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HomeMy Public PortalAbout2024 Final Concessionaire Agreement - Aguamiel - SignedKEY BISCAYNE COMMUNITY CENTER CONCESSION AGREEMENT THIS COMMUNITY CENTER CONCESSION AGREEMENT (hereinafter the "Agreement") is made as of this _____ day of __________, 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 DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 12/18/2023 Village of Key Biscayne, FL Contract No.: 2023-14 Page 2 of 13 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 DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 3 of 13 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. DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 4 of 13 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 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. 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. DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 5 of 13 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 F ee 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. DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 6 of 13 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 sublicense 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. 33. 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 DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 7 of 13 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. 38.1 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 DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 8 of 13 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. Any rights not expressly granted herein by Village to Concessionaire are reserved by Village. 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 Liabili ty coverages and eliminate the exclusion with respect to property under the care, custody and control of DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 9 of 13 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 alteration s, 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 of Insurance. Certificates of Insurance 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 reser ves 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 Additional 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, DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 10 of 13 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 th e 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 287.133, 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 DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 11 of 13 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 t he 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: jkoch@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- DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 12 of 13 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.] DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village of Key Biscayne, FL Contract No.: 2023-14 Page 1 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE By: Steven C. Williamson Village Manager Attest: By: Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman 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) swilliamson@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman 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) CONCESSIONAIRE By: Name: Title: Entity: Addresses for Notice: With a copy to: (telephone) (facsimile) (email) agua__miel@outlook.com 786-650-4076 Aguamiel LLC 1900 SW 8th ST APT W205, Miami FL 33135 jmearheardt@gmail.com 412-266-3005 Earnheardt 1000 Brickel plz APT 2506 Miami Fl 33131 AGUAMIEL LLC President David Suarez DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 8 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 E64-11, 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 Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 9 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. Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 10 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 Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 11 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. Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 12 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, Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 13 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. Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 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 Exhibit A Exhibit A DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 BUSINESSPROPOSAL Aguamiel Miami @aguamiel.us agua__miel@outlook.com 1 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 TAB A Representations and Certifications Aguamiel LLC RFP Response to RFP 2023-14 COMMUNITY CENTER FOOD AND BEVERAGE CONCESSION Submitted by: David Suarez Roxaby Gomez Submission Date: August 15, 2023 2 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession - RFP ft 2023-14 SECTION 6. FORMS, AFFIDAVITS, AND ATTACHMENTS � rn" � � ' Form 1: Response Checklist FORM 1 RESPONSE CHECKLIST Form 2: Addendum Acknowledgment Form 3: Certificate of Authority (Complete one of the two forms as applicable) • Form 3A: Certificate of Authority (for Corporations or Partnerships) • Form 3B: Certificate of Authority (for Individuals) Form 4: Proposer's Statement of Organization Form 5: References Form 6: Affidavits•Form 6A:Single Execution Affidavits •Form 6B:Independence Affidavit •Form 6C:Non-Collusion Affidavit Form 7: Drug Free Workplace Form 8: Certification to Accuracy of Proposal Form 9: Scrutinized Companies Form 10: Public Entity Crimes Form 11: Dispute Disclosure Form 16: Certificate of Insurance ATTACHMENTS A: Draft Contract ' EXHIBITS M / A: Scope of Services � B: Fee Schedule/Price Proposal [II] C: Concession Location E: Florida Department of Health 64E-11 D: Key Biscayne Community Center Concession Equipment Inventory F: Plans 3 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession - RFP # 2023�14 FORM 2 ADDENDUM ACKNOWLEDGEMENT Solicitation Title: COMMUNITY CENTER FOOD AND BEVERAGE CONCESSION Solicitation No.: RFP # 2023-14 Listed below are the dates of issue for each Addendum received in connection with this Solicitation: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated □No Addendum issued for thisSolicitation Firm's Name: __ f,_G-_U_A_!Yl_li:i_L __ L_L-_C., ________________ _ Authorized Represen tative's Name: __ 0_1r_11�1�D-�A�·-s�·1.,�fr�l.t�1-___________ _ Title: f R.e Stf>£Nt----���------------------------- Email: __ ,4_&_/J_,4'-"_=-=-�r,1_/=f,_l���()'-V�T,_l_OO_t:.----=,C'-d_rh'--------------- Phone Number: 1&-lg -6� Authorized Signature: .. n= x 4 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession -RFP # 2023�14 FORM 3A CERTIFICATE OF AUTHORITY (If Corporation) I HEREBY CERTIFY that a meeting of the [circle one] Board of Directors/�f ______ _ l/r!u1u11 e L L le ________ a business existing under the laws of the State of _,__{,_,.Z..,.o<---'--'v,'---'·d"'---'�_,_ _ _, (the "Entity") held on -��.._,,.,,'---'IJ.y_-'l"'-0:::....:'f...:.h_:_ ____ _,. 20--22, the following resolution was duly passed and adopted: "RESOLVED, that, _ _,,J)'--'�---'-V-=--,,__,· Oc....____.:S::..u-=-tl,'-'-V'--=<e-=-�--==----�· as _,__'Pt,.!..Ll<?.w,!5_._i .,Q'-";;.'-'N-"-'\�-of the Entity, be and is hereby authorized to execute this Proposal dated Av&us-r \S'l'I-\ • 20.23., on behalf of the Entity and submit this Proposal to the Village of Key Biscayne, and this Entity and the execution of this Certificate of Authority, attested to by the Secretary of the Corporation, and with the Entity's Seal affixed, will be the official act and deed of this Entity." I FURTHER CERTIFY that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Entity this __ 2._0_�---day of __ ---=Jc!..'c:-e'.J...:1:---------' 20n. -Secretary:--\(Q �-President: -ft;;:� Print Name: J<Nc"lo "\ Gc�M § ,'.2-Print Name: VA-vid 5vi'.\. 11.€� (Seal) 5 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession -RFP tf 2023-14 NOT cERr1F1cA;;�/�urHoR1rv A-f'PLI cA-f3Ll:: (if Individual) 1, ________________ ("Affiant") being first duly sworn, deposes and says: 1. I am the ------------------------------ [Se I e ct and print as applicable: Owner/Partner/Officer/Representative/Agent] of: ____ _ _______________________________ doing business as --------------------------� the Contractor that has submitted the attached Proposal. 2.I am fully informed respecting the preparation and contents of the attached Proposal and all of the pertinent circumstances respecting such Proposal. 3.I am authorized to execute the Proposal dated-----------� and submit this Proposal to the Village of Key Biscayne, and the execution of this Certificate of Authority, attested to by a Notary Public,, will be the official act and deed of this attestation. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: _______ _ Print Name: ___________ _ Title: ______________ _ Witness #2 Print Name: _______ _ ACKNOWLEDGMENT State of Florida County of _______ _ On this ___ day of _____________ � 20__, before me the undersigned, personally appeared-----------------� whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. Witness my hand and official seal: Notary Public {Print, Stamp, or Type as Co mmissioned) ___ Personally known to me; or ___ Produced identification (Type of Identification: ______________ __, ---Did take an oath; or Did not take an oath --- 6 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession -RFP # 2023-14 1. 2. 3. 4. 5. 6. 7. FORM4 PROPOSER'S STATEMENT OF ORGANIZATION llC: Principal Business Address, Phone and Email Address: L'frJo Sw 8-fb sr. Afr IAJ Zo,c Fo of Proposer (Corporation, Partnership, Joint Venture, Other): AfllNE:fl. (ov1,·d ... A.If a corporation, in what state incorporated: _N'-"-'/�Pr __________ _ B.Date Incorporated: -�3�/�2-'1_._./�W�-Z�I _____________ _ C.Federal ID Number (EIN)_'B�C.