HomeMy WebLinkAboutR-77-0936R ESOL,UTION NO,
A RES(DLUTION AIi'1'IIORIZINC; •1'II1': CITY MANAGER TO
EXECUTE 'F111: A'1'lA(:III:I) AC;RE1•:i\1EN 1 \V1'1'll CATHY
INGIZAIIAM W11I"I~1•: 1'0IZ O1'1•:I:A 1'ION ()I' 1'llE IF'OOU AND 1
(:ON(•VSSION A'l EI)IS()N I'ARE 1:ORZ THE
I)El'Al: l'h9ENT Ot: I'AItKS AND I: EC: I: L:A'I• C)N 1:()1( A
l'EI:10D O1.' 4 YEARS 1'lil:Sl. AN l' '1'O TI.111•: TERMS AND
CONDITIONS IONS SET I OIZ I'I I THEREIN.
WIIERFAS, pursuant to public notice, sealed bids were
reC ived SepteMber 21, 1977 fur proposals to operate the Food and
Re.verage Concession at certain City Parks, including Edison Park; and
\vlll•:R1•:AS, invitations were nailed to l potential con-
cessionaires and nu bids were received for the operation of the Food
and Beverage Concession at Edison Park; and
1b'1IEi EAS, the City Manager and the Department of Parks
and Recreation now recommend that an agreement between Cathy Ingraham
White and the City is in the best interest of the City;
NOW, 'I'llER FOl:E, BE IT RESOLVED 1;Y THE CON'IMISSION
OF Tl-IE CITY OF M IAMI, FLORIDA.
Section 1. The City Manager is hereby authorized to execute
the attached agreenic•nt with Cathy Ingraham White to operate the Food and
Reveragc Concession at Edison Park fur a term of 4 years, pursuant to the
tennis and conditions set forth therein.
PASSED AND A D I:O I''l' El) this 15TH day of DEC EMBER
1977.
"SUPPORTIVE
DOCUM;EN ► S
FOLLOW"
ATTEST:
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"DOCUMENT INDEX
ITEM ITEM NO.
MAURICE A. FERRE
MAURICE A. 1'ERRI':, M A Y OR
A1'Z1VE1) AS '1'0 FORM ANI) CORRECTNESS:
CII,:OIZ(;ENOX, .IIZ,
CITY A IORRNl•:Y
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1
Joseph R. Grassie
City Manager
lbert H. Howard, Director
Department of Parks and Recreation
t
December 2, 1977
Food and Beverage
Concession at Edison Park
Back in July of this year, 131 invitations were mailed to
potential bidders for concession rights in nine City parks,
The only bid received at that time was for the operation
of the food and beverage concession at Shenandoah Park.
A Mrs. Cathy Ingraham White is now interested in the
concession at Edison Park, on the identical terms that
Larry Gonzalez accepted the Shenandoah Park bid. As
this is in the best interest of the City, the Department
of Parks and Recreation recommends that she be given
the opportunity to operate the Edison concession.
Enclosed, for placement on the Commission agenda, is
a Resolution and !\ reement for the lease of the Food and
Beverage Concession at Edison Park. The agreement is
for a period of four years with an option for a one year
extension if desired by both the City and the concession-
aire. It allows for a return to the City of fifteen (15%)
percent of gross receipts, payable monthly.
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AGREEMENT
TIIIS AGREEMENT entered into as of the
day of
, 197 , by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, (hereinafter called the "CITY").
and MRS. CATHY INGRAHAM WHITE, (hereinafter called the "CONCESSIONAII:E"
WITNESSETH
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:
I. THE CITY AGREES
1. That the Concessionaire shall have the concession rights
at Edison 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
II. 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, milk, 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 Parks, City of Miami.
2. The areas designated by the City Manager as the location
of any and all concessions shall be within said park, Edison Park.
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D (: t.iME= N T S
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3. The CONCESSIONAIRE will equip and maintain concession stands
at the CONCESSIONAIRE'S own expense, including new paint, new formica
Counters, ;.nd 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. All improvements or
construction made by the CONCESSIONAIRE shall become the property
of the City of iiami at the termination of this Agreement.
4. That all employees must be of 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 he kept
in a clean, 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%) of the gross receipts received by the
CONCESSIONAIRE under the terms of this Agreement, excluding remitt-
ances paid to the State of Florida for sales tax.
8. 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.
ThaL i public liability insurance oolic7 in the Amount
of ;300.000 ;,er occurrence. incl 1dln:, Ei_)i)d ')rode is And
oroperty o $5. 000 oer .:)Cciii're,ll'(' , . h'a t I ,)t' carried ;): the
(,Oaf.,i:.- IONA i.T. and the City of i' l.ii::ii shall be a named insured tbcretn
in order ':it protect the CITY from ;3l1 claims.
Li). The CO;ICESSIONAIRE arees to indemnify save harmless and
defend rho CIT a ;ain- : any and all claims, suits and :actions for
da;na.;es. arising durin:; the term of this Agreement, for anv personal
injury, loss of bite, damage to property or any other injury of any
nature whatsoever sustained by any person, firm or corporation by
reason oL or as a result of the CONCESSION.IIRE'S (its a.•ents, emplo-
yees or workmen) carelessness or neligence; from and against any
orders. jud :tints or decrees, which may be entered thereon; and from
and a;ainst all costs, attorneys fees, e::penses 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 4reement sub -lease or assign any part or portion of
the concession rights except under and by virtue of permission
:;ranted by the City Commission.
19. That the CONCESSIONAIRE shall maintain adequate records
showing purchases, receipts and expenditures, and upon demand make
available books of accountiv and financial statements to authorized
representatives of the Department of Finance of the City of :1iami.
The accounts and records of the CO:CESSIONAIRE appertaining to this
A:;reer.3ent 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.
1.3. 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.
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III. 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 reulations concerning, the sellin of any and :iil commodities
hureinabove referred to :at Edison park, and the CONCESSIONAIRE will
abide by all rules and reulations thereof.
That the City of Miami, through its proper officials, in
writing, may extend this Agreement for an additional year upon the
request of the CONCESSIONAIRE, after evaluating the operation and
concluding the operation has been satisfactory.
3. The CITY may terminate this Agreement upon thirty (30)
days notice to the CONCESSIONAIRE in the event the CONCESSIONAIRE
fails to comply with each and every term and condition of this
Agreement, or fails to perform any of the terms and conditions
contained herein.
IN WITNESS THEREOF, the parties hereto have caused their names
to be sined and their seals to be affixed, all as of the day and
year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
CITY OF MINI, FLORIDA, a
municipal corporation of the State
of Florida
By
CITY MANAGER
AS TO THE CITY ATTEST:
AS TO THE LESSEE
PREPARED AND APPROVED BY:
JUDITII E . IHOLLANI)ER
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORI1 AND CORRECTNL
GLORGE F. KNOX JR. , CITY ATTORNEY
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