HomeMy WebLinkAboutReso 2011-1699
RESOLUTION NO. 2011 -lLa9.- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 11-02-01
TO AND ENTERING INTO AN AGREEMENT WITH SNACK TIME
LLC. CONCESSION SERVICES, INC. FOR CONCESSIONAIRE
SERVICES FOR SAMSON OCEANFRONT PARK, ATTACHED
HERETO AS EXHIBIT "A", BASED ON THE PRICING, TERMS,
AND CONDITIONS LISTED IN THE BID RESPONSE, A TT ACHED
HERETO AS ATTACHMENT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has long desired to have a concessionaire operate
concessionaire services at Samson Oceanfront Park, located at 17425 Collins Avenue; and
WHEREAS, the City is now in need of a Concessionaire to operate concessionaire services
at Samson Oceanfront Park, and issued and advertised Request for Proposals (RFP) No. 11-02-01,
for Concessionaire Services for the Samson Oceanfront Park, for which one response was received;
and
WHEREAS, Snack Time LLC. Concession Services, Inc. is willing and able to perform
concessionaire services; and
WHEREAS, the City wishes to enter into an agreement with Snack Time LLC. Concession
Services, Inc. to provide concessionaire services for the Samson Oceanfront Park, in an amount to be
paid to the City a flat rate of Three Hundred Dollars ($300.00) per month for the first two (2) years
and Four Hundred Dollars ($400.00) a month for the optional third and fourth year under this
Agreement, attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid
No. 11-02-01 to and enters into an agreement with Snack Time LLC. Concession Services, Inc. for
Concessionaire Services for Samson Oceanfront Park, attached hereto as Exhibit "A", based on the
pricing, terms, and conditions listed in the bid response, attached hereto as Attachment "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
R20 11- Concessionaire Srvs Samson Oceanfront Pk Agmt (Bid 11-02-01)
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things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21st day of April 2011.
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ATTEST:
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Jane A. Hines, CMC, City Clerk
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APPROVED AS TO FORM
AND EG SUFFICIENCY:
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
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V(Y es)
~(Yes)
V (Yes)
Moved by: Co~ SC.l--kLlL.
Seconded by: :11'~ m~ ~1\-L'iJC
_(No)
_(No)
_(No)
_(No)
_(No)
R20 11- Concessionaire Srvs Samson Oceanfront Pk Agmt (Bid 11-02-01)
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CITY OF SUNNY ISLES BEACH
AGREEMENT WITH SNACK TIME LLC
FOR CONCESSIONAIRE SERVICES
FOR THE SAMSON OCEANFRONT PARK
CONTRACT NO. CIOII-036
A TillS CONTRACTOR AGREEMENT made and entered into this 'Z-i ~y of
~ 2011 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal corporation of the State of Florida, (hereinafter referred as to "City") and SNACK
TIME LLC, a Florida corporation, authorized to do business in the State of Florida,
(hereinafter referred to as "Contractor").
WHEREAS, City acquired the property located at 17425 Collins Avenue in Sunny
Isles Beach, Florida, (the "Property") with partial funding from the Florida Communities
Trust (FCT), and the Property is subject to certain limitations provided in the FCT Grant
Award Agreement aIkIa the Declaration of Restrictive Covenants (as recorded in OR Book
_, Page _ in County)(the "Agreement,") and
WHEREAS, as part and condition of the FCT funding, the City provided and FCT
approved a Management Plan for the project site, and together with the Agreement, the terms
of which are hereby incorporated herein by reference; and
WHEREAS, City intends that the conservation and recreation values of the Property
be preserved and enhanced in accordance with the Management Plan, as it may be amended
from time to time only after review and approval by FCT; and
WHEREAS, all activities by the City and Contractor shall be consistent with the
Agreement and Management Plan; and
WHEREAS, the Contractor was selected by the City as the lowest responsible,
responsive proposer in response to RFP No.11-02-0 1 for Concessionaire Services for Samson
Oceanfront Park; and
WHEREAS, the City wishes to employ Contractor to operate concessionaire services
for the Samson Oceanfront Park located at 17425 Collins Avenue ("Services"); and
WHEREAS, the Contractor is qualified, willing and able to provide the desired
Services on the terms and conditions set forth herein; and
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
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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 a flat rate of Three Hundred Dollars ($300.00) per month for
the first year of this Agreement. Contractor's payments to the City shall be renegotiated by
the City Manager or his designee upon notice by the City of its option to renew, as provided
in Section 4 below.