�-�Z�--S�1_9�'-1�(;;�Lf�--------- D.If a joint Venture or Partnership, date of Agreement: 2 / / 9 / 'Z OZ I E. F. Name and address of all partners (state whether general or limited J. partnership): Wvid Sucwe"".t /f2o;,<:,;.By ½<>«� -/qoo Sw 8/-i.. s7; /'ifl \;)(Db If other than a corporation or partnership describe, organization and name of /1,:;\�� principals. l '3 Provide names of principals or officers as appropriate and provide proof of the ability of the individuals so named to legally bind proposer. Name Title fl -G ·d €'..,V\ -r Indicate the number of years' proposer has had current continual successful ex erien,�e performing work of a similar scope relevant to this RFP Agreement. 2.5 l'An> as fK J"1 ,-l,'G-1,) List all entities participating in this Agreement (including subcontractors if applicable): N�{lle / Address . Title A.fl4UAt1i'el lte /"loO Sw Bili 5t /lt;f. 1,jj?ac H,.,,,1,._ ti 3313sN � , , 8. C. 7 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession - RFP # 2023-14 8. 9. 10. 11. 12. 13. 14. 15. 16, 17. 18. D.N A- Outline specific areas of responsibility for each entity listed in Question 7. A.A&1111-11ttl!L ,5 a,,e:;111Ns,1$Le @fL ml <JBl1<r1tnotvs B.IV A- C.N /If D.fJ(A County or municipal business tax receipt number (attach copies): County: 01tfr(Y// -D[t()f, COUA11Y -7b/ '7'120 Municipal: UN!N DA-08" cou;J,Y Have you ever failed to complete any work awarded to you? Yes No ...L...If yes, attach a separate sheet of explanation. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another or:ganization that failed to complete an Agreement? Yes__ No _V_ If yes, attach a separate sheet of explanation. Within the last five yea/ have you ever had a performance, payment or bid bond called?Yes__ No __ If yes, attach a separate sheet of explanation. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitray.en against the Village? Yes__ No ..'L__ If yes, attach a separate sheet of explanation. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any o\:her Florida public entity? Yes__ No_✓_ If yes, attach a separate sheet of explanation. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes__ No L If yes, attach a separate sheet of explanation. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been c,barged or indicted for any criminal activity within the last five years? Yes__ No_✓_ If yes, attach a separate sheet of explanation. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted and/or fined for any criminal activity within the last five years?Yes No ✓ If yes, attach a separate sheet of explanation. Within the last five years, have you, any officer or partner of your organization, or the 8 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 9 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 10 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 11 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 12 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 13 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 14 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 15 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 16 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 17 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 18 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 19 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 20 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 21 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 22 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 23 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 24 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 25 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 26 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 27 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 28 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 29 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 30 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 31 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 32 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 33 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 34 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 35 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 36 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 37 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 38 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 39 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 40 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 41 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 42 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 43 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Revised 09/26/2023 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 70 EXHIBIT C CONCESSION LOCATION The Concession is located with the Key Biscayne Community Center located at 95 West McIntyre St. Key Biscayne, Florida on the first floor of the Community Center adjacent to the front desk. 45 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 72 EXHIBIT E FLORIDA DEPARTMENT OF HEALTH 64E-11 FOOD HYGIENE 64E-11.001 Food Hygiene ‒ General (Repealed) 64E-11.002 Definitions 64E-11.003 Food Hygiene Standards Supplies 64E-11.004 Food Protection (Repealed) 64E-11.005 Personnel (Repealed) 64E-11.006 Food Equipment and Utensils (Repealed) 64E-11.007 Sanitary Facilities and Controls (Repealed) 64E-11.008 Other Facilities and Operations (Repealed) 64E-11.009 Temporary Food Service Events (Repealed) 64E-11.010 Vending Machines (Repealed) 64E-11.011 Procedure When Infection Is Suspected 64E-11.012 Manager Certification 64E-11.013 Sanitation Certificates and Fees 64E-11.014 Mobile Food Units 64E-11.015 Afterschool Meal Program 64E-11.001 Food Hygiene ‒ General. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Formerly 10D-13.21, Amended 2-21- 91, Retained here and Transferred to 7C-4.008, Amended 6-1-93, 8-28-96, Formerly 10D-13.021, Repealed 12-29-16. 64E-11.002 Definitions. Unless defined below, terms and phrases have the same definition provided in paragraph 1 -201.10(B), Food Code, 2013 Recommendations of the United States Public Health Service, Food and Drug Administration, NTISP PB2013 - 110462 (“Food Code”). The Food Code is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09894. (1) “Adulterated” – Food shall be considered to be adulterated: (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health, or (b)If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity, which in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat, is not greater than the tolerance prescribed for the raw a gricultural commodity, or (c) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, which renders it unfit for consumption, or (d) If it has been produced, prepared, packed or held under insanitary condi tions whereby it may become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health, or (e) If it is the product of a diseased animal, an animal which has died otherwise than by slaughter, or an animal that has been fed the uncooked offal from a slaughter house, or from other food establishments, or (f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. (2) “Air gap” – The unobstructed vertical distance, through the free atmosphere, between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood -level rim of the receptacle, 46 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 73 or the lowest opening from any waste outlet pipe and the flood-level rim of the receptacle. (3) “Air Curtain” – A mechanical device which produces a controlled plane of moving air at a minimum velocity of 500 feet per minute across the opening protected and directed so as to prevent the entrance of flying insects and other airborne contaminants. (4) Approved Source – Food originated from an establishment that is under the regulatory authority of a state or federal agency. (5) Bars and Lounges – A facility which possesses a consumption on premises alcoholic beverage license from the Division of Alcoholic Beverages & Tobacco; where food service is limited to: (a) The preparation of drinks; or (b) The service of snack foods (such as, chips, popcorn and pretzels); or (c) The service of time/temperature control for safety foods and no preparation of time/temperature control for safety food occurs. (6)Catering Operation – A food service establishment operation that prepares food at one location for delivery to and individual portion service at another location. (7) Civic – Any organization, excluding Division of Blind Services, who offers food service to the public; and, (a) Possesses tax exempt status under 26 U.S.C. section 501(c)(4), or (b) Is incorporated and operates primarily to further the common good and general welfare of the people of the community, whether for profit or not. (8) “Commissary” – A food service establishment or any other commercial establishment where food, containers, or supplies are stored, prepared, or packaged, or where utensils are sanitized for transit to, and sale or service at, other locations. (9)Community Based Residential Facility – A facility as defined in rule 64E-12.002, of the Florida Adminstrative Code. (10)Extensively Remodeled – Structural changes to an existing establishment which costs in excess of 50 percent of the establishment’s assessed value, as indicated by the county property appraiser. (11) “Fixed food establishment” – A food service establishment which operates at a specific location and is connected to electrical, water, and sewage disposal systems. (12) “Food preparation” – The manipulation of foods intended for human consumption by such means as washing, slicing, peeling, chipping, shucking, scooping, an d/or portioning. The term also includes those activities involving temperature changes, combining ingredients, opening ready-to-eat food packages, or any other activity causing physical or chemical alterations in the food. (13) Fraternal – An organization primarily operating for social, intellectual, educational, charitable, benevolent, moral, patriotic, or religious purposes for the benefit of its members, that offers food service to its members or the public at their facility and possesses a charter. (14) Frankfurter – As defined in 9 C.F.R. §319.180 (01-01-2018) herein incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09895. (15) “Garbage” – Food waste generated on premises that is not disposed of through the sewage disposal system. The term also