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HomeMy WebLinkAboutReso 2010-1643 RESOLUTION NO. 2010 --1.k.13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH TOBY'S CONCESSION SERVICES, INC. FOR CONCESSIONAIRE SERVICES AT PELICAN COMMUNITY 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 concessionaire operate concessionaire services at Pelican Community Park, located at 18115 North Bay Road; and WHEREAS, the City is now in need of a Concessionaire to operate concessionaire services at Pelican Community Park, and issued and advertised Request for Proposals (RFP) No. 10-08-02, for Concessionaire Services for the Pelican Community Park, for which no responses were received; and WHEREAS, staff went out in search of a contractor, and has determined that the proposal from Toby's Concession Services, Inc., is the lowest responsive responsible bid, and is willing and able to perform concessionaire services; and WHEREAS, the City wishes to enter into an agreement with Toby's Concession Services, Inc. to provide concessionaire services for the Pelican Community Park, in an amount to be paid to the City often percent (10%) of the concessionaire's gross fees from sales received by the Contractor monthly, 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. Approval of Agreement. The City Commission hereby approves the agreement with Toby's Concession Services, Inc. for concessionaire services at the Pelican Community Park, attached hereto as Exhibit "A". Section 3. Authorization of Mayor. 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. PASSED AND ADOPTED this 18th day of November 2010. R2010- Concessionaire Srvs at Pelican Community Park Page I 01'2 ATTEST: ~~A~ Jane A. Hines, CMC, City Clerk Vote: S-o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl viY es) --5JrY es) (Yes) :;;,CY es) _(Yes) R201O- Concessionaire Srvs at Pelican Community Park Page 2 01'2 v;, ~ Moved by: C.b~~~21~ C'.t> ~~~ ~ \-\ \:) \..-L Seconded by: _(No) _(No) _(No) _(No) _(No) CITY OF SUNNY ISLES BEACH AGREEMENT WITH TOBY'S CONCESSION SERVICE, INC. FOR CONCESSIONAIRE SERVICES FOR THE PELICAN PARK CONTRACT NO. CIOII-009 THIS CONTRACTOR AGREEMENT made and entered into this l ~t1I day of t-1o~~ 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 TOBY'S CONCESSION SERVICES, INC., 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 Pelican Community Park located at 18115 North Bay Road ("Services"); 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. 2. SERVICES TO BE PERFORMED. Contractor shall perform the required services in compliance with the terms and conditions specified in Attachment "A" which are incorporated herein. 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 concession stand area located at Pelican Park. 3. PAYMENTS TO THE CITY. In consideration for the terms of this Agreement, the Contractor shall pay the City ten percent (l 0%) of the concessionaire's gross fees from sales received by the Contractor. 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 (loth) 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 (l0%) 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. Upon each monthly payment to the City, Contractor shall provide the City with an accounting, certified as to its accuracy by a representative of Contractor, showing the sales upon which such payment is based. Contractor agrees upon request of City to make available to the City and their authorized employees and agents the Contractor's books, accounts, records, reports, files and other papers, pertaining to purchases and sales under this Agreement. r ' ;. 4. SECURITY DEPOSIT. Contractor shall deposit and maintain with City a $450.00 (four hundred and fifty dollar) security deposit to the City at least seven (7) calendar days prior to commencing services under this agreement. The Security Deposit shall be held by City and may be applied at the City's sole discretion against any unpaid fees, 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 (1) year commencing upon the execution of this agreement and ending one (1) year thereafter, unless terminated sooner pursuant to paragraph 14 of this Agreement. This term may be extended for an additional one (l) 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 TOIDESTRUCTION 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 (1/2) 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. 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. 