4. TERM. This Agreement shall be for an initial one (1) year term commencing upon
the signing of this agreement by both parties and ending one (1) year thereafter, unless
terminated sooner pursuant to paragraph 11 of this Agreement. This term may be extended
for three (3) additional one (1) year terms 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.
5. 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.
6. 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.
7. 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.
8. OBLIGATIONS OF CONTRACTOR
8.01 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.
8.02 HOURS OF OPERATION: Contractor agrees to perform the services as set
forth in this Agreement within the hours of operation established by the City
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Manager or his designee. Contractor must pack up and leave at the end of
every work day.
8.03 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.
8.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges
which may be levied by any government entity.
8.05 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.
8.06 INDEPENDENT CONTRACTOR RELATIONSIllP. 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.
8.07 INDE.MNIFICATION. 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-
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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.
8.08 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 Manager or his
designee. 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 TillS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
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8.09 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this
Agreement, Contractor, at its own cost and expense agrees to maintain throughout the
agreement term in good sanitary order, condition, and repair, all portions of the
concessionaire area, including, without limitation, any personal property of the
Contractor situated in or upon the subject area. Additionally, the Contractor shall
promptly notify the City of any damage to the concessionaire area resulting from or
attributed to the acts or omissions of the Contractor, its invitees or its authorized
representatives, and thereafter promptly repair all such damage. Any damage
resulting from the negligent acts or omissions of the Contractor or its employees shall
be repaired at Contractor's sole cost and expense.
8.10 SECURITY BACKGROUND CHECK: A security background check will be
required for any employee of the Contractor performing services under this
Agreement. At the Contractor's sole cost and expense, the Contractor and their
employees who perform services under this Agreement shall be required to have a
Florida Department of Law Enforcement ("FDLE") Florida Crime Information
CenterlNational 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.
8.11 FOOD HANDLING GUIDELINES. The Contractor shall comply with Miami
Dade County's minimum operating standards for foodservice, as more particularly set
forth in the attached Attachment "B".
8.12 DAMAGE TO CITY PROPERTY OR SAMSON OCEANFRONT PARK
AREA. If any City owned property, or any portion of the Samson Oceanfront Park
area, is damaged by the negligent acts, errors, omissions or other wrongful conduct of
the Contractor, its agents or other personnel entity acting under Contractor's control
in connection with the Contractor's performance of services under this Agreement,
Contractor shall, at its sole cost and expense, restore the City owned property or
Samson Oceanfront Park area to a condition equivalent to or better than their
condition immediately prior to such damage.
9. OBLIGATIONS OF CITY - UTILITIES: The City shall pay the reasonable costs
for the actual utilities, including water, gas, heat, light and power supplied to Contractor to
operate its concessionaire site at Samson Oceanfront Park. However, the suspension or
interruption in utility services to the concessionaire site for reasons beyond the ability or
control of the City shall not constitute a default by City or entitle Contractor to any reduction
or abatement of the monthly payments due to the City. Additionally, the Contractor's utility
needs at the concessionaire site shall not cause power outages and/or interruptions or
otherwise exceed the City's existing power services at Samson Oceanfront Park.
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10. CITY'S RESERVATION OF RIGHTS:
a. 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.
b. During certain City sponsored special events, the City also reserves the right
to permit other vendors to provide concessionaire services for the Samson
Oceanfront Park, including food and beverage supplies, and/or exclude all
concessionaire services from the park. Decisions to allow other vendors to
provide concessionaire services and/or to exclude all concessionaire service
providers from providing concessionaire services during certain City
sponsored special events shall be at the sole discretion of the City Manager or
his designee. However, in such an event, the City Manager or his designee
shall provide Contractor with at least 10 (ten) calendar days advance written
notice.
11. 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.
II. 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.
Ill. 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;
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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 Insolvencv. 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.
12. 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.
13. 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.
14. 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.
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15. COORDINATION OF SERVICES. The City's representativelliaison 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 Jorge Vera, Acting City Manager for approval prior to the
commencement of any work. Services performed without authorization by the Acting
City Manager, Jorge Vera, shall be considered unauthorized and shall not be
compensated/paid by the City.
16. 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.
17. 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.
18. 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.
