HomeMy Public PortalAbout2023-75 Selecting and authorizing an agreement with Aguamiel, LLC for a food and beverage concession in the Community CenterRE SO L U T IO N N O . 2023-75
A RE S O L U T IO N O F T H E V IL L A G E C O UN C IL O F TH E
V IL L A G E O F K E Y B ISC A Y N E , F L O RI D A , SE L E C T IN G
A N D A U T H O RI Z IN G T H E V IL L A G E M A N A G E R TO
N E G O T IA T E A N D E X E C U T E A C O N C E SSIO N
A G RE E M E N T W IT H A G U A M IE L L L C FO R A FO O D A N D
B E V E RA G E C O N C E SSIO N IN TH E V IL L A G E
C O M M U N IT Y C E N T E R ; P R O V ID IN G FO R
A U T H O RI Z A T IO N ; A N D PR O V ID IN G FO R A N
E F F E C T IV E D A T E .
W H E RE A S , on July 14, 2023, the Village of Key Biscayne (the "Village") issued Request
for Proposal No. 2023-14 (the "RFP") for a food and beverage concession at the Village
Community Center (the "Services"); and
WHEREAS, two sealed proposals were received by the RFP deadline; and
WHEREAS, on August 21, 2023, an Evaluation Committee appointed by the Village
Manager evaluated the proposals submitted by the RFP deadline and ranked Aguamiel LLC
(the "Contractor") as the highest ranked firm; and
WHEREAS, the Village Council desires to select the Contractor and authorize the Village
Manager to negotiate and execute a concession agreement, in substantially the form attached
hereto as Exhibit "A," with the Contractor for the privilege of providing the Services in exchange
for a $2,000 monthly concession fee to the Village; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Page I of2
Section 2.
Services.
Section 3.
Selection. That the Village Council hereby selects the Contractor for the
Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and execute a concession agreement, in substantially the form attached
hereto as Exhibit "A," for the privilege of providing the Services in exchange for a $2,000 monthly
concession fee to the Village, subject to the Village Attorney's approval as to form, content, and
legal sufficiency. If an agreement cannot be reached with the Contractor, the Village Manager is
authorized to negotiate and execute an agreement with the next highest ranked firm(s), in order of
ranking, as provided in the Staff Memorandum supporting this Resolution, until an agreement in
the best interest of the Village is reached.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 14th day of _,_N-'-'o"-'v'-=e=m=b=e1=-· , 2023.
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of2
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KEY BISCAYNE COMMUNITY CENTER
CONCESSION AGREEMENT
THIS COMMUNITY CENTER CONCESSION AGREEMENT (hereinafter the
"Agreement") is made as of this __ day of 1211812023 , 2023 by and between the VILLAGE
OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation (hereinafter the "Village")
and AGUAMIEL LLC (hereinafter the "Concessionaire").
WHEREAS, the Village is the owner of that certain real property located at 95 West
McIntyre Street, Key Biscayne, Miami-Dade County, Florida and commonly known as the Key
Biscayne Community Center (the "Community Center"); and
WHEREAS, the Village desires to grant Concessionaire revocable license to operate a
food and beverage concession (the "Concession") in accordance with Village Request for Proposal
No. 2023-14 (the "RFP"), which RFP is incorporated by this reference as though fully set forth
herein, the Scope of Services attached hereto as Exhibit "A," and the Concessionaire's Proposal
attached hereto as Exhibit "B"; and
WHEREAS, Concessionaire shall operate the Concession on the first floor of the
Community Center in the approximate location shown on Exhibit "C" attached hereto (the
"Concession Location"); and
WHEREAS, the Village desires to engage the Concessionaire to perform the concession
services at the Community Center and provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement by reference.
2. Concession Grant. The Village grants to Concessionaire and Concessionaire
accepts from the Village the exclusive, revocable license to operate and maintain the food and
beverage Concession in the Concession Location, subject to and in accordance with the terms of
this Agreement, the Village's RFP, the Scope of Services attached hereto as Exhibit "A," the
Concessionaire's Proposal attached hereto as Exhibit "B." The Concession granted shall constitute
a license to use that portion of the Community Center designated as the Concession Location, as
identified in Exhibit "C" attached hereto. This Agreement does not constitute a lease, and no
landlord/tenant relationship shall be created. This Agreement shall not impair or affect the
Village's authority to provide for vending machines containing snacks and beverages at the
Community Center or to host or allow special events at which foods and beverages are served by
Village or other persons at the Community Center.
3. Condition of Concession Location. Taking possession of the Concession
Location by Concessionaire shall constitute acknowledgment that the Community Center and the
Concession Location are in good condition. Concessionaire shall accept the Concession Location
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in its presently existing condition, and the Village shall not be required to make any alterations to
the Concession Location or to the Community Center. The parties hereto understand and agree
that all of the existing improvements to the Concession Location less and except the Removable
Items as provided in Article 6 are and shall remain the property of the Village.
4. Concession Fee. Concessionaire shall pay to the Village during the initial term of
this Agreement $2,000.00 per month (the "Monthly Fee") together with all applicable sales taxes
due thereon, for the exclusive, revocable license to operate the Concession at the Concession
Location in accordance with the Concessionaire's Proposal attached hereto as Exhibit "B." The
payments shall be paid to the Village on the first (1st) day of each month in advance, and payments
shall be made to the order of the Village of Key Biscayne and mailed to Village of Key Biscayne,
88 West McIntyre Street, Key Biscayne, Florida 33149, to the attention of Finance Director.
5. Use of Premises. The Concession Location shall be used by Concessionaire solely
to operate and maintain the food and beverage Concession. Concessionaire shall not use or permit
the Concession Location to be used for any other purpose. Concessionaire shall not sell, serve,
provide or allow the consumption or use of any alcoholic beverages or tobacco products at the
Concession Location.
