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HomeMy WebLinkAboutReso 2012-1844RESOLUTION NO. 2012 - LB�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST ADDENDUM TO AGREEMENT WITH SNACK TIME LLC. CONCESSION SERVICES, INC. TO ADD PELICAN COMMUNITY PARK TO THEIR CONCESSIONAIRE SERVICES FOR THE CITY, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST ADDENDUM TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised Request for Proposals (RFP) No. 11- 02 -01, for Concessionaire Services for the Samson Oceanfront Park; and WHEREAS, on April 21, 2011 via Resolution No. 2011 -1699, the City Commission awarded RFP 11- 02 -01, and entered 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 year, and the 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; and WHEREAS, the City now desires to have concessionaire services for Pelican Community Park; and WHEREAS, Snack Time LLC. Concession Services, Inc. has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to approve the First Addendum to Agreement with Snack Time LLC. Concession Services, Inc. to provide these services for Pelican Community, in an amount to be paid to the City a flat rate of One Hundred Fifty Dollars ($150.00) per month, in substantially the same form 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. Approve the First Addendum to Agreement. The City Commission hereby approves the First Addendum to Agreement with Snack Time LLC. Concession Services, Inc. to provide Concessionaire Services for Pelican Community Park, in an amount paid to the City of One Hundred Fifty Dollars ($150.00), attached hereto as Exhibit "A ". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said First R2012- Snack Time Concessionaire Srvs Addendum 1 PCP Page 1 of 2 Addendum to 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 161" day of February 2012. jr4man S. Edelcup, Mayor ATTEST: f r Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney Moved by: cz S ELL Seconded by: U Q1^ DY� �cifs Vote: r-, -4C) Mayor Edelcup ✓ (Yes) (No) Vice Mayor Thaler V (Yes) (No) Commissioner Aelion _ Z(Yes) (No) Commissioner Gatto —,/ es) (No) Commissioner Scholl es) (No) 82012- Snack Time Concessionaire Srvs Addendum 1 PCP Page 2 of 2 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SNACK TEWE LLC FOR CONCESSIONAIRE SERVICES CONTRACT NO. C1112 -016 This First Amendment to the Agreement between the City of Sunny Isles Beach and Snack Time LLC executed this _ day of 2012, is made a part of the original Agreement between the Parties April 21, 2011 attached hereto as Attachment "A" ("Agreement") and incorporated herein, between the City dated Sunny Isles Beach ( "City") and Snack Time LLC., ("Contractor") a business corporation licensed in the State of Florida, whose Federal Identification # is . The City and Contractor hereb y agree as follows: I- ADDITIONAL SERVICES TO BE PERFORMED The scope of services, as set forth in Section 2 of the Agreement, is hereby amended to include concessionaire services at Pelican Community Park. 2. ADDITIONAL PAYMENTS TO THE CITY: The payments to the City, as set forth in Section 3 of the Agreement, is hereby amended to include an additional flat rate payment of One Hundred Fifty Dollars ($150.00) per month for the concessionaire services at Pelican Community Park, up to April 21, 2013. Contractor's payments to the City for concessionaire services at Pelican Community Park shall be renegotiated by the City Manager or his designee upon notice by the City of its option to renew. 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated April 21, 2011, shall remain in full force and effect: IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. �1I ,I � tI /IlJ r;, ATTEST- ' t Jane A. Hines, CMC,'City Clerk SNACK TIME LLC CITY OF SUNNY ISLES BEACH 1 _4 M-A--W- C 1112 -016 FIRST AMENDMENT TO SNACK TIME LLC AGREEMENT Snack Time LLC. Quality Food Service Company 149 N.W 70' St. # 302. Boca Raton, Florida 33487. Tel: (561) 674 -6160. email: snaclrtime4u @gmail.com PROPOSED MENU FOR PELICAN PARK CONCESSION STAND FOODS /SNACKS PRICES Hot Dog $2.50 Pizza $2.50 Grilled Cheese Sandwich $2.50 PB &J Sandwich $2.50 Jumbo Soft Pretzel $2.50 Chicken Nuggets $2.50 Popcorn $1.50 Churros $1.50 Assorted Chips $1.00 Assorted Candies $.25 -$2.00 Chocolate Chip Cookies $1.00 Fresh Fruit Market Price Snow Cone $1.50 DRINKS Assorted sodas $1.00 Assorted fruit juice $1.50 Gaterade $2.00 Iced Tea $1.00 Bottled Water $1.00 Coffee $1.50 Hot Chocolate $1.50 Hot Tea $1.50 *Combo Deals will be offered daily. *Additional items will be available upon customer request. O SV NNY /r(Ef - CITY OF SUNNY ISLES BEACH AGREEMENT WITH SNACK TIME LLC FOR CONCESSIONAIRE SERVICES FOR THE SAMSON OCEANFRONT PARK CONTRACT NO. C1011 -036 THIS ' CONTRACTOR AGREEMENT made and entered into this '?