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HomeMy WebLinkAboutReso 2010-1619 RESOLUTION NO. 2010 - ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING RFP NO. 10-08-03 TO AND ENTERING INTO AN AGREEMENT WITH SUGARS DROP SHOP FOR CONCESSIONAIRE SERVICES FOR THE SKATEBAORD PARK LOCA TED AT TOWN CENTER PARK, IN SUBST ANTIALL Y THE SAME FORM AS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has long desired to have a skateboard park for the enjoyment and safety of our youth; and WHEREAS, the City is now in need of a Concessionaire to operate and manage the Skateboard Park, and issued and advertised Request for Proposals (RFP) No. 10-08-03, for Concessionaire Services for the Skateboard Park at Town Center Park, for which one (1) response was received; and WHEREAS, staff has determined that the bid response from Sugars Drop Shop, is the lowest responsive responsible bid, based on a careful review of the line items and consideration for the Contractor's reputation; and WHEREAS, the City wishes to award RFP No. 10-08-03 to and enter into an agreement with Sugars Drop Shop to provide concessionaire services for the Skateboard Park at Town Center Park, in an amount to be paid to the City of Four Hundred Fifty Dollars ($450) per month, in substantially the same form as attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2.. Award of Bid and Approval of Agreement. The City Commission hereby awards RFP No. 10-08-03 to and enters into an agreement with Sugars Drop Shop, attached hereto as Exhibit "A". Section 3. Authorization of May or. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. R201O- Concessionaire Srvs Skateboard Park Agmt (RFP 10-08-03) Page I of2 PASSED AND ADOPTED this 14th day of October 2010. , , , . . ATTEST: ' , ~-A~ Jane A. Hines, CMC, City Clerk .. :: .,.'~ A APPROVED AS TO FORM ANDLE LS F NCY: Vote: t)-t> Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl --LL- (Yes) -t.L- (Yes) -1L(Yes) V(Yes) --1L(Yes) R2010- Concessionaire Srvs Skateboard Park Agmt (RFP 10-08-03) Moved by: Ll~ ~HbLL Seconded by: \( \ u.. VV\~ -r \4AL<Ue. _(No) _(No) _(No) _(No) _(No) Page 2 of2 ~ CITY OF SUNNY ISLES BEACH AGREEMENT WITH SUGARS DROP SHOP FOR CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK AT TOWN CENTER PARK CONTRACT NO. CIOII-002 THIS CONTRACTOR AGREEl\1ENT made and entered into this _ day of 2010 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and Sugars Drop Shop, a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Contractor"). WHEREAS, the City wishes to employ Contractor to operate concessionaire services for the skateboard park located at Town Center Park pursuant to the specifications outlined in RFP No. 10-08-03; and WHEREAS, the Contractor was selected by the City as the most qualified Proposer in response to RFP No. 10-08-03; and WHEREAS, the Contractor is qualified, willing and able to provide the desired services on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 1 I I I 2. SERVICES TO BE PERFORl\1ED. Contractor shall perform the required services in compliance with the terms and conditions specified in RFP No. 10-08-03, which are incorporated herein. The particular services to be performed by Contractor shall include 1) ensure the availability of skateboards and skateboard equipment, including all safety equipment such as knee pads, elbow pads and helmets for rental at the skateboard park; 2) ensure the availability of concession foods and beverages such as soda, water, pre-packaged food, snack foods, and ice cream; 3) maintain and operate the food concession area in a professional manner to all park patrons; and 4) ensure that all skateboard users sign City approved liability waivers and follow safety guidelines, including but not limited to helmet use. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to property and persons to the skateboard park or concession stand area located at Town Center Park. ~ I 3. P A Yl\1ENTS TO THE CITY. Contractor agrees to pay the City a flat rate of $450.00 (four hundred and fifty dollars) per month in addition to a 20% (twenty percent) of all gross earnings generated from Contractor organized camps at Town Center Park. Finally, the Contractor shall be required to obtain a special event permit, and pay all applicable special event permit fees, for any special event that is held outside of the regular skateboard park operations at Town Center Park. The special event permit fees may be waived by the City Manager or his designee for special events that are to benefit a non-profit organization. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City shall be sent to the City no later than the tenth (10th) day of each month. Payments received from the tenth (10th) of each month to the twenty fifth (25th) of each month shall be considered delinquent and shall be assessed a ten percent (10%) penalty. Payments received after the twenty fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment due date shall be sufficient cause for the City to terminate this Agreement. 4. SECURITY DEPOSIT. Contractor shall deposit and maintain with City upon the Effective Date of this agreement a sum equivalent to one (1) month of the flat rate payment of $450.00. The Contractor shall be required to pay this $450.00 security deposit, together with the first month's flat rate payment of $450.00, for a total initial payment of $900.00 (nine hundred dollars) to the City at least seven (7) calendar days prior to the skateboard park being opened to the public. The Security Deposit shall be'held by City and may be applied against any unpaid fees, rates, charges or any other amount due and owing to City under this Agreement. If City makes such deduction, Contractor shall restore the Security Deposit to the full amount required by City within thirty (30) days of a written demand by City Manager or his designee. A failure by Contractor to do so shall constitute a default pursuant to this Agreement Any amounts remaining from the Security Deposit (after deductions for delinquent or unpaid fees, costs or charges as specified above) at the expiration or earlier termination of this Agreement shall be returned to Contractor after a determination by the City Manager or his designee that all amounts owed to City under this Agreement have either been paid in full or have been deducted from the Security Deposit. 5. TERM. This Agreement shall be for a term of one year, beginning on the execution of this agreement and ending one year after the date the skateboard park is open to the public, unless terminated sooner pursuant to paragraph 13 of this Agreement. Payments to the City shall not begin to accrue until the skateboard park is open to the public. This term may be extended for an additional one year term at the sole option of the City. Any change in fee, terms or conditions shall be accomplished by written amendment to this Agreement and approval by the City. 6. NO SUBLEASE. Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written consent and approval by the City. 7. RECORDS AND ACCOUNTS. Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. The City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of Florida sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit to the City Manager or his designee within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 8. CONDITION OF PREMISES. The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgment that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor shall not construct or modify said premises without the prior written approval by the City Manager or his designee. Any plans for such construction, if applicable, shall be submitted to the City for approval. Such construction or modification shall be without cost to the City. 9. SIGNS. All signs, names or placards shall be approved by the City Manager or his designee prior to installation. All signs must meet all requirements and specifications as set forth by the City. 10. DAMAGE TO/DESTRUCTION OF PREMISES: Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if (a) the subject premises or the building improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half (112) of the full insured value of the building and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor within fifteen (15) days after City determines the period of time required for and the estimated cost of such repair or restoration. Any damage caused by the Contractor's operations shall be promptly and properly repaired at the Contractor's expense 11. OBLIGATIONS OF CONTRACTOR 11.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, at Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. Contractor shall maintain and operate the food concession area in a professional manner to all park patrons and shall maintain the skateboard park area in a clean and inviting manner. 11.02 HOURS OF OPERATION: Contractor agrees to perform the services as set forth in this Agreement within the hours of operation established by the City Manager or his designee. 11.03 PERMITS: Contractor is required to provide City, prior to commencement of operation of the concessions, a copy of all licenses and/or certificates necessary to operate its business in the City. 11.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by any government entity. 11.05 EQUIPl\1ENT: Contractor, at their own expense, shall completely equip the concession and keep all rental equipment in good repair and in safe operating condition to the satisfaction of the City throughout the term of this Agreement. Contractor shall ensure the availability of skateboards and skateboard equipment for rental at the skateboard park. Daily inspections of the contractor's equipment must be maintained and available for review upon request of the City Manager or his designee. Request to use the Skateboard Park's equipment or facility after hours or for special events must be made in writing to the City Manager or his designee. 11.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The City has the right to inspect and schedule the prices and rates of goods sold, entrance fees, and equipment rental prices upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. The Contractor is prohibited from selling alcohol on the premises. 