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 EQUIPMENT: The City hereby grants to Contractor the right to use the microwave, industrial refrigerator/freezer, the ice cream freezer, the industrial ice machine, and the coffee pot located within the concession area. The Contractor shall be responsible for the financial costs associated with the maintenance, repair and/or replacement of the aforementioned equipment in the event of damage due to the Contractor's negligent acts, errors, omissions, intentional acts or other wrongful conduct of the Contractor, or their agents, or other personnel entity acting under Contractor's control. In the event any such maintenance, repair and/or replacement is necessary, Contractor shall contact the City prior to undertaking any maintenance, repair and/or replacement. Contractor is not authorized to incur any cost on behalf of the City, without the City's written approval, regarding any such maintenance, repair or replacement. Contractor shall not install, or use, any additional equipment within the concession area without the written consent of the City. Such consent shall not be unreasonably withheld. Any such additional equipment shall be installed, maintained, repaired and/or replaced at Contractor's cost, unless otherwise agreed to in writing by the City. 11.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The City has the right to inspect and approve the prices and rates of food and beverages sold in the concession area. 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 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. 11.08 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. 11.09 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. · Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. 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 REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 11.10 CONTRACTOR'S MAINTENANCE: Except as otherwise provided 111 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. 11.11 SECURITY BACKGROUND CHECK: A security background check will be required for any employee of the Contractor performing services under this Agreement. At the Contractor's sole cost and expense, the Contractor and their employees who perform services under this Agreement shall be required to have a Florida Department of Law Enforcement ("FDLE") Florida Crime Information CenterINational Crime Information Center ("FCICINCIC") background/criminal records check. The City shall have full discretion to require the Contractor to disqualify, prevent, or remove any employee due to failure to meet this security background check requirement. The Contractor shall provide sufficient proof to the City that they have performed the above mentioned background/criminal records check prior to performing services under this Agreement. The Contractor shall ensure that only their properly designated employees listed with the City Manager or his designee be permitted to provide services under this Agreement. 11.12 FOOD HANDLING GUIDELINES. The Contractor shall comply with Miami Dade County's minimum operating standards for foodservice, as more particularly set forth in the attached Exhibit "B". 12. OBLIGATIONS OF CITY - 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. CITY'S RESERVATION OF RIGHTS: The City reserves the right to operate the concession area with its own food and beverage supplies, at its sole cost and expense, in the event the Contractor is unable to perform Services either a) at any particular time/date within the approved operating hours, or b) any requested hours outside the approved operating hours with at least 24 (twenty four) hours advance notice from the City. In such an event, the Contractor shall incur no cost or expense, nor shall Contractor receive any revenues, during the period of time the City operates the concession area with its own food and beverage supplies. 14. 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[ s]) 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. lll. 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; and 4. Continue and complete all parts of that work that have not been terminated. 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 ten (10) 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. 15. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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. 16. ASSIGNMENTS. 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. 17. 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. 18. 