIie pr000ding month on Or infore the 10th 'day of aeO14 °Wender Month, Any Monthly Nog ond Pbratant40 Roos duo ond payeble hell be retngted with Ibt& report, Mk q amok payable ta ilia City of MIannd rattIrri this roport t000lhorwith tho proper reniitionve CO,;, OF MIAMI PIAINICaDEPAIMPIr 20 AMNIA 6711 PLoon ArraN'aCfmc TREASURY KANAGEIVIONT/REOVIIPTO WHAM, 3$130. EXHISIT "F" GROSS REVENUE REPORT CONCESSION STAND - Cif PARr Menth of . (4-92, 671- Anpfle44,,tt, GROSS IIMVENUES: . • 9194s.19ovonue Pementage p9o11/BearatioCrancovgathilacifily), 'c'179.1 .2.57, 21% Atlkil Vend Ita,CtintIPSIM MbU Vent1109 0011/Klot* Mobile Writilpg 00tiNfask #2 Mobile Vending Cartgask #.0 Zapf obi le. yenalq -,COLOSIoake yencrletr 114ac Vending MaohInt tA 1 Ventihr Moohirre Vending f\Aohlne Vending •WO -Co# 4 Vontlirtg. MWiinerli 0 Vendlno Macthine # rozotypt_alq„Ka_rkl_g_II.•ao; Meettip $prytt,,e),414 Fi,eroteita2,0 ci402y,tgagga, FqDts ond 171,state atata t186mx,Vse;reat titioAt 95'Y , V(16- V „4. 6 • ' Ir.•••r1; 21% 44 .4Y .1^^` • Grand TONI Groes Revannee Lk n Roc! Ameuht j $2,000,40 L',/ 8 '70 21.0% 1.?3.00 KV37,96 M1MIMONTNLYUS FES: &PENDENTAGE RENT AMOUNT DUE THIS PERIOD TOTAL1 -17441110 I horobV obittly itito4cothv1y thlt report, and tioltnewledge that Me. d/h/a/JunloreCaterInp-of A/110ml Itaa pad 011 • 0ppllot1ble Florlda Efate sales And Use ttalmb wilicatlea clisu and payahle, whether dtreatly or lndfreetly, tmtlor FL. Statute 212 to ,Bilpee„e the ttete of Iltnitle Deportment or morentia**',, The CIty allloritenn rely oii the obovo monthly ttport to bo true and tOutten eubrriltteck SIGNATURE 1,1EMARI8 Dm " ,c61914, e / ,re--A,Aevi 4 / tonoe$slonolie 4,1hori report Gratis RevOnue'0. of the pre00(1410 Month omerbefore the lOth-rlay itmeh nalandar month: Any • Mont* Faeo and Percentage rims, ate and payable hall ba remitted with lble report Maketheilk: payable te. the City of Mlarn1 end return NG report together with the raper remtbn00 to: oiTY OP MIAMI 14110010 rgiPARMIMIT ,v,,AvaiwmAgNif 444 SW 2ND MANIA Th PLD01 AVENTIONetkEASLINY MANAGEMENT/W.10E1ms IAMI FL. 03f30 a E OSS EVUV Nuts:. cod/Elovarage Cone'esslon &rcletry: Mobile Vending Carts/hdoska Mobile VFandtng Cart/Weak # 1 Mobile Ven'ding'Carr/Kiosk 02 MONle Vending Cartlt<leek '3 Totel: (oiiloVendinctCvrtslKleske 17.ondIng, Maohlriose Vending Maohtne 01 Vending Machine 02 Vending Machine fk Vending Machine 0 4 Vending Machine ffE Vending.Machine 0.8 rofall%n'ditrrt Njaehfnes Gater4rag Services: Grand °fatal t?rosr;,,R venue Minirt7urh Monthly Use Pea Amount � $2,500.00' EXHIBIT "P" GLOSS REVENUE REPORT CONCESSION STAND.- GRRELAN PARK" Month of /77,:/ l�l '"" e? >/v1" Apptlosl.iL dross Revenue Percentage 21% Total Percentage Pargontage Pees and' I,State pees State. Use Tax Uso Tax Due City 17S:Ad MINIMUM MONTHLY USE PEE .& PERCON'TACC RENT AMOUNT WUk THIS PERIOD TOTAL: I hereby certify lathe a'acuracy of flag report, and aoknowiadge that Albin, Inc, dlblal Juniors Catering of Mlami'has paid all applicable Merida St'eta satea sand use taxes whidh are d'ue and payable, whether directly or Indirectly, under PL. Statute 212 to the State of Florida Departriaent of Revenue*"*. The City of Miami oan rely on the above monthly report to be: true And accurate as submitted, SIGINATUtE [SATE . S /1 /1. REMARKS ' f G%G,,G'` 4 1 b ! t) 'v7 J 'Concessionaire shall report Gross Revonues of the preceding month on or before the 10111 day of each calendar month. Any Monthly Fee and Part entege Fees due and payable shallbe'remitted with this repoort,. Make check payable to the' City of Mlarrii and. return this report together with 'the proper rendttance to; CiTY•oP MiAMF FINANCE IMPARTMENT 444 SW 2Nb AVF?NUB, ATM [UDR A'rTdNT1oN: TREASURY MANAGEMENT/RECEIPTS MIAMI, PIS, 331''4 Mien' OR086. AVENUE REPORT CO(C&I,Slf.)al 61AANID GRAPEIAND PAN.