includes solid waste such as discarded containers or wrappers that are contaminated with food waste. (16)Highly Susceptible Population – A group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised, institutionalized older adults, preschool age children in custodial care, or elementary school age children. (17) Hot Water – A minimum water temperature of 100 degrees Fahrenheit or above. (18) “Indirect waste connection” – An indirect waste connection is a liquid waste pipe that is connected with the sewerage system through an air gap or air break. (19) Limited Food Service Operation – Any establishment with a food service operation, so limited by the type and quantity of foods prepared and the equipment utilized, that it poses a lesser degree of risk to the public’s health, and, for the purpose of fees, requires less time to monitor. The term includes small seasonally operated concessions stands at schools, regardless of the level of food preparation, provided the concession stand is only operated in conjunction with sporting events, festivals, or similar activites, as well as satellite kitchens that dispense catered meals 47 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 74 and similar facilities. (20) “Manager” – An individual who has direct authority, control or supervision over employees engaged in the storage, preparation, display and serving of food to the public. (21) “Misbranded” – Food shall be considered to be misbranded: (a) If in packaged form it lacks a label containing the name and place of business of the manufacturer, packer, or distributor; or an accurate statement of the contents, or (b) If it is offered for sale under the name of another food, or (c) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed and it is not. (22) “Mobile food unit” – Any food service unit which is self-propelled or otherwise moveable from place to place and is self-sufficient for utilities, such as gas, water, electricity and liquid waste disposal, whose commissary is a DOH regulated food service establishment. (23) Perishable Food – Any food of such type or in such condition as may spoil. Food contained in hermetically sealed containers processed by heat or other means to prevent spoilage and properly packaged, dehydrated, dried or powdered foods so low in moisture content as to retard development of microorganisms are not considered readily perishable. (24) “Plumbing authority” – The local governing body, such as a county or city building inspection department which has adopted a plumbing code and has authority to interpret, inspect, and provide enforcement of plumbing standards. (25) Premises – The physical food service establishment and the contiguous land or property under the control of the manager, operator or owner of the establishment. (26) “Product thermometer” – A thermometer, thermocouple, thermistor or other device that when inserted into food indicates the temperature of the food. This term does not include non -product ambient temperature sensing devices. (27) “Reconstitute” – The recombination of dehydrated food products with potable water or other suitable liquids. (28) “Sanitation Certificate” – A license issued by the department to operate a food service establishment. (29) Safe Temperature – 135 degrees Fahrenheit or above or 41 degrees Fahrenheit or below. (30) Snack – A commercially pre-packaged, non-time/temperature control for safety ready-to-eat-food item that is wrapped for individual consumption. (31) “Temporary food service event” – Any event offering food service on the premises of a fo od service establishment approved by the department. These events are at a fixed location for a temporary period of time not to exceed any combination of 18 days within a calendar year and in conjunction with a single event or celebration. (32) Theater – A facility that shows motion pictures and offers food, such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack items, for consumption by the admittees of such theaters. (33) “Wholesome” – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.22, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.009, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D- 13.022, Amended 3-15-98, 7-14-03, 4-1-09, 9-26-18. 64E-11.003 Food Hygiene Standards. (1) Food Supplies – Except as specifically provided in this subsection, the standards for food supplies are governed by Part 3-2 of the Food Code, as incorporated by reference in rule 64E -11.002, F.A.C. (a) Food received or used in food service establishments must be from sources approved or considered satisfactory by the department and must be clean, wholesome, f ree from spoilage, adulteration and misbranding, and safe for human consumption. Food must have been prepared, processed, handled, packaged, transported and stored in a sanitary manner so as to be protected from contamination and spoilage. (b) Meat and meat products received or used in a food service establishment shall be identified as having been officially inspected for wholesomeness and sanitation by a federal or state regulatory program. 48 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 75 (c) Food prepared in a private home shall not be used, sold, or offered to the public by a food service establishment or theater. (2) Food Protection – Except as specifically provided in this subsection, the standards for food protection are governed by Parts 3-3 through 3-8 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) Food while being transported, stored, prepared, displayed, served or sold at a food service establishment must be protected from dust, flies, rodents or other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination. (b) In the event of an emergency occurrence such as a fire, flood, power outage or similar event that might resu lt in the contamination of food, or that might prevent potentially hazardous food from being held at a safe temperature, the person in charge must immediately notify the department. (3) Personnel – Except as specifically provided in this subsection, the standards for personnel are governed by Parts 2-2 through 2-5 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. (a) No person while affected with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, can work in any area of a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms, or transmitting disease to other individuals, and no person known or suspected of being affected with any such disease or condition can be employed in such an area or capacity. If the management of the food service establishment has reason to suspect that an employee has contracted any disease in a communicable form or has become a carrier of such disease that can be transmitted by normal food service operation, the department must be notified immediately. Both management and employee are responsible fo r compliance with the requirements of this section. (b) Infants and children under 14 years of age are not permitted in food preparation areas. Only authorized individuals, necessary for the operation of the food service establishment, or as part of an or ganized educational event, are allowed in the food preparation or utensil washing areas. (4) Food Equipment and Utensils – Except as specifically provided in this subsection, the standards for food equipment and utensils are governed by Chapter 4 of the Food Code, as incorporated by reference in rule 64E-11.002, F.A.C. Every food service establishment must have equipment and utensils so designed, constructed, located, installed, maintained and operated as to permit full compliance with the provisions of th is chapter. Only equipment necessary for the proper operation of the activities of the food service establishment is required. Sinks used for the preparation of food shall not be used for any other purpose. (5) Sanitary Facilities and Controls – except as specifically provided in this subsection, the standards for sanitary facilities and controls are governed by Chapter 5 of the Food Code, as incorporated by reference in rule 64E -11.002, F.A.C. (a) Water Supply – The water supply must be adequate, of safe sanitary quality and from an approved source in accordance with provisions of chapters 62-550 and 62-555, F.A.C., or chapter 64E-8, F.A.C. Chapters 62-550 and 62- 555, F.A.C. (07/2018) are incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09896 and at https://www.flrules.org/Gateway/reference.asp?No=Ref-09897. Hot and cold running water under pressure must be provided in all areas where food is prepared and where equipment and multi -use utensils are washed. (b) Sewage Disposal – Sewage must be disposed of in a public sewerage system or other approved sewerage system in accordance with provisions of chapter 64E-6 or chapter 62-600, F.A.C., whichever is applicable. Chapter 62-600, F.A.C. (07/2018) is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09898. Grease interceptors must be readily accessible for cleaning. Grease interceptors must be designed and installed in accordance with provisions of chapter 64E -6, F.A.C., or the applicable plumbing authority. (c) Plumbing – Plumbing must be sized, installed, and maintained in accordance with provisions of the ap plicable plumbing authority. The plumbing must provide adequate quantities of potable water to required locations throughout the establishment; prevent contamination of the water supply; properly convey sewage and liquid wastes from the establishment to the sewerage system; and must not constitute a source of contamination of food, equipment or utensils 49 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 76 or create an unsanitary condition or nuisance. An indirect waste connection is required between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed. (d) Handwashing Facilities – Lavoratories must be located in or immediately adjacent to all toilet rooms. At least one employee handwashing facility must be located within each food preparation area, within 20 feet of the duty station, visible and accessible through an unobstructed area. 1. For school concession stands existing and operating prior to January 2010, an employee handwashing facility is not required in an outdoor cooking area, pro vided that the outdoor cooking area is adjacent to a concession stand building that meets the employee handwashing facility requirements. 