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 she is unavailable, then to Rick Conner, City Manager for approval prior to the commencement of any work. Services performed without authorization by Susan Simpson, or the City Manager, Rick Conner, shall be considered unauthorized and shall not be compensated/paid by the City. 19. TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any 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. 20. 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. 21. 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. 22. 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, Chris de la Hoz, President and CEO, Toby's Concession Services, Inc. 10811 NW 29th Street, Miami, Florida 33172. 23. 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. 24. 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. 25. NON-DISCRIMINA TION. 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. 26. 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. 27. ENTIRE AGREEMENT. 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. 28. AMENDMENT. 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. 29. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: It;J [~~ Mc?rc~k~~, ,,\lv..;'--- Print Name TOBY'S CONCESSION SERVICES, INC. BY.~ .~-- ~- ChrIS de la-Hoz;-Ptesldent and CEO WITNESSES: Signature Print Name ATTEST: CITY OF SUNNY ISLES BEACH ;) tfJ14f/'4 ~ I Norman S. Edelcup, May BY~ A-~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SIt NCY J; r "Toby's commitment to concessions excellence is second to none." -Chris de La Hoz, Principal Executive Summary Toby's Concessions Services is South Florida's leading parks concessionaire, with operations throughout Broward County, including the Broward County Parks System, the Town of Davie Parks and the City of Parkland Parks. Toby's is a minority owned small business, but is an experienced prime contractor that has also provided concessions in major South Florida stadiums and events throughout the country. Additionally, Toby's is the proprietor of its signature Toby's Frozen Lemonade, a gold standard staple for concessions at events and stadiums in South Florida. Toby's is a true American success story, having started with a single concessions cart outside of Dolphin Stadium just over twenty years ago. Toby's has grown its business following very simple principles: outstanding service, food quality and pricing leads to satisfied, repeat customers. Toby's rigorously trains its employees to offer outstanding service and to maintain a clean, safe, and pleasant concessions environment. Toby's has an outstanding track record for improving local concessions services, leading to greater satisfaction and larger revenues for local governments. For example, Toby's took over concessions three years ago in the Town of Davie, invested in concession upgrades, and now offers regular, scheduled service to the City's parks and sports leagues. That contract was renewed by the City of Davie last month. Likewise, Toby's had steadily expanded its presence in Broward County Parks, where it started at Central Broward Regional Park, and has expanded its presence to all of Broward County's Parks, including its water parks. These parks now have regular service and upgraded concessions, as well as mobile concessions in key underserved locations. In short, Concessions is Toby's business, and we love what we do. We offer both stand- alone and mobile concessions options. Thank you for the opportunity to present this proposal. ATTACHMENT "A" ~ Toby's Concessions "Toby's Concessions will bring concessions excellence to the City of Sunny Isles and its outstanding park system. We will increase revenue and customer satisfaction by investing in the best equipment, providing responsive service and availability and by serving the highest quality concessions, including National Brands, nutritious choices and homegrown favorites like our famous Frozen Lemonade." ~~ ~~cifl -~ ~~ ~~~ f31m]~ ., , , -- .... -..~' ~.:..;.:-,..~.1;" ,. ........ .;,~ ",,,' - ~rnEf;~:~i"~:. . ~.d,t;Il ~~..".....,...,',;..., , . ..... .::.,,:;,\~~~;,.:. .. . ~~F:jf]';:C. =...~ It!JrnIl ~~ ~~ ~~~ ~ '-"-,.:n)1 ~ "/','" '.. .~ ".-," ~~'. '-,:-, <~ ."_;',, ,",,', _.;<c,.._,-< -' -. ,...,>.......,..-'... " "; "c-:,'_"'-;>:"".--"-'-":' ;::_:':;/;:';.~;::h.;.