* Month of 41-AMOL.0.0 itgiztinFinfrtz Poroentgat, 6631;30 1301402KM f,irsattlak fgaft (4f106n pealUTei.11$4,31-T,s,p9.4t1 ArAd/Faevortvo Cattoosaftga Fgatilitt 5-riov V7v-rr &kilo troodeou CotUlgitah.m, Mbfl Veticlhlo CardagoOlc Mabee. Vending .0oreilook Moblia Vending. Cart/Wool( 0,2 fikfign,tivellnetetaritOnAig anSui klitcfrifitg Vending Maohlno 1 Vondln0 Maofilno Vonding Machine 02 •Volitgng Wahine 04 'Vending Adzofilne Vending Mothine 06 IOW Wf74,fgage,e(gfop,,,a 21% 21% aff_driaggylopo: 21% ig-v=x 4.4e-t46 Oral To161.,(,.rooentes Vitar gol.q..PqMit10001t 432,014.. 17646 MINIMUM tiefilifILY USE PEE ei 1,110CENTAGt itiVilt.:0106,1i0 DUE Tf116 pEniott TOTAL: I bercatv onftfy lo Mo. meovraoy tble reporiJJJ Mimi boo paid all IP 28,e r applinobto Morida Mate Woe and use maga lolAnb ore due onal payabin loaner diroolly or ilidireofly, under PLAttaftitia 212 to. tho 6toio PlOri4o Oopotirnont riovono00. Tho chy of ritIforro•cau rely on Um obovo monthly rovaittfo 110'0.00 rlila MUNtO CIO .00bfifIlit0a. Sle.'3NATURE„ . a DAT ,____11Z19/ gt, RENAilK6 1APIve& . ,e,r2As Oaricoesionalfe shall roport Grose ilevenueo dtho pram ding month.en o 1)EyFam the OM day <4.040 nalendar month: Any MOM.* Pees and POrdelitacie Fees duo and payable faholl.bomMitted With thin mpott. klaito OW< payable to the City a mom ont. roturn thl$ import toDether With the'propor TemIttaneo to: .6117 De pi ONIVITNISiT 411.4.6w ±N AVENt2t,61}1 V10011 ArtEilidOikh"f2a.A60111r PIANA6511.6tOlPTs 3:31$0 EXHIBIT "F" GROSS REVEN.US REPORT CONCESSION STAND • ORAP.,ELANb I1PR. * Month of jt''Ff"t' ?1 <. GROSS 1e'EVENUEsi Gross Revenue .percentage AnpliObleperog_ntasie peas, State Use Tax !~cod/,Heverbae C.orfaess/on PaoNl y. .t,/ 4/ ! J '"29 yo ' y Pi ! 6 / • 4 PY /Mobile Vendlno Carto/Klosksr Moblle.Vending C'ert/Kiask 01 Mobile Vending Cart/Klosk 02 Mobile Vending Cart/Kiosk # 3 rota/ Vendlna CatteNto'ks Vending Wahines, Vending Maehlna.# 1 Vending Machinef2 Vending Machine # 3 Vending Machine.* 4 Vending Machine# 6 Vending Machine # 0 --_ ,.r'ota/-Vand/np.Maohlnes - Catdring 5e Yl'cas Grand:TotalGros's Revenues. a•�e-.irr Total Percentage Fees;andFI,State Use Tex Dos ON . 21 %. .fi ;k "tip fl MlnlmuYn Monthly. Use Fee Ams lit $2r600,00 21% MINIMUM MONTHLY USE FEE & pBRCENTAc1E RENT AMOUNT DUE THIS PERIOD TOTAL! 1 0tl'� ' " nd4 I hereby. certify to the accuracy of this report, and acknowledge that An do, Inc, d/b/a/ Juniors Catering of Mfatni'ha$ paid an appllcab1A Rlorida "State sales and use' taxes whloh are due and payable, whether directly•or indirectly, under PC,. Statute 212 to the State of Florida Department of Revenue***, Thb City of Miami can rely .on the above Monthly report to be true and •aeoura't'e as: submitted. SIGNATURE OAT E' l/( 01 /, REMARK'S 'e'fi l 4 e g.4 e'74 "v41, ti j . ) Concessionaire Shall tbpot3'Grose Revenues Of the preceding 'month on or before the 10th day of each calendar month, Any Monthly Rees end Percentage Pesa due and payable shall be remitted with this •report, Make check payable to' the "City of Miam'I and return title report togotherwith the proper remittahTce to; QITY OF MIAMI FINANCE DEPARTMENT 444 SW 2ND.AVENUE, 6TH FLoOR ATTENTION: TREASURY MANADEM8NTIREDEIPTS 'MIAMI, Pl., 33130 water "F" GROSS REVENUE REPORT CONCESSION STAND GRAPELAND pArg. Month Al4lIperc entage otsaP .14riedreiTc utaeo_ ROSS REVENUES: Dross Reyenue Parcentaile kts Stato Use.Tnis Klee Tag Duo DIty PodalPormvle aonoemslon 4 Pa % 561207 ,yv.ou cola .24) 11/1490e yonqirmayt6/KloskaL Mobile Vending Gart/Kloak MotilleVendlno 'Cart/Kiosk *2: MoblieVen ding Gort/Klosic rota Vortang CarttNIpales VendInti Ilkohlhos; Vending Machine *1 Vending MeellinoW 2 Vandlno Machine ib 2 Vending Med-Met-4 Vending Moohlnal.8 Vending Machine & Zi% 01. " • Wfir17617elinAVAtifieT ' ' CaterTher, ory.leeo: 21% . Grand Total GrosePievenues. MInIniumPVIzalx12,1? Foofmourit 1 2i600.00 MINIMUM IVIONTHLY,Ute FEE et PERCENTAGE RENT AMOUNT DUE THIS :PERIOD TOTAL:: I hereby certify to the accuracy of this report, and acitnawredige that Allrle,no, d/b/a/ Junlore CalbrIno of Miami has paldslf applioabIe•Florlda State sales and use taxes which aro duo and PaYablo, whaler dirootiY or indtreatlY, ttnatir L. tutJ2 to the State of Florida Department of Rovern.w". The City of Miami oan rely on tho 'monthly report to be true and soot:irate sa .subirltted. (Y2 161):CIV 210% 5/' C' 5OP g 176.00 031:04341. SIGNATURE REMAIRKS Afri •*;.,//1 4'4) • 4:-,1,1"Itel conpessroneire tUeport Gross Reventme of the preceding month on. or before the 10th day of each calendar month, Any Morithly.Fea arid Percentace Veea -due and payable shall be melba with. thls report, Make .ohaek payable to the City of Miami and return thfe report.toother w h The proper remittance to: 01M0108 IVARritileiVr arrY OP MIAMI 444 $liv Ni2AVENUE, 6TR.FLOOR .ATTENTIOW TREASURY MAIIAOMENT/PEcEIPTS MIAMI, rt. 33130 DATE 011Qa$,REOMNUria; Earapyl Contatmlon PAalatti IlilobiltVerunlagOalKI.Ovitst, Mobile Vending eartlKies14 Nitobilo Vending Ceft/Klosl<0-2 • MallVending Deft/14109k # 3 et 4611 V cl/h Cartek/oskr, Ven dive/Want/ nes,: Vending Madnine# 1 Vending Machine g 'Vending Machine 4t 8 Vending Machine it 4 VON -Whig Wohine It 5. Vending Machina lf rapt von dfrigmegettles 'co:toting $ervbdes: 5XHIDIT "to OROSS RRV54405, COMMISSION) STAND GE1 PM:419 PAN*, 7 Monty& • pt.,/ doe:24,11 latessge,n_.„. tag_ AoplIcable persentaris reas,andilLState Arose gbyonuo Poreentam 40§ $taiellea Tax V80 • 21% 21% 04 ?fr. gy 3Vir 21,0% ft4 nitntain Monthl Use Fil0 AMount MINIMUM MONTHLY UUPE & PERCt NTAGE.lnur AMOUNT DUP1 THIS PaRIOD 118.00 z 78;0 TOTAL: I hereby cerilfy.to the ecouraoy of this ropori, And anknowledge thatAlirlo, Inc. dIbia/ Juniors Catering of Miami bee paidall Plorida State sales and use taxes which are duo end 'payable, Whether direct(y:or Indfrestly, under FL. Matute 2:12to the State ef'5Iokida Department of Reventio**4. The CIty,of Miami oan rely on Tho above monthly report to be true. an rateas submitted. SIONATURE RNmpiRks_ ee,e) i7r6t /fr 61. t4e4 J .4)ficeri" Concessionaire. shell' report Gross kev.opurn. Mho preceding Month on or before the 10th day•of•eaoh oalandar month, Any Mortlfily Fees and Percentege.Pees due and payable thall be rein IttOd With this report, Wake °hook payable to thetIty of tAlamiend return thte report topther with.the proper remit -tame to: CIT' offlIAMI MNANCEDSPMIltrIgNt 444SW 211t5 Amt\rnof,It TRSASURY MANA04MeNTIMUIPTS. MIAMI, rL033,13o XH1IT"P" DROSS ROMNUE RRPORT DONDS$810N STAND ORAPDLAND PARK* IltIontftel :1:141,e7e4 GROSZ FIEVENVEs:, Grass Revenue Poekl/E3ouorativ Conosslop.FAdi ftty: yoblho yfTlIng Nefsiglo$Rpr Mobile Venting Cart/Meek 1 'Mobile Vending Cart/Klo& 0,2 Mobile ViimdIng Dot/Kiosk # row ilnoptle Vendlop e_ortell<19,212 Verrarsq 1141chitiOs: Vending Maohlne 1P1 Vending Maehins V2 Vending Welling fl- Vending Madhlne i 4 Vending Machine if 6 Vending Machine *S, poter/nRosrvfess: Total Fercentasa Applicable rbropntotre Frees and Fh6tate. Percentage; Fees 'Stele Use TeX ties.Tax Cue:City 21% 404 21% * — • 21% .a•-.