11.07 TOOLS AND INSTRUl\1ENT ALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this Agreement. - 11.08 INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor, including its employees, is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 11.09 INDEMNIFICATION. Contractor agrees to indemnify, defend and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personnel entity acting under Contractor's control in connection with the Contractor's performance of services under this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11.10 INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub- Contractors or employees, as indicated below: · Comprehensive General Liability ("CGL") insurance, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, and Two Million Dollars ($2,000,000) aggregate. . Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. . Professional Liability/Error's and Omission's insurance covering any damages caused by an error, omission or any negligent acts of Contractor, its sub-contractors, agents, officers, or employees under this Agreement with minimum limits of not less than One Million Dollars ($1,000,000) per occurrence. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub- Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREl\1ENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 11.11 CONTRACTOR'S MAINTENANCE: Except as otherwise provided III this Agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, any personal property of the Contractor situated in or upon the subject premIses. b. To notify the City promptly of any damage to the subject premises resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to 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. 11.12 CONTRACTOR'S RESPONSIBILITY TO COLLECT LIABILITY WAIVERS: The Contractor shall be required to maintain the peace and order of the skateboard park area and shall ensure that all skateboard users sign City approved liability waivers and follow safety guidelines, including but not limited to helmet use. Contractor shall distribute and collect liability waivers for all users of the skateboard park. Contractor shall not permit any skateboard user from using the skateboard park who hasn't signed a liability waiver. Contractor shall be required to submit the signed liability waivers to the City at the end of each month. 11.13 ADHERENCE TO LIGHTNING PREDICTION SYSTEM Contractor shall agree to adhere to the City's lightning prediction system installed at Town Center Park. Contractor agrees that in the event the lightning prediction system is activated, the Contractor shall cooperate with the City in temporarily closing down the skateboard park and not resuming services until the lightning advisory is lifted. 12. OBLIGATIONS OF CITY 12.01 UTILITIES: The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, light and power supplied to the subject premises. The suspension or interruption in utility service to the leased premises 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 payment due to the City. 13. TERMINATION. a. Termination for Default. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor[sD shall be delivered to the City and the Contractor shall compensate the City in accordance with Section 3 of this Agreement. 11. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor. 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: 1. Stop work on the date and to the extent specified; 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; 3. Transfer all work in process, completed work and other materials related to the terminated work to the City; 4. Continue and complete all parts of that work that have not been terminated; and 5. Vacate the premises within 7 (seven) calendar days. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed provided that the Contractor is given thirty (30) days notice. In such an event, the provisions of subparagraph (a)i.-iii. above shall be applicable. c. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 14. OWNERSHIP OF DOCUl\1ENTS AND EQUIPl\1ENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Contractor and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Contractor shall comply with the proVISIOns of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 15. ASSIGNl\1ENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 16. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 17. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Susan Simpson, Cultural and Human Services Director, whose phone number is (305) 792-1706. Contractor shall not respond to requests for services under this Agreement unless the request is received directly from Susan Simpson, or her designated personnel. Any requests received from other City departments/divisions shall be referred to Susan Simpson first for approval or if Susan Simpson is unavailable, then to the City Manager, Rick Conner for approval prior to the commencement of any work. Services performed without authorization by Susan Simpson, or by the City Manager, Rick Conner, shall be considered unauthorized and shall not be compensated/paid by the City. 18. TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any obligation required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 19. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 20. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 21. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to City Manager, Rick Conner, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if intended for Contractor, shall be addressed to, et:,Jf; ll?t.u-<Z-, Sutt~ ~t> S~, los: C;<ZA-rJb.Av&JuE-foULa~6. fL ~";I ~ oz... 22. GOVERNING LAW. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 23. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 24. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 25. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 26. ENTIRE AGREEl\1ENT. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms in any other documents, including any attachments hereto. 27. Al\1ENDl\1ENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 28. MISCELLANEOUS. a. Contractor and its employees shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. b. Contractor shall obtain and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits and other authorizations, as well as insurance coverage, as required by law in order for Contractor to render the Service required hereunder. c. Except as expressly provided for in this Agreement, Contractor is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Contractor's relations with sub-Contractors, or in any other manner whatsoever. [Remainder of page intentionally left blank.] COMPANY BY:--& {- Name & Title Ov-.NQ,( WITNESSES: Print Name I.., 'at ~ \ ATTEST: ;.. ~ -' .~'" ~. , . rBYZ.\ I ~~ (fr:~ Jqne A. Hines, CMC, City Clerk ~I l /' CITY OF SUNNY ISLES BEACH , , ,. , . 'I ( r, BY: 7 man S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL FI IENCY '0 , ., . . 't . . . - II ... .- , . ') J . . DATE (MM/DDNY) 11/1/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FOR SERVICE CAll: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. FRANCIS l. DEAN & ASSOCIATES, INC. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1776 S. NAPERVlllE RD., BLDG. B COVERAGE AFFORDED BY THE POUCIES BELOW. P.O. BOX 4200 COMPANIES AFFORDING COVERAGE WHEATON,ll60189 (800) 745-2409 COMPANY RIVERPORT INSURANCE COMPANY www.fdean.com A INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: COMPANY B Sugars Drop Shop LLC COMPANY 6805 Southwest 152 Avenue Miami, FL 33193 CERT. #AP131613-00 C COMPANY D COVERAGES 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. co POLICY EFFEcnve POLICY EXPlRAnON LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMlDDIYYl DATE IMMlDD1YYl UMITS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000,00 - A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000.00 1 CLAIMS MADE 00 OCCUR WRD 180035 11/1/2010 11/1/2011 PERSONAL & ADV INJURY $ 1,000,000.00 - OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000.00 ~ INCLUDES ATHLETIC FIRE DAMAGE (Anyone fire) $ 300,000.00 PARTlCPANTS MED EXP (Anyone person) $ 5,000.00 A!!!OMOBILE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO - ALL OWNED AUTOS BODILY INJURY $ - SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) ~ PROPERTY DAMAGE $ ~AGE LIABILITY AUTO ONL Y-EA ACCIDENT $ .-- ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ~ ~MBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSAnON AND IWCSTATU- I I~TH- EMPLOYERS' LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETORl RINCL EL DISEASE - POLICY LIMIT $ PARTNERSlEXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER Total Certificate Premium: $1,500.00 DESCRIPTION OF OPERA TlONSILOCA TlONSNEHICLESlSPECIAL ITEMS Skate park Activities CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Sugars Drop Shop LLC BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE 6805 Southwest 152 Avenue HOLDER NAMED TO iiiE LEFT, BUT FAILURE TO MAIL SUCH NOTICE Miami, FL 33193 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Prancis L. (]Jean ACORD 25-8 (1/95) @ ACORD CORPORATION 1988 CITY OF SUNNY ISLES BEACH, FLORIDA REQUEST FOR PROPOSAL NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK LOCATED AT TOWN CENTER PARK 1.1 INTRODUCTION The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami-Dade County, Florida, requests qualified Proposers ("Proposers") to submit proposals to operate and manage concessionaire services for the soon to be constructed skateboard park at Town Center Park, a 3 acre park located on the west side of Collins Avenue and 172nd Street. 1.2 BACKGROUND The City of Sunny Isles Beach is located between the Atlantic Ocean and the Intracoastal Waterway on the East and West and 193rd Street on the North and Haulover Beach Park on the South. Our City standards stress a high quality of redevelopment with a focus on creating visual corridors to the ocean, with access to the ocean as well as redevelopment of Sunny Isles Boulevard and Collins Avenue with a focus on protecting the environment, providing landscaping and developing aesthetically attractive structures. The City has worked diligently to develop and enhance its Green Space Initiative. Through this initiative, the City has strived to increase park and open space areas throughout the City for the betterment of the community. The need for park improvements is part of this initiative. Towards this end, the City held workshops to obtain input about what kinds of improvements should be provided in park and open space areas. The public reaffirmed the need for a skateboard park which will soon be constructed. Copies of renderings of the skateboard park are attached hereto as Attachment "A". 