6. Equipment Required of Concessionaire. All equipment provided by
Concessionaire that is removable from the Concession Location without any damage (the
"Removable Items") to the Concession Location shall remain the property of Concessionaire and
may be removed by Concessionaire at the termination of this Agreement. If such Removable
Items are not removed within thirty (30) days after termination of this Agreement, the
Removable Items shall become the property of the Village, at the Village Manager's discretion.
7. Quality of Service. All items sold by Concessionaire shall be of first class quality,
commensurate with the Community Center, and the services provided by Concessionaire shall be
rendered courteously and efficiently. The Village reserves the right to prohibit the sale of any item
that it deems objectionable, and the Village shall have the right to order the improvement of the
quality of either the foods, items, or the services rendered.
8. Menu and Charges. Maximum rates and charges for foods and beverages to be
sold and services to be rendered are as set forth in the Concessionaire-proposed and Village
approved menu, which menu may be amended by agreement of the parties hereto. Concessionaire
shall post the prices for all foods and beverages in such places as the Village Manager may
designate.
9. [OMITTED]
10. Hours of Operation. Concessionaire shall operate the Concession seven (7) days
each week during the term of this Agreement from 7:30 a.m. to 7:00 p.m. on Monday to and
including Thursday, and from 9:00 a.m. to 6:00 p.m. on Friday, Saturday, and Sunday. The Village
Manager reserves the right to establish different hours of operation at any time that the Village
Manager deems the same to be necessary, but shall not reduce hours to less than a total of sixty
(60) hours per week. The Village shall determine those holidays for which the Community Center
shall be closed to the public and to Concessionaire. The Concessionaire may request approval
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from the Village Manager to reduce the total hours of operation or alter the hours of operation,
which approval shall not be unreasonably withheld.
11. Employees of Concessionaire. Concessionaire shall at all times employ only those
persons of good moral character and Concessionaire shall not retain any employee that the Village
considers to be unfit for employment or otherwise objectionable. All employees of Concessionaire
shall be well groomed and neatly dressed at all times. Employees shall conduct themselves
courteously in their relations with the public.
12. Utilities. The Village shall provide routine water, telephone, sewer and electric
service. Concessionaire shall pay all applicable connection fees of utilities and any impact fees
imposed by government entity concerning the Concession Location. Concessionaire shall pay for
any long distance or toll telephone service. The failure or the interruption or termination of any
utility services, in whole or in part, shall not render the Village liable in any respect to
Concessionaire, nor work an abatement of the Monthly Fee, nor relieve Concessionaire from the
obligation to fulfill any covenant or agreement hereof.
13. Term. The initial term of this Agreement shall be for two (2) years, and shall
commence on the date indicated in a Notice to Proceed issued by the Village and end twenty-four
(24) months thereafter. The term of this Agreement is subject to the option to renew as provided
in Article 14, and to sooner termination as provided in Article 29 below.
14. Option to Renew. The Village shall have the option to renew this Agreement for
up to three (3) successive additional one (1) year terms after the expiration of the initial term,
provided that at a time not later than ninety (90) days prior to the expiration of the initial or then
current renewal term of this Agreement, Concessionaire serves a written notice on the Village
Manager of Concessionaire's desire to extend the term of the Agreement, and provided further,
that no Concessionaire uncured event of default has occurred and is continuing at the time the said
option is exercised and at the time of expiration of the initial term or a renewal term, as the case
may be. All of the provisions of this Agreement shall remain the same during any renewal term
unless both parties mutually agree to revise any of the provisions. The option to renew is, and shall
remain, subject to the provisions of Article 29 of this Agreement, concerning termination by the
Village.
15. Repair and Maintenance of Concession Location. Except as provided in Article
16, Concessionaire shall maintain the Concession Location in good order and repair at
Concessionaire's own expense during the entire term of this Agreement and any extensions and
renewals thereof. Concessionaire shall perform any required maintenance and repairs at
Concessionaire's own expense. If Concessionaire neglects or refuses to do so, the Village shall
have the right to perform necessary maintenance or repairs for the account of Concessionaire, and
Concessionaire shall promptly reimburse the Village for the cost of such necessary maintenance
or repairs, provided that the Village shall first give Concessionaire ten ( 10) days written notice of
its intention to perform necessary maintenance or repairs to enable Concessionaire to perform
necessary maintenance or repairs at Concessionaire's own expense.
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16. Structural Maintenance. Structural maintenance to the Concession Location and
painting and decoration, whether interior or exterior, shall be done by the Village, except that the
Concessionaire must repair any damages which it has caused.
17. Alterations. No alterations or additions of any character shall be made on or to the
Concession Location by Concessionaire without obtaining the prior written consent of the Village
Manager. If alterations or additions are made, they shall be made at the sole cost and expense of
Concessionaire.
18. Improvements as Property of the Village. All new alterations and additions to
the Concession Location (the "Improvements"), except as provided in Article 6 as to Removable
Items, shall remain on the Concession Location and become the property of the Village on the
termination of this Agreement.