•••••-••• I •••,••••,- , Grand Totat.tAocee Rovenues Mintniene 1119j91Use Fee Ahrrint,,,,,,, $2,600,00 • 5-Tipae' ••••••••41.....1. 21% MINIMUM IllIONTIALY USE FES PERCENTA(.45 RENT AMOUNT DUD YNIS PERIOD TOTAL! jLo of hereby ciertify to the -accuracy (*this rer3ortoend achowledge that•Alirleo inc. d/h/si Juniors 'Catering of Wand has paid all topileable Plorda State sales add Use texas which are due and payable, whether directly or Indirectly, undern, DieNte 2121c the State of Florida f)tapartnient Of Revenue", The City of.Mlami nary rely on the above monthly report to ix; true an noourate as submitted. 'SIGNATURE RMMARKS5. PATE 416,9;i CV ) a6V Conoosslonalre shall moat Bross Revenues of the preceding month on or before the l'Oth day of each oalendar month, Any Monthly Foos and Peroentage roes due incl payable' shall he remitted' vvIth this report, Melo oheok payable tothe Oily of Miami end return this report together with the Proper refnIttannet� OITYDrimiAlAi PINANODEPARTIONT . 444 SW 2ND,AVENUE, 6111 FLOOR ATTEN110WTREASURYMANACEIVIENTIREOEIPTS MIAMI, L. 32130 s'weOrKidiall City of Miami, Florida RFP 577381 EXHIBIT B SCOPE OF WORK 1. Introduction The City on behalf of the Parks and Recreation Department (Parks), has contracted with an experienced and capable party to operate the food and beverage concession (the "Concession") for Grapeland (Grapeland) Water Park. The Grapeland concession area is approximately 625 square feet of space consisting of a kitchen preparation space, pass - through window, together with certain furniture, fixtures and equipment set forth in the inventory to serve park patrons. In addition to providing a wide variety of food, beverage, sundry, and catering for special events (e.g., birthdays, graduations, etc.), Contractor shall also have the option to provide vending machine services, an ATM Machine, and up to two ancillary mobile food carts/kiosks to provide food and beverage service to the water park patrons. Notes: 1. The optional services which will be located outside of the Concession facility (vending machines, ATM Machine, ancillary mobile food carts/kiosks, etc.) require Director's approval. 2. All special occasion catering events during operating hours will be handled exclusively by the Contractor and only cake will be allowed from an outside source. 3. The Contractor will be presented as an option for after hour catering events. 2. City Responsibilities The Concession area will be provided in its "as —is" condition. The City will not pay for or reimburse the Contractor to paint or improve the Concession facility. The Contractor shall perform any and all Concession facility improvements, in compliance with the South Florida Building Code, and in accordance with the Agreement. The City will provide the Contractor: a) The use and occupancy of the Concession Facility with all of the necessary equipment and appliances within the concession area needed for the purpose of providing food, beverage, and sundry services to Water Park Patrons during advertised operating hours on an exclusive basis; b) The use of the outdoor picnic tables adjacent to the Concession Facility and the available parking as existing at the Commencement of the Agreement on a non- exclusive basis to accommodate the Contractor's patrons and employees; c) The use of the storage room located adjacent to the kitchen entrance for storage purposes; d) The use of the restroom facilities for patrons and employees; and e) All utilities (electricity, water, garbage/sewage) used by the concession facility. In addition to the above provisions provided by the City; with Directors approval, the consent to implement the Optional