1.3 MANAGEMENT AND OPERATIONAL RESPONSIBILITIES The successful Proposer shall manage and operate the concessionaire services at the skateboard park, including admissions and food services. The criteria operating requirements are as follows. On school days, the hours of operations are from 3:00 p.m. to 8:30 p.m. On non-school days, including weekends, summer, and holidays, the hours of operations are from noon to 8:30 p.m. Skateboard park cannot be open when Town Center Park is closed, and may only be opened with the express written consent of the City Manager or his designee. Special events may also be considered at the skateboard park; however, all such requests must be made in writing to the City Manager or his designee. All such requests for special events must be approved in writing by the City Manager or his designee. Residents will receive a discounted resident rate over general admissions. Admission prices may be subject to approval by the City. ~ The successful Proposer will be required to perform the following tasks: · maintain the skateboard park area in a clean and inviting manner · maintain the peace and order of the skateboard park area · ensure that all skateboard users sign City approved liability waivers and follow safety guidelines, including but not limited to helmet use · ensure the availability of skateboards and skateboard equipment for rental at the skateboard park · maintain and operate the food concession area in a professional manner to all park patrons · distribute and collect liability waivers for all users of the skateboard park The successful Proposer will be required to obtain a Business Tax License with the City of Sunny Isles Beach. The successful Proposer will be required to propose either a base fee or percentage of sales fee or a combination of the two to be paid to the City in response to this RFP. This portion of the proposal will be taken into consideration when awarding the RFP to the successful Proposer. The successful Proposer will be responsible for hiring the necessary personnel to conduct the daily operation of the concession and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilities Act ("ADA"), unemployment compensation, and workers' compensation. State and local regulations regarding food preparation and food handling will also be followed by all employees without exception. Any deficiencies or health code violations as noted by health inspectors will be grounds for immediate termination of the concession contract. If required by the City, employees shall wear a uniform and/or identification badge. The successful Proposer and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work at the skateboard park or any other City facility. The successful Proposer shall be required to co-ordinate the criminal background checks by contacting Susan Simpson, City of Sunny Isles Beach Cultural and Human Services Director, Tel: (305) 792-1706 The successful Proposer is expected to serve quality food and drinks to meet the needs of the visiting public. Simple menu items should be offered at competitive prices. Alcoholic beverages are not permitted on the premises. Each proposer will be required to include a sample menu of products to be offered with a proposed price list corresponding to each product. The successful Proposer shall comply with all federal, state and local rules and regulations regarding food handling, operation of a concession business, and any other laws that would apply to operating a similar type of business. Special attention must be paid to the regulations outlined by the State of Florida, Department of Professional and Business Regulation, Division of Hotels and Restaurants. The successful Proposer shall also ensure, at their sole cost and expense, the availability of skates, skateboards and skateboard safety equipment, including helmets and safety pads, for rental at the skateboard park. 1.4 SUB MITT AL REQUIREMENTS Proposals shall be as thorough and detailed as possible so that the City may properly evaluate the capabilities of respective firms to provide the required services. All submittals by Proposers shall contain no more than fifteen (15) pages specifically addressing the following issues. Items number 9 and 10 below will not be considered a part of the fifteen (15) pages. Any Proposer wishing to provide the services described in Sections 1.3 above must submit one (1) original and four (4) additional complete copies that include, at a minimum, the following documentation: 1. Name, address and company, including, but not limited to, a business overview, financial state of the business, annual revenue for past two years, and names and addresses of persons having financial interest in the firm. 2. Provide a narrative description of current and previous experience for the past five (5) years in successfully operating and managing similar concessionaire type services and a corresponding list of client references with contact names and telephone numbers. The proposal must identify the primary individuals responsible for supervising the work and include the resumes of the primary individuals. 3. Provide a detailed cost proposal which shall include all costs associated with the operation and management of the concessionaire services described in this RFP. 4. Detail the approach, activities and food service products to be provided. Include a proposed menu and proposed price structure; layout of concession booth including location and pictures of the booth; list of equipment that will be used at the concession and any other pertinent information that the proposer deems as necessary to depict their ability to perform the work required. 5. The proposal shall include a fee or percentage of sales fee to be paid to the City. 6. Proof of authorization to transact business in Florida from the Florida Secretary of State, from the prime as well as any supporting firm(s). 7. The name, title, qualifications, experience, and all contact information of the proposed contact person. 8. Additional information should be included to support the business experience of the proposer such as copies of State of Florida licenses issued for food and vendor operations from the Dept. of Hotels and Restaurants or other food handling certificates, recognition letters from other agencies in providing services similar to this RFP, etc. "'" 9. Sworn statement pursuant to Section 287.133(3)(A), Florida Statutes, regarding Public Entity Crime, a copy of which is attached hereto. 10. Non-collusive and Public Entity Crime Affidavits, copIes of which are attached hereto as Attachments "A" and "B". 1.5 SUBMISSION DATE AND MANDATORY PRE-RFP SUBMISSION CONFERENCE Proposals must be received by the City Clerk's Office no later than 10:30 a.m., Wednesday, September 15,2010, at the Sunny Isles Beach Government Center, Attn: City Clerk, First Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original, and four (4) copies of the completed and executed proposal must be delivered by this deadline. Proposals will be opened publicly and read aloud at this time. The City reserves the right to accept or not accept late submitted proposals based on the sole discretion of the City Manager or his designee. The envelope containing the sealed Proposal must be clearly marked as follows: "SEALED PROPOSAL" RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK LOCATED AT TOWN CENTER PARK OPENING DATE AND TIME: Wednesday, September 15,2010 at 10:30 a.m. A mandatory Pre-RFP Submission Conference is scheduled for Tuesday. AU2:ust 31. 2010 at 10:00 a.m., at the Sunny Isles Beach Government Center, 18070 Collins A venue, First Floor Conference Room, Sunny Isles Beach, Florida. All Proposers planning to submit a Proposal are required to attend this meeting. Proposers should allow sufficient time to ensure arrival prior to the indicated time, those arriving after the discussion has begun will not be considered to be in attendance. Submittals from those who have failed to attend will not be accepted. 1.6 ADDITIONAL INFORMATION OR CLARIFICATION Requests for additional information or clarifications must be made in writing and received by Susan Simpson, Cultural and Human Services Director, specified in the Public Notice Section of this RFP, in accordance with the deadline for receipt of questions also specified in the Public Notice Section of this RFP. The request for additional information and clarification must contain the RFP number and title, Proposer's name, name of Proposer's contact person, address, phone number, and facsimile number. Electronic facsimile requesting additional information must be received by Susan Simpson, Cultural and Human Services Director, at facsimile number (305) 792-1636. Facsimiles must have a cover sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone number, facsimile number, and RFP number and title. .. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Submission deadline. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. 1.7 SELECTION. AWARD. AND PROTEST PROCEDURES The City will select the most qualified Proposer whose proposal best serves the interests of and represents the best value to the City based on the criteria set forth in Section 62.8 of the City Code. The City will act, at its sole discretion, in what it considers to be in the best interest of the City. The City will evaluate the comparable experience, capability, project management, workload, financial strength, and other factors the City deems pertinent and will select the Proposer that it deems to be most qualified. The City will be the sole judge in determining the most qualified firm in accordance with the criteria set forth in Section 62-8 of the City Code. Any protests or objections to the City's Request for Proposals and/or the selection of the selected Proposer must be submitted in writing in accordance with Section 62-15 of the City Code. If the City and selected Proposer are unable to negotiate a mutually acceptable contract, the City may terminate the contract negotiations and begin negotiations with the other qualified firms. This process may continue until a contract has been executed or all Proposals have been rejected. No Proposer shall have any rights in the subject project or against the City arising from such negotiations. 