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Home My WebLink AboutR-78-0286RESOLUTION NO. S r` A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH CHHARLES LEitOY LEWIS, FOR OPERATION OF THE FOOD AND BEVERAGE CONCESSION AT MANOR PARKC FOIL TILE DEPARTMENT OF PARKS ANI) RECitEATION FOR A PERIOD OF 4 YEARS PURSUANT TO Ti1E TERMS ANI) CONDITIONS SET FORTH THEREIN. WHEREAS, pursuant to pnhlte notice, sealed !rids were reeei verl September 21 , 1977 for proposals to operate the Food and l'evorarre r'oncession at certain City Parks, inelnding Edison Park; and WHEREAS, invitations were mailed to 131 potential con— cessionaires and no 1;i ds were received For the operation or the Food and !:everngc concession at Manor Park; and WHEREAS, the City 'innager and the Department of Parks and Recreation now recommend that an agreement between Charles Leroy Lewis and the city is in the hest interest or the City; NOW, THEREFORE, BE IT RESOLVED HY THE COMMISSION OF T1IE CITY OF MIAMI, FLORIDA. Section 1. The r'i tv '!onager is hereby authorized to exec'rte the attached agreement with Charles Leroy Lewis to operate the Food and : evernge concession at Manor Park for a term of 4 years, pursuant to the terms and conditions set forth therein. 1978. PASSED AND ADOPTED THIS "SUPPORTIVE DOCUMENTS FOLLOW" ALPII G. ONGTE, CITY CL 1"li:l'1::l:ir :1%11 ,\PP;OV1:1► lil': ROBEIIT P. CLAitK ASSISTANT CITY ATTORNEY 27 day of APRIL MAURICE A. FERRE MAURICE A. 1'ElfRE, MAYOR "DOCUMENT INDEX ITEM NO. c APPROVED AS TO FORM AND CORRECTNESS; GE011. CITY 3-' F. KNOX, JR T01tNEY COMMISSION MEETING OF APR .a (1978 r4 n ammo 4 JOSS ph 11. Graf; i.e City Malinger 1'71 ._.i Mi 31 ttl etarlt1i 29, 10/`4 Food and i,ei•er;i:re ('.oneession at; Manor Park f%h�/ • Albert 11 . 1loivar4, 1)1 rent or Department or Paris and 'teereat ion in 'I'►l': or 1077 1' 1 invitations Were mailed to potential ;iid<lers Cor eon'ession riLhtS in nine City parks. The only hid received at that time Was ('or the operation of the foori ;ind beverage non - cession at Shenandoah Park. On December 21, 1977, a Mrs. Cathy Ingraham White entered into an agreement with the City for the concession rights at ::di son Park. A Mr. Charles Leroy is now interested in operating the concession at 'liner Park on the i dent i ea l t eras as Shenandoah and .'di ,;on . .\s this is in the hest interest or the City, the Department or Parks and `t er is t i on recommetitls that he he given the opportunity to operate the Manor 1'ark concession. '.nelosed, For placement on the Commission Agenda, is a eo' v nC the !?ero i't 1 ion and Agreement For tite lease or the food and leverage t'oneessi.on at Manor Park. The .\greeiment is i'or a period of Four years with :in option for a one year extension if desired by both the ('i1'.• aind ,'oneessionai.re. 1 t allows for ;r return of t'i fieen (1 ;'-) percent of gross receipts, payable monthly. .\ copy or this mertorandrrm and the originail of the !resolution and Agreement have ('een Forwarded to the 1.:i1•, ')%;nalrtinent for their review. �..T r7 ` r, � i 1l P ..; , 1' i 'i 1 i iV 78 A(11: \i1:N'C THIS AGREEMENT entered into as of the day of 1978, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called the "CITY"), zinc' NM, CI-IARLES LEROY LEWIS, (hereinafter called the "CONCESSIONAIRE"), WITNESSETH WIIEREAS, the Commission of the City of Miami authorized this Concession Agreement by the adoption of Resolution No. a copy of said resolution is made a part hereof as though set forth in full herein: NOW, TIIEREFORE, in consideration of the premises and other mutual covenants and conditions hereinafter contained to be observed and performed by the parties hereto and other valuable considerations, the parties hereto do bind themselves and agree as follows: I. THE CITY AGREES 1. That the Concessionaire shall have the concession rights at Manor Park for a period of four (4) years commencing and ending 2. The CITY will provide the necessary electric and water services to j� the CONCESSIONAIRE during the tenure of this Agreement. „SUPPQRTIti'� II. THE CONCESSIONAIRE AGREES: DOCUMENTS QW" 1. That the word "concession" shall mean and include only the sa Q�.eLof peanuts, popcorn, potato) chips, candied, chewing gurn, cigars, cigarettes, cookies, crackers, cakes, ice cream, yogurt, soft drinks, hot dogs, hamburgers, coffee, milk, fruit: juices, fresh fruit, hot chocolate, sandwiches, various types of pies, and swimming supplies (sun glasses, swimming tubes, goggles, etc, ), A11 other items are excluded unless and until approved in writtini by the Director of Parks, City of Miami, 2, The, areas