19. Maintenance of Equipment. Concessionaire shall maintain all equipment used
for the Concession in good working condition at all times, at Concessionaire's sole cost and
expense, for the operation of the Concession. Concessionaire shall be responsible for replacing,
with the exception ofreasonable wear and tear, any equipment of the Village that becomes missing,
damaged beyond repair, or too unsanitary for use; Concessionaire shall replace all equipment that
Concessionaire has acquired or will acquire from the previous Concessionaire if it becomes unfit
for use.
20. Premises to be Kept Clean. Concessionaire shall keep the Concession Location
in a clean and sanitary condition at all times. Concessionaire shall store all trash and garbage in
the containers provided by Concessionaire for that purpose. Concessionaire shall provide and pay
for the removal of all trash and garbage from the Concession Location, if Village's solid waste
collection service provider imposes any charge for such service.
21. Right of Access. The Village shall have access to the Concession Location, and to
each part of the Concession Location, during the regular business hours of Concessionaire for the
purpose of inspecting the same and making repairs to the Concession Location.
22. Damage to Concession Location. If at any time during the term of this Agreement
the Concession Location is damaged by fire, act of nature, or other cause beyond the control of
Concessionaire, to the extent that continued use of the Concession Location is not practical,
Concessionaire may, on written notice to the Village delivered within ten (10) days after the
damage has occurred, terminate this Agreement without any liability of Concessionaire to the
Village except for the payment of concession fees accrued to the date of termination. If
Concessionaire does not elect to terminate this Agreement, the Village shall, with due diligence,
restore the Concession Location to operative condition, but the Village shall not be obligated under
this provision to expend on such restoration more than the proceeds of any insurance received by
it on account of the damage. The Village shall not be responsible for any profits lost by
Concessionaire due to the partial or complete damage or destruction of the Concession Location.
If the use of the Concession Location is not practical due to such damage, then Concessionaire
shall not be responsible for the Monthly Fee from the date of the damage until the date that the
repair is complete.
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23. Signs, Advertising, Name. Concessionaire shall not erect any sign on the
Concession Location or in the vicinity of the premises without obtaining the advance written
approval of the Village Manager. The Concession Location shall be known by the name proposed
by the Concessionaire and approved by the Village and this name may not be changed without
obtaining the advance written approval of the Village Manager.
24. Licenses and Permits. Concessionaire shall obtain and pay for all Village, County,
State and Federal permits and all licenses that may be required for the operation of the Concession
and for all Improvements and alterations made by the Concessionaire to the Concession Location
as permitted by the terms of this Agreement.
25. Compliance with Laws. Concessionaire shall comply with all applicable federal,
state, local, and Village laws governing the operation of the Concession and with Village's
operating procedures for the Community Center. Violation of state laws or the ordinances of
Miami-Dade County, Florida or the Village or Village's operating procedures shall be considered
as cause for termination of this Agreement by Village. Village shall be responsible for the
Community Center's compliance with the Americans with Disabilities Act (the "ADA").
However, Concessionaire shall be responsible for accommodating all special ADA-related
requests arising out of Concessionaire's use of the Concession Location.
26. Payment of Bills. Concessionaire shall promptly pay all debts incurred by
Concessionaire for the purchase of goods or services used by Concessionaire in the operation of
the Concession. Concessionaire shall not allow any lien or purported lien to be placed on the
Concession Location or equipment or upon the Community Center. The Community Center shall
fully retain its immunity from all encumbrances or liens as municipal property.
27. Taxes. Concessionaire shall pay all taxes on personal property belonging to
Concessionaire located on the Concession Location, and Concessionaire shall pay all sales and
other taxes levied against the use and operation of the Concession business, the Monthly Fee and
real property taxes, if any, assessed against the Concession Location.
28. Indemnification.
28.1 Concessionaire shall indemnify and hold harmless the Village, its officers,
agents and employees, from and against any and all demands, claims, losses, suits, liabilities,
causes of action, judgment or damages, arising from Concessionaire's performance or non
performance of any provision of this Agreement, including, but not limited to, liabilities arising
from contracts between the Concessionaire and third parties made pursuant to this Agreement.
Concessionaire shall reimburse the Village for all its expenses including reasonable attorneys' fees
and costs incurred in and about the defense of any such claim or investigation and for any judgment
or damages arising from Concessionaire's performance or non-performance of this Agreement.
28.2 Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The Village is subject to section
768.28, Florida Statutes, as may be amended from time to time.
28.3 The provisions of this section shall survive termination of this Agreement.
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29. Termination.
29.1 Termination for Convenience. The Village may terminate this Agreement
for convenience at any time, with or without cause, by providing thirty (30) days written notice to
the Concessionaire of Village's election to terminate.
29.2 Discontinuance. If the Village Council decides to discontinue food and
beverage Concession service at the Community Center, the Village may terminate this Agreement
or any renewal thereof upon 30 days advance written notice to Concessionaire.
29.3 Concessionaire's Default. If Concessionaire is in default of any of the
terms of this Agreement, the Village shall give Concessionaire a written notice specifying the
particulars of such default. If Concessionaire fails to cure the default within twenty (20) days after
receipt by Concessionaire of the notice, the Village may terminate this Agreement immediately
for cause.
29.4 Termination by the Village. In the event that the Village terminates this
Agreement during the initial term or during any renewal term, the Concessionaire shall have the
option to remove the Removable Items pursuant to the terms and conditions set forth in Article 6
hereof or offer to sell to the Village such Removable Items at a price and terms then to be mutually
agreed upon by the Village and Concessionaire. The Village may accept or reject such offer of sale
by Concessionaire at its sole and absolute discretion.
29.5 Concession Location on Termination. On the termination of this
Agreement for any reason, the Village shall have full authority to take full and exclusive possession
and use of the Concession Location without the necessity of obtaining any legal process.