-I day 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 a/k/a 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. 11-02-01 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. RECITALS. 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 C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page I of I 1 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 C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 2 of 11 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 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. 8.07 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- C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 3 of 11 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 THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 4 of 11 8.09 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees to maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the concessionaire area, including, without limitation, any personal property of the Contractor situated in or upon the subject area. Additionally, the Contractor shall promptly notify the City of any damage to the concessionaire area resulting from or attributed to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly repair all such damage. Any damage resulting from the negligent acts or omissions of the Contractor or its employees shall be repaired at Contractor's sole cost and expense. 8.10 SECURITY BACKGROUND CHECK: A security background check will be required for any employee of the Contractor performing services under this Agreement. At the Contractor's sole cost and expense, the Contractor and their employees who perform services under this Agreement shall be required to have a Florida Department of Law Enforcement ( "FDLE ") Florida Crime Information Center/National Crime Information Center ( "FCIC/NCIC ") background/criminal records check. The City shall have full discretion to require the Contractor to disqualify, prevent, or remove any employee due to failure to meet this security background check requirement. The Contractor shall provide sufficient proof to the City that they have performed the above mentioned background/criminal records check prior to performing services under this Agreement. The Contractor shall ensure that only their properly designated employees listed with the City Manager or his designee be permitted to provide services under this Agreement. 8.11 FOOD HANDLING GUIDELINES. The Contractor shall comply with Miami Dade County's minimum operating standards for foodservice, as more particularly set forth in the attached Attachment `B ". 8.12 DAMAGE TO CITY PROPERTY OR SAMSON OCEANFRONT PARK AREA. If any City owned property, or any portion of the Samson Oceanfront Park area, is damaged by the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its agents or other personnel entity acting under Contractor's control in connection with the Contractor's performance of services under this Agreement, Contractor shall, at its sole cost and expense, restore the City owned property or Samson Oceanfront Park area to a condition equivalent to or better than their condition immediately prior to such damage. 9. OBLIGATIONS OF CITY - UTILITIES: The City shall pay the reasonable costs for the actual utilities, including water, gas, heat, light and power supplied to Contractor to operate its concessionaire site at Samson Oceanfront Park. However, the suspension or interruption in utility services to the concessionaire site for reasons beyond the ability or control of the City shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payments due to the City. Additionally, the Contractor's utility needs at the concessionaire site shall not cause power outages and/or interruptions or otherwise exceed the City's existing power services at Samson Oceanfront Park. C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 5 of I 1 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. i. 