designated by the City Manager as the location of any and all concessions shall be within said pare',, Manor Pane, 3. The CONCESSIONAIRE will equip and n ; intain concession f inns at the CONCESSIONAIRE'S own expense, including new paint, new formica counters, and all other improvements necessary to ,mice the facility sanitary and attractive, and the CITY shall not be called upon to make further improvements or additions thereto.All improvements or constrt_. - tion tirade by the CONCESSIONAIRE shall become the property of the City Ntian i at the termination of this Agreement, 4. That all employees must be of ;2,00d moral character, neat and ci: :i in appearance, and be able to mix ‘vith and be courteous to the public. 5. That area allotted to the CONCESSIONAIRE shall be kept in a clear, sanitary and presentable condition, free from all trash, rubbish and garbage. The removal of trash, rubbish, garbage and objectionable matter which is in excess of normal refuse collection service provided by the CITY to the commercial operations shall be moved at the expense of the CONCESSIONAIRE. 6. All soft drinks sold must be served in paper cups. 7. That the consideration to be paid under this Agreement shall be fifteen per cent (15°0) of the gross receipts received by the CONCESSIONAIRE under the terms of this Agreement, excluding remittances paid to the State of Florida for sales tax. S. The consideration that the CITY will receive as provided in paragraph seven (7) of this Agreement shall be computed and paid monthly to the Department of Finance, City of Miami, City Hall, Dinner Key, Florida; the CONCESSIONAIRE shall file on or before the 15th day of each month a statement of the revenue earned by virtue of this Agreement during; the preceding month and shall submit together with the monthly statement, payment of amounts then due the City of Miami. 9, 'l'hrit a public liability insurance policy in the amount of $300, 000 per occurrence, including food products liability, and property damage of $5, 000 per occurrence, shall be carried l.' they CONCESSIONAIRE and the City of Miami shall be a named insured therein in order to protect the CITY from all claims, -2- 1O The CONCESSIONAIRE auroes to indemnify :gave harmless ._inci defend the CITY against any and all claims, suits and actions for rlatnages, arising, during the term of this Agreement, for any personal injury, loss of life, damage to property or any other injury of any nature whatsoever sus- tained by any person, firth or corporation by reason of or as a result of the CONCESSIONAIRE'S (its agents, employees or workmen) carelessness or negligence; from and against any orders, judgements or decrees, which may be entered thereon; and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 11. That the CONCESSIONAIRE shall not at any time during the tenure of this Agree m nt sub -lease or assign any part or portion of the concession rights except under and by virtue of permission granted by the City Comrniission. 12. That the CONCESSIONAIRE shall maintain adequate records showing, purchases, receipts and expenditures, and upon demand make available books of accounting and financial statements to authorized representatives of the Department of Finance of the City of Miami. The accounts and records of the CONCESSIONAIRE appertaining to this Agreement shall be maintained within the City, and shall be open at all reasonable times for inspection by the duly authorized representative of the Department of Finance. The CONCESSIONAIRE shall furnish such other statements and reports as the Director of Finance may reasonably require. 13. The CONCESSIONAIRE shall obtain and pay for all necessary licenses and make payment of all necessary taxes required for the operation of the business facilities provided for in this Agreement. "SUPPORTIVE ran1r "r�, F. I- -. tt.fi..1 _-'•i ti__1`4 I J III.. IT IS MUTUALLY AGREED: .,--,, , ,.-.c, trf ti 1. That the City of Nliatri, through its proper officials, reserves the right and authority to prescribe any additional rules and regulations concerning the selling of ;.tny and all commodities hereinabove referred to at Manor Park, and the CONCESSIONAIRE will abide by all rules and regulations thereof, in writin, ma.' the requel;t of Lhe. and concludin -1 2. The C:77 days netice to 171. 7: tails to comply Agreement, or contained hereir. IN WITnESS names to be signc dav and first abo..t7 ATTEST: CITY CLERK 1.71.TNESS PREPARED AND APPROVED BY 1 •QAAI TERRY V. PERCY ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNI_65? — / 4 — • -hi-1— (3r.)) CITY '...IA:•;AGER • • • CONCESSIONAIRE