->::.:... ~~ ~. : '>:;':S~d:~;t.;(;>.;...' ) Additional Important Information . Firm Name: Toby's Concessions Services Inc. . Principal Office Address: 10811 NW 29th Street, Miami, FL 33172 . Official Representative: Chris de la Hoz, President and CEO . Type of Organizational: Florida Corporation, Incorporated: October 28,1996 . Federal ID Number: 0754149 . Toby's is Authorized to do business if Florida . Toby's is Financial Sound: Please refer to the attached letter from Bank of Atlantic confirming Toby's financial stability and capability. Additionally, we have attached letters of reference from out suppliers. . Toby's has never filed for bankruptcy. . Toby's is in excellent standing with each of its government clients and has always met its contractual obligations. Toby's enjoys outstanding relations with its clients and has never been subject to censure or debarment proceedings by any government entity. . Toby's has never been accused or convicted of a Public Entities crime. . Toby's has never been accused of criminal proceedings. . Toby's has never been disbarred. . Toby's has all permits, licensing and business coverage necessary for all of its contracts. We have provided documents evidencing such liability coverage, and upon contract negotiations City of Miramar will be noted as an additional insured. We have also included letters from our financial institutions and our accountant attesting to the strength of out long-term business relationships and accounts with various suppliers. . Toby's is a Drug-Free Workplace policy. · Toby's offers a drug-free workplace, as defined by s. 287.087 Fla. Stat. (2007) . Toby's offers domestic partner benefits-eligible employees . Toby's is a combination producer / distributor and vendor of snack and beverage concessions ~ Statement of Qualifications · Toby's is one of South Florida's most experienced local concessionaires. Our expertise comes from over a decades of high-profile concessions including: o Local Food Concessions, including Central Broward Regional Park, Broward County Parks and Water Parks, Town of Davie Pine Island Park, All of the City of Parkland Parks and many other high traffic concessions areas such as Hollywood Park Beach. o Major Stadiums, including the Orange Bowl, Pro Player Stadium, Bank Atlantic Center, Mark Light Stadium, Lockhart Stadium and smaller venues including high schools and municipal stadiums. o Major Events, including NASCAR, music festivals, Calle Ocho festival, Caribbean-American Mardi Gras Parade and the Air & Sea Show. o Destination Foodservices, including our 50-seat restaurant, concession and catering services at Palmetto Golf Course. · Our areas of expertise include concessions, restaurant services and catering. We are able to meet all Sunny Isles Park's needs. Technical Information ~~. u - r:.'~ ;:~?t !l," rf" J ,fti'i!i;,~,.... Oi' . ? t , 1- _ . Chris de la Hoz, the owner of Toby's Concessions has been in the concessions business for 20 years, starting with a single concessions cart. Toby's was incorporated as Toby's Frozen Lemonade in 1996. The company was re-branded Toby's Concessions Services, Inc. in 2005 to emphasize its general concessions expertise. Toby's has outstanding financial capability as evidenced by the enclosed bank reference letter from Bank of America. Additional information, including financial statements, will be provided upon request. Toby's has had no material litigation or litigation involving local, state or federal governments in the past three (3) years. Toby's is a "green" company and encourages on-site recycling programs in its parks. Toby's employees are trained for situational awareness, which includes maintaining a clean, garbage free concession area. Toby's is a socially responsible company with significant ties to the community. For example, Toby's serves as an emergency responder, distributing food and water following major South Florida hurricanes. Toby's will invest in local employees in the City of Sunny Isles, and strives to be a good corporate citizen. . . . . ~I Examples of Public Facilities Served by Toby's Q(i. - I. · · Central Broward Regional Park - Including the Aquatic Center · Broward County Parks and Water Parks (e.g. CB Smith Park, T Y Park, Quite Waters Park, Brian Piccolo, etc.) · Town of Davie Pine Island Park · City of Parkland (All Parks) Hollywood Park Beach Fort Lauderdale Air & Sea Show · Lockhart Stadium in Fort Lauderdale · Miami Metro Zoo · Miami Seaquarium · Mark Light Stadium at the University of Miami · Bonaroo Music Festival in Tennessee. , ~) Other Relevant Experience , · Toby's food and beverage concession experience also includes other projects, such as: · Dolphin Stadium Bank Atlantic Center (formerly Office Depot Center) · Daytona 500 / Pepsi 400 · Homestead Miami Speedway Races · NASDAQ Tennis Center · Miami Arena fOI tid~h Qnd information viiil www (o(onut9rOyenrhl~\t eoi'll · Phish Concert, Everglades Indian and Coventry, Vermont o _II!'" 1\1,j~IU. .. !t..fRCY ;, AIl!1al! ,l:I mIamI 611.....