Concessionaire stipulates that the Village shall not be liable to prosecution or for damages for
resuming exclusive possession and use of the Concession Location.
30. Assignment Prohibited. Concessionaire shall operate the Concession directly
through its employees and shall not assign any right, privilege, or license conferred by this
Agreement; nor may Concessionaire sub license the whole or any part of the Concession Location.
31. Nondiscrimination. Concessionaire shall not discriminate against any employee
or applicant for employment because of race, color, creed, sex, age, or national origin or sexual
orientation. Concessionaire and Concessionaire's employees shall not discriminate against any
person because of race, color, age, creed, sex, sexual orientation or national origin by refusing to
furnish such person any service or privilege offered to or enjoyed by the general public.
32. Independent Contractor. The Contractor and its employees, volunteers and
agents shall be and remain an independent contractor and not an agent or employee of the Village
with respect to all of the acts and services performed by and under the terms of this Agreement.
This Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
3 3. Waiver of Breach. The waiver by the parties of any breach of any term contained
in this Agreement shall not be deemed to be a waiver of such term for any subsequent breach of
the same or any other term. The subsequent acceptance of a concession fee payment by the Village
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shall not be deemed to be a waiver of any prior occurring breach by Concessionaire of any term
contained in this Agreement regardless of the knowledge of the Village of the prior existing breach
at the time of the acceptance of the concession fee payment.
34. Material Terms. Each term of this Agreement is material. A breach by
Concessionaire of any one of the terms of this Agreement shall be considered to be a material
breach of the entire Agreement and shall be grounds for the termination of the entire Agreement
by the Village, after expiration of any applicable notice and cure period.
35. Headings for Convenience Only. The article/paragraph headings contained in this
Agreement are for convenience of reference only and are not intended to define or limit the scope
of any provision of this Agreement.
36. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Florida and any proceeding arising between the parties in any manner pertaining or
related to this Agreement shall, to the extent permitted by law, be held in Miami-Dade County,
Florida.
37. Attorneys Fees and Waiver of Jury Trial.
37.1 In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any
paralegals, law clerks and legal assistants, and including fees and expenses charged for
representation at both the trial and appellate levels.
37.2 IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY
AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY.
38. Entire Agreement/Modification/ Amendment.
38. l This writing contains the entire Agreement of the parties and supersedes any
prior oral or written representations. No representations were made or relied upon by either party,
other than those that are expressly set forth herein.
38.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same formality as this
document.
39. Notices. Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail
with postage prepaid return receipt requested, or by a private postal service, addressed to the parties
( or their successors) at the addresses listed on the signature page of this Agreement or such other
address as the party may have designated by proper notice.
40. Conflicts; Order of Priority. This document without exhibits is referred to as the
"Base Agreement." In the event of a conflict between the terms of this Base Agreement and
any exhibits or attachments hereto, or any documents incorporated herein by reference, the
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conflict shall be resolved in the following order of priorities and the more stringent criteria
for performance of the Concession shall apply:
40.1 First Priority: amendments to this Base Agreement that are in writing and
executed by both parties, with later amendments taking precedence;
40.2 Second Priority: this Base Agreement;
40.3 Third Priority: Exhibit "A," the Scope of Services;
40.4 Fourth Priority: Village Request for Proposal No. 2023-14;
40.5 Fifth Priority: Exhibit "C," the Concession Location; and
40.6 Sixth Priority: Exhibit "B," the Concessionaire's Proposal.
41. Reservation; Authority.
41.1 Rights Reserved.
Concessionaire are reserved by Village.
Any rights not expressly granted herein by Village to
41.2 Regulatory Approval. Village cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may
relate to regulations of general applicability which may govern the Concession or any operations
at the Concession. Nothing herein shall be deemed to create an affirmative duty of Village to
abrogate its sovereign right to exercise its police powers and governmental powers by approving
or disapproving or taking any other action in accordance with its ordinances, rules and regulations,
federal laws and regulations and state laws and regulations.
42. Counterparts This Agreement and any amendments may be executed in one or
more counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
43. Insurance. Concessionaire shall secure and maintain throughout the duration of
this Agreement insurance of such types and in such amounts not less than those specified below
as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm
rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the Village, its officials, employees, agents
and volunteers naming the Village as additional insured. Any insurance maintained by the Village
shall be in excess of the Concessionaire's insurance and shall not contribute to the
Concessionaire's insurance. The insurance coverages shall include at a minimum the amounts set
forth in this Article and may be increased by the Village as it deems necessary or prudent.
43 .1 Commercial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage.
This Liability Insurance shall also include Completed Operations and Product Liability coverages
and eliminate the exclusion with respect to property under the care, custody and control of
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Concessionaire. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
43 .2 Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The policy(ies)
must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the Concessionaire shall be allowed to provide Services
pursuant to this Agreement who is not covered by Worker's Compensation insurance.
43.3 Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business Automobile Liability
policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include
Owned, Hired, and Non-Owned Vehicles.
43.4 Commercial All Risk Property Insurance covering all items included in
Concessionaire's operations and at the Concessionaire Location, including fixtures, equipment,
merchandise and personal property located at the Concession Location, and all alterations,
additions or changes made by Concessionaire, pursuant to Article 17, in an amount not less than
100% of their full replacement value.