2. Where only prepackaged food items are served and workers do not open prepackaged items or otherwise come into contact with exposed food, a handwashing sink must be within 100 feet and on the same floor where food items are distributed. (e) Garbage and Rubbish Disposal – All garbage and rubbish must be removed from the food establishment premises with sufficient frequency to prevent nuisance conditions and must be disposed of in accordance with provisions of chapter 62-701, F.A.C. (07/2018), which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09899. (f) Vermin Control – Insecticides or pesticides, when used, must be used in full compliance with chapter 5E -14, F.A.C. (07/2018), which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09900. (6) Other Facilities and Operations – Except as specifically provided in this subsection, the standards for other facilities and operations are governed by Chapters 6-7 of the Food Code, as incorporated by reference in rule 64E- 11.002, F.A.C. (a) Ventilation – All rooms in which food is stored, prepared or served, utensils are washed, toilet, dressing and locker rooms and garbage storage areas must be well ventilated. Filters, where used, must be readily removable for cleaning unless designed to be cleaned in place. Ventilation systems must comply with applicable fire prevention requirements and must discharge in such a manner as not to create a nuisance. Intake and exhaust air ducts must be maintained to prevent the entrance of dust, dirt, and other contaminating materials. (b) At least one utility sink or curbed cleaning facility with a floor drain must be provided a nd used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes. The use of lavatories, utensil washing or equipment washing, or food preparation sinks for this purpose is prohibited. 1. Each utility sink or curbed cleaning facility must be supplied with hot and cold water under pressure. 2. School concession stands that operate only in conjunction with sporting events, festivals, or similar actvities are exempt from this requirement when a self-contained mopping apparatus is used in accordance with the manufacturer’s instructions and is available for use at all times and a. The school concession stand was existing and operating prior to January 1, 2010, or b. The school concession stand was constructed and operating on or after January 1, 2010, and the food operation is restricted to the service of prepackaged food items. (c) Live Birds and Animals – No live birds or animals, excluding crustacea, shellfish, and fish in aquariums, are allowed in a food service establishment, in vehicles used for transporting food, or in any other area or facility used to conduct food service operations, except as provided under section 413.08, F.S. (7) Temporary Food Service Events – Food service operations at temporary food service events must comply with all applicable sanitary requirements of this rule, unless otherwise exempted in this subsection. (a) Notification – Temporary food service event sponsors or vendors must complete form DH8004 -DCHP- 02/2018, Temporary Food Service Event Application, 02/18, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09901. (b) Facilitites – Specific requirements for the physical facility where the food service operation is to be conducted are based on the type food that is to be prepared or served, the length of the event, and the amount of food preparat ion that is to be conducted at the temporary facility. 1. If the food service operation is intended for the sale of only packaged, non -time/temperature control for safety (non-TCS) food or drink, the food packages must be protected from dust, dirt, and other sources of contamination 50 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 77 during storage and serving. 2. Overhead protection must be provided at all food service operations when food is prepared or portioned on premises. 3. When time/temperature control for safety (TCS) food is prepared at temporary food service events of more than 3 days, the physical structure where the food preparation occurs must be protected from the entrance of flying insects and other vermin. (c) All food and beverages served at temporary food service events must be from approved sources in accordance with provisions of this chapter or prepared on premises. (d) All food served at temporary food service events must be protected in accordance with provisions of this chapter. (e) Food and food-contact surfaces must be protected from contamination by customers and dust. Where necessary, effective shields or covers must be provided. (f) Ice which will be consumed or which will come into contact with food must be obtained from an approved source. The ice must be held in a way that protects it from contamination until dispensed. (g) Storage of packaged food in contact with water or undrained ice is prohibited. Beverage containers may be stored in direct contact with ice when: a. The storage facility is equipped with adequate drains which preclude the accumulation of water during use; b. The melt water is disposed of so as not to create a nuisance; and c. The storage facility is kept clean. (h) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink is not required, provided that an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. A sanitizer solution in a bucket or spray bottle to adequately sanitize the food preparation surfaces must be available at all times. (i) All food service operations which prepare food on premises must provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean, portable containers equipped with on/off valves. Soap and single-service towels must be available for handwashing and hand drying. (j) Equipment must be installed in such a manner that the establishment can be kept clean and the food w ill not become contaminated. (k) Liquid waste which is not discharged into a sewerage system must be disposed of in a manner that will not create a public health hazard or a sanitary nuisance. (l) Floor construction in establishments which prepare food on premises must be of durable material. Dirt or gravel subflooring can be used when graded to drain, and covered with platforms, duckboards, plastic film, wood chips, shavings, or similar suitable material such as a sufficient cover of grass or turf to con trol dust. (m) Walls and ceilings, when required, must be constructed to minimize the entrance of flies and dust. Ceilings may be of wood, canvas, or other materials which protect the interior of the establishment from the elements and walls may be of such materials or of 16 mesh screening or equivalent. Doors to food preparation areas, when required, must be solid or screened and shall be self-closing. Counter service openings, for facilities with wall enclosures, must not be larger than necessary for the particular operation conducted and must be kept closed at all times, except when food is actually being served. (n) All food service operations at temporary food service events without effective facilities for cleaning and sanitizing tableware must provide only single-service articles for use by the consumer. (8) Vending Machines – Except as specifically provided in this subsection, the standards for vending machines are governed by Section 4-204.12 – Section 4-204.111 of the Food Code, as incorporated by reference in rule 64E- 11.002, F.A.C. (a) Food Supplies – All foods, beverages, and ingredients offered for sale through vending machines offering time/temperature control for safety foods, which are located at food service establishments regulated under this chapter, must be from approved sources in accordance with provisions of subsection (1); must be manufactured, processed, and prepared in an approved food service establishment or food processing plant; and must be delivered to 51 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 78 the vending machine from an approved commissary or other approved food establishment. (b) Food Protection – All food must be protected in accordance with provisions of subsection (2). A thermometer accurate to plus or minus 3 degrees Fahrenheit must be provided to indicate the air temperature of food storage compartments used for time/temperature control for safety foods. (c) Cleaning – All food-contact surfaces of vending machines must be thoroughly cleaned and subjected to effective bactericidal treatment at scheduled intervals, based upon the type of product being dispensed, as approved by the department in accordance with provisions of subsection (4). A record of such cleaning and sanitizing operations must be maintained in each machine and must be current for at least the p ast 30 days. The cavities and door edges of microwave ovens and similar equipment, used in conjunction with the beverages or food from a vending machine, must be cleaned at least once a day and must be kept free of encrusted grease deposits and other accum ulated soil. Food-contact surfaces of all equipment and utensils must be protected from contamination at all times, including while being transported from the commissary to the vending location. (d) Single-Service Containers – All single-service containers which receive food or beverage from machines dispensing products in bulk must be purchased in sanitary cartons or packages, which protect the containers from contamination; must be stored in a clean dry place in the original carton or package until intro duced into the container magazine or dispenser of the vending machine; and must be handled in a sanitary manner. Single -service containers stored within the vending machine must be protected from manual contact, leakage, dust, insects, rodents and other contamination. (e) Equipment Location – Vending machines, ovens, and other equipment associated with the use of beverages or food from a vending machine, must be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage from drains, piping and other sources. 