1.8 CONTRACT EXECUTION A contract will be negotiated and executed between the selected Proposer and the City in substantially the same form as Attachment "C". The successful operation of this contract requires that the selected Proposer act in good faith in all matters relating to carrying out the project and the interpretation of the contract documents. 1.9 INSTRUCTIONS Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit Proposals in accordance with the requirements of this RFP. PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL. Proposers shall make the necessary entry in all blanks provided for the responses. The entire set of documents, together with all attachments hereto, constitutes the RFP. Each Proposer must return these documents with all information necessary for the City to properly analyze the response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFP text is followed. All responses to this RFP shall be returned in a sealed envelope or package with the RFP number and opening date clearly noted on the outside of the envelope. Proposers must provide a response to each requirement of the RFP. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. 1.10 CHANGES/ALTERATIONS Proposers may change or withdraw a response at anytime prior to the submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the submission deadline. 1.11 DISCREPANCIES. ERRORS. AND OMISSIONS Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to Susan Simpson, Cultural and Human Services Director. Should it be necessary, a written addendum will be incorporated to the RFP. The City will NOT be responsible for any oral instructions, clarifications, or other communications. 1.12 DISQUALIFICATION The City reserves the right to disqualify responses before or after the submission deadline, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. The City also reserves the right to waive any immaterial defect or informality in any responses to this RFP; to reject any or all responses in whole or in part; or to reissue an RFP for the services described herein. 1.13 SUBMISSION RECEIPT Sealed responses will be accepted in accordance with the instructions detailed on the cover of this RFP. The Proposer shall file all documents necessary to support its response and shall include them with its Proposal. Each Proposer shall be responsible for the actual delivery of responses during business hours to the exact address indicated in this RFP. The City reserves the right to accept or not accept late submitted proposals in the sole discretion of the City Manager or his designee. 1.14 CAPIT AL EXPENDITURES The selected Proposer understands that any capital expenditures that the selected Proposer makes, in order to perform the services required in this RFP is a business risk. The City, however, is not and shall not payor reimburse any capital expenditures or any other expenses, incurred by any Proposer, in anticipation neither of a contract award nor to maintain the approved status of the selected Proposer if a contract is awarded. 1.15 HOLD HARMLESS AND INDEl\1NIFICATION All Proposers shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to their decisions to reject, award, or not award a RFP, as applicable. Additionally, the selected Proposer shall indemnify, defend and save harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of the Proposer's performance of its services under this RFP, or by or in consequence of any negligence (excluding the sole negligence of City), in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said selected .... Proposer or his Sub-Proposer, agents, servants or employees. The selected Proposer shall indemnify, defend and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work described in the RFP, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the selected Proposer, Sub-Proposer, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. 1.16 RESERV ATION OF RIGHTS While pursuing this RFP process, the City reserves the right to: . Accept any or all responses, and the right, in its sole discretion, to accept the Proposer who will best serve the interests of, and represent the best value to, the City in conformity with the criteria set forth in Section 62-8 of the City Code. · Reject any and all qualifications and to seek new qualifications when such a procedure is reasonably in the best interest of the City. · Investigate the financial capability, integrity, experience, and quality of performance of each Proposer, including officers, principals, senior management, and supervisors, as well as staff identified in the response to RFP. · Investigate the Proposer's qualifications or any of its agents, as it deems appropriate · Conduct personal interviews of any or all Proposers prior to selection (the City shall not be liable for any costs incurred by the Proposer(s) in connection with such interviews). . Waive any of the conditions or criteria set forth in this RFP. · The City reserves the right on any advertised selection process to decide whether to select a firm based on submission received in response to this RFP or whether to hold interviews with the firms the City deems best qualified for the project. 1.17 ADDITIONAL INFORMATION · The Submission must clearly be marked on the front of the envelope: "SEALED PROPOSAL" RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK LOCATED AT TOWN CENTER PARK OPENING DATE AND TI.ME: Wednesday, September 15,2010 at 10:30 a.m. · Questions regarding this RFP must be directed, no later than seven (7) calendar days before the opening of the RFP, to: Susan Simpson Cultural and Human Services Director City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 792-1706 Email: SSimpson@sibfl.net · Responses to this RFP must be delivered by the stated deadline to: Attn: Jane A. Hines, CMC City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue First Floor Conference Room, Sunny Isles Beach, FL 33160 · The opening of the Proposals will be in the First Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at the stated time. · Proposals will be opened publicly and read aloud at this time. · The City is under no obligation to return the Proposals. · The City will not be liable for any cost incurred in the preparation of the response to RFP. · The Proposals shall be prima facie evidence that the Proposer has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. · The Proposers shall furnish the City with such additional information as the City may reasonably require. · Under no circumstance should any prospective Proposer or anyone acting on their behalf, seek to influence or to gain the support of any member of the City Commission or City Staff favorable to the interest of the prospective Proposer. Likewise, contact with the City Commission or City Staff against the interest of other prospective Proposers is prohibited. Any such activities may result in the exclusion of the prospective Proposer from consideration by the City. 1.18 ATTACHMENTS The Exhibits to this RFP are as follows: Attachment "A" Public Entity Crime Affidavit Attachment "B" Non-Collusive Affidavit Attachment "C" Agreement Attachment "D" Site plan of skateboard park Attachment "E" Floor Plan of concession stand Addendum NO.1 CITY OF SUNNY ISLES BEACH Concessionaire Services for Pelican Community Center and Town Center Skateboard Park CITY RFP NO. 10-08-02 & 10-08-03 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. ~ Summary Minutes and Sign-In Sheet. END OF SECTION City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 Mandatory Pre-RFP Submittal Conference Summary Minutes Tuesday, August 31,2010 at 10:00 a.m. RFP No. 10-08-02, Concessionaire Services for Pelican Community Park; and RFP No. 10-08-03, Concessionaire Services for the Skateboard Park Located at Town Center Park In Attendance: City Staff: Interested Parties: Rick Conner, City Manager Susan Simpson, Cultural and Human Services Director Jane A. Hines, CMC, City Clerk Giovanni Batista, Public Works Director Mauricio Betancur, Assistant City Clerk Sylvia Flores, Assistant Cultural and Human Services Director Junior Silva, Silva Management of Miami, iuniorscatering@aol.com Scott Payne, Island Water Sports, scott@iwsmiami.com Rene Lecour, Sugars Drop Shop LLC, sugarsdropshop@yahoo.com The deadline for submission of Request for Proposals documents is Wednesday, September 15, 2010, at 10:30 a.m., at which time those sealed responses will be publicly opened. Any additional questions are required to be in writing and may be submitted up to seven (7) days before the opening (at the close of business, Tuesday, September 7,2010), which will be answered and placed on Demand Star. You may email them to Cultural and Human Services (CHS) Director Susan Simpson, at ssimpson@sibfl.net, or fax them to 305-792-1566. CHS Director Susan Simpson gave an overview of each RFP beginning with RFP No. 10-08-03, Concessionaire Services at the Skateboard Park located at Town Center Park at 172nd Street and Collins A venue. The concept of the Skateboard Park was to be a community park, it is not a regional park but we do have changing demographics, and there are thousands of kids in the City now. This concessionaire would rent out equipment like skateboards, safety helmets, pads, etc., and could also sell food, drinks, etc., for the entire Park. There will be admission fees though those will have to be approved through the City as is detailed in the RFP. Our expectation is that residents would have a discount, if not, some type of yearly pass, and the other sales would be for the entire Park. On average we get about 250 people in that Park on a weekday, and 500 on each weekend day, it is a very busy Park. We have other programs there, Movie Night four nights out of a year, and we have a Walking Club for seniors, which runs four months out of the year. Our minimum expectation for operating hours is Monday through Friday, 3:00 p.m. to 9:00 p.m., and on Saturday and Sunday, noon until 9:00 p.m. Special events are an option, they would have to be in coordination/approval of the City and so you can host other special events there to attract other people or charge extra fees for, things like that. We are going to be strict on the hours mostly because it is right next to a Mandatory Pre.Submit~1 Conference QA 083110 Page 1 of 4 condominium, and so noise is going to be a big factor. The concessionaire would maintain the area, you would monitor the area, and you are watching for kids with graffiti, you are kind of the peace keepers in the area. QUESTIONS AND COMMENTS FROM PROSPECTIVE BIDDERS 1. Will there be a designated area for concessions or are you looking for a more mobile setup? The City is providing a concession stand. It is 200 square feet, 10 x 20, windows on all sides, air conditioning, and there is a hose bib outside. You can set up that 10 x 20 interior space, however you want. The area is gated, it is the back area of the main Park and is like a loop, that entire area is just the Skateboard Park, it will be fenced, and the concession stand will block the entrance. 