43.5 Certificate ofl nsurance. Certificates oflnsurance shall be provided to the
Village, reflecting the Village as an Additional Insured ( except with respect to Professional
Liability Insurance), no later than ten (10) days after award of this Agreement and prior to the
execution of this Agreement by Village and prior to commencing any Concession services. Each
certificate shall include no less than (30) thirty-day advance written notice to Village prior to
cancellation, termination, or material alteration of said policies or insurance. The Concessionaire
shall be responsible for assuring that the insurance certificates required by this Article remain in
full force and effect for the duration of this Agreement, including any extensions or renewals that
may be granted by the Village. The Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and return a
certified copy of such policies, upon written request by the Village. If a policy is due to expire
prior to the completion of the Concession services, renewal Certificates of Insurance shall be
furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy
certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written
notice shall be provided to the Village before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the Village.
43.6 A dditional Insured. The Village is to be specifically included as an
Additional Insured for the liability of the Village resulting from the Concession services performed
by or on behalf of the Concessionaire in performance of this Agreement. The Concessionaire's
insurance, including that applicable to the Village as an Additional Insured, shall apply on a
primary basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Concessionaire's insurance. The Concessionaire's insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of liability,
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the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
43.7 Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the Village. The Concessionaire shall be responsible for the
payment of any deductible or self-insured retentions on Concessionaire's insurance in the event of
any claim.
43.8 The provisions of this Article shall survive termination of this Agreement.
44. Severability. If any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
45. Survival of Provisions. Any terms or conditions of either this Agreement that
require acts beyond the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
46. Prohibition of Contingency Fees. The Concessionaire warrants that it has not
employed or retained any company or person, other than a bona fide employee working solely for
the Concessionaire, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Concessionaire, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
49. Public Entity Crimes Affidavit. Concessionaire shall comply with Section
287 .13 3, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby
incorporated herein by reference, including execution of any required affidavit.
50. Public Records Act Compliance
50.1 Concessionaire acknowledges that all inventions, innovations,
improvements, developments, methods, designs, analyses, drawings, reports, compiled
information, and all similar or related information (whether patentable or not) which relate to
Services to the Village which are conceived, developed or made by Concessionaire during the term
of this Agreement ("Work Product") belong to the Village. Concessionaire shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the Village
(whether during or after the term of this Agreement) to establish and confirm such ownership
(including, without limitation, assignments, powers of attorney and other instruments).
50.2 Concessionaire agrees to keep and maintain public records in
Concessionaire's possession or control in connection with Concessionaire's performance under
this Agreement. The Village Manager or her designee shall, during the term of this Agreement and
for a period of three (3) years from the date of termination of this Agreement, have access to and
the right to examine and audit any records of the Concessionaire involving transactions related to
this Agreement. Concessionaire additionally agrees to comply specifically with the provisions of
Village of Key Biscayne, FL Contra ct No.: 2023-14 Page 10 of 13
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260
Section 119.0701, Florida Statutes. Concessionaire shall ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not disclosed, except
as authorized by law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the Village.
50.3 Upon request from the Village custodian of public records, Concessionaire
shall provide the Village with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
50.4 Unless otherwise provided by law, any and all records, including but not
limited to reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the Village.
50.5 Upon completion of this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession of the Concessionaire
shall be delivered by the Concessionaire to the Village Manager, at no cost to the Village, within
seven (7) days. All such records stored electronically by Concessionaire shall be delivered to the
Village in a format that is compatible with the Village's information technology systems. Once
the public records have been delivered upon completion or termination of this Agreement, the
Concessionaire shall destroy any and all duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
50.6 Any compensation due to Concessionaire shall be withheld until all records
are received as provided herein.
50.7 Concessionaire's failure or refusal to comply with the provisions of this
section shall result in the immediate termination of this Agreement by the Village.
50.8 Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: ikoch@keybiscayne.fl.gov
51. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the
Village requires all contractors doing business with the Village to register with and use the E
Verify system to verify the work authorization status of all newly hired employees. The Village
will not enter into a contract unless each party to the contract registers with and uses the E-Verify
system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions
on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
Village of Key Biscayne, FL Contract No .. 2023-14 Page 11 of 13
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260
verif. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank. Signature pages follow.]
Village of Key Biscayne, FL Contract No.: 2023-14 Page 12 of 13
DocuSign Envelope ID: 0F109D59-764E-4 BAF-A0EF-CCC6FA667260
IN WITNESS WH EREOF, the parties hereto have caused this Agreement to be executed the day
and year as first stated above.
VIL LA GE O F KE Y BISCAYNE
G D ocuSigned by:
By: Y=e~~iLJi~Sb~
Steven C. Williamson
Village Manager
Attest: l1 DocuSigned by:
By: ~:s~~:9~~~~
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By [fw•;;;,,1..,..,_
Weiss S~~,gt~'Ifa'ffii'iiri Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliarnson@keybiscayne.fl.gov ( email)
W ith a copy to:
Weiss Serota Hellman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email)
Name: __ D_a_v_i_d_S_u_a_re_z _
Title: __ P_re_s_i_d_e_n_t _
Entity: AGUAMIEL LLC
DocuSigned by:
f~~ \b~~ "-!!.!!J!l\P-'
Addresses for Notice:
1900 SW 8th ST APT W205, Miami FL 33135
A uamiel LLC
786-650-4076
a ua_miel@outlook.com
W ith a copy to:
Earnheardt 1000 Brickel plz APT
2506 Miami Fl 33131
------'-4-'-'12"--=26-'-6'--3-'-0C....C0'-'-5 (telephone)
____________ (facsimile)
____ j""'m.,_,,e=a""'rh.,_,,e=a"-'rd=t=®'-"g..,_,m.,_,,a=il.,_,,.c=o.,_,_m.___( email)
V ill age of K ey B iscayne, FL Contract N o.: 2023-14 Page 1 of 13
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
SECTION 2. PROJECT DESCRIPTION
2.1 DESCRIPTION:
The purpose of this RFP is to establish a contract for to operate the Community Center Food and Beverage
Services Concession consisting of approximately 180 square feet of existing Concession Space (see Exhibit
"A") in the existing Village of Key Biscayne Community Center building located at 10 Village Green Way,
Key Biscayne, Florida. The Village intends to license a qualified Food and Beverage Service provider
("Concessionaire") to operate and maintain the Concession Space and provide Food and Beverage
Services in a manner that conforms to the requirements of this RFP and is most advantageous to the
Village.