Services in Section 1 may also be approved upon the written request of the Contractor. RFP577381, Concession Services for Grapeland Water Park 20 City of Miami, Florida RFP 577381 3. Requirements and Services to be Provided The Contractor shall bear all costs associated with all improvements to the Concession facility and all such improvements which are fixed to the premises shall become the property of the City at the termination of any agreement as a result of this Contract. A. Operation The Contractor shall: 1. Provide an operation that will be safe, customer -oriented, courteous, prompt, have efficient service, adequate to meet all reasonable customer demands; 2. Be in full operation to provide food and beverage service no later than sixty (60) days following the award date of the contract. Parks reserves the right to extend this time - frame if necessary; 3. Operate the Concession in accordance with the annual calendar established by Parks, which has been included as Attachment B (Annual Calendar of Operations Hours) ; and 4. Operate a high quality ancillary mobile food cart/kiosk, to provide food and beverage service to all Park patrons (take orders and deliver food to patrons) in designated areas. B. General Services The Contractor shall: 1. Provide an original menu, and menu pricing for Parks approval whereas changes in the menu and menu pricing require Park's prior written authorization (see Section C below for menu examples); 2. Provide and maintain credit/debit card services as a payment option for patrons of Grapeland; 3. Provide all furnishings, fixtures, equipment, soft goods, and ancillary mobile concession units/kiosks required to provide the services except those which the City specifically agrees to provide whereby all equipment and personal property used by the Contractor shall be of good quality and suitable for its purpose; 4. Utilize equipment (i.e., ancillary mobile food cart/kiosks, etc.) that is in excellent working condition whereby the appearance of all equipment shall be maintained at like -new appearance and cleaned or refreshed as needed; 5. Secure and provide security for the mobile concession unit/kiosks at Grapeland. The City will not accept any responsibility for the Contractor's fixtures, equipment, soft goods, mobile concession unit/kiosks, vending machines or supplies; 6. Keep and maintain the concession facility in a clean and neat condition, where maintenance shall be performed regularly. No alterations, changes or additions to the space shall be made by the Contractor without the prior written consent of Parks. All work shall be in compliance with applicable building codes, including, but not limited to the American with Disabilities Act (ADA), and performed by licensed and RFP577381, Concession Services for Grapeland Water Park 21 City of Miami, Florida RFP 577381 insured contractors; Janitorial services, interior and exterior maintenance and pest control shall be the sole responsibility and expense of the Contractor. The Contractor shall abide by the City's Integrated Pest Management guidelines for pest control; 7. Provide receptacles for recycling of aluminum cans and plastic bottles. The Contractor shall remove and properly recycle aluminum cans and plastic bottles generated as a result of the Contractor's Concession operations; 8. Provide for the removal and disposal of all garbage and trash on a daily basis originating from the concession operations and shall keep the immediate areas surrounding the Concession (within fifty (50) feet of food concession area) in a clean condition satisfactory to the City's Project Manager. Trash cans and