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. iii. 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; C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 6 of 11 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. 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. CIO 11-036 Snack Time LLC Sampson Oceanfront Park Agreement Page 7 of 11 15. 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 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 Beach, Florida 33160, and, if intended for Contractor, shall be addressed to, Judith C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 8 of I 1 Tauszik, Owner, Snack Time LLC., 149 NW 70`h 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 financial records associated with the Agreement for a period of three (3) years. 22. NON- DISCREVIINATION. 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 pay or 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. 23. 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. 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 C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 9 of 11 Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 26. NUSCELLANEOUS. 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. 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. [remainder of this page intentionally left blank] C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES Signature r—, er to Print Name WITNESSES: < l Signature fall /0 l r20G<S'l� Print Name ATTEST: B LOX—) Jane A. Hines, GMC, City Clerk C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement SNACK TRAE LLC. CITY OF SUNNY ISLES BEACH IM APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: o I Hans Ottinot, City Atto ey Page 11 of 11 SNACK TIME LLC. Food Service & 149 NW 701h St. Boca Raton, FL 33487. Ph. (561) 674-6160. email- snacktime4u@gmaiLcom UP 11 -02 -01 CONCESSIONAIRIE SERVICES FOR SAMSON OCEANFRONT PARK SNACK TIME U.C. Food Service & 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 Sherrifrs 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 THE NATIONAL REGISTRY OF FOOD SAFETY PROFESSIONALS® JUDITH TOROCSIK HAS SUCCESSFULLY SATLSFTED THE REQUD20L Mrrs FOR THE FOOD SAFEW MANAGER CERTIFICATION EXAMINA noN President: 1.47m,rence, J. Lvnch ISSUE DATE: MARCH 6, 2009 CEanFLCATE NO: XF-20350373 TEST FORM: XIM 'nis c- flocah fa aot "m for more than five Years from date of root SNACK TIME LLC. ity Food Service & 149 NW 70th St. Boca Raton, FL 33487. Ph. (561) 674-6160. email: snacktime4u @gmail.com SAMPLE MENU FOR SAMSON OCEANFRONT PARK '/41b. Hebrew National Hot Dog $3.00 Grilled Italian Sausage on Hogi Roll $4.00 Grilled Chicken Breast on Bun $5.00 Jumbo Soft Pretzel $2.50 Condiments: Ketchup, Mustard, Sauer kraut, Relish, Onion, Mayo. Lays Potato chips $1.00 Jumbo Muffin 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 * 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, 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). Very ,taly youp, Paul . Roman PER/dlc Copy to: Mrs. Judith Tauszik 79340_1 Parkland .perks and Recce -on Department 6600 UnWenity Dave � �A,,� Park -22nd, FloAda 3301;4 �� Phone 1954)- 757=1909 . Fax 1954)-341--6161 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 m 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 4" of July celebration, which are greatly appreciated. Indeed, anyone fortunate enough to have the Snack Tune 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. �jes , ely, M. Cowen or N e%iTheTreatfnent Center WE RESTORE HOPE June 22, 2009 TO: City of Boynton Beach FROM: Bill Russell, CEO SUBJ: Links Golf Course Snack Bar Request for Proposal (RFP) I am writing in support of Judith Tauszik's company, Snack Time, LLC, RFP application to be the operator 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 exceptionally professional and capable. taste for her customers, at the most reasor. sandwiches are legendary. She consistently di positive relations with her suppliers. She ensur Judy's style is family- oriented. She will have.h Links patrons wilt feel like they are being treatei She is committed to providing the best in quality and ble cost. For example, her home -made soups and ronstrates.excellent customer service. She maintains her kitchen and serving areas are spotlessly clean. children, . Esther and David, as part of her team. The like :fa rnily "by Judy's family. In these days of 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. P.O. Box 541119 ° Greenacres, Florida 33454 e Phone: 561.253.6790 www.thetreatmentcenter.com VENETIAN ISLES COMMUNITY A OOC-r INC. C/O G.R.S. MANAGEMENT A S OC. r309 INC. 3900 WOODLAKE BLVD . 