All proposals submitted in response to this RFP and any Concession Agreement awarded to the Successful
Proposer must conform to the following terms and conditions.
2.2 SCOPE OF WORK
2.2.1 Health and Safety Standards:
As the Concessionaire, the Successful Proposer shall comply with all applicable local, state and
federal laws and health and safety requirements, with all latest revisions or amendments, including
but not limited to, the Occupational and Safety and Health Administration (OSHA) standards, State
of Florida Department of Agriculture and Consumer Services, or the Division of Hotels and
Restaurants of the State of Florida Department of Business and Professional Regulation, as
applicable, and Rule E64-ll, Florida Administrative Code.
2.2.2 Menu:
The Proposer shall construct and submit a Menu of proposed food and beverage products, with
prices, to be offered at the Concession Space, along with a copy of each item's US Food & Drug
Administration mandated Nutritional Facts Label and proposed pricing. The proposed Menu should
highlight all food and beverage items having high nutritional qualities, such as "sugar-free", "low
sugar", "low calorie", "organic", "fat-free", "low fat", "non-GMO", "cholesterol-free", "low
cholesterol", "no transfat", etc.
At least thirty percent (30%) of foods offered for sale shall meet the following nutritional
requirements:
1. Not more than 35 percent of its total calories shall be from fat.
2. Not more than 10 percent of its total calories shall be from saturated fat.
3. Not more than 35 percent of its total weight shall be composed of sugar, including
naturally occurring and added sugar.
4. Not more than 175 calories per individual food item.
At least fifty percent (50%) of beverages offered for sale shall meet the following nutritional
requirements:
1. Fruit-based drinks that are composed of no less than 50 percent fruit juice and that have
no added sweeteners.
2. Drinking water.
3. Milk, including, but not limited to, chocolate milk, soy milk, rice milk, and other similar
dairy or nondairy milk.
4. Electrolyte replacement beverages that do not contain more than 42 grams of added
8
Exhibit A
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
sweetener per 20 ounce serving.
The higher the overall nutritional value of the proposed Menu, the more points will be awarded in
the evaluation. Prices for food and beverage items having high nutritional qualities or satisfying the
nutritional requirements shall not be more than ten percent (10%) greater than the prices of
comparable products without such high nutritional quality or requirements.
2.2.3 Concession Requirements and Conditions:
It is the responsibility of each Proposer, before submitting a proposal in response to this RFP, to
obtain and carefully review the Concession Requirements and Conditions and the Contract
Documents for the Concession License.
2.2.4 Concessionaire's Relation to the Village:
It is expressly agreed and understood that the Concessionaire is in all respects an independent
contractor as to all Services hereunder, and that the Concessionaire is in no respect an agent,
servant or employee of the Village.
2.2.5 Assignment:
The Concessionaire shall not transfer or assign the performance of the Services required by this RFP
and the Contract without the Village's prior written consent.
2.2.6 Hours of Operation:
The concessionaire shall operate the Concession seven (7) days each week during the term of this
Agreement from 7:30 a.m. to 7:00 p.m. on Monday to and including Thursday, and from 9:00 a.m.
to 6:00 p.m. on Friday, Saturday, and Sunday. The Village Manager reserves the right to establish
different hours of operation at any time that the Village Manager deems the same to be necessary
but shall not reduce hours to less than a total of sixty (60) hours per week. The Village shall
determine those holidays for which the Community Center shall be closed to the public and to
Concessionaire. The Concessionaire may request approval from the Village Manager to adjust the
total hours of operation or alter the hours of operation, which approval shall not be unreasonably
withheld.
2.2.7 Employees of Concessionaire:
The Concessionaire shall at all times employ only those persons of good moral character and
Concessionaire shall not retain any employee that the Village considers to be unfit for employment
or otherwise objectionable. All employees of Concessionaire should be well groomed and neatly
dressed at all times. Employees shall conduct themselves courteously in their relations with the
public.
2.2.8 Signs, Advertising, Name:
The concessionaire shall not erect any sign on the Concession Location or in the vicinity of the
premises without obtaining the advance written approval of the Village Manager. The Concession
Location shall be known by the name proposed by the Concessionaire and approved by the Village
and this name may not be changed without obtaining the advance written approval of the Village
Manager.
9
Exhibit A
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA6672 60
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
2.3 MAINTENANCE AND REPAIRS
2.3.1 Concession Space Maintenance:
The Concessionaire shall always maintain a sanitary, safe, and courteous environment and provide
high quality service while operating the Concession.
The Concession Location shall be used by Concessionaire solely to conduct a food and beverage
business. Concessionaire shall not use or permit the Concession Location to be used for any other
purpose. Concessionaire shall not sell, serve, provide or allow the consumption or use of any
alcoholic beverages or tobacco products at the Concession Location.