dumpsters shall be emptied when filled to capacity; at no time should any trash can or dumpster have trash overflowing. Additionally, plastic bags with trash and garbage shall not be stored for any duration behind or around concession area; 9. Repair, at Contractors own cost, any City property damaged by Contractor's Concession operations; and 10. Only use licensed professionals to perform mechanical, maintenance or repair of the Contractor's equipment installed on City property. Note: Parks shall retain the right to provide services during special events and to schedule special events that may preclude the Contractor from operation during a given event. Any outside vendors used for after hour Parks events will use their own equipment, and will not allowed use of the Concession Facility. C. Food and Allowable Sundries The Contractor shall establish a quality food service Concession providing quality products, and a wide variety of food and beverages, to include healthy choices for breakfast (optional), and lunch service meeting the patrons' needs and suitable for the style of menu and prices approved by Parks. The Contractor shall also offer sundry items in keeping with the needs of the water park patrons, also subject to Parks approval. All items offered for sale shall be sold at prices, which are plainly displayed. Pricing shall be the same as, or better than those available in comparable concession facilities in the Greater Miami area. The following are examples of the food, beverage and sundry items that the Contractor shall offer for sale in the Concession during the term of the contract. These items are provided as examples only and should not be considered as limiting the type of items that may be subsequently offered or requested. Additionally, the Contractor shall provide items that accommodate dietary restrictions and offer healthy alternatives (e.g., gluten free options, fruit, yogurt, salads, granola bars, wheat products, vegetarian, etc.) upon request. RFP577331, Concession Services for Grapeland Water Park 22 City of Miami, Florida RFP 577381 A. Food and Beverage Hamburgers Hot Dogs Pizza French Fries Sandwiches Nachos and Cheese Popcorn Pastries Ice Cream Soft Drinks (fountain, can or bottle) B. Sundries Sunscreen Sun Block Suntan Lotion Sun Visors Hats Flip Flops Aspirin and over the counter medicines Towels (for sale or rental) Other related items with the approval of the Park's Director Note: Alcohol and tobacco products are restricted on the premises and are not allowed to be sold. D. Personnel The Contractor shall: a. Comply with Miami -Dade County Ordinance No. 08-07, Chapter 26 "Miami -Dade County Park and Recreation Department Rules and Regulations, Article Ili, The Shannon Melendi Act"; b. Pursuant to Section 509.039, Florida Statutes, employ a qualified full-time on -site certified professional food manager with experience in the management of a concession or similar type of operation. The manager shall be available during all business hours, and be delegated sufficient authority to ensure the competent performance and fulfillment of the responsibilities of the Contractor; c. Have adequate staffing at all times to provide good, prompt and efficient service to meet all reasonable demands; and d. Ensure that employees are distinctively uniformed or appropriately attired and displaying name tags so as to present a neat, clean and professional appearance at all times, and be distinguishable as the Contractor's employees or hired staff and not as employees of Parks. RFP577381, Concession Services for Grapeland Water Park 23 City of Miami, Florida RFP 577381 E. Compliance