19. 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 Acting City Manager, Jorge Vera, with a copy to
Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny
Isles B each, Florida 33160, and, if intended for Contractor, shall be addressed to, Judith
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Tauszik, Owner, Snack Time LLC., 149 NW 70th Street, Boca Raton, Florida 33487 (561)
674-6160.
20. 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.
21. AUDIT. The Contractor shall make available to the City or its representative all
required fmancial records associated with the Agreement for a period of three (3) years.
22. NON-DISCRIMINATION. The Contractor agrees to comply with all local and
state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,
Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
12086. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex, disability
or other handicap, age, marital/family status, or status with regard to public assistance. The
Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause. The Contractor agrees to comply with any Federal
regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973
(29 D.S.C. 708), which prohibits discrimination against the handicapped in any Federally
assisted program.
23. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be govemed
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.
24. 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.
25. 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
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Agreement shall be valid or enforceable unless such waiver is in writing and signed by the
party granting such waiver.
26. 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 express I y 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.
d. In the event of a conflict or inconsistency between the terms and conditions of this
Agreement and those contained in any other documents, including any attachments hereto,
the terms and conditions of this Agreement shall prevail.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESSE~
3if0cJC i~
SNACK TIME LLC.
Signature
F:C'ftter \6[c?cs{l
Print Name
WITNESSES: ~
~~
. Signature
DaVIO TOeOCblK-
Print Name
"ATTEST:
CITY OF SUNNY ISLES BEACH
B:~/,dv ~
No'rman S. Edefcup,'Mayor
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~ Jane A. Hines, CMC, City Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:~./I.A ~~ ~()IQ.
Hans Ottinot, City Atto ey
C 1 0 11-036 Snack Time LLC Sampson Oceanfront Park Agreement
Page 11 of 11
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SNACK TIME LLC.
Quality Food Service & Catering
149 NW 70th St. Boca Raton, FL 33487. Ph. (561) 674-6160. emaiI:snacktime4u@gmailcom
RFP 11-02-0 1
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CONCESSIONAIRIE
SERVICES
FOR
,
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SAMSON OCEANFRONT PARK
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SNACK TIME LLC.
Quality Food Service & Catering
149 NW 70th St. Boca Raton, FL 33487. Ph. (561) 674-6160. email: snacktime4u@gmail.com
March 15, 2011
We are pleased to introduce Snack Time LLC. and submit our proposal for
Concessionaire Services at Samson Oceanfront Park:.
Snack Time LLC. (formerly Esther & David Company) is a family owned and operated
Catering Company that has over 15 years of experience in South Florida's many different
food service settings. Amongst these settings have been Food Service Operations at
several Health Care Facilities, the Broward County Sherriff's Office Cafeteria, and many
concession stands at recreational parks.
Snack Time LLC.' s long history of excellence speaks for itself. Throughout the years,
we have earned the solid reputation for being an extremely loyal, hard-working, and
customer-service oriented company. Our high level of experience, staff, flexibility,
cleanliness, and expertise has been the basics of all our retail and institutional endeavors.
Our company embraces keeping close contact with customers and facility's management,
so that we can tailor our services to meet any special needs that may arise.
Therefore, operating the Concessionaire Services at Samson Oceanfront Park would be
very similar to what we have done for the past 15 years. That is, our customers would be
leisure-seeking patrons who would like to enjoy a quick and delicious bite during their
stay at the park. Our company knows that the park's patrons want very simple things:
good service, regular hours of operation, quality food at reasonable prices, and a
clean, well-kept area to eat.
"
If awarded this contract, we are confident that the City of Sunny Isles Beach and its
residence will soon consider our company a part of its prestigious community. We
guarantee that both the City and the Samson Oceanfront Park patrons will be greatly
pleased with our services. We look forward to serving them soon.
Sincerely,
Judith Tauszik
Snack Time LLC.
Owner
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THE NAnoNAL REGISTRY OF
FOOD SAFETY PROFESSIONA1.S~
CERnF1Es
JUDITH TOROCSIK
HAs SUCCESSFUU..Y SAnsFIED THE REQUIREMENTS FOR
THE FOOD SAFETY MANAGER
CERl'IFlCAnON ExAMINAnON
President:
--rJ:2J-,)L
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J..m'renu 1. Lynch
IsSUE DATE: MARCH 6,2009
CERnFlCATE No: XE20350373
TEsT FORM: XEI
nil certifkate iI.at valid ror more
diu rIVe J'~ fro.. date 01 iaue..