~.:~~ ~ ~ ~J, =o;,,(,,",",,"-'~:'J ~nl . Art Deco Festiva I - Mia m i Beach, · Coconut Grove Art Fest · Bonsai Miami · Bayside Miami Marina Boat Show · Carnival Miami's "Calle Ocho" for Kiwanis · Parrot Jungle & Gardens · Fairchild Tropical Garden · Orange Bowl \ Town of Davie: A Toby's Success Story · When Toby's took over the Town of Davie Pine Island Park Concessions, the facilities were in serious need of updating. · Toby's invested in new equipment and refurbished the concession. The results were improved service, satisfaction and higher sales. Before Toby's: old equipment, stale paint and under-utilized space. i aric Pin Island Park j (Before Toby1s Concessio 's After Toby's: new and refurbished equipment and a clean presentation. .. .. The result: higher sales, and happy customers. ) I Toby's is committed to keeping Miramar safe and clean. · In addition to our spotless uniforms and great customer service training, we also train our employees for environmental awareness. · Our employees are trained to watch the surroundings and communicate with police and other officials. We have experience in child-friendly environments. · Our employees carry two-way radios. · We know that nothing ruins a snack like over-flowing garbage. Our team works with the park to clean up litter and will help institute a recycling program. "..,.,...~ .....~.. ".. ""~>\ .'1 ~, ~ " Key References Broward County Parks & Recreation Prime Contractor, System-wide Concessions Toby's serves as the County Parks Systems food and Beverage concessionaire. Toby's operates in the parks, sports facilities and water parks. Result: Toby's has operated successfully for the past two years in Broward County Parks including Water Parks, like CB Smith, TY . Toby's has increased sales and revenue. Contract Manager: Sarah Perkins 950 N. W. 38th St. Oakland Park, FL 33309 954- 357 -8100, sperkins@broward.org Town of Davie Parks & Recreation Prime Contractor, System-wide Concessions Toby's serves as the City Parks Systems food and Beverage concessionaire. Toby's operates in the parks, sports and pool facilities. Result: Toby's has operated successfully for the past three years and was recently renewed by the City Commission. Contract Manager: Dennis Andresky 3790 Davie Boulevard, Davie, FL 33039 (954) 797-1145, dandresky@davie-fl.gov Town of Parkland Parks & Recreation Prime Contractor, System-wide Concessions Toby's serves as the City Parks Systems food and Beverage concessionaire. Result: Toby's has operated successfully in Parkland increasing sales and revenue for the City. Director: Scott Davidoff 6600 University Drive Parkland, FL 33067 (954) 757-4126, sdavidoff@cityofparkland.org, ~ Methodology & AJlproach Food and Beverage Concession Stand · Toby's Concession plan for Sunny Isles Park emphasizes aesthetics: no detail is left untouched, from food counters and equipment to food selection, presentation, and employee training. · Equally important is Toby's absolute emphasis on food safety, sanitation and handling. The safety of our costumers is our number one priority, and there is a positive correlation between presentation sanitation and sales. · Our comprehensive staff training stresses environmental awareness: our employees are trained to keep surroundings areas clean and to develop friendly relationships with park law enforcement to ensure the safety of the community. . Toby's plan will incorporate capital improvements in concession stands and equipment. . Minority owned, Toby's understands the importance of being an equal opportunity employer, and prides itself on employing a diverse staff, as well as providing a new source of jobs for the City during these difficult times. · Toby's services its own contracts - No Middlemen- and the City receives more money from Toby's because we share gross sales. · All City and Park standards, including the menus and products, hours of operations, equipment, personal uniforms, site cleaning, signage will be adhered to by our entire staff. I _J ......., ~ . ~ -t ...:---.. . ) We have the most experienced Concessions personnel in South Florida. Our key personnel include: o Chris DelaHoz, Principal and Founder .:. Founder of Toby's. .:. Over 20 years of Concessions Industry Experience. o Liliana Llach Delahoz, Vice President .:. Over one decade of experience running Toby's Concessions Operations. .:. Currently runs Toby's financials, planning and logistics. Has overseen Toby's rapid growth. o Alan Goodman, Regional Manager .:.20 years of experience in the food industry .:. For the past two (2) years, has