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. We are 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 difficult,at 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, Herb Friedman. President Venetian Isles Master Association 019 ati bane 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. Arrrnnnt Tuna Arrnnnt Nnrnber 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 WESTFORT PERSONAL BANKER P 4637001 BOCA MIZNER / BR #92 T, [561) 347 -3231 Client Financial Analyst Citibank, N.A.,Member FDIC q A ORD CERTIFIGATE OF LIABILITY INSURANCE DAT =('dr/7!DOYY) PRODUCER Phone - 954 583 -5444 Fax - 954583 -2820 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORNtATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pelican Insurance Agency g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # 6950 Cypress Rd Ste 20817 INSURERA -- INSURER S: Plantation, F133317 rue�ioen Snack Time LLC 149 NW 70 St. #302 INSURER C: Boca Raton, FL 33487 INSURER 0: INSURER E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOIN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOWATHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. )NS LTR TYPE OFINSURANCE POLICYNWIEI POLICY EFFECTIVE POLICY EXPIRATION; LIMITS DATE(MMMO(YY) OATE(MWDD!YY) I GEtiERAL LIABILITY _ 15ACH OCCURENCE _ S 2, Q00,000_QO X COPIdu4ERC1AL GENSRAL LIABILITY CLAIMS MADE i OCCUR j DAMAGE TO RENTED S 100,004.00 i (PREMISES.(EaO;x�luYF I %rAED EXP (Any we pe-sart) 5 $5,00 — I Pending I PERSONAL S ADV INJURY S 2,000,000.00 — ! GENERAL AGGREGATE S 2,040,000.40 GEN•L AGGREGATE LIMIT APPLIES PER. I I PRODUCTS - CO%4P!CP AC-G IS $2.000.000 r F RI POLICY IJECT I— LOG I AUTOMOTIVE LIABILITY i I COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL 010^1So AUTOS j( SCHEDULED AUTOS BODILY INJURY !per accident) HIRED AUTOS I S —` jN0N- M1J'IFn AUTnS PROPERTY DAPIAGE $ — I (Peraccidert) GARAGE LIABILITY AUTD ONLY - EA ACCIDENT ._Is S ANY AUTO I OTHER THAN EA ACC , AUTO ONLY- AGG EXCESS LIABILITY EACH COCURENCE S I (OCCUR DCLAIMS54ADE AGGREGATE I S IDECUCTIBLE i — S 1-7RETiENTION__ ION S COMPENSATION AND I TORY LCktITS OER IWORKERS Emmor ERS' LIABILITY VEIL. EACH ACCIDENT S ANY PROPRiETORfPARTNE -' 'EXECUTIVE OFFICER/MEMBER EXCLUDED? DISEASE _ EA EMPLOYEE S if yes, describe under — EL DISEASE - POLICY LIMIT - S SPECIAL PROVISIONS below 'OTHER I I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUS ,DNSADDED BY ENDORSEMENTSPECLAL PROVISIONS COVERAGE PENDING THE AWARD OF THE CONTRACT Certificate holder named as an additional insured with regards to general liability. CERTIFICATE HOLDER IX f DDnTONAL INSURED; INSURER LETTER A CANCELLATION See Below - City Of Sunny Isles Beach SEEXPOUIRRAATIIOONOATTHBgEOF.THE � DESCRIBED PANYMILLEND£AVoRTONIAILTHE 18070 Collins Ave. 3rd Floor 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NMdEDTO THE LEFT, FUT FAILURE TO FRAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Sunny Wes Beach, Fl. 33160 OF ANY KIND UPON THECONPANY, ITS AGENT'S OR REPRESENTATIVES. 305 - -947 -5107 AUTHORQED REPRESENTATIVE Samuel Jacks ---� ACORD 25 (2001108) 1 of 2 OACORD CORPORATION 1988 SNACK TIME LLC. Food Service & 149 NW 70Lb St. Boca Raton, FL 33487. Ph. (561) 674-6160. email= snacktime4u @gmail..com PROPOSED MONTHLY RENTAL RATE TO THE CITY MONTBLY RENT FOR FIRST TWO (2) YEARS: $ 300.00 MONTHLY RENT FOR YEARS THREE (3) AND FOUR (4): $ 400.00 MONTHLY RENT FOR YEARS FIVE (5) AND SIX (6): $ 500.00 ADITIONAL 15% OF GROSS SALES AFTER ANY SPECIAL EVENT ORGANIZIDE BY THE CITY March 13, 2011 J N Wig "L t -. A- -L -..9� 7q. c�rrt Co V( �ra((�� �I 1� 1 n= i" WE } f�. ss - % v x '� iF o t Err kim mowl c BOA _ 4 136_ Ajjj _ C+ dv :. ..:_A Ilk r yjStiy� 'r!F.r NON - COLLUSION AFFIDAVIT City of sunny Isles Beach 18070 Wins Avenue a,.. Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax (3W 949 -3113 STATE OF FLORIDA J COUNTY OF) 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, �►aGk I P e LC (Name of/Corporation, Partnership, Individual, etc.) a, _,formed under the laws of �� (Type of Business) (State) of which he is F ''on 'V n vat W6 r- poldowAer, Partner, President, etc.) 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 named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indireedy with any proposers or person, firth or corporation, to put in a sham Bid, or that such person, firth or corporation, shall refrain from Bidding, and has not in any manner, directly or indWactly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fox 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. AFFIANrS NAME AFFIANT's TITL TAKEN, SWORN ANDSCRIBED TO BEFORE ME this l _day of 1'AO c 20W Personal) Known t/ or Y Produced Identification Type of identification (Affix seal here) , tia"'s''•,, JASON R.WESTFORT Ic My COMMISSION 8 DD 992109 _ EXPIRES: June 13, 2014 NOT Bonded Tnru Notary Palle Underwriters DECENuR 28, 2019 1 of 7 printed or typed) a PUBLIC ENTITY CRIMES City of sunny Isles Beach 18070 Collins Avenue •'fin V• �_,c Sunny Isles Beads, FL 33160 Telephone: (305) 947 -0606 Fax (305) 94 &3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A 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 perform 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. 11.1. This sworn statement is submitted to City of Sunny Isles Beach 7 r>� _ MdMduars a" _uugl. �L C, for 1ia1C � l k � "amt of entity su 9 swan Sia�rnerdl whose business address is: (/, .9 ,fl N &— �70 5t � j7 ©Z COCA�i -33`147 and (if applicable) its Federal Employer Identification number (FEIN) is 01 %Z 6 C1 2 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 11.2. 1 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. 11.3. 1 understand that "convicted" 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 purges brought by indictment or information 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. 1 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 term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair OECENSM 28.2010 2of7 I-7 market value under an arm'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. 1 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 term "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 v/ submitting this swom 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. By: Aet," i ature) ---��/ — /a" S u (Printed Name) / VkA-a L' L,(- � _,{'�GZ (Title) Sworn to and subscribed before me this �_ day of� (AFFIX NOTARY STAMP HERE ,NNIII ,%SON FL �" __ JM17Y Signature: Notary I blic — Stat f My COMMISSION # DD 992109 PIKES: June 13, 2014 dedThruNolarYPu�l(cUndervrtlters Print or Type Com " sinned Name Personally Known OR Produced Identification Type ofldentification Produced 1011998 3 of 7 20—q—, by Florida E 4 6 �9 EQUAL OPPORTUNITY / AFFIRMATIVE ACTTON City of Sunny Isles Beach 19070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: {305) 947 -0606 Fax (305) 949 -3113 EQUAL OPPORTUNITY /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. /7 Signed: : Title: Y� Qt.�l'� Lk 01, Firm: Address: kq '10 si Rocca, 0--oi4ov) V:7(-, 3-31'f-er'l DECEMBER28,2010 4 of 7 ME 4 CONFLICT OF INTEREST City of Sunny Isles Beach (�' 18870 Collins Avenue Sunny Isles Beach, FL 33160 Telephom: (306) 947 -0606 Fax (305) 943.3113 CONFLICT 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 FLO IDA COUNTY OF ( BEFORE ME, the undersigned authority, personally appeared �' M �.{ \A �( m I�/ � , who was duly swom, deposes, and states: 18.1. I am the W V'e r of -5 hGt. _ 'Tt VIA L with a local office in c �C _ and principal office in ejaAgri 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. )1-- .0 Z `'described as: Lands Mairteir6ance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavitlased upon his own knowledge. 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 any one 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 any one associated with them have any 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. 