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SNACK TIME LLC.
Quality Food Service & Catering
149 NW 70th 81. Boca Raton, FL 33487. Ph. (561) 674-6160. email: snacktime4u@gmail.com
SAMPLE MENU
FOR SAMSON OCEANFRONT PARK
~ lb. Hebrew National Hot Dog
Grilled Italian Sausage on Hogi Roll
Grilled Chicken Breast on Bun
Jumbo Soft Pretzel
$3.00
$4.00
$5.00
$2.50
Condiments: Ketchup, Mustard, Sauer kraut, Relish, Onion, Mayo.
Lays Potato chips $1.00
Jumbo Muffm Assorted $2.50
Oreo Cookies $1. 00
Peanuts $1. 00
Assorted Candies $1.00
Snow Cone $2.00
Soda $1. 00
Bottled Water $1.00
Fresh Fruit Cups $3.00
*Combo Meals and Specials will be offered daily *
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Paul E. Roman
2000 Glades Road
Boca Raton, Florida 33431
September 11, 1997
Re: Judith Tauszik
To Whom it May Concern:
For the past 5 years I was the president of SCORES, which is the organization which
operates the recreational youth soccer program in West Boca. For the last 3 of those years, I
had the pleasure of working with Judith Tauszik, who managed our concession stands. The
concessions were always well-stocked with a variety of items which constantly changed in
response to the requests of players and parents, from whom she constantly solicited
comments and suggestions. The concessions were also kept in spotless condition, which is
no easy job in an outdoor setting. I also frequented her "bakery" in Oaks Plaza, which went
far beyond being a bakery, and offered a large variety of hot and cold prepared foods. Like
the concession stands, the bakery was always spotless.
Our financial arrangement with Judith was on the honor system, and I was always satisfied
that she went beyond honorable in accounting to us for the income and expenses of the
stands. .
I found Judith to be a tireless worker who was never satisfied with the status quo. Rather,
she constantly looked for ways to improve things. I would recommend for employment in
any aspect of the food service industry.
If you need any additional information, do not hesitate to contact me (394-0500).
\ ~
VeryjrtI1y youJ.S,
#~~/1(/2~
I Paul YRoman -
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PERI dIe
Copy to:
79340 1
Mrs. Judith Tauszik.
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Parkland Parks and Recreation D'epartment
66DO Unhrersity Drive
Par~and,FlGrida33067
Phone {954}- 757~19DS
f.a)( {BM}. 341=51S1
August 16, 2005
To Whom It May Concern:
It is with pleasure that I write this letter of recommendation for Judith Tauszik owner of
the Snack Time Inc. (formerly the Esther & David Company.) For the past 8 years, I have
been the Parks & Recreation Director of the City of Parkland. During those years, I have
had the pleasure of working with this company, who has been providing excellent food
and beverage services in all of our parks. They also operate the snack bar in our
Equestrian Center..
Especially important, is their work ethic, loyalty, commitment, and high standards. They
always cheerful, cooperative, and willing to help each of their customers. Sometimes
customers have special food requirements due to allergies, religious requirements, or
other preferences. They handle everyone with unbelievable skill.
Our concession stands are considered by the Department of Health as being one of the
cleanest, safest, and best organized in the county. They offer more than just what is in
their contract. Year after year they organize and provide their food service during our
biggest events, such as Parkland Days, Concerts, and many Tournaments as well. They
also volunteer to help and donate beverages during such events as Build-a-Park, or on the
City's Egg Hunt, and on the 4th of July celebration, which are greatly appreciated.
Indeed, anyone fortunate enough to have the Snack Ttme Inc. as a Food Service Provider
should be very grateful. Having been a Park & Recreation Director for 15 years, I can
honestly say that I do not lightly give out such an outstanding reference.
Please feel:free to contact me if you require any additional information at (561)452-1909.
S. CerelY,~
es M. Cowen
irector
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6
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'" 0 )The Treatment Center
WE RESTORE HOPE
June 22, 2009
TO: City of B~ynton Beach
FROM: Bill Russell, CEO
SUBJ: Links Golf Course Snack Bar Request for Proposal(R~P)
to be the operator
I am writing in support of Judith Tauszik's company, Snack Time,
of the snack bar at the Links Golf Course.