2. And so the concession area will be directly adjacent to the skate area? Yes. You will be able to see into the Skateboard Park from that concession area. The way the RFP is set up everyone will be bidding on how you are willing to compensate the City for the use of the area. It can be a flat fee, it can be a percentage of sales, that is up to you how you present your package. The City will cover all utilities and we expect that the revenue we receive from you will at the very least cover the utilities. 3. In maintaining and being vigilant in the area, is that more like a janitorial type support or is that more like security type support? It is more like security type support. Park Patrol employees are there for the balance of the Park, seven days a week from 3:00 p.m. to 9:00 p.m. They help keep the peace in the rest of the area. The Public Works Department will empty the trash, and maintain the landscaping. The concessionaire will be more like keeping it up, if you are selling refreshments and people are leaving wrappers, etc., we would hope that you would be picking it up or be vigilant in making them pick it up. 4. Is the concession stand going to be at the beginning of the Park or more towards the back? Can you see it from the main part of the Park? It is at the beginning of the Skateboard Park but you can't really see it from the Park, however, we will have signage that the concession stand is there. If you are in the north end of the Park or by the playground area, you are not really going to see it. But people will know because the kids will be walking by and once the word gets out that you are there, everybody will know. Where it is set up, you will be able to see as people approach. 5. When looking at the RFP responses, will you go strictly by compensation to the City or is it a combination of that plus other factors? It is compensation as well as experience, business history, qualifications, etc. We are looking for a long term relationship. We are looking for somebody who is going to take pride in the place, take care of it, get to know the users and have that mutual respect with this teenage population that is going to be using the facility and being good neighbors to our neighboring condominiums. Mandator)' Pre-Submittal Conference QA 083110 "age 2 of 4 6. Is the Park facility open 12 months a year? Yes, we are even open on holidays. 7. Is the Skateboard Park fenced in separately? Yes. This Park is very unique. The area in which the Skateboard Park is, one side is all condominiums, and the other three sides are mangroves. All of it is fenced in with a black picket fence, the same as the front side. The front will be the entrance gate and the concession stand. There is a fence separating the Skateboard Park from the main Park. There will also be lighting so it can be used at night. We will probably tell you 8:30 p.m. as your posted hours so you can get everyone out by 9:00 p.m. because that is when Public Works comes in to clean it and close down the Park by 9:00 p.m. 8. Is the entire Park closed at night? Yes. 9. Is the Skateboard Park open even when the Park is closed? No. The regular operating hours for the balance of the Park is seven days a week, including holidays, from 7:00 a.m. to 9:00 p.m. except on Wednesday when it opens at 10:00 a.m. in order for the landscaper to come in and do maintenance. If you have a special event, occasional special events with the City's approval would be permitted. CHS Director Susan Simpson gave an overview ofRFP No. 10-08-02, Concessionaire Services at the Pelican Community Park located a block from City Hall. There is a gymnasium, a two-story community center, and a baseball field. We service 245 children in an after-school program which runs from 2:00 p.m. to 6:00 p.m., Monday through Friday. We have a Summer Camp Program when school is not in session that goes from 8:00 a.m. until 6:00 p.m. Monday through Friday. We have a basketball program, youth athletics, youth programs like karate, chess club, music lessons, baseball, cheerleading, etc. On average we have about 90 participants in our Recreation Programs, and for our athletics it is closer to 150. In addition to that the Sunny Isles Beach Community School is right next door, and a lot of people pass through there to get to their cars because they park on the other side. There are 1,500 student stations there so it is a very busy Park. What we are looking for there is for somebody to sell concessions for children after school, Park patrons on the weekends, often it is drinks, water, etc., we have done hot chocolate in the winter when baseball is there and they have an early morning game, again, you get to know your customers. We don't typically permit other people to bring in a pizza and serve it to all their friends in the Park. The North Miami Beach Little League uses our Park for their baseball season, seven months out of the year, and they bring in approximately 200 kids on the weekends with their families to play baseball. On average when our Department was running the concession stand there, we would get approximately $400 a week in sales before expenses of purchasing and staffing it. There is a large industrial refrigerator/freezer there for your use, there is an ice cream freezer for your use, there is storage, a sink, running water, electric, air conditioning, a microwave, plenty of counter space, 200 square feet, again, it is just oddly shaped. There is a diagram of it in the RFP packet, as well as other pictures. There is also a playground there, and sometimes special events on the weekends. This Park does close for holidays, but for the most part it is open seven days a week, 8:30 a.m. to 9:00 p.m., except for Sunday we close at 5:00 p.m. Mandatory Pre-Submittal Conference QA 083110 Page 3 of 4 You do not have to bid on both RFP' s, we just put them out at the same time to encourage you that if you want to start a business in Sunny Isles Beach there is room to grow, and you have other options. Since you are serving food, it states in the RFP that there are certain health requirements that you have to have. All of your employees, and you have to provide the City with a list of who would be working there, will have to go through a background check because they are working closely with children. The City will facilitate that background check for you but you are financially responsible for it. We hope to have the Pelican Community Park Concession contract, we are hoping to start October 1, 2010, and obviously that is not going to make our Commission meeting deadline. The Bid Opening is Wednesday, September 15,2010 for both and we would hope to negotiate a contract with a vendor by October 1, 2010. If the City Manager wants to go that route, we can possibly enter into an agreement and have it ratified at the October 14,2010 Commission meeting. As far as the Skateboard Park, we are expecting completion by the end of October, and we don't see you getting any real move-in time too far ahead of when we actually open. The concession stand is one of the last things that is going to be in place, and maybe you will get access to that about a week before we officially open to set up. That contract would be approved at the October 14, 2010 Commission meeting. Please make sure your response is on Xerox paper, and clipped. Answers to these questions, as well as the sign-in sheet, will be posted on www.demandstar.com. If you have any follow-up questions please do them by em ail to ssimpson@sibfl.ne!, by Tuesday, September 7, 2010, and then we will respond to them and post them on Demand Star. The mandatory Pre-Submittal Conference was concluded at 10:20 a.m. Mandatory Pre-Submlllal Conference QA 083110 Page 4 of 4 Citv of Sunnv Isles Beach Mandatory Pre-RFP Submission Conference Sign-In Sheet Request for Proposal No. 10-08-02, Concessionaire Services for Pelican Community Park Request for Proposals No. 10-08-03, Concessionaire Services for Skateboard Park Located at Town Center Park 18070 Collins Avenue, 1st Floor Meeting Room, Sunny Isles Beach, FL 33160 Tuesday, August 31, 2010 at 10:00 a.m. Staff: Gct@) Junior's Catering Junior Silva I Chef/Owner juniorscolering@ool,com 7188SW.47thStreet I Miami. FL 33155 Guests c: 786.413.6195 f: 786,265.9114 www.juniorscatering.cam Name: ;:,,,,, /()/t.. 5""; k4 Title: ;~) Company Name: 5/04 /1/;1,'V>'9 '~I 7/00- r.......;...'., ~ r-/- Address: ( co (l. / / ' ~ 7/"'" .,.- Phone: ~ // 7/.J ~/ '.7 Fax: . (J,":'- -t."" /I~ / ,- rf ..P'iP L.- :.> 'J,I,y,)- State: ~ /7 Zip: J Email: i ~ N-e.s'C.A~e,e ;~l' -./ .. City: '-" '- . c;. ~ Name: ScoT (~>,'il,;, Title: filL"> Company Name: J!..:i/..AJ1,A w Ari3:tL Address: 1623 1 f;6C~ V n~ ~ I /IV) , Phone: 56S '11.J4 6ltJ'I Fax: 5 f()/l.-1 S City: ~; e,~} State: f) ? Zip: 3 j I"U;J Emait: 5c(dt b-]!. W$ MI '1,.,;. 0111 Name: ~e{'C.. Le CO ) f" Title: (')\..{J(\e.