Requirements The Contractor shall: a. Comply with all applicable rules and regulations adopted by the City, County, and any and all laws, ordinances and/or rules and regulations of other governmental entities and/or authorities having lawful jurisdiction, which may be applicable to Contractor's operation of the Concession; b, Be responsible for obtaining all permits, licenses, and certifications required by federal, state and local laws and regulations for the performance of the services required herein; c. Adhere to the standards set forth by Florida Statutes and the Department of Health regarding food preparation and safety, and agrees to inspection by same at any reasonable time; d. Maintain all foodservice areas and equipment, at minimum, in a safe manner as outlined in the Food and Drug Administration Food Code, Chapter 64E-11, Florida Administrative Code, and in compliance with the Florida Department of Business & Professional Regulation; and e. Ensure all food is packaged, stored and transported in a manner to protect against potential contamination; including dust, insects, rodents, unclean equipment, utensils and unnecessary handling. RFP577381, Concession Services for Grapeland Water Park 24 City of Miami, Florida RFP 577381 EXHIBIT C Payment Schedule The Contractor warrants that it has reviewed the City's requirements and has asked such questions and conducted such other inquiries as the Contractor deemed necessary in order to determine the Minimum Annual Guarantee (MAG) and Percentage of the Monthly Gross Receipts. A. Minimum Annual Guarantee The Contractor, in consideration for the right to provide concession services shall pay a MAG for the use of the premises as provided herein, which shall be no less than $ 24,000, plus applicable State taxes as required by law, due in twelve equal monthly payments. The Contractor shall pay the City Two Thousand One Hundred dollars ($2,100) per month. (Insert written amount) (Insert number) The MAG Rent shall be received by the City from the Contractor on or before the first day of each month, as of the first date of operation of the Concession. The MAG shall be adjusted upward at the end of each Agreement Year, at a rate consistent with the latest Consumer Price Index (CPI). AND B. Percentage of Total Monthly Gross Receipts In addition to the MAG, the Contractor shall pay the City a Percentage of Monthly Gross Receipts from the sale of all goods and services provided at the Concession which is expected to be no less than 10%, payable within ten days following the end of each month during the term of the agreement. The Contractor shall also pay to the City a percentage (10 %) of total monthly gross receipts. (Insert number) Notes: 1) The MAG and Percentage of Total Monthly Gross Receipts stated shall be guaranteed. 2) Notwithstanding any proposed prices, as stated in Section 6 of this Solicitation, the City reserves the right to negotiate the final terms, conditions and pricing of the Lease Agreement as may be in the best interest of the City. RFP577381, Concession Services for Grapeland Water Park 25 City of Miami, Florida RFP 577381 EXHIBIT D INSURANCE REQUIREMENTS RFP577381, Concession Services for Grapeland Water Park 26 ACORtf CERTIFICATE OF LIABILITY INSURANCE , DATE IYYYY) 04/12//12/16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Trust Insurance 9360 Sunset Drive Suite 240 Miami, FL 33173 Phone (305) 270-2220 Fax (305) 270-2496 CONTACT Edna Sanchez NAME: jA"Ic°, No, Eztr (305) 270-2220 FAX No): (305) 270-2496 AIL ADDRESS' ednas@americantrustins,com INSURER(S) AFFORDING COVERAGE NAIG # INSURER A:: Scottsdale Insurance