I have known Judy since 1999 when she was the Food Service Manager at The Watershed Treatment
Programs in Boca Raton. Judy has also helped me as the interim Chef at The Treatment Center.
Judy is eXS!'!Q~i.~n~lIy professional and capable. She is committed to providing the best in quality and
taste for.:tHt;;K0fClI~tomers, at the most reasonable~;'(:()st. For example, her home-made soups and
,_ '~;? :~".,"::_:~~._:_":'~:~ ,_~:.:b:,~::":~~ , " _:':',-;'~:~;:>.C". -:_- ::;" \:~;-,~ :'::.,.:,,'..~ ":'
sandwicn~~:f~r~'Ue.gendary. She consistentlY3Q~mphs;ff~ltg~,excellent customer service. She maintains
':,:', ','_: ';\: :-,:. ':;:":,'~: ::--i~:"'_ _., ..< -'.:~" . -~::' , ": :~":-- ::' '~-:":
positiver~!~i!Qi1~<~ith her suppliers. She eq:#p'r~s her kitcf1~n;'and serving areas are spotlessly clean.
::~,~':~;-L"-r_'~,~:::~,:;l}:r\"""'; ~~j~/;'X/" 'J:
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Judy's stYJ~'~i~f~rriily-oriented. She will haS~~therchildreri~;Esther and David, as part of her team. The
Links patr6ri~VlirlJeellike they are being treat~aJ!k~~fuii~;by Judy's family.
\_:- '-:::'::'_"_ .._'.::'-~> . "_"',:~'.~::,:;,~:~:,:,};:r:.'"~
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In these days ()f,commercial concessions it is refreshing to recommend an "old-fashioned" family to
provide tasty snacks to the golfers and guests.
Please give Judy the opportunity to make a full presentation as your review her RFP application.
Very truly yours,
(9-
--
Bill Russell
CEO
P.O. Box 541119 · Greenacres, Florida 33454 · Phone: 561.253.6790
www.thetreatmentcenter.com
7
VENETIAN ISLES COMMUNITY ASSOC., INC.
C/O G.R.S. MANAGEMENT ASSOC., INC.
3900 WOODLAKE BLVD., STE. 309
LAKE WORTH, FL. 33463
(561) 735-9168
March 16,2011
To Whom It May Concern:
Judith Tauszik, Snack Time LLC has been providing food services to the
Venetian Isles Community for the past year. This has been our community's first venture
in offering this type of service to our residents. Weare very pleased with the service and
food offered by Snack Time and look forward to continued success in this venture.
Judith is very cooperative with residents who have made recommendations in the
types of food, drinks and snacks they would like offered. She always responds in a
positive and friendly manner, which can be difficultat times.
It is my pleasure to recommend Judith and Snack Time LLC to any community or
organization that would like to employ them.
Please feel free to contact me if any additional information is needed.
Sincerely,
~OO=
President
Venetian Isles Master Association
2
cmbank0
BOCA VIA MIZNER
998 S FEDERAL HWY
BOCA RATON, FL 33432
03/15/2011
Reference Letter
To Whom It May Concern:
This is to certify that the title of the following account(s) reflects
SNACK TIME, LLC
of
149 NW 70TH ST APT 302
BOCA RATON, FL 33487
as an account holder.
Account Type
Account Number
Balance
Date Opened
CB STREAMLINED 9115153151 $20,800.53 06/26/2009
CHKG
The above mentioned balance(s) represents the accumulation of successive deposits.
JASON WESlFORT
PERSONAL BANKER
P 4637001
BOCA MIZNER / BR#92
(561) 347-3231
Client Financial Analyst
Citibank, N.A.,Member FDIC
q
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYY)
3115/20t 1
PRODUCER Phone. 954 583-5444 Fax - 954-583-2820 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Pelican Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
6950 Cypress Rd Ste 20an INSURERS AFFORDING COVERAGE NAIC#
Plantation, FI ~~317 -.. .
INSURER A:
.----.-------.- -..----. -
nuc::t.ocn INSURER B:
Snack TIme LLC ..-
149 NW 70 Sl #302 INSURER c:
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Boca Raton, FL 33487 INSURER D:
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INSURER E:
COVERAGES
THIS IS TO CERTIFY TliA T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTVIJITliSTANDING ANY REQUIREMENT, TERM OR CONDlTJON OF ANY CONTRACT OR OTHER DOCUMENTWlTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR FAA Y PERTAIN, TliE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
, -- tOlICY EFFECTIVE POLICY EXPIRATION I ..-..-.. ...- .-----..