-r Company Name: Su~~~ \Xo{) ~ ~ Address: \QS 0("~ ~\JL City: <<'\\c\('(\ \ State: F L Zip: 33 \2> '5 Phone: I%C, .....5:\7-0.37 d Fax: Email:, Name: Title: Company Name: Address: City: State: Zip: Page 1 City of Sunny Isles Beach 18070 Collins Avenue, 1st Floor Meeting Room Request for Proposals No. 10-08-03 Concessionaire Services for the Skateboard Park Located at Town Center Park Opening Date and Time: Wednesday, September 15, 2010 at 10:30 a.m. PRESENT: Susan Simpson, Cultural and Human Services Director Rick Conner, City Manager Jane A. Hines, CMC, City Clerk Mauricio Betancur, Assistant City Clerk Fernando Amuchastegui, Assistant City Attorney Sylvia Flores, Assistant Cultural and Human Services Director 1 response to RFP No. 10-08-03 was received: 1. Sugars Drop Shop CLoriginal and ~ copies received) Rene Lecour, Owner 105 Grand Avenue Bid Amount: $450.00 paid to City per month Coral Gables, FL 33133 Phone: 305-967-8767 Fax: 305-249-1806 Email: sugarsdropshop@yahoo.com Submitted by: Page 1 of 1 - PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (the "City") is soliciting proposals to operate and manage concessionaire services for the soon to be constructed skateboard park at Town Center Park, a 3 acre park located on the west side of Collins Avenue and 172nd Street. Interested firm/individuals ("Proposer (s)") may pick-up a copy of Request for Proposals ("RFP") No. 10-08-03 to be issued on Wednesday, August 18,2010 at Sunny Isles Beach Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny Isles Beach, Florida, 33160. RFP No. 10-08-03 is also available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The RFP contains detailed and specific information about the scope of services, submission requirements and selection procedures. One (1) original, four (4) copies of the completed and executed Submissions must be delivered to the following address no later than Wednesday, September 15, 2010 at 10:30 a.m.: Sunny Isles Beach Government Center 18070 Collins A venue, City Clerk First Floor Meeting Room Sunny Isles Beach, Florida, 33160 The City reserves the right to accept or not accept late submitted bids in the sole discretion of the City Manager or his designee. The envelope containing the sealed Proposal must be clearly marked as follows: "SEALED PROPOSAL" RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK LOCATED AT TOWN CENTER PARK OPENING DATE AND TlME: Wednesday, September 15,2010 at 10:30 a.m. A mandatorv Pre-RFP Submission Conference is scheduled for Tuesday, August 31, 2010 at 10:00 a.m. at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit Submissions are required to attend this meeting. Proposers should allow sufficient time to ensure arrival prior to the indicated time, those arriving after the discussion has begun will not be considered to be in attendance. Submissions from those who have failed to attend will not be accepted. The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the successful Proposer to operate and manage concessionaire services for the soon to be constructed skateboard park at Town Center Park, a 3 acre park located on the west side of Collins Avenue and 172nd Street in the City of Sunny Isles Beach, Florida. The contract will be awarded by the City to the Proposer whose proposal best serves the interests of, and represents the best value to, the City in accordance with the criteria set forth in Section 62-8 of the City Code. The City reserves the right to reject any or all proposals, with or without cause, to waive technical errors and informalities, and to accept the proposal which best serves the interest of and represents the best value to the City. Any questions regarding RFP No. 10-08-03 are to be directed in writing to Susan Simpson, Cultural and Human Services Director, at the following address: 18070 Collins Ave., Sunny Isles Beach, Florida 33160. Alternatively, any questions may be sent via email to: SSimpson@sibfl.net. Any questions or clarifications concerning the proposal specifications must be received by Susan Simpson, Cultural and Human Services Director, at least seven (7) business days prior to the date of the proposal opening. For further information, please contact Susan Simpson, Cultural and Human Services Director, at 305-792-1706. Jane A. Hines, CMC, City Clerk City of Sunny Isles Beach Skatepark Management} Events} Camps} Sales} Lessons} and More...... . "Skater Family Owned and OperatedJJ Rene Lecour (Owner) 305-967-8767 Office 305-249-1806 Fax 786-537-2016/786-537-3372 Cell suga rsd ropshop@vahoo.com www.sugarsdropshop.com Report: Profit & Loss Page 1 of 1 Sugars Drop Shop LLC Profit & Loss January 1 - September 3, 2010 Income Gross Receipts Total Income Expenses Insurance Payroll Expenses Rent or Lease Supplies Supplies & Materials Taxes & Licenses Total Expenses Net Operating Income Net Income Total 129,277.03 $129,277.03 968.00 9,660.51 4,274.08 13,862.25 482,19 965.19 $30,212.22 $99,064.81 $99,064.81 Friday, Sep 03, 2010 09:20:22 PM PDT GMT-7 - Cash Basis Report: Company Snapshot . 'J, Inc..:m~ .: T'l;,'fn"tl~~ ~ ~~\Jf~Ui Yut l!1ccrr.e C~P.3rtS(!!t i~_:.J 5;"10001 11 to " 11 It " u u U 10 ,;j I..~ I_~ ... lu C' 2.W' \~:te CWJ.i!S Mi ~rm ~dI ~l~l,V7 .g! -i ~1 "1 ~:J ,~ -\~ tl ' I 1 ' ',' '.~. ' I. I ;, ~l I I I I I & I I I' 'I ~1 ... .... '"' '" ... C 2-JUI -tCIJ ~llrrer,:rjhl~! nc u"~~jro'l(!jo:,,, ~'\1.) 'I!:~"J ... ::l Mj'E1.ylil'l!U T~I,Jt S1(9.277.~'; Il'I'Il' YUHNJt! ~ Page 2 of2 rot.:~ S~!).112.22 !c:1N SIl!!21! . H.~~.!t W:rI.fH' !4.l7.;.:! Prt'ticu$ YN~ c:r~"'sl) Ccm'!,ITlscn '..l000t 1~lj:'il~:':U.,,, "i .. Oc . \'il'lO(C''''''Q- I I I ... ,... ... .... "" C >>)<; CJ11llC ... ... Do< Y~J ,urr~I\.'.t! lI.1','~ no ')tl:s,!;'l,i:i~ilt::lo.. Sugars Drop Shop Sugars Drop Shop is a family/skater owned and operated company based in Miami, Florida. At the present time we manage three skate parks for Dade County Parks and Recreation and each park has its own mini pro/snackshop. We also organize skate clinics, camps, host several charity events and a variety of skateboard contests in the South Florida area. Our goal at Sugars Drop Shop is to infuse honesty, integrity, creativity, pride and passion back into the business of skateboarding. Although we are a relatively young company we have been able to achieve a lot in a short period of time due to our grassroots approach to business, a punk rock do it yourself attitude. and a serious love for all styles of skateboarding. We see our parks as the center of each skateboarding community and with so much negative influence in the world today we feel called upon to guide our young skaters down the right path. The focus of our business is not just about making money. we do it because we love to skate, we love those who skate and because we have witnessed firsthand the positive impact thata well run skate park can have on our children and our communities. Ultimately. our mission is to shine a brighter light on the "rebellious non sport" that we love; and at the end of the day it feels good to know we are helping get kids stoked on skateboarding. Skate and Educate All of our parks offer free Saturday morning skate clinics that we have customized to fit the needs of all skaters, so no matter if you are on a beginner, intermediate or advanced level we have a program to fit any skaters needs. We also offer camps that range from three hour mini camps, school holiday camps and our popular Road Trip Camp. Besides teaching the fundamentals of the sport we also focus on the history of skateboarding. balance. park etiquette. stretching techniques. board maintenance and the latest tricks. Our coaching staff consists of positive role models whose backgrounds include; professional skateboarding sponsorships. Ten years of action sports camp instruction. National Youth Sports Memberships and current AED/CPR certification. With over 15 years in events planning. hosting and promotions experience we can cater to any style function. Our focus is on family friendly skate contests and charity events that are not only fun but safe and well organized .In the past we have worked on projects with The Florida Family Resource Center, 91.9 The Call P.M. Radio. MatteI Toys. Capitol Records. Homeless Food Collections; worked with several local youth organizations and countless skateboard companies. We host an annual Christmas Toy Collection. a annual three day Skateboard Rodeo. a quarterly four part contest series, and we host free skate jams on Go Skate Day every June Z 1. . We are also working with the City of Miami on their Bike Days/Open Streets Project where we will be adding a bmx/ skateboard/scooter demo, free skate lessons and a mini contest to their event. pro skater Steve Berra Road Trip Camp Free Skate Clinic it ~ r ~ s Youth Mentoring at Bay Point Boys School Free lessons for the foster kids of the F.R. C. .........~' ,'lJ";-O-} ~. :;';;;"'-':;" t! ~ ~,-} , It ... Skateboard Recycling programs Holiday Skateboard Hookups Balance board demonstration at Florida City Elementary Schools Career Day References for Sugars Drop Shop LLC Donna Diaz Miami Dade Parks Manager West Wind Lakes Park 305-388-4771 Linda Baker Miami Dade Parks Manager Country Village Park 305-622-2594 Mary Shie F emandez Program and Events Coordinator Village of Palmetto Bay 305-234-6383 Dino Congelio Promotions Director DNA Energy Drink 1-724-366-9864 Mike Liebler Youth Director Elevate Skate 786-205-2005 Rene Lecour Summary of Qualifications: . More than 10 years of experience as a youth leader. More than 10 years of experience as a sports coach. Strong organizational and event planning skills. Highly skilled in skateboard training programs. Excellent relationship within the skateboarding community. Ability to efficiently run a skate park. Ability to efficiently run a full service skate shop/ retail store. . . . . . . Work Historv M.L. Productions: Events Coordinator South Dade Christian Church: Youth Director Coconut Grove Skate Park: Programs Director Sugars Drop Shop: Owner Operator (skate parks and retail store) Volunteer History West Kendall Pop Warner: Football Coach Westchester Optimist: Baseball Coach South Dade Christian Church: Youth Director Bay Point Boys School: Volunteer Youth Mentor Miami-Dade Regional Juvenile Detention Center: Guest Speaker Memberships . National Youth Sports Coaches Association. West Grove Skate Club: Founder/ Skateboard Coach. . Additional Historv . . Developed and implemented skate camp programs for several youth clubs including; Police Athletic League and Florida Resource Center. Provided a skateboard safety program to Florida City Elementary. Collaborating with the City of Miami on their Bike Days Miami/Open Streets Project. Assisting and partnering with fundraising and development for several non for profits and youth programs. . . . PAYROLL Classification Employee Total Hours ESTIMATED DIRECT EXPENSES: SUMMARY Monthly Cost Proposal Est. Hours/Mon. Concessions Skate Goods Park Liability Insurance Misc Expenses (Helmet/Board Rental