2.3.2 Repairs and Maintenance of Location:
The Concessionaire shall maintain the Concession Location in good order and repair at the
Concessionaire's own expense during the entire term of this Agreement and any extensions and
renewals thereof. The Concessionaire shall perform any required maintenance and repairs at
Concessionaire's own expense. If Concessionaire neglects or refuses to do so, the Village shall have
the right to perform necessary maintenance or repairs for the account of Concessionaire, and
Concessionaire shall promptly reimburse the Village for the cost of such necessary maintenance or
repairs, provided that the Village shall first give Concessionaire ten (10) days written notice of its
intention to perform necessary maintenance or repairs to enable Concessionaire to perform
necessary maintenance or repairs at Concessionaire's own expense.
2.3.3 Structural Maintenance:
Structural maintenance to the Concession Location and painting and decoration, whether interior
or exterior, shall be done by the Village, except that the Concessionaire must repair any damages
which it has caused.
2.3.4 Alterations:
No alterations or additions of any character shall be made on or to the Concession Location by
Concessionaire without obtaining the prior written consent of the Village. If alterations or additions
are made, they shall be made at the sole cost and expense of Concessionaire.
2.3.5 Improvements as Property of the Village:
All new alterations and additions to the Improvements in the Concession Location, except as
provided in Article 6 as to Removable Items, shall remain on the Concession Location and become
the property of the Village on the termination of this Agreement.
2.3.6 Maintenance of Equipment:
Concessionaire shall maintain all equipment used for the Concession in good working condition at
all times, at Concessionaire's sole cost and expense, for the operation of the Concession.
Concessionaire shall be responsible for replacing, with the exception of reasonable wear and tear,
any equipment of the Village that becomes missing, damaged beyond repair, or too unsanitary for
use; Concessionaire shall replace all equipment that Concessionaire has acquired or will acquire
from the previous Concessionaire if it becomes unfit for use.
2.3.7 Premises to be Kept Clean:
Concessionaire shall keep the Concession Location in a clean and sanitary condition at all times.
Concessionaire shall store all trash and garbage in the containers provided by Concessionaire for
10
Exhibit A
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
that purpose. Concessionaire shall provide and pay for the removal of all trash and garbage from
the Concession Location, if Village's solid waste collection service provider imposes any charge for
such service.
2.3.8 Damage to Concession Location:
If at any time during the term of this Agreement the Concession Location is damaged by fire, act of
nature, or other cause beyond the control of Concessionaire, to the extent that continued use of
the Concession Location is not practical, Concessionaire may, on written notice to the Village
delivered within ten (10) days after the damage has occurred, terminate this Agreement without
any liability of Concessionaire to the Village except for the payment of concession fees accrued to
the date of termination. If Concessionaire does not elect to terminate this Agreement, the Village
shall, with due diligence, restore the Concession Location to operative condition, but the Village
shall not be obligated under this provision to expend on such restoration more than the proceeds
of any insurance received by it on account of the damage. The Village shall not be responsible for
any profits lost by Concessionaire due to the partial or complete damage or destruction of the
Concession Location. If the use of the Concession Location is not practical due to such damage,
then the Concessionaire shall not be responsible for the Monthly Fee from the date of the damage
until the date that the repair is complete.
2.3.8 Utilities:
The Village shall provide routine water, telephone, sewer, and electric service. Concessionaire shall
pay all applicable connection fees of utilities and any impact fees imposed by government entity
concerning the Concession Location. Concessionaire shall pay for any long distance or toll
telephone service. The failure or the interruption or termination of any utility services, in whole or
in part, shall not render the Village liable in any respect to Concessionaire, nor work an abatement
of the Monthly Fee, nor relieve Concessionaire from the obligation to fulfill any covenant or
agreement hereof.
2.4 EQUIPMENT
2.4.1 Equipment Installation:
Where the Concessionaire will be installing Equipment and/or fixtures and/or furnishings in the
Concession Space, the Concessionaire shall do so with licensed and insured contractors employed
by the Concessionaire who shall obtain any necessary permits for such work.
A detailed list of all equipment and/or non-structural improvements proposed to be provided
and/or installed by the Proposer at the Concession Space.
NOTE THAT, EXCEPT FOR THE CENTER CABINETRY, ALL EQUIPMENT, FIXTURES AND FURNISHINGS
IN THE EXISTING CONCESSION SPACE, AS SHOWN ON EXHIBIT "C" AND AS LISTED ON EXHIBIT "D",
INCLUDING DISPLAY CASES, REFRIGERATORS, MICROWAVE, COFFEE MACHINE, ETC. BELONG TO
THE CURRENT CONCESSIONAIRE. IF THE CURRENT CONCESSIONAIRE DOES NOT PROPOSE TO THIS
RFP OR IS NOT AWARDED THE NEW CONCESSION AGREEMENT, THE CURRENT CONCESSIONAIRE
HAS THE RIGHT TO REMOVE ITS EQUIPMENT, FIXTURES AND FURNISHINGS OR SELL THEM. OTHER
PROPOSERS TO THIS RFP SHOULD NOT EXPECT THE EXISTING EQUIPMENT, FIXTURES AND
FURNISHINGS TO REMAIN IN PLACE OR BE AVAILABLE.
11
Exhibit A
DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
All equipment provided by Concessionaire that is removable from the Concession Location without
any damage (the "Removable Items") to the Concession Location shall remain the property of
Concessionaire and may be removed by Concessionaire at the termination of this Agreement. If
such Removable Items are not removed within thirty (30) days after termination of this Agreement,
it shall become the property of the Village, at the Village Manager's discretion.