1. Each machine must be so located that the space around and under the machine can be readily cleaned and so that insect and rodent harborage is not created. The immediate area must be wel l lighted and ventilated. The floor area upon which vending machines are placed must be of such construction as to be easily cleaned and must be kept clean and in good repair. 2. Adequate handwashing facilities, including hot and cold running water, soap and individual, single-service towels must be located within 50 feet of machine locations where employees service bulk food machines. Handwashing facilities must be within 20 feet of machine locations where employees handle unpackaged or exposed foods. (f) Interior Construction and Maintenance – All interior surfaces and component parts of vending machines must be so designed and constructed as to permit easy cleaning and shall be kept clean. 1. All food-contact surfaces of vending machines must be smooth, in good repair, and free of breaks, corrosion, open seams, cracks, and chipped places. The design of such surfaces must be such as to preclude routine contact between food and V-type threaded surfaces, except that in equipment where such contact is unavoidable, such as ice makers, such threads must be minimized. All joints and welds in food-contact surfaces must be smooth; and all internal angles and corners of such surfaces must be rounded to facilitate cleaning. If solder is used, it must be compo sed of safe materials and be corrosion resistant. All food-contact surfaces of vending machines, including containers, pipes, valves and fittings, must be constructed of non-toxic, corrosion resistant, and nonabsorbent materials and must be kept clean. All containers, valves, fittings, chutes and faucets which are in contact with food must be easily disassembled and when disassembled, all surfaces must be visible for inspection and cleaning. In machines of such a design that pipes or tubing are in contact with food but are not readily removable, in-place cleaning of such pipes and pipe fittings may be permitted; provided: a. They are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed system; b. Such solutions will contact all interior surfaces; c. The system is self-draining or otherwise capable of being completely evacuated; and d. The cleaning procedures result in thorough cleaning of the equipment. 2. The openings into all nonpressurized containers used for th e storage of vendable foods and ingredients including water must be provided with covers which prevent contamination from reaching the interior of the containers. Such covers must be designed to provide a flange which overlaps the opening and must be slope d to 52 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 79 provide drainage from the cover surface wherever the collection of condensation, moisture or splash is possible. Concave covers or cover areas are prohibited. Any port opening through the cover must be flanged upward at least three sixteenth inch and must be provided with an overlapping cover flanged downward. Condensation or drip deflecting aprons must be provided on all piping, thermometers, equipment, rotary shafts and other functional parts extending into the container, unless a watertight joint is provided. Such aprons must be considered as satisfactory covers for those openings which are in continuous use. Gaskets, if used, must be of a material which is nontoxic, stable, and nonabsorbent and must have a smooth surface. All gasket retaining groove s must be easily cleanable. 3. The delivery tube or chute and orifice of all bulk food vending machines must be protected from normal manual contact, dust, insects, rodents and other contamination. Design must be such as to divert condensation or other mo isture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines must be provided with a tight fitting, self-closing door or cover which is kept closed, except when food is being removed. 4. The food storage compartment and other compartments in refrigerated vending machines which are subject to condensation or cooling water retention must be so constructed as to be self -draining or must be provided with a drain outlet which permits complete draining of the compartment. In vending machines designed to store cartoned beverages, diversion devices and retention pans or drains for leakage must be provided. All such drains, devices and retention pans must be easily cleanable. 5. Opening devices which come into contact with the food or the food -contact surface of the containers must be constructed of smooth, nontoxic, corrosion resistant and nonabsorbent materials. Unless the opening device is of a single-service type, it must be readily removable for cle aning and must be kept clean. Parts of multi-use opening devices which come into contact with the food or food-contact surface of containers must be protected from manual contact, dust, insects, rodents and other contamination and such parts must be readily removable for cleaning and must be kept clean. (g) Delivery of Foods, Equipment, and Supplies – Food, single-service containers, and food-contact surfaces of equipment, containers, and devices must be protected from the elements, dirt, dust, insects, ro dents, and other contaminants while in transit to vending machine locations. Time/temperature control for safety foods must be maintained at safe temperatures while in transit. (h) Personnel – Individuals servicing or replenshing these machines must comp ly with all applicable provisions of subsection (3), rule 64E-11.012, and rule 64E-11.013, F.A.C. Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Retained here and Transferred to 7C-4.010, Amended 6-1-93, 8-28-96, Formerly 10D- 13.023, Amended 3-15-98, 7-14-03, 9-26-18. 64E-11.004 Food Protection. Rulemaking Authority 381.0072 FS. Law Implemented 120.542, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.24, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.011, Amended 6-1-93, 8-28-96, Formerly 10D- 13.024, Amended 3-15-98, 7-14-03, Repealed 9-26-18. 64E-11.005 Personnel. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.25, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.012, Amended 6-1-93, Formerly 10D-13.025, Amended 3-15- 98, 7-14-03, Repealed 9-26-18. 64E-11.006 Food Equipment and Utensils. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.26, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.013, Amended 6-1-93, 8-28-96, Formerly 10D-13.026, Amended 3-15-98, 7-14-03, Repealed 9-26-18. 53 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 80 64E-11.007 Sanitary Facilities and Controls. Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.27, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.014, Formerly 10D-13.027, Amended 3- 15-98, 7-14-03, Repealed 9-26-18. 64E-11.008 Other Facilities and Operations. Rulemaking Authority 381.006, 381.0072 FS. Law Implemented 381.006, 381.0072 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.28, Amended 2-21-91, 5-12-92, Retained here and Transferred to 7C-4.015, Amended 8-28-96, Formerly 10D- 13.028, Amended 3-15-98, Repealed 9-26-18. 64E-11.009 Temporary Food Service Events. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 6-1-93, Formerly 10D-13.0292, Amended 3-15- 98, Repealed 9-26-18. 64E-11.010 Vending Machines. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 6-1-93, Formerly 10D-13.0331, Amended 3-15- 98, Repealed 9-26-18. 64E-11.011 Procedure When Infection Is Suspected. When the department has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the department shall secure a morbidity history of the suspected employee, or make other such investigation as may be indicated and take appropriate action. The department may require any or all of the following measures: (1) Immediate exclusion of the employee from all food service establishments. (2) Immediate closure of the food service establishment concerned until, in the opinion of the department, no further danger of disease outbreak exists. (3) Restriction of the employee’s service to some area of the establishment where there would be no danger of transmitting the disease. (4) Adequate medical and laboratory examination of the employee or other employees. Rulemaking Authority 381.006, 381.0072(2) FS. Law Implemented 381.006, 381.0072(2) FS. History –New 1-1-77, Amended 1-6- 81, Formerly 10D-13.36, Amended 2-21-91, Retained here and Transferred to 7C-4.022, Formerly 10D-13.036. 64E-11.012 Manager Certification. (1) All managers who are responsible for the storage, preparation, display, and serving of foods to the public must have passed a written certification test which complies with section 509.039, Florida Statutes, within 30 days after the effective date of employment. Those managers who successfully pass the certification examination will be issued a certificate which is valid for a period of five years from the date of issuance. (2) All establishments must designate in writing the food service manager or managers for each location. Establishments that serve highly susceptible populations, or have three or more employees at one time engaged in the storage, preparation, display, or serving of food must have at least one certified manager present at all times when said activities are taking place. All other establishments must have a certified manager or managers responsible for all periods of operation, but said manager or managers need not be present at all times. (3) It is the responsibility of the certified manager or person in charge to train or ensure the training of all employees under their supervision and control who engage in the storage, preparation, or serving of food, or cleaning of equipment, utensils, or food contact and non-food contact surfaces, and to do so in accordance with acceptable sanitary practices as described in this chapter. The trainings must be annual and provided to employees by March 31 of each year. Employees hired after the annual training has been provided for that calendar year must receive training 54 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 81 within 30 days of being hired. The certified manager or person in charge must also maintain