Reso 2012-1844 - Laserfiche WebLink

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8.09 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees to maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the concessionaire area, including, without limitation, any personal property of the Contractor situated in or upon the subject area. Additionally, the Contractor shall promptly notify the City of any damage to the concessionaire area resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly repair all such damage. Any damage resulting from the negligent acts or omissions of the Contractor or its employees shall be repaired at Contractor's sole cost and expense. 8.10 SECURITY BACKGROUND CHECK: A security background check will be required for any employee of the Contractor performing services under this Agreement. At the Contractor's sole cost and expense, the Contractor and their employees who perform services under this Agreement shall be required to have a Florida Department of Law Enforcement ( "FDLE ") Florida Crime Information Center/National Crime Information Center ( "FCIC/NCIC ") background/criminal records check. The City shall have full discretion to require the Contractor to disqualify, prevent, or remove any employee due to failure to meet this security background check requirement. The Contractor shall provide sufficient proof to the City that they have performed the above mentioned background/criminal records check prior to performing services under this Agreement. The Contractor shall ensure that only their properly designated employees listed with the City Manager or his designee be permitted to provide services under this Agreement. 8.11 FOOD HANDLING GUIDELINES. The Contractor shall comply with Miami Dade County's minimum operating standards for foodservice, as more particularly set forth in the attached Attachment `B ". 8.12 DAMAGE TO CITY PROPERTY OR SAMSON OCEANFRONT PARK AREA. If any City owned property, or any portion of the Samson Oceanfront Park area, is damaged by the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its agents or other personnel entity acting under Contractor's control in connection with the Contractor's performance of services under this Agreement, Contractor shall, at its sole cost and expense, restore the City owned property or Samson Oceanfront Park area to a condition equivalent to or better than their condition immediately prior to such damage. 9. OBLIGATIONS OF CITY - UTILITIES: The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, light and power supplied to Contractor to operate its concessionaire site at Samson Oceanfront Park. However, the suspension or interruption in utility services to the concessionaire site for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payments due to the City. Additionally, the Contractor's utility needs at the concessionaire site shall not cause power outages and/or interruptions or otherwise exceed the City's existing power services at Samson Oceanfront Park. C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 5 of I 1