Upkeep) ;k~t-- RenEt Lecour Owner C:\Users\yilka\DocumenIS\ Cost Proposal Avg. Hourly Rate 192 $8.00 192 rotal Estimated Payroll = Total Estimated Monthly Payroll Total Estimated Monthly Direct Expenses Total Estimated Monthly Cost = Sugars Drop Shop Cost Estimate Labor Cost $1,536.00 $1,536.00 $ $ $ $ 800 1,000 120 50 $1,970 $1,536.00 $1,970.00 $3,506.00 ~J "11 2tOP Date m~o 3 Admissions Mon - Fri. Sat. - Sun. Holidays and School Days Off Rentals Helmets Skate Boards Concessions Sodas Water Gatorade Chips Assorted Candies Rice Crispies Brownies Honey Buns Hot Dogs Cotton Candy Ice Pops and Ice Cream Mini Pro Shop Skate Boards Grip Tape Trucks Wheels Hats & Beanies Shirts Bearings Hardware Shoes Misc. Skate Accessories C:\Users\yilka\Documents\ ""__i ,.,______1 Sugars Drop Shop Price Structure SUMMARY Proposed Price Structure Price $2.00 $5.00 $5.00 $2.00 $5.00 $1.00 $1.00 $1.50 $0.50 $.25 to $1.00 $0.50 $0.50 $0.50 $1.50 $1.00 $1.00 to $2.00 $35.00 to $45.00 $5.00 $35.00 to $45.00 $25.00 $15.00 to $20.00 $12.00 to $20.00 $7.00 to $15.00 $4.00 to $7.00 $40.00 to $60.00 $.25 to $20.00 OJ7/"n1n These are a few pictures of our shop located at the Westwind lakes Skate Park. We started out with a rusty, beat up 8x20 shipping container; which is very similar in size to the building being constructed Sunny Isles Beach Skate Park. The shop contains a display/service counter, three beverage coolers, shoe rack, snack display, three skateboard racks, t shirt display, storage closet and cubby shelves for our customers back packs. Our goal was to create an ultra hip, full service retail shop where kids would be able to come in, grab a snack, watch a skate video, repair their boards, chill out, listen to some cool music and catch up on the latest skateboarding chatter. \};Jili: ,/n.".UL\l.!~lt"'l'HJV.L.L y r'.'n---' I h , ;: iJ :t~1: ~_l fi1 ;, ]=H J il~J J i-;~ i ,,.,d ;1 '~i! i i I ;~, i @~ Iii :1 ~ II i :1' ! : 11: Ii; : ! li i ii "'Ii ! Ii ~i,~i i i~l :~I i.~i Iol!i I ...J:~ ~ ~ ~ ! j ;1 r ~J 'I 11 't i:1 iii II' -i~ ii! 'Ii ,I"'li \ 11 ;1 , .-.J 'I '. '1 ! I I I I! II ,....~-4 l ~ Ii Ii \,,; i I -n ! ! I 1 ~. Ii Ii I' ,_.,._L- <: ~j,:";., ,~ ,~ :; :"Q .;.:. D5 ':' ! ;,~ fry f X ;:- ;.. <;: ,=. fa l"I"l' I, i ',:"":,,-,~,,'''.,:-,..-. .. .:.:o..e'._~~.. .... iiij 'I :rll a :1 il 1" II :i ii :l t f L-1 .:5~ I: oS, CCLJ..:, y,}-C ~::( 1 -- --TD-~5rr~v) U fJ\)E ( .\ (--_.~.__.,_._.....------~~...-.~~-- II ~ L.J , I ! I :IiI] . ili Ii lli Ii Iii I) ,... i,:1 ;'1 U ['I q i: 1 IlL --1J 1 I I j , I rl! .. '\ :1 !I iL-3 ,-?;.. e'l>-'I ~.:) " --...\ 'J J "" \Wi :H ~ ~ ~ iI' 'i c......; 'il il il ~' :'>>, I:'!"" ! <>\ ... : -'i,\ m,' I \\i,\ I' ~ .~ ~ \1 ....r;t'j: ,t:1 -'ij'riL~ :: 'I ~:l!.:~ 'j!1 Ir u &.! ~ I !ft t~, =::f:]f.~! ~l Q. ~~.: ii '''''" 1 ($ ~ 5 llli l' ./ 0' d.:.iIJ.i: 1B I ,J.:.o... I t ~! Iii l~l~~iil' HI i:i ;\1 !:r~~Ji...a::: lr I,: I" :~I'~'II,,,"' 'II:,! ill i~~~'lt~ 111'11, fG" ")'T-,L, ' I~ ~~~~(:: Ii !L' i i~'il~.' co; Ii i~;E i E )'/! ~,: ! ~~i:::1' a:vl' : ~~i c;,m N! 'I Ql,.", I - lr-il ! I ',.:1, I <C> (/jl'/! , .... ~ilOl ';>' , "oo) :l_;~r~,:::: ___ : jJluo.J..,j:-- I':~......~ iUi I'g.<q !I i i il i I~I,,!,! ! ill, I I i I i ~ I ~; ffi I ~, [!j 1~1 ; I~' 11''''' .II :I ' II "1 ! . I :1 ! : J. :I~i :! :1 ii, :1 ~,I ::1 I, iliin i~ 11 ~:!~::!il~il~iH H n H ~Ii ~t :i: ihi il ~J H H H u ! t..:.Il! i 1jM il !~ z <[ -1 0.... 0:: o D ! rc 'I, 'I :1 Til' It;'". , -- " i trl~I'l d l~.t; it f..llll ,; (~: 1.\ l~~W il i~l!i 1, ~:;,:i i :1\1'! 11 :l-~\! 1 [-i.,: " !'Jill ~, t!.Jj: , "'~ii" ~ j';'l~ T ~~~ 9 .,-,i" ;! ff.~~ 'I J]I rU~jl 1/ ~:I.I! J !It 'j'i )jil~itl~ 'I, '''''Ii 1 ,il ~f~]'!i ~>' Ii, ~"" ,/ /- .j: :~~tl: 1 r:~ ,:. ,,!;,.tl ___ ;~ ;if2j :~lli .i :, ~ :i '! W .~) ~ 'lili ;1~JJ~ - "'''''. .~;. ',._~'" Ii L L !; PROPOSAL FOR: Skate Park Management PROPOSAL This proposal puts forth possible ideas to use our company to manage your skatepark. The key feature will be to allow Sugars Drop Shop to bring in competent adult coaches whose backgrounds include; professional . skateboarding sponsorships, 10 years of action sports camp instruction, National Youth Sports Association Memberships, a million dollars worth of liability insurance and current AED/CPR Certifications, to serve as positive role models, provide skate clinics/camps, lessons, organize competitions and family events. In addition to those advantages our company will also provide a small Pro-Shop where skaters can purchase premium skateboarding equipment at budget prices. We do this because being skater owned and operated we feel that skaters on all economic levels should have the opportunity to purchase quality merchandise at an affordable rate. OBJECTIVES #1 - Give skaters a safe and clean environment for families to enjoy the activity of skateboarding. #2 - Effectively enforce all safety regulations such as: Use of Helmets, Proper Skate Etiquette, Stretching Techniques, and Board Maintenance. #3 - Provide families with a healthy and intense activity. Where skaters of all ages can practice the art of skateboarding and are given a creative outlet for their energy. Methods The primary methods for achieving these objectives: . Provide 1,000,000 Liability Insurance and Accidental Insurance . Charging a reasonable entrance fee. (Lower than most area skate parks) . Providing rental equipment such as: Helmets and Skateboards . Keeping ramps and skate area free of debris. . Provide Concessions and Pro Shop . Offer Lessons/Camps/Demos/Contests and CUnics .Pav Sunnv Isles Beach a monthlv concessionaire fee of $450.00 Parks We Are Currently Working With West Wind Lakes Park (MDC Parks) South Dade Park (MDC Parks) Country Village Park (MDC Parks) In closing we look forward to working alongside you to better enhance your patrons skate park experience. We welcome any questions and or concerns. Please feel free to contact us at anytime. Sugars Drop Shop DO NOT FORWARD SUGARS DROP SHOP 105 GRAND AVE CORAL GABLESFL 33133 j" I illlllllll JIll i1111 Ii" i IIH II ill Iii I i I i "fillll i I i I~~i II .. fiQposed Contact Persons Rene Lecour (Owner) - NYSCA Certified Coach -Skate Park Manager for 3 years -Skate Park Management Company Owner for 1 year 105 Grand Ave Miami, FL 33133 786-537-3372 305-967-8767 Yilka F errera (Manager) -NYSCA Certified Coach -Skate Park Management Company Manager for 1 year 12931 SW 117 ST Miami, FL 33186 786-537-3372 Electronic Articles of Organization For . Florida Limited Liability Company Article I The name of the Limited Liability Company is: SUGARS DROP SHOP LLC L09000094480 FILED 8:00 AM September 30,2009 Sec. Of State jbryan Article II The street address of the principal office of the Limited Liability Company is: 105 GRAND AVE MIAMI, FL. 33133 The mailing address of the Limited Liability Company is: 105 GRAND AVE MIAMI, FL. 33133 Article III The purpose for which this Limited Liability Company is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The mime and Florida street address of the registered agent is: RENE M LECOUR . 105GRANDAVE MIAML FL. 33133 Having been named as registered agent and to accept seIVice of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent Registered Agent Signature: RENE LECOUR ,-- Article V The name and address of managing members/managers are: Title: MGR YILKA I FERRERA 12931 SW 117'ST MIAML FL. 33186 Signature of member or an authorized representative of a member Signature: RENE LECOUR L09000094480 FILED 8:00 AM September 30, 2009 Sec. Of State jbryan 00258 01/08/10 . .' . Ilcertifi<:ateotRegistration .11 Issued Pursuant to Chapter 212, Florida Statutes " DEPARTMENT OF REVENUE 01/06/10 11/10109 Opening Date This certifies that SUGARS DROP SHOP LLC 105 GRAND AVE MIAMI FL 33133-4839 has met the sales and usetax registrationr8Cjuirements for the business location stated above and is autl1ori;zed to collect arydremit tax as required by. Florida law. This certificate is non-transferable. .' . .... . . . --'.-, .......... , ," . ." .' POST THIS CERTIFICATE IN A CONSPICUOUS PLACE tt...:..................... V REFER..TO .T.....E;I3A.RK....O.F)...THIS.......~..~~~!~~)~!~...............(>.....:..:.. .SPECIFICI.~1;9RMA.TIO~.....t=lE~At=ll.)~~~;:)'"()LJR:..... .'. COUNTY'S TAX....RATES....... '. .....::i THIS IS YOUR ANNUAL-RESALE CERTIFICATE FOR.SALES.:.TAX> ..#Jr....... . ::,'" .,c-:..'.,;;.... ;" C-,":. "".",_ :',. -':".-,-, '.' ,". ; .....:..............................:..::.....:....::...................:......................... ". .,...::,..... '.'. .. ......., "'. .. --.--,",- .... '. ,";'" .:--: '.'-,,-.-..,.. ..- -.,~._..'..-..__....-~ ---------..-...-". . . . -- , -." ':-." . ".:: ..-.;.:...:..,....-::.'-'.... . '."... .:','::-": :'..:: . ',-'- .' .:. .....-. .' : .'.....-..:.; THIS ISYOURSALES&.USE TAX CERTIFICATEOFREGIS,..fI~TIQN. (DETACH AND POST IN A CONSPICUOUSPl..t\ql;)>,.... .... ....--.::';-:.-;....,.. DR-11R, R. 10109 .. . '.' , Note:iNewfjealers whoregis~er after mid-()ctober are issued.al'1l1ti~lr~!;Clle certificates that fi!xpire on December.31 of the fOlloWil1gyear.<' " .'. llf.PARTMENT . OF.IlEVENIJE 11.201 Q..Florida Annual Resalecertificat~forSalesTax.11 . THISCERTlFICATE EXPIRES ON DECEMBER 31, 2010 . :~:: ....-." .:,.'. .;: .:.::'-' : :-.-" . . DR-13 R.01110 ......... :",-'-::"::,,:,:,:,,-;,,,->,:-'::".'. . .<.....:" .',..' :--'-'.': ..'... ...-.-.-:.,.... ':;-"', -:;::';::,:-:.-.-.-:;;. '. ,,'"- .' --'. ..,--....::. .."-.-':' -'. .....-- :-:' -..... ".':' :'.-.":-::.... . '" ......c~ffidrte"'Jrnber SUGARS DROP SHOP LLC 105 GRAND AVE MIAMIFL33.133-4839',' 01/06/1 0 ......2378015257581-7 " .-' This is t:ocertify that all tangibh~personal PropEmyPurchased or rented. real property rented, or services purchased on or atterthe above Registration Effective Date by the abOve business are being purchased or rented for one of the fol/owing purposes: '. 'm. ..... .... - Resale as tangible personal property. - Re-:rental as real property. - Incorporation as a material, ingredient, or . - Re-:rentalas tangible personal property.-Incorporation into and sale as part of the repair of . component part of tangible pelSonal property . Resale of services. tangible personal property by a repair dealer. that is being prOduCed for sale by manufactUring, - Re-:rental as transient rental property. .' compounding; or processing:' . . This certificate cannot be reassigned or transferred... This certificate can only be used by the active registered dealer or its autho.rized employees. Misuse of this Annual Resale Certificate will subject the user to penalties as provided by law. Use signed photocopy for resale purposes. Presented to: Presented bv: ': , . .'ii..i'\, ..',:.!