a copy of the establishment’s most recent regular food service inspection form provided by the d epartment. Employees shall present this inspection form to guests or patrons for their review upon request. (4) If a food service establishment, which possesses a santitation certificate and initially met the requirements of this section, becomes noncompliant with subsection (2), above, the food service establishment will have a period of 30 days to become compliant with subsection (2), above. (5) The food service employee training must inform the employee regarding basic public health food protection practices, as specified in this chapter and which relates to their assigned duties. Employees who prepare foods must be knowledgeable about safe methods of thawing, cooking, cooling, handling, holding, and storing foods. Service personnel must be knowledgeable about safe methods of food service. Employees who clean equipment and facilities must be knowledgeable about proper cleaning and sanitization methods. Employees responsible for maintaining the premises must be knowledgeable about proper insect and vermin control methods. Managers must obtain and maintain an attendance roster of all employees present during training. Both the training curriculum and attendance roster must be maintained for three years and available upon request by the department. Establis hments that are not compliant with the employee training requirements and record retention of this section must schedule a training and testing with the department and pay any applicable fees. In lieu of the department providing training and testing, the establishment may schedule training and testing with an outside course provider, who in addition to providing employee -level training, is also an approved manager certification test provider. The training and testing for employees must be completed within 60 days of the violation, or prior to the renewal of the sanitation certificate, whichever comes first. (6) Persons are considered certified under these rules when a written examination is a requirement for licensure by the Department of Health, Division of Medical Quality Assurance in a dietary field and when these persons have acquired and maintained an active license, provided that they comply with subsection (2), above. The following establishments are exempt from the manager certification requirements of this section, however, the establishment must have a person in charge: (a) Any theater, if the primary use is as a theater and patron service is limited to food items customarily served to admittees of theaters such as popcorn, hot dogs, soft drinks, nachos and cheese, and pre-packaged snack foods; (b) Establishments listed in section 381.0072, F.S., as being exempt from this certification; (c) Food service establishments that limit their food service operation to non-time/temperature control for safety prepackaged food items; (d) Culinary arts and similar food programs, which do not offer, sale, or serve food beyond the program’s instructors and participants. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 2-21-91, Amended 5-12-92, Retained here and Transferred to 7C-4.023, Amended 6-1-93, 8-28-96, Formerly 10D-13.037, Amended 3-15-98, 7-14-03, 9-26-18. 64E-11.013 Sanitation Certificates and Fees. (1) Sanitation Certificate Required. (a) All food service establishment sanitation certificates expire on September 30. Initial sanitation certificates issued for a period less than a calendar year will be prorated on a quarterly basis, in accordance with section 381.0072(4), F.S. (b) Food service establishments containing multiple food operations housed in the same building, at the same location, under the same ownership and operation or concession stands operating on the premise of K -12 schools, must function according to either one of the f ollowing: 1. Each food operation must operate under the umbrella of the sanitation certificate issued to the main food service operation, in which case the sanitation certificate must be posted in a conspicuous location at the main food service establishment, or 2. Each food operation must be issued its own individual sanitation certificate, in which case each food service establishment must post their own sanitation certificate in a conspicuous location in their establishment. The owner or operator of the food service establishment must decide which of the sanitation certificate processes listed above, will be followed. 55 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 82 (c) Food service establishments where multiple food operations are located in different buildings at the same location regardless of ownership must each be issued their own individual sanitation certificate, in which case each such food operation must post their own sanitation certificate in a conspicuous location in their food service operation. School concession stands under the same ownership, may elect to comply with the provisions of subparagraph (b)1. Regardless of location, provided that the school concession stands are located on the same premises and there are no more than four concession stand operations. (2) Application and Renewal of Sanitation Certificates. (a) Each person who plans to construct, purchase, reopen, or operate a food service establishment or an establishment subject to the requirements of this chapter, must apply for and receive a sanitation certificate from the department prior to the commencement of operation. Applications for certificates must be made to the department on DH 4086, Application for Sanitation Certificate, 02/18, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09902. (b) Applications for sanitation certificates must be submitted with the facility plans as described in paragraph (c), below, the annual fee and any other applicable fee that is required in subsection (3). (c) Prior to the renovation of a food service establishment, notification must be provided to the department. This notification must include construction schedules and details of the work to be completed. Prior to the construction or extensive remodeling of a food service establishment, or the conversion of a structure for use as a food service establishment, or remodeling which includes the addition or relocation of maj or equipment, plans of the facility and its operation must be submitted to and approved by the department. Plans may be submitted by the owner, prospective operator or their designated representative. All plans must comply with the requirements of this cha pter. Plans must be drawn to scale, describe the layout, construction, and general operation of the facility, equipment design and installation, the intended menu, and similar aspects of the facility’s operation that relate to the requirements of this chapter, and be accompanied by DH8003-DCHP-02/2018, Food Service Establishment Plan Review Application, 02/18, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09903. (d) Before a sanitation certificate is issued to a newly constructed or extensively remodeled food service establishment, an inspection must be made by a representative of the department for the determination of compliance with the requirements of this chapter, and section 381.0072, F.S. (3) Fees. (a) Fees must be submitted to the department for sanitation certificates, as well as the provision of other required public health services at food service establishments. Sanitation certificates must be renewed annually and the fee will not be prorated. Fees for all other sanitation certificates, such as change of ownership, reinstatement after revocation of a sanitation certificate, or new establishments, after the first quarter will be prorated on a quarterly basis. Proration will be based on the quarter the department receives an application for a Sanitation Certificate to operate a food service establishment. Upon request of the applicant, the initial fee for school concession stands may be prorated on a quarterly basis regardless of the date of application, provided that it does not operate for more than one quarter, the conditions of subparagraph (1)(b)1., do not apply, and the annual fee used to determine the prorated amount is prescribed by sub- subparagraph (b)5.b., below (b) Except for establishments specifically exempted from fees in subsection (4), all food service establishments must pay an annual or prorated fee to the department accordi ng to the following schedule: ANNUAL SANITATION CERTIFICATE FEE OR INSPECTION FEE SCHEDULE Total 1. Detention Facility $250.00 2. Bar/Lounge $190.00 3. Fraternal/Civic Organization $190.00 4. Movie Theater Inspection $190.00 5. School Cafeteria a. Cafeteria requiring 3 routine inspections per year $170.00 b. Cafeteria requiring 4 routine inspections per year $200.00 c. Concession Stand $100.00 56 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 83 6. Community Based Residential Facility $135.00 7. Afterschool Meal Program $170.00 8. Prescribed Pediatric Extended Care Center $110.00 9. Limited Food Service Operation $110.00 10. Caterering Operation $180.00 11. Mobile Food Unit $180.00 12.Vending Machine Dispensing Time/Temperature Control for Safety Food $ 85.00 (c) Food service establishments with multiple food operations, as described in subparagraph (1)(b)1., above, will be assessed a single annual fee of $300. That fee will be assessed on the main food service establishment, and it will cover the other food service facilities operating in that same building under the umbrella of the main food service establishment. This fee provision also applies to school concession stands that elect to comply with the provisions of paragraph (1)(b). (d) Food service establishments with multiple food operations, as described in paragraph (1)(c), above, will be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b), above. (e) Except for school concession stands that elect to comply with the provisions of subparagraph (1)(b)1. above, food service establishments as described in paragraph (1)(c), will be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b), above. (f) Vending machines dispensing time/temperature control for