INS~ UIIlITS
LTR TYPE OF IN'SURANCE POllCYNUlolBER DATE (MMlDDIYYI DAlElMMJDDIYY) i
I-- GENERAL UAiiilrTv -.-
. --I I"'"~ s 2,000,OOO:QQ
tt.='lMERCV\l GENER~ ~1~ILfTY I I DAoV.AGETO RENTED .~.\ s 100,~~
I :.eREMlSES LEaCV...llI!e \
L__ _I CLAiMS "",ACE Li OCCUR\ I ! MED EXP (An~ OCle ;>eo"on) ,$ $S,ooe
I I u_ Pending i I PERSONAl & ADV INJlJRY is _ 2,OOQ,QQQ,QQ
=:1: ---- I I . ,.,' ... _.. A...
I i GENE.~l AGGREGATE S 2.9.00,000.00
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GEN'l AGGREGAre LIMIT APPLIES PER: I I PROOUCTS-COM~CPAGG S $2,000.OQQ
lPOUCY 11~~g: II LOC I ____..'u ._po. 0._._' ,_
i~OMOllVE UABILfiY i I COMBINED SINGLE LIMIT Is
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ANY AUTO
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- ALL OV1INED AUTOS BODILY INJURY
(Per perscnl $
SCHEDULED AUTOS
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--; i (per accident)
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WORKER'S COt.~PENSATlON AND \[JII ~~~L~Jlfs I IO~-
EMPlOYERS'LIABlUTY -
I ANY PROPRiETORiPARTNEHiEXECUTlVE E.L EACH ACCIOE.VT $
OFACERn'JEl'.r.BER EXCLUDED? I .=..:... -.-. -
, If yes, ctesaire under E.L. DISEASE - EA EMPLOYEE $
I SPEC"'!. PROVISIONS belew ~-_._- -
E.l. DISEASE - POUCY UMIT S
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DESCRIPTION OF OPERATIO~.lSILOCATIONSNEHlCl.ESIEXCLUSIONS ADDEO BY ENDORSEMENTISPECIAl. PROVISIONS
COVERAGE PENDING THE AWARD OF THE CONTRACT
Certificate holder named as an additional insured with regards to general liability .
CERTIFICATE HOLDER I X jAoDlllONAL INSURED; INSURER l.ETTER: A CANCELLA nON ISee Below} -
City Of Sunny Isles Beach SHOULD ANY OF THE ABOVE DESCRIBED POlICIES BE CANCell.ED BEFORE THE
EXPIRATION OAT THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAll
18070 Collins Ave. 3rd Floor 10 DAYS WRITTEN NOTICE TO THE CE.'mACATE HOlDEH NAlI.ED TO THE LEFT.
Sunny Isles Beach. FI. 33160 ""'""BilT FAtLURE 10 It1AIL SUCH NOTICE SHAll IMPOSE NO OBUGAT10N OR liABILITY
OF ANY KINO UPON TlfE.ClWPANY.ITS AGENTS OR liEPRES~nvES.
305-947-5107 /F .....-
AUTHORIZED REPRESENTATIVE ./ 0
Samuel Jacks ../~-~-=--
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ACORD 25 (2001/08) 1 of 2
0ACORD CORPORATION 1988
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SNACK TIME LtC.
Quality Food Service & Catering
149 NW 70th St. Boca Raton, FL 33487. Ph. (561) 674-6160. emai1:snacktime4u@gmailcom
PROPOSED MONTHLY RENTAL RATE
TO THE CITY
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MONTHLY RENT FOR FIRST TWO (2) YEARS:
$ 300.00
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MONTHLY RENT FOR YEARS THREE (3) AND FOUR (4):
$ 400.00
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MONTHLY RENT FOR YEARS FIVE (5) AND SIX (6):
$ 500.00
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ADITIONAL 15% OF GROSS SALES AFTER ANY SPECIAL
EVENT ORGANIZIDE BY THE CITY
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March 13,2011
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NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
SUnny Isles Beach, FL 33160
Telephone: (305) 947-lJ606 Fax: (305) 949-3113
STATE OF FLORIDA )
COUNTY OF ~N)'\ ~
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
~nCl6k Tt VVt~ LL C
(Name of Corporation, Partnership, Individual, etc.)
a ca +- OJ , formed under the laws of
, (Type of~~~~J
of\Wich he is rn 0 Vl ~ r'~awf~~~ ~r etc.)'
