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
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Moved by:
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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.
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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
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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
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Norman S. Edelcup, May
BY~ A-~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SIt NCY
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"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."
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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
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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.
.
.
.
.
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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.
,
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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
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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.
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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.
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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