18.81 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. this day of 201 � rta � � k ^ fct e� WL �' NT Print or Type Name and Title to and subscribed before me this -& day of ����jjjj Personally Known OR O Produced Identification ;Type c NOTARY PUBLIC STATE OF FLORIDA JASON R. wESTFORT MY COMMISSION #DD 992109 EXPIRES: June 13, 2014 Bonded Tbm NAq public Underwriters DECEMBER 28, 2010 5 of 7 O F 5 J •v J r' C! E, DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue gunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax (305) 949 -3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing 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? YES NO 19.2. Has your firm, or any member of your firm, 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 provides 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. So cam LL C- Fi rm. Date , ized Signature Print or Type Name and Title DECEMBER 26, 2010 6 of 7 •'ly 5)�i fs 9 u = STATE OF FLORIDA ) COUNTY OF qA(,P ) ANTI - KICKBACK City of Sunny Isles Beach 18070 CoWns Avenue sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fa)c (305) 949 -3113 ANTI - KICKBACK AFFIDAVIT 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 City 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. The foregoing of person], as _ executed]. By. TULfi�j Title: instrument was acknowledged before me this 6-1 day of 20-L__, by [name AFFDC NOTARY STAMP HERE: ,ASauaweRI'm -.. .: W GOWASSION # DD 992109 EXPIRES: June 13, 2014 [type of authority], for [name of party on behalf of whom instrument was Notary #0b j ,— State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced DECEM6ER 28, 2010 7of7 2 L. SECTION 4 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID '� Addendum #1, Dated `'a- hC- Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #S, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: a.L ( V\A e- `- r ' -( AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: ' )%/44 PACE 29 of 32 BID No. 11 -02 -01 2 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 perform 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 City'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, discrepancies 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, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, 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, firm 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. Ftwm NAME: 0. C' � m e-- LL Street Address �O D 2— -b 0 Ca, kr'40 s Mailing Address (if different): -F-L , r:?-� 3 e PAGE 30 of 32 Bm No. 11 -02 -01 2L� Tele hone No. 6 74- 6 + 60Fax No. P u cd `FEIN No. -JJ� Email Address * °BYSIGNING THISDOCUME/VT THEBIDDERAGREES TOALL Tk9w SIGNATURE: (SIGNATU OF UTHORIZED AGENT) PRINT NAM : TmE: THE EXECUTION OF THIS FORM CONSRTUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL,. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BADS THE PROPOSER TO THE TERMS OF ITS OFFER. PAGE 31 of 32 BID No. 11 -02 -01 .Z—cT Preview Iry r`rr OF soM h�v TO: FROM: DATE: RE: Page 1 of 2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Susan Simpson, Cultural and Human Services Director 2/16/2012 Addendum to Agreement with Snack Time LLC for Concessionaire Services RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to amend the agreement with Snack Time LLC to add Pelican Community Park to their Concessionaire Services for the City in an amount paid to the City of One Hundred Fifty Dollars ($150.00) monthly. REASONS: Snack Time LLC is contracted with the City to provide Concessionaire Services at Samson Oceanfront Park. Snack Time is interested in expanding their services to Pelican Community Park where a concession stand is located and not currently being operated. The City desires to provide concession services to the park patrons after school hours and on the weekends. Snack Time can provide those services to the community with little expense to the City. ADDITIONAL INFORMATION: The City will provide the concession space that currently exists at Pelican Community Park and will be responsible for the utilities related to that space. Snack Time LLC will be responsible for all other expenses related to their services such as personnel costs, inventory, and equipment. FUNDING SOURCE: Funding is not required for this item. http: / /sibagenda. sibfl. net /agendalPreview.aspx ?ItemID= 706 &MeetingID= O &MeetingDate =... 2/8/2012 Preview ATTACHMENTS: Resolution Page 2 of 2 http: / /sibagenda. sibfl. net /agenda /Preview. aspx ?ItemID= 706 &MeetingID= O &MeetingDate =... 2/8/2012