served as Toby's Regional Manager, empowering our employees to please our customers. o Millen Cruz, Operations Manager .:. For the past three years has served as operations manager for Toby's in Broward County Parks ~I Organizational Chart · Toby's organization chart showing all individuals to be assigned to this project is enclosed here. City of Sunny Isles Residents / Customers Toby's Concessions Chris de la Hoz, President Ulliana L1ach, Vice President Operations Alan Goodman Our Highly Trained & Motivated Staff " , Conclusion: Why Toby's? · South Florida's most experienced park and aquatic park concessionaire. · Best financial proposal: Toby's has a proven record of increasing sales, delivering outstanding customer service, and increasing returns to mu nicipalities. · Toby's will like to offer 100/0 of the sales to the City of Sunny Isles. · Toby's would like to be the exclusive vendor for Mayor Special Events and will offer the City 200/0 of the sales · Would like to participate at the Booogie by the Beach Event 2010 for a flat fee · Impressive record of successfully improving and managing local concessions. · Full service (food & beverage). Toby's is a minority owned firm and requires no subcontractors to perform all aspects of work required. "t ATTACHMENT "B" Minimum Operating Standards for Foodser.vice FOOD HANDLING AND PRODUCTION Contract Officer or Park/Facility Manager · May direct the Foodservice Contractor to improve the quality of his offerings and the method in which they are produced, held, and served. · At all times the Contract Officer and/or the Facility or Park Manager shall have access to all foodservice facilities and areas. Foodservice Employee Hygiene · Employees with boils, infected wounds, respiratory infections, or other communicable diseases shall be prohibited in areas where there is a likelihood of transmission of disease to patrons or to other employees. · Employees shall be prohibited from smoking or using other tobacco products in any form while in food production or service areas. · Employees shall thoroughly wash their hands and exposed portions of their arms with soap and warm water before starting work. during work. or as often as necessary to keep them clean, especially after smoking. eating, drinking, or using the restroom. · Employees shall keep their fingernails clean and trimmed. · Employees will consume food only in designated areas. · Employees will wear hairnets or hats to keep hair from contaminating food. · Uniforms shall be kept clean. One contact with soiled clothing is enough to start the contamination cycle: from clothing to hands to food. · Employees who may come Into contact with food shall use disposable latex or plastic food handler's gloves. They are to be changed after each task with hand washing and sanitizing in between glove changes. Minimum Purchase Specifications · All meats, meat products, poultry, poultry products, and fish must be U.S. Government inspected. · Beef, lamb, and veal shall be U.S.D.A. Grade Choice or betler. . Pork shall be U.S. NO.1. . Poultry shall be U.S. Government Grade A. · Fresh fish and seafood shall be top grade; frozen fish and seafood shall be a nationally distributed brand, packed under continuous inspection of the U.S.DA . Dairy products: o Eggs- fresh U.S.D.A. or state graded "A". o Buller- U.S.DA Grade "A" (92) score. o Cheese- U.S.D.A. Grade "AU for all graded cheese. o Milk and milk products- U.S.D.A. Grade "AU. · Fresh fruits and vegetables- U.S.D.A. fancy to U.S.D.A. Number "1" shall be used for all graded fresh vegetables and fruit as a minimum specification. · Dry stored items and canned goods- Grade "g fancy. · Frozen fruils and vegetables. U.S.DA Grade "Au. Cross-Contamination Prevention of Food 1 · Raw meats, fish, and poultry shall be prepared in separate areas from produce or cooked and ready-to-eat foods. (If space is unavailable. these items shall be prepared at different times.) · Specific equipment shall be assigned (culling boards, utensils, and containers) to each type of food product. · After each task, all work surfaces, equipment, and utensils used shall be cleaned and sanitized. · Cloths or towels used for wiping spills shall not be used for any other purpose. · Alllransporlation of food will be made in enclosed containers. Thawing of Food 2 · Foodservice Contractor shall utilize only the following procedures (one or more) to thaw food. Any other means will be unacceptable. o In a refrigerator at a temperature of 41"F (50C) or lower. o Submerged under actively running potable water at a