Company INSURED Ricky Arepas & Hot Dogs, Inc. 414 SW 22 Avenue Miami, FL 33135 (305) 710-3860 INSURER B : Infinity Insurance Company INSURER C : INSURER D :: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY V COMMERCIAL GENERAL LIABILITY ■ IIICLAIMS-MADE V OCCUR ■ 216-261 03/18/2016 03/18/2017 / / EACH OCCURRENCE $ 1,000,000.00 DMAGTO REED PREM SES (Ea occu ence) $ 100,000.00 MED EXP (Any one person $ 5,000.00 PERSONAL&ADVINJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS- COMP/OP AGG $' 1,000,000.00 GEN'LAGGREGATE LIMIT APPLIES PER: ■ POLICY ■. JEiaT ■ LOC /✓ $ B AUTOMOBILE LIABILITY ■ ANY AUTO AL OWNED SCHEDULED ■ AU�rGs ►� Auros 0 HIRED AUTOS C' NON -OWNED AUTOS ■ ■ S r\ 509-8000"1f9843tb 1 I' ti`�i i )i, \1 j _..- E t �� s,, � - 12/15/201/5, i / COMBINED SINGLE LIMIT (Ea accident) 500,000.00 BODILY I JURY (Per person) $ �'' 1215/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ ❑ UMBRELLA LIAB ❑ OCCUR ■ EXCESS LIAB ❑ CLAIMS -MADE - �yA /J(i . 1 j/ / EACH OCCURRENCE $ AGGREGATE $ ■ DED ■ RETENTION $/ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y IN N / A C 1 • TORY L T IS ■. W- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required). Mobile Food Vending Certificate holder is listed as additional insured with respect to the general liabililty and auto, this policy Is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Miami Risk Management Dept. 444 SW 2 Avenue,. MIAMI, FL. 33130 Fax: 305-416-2158 email: Iagarcia@miamigov,com ACORD 25 (2010/05) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Miami, Florida RFP 577381 EXHIBIT E CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) RFP577381, Concession Services for Grapeland Water Park 27 City of Miami, Florida RFP 577381 CORPORATE RESOLUTION (This Resolution needs to authorizethe signatory to sign) WHEREAS, RA UCL( Nerag 1`far) .l`lb frIdGi corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution Is attached; and WHEREAS, the Board of Directors at a duty held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to' enter Into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of A? I , 2016. . era 1 I0 DOCji r1i ("Provider„) An By: Print Name: (State) Corporation (sign) cabetrei sign) Print Name: i C-r RFP5773g1, Conoession Services for Grapoland Water Park •1rAy r LIZ A. CABRERA 1 • ,.,: MY COMMISSION # FF 236400 EXPIRES: June 2, 2019 Bonded Public Underwriters 18 Detail by Entity Name Page 1 of 2 FLORIDA,P :TM `T z DIVISION OF CORNIRAT.IONS Detail by Entity Name Florida Profit Corporation RICKY AREPAS AND HOT DOGS, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Principal Address 414 SW 22ND AVE MIAMI, FL 33135 Mailing Address 414 SW 22ND AVE MIAMI, FL 33135 Registered Agent Name & Address DE LA HOZ, RICARDO 414 SW 22ND AVE MIAMI, FL 33135 Name Changed: 05/11/2016 Officer/Director Detail Name & Address Title PD DE LA HOZ, RICARDO 414 SW 22ND AVE MIAMI, FL 33135 Title VP P05000002120 20-2114899 01/04/2005 FL ACTIVE REINSTATEMENT 05/11/2016 DE LA HOZ, MIRNA MIRANDA 414 SW 22ND AVE MIAMI, FL 33135 http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 5/13/2016 Detail by Entity Name Page 2 of 2 Annual Reports Report Year 2014 2015 2016 Document Images Filed Date 05/11/2016 05/11/2016 05/11/2016 05/11/2016 -- REINSTATEMENT 05/01/2010 -- ANNUAL REPORT 02/23/2009 -- ANNUAL REPORT 07/29/2008 -- ANNUAL REPORT 01/09/2007 -- ANNUAL REPORT 03/17/2006 -- ANNUAL REPORT 01/04/2005 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Coovriaht © and Privacy Policies State of Florida, Department of State http ://search. sunbiz, org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 5/ 13/2016