}~\,',':,!:; -~ "7, DATE (MMlDDIYY) ~ 10/1/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ..':',.. PRODUCER .... .'. --;c-:; ,':: .....;,:i.' . i:i'.';"::;'.'""., FOR SERVICE CALL: FRANCIS L DEAN & ASSOCIATES, INC. 1716 S. NAPERVILLE RD., BLDG. B P.O. BOX 4200 WHEATON, IL 60189 (800) 745-2409 www.fdean.com INSURED SPORTS AND RECRECATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: Sugars Drop Shop 6805 Soulhwest 152 Avenue Miami, FL 33193 CERT. #P1GL-102025-01 COMPANY A STARR INDEMNITY & LIABILITY COMPANY COMPANY B COMPANY C COMPANY o COVERAGES ,.:. 7 ..,..,,:;.....',.... '.' '''.', "':'.. ,.' ,." .. .",.' '.,. '.'c' . .....' 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, CO LTR TYPE OF INSURANCE GENERAL LIABILITY f-- A X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 00 OCCUR OWNER'S & CONTRACTOR'S PROT 71NCLUDESATHLETlC I-- PARTICPAt-lTS POLICY NUMBER P1GL-100000-01 AUTOMOBILE LIABILITY "'-=-' ANY AUTO - ALL OWNED AUTOS - SCHEDULEO AUTOS - HIRED AUTOS - NON-OWNED AUTOS - GARAGE LIABILITY = ANY AUTO EXCESS LIABILITY I UMBRELLA FORM I OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' UABIUTY THE PROPRIETOR! PARTNERSlEXECUTIVE OFACERS ARE: RINCL EXCL OTHER Total Certificate Premium: DESCRIPTION OF OPERA TlONSILOCA TlONSNEHICLESlSPECIAL ITEMS Skatepark and Cheeneading Activities CERTIFICATE HOLDER . Sugars Drop Shop 6805 Southwest 152 Avenue Miami, FL 33193 ACORD 25-8 (1/95) .. POUCY EFFECTIVE POUCY EXPIRATION DATE IMMlDDIYYl DATE IMMlDDIYYl LIMITS GENERAL AGGREGATE $ 1,000,000.00 PRODUCTS-COMP/OP AGG $ 1,000,000.00 11/1/2009 11/1/2010 PERSONAL & ADV INJURY $ 1,000,000.00 EACH OCCURRENCE $ 1,000,000.00 FIRE DAMAGE (Anyone fire) $ 300,000.00 MED EXP (Anyone person) $ 5,000.00 COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per acddenl) PROPERlY DAMAGE $ AlITO ONLY-EA ACCIDENT $ OTHER THAN AlITO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ I WC ST ATlJ. I I OTH- TORY LIMITS ER EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE. EA EMPLOYEE $ $937.50 CANCELLATION . ... . .'. .,-, .:.'-. .'<., , , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .' ... ....:.,'.:. Prancis L. (j)ean ;..@ACORDCORPORATlON 1988 ADDITIONAL INSURED ~ Date (MMlODIYY) 10/112009 AGENCY PHONE 800-745-2409 APPUCANT (First Named Insured) I Phone (IlJC. No, Ext): (AIC. No. Ext): FAX 630-665-7294 Sugars Drop Shop (A1C, No,l: FRANCIS L DEAN & ASSOCIATES, INC. 6805 Southwest 152 Avenue 1776 S. NAPERVILLE RD., BLDG. B Miami, FL 33193 P.O. BOX 4200 WHEATON, IL 60187 EFFECTIVE DATE I EXPIRATION DATE I CO/PLAN CODE: I SUBCODE: 11/1/2009 11/1/2010 AGENCY CUSTOMER JD POUCY NUMBER: P1GL-1000OQ-01 ACCOUNT NUMBER: INTEREST I RANK: NAME AND ADDRESS T REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER X ADDITIONAl INSURED Miami Dade County LOCATION: I BUILDING: - 111 NW 1 Street, Suite 2340 VEHICLE: I BOAT: LOSS PAYEE - Miami, FL 33128 MORTGAGE SCHEDULED ITEM NUMBER: - LIENHOLDER OTHER - EMPLOYEE AS LESSOR - ITEM DESCRIPTION: INTEREST I RANK: NAME AND ADDRESS 1 REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER X ADDITIONAL INSURED Mobile Mini, Inc LOCATION: I BUILDING: - I BOAT: LOSS PAYEE VEHICLE: - MORTGAGE SCHEDULED ITEM NUMBER: - OTHER LIENHOLDER - EMPLOYEE AS LESSOR - ITEM DESCRIPTION: INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER ex ADDITIONAL INSURED LOCATION: I BUILDING: f-- VEHICLE: I BOAT: LOSS PAYEE f-- MORTGAGE SCHEDULEO ITEM NUMBER: - LIENHOLDER OTHER - EMPLOYEE AS LESSOR - ITEM DESCRIPTION: INTEREST I RANK: NAME AND ADDRESS T REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER - I BUILDING: X ADDITIONAL INSURED LOCATION: - I BOAT: LOSS PAYEE VEHICLE: - MORTGAGE SCHEDULED ITEM NUMBER: - LIENHOLDER OTHER' - EMPLOYEE AS LESSOR - ITEM DESCRIPTION: INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER - X ADDITIONAL INSURED LOCATION: I BUILDING: r-- I BOAT: LOSS PAYEE VEHICLE: r-- MORTGAGE SCHEDULED ITEM NUMBER: r-- LIENHOLDER OTHER I-- EMPLOYEE AS LESSOR I-- ITEM DESCRIPTION: INTEREST I RANK: NAME AND ADDRESS T REFERENCE It: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER ~ ADDITIONAL INSURED LOCATION: I BUILDING: LOSS PAYEE VEHICLE: I BOAT: '-- MORTGAGE SCHEDULED ITEM NUMBER: - LIENHOLDER OTHER - EMPLOYEE AS LESSOR - ITEM DESCRIPTION: INTEREST I RANK: NAME AND ADDRESS I REFERENCE #: I I CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER - X ADDITIONAl INSURED LOCATION: I BUILDING: - I BOAT: LOSS PAYEE VEHICLE: - MORTGAGE SCHEDULED ITEM NUMBER: - - LIENHOLDER OTHER EMPLOYEE AS LESSOR - ITEM DESCRIPTION: SWOR1~ STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This s)t'~rn stateme~t is submitted ~\ C\.".-../' \ to L\\-\{ 0:1:: '!JlX\f\Y ~_.e_C:; ~~D ;~_~~i~~\:~\lJ~r:'~ \o(s~-h~b,d PCir\( whose bUS~"';SS ad~s is ~ \05 ,Q ve (\\\~("('\\ I ~ L ~2> \ 2> ~ and (if applicable) its Federal Employer Identification Number (FEIN) ~1-080~~ l7 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287 .133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity come. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which one (1) of ,the following three (3) statements is applicable.) ~ (1) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. R(2) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. tL (3) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERST AND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE CATEGORY TWO OF ANY CHANGE IN THE ~~RMA TIpN CONTAINED IN THIS FORM. U1LJ (- . ~.<'e~ \..-e-COl J( SIGNATbRE OF AFFIANT (Prmted or Typed Legal Name of Affiant) - STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) Th .fore oilJp; Form was acknowledged before me thi~V?1.y ofj;plM4".le10, by u::.c..o () Ie , as Ov.) E.I\....' of ~A 't> L Va Florida corporation, on behalf of said corporation and limited partnership. He/She personally appeared before me and is personally known to me. Not~Y:rI1i!t~ Print Name 16 /1100 '-\. ~ Notary Public, State 0 Florid';'/~ (31. h My Commission Expires: .;7, ~u tOI// I I -' ~Clc., Notary Public Stale of Florida ~ ~...,. Stanley Moore ~ c : My Commission 00826464 '"I'; o~ Expires 09128/2012 OI'fI.' NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE The undersigned being first duly sworn as provided by law, deposes, and says: 1.1. This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said City, in any consideration which may give to and any action it may take with respect to this proposal. to make this Affidavit on behalf of, (" (Name of Corporation, Partnership, lndi' oJ, 'e~'), a corporatio duly organized and existing under the laws of the State of \=\C' \ O(). of which he is 0 t..u~ ('" (Sole Owner, Partner, President, etc.) 1.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 1.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this proposal by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. 1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that such person, firm or corporation, shall refrain from Proposing, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other Proposer; and all statements contained in the proposal or proposals described above are true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 1.2, has directly or indirectly submitted said proposal or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ~(\e. l ~r ('\1 )( AFFIANT'S NAME 0\ 1 ~(\f'_{ AFFIANT'S TITLE The foregoing Affidavit was acknowledged before me thislsl1Jl day of~~;-ZOlO, by ft...A.i;;' ~ COull.- , as IJw.u~/t. of )0 hA ) VI\../) fJ )JJOfJ tL( ~ a Florida corporation, on beh;lf of said corporation and limited partnership. He/She personally appeared before me and is personally known to me. { NOTORIAL SEAL} Notary: aJII ~!W.. Notary Public State of Florida ~ ~r~ Stanley Moore ;, c ; My Commission 00826464 ~ Of ~Q" Expires 09128/2012 Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Susan Simpson, Cultural and Human Services Director DATE: 10/14/2010 RE: Resolution to approve an agreement with Sugars Drop Shop, LLC for Skateboard Park Concessionaire and Management RECOMMENDATION: It is recommended that the City Commission approve the attached agreement with Sugars Drop Shop, LLC for Skateboard Park Concessionaire and Management. REASONS: The City is in the process of constructing a Skateboard Park at Town Center Park located at 17200 Collins A venue. The Skateboard Park will have a concession stand and require an entry fee. Through RFP No. 10-08-03, the City solicited bids for a vendor to manage the skateboard park area, collect skateboard park admission fees, and provide concessions to all park patrons. Sugars Drop Shop was the only respondent to the RFP. Sugars Drop Shop is an experienced skateboard park operator with over 10 years of experience. They are family owned and operated and are certified sports coaches. They currently provide skateboard park management services to 3 Miami-Dade County Parks and their references confirmed their reputation as a very competent organization with good skateboard park management skills. They are known to establish a relationship with the park patrons that has proven to be successful in maintaining a clean, respectful skating environment. This agreement will provide for a minimum of $450 monthly income to the City. It also provides for additional revenues when there is an opportunity for camps or special events. The City will assist in marketing these camps through it's in-house media formats to attract participants and thereby more income. ADDITIONAL INFORMATION: Per agreement, they will offer a discounted entrance fee rate to City residents. Although http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=361 &MeetingID=O&MeetingDate... 10/8/2010 Preview Page 2 of2 the rent is not substantial, the City will have very little expense in providing this amenity to its residents. Utilities, minimal hardscape and landscape maintenance and trash removal will be covered by the City. FUNDING SOURCE: There are no funds required for this agreement. It is an agreement that will provide income to the City. http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=361 &MeetingID=O&MeetingDate... 10/8/2010