temperature of 700F (210C) or lower. o In a microwave oven. o As part of a cooking procedure, given the product meets the required minimum internal cooking temperature. Cooking of Food 3 · Prior to cooking, food will be handled properly. · Minimum internal cooking standards shall be reached and held for the specified amount of time per food product. (All thermometers utilized shall be properly calibrated.) o Poultry- 1650F (740C) for 15 seconds. o Stuffing, Stuffed Meats. Casseroles and dishes that combine raw and cooked food- 1650F (740C) for 15 seconds. o Pork- 1450F (630C) for 15 seconds. o Ground or Flaked Meats- 1550F (680C) for 15 seconds. o Beef or Pork Roasts- 1450F (630C) for 3 minutes. o Beef Steak, Veal, Lamb, or Commercially Raised Game Animals- 1450F (63"C) for 15 seconds. o Fish or Food Containing Fish- 145"F (630C) for 15 seconds. o Shell Eggs (for immediate service)- 1450F (630C) for 15 seconds. Cooling of Food 4 · Food that will not be served immediately shall be cooled as quickly as possible. The Foodservice Contractor shall utilize only the below means 10 cool food; any other means will be unacceptable. o One stage method- cool hot cooked food from 1400F 10 410F (600C to 50C) within four hours. I National Reslauranl Assoclallon. ServeSafe0 Essentials. U.S.A. 1999. l Ibid. 3 IbId, 4 Ibid. o Two stage method- cool hot cooked food from 1400F to 700F (600C to 210C) within two hours, and then to 41 of (50C) or lower in additional four hours (total cooling lime of six hours). · Food that cannot cool within the aforementioned time parameters shall be discarded, without exception. Food Time and Temperature Control 5 · Thermometers shall be available in areas where needed and employees shall be trained to use them properly. · Time and temperature controls shall be built Into each recipe. · Only freshly prepared products shall be served. Cook. hold and cool (if necessary). No leftovers will be used. · Food will be discarded if it spends more than four hours total in the temperature danger zone, which is defined as 410F to 1400F (50C to 60oC). Food Packaging · Foodservice Contractor shall comply with Department policy prohibiting the use the below items: o Straws o Glass Bottles o Metal Cans o Glass Containers Contractor shall adhere to a Hazard Analysis Critical Control Point plan (HACCP), which is outlined In subsequent Sanitation and Food Safety section. The Contract Officer must approve this HACCP plan. SANITATION AND FOOD SAFETY Upon receipt, the Foodservice Contractor shall make available all heath department inspections to the Contract Officer and or Park/Facility Manager. All foodservice employees shall possess current food handlers' certification from the governing local or state jurisdiction. All foodservice managers shall possess a valid National Restaurant Association ServSafe@ certification. Foodservice Contractor will implement a physical plant cleaning schedule for all outlets operated. This plan must be submitted to and approved by the Contract Officer. HACCP Plan 6 Although HACCP plans currently are not mandated by every health department, many are beginning to require them. Therefore, the Foodservice Contractor shall create and codify a HACCP plan. This plan will describe the procedures to be followed in order to: · Identify foods and procedures most likely to cause food borne illness. 'Ibid. o IbId, · Develop procedures that will reduce the risk of a foodborne illness outbreak. · Monitor procedures to keep food safe. · Verify that the food served will be consistently safe. Plan Principles The plan created, written, and strictly followed by the Foodservice Contractor shall consist of the seven basic HACCP principles. · Conduct a Hazard Analysis. · Determine Critical Control Points. · Establish Critical Limits. · Monitor Critical Control Points (regularly). · Perform Corrective Action (as necessary). · Verify Procedures (regularly). · Establish Record-Keeping and Documentation Procedures (on-going). Plan Implementation Once the HACCP plan has been submitted and approved by the Contract Officer, the Foodservice Contractor will implement It. Logbooks shall be created and consistently used to regularly document activities. Examples of records include time-temperature logs, procedures for taking temperatures, standard operating procedures, calibration records, corrective aclions, monitoring schedules, employee hand washing, and product speclficaUons. Contract Officer and/or ParklFacility Manager shall have full access to these logbooks. CUSTOMER STANDARDS AND PROCEDURES In addition to service