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Home My WebLink AboutR-77-0840RFC/rb 10/12/77 RESOLUTION NO. 77-840 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH LARRY GONZALEZ FOR OPERATION OF THE FOOD AND BEVERAGE CONCESSION AT SHENANDOAH PARK FOR THE DEPARTMENT OF PARKS AND RECREATION FOR A PERIOD OF 4 YEARS PURSUANT TO THE TERMS AND CONDITIONS SET FORTH THEREIN. WHEREAS, pursuant to public notice, sealed bids were received September 21, 1977 for proposals to operate the Food and Beverage Concession at certain City Parks; and WHEREAS, invitations were mailed to 131 potential concessionaires and one bid was received for the operation of 'the Food and Beverage Concession at Shenandoah Park; and WHEREAS, the City Manager and the Department of Parks and Recreation recommend that the bid received from LARRY GONZALEZ be accepted, as it is the most advantageous bid to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. Section 1. The City Manager is hereby authorized to execute the attached agreement with LARRY GONZALEZ to operate the Food and Beverage Concession at Shenandoah Park for a term of 4 years, pur- suant to the terms and conditions set forth therein. PASSED AND ADOPTED this 26 1977. RALPH G. ONGIE, CITY CLERK day of OCTOBER I`i.77, "DOCUMrNT r ITEM N , ,c..„,.;/J MAURICE A. 1;E RRE , MAYOR MENT APP TED AS TO F LQ1MRIZECTNESS: RED AND APPROVED BY: ROBERT F. CLERK ASSISTANT CITY ATTORNEY G '0RGE CITY a 5 7 I - . KNOX, JR. I'O RNEY CITY COhiMISlvf't MEETING OF OCT? r 1.977 RES:LU:IOH h6_ 7/7 REMAhKS:....., 40 • } ,• 13 Joseph R. Grassie City Manager GoLz'i r/jer Albert H. Howard, Director Department of Parks and Recreation October 5, 1977 Food and Beverage Concession at Shenandoah Park Enclosed, for placement on the Commission agenda, is a Resolution and Agreement for the lease of the Food and Beverage Concession at Shenandoah Park. This was the only bid received on the solicitation for concess ion rights at Curtis, .Dixie, Edison, Lummus, Manor, Moore, Robert King High, Roberto Clemente, and Shenandoah Park. One hundred and thirty-one invitations were mailed. The Agreement is for a period of four (4) years with an option for a one year extension if desired by both the City and the Concessionaire. It allows for a return to the City of fifteen (15`:0) percent of gross receipts, payable monthly. AHH!STP!dw encl. cc: Law Department "SUPPORTIVE DOCUMENTS FOLLOW" lb AGREEMENT TIIIS AGREEMENT entered into as of the day of , 1977, by and between The City of Miami, a municipal Corporation of the State of Florida, hereinafter called the. "City", and Mr. Larry Gonzalez, hereinafter called the "Concessionaire". WITNESSETII WHEREAS, 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, THEREFORE, 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: THE CONCESSIONAIRE AGREES: 1. That the word "concession" shall mean and include only the sale of peanuts, popcorn, potato chips, candies, chewing gum, cigars, cigarettes, cookies, crackers, cakes, ice cream, yogurt, soft drinks, hot dogs, hamburgers, coffee, mill:, fruit juices, fresh fruit, hot chocolate, sandwiches, various types of pies, and swimming supplies (sun glasses, swimming tubes, goggles, etc. ). All other items are excluded unless and until approved in writing by the Director of the Department of Parks, City of Miami. (A) All items not hereinabove set forth are excluded unless approved in writing by the Director of Parks of the City of Miarni. z, The areas designated as the location of any and all con- ce,5sians shall be within said Park, Shenandoah Park. 1- t E'Sr !P PC R T I t(E . All improver/lents c)r c i-,n made by the C'once si:Jnaire shall become the property :of the City of N.liatni at the termination of this Agreement. "the Concessionaire wilt equip and maintain concession stands at the Concessionaire's own expense, including new paint, new forrnica counters, and all other improvements necessary to make the facility sanitary and attractive, and the City shall not be called upon to make further improvements or additions thereto. 4. 'That all employees must be "Jr good moral character, neat and clean in appearance, and be able to mix with and be courteous to the public. 5. That area allotted to the Concessionaire shall be kept in a clean, sanitary and presentable condition, free from all trash, rubbish and garbage. The removal of all trash, rubbish, garbage and objectionable matter which is in excess of norrnal 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%) 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. 8. The consideration that the City will receive as provided in paragraph 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. '1 hat 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 by the Concessionaire and the City of Miami shall be a named insured therein in order to protect the City from all claims, 10. That the Concessionaire shall not at any time during the tenure of this Agreement sub -lease or assign any part or portion of the concession rights except under and by virtue of permission granted by the City Commission. 11. 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. 12. 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. THE CITY AGREES: 1. That the Concessionaire shall have the concession rights at Shenandoah Park for a period of four (4) years commencing and ending . 2. The City will provide the necessary electric and water services to the Concessionaire during the tenure of this Agreement. IT IS MUTUALLY AGREED: 1. That the City of Miami, through its proper officials, reserves .the right and authority to prescribe any additional rules and regulations concerning the selling of any and all commodities hereinabove referred to at Shenandoah Park, and the Concessionaire will abide by all rules and regulations thereof. 2. That the City of Miami, through its proper officials, in writing, nmay extend this Agreement for an additional year upon the request of the Concessionaire, after evaluating the operation and concluding the operation has been satisfactory. 7,: v t frvn - 3 - IN WITNESS TTIEREOF , the parties hereto have caused their baines to be signed and their seals to be affixed, all as of the clay and year first .above written. Signed, sealed and CITY OF MIAMI, FLORIDA, delivered in the presence a municipal. corporation of of: the State of Florida As to the City As to the Lessee APPROVED AS TO CONTENT BY: (SEAL) Attest City Alanagcr City Clerk By (SEAL) Attest APPROVED AS TO FORM AND CORRECTNESS George F. Knox, Jr. ,City Attorney