FL
(State)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation nam~ above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corptitation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
Ju-d{fh taU5~(k
AFFIANT'S NAME
t;1~~~IU' p:zf/wf
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TAKEN, SWORN AND S~RIBED TO BEFORE ME this \~1\ day of
Personally Known r/ or Produced Identification ;
Type of identification
MJ4llM
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t:!~~;i MY COMMISSION 1/ DO 992109
~ : = EXPIRES: June 13,2014
"l.t:Iif..~'ii Bonded Thru Nol8Jy Public UndelWliterS
(Affix seal here)
DECEJ.lBER 28, 2010
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PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Fl 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SEcnON 287.133(3)(a)
FLORIDA STATUTES, ON PUBUC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - nA person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perfonn Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to City of st;.nv Isles Beach
by ~ adr:r~ !QV5V:
for ?~d~U~lZ~dtiUtWLe- L[ C-
(print name of entity subJng swom statement]
whose business address is: rLrq tULU 70~ 5-b ' jt::-30L
t:fJC0 &-Io{l) Fe, 33lf-P7
and (if applicable) its Federal Employer Identification number (FEIN) is lot 72. b q 2 3
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.1.
11.3. I understand that Uconvicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entitY crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to ~arges brought by indictment or infonnation after July 1,
1989, as a result of a jury verdict, non-jury trial, 'or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The tenn DaffiliateD includes those officers,
directors, executors, partners. s~,@reholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pboling of equipment or income among persons when not for fair
DECB.lBffi 28. 2010 2 of 7
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j 17
market value under an ann's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The tenn "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. .. Based on information and belief, the statement which I have marked below is true in relation to the entity
/ submitting this sworn statement. (Indicate which statement applies.)
_ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this swom statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FilED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
/~
Sworn to and subscribed before me this \~
j$l\1~ 11'.0 oCSi (.
(AFFIX NOTARY STAMP HERE
JASON R. WESTFORT
!Kf COMMISSION # DO 992109
PIRES: June 13.2014
ded Thru Nolaly Public UndelWlilelS
day of
, 20-U,-, by
Personally Known
f Florida
Print or Type Com
OR Produced Identification
Type ondentitication Produced
10/1998
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18
EQUAL OPPORTUNITY /
AFFIR MA TIVE ACTION
city of Sunny Isles Beach
18070 Collins Avenue
Sunny IsIBS Beach. FL 33160
Telephone: (30S) 947-0606 Fax: (30S) 949-3113
EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
!>1gned:~, \\a~
Title: 0\Ot~r' ~~k1I1{e~
Firm: S V\ClC/ ~Vvte.- LLC
Address: ILtc{ LJuJ 10 sJ. #302-
rpo~ ~JoV) -\=L, 33crJ>7
DECEMlER28.2010
4of7
,q
CONFLICT OF INTEREST
city of Sunny Isles Beach
18070 Collins Avenue
SUrmy Isles Beach, FL 33160
Telephone: (305) 947-Q6lJ6 Fax: (305) 949-3113
CONFUCT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLOF,JIDA a../. r
COUNTY OF ~l)fl ~l.t
BEFORE ME, the undersigned authority, personally appeared .....(1lIDr(\,\ 1i:J,tQc& \ (
deposes, and states: '
18.1. I ,am the -{) W vte.. r- of
.s ha.~ 7t "'-'< e... LL C with a local office in 1; 0 LOI ~ I f=L and principal office in
.-gq-C\ p.a-J.c r'\ L FL-
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. II - () L -0 I described
as: Lands~ Ma!!Jterfa'nce Services. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit,ra-sed upon his own knowledge.
, who was duly sworn,
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or Indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
\
18.6 Neither the entity, nor its affiliates, nor anyone associated with them have al1Y potential conflict of interest due to any
other clients, contracts, or property interests for this project. '
18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.8 I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
\
18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
pjl., dayof NJ.I\ . . 201.. ' f" /"
, 1 \L-et/~,.. Jt/Ldtf0Iat:i~"-L yt.1.&;t1a5'('-t r f?il l-(er
ANT Print or Type Name and Trtle
S ~to and subscribed before me this JS- day of
~om I Personally Known OR
a Produced Identification ; Type of Identifi
.' ~"H;"'o. JASON R. WESTFORT
;~'i)\~ MY COMMISSION ltDD992109
~'. :"J EXPIRES: June 13.2014
~~~, Bonded TIuu Notary Public Underwriters
\..