safety food, catering operations and mobile food units that are located at or operated from an establishment listed in section 381.0072, F.S., will be charged the fees listed in paragraph (3)(b), above, when they are not operating under an existing Sanitation Certificate that has already been issued for the main food service establishment where they are located. (g) The following schedule of fees is established for plan reviews, f ood service worker training and testing, alcoholic beverage establishment sanitation inspections, reinspections, late renewals: 1. Plan review per hour. Public schools, colleges, and vocational teaching facilities are exempt from this fee. $40.00 2. Food establishment worker training course (per person). $10.00 3. Sanitation inspection. a. Alcoholic beverage inspection approval. $30.00 b. Requests for inspection. $40.00 4. Reinspection (for each reinspection after the first). $75.00 5. Late renewal of certificate. $25.00 6. Temporary event food service establishment. a. Sponsor without an existing sanitation certificate. $100.00 b. Vendor or booth at an establishment or location without an existing sanitation certificate. $50.00 (h) All fees submitted to the department are nonrefundable, once review has started on the application. (4) Exemptions. The following limited food service establishments are exempt from the fee requirements of this section: (a) Food service establishments that only serve catered meals which have been prepared in an approved food establishment and where no warewashing, and no storage, reheating, or re -service of the catered food takes place on- site; such as satellite kitchens at schools and other institutions, and similar operations. (b) Food service establishments that serve only snacks which are not kept overnight, or that require individuals in attendance to bring their own meals to the facility, which do not require any food preparation. Rulemaking Authority 381.0072, 154.06 FS. Law Implemented 381.0072(2), 154.06 FS. History–New 2-21-91, Amended 5-12-92, Retained here and Transferred to 7C-4.024, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D-13.038, Amended 3-15-98, 7-14- 03, 4-1-09, 9-26-18. 64E-11.014 Mobile Food Units. 57 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 84 All mobile food units required to have vehicle identification numbers must submit their vehicle identification number to the department on the application for licensure. The license decal must be affixed to the mobile food unit. Mobile food units must comply with rules 64E-11.001 through 64E-11.003, and 64E-11.011 through 64E-11.013, F.A.C., except that such mobile food units are not required to have employee/patron toilet facilities or mop sinks. No license will be granted to a mobile food unit until the following additional requirements have been met: (1) A potable water supply system of sufficient capacity (minimum 5 gallons) to furnish an adequate quantity of hot and cold water for food preparation, cleaning, and handwashing purposes must be provided during all periods of operation. The water inlet must be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it must be kept capped unless being filled. It must be provide d with a transition connection of a size or type that will prevent its use for any other service. (2) A suitable liquid waste system, including a waste tank having a capacity at least 15 percent greater than the water supply system, shall be provided. All connections on the unit for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food units. The waste tank shall be capable of being completely drained and flushed. (3) Serving openings shall not be larger than necessary for the particular operation conducted and shall be kept closed at all times except when food is actually being served. Mobile food units shall provide only single -service articles for use by the consumer. (4) Waste containers shall be provided for the deposit of food scraps, food wrappings, cups, napkins and discarded single-service articles. (5) Mobile food units must operate from an approved commissary that meets all applicable requirements of this rule. The commissary must be provided with potable water and adequate facilities for disposal of liquid and solid waste. The mobile food unit must report to the commissary to store or replenish supplies, clean utensils, and equipment or dispose of liquid and solid waste. Mobile food units which are self -sufficient for equipment, storage, and utilities must report to the commissary at least once weekly or as often as needed to replenish supplies, clean the interior of the unit, or dispose of liquid or solid wastes. A letter from the commissary must be submitted as part of the application confirming the arrangements above. A mobile food unit which is self-sufficient includes a three compartment sink for washing, rinsing, and sanitizing of equipment an d utensils, a separate handwash sink, adequate refrigeration and storage capacity, full provision of power utilities including electrical, LP gas, or a portable power generation unit, and a liquid waste disposal system, and potable water holding tank in accordance with subsections (1) and (2). Mobile food units which are not self-sufficient must report to their commissary at least once daily. The exterior of the unit may be washed in any location, provided the waste water does not create a sanitary nuisance . (6) When a service area is provided at the commissary for cleaning and servicing mobile food units, the service area must include at least overhead protection for any supplying, cleaning or servicing operation. Such area must be physically separated from other food operations; must be equipped to furnish approved potable water in accordance with applicable provisions of chapters 62-550 and 62-555 or chapter 64E-8, F.A.C.; and must provide facilities for the drainage and disposal of liquid wastes in accordance with applicable provisions of chapter 64E-6 or 62-600, F.A.C., and the plumbing authority. The surface of the servicing area must be constructed of a smooth, nonabsorbent material such as concrete or machine laid asphalt and must be maintained in good repair, kept clean and be graded to drain. Chapters 62-550, 62-555, and 62-600, F.A.C. (07/2018) are incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09929, https://www.flrules.org/Gateway/reference.asp?No=Ref-09930, and https://www.flrules.org/Gateway/reference.asp?No=Ref-09931. (7) Mobile food units which are limited to the sale of non-time/temperature control for safety food only are exempt from: (a) The requirements of employee hand washing sink, provided that only pre-packaged items are offered; and, (b) The requirements of a utensil washing sink when all necessary washing and sanitizing of utensils and equipment are conducted at a designated approved commissary or fixed food establishment. An adequate supply of spare preparation or serving utensils must be maintained in the unit and used to replace any utensils that be come contaminated. 58 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 85 (8) Mobile food units may temporarily connect to an approved utility system for a time period not to exceed one day’s operation, provided the utility system is adequate to meet the needs of the unit, sanitary facilities are made available for employees and patrons in accordance with the applicable plumbing authority, and the unit returns to its base commissary in accordance with subsection (5). (9) Mobile food units which limit the preparation of food to frankfurters only, must comply w ith all applicable requirements of this section, except that subsection (3) does not apply when adequate precautions are utilized to prevent contamination of the frankfurters during cooking operations. Potentially hazardous time/temperature control for safety foods such as chili, cooked onions and peppers, cheese, and cheese sauce may only be served in individually portioned and packaged or pre-packaged containers which are maintained at proper temperatures on the unit. Non - time/temperature control for safety foods such as relish, raw onions and peppers, and other such condiments may be served directly from the unit. Bulk beverages from approved sources may be dispensed from covered urns or other protected containers. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History–New 3-15-98, Amended 7-14-03, 9-26-18. 64E-11.015 Afterschool Meal Program. (1) Facilities participating in the United States Department of Agriculture (USDA) Afterschool Meal Program, which are not used for any other food service operation or for multiple USDA Afterschool Meal Programs, shall comply with all applicable sanitary requirements of this chapter when minimum standards are not specified in this section. (2) Food preparation sink – The sanitizing compartment of a two or three compartment sink may be used as a food preparation sink provided that the Afterschool Meal Program entity has a written procedure of use, which has been approved by the Department prior to the implementation of the procedure. At minimum, t he written procedures shall: (a) Ensure the third compartment is clean to the sight and touch and sanitized, prior to and after use as a food preparation sink; (b) Ensure no other sink compartment(s) is used for any other purpose while the sink is in use a s a food preparation sink; (c) Ensure only workers, who have been trained on the procedure, use the sink for food preparation; and, (d) Ensure the approved procedure is posted at the sink. (3) Hot and Cold Holding Equipment – In order to comply with holding temperature requirements, electronic hot and cold holding equipment shall be used for food storage; however, controls for the adjustment of temperature are not required. (4) Cleaning facilities – Food operations restricted to the receipt of pre-portioned catered meals or service of prepackaged food items may use a self-contained mopping apparatus, provided it is used in accordance with the manufacturer’s instructions and always available for use. (5) Manual washing, rinsing and sanitizing – Sinks, drainboards and dishtables must be cleaned prior to use. A two-compartment sink may be used when warewashing is limited to a batch operation in which cleaning of kitchenware and tableware is suspended until the end of the service period. For batch cleaning, the f ollowing process applies: (a) Prior to using this process, Department approval shall be obtained; (b) Prior to washing, multi-use tableware and kitchenware must be pre-flushed or pre-scraped and, when necessary, pre-soaked to remove gross food particles and soil; (c) Immediately before use, prepare the cleaning and sanitizing solutions in sinks, which are free of debris and residue and clean to the sight and touch; (d) In the first compartment use a detergent -sanitizer product, which is a detergent that contains a sanitizer, and apply the detergent-sanitizer in accordance with the manufacturer’s instructions; (e) In the second compartment use a sanitization method in accordance with rule 64E -11.006, F.A.C. If using a chemical sanitizer, the sanitizing agent must be the same chemical agent contained in the detergent-sanitizer; and, (f) Immediately after use, drain sinks. 