2.5 LICENSES, PERMITS, FEES AND INSURANCE
2.5.1 Licenses and Permits:
The Successful Proposer shall secure and pay for any and all necessary and required licenses,
certifications, permits and inspections to perform the Services, including, but not limited to Miami
Dade County, the State of Florida Department of Agriculture and Consumer Services, or the Division
of Hotels and Restaurants of the State of Florida Department of Business and Professional
Regulation, as applicable, and Miami-Dade County. All required municipal, county and state
certifications, licenses and/or permits must be completed within thirty (30) days of being awarded
the Concession and prior to receipt of a Notice to Proceed.
By submitting a Proposal in response to this RFP, Proposer represents and warrants to the Village
that it holds or will acquire and hold all licenses, certifications and permits ("Licenses") required by
applicable law and by any other governmental authority or agency to perform the Services.
Proposer represents and warrants to the Village that any required licenses, certifications or permits
shall be in full force and effect on the date of commencement of the Services and further represents
that it holds and will hold all required licenses, certifications and permits throughout the term of
the Concession Agreement. Proposer shall provide the Village with copies of all licenses,
certifications and permits it presently has with its Proposal and during the term of the Agreement
upon request.
2.5.2 Payment of Bills:
Concessionaire shall promptly pay all debts incurred by Concessionaire for the purchase of goods
or services used by Concessionaire in the operation of the Concession. Concessionaire shall not
allow any lien or purported lien to be placed on the Concession Location or equipment or upon the
Community Center. The Community Center shall fully retain its immunity from all encumbrances or
liens as municipal property.
2.5.3 Taxes:
Concessionaire shall pay all taxes on personal property belonging to Concessionaire located on the
Concession Location, and Concessionaire shall pay all sales and other taxes levied against the use
and operation of the Concession business, the Monthly Fee and real property taxes, if any, assessed
against the Concession Location.
2.5.4 Insurance:
The Concessionaire shall not commence Work under the Agreement until it has obtained all
insurance required and such insurance has been approved by the Village. The Concessionaire shall
purchase and maintain, in full force and effect for the term of the Agreement, at the
Concessionaire's sole expense.
2.5.5 Compliance with Law and Other Requirements:
The concessionaire shall conduct its operations in compliance with all applicable federal, State,
12
Exhibit A
DocuSign Envelope ID: 0F109D59-764E-4 BAF-A0EF-CCC6FA667260
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
County and local laws in providing the Work required by this RFP, including specifically, Chapter 17
(Noise), of the Village's Code of Ordinances regulating, inter alia, noise, power tools, etc.
The concessionaire shall comply with applicable state and local laws governing the operation of the
Concession and with Village's operating procedures for the Community Center. Violation of state
laws or the ordinances of Miami-Dade County, Florida or the Village or Village's operating
procedures shall be considered as cause for termination of this Agreement by Village. Village shall
be responsible for the Community Center's compliance with the Americans with Disabilities Act (the
"ADA"). However, Concessionaire shall be responsible for accommodating all special ADA-related
requests arising out of Concessionaire's use of the Concession Location.
2.6 SERVICE, INSPECTIONS AND RATES
2.6.1 Quality of Service:
All items sold by Concessionaire shall be of first-class quality, commensurate with the Community
Center, and the services provided by Concessionaire shall be rendered courteously and efficiently.
The Village reserves the right to prohibit the sale of any item that it deems objectionable, and the
Village shall have the right to order the improvement of the quality of either the foods or the
services rendered.
2.6.2 Inspections:
The Contractor may also be subject to periodic compliance inspections of the concession facility by
the Village or its designee. The inspections may include a comprehensive review of the following:
A. Service quality, attentiveness, courteousness, etc.;
B. Food quality, presentation, and merchandising:
C. Sanitation practices and conditions;
D. Personal appearance;
E. Training program techniques, schedules, and records;
F. Safety conditions;
G. Operational performance from a financial perspective; and
H. Other related operational conditions and/or practices.
2.6.3 Rates and Charges:
Maximum rates and charges for foods and beverages to be sold and services to be rendered are as
set forth in the Concessionaire-proposed and Village-approved menu included in Exhibit "B"
attached hereto, which menu may be amended by agreement of the parties hereto. Concessionaire
shall post the prices for all foods and beverages in such places as the Village Manager may designate.
Concessionaire shall not change any approved rates and charges or curtail or diminish any food or
beverage services provided for in this Agreement without first requesting and receiving permission
from the Village Manager.
2.6.4 Payment to the Village:
Monthly payment of a Concession License Fee shall be made by the Concessionaire to the Village
during the term of the Concession Agreement. Such payment shall be due on the first of each month
in advance and if not received by the tenth of the same month, the Concessionaire shall be deemed
in default and shall be subject to actions by the Village at law and as described herein.
13
Exhibit A
DocuSign Envelope ID: 0F109O59-764E-4BAF-A0EF-CCC6FA667260
Exhibit A
Community Center Food and Beverage Concession - RFP # 2023-14
Payments shall be made to the order of the Village of Key Biscayne and paid at the Village of Key
Biscayne, Community Center.
Concessionaire is to submit their proposed monthly rent rate and menu with pricing in EXHIBIT B of
the RFP.
2.6.5 Attorney's Fees:
If the Village incurs any expense in enforcing the terms of the Agreement, whether suit be brought
or not, Concessionaire agrees to pay all such costs and expenses including, but not limited to, court
costs, interest and reasonable attorney's fees.
END OF SECTION
14
Exhibit A