NOTARY PUBLIC STATE OF FLORIDA
"
DECEMBER 28. 2010
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DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sumy Isles Beach. FL 33160
Telephone: (305) 947..()6()6 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by plating a "X" after "'Yes" or "No". If you answer "Yes", please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
NO
I
YES
19.2. Has your firm, or any member of your finn, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years? /
YES NO
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm providl;!S in the regular course of
business?
YES NO / If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
.' \,
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of. Sunny Isles Beach.
5J1}OlClc /I~'V\~ LL C
~.
ized S1g!..::;
~~
3/1312010
-=r~d~ lau~l
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Print or Type Name and Title
DECEMBER 28. 2010
60f7
.2)
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Fl 33160
Telephone: (305) 947-ll606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
COUNlY OF ~ ~
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the Oty of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
II\The foregoing instrument was acknowledged before me this
rV\(l.Q.\ . 20-1L-, by
of person], as
By: TuYt{F;. (dcrSL-(L
-- I
Title: V\IlO- &<A 0 '"j r~:u'J Cd-V
D~
day of
[name
[type of authority], for
[name of party on behalf of whom instrument was
executed].
/~~~f~~ JASON R WESTFORT
- . ~*~ MY COMMISSION # DO 992109
. : = EXPIRES: June 13, 2014
. Bonded Thru Notary Public Underwriters
f
[\
AFFIX NOTARY STAMP HERE:
\
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Personally Known -.L:R Produced Identification
Type of Identification Produced
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DECEMBER 28, 2010
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SECTION 4
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPUES
PART I:
UST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH
THIS BID
Addendum #1, Dated
tict ~C h 3 I 1-0 (f
(
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
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o NO ADDENDUM WAS RECEIVED IN CONNEcrION WITH THIS BID
i
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FIRM NAME: >'Y1rl.cl Ti VVl~ LLC-
~
AUTHORlZEDSIGNATURE:~~ ~~TE: :2/ f3 ~O((
lYTLE OF OFFI~ r@ Gt a ('jfWdrAe(
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PAGE 29 OF 32
BID No. 11-02-01
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BID SUBMITTAL FORM
Bid Title: CONCESSIONAIRE SERVICES FOR SAMSON OCEANFRONT PARK
The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach in the form included in the Contract Documents to perfonn and furnish all
Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This
Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign
and submit the Agreement with the Bonds and other documents required by the Bidding Requirements
within ten days after the date of the my's Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
,/
. The Proposer has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
(
. The Proposer has given the City written notice of all conflicts, errors,
discrepandes that it has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to the Proposer.
. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, finn or corporation and is not submitted in confonnity with
any agreement or rules of any group, assodation, organization, or corporation;
the Proposer has not directly or indirectly induced or solicited any other
Proposers to submit a false or sham Bid; the Proposer has not solicited or
induced any person, finn or corporation to refrain from Bidding; and Proposer
has not sought by collusion to obtain for itself any advantage over any other
Proposers or over the City.
t
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FIRM NAME:
\ \'0'\ L
LLc
3()Cl.Ct
Street Address: In' I...u. +
\Ltot ~W 10'11 5 -
Mailing Address (if different): l- L
~ -30 L1:> DCA a2rt-+O VI
? 3Lt-cP 7
PAGE 30 OF 32
BID No. 11-02-01
2Lt
(() 7Lt- 6 I GVFaX No.
~ .1:.; OJ@CjW'O.( ~EIN No. JJO-JJ:U1:J.03ib3
CDYY"l
* nSYSlGNING THIS DOCUMENT THE BIDDER AGREES TOML TERMS
SIGNATURE:
THE EXECUTION OF THIS FORM CONSTIl'UTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND
BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOUCITATION WHERE INDICATED ABOVE
BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY
MAY, HOWEVE~ IN rrs SOLE DISCRETION, ACCEPT ANY PROPOSAl THAT INCLUDES AN EXECUTED
DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER.
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PAGE 31 OF 32
Bm No. 11-02-01
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