standards agreed to by the Foodservice Contractor (Second Amendment to License and Concession Agreement dated 4 March 1986 section 6 titled Service Standards), the Foodservice Contractor will: · Regularly conduct quarterly customer service seminars with all foodservlce employees. · Recognize and accommodate the needs and preferences of a diverse customer base by providing through varied men51 u choices. · Ensure customers will be greeted with a courteous greeting and thanked for each sale. · Provide sufficient resources to insure that no wait in line is longer than 5 minutes from the lime of entry until an order is taken and not more than 4 minutes from the placing of an order for the delivery of food. · Develop a marketing plan with monthly promotions and submit to Contract Ofricer in advance. PREVENTIVE MAINTENANCE PROGRAMS Foodservice Contractor will provide and pay for routine maintenance and repairs for all Contractor-owned equipment. Client will provide and pay for routine maintenance and repairs for all foodservice equipment. Equipment Records . For each piece of equipment, the Foodservice Contractor shall prepare and maintain equipment records as part of the preventive maintenance program. Records may be prepared and maintained either manually or electronically (computerized). . Contract Officer shall have full access to these equipment records. . The equipment record shall be the comprehensive record of history for each piece of equipment. o The initial step in this preventive maintenance program will be to comprehensively inventory all foodservice equipment. o Each piece of equipment shall have an equipment record filled out completely. o These records shall be regularly maintained . The following items shall be included on the equipment record card for each piece of equipment. o Maintenance Service Log number. o Maintenance Service Log location. o Equipment type. o Inventory number. o Date purchased. o Date installed. o Manufacturer. o Model number. o Serial number. o New/used at date of purchase. o Company/person purchased from. o Utility information. o Standard warranty information. o Safety requirements. o Additional warranty/service contract informallon. o Services and parts manual location. o Preventive maintenance information location. o Replacement parts log. o Additional information/comments. Maintenance Service Log . The purpose of this Log shall be to record all service performed for each piece of equipment. . Foodservice Contractor shall maintain and update (as needed) this detailed specific record of service performed on each piece of equipment. · Information contained within this Maintenance Service Log shall Include: o Extent and frequency of repair. o Evaluation of preventive maintenance costs (parts and labor). o Adjustment of preventive maintenance schedules respective of cost Impact. o Parts and labor costs to assist in developing financial projections. o Information to determine equipment depreciation and replacement costs (to make decisions on whether to repair or buy new). Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEl\1 QRANQUM TO: The Honorable Mayor and City Commission FROM: Susan Simpson, Cultural and Human Services Director DATE: 11118/2010 RE: Approval of an Agreement with Toby's Concession Services, Inc. for Concessionaire Services at Pelican Community Park RECOMMENDA TION: It is recommended that the City Commission approve the attached resolution to enter into an agreement with Toby's Concession Services, Inc. for Concessionaire Services at Pelican Community Park as a source of revenue to the City as well as providing a service to park patrons. REASONS: The City issued RFP No. 10-08-02 for Concessionaire Services for Pelican Community Park. At Bid Opening, no proposals were submitted. Subsequently other vendors were contacted and only one proposal, from Toby's Concessions Inc., was offered. This agreement will provide for Toby's to operate the Concession Stand at Pelican Community Park located at 18115 North Bay Road and in return will provide the City with 10% of gross sales. The City will be responsible for the utilities for the concession area and general janitorial services. All other expenses related to the operation of the Concession Stand such as personnel, products, equipment, etc. will be the responsibility of the contractor, Toby's Concessions Inc. FUNDING SOURCE: Funding is not required for this item as it is an agreement that provides a revenue to the City. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=389&MeetingID=O&MeetingDat... 11 /l2/20 10