59 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 86 (6) Drains – For an existing building with an existing food service operation, all drainage connections are considered acceptable if in good working order and capable of being maintained in a sanitary condition. Replacement materials and repairs must meet the requirements specified in rule 64E-11.007, F.A.C. (7) Handwashing Facilities – For sites that receive pre-portioned catered meals or only serve prepackaged food items and employees do not open prepackaged items or otherwise come into contact with exposed food, a designated lavatory, equipped with hand cleansing soap or detergent and individual single use sanitary towels or a heated -air hand drying device is required but need not be in the same room. However, where food is served, dispensed, or otherwise unpackaged, a designated handwashing lavatory, equipped with hand cleansing soap or detergent and individual single use sanitary towels or a heated-air hand drying device, shall be located in the same room and within 20 feet of the area where food is served or dispensed. (8)Hot Water – Food operations restricted to the receipt of proportioned catered meals or service of prepackaged food items and do not require ware washing are not required to have hot water. (9) Manager Certification – manager certification standards in accordance with Rule 64E-11.012, F.A.C., shall be required for the following Afterschool Meal Program sites: (a)Those sites routinely inspected three times or four times per year and which result in three consecutive routine inspections each containing violations involving three of the four foodborne illness risk factors listed in paragraph (c), below. (b)Those sites routinely inspected one time or two times per year and which result in two out of three consecutive routine inspections each containing violations involving three of the four foodborne illness risk factors listed in paragraph (c), below. (c) Risk Factors are significant contributors to foodborne illness and are identified as: 1. Employee health and hygiene, such as improper handwashing and the presence of ill food workers in accordance with rule 64E-11.005, F.A.C., 2. Holding temperatures (Hot and cold holding and cooling), 3. Inadequate cooking or reheating; and, 4. Food from unapproved sources. (10) Time as a public health control – Time may be used in lieu of the holding temperature requirements of subsection 64E-11.003(2), F.A.C., provided that time/temperature control for safety foods are cooked or reheated in accordance with subsection 64E-11.003(2), F.A.C.; the Department is notified at least 14 days prior to the implementation of time as a public health control; and the Afterschool Meal Program: (a) Provides the Department a copy of the written procedures, which at a minimum indicates the meal service times and the following: 1. The specific location where the time/temperature control for safety foods proposed for use under time as a public health control are prepared; 2. The proposed delivery schedule, if time/temperature control for safety foods are received from an outside approved source; and, 3. The names of the food workers who have been trained regarding these written procedures. (b)Maintains a daily log for time/temperature control for safety foods cooked or reheated on-site, which indicates the date, name of the time/temperature control for safety foods, final cooking temperature, and the time that the final cooking temperature was reached. In addition, each time/temperature control for safety food product or the container holding the product must be labeled with an expiration time, which must not exceed 4 hours from the time that the product reached the final cooking temperature. Time/temperature control for safety food products must be discarded upon reaching the expiration time or if no expiration time is indicated. (c) Maintains a valid copy of the caterer’s license, if a catering operation is used, and documents the name of food suppliers, for ready-to-eat time/temperature control for safety food products that are not cooked or reheated on-site. In addition, a daily product log must be maintained that documents the following: the date, name, and quantity of the time/temperature control for safety food products that are obtained or received; the time and temperature of time/temperature control for safety food products received or obtained by the Afterschool Meal Program; the expiration time, which must not exceed 4 hours from the time that the Afterschool Meal Program takes possession of 60 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 87 the time/temperature control for safety food product; and the name and quantity of time/temperature control for safety food products discarded. (d)Provides and documents training for food workers regarding the Afterschool Meal Program site’s use of time as a public health control, including written procedures and this section. Only trained employees shall complete the daily logs and document expiration times. (e)Maintains all documentation, including logs and licenses, for one year on site and makes them available to the Department upon request. (11)During transport between food service establishments or while being transported from a food service establishment to another location, all food must be in covered containers or otherwise wrapped or packaged to ensure protection from contamination. Time/temperature control for safety food products must be kept at safe temperatures during all periods of transportation and delivery. Food u tensils must be completely wrapped or packaged to protect them from contamination. Any time/temperature control for safety food product that does not meet these requirements must not be accepted or served by the Afterschool Meal Program Site. Rulemaking Authority 381.0072 FS. Law Implemented 381.0072 FS. History‒New 2-18-14, Amended 9-26-18. EXHIBIT F PLANS 61 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Community Center Food and Beverage Concession – RFP # 2023-14 71 EXHIBIT D KEY BISCAYNE COMMUNITY CENTER CONCESSION EQUIPMENT INVENTORY The equipment and furnishings listed below were provided by the current Concessionaire and constitute Removable Equipment that the current Concessionaire may elect to remove or sell if the current Concessionaire does not propose for or is not awarded the new concession. 1. Two stainless steel hand wash sinks with dispenser - NSF component N015367 2. 3.3 bin stainless steel sink - Aero manufacturing 3. One Hotpoint microwave 4. One stainless steel display refrigerator w/glass door and lighting - Avantco 5. Avantco AWT-48F-HC 48" Worktop Freezer with 3 1/2" Backsplash 6. 2 Two Door Worktop Refrigerator 7. One stainless steel 6° prep table w/ 3 steel mesh bins refrigerators 8.Ice Maker Electactic 100lb/cube ice 9. Dishwasher machine 10.One blender - Vitamix 11.One stainless steel juice maker - Breville 12.One stainless steel ice cream/refrigerator display - Sancher # C83FS - 150SC 13.One stainless steel ice cream/refrigerator display - Royal # PDOSLSC-T 14.One stainless steel ice cream scoop holder 15.One black rubber blender tops 16.One clear, plastic blender pitcher 17.Two grey plastic garbage bins 18. Four stainless steel cylinder holders/presenters 19.One espresso machine - Mr. Coffee 20. Food Heater 3 tier Yescom Proposer plans to engage in discussions with the existing Concessionaire regarding the purchase of Removable Equipment, but is able to provide its own equipment if needed. 62 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 63 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 TAB B Executive Summary Aguamiel LLC RFP Response to RFP 2023-14 COMMUNITY CENTER FOOD AND BEVERAGE CONCESSION Submitted by: David Suarez Roxaby Gomez Submission Date: August 15, 2023 67 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 TABLE OF CONTENTS Tab B Tab B Cover Page Page 67 Table of Contents Page 68 Executive Summary Page 69-70 Deliverables, Tasks, Activities Page 71 Deliverable: Menu Page 71-74 Deliverable: Reference Letters & Community Anecdotes Page 74-82 Deliverable: Resumes & Certifications Page 83-85 Deliverable: Corporate Documents (Articles of Organization, etc.) Page 86-89 Deliverable: Food Permits Page 90-91 Deliverable: Insurance Certificate (current) Page 92 Deliverable: Tax Documents (2021-2022 Returns, Local Business Tax Receipt) Page 93-131 Deliverable: E-Verify Proof Page 132-134 List of Exceptions Page 135 Tab C Tab C Cover Page Page 136 1. Qualifications Qualifications of Firm Page 137 Qualifications of Staff Page 137-138 Industry Knowledge and Expertise Page 138 Project Management and Special Services / Past Performance Page 139 2. Service Team & Resume Anticipated Organizational Chart Page 140 Detailed Descriptions of Role & Responsibilities Page 141-142 Relevant Experience of Each Team Member Page 142 Approach to Providing Services to the Village Page 142 3. Personnel Plan Operating Plan and Organizational Chart Page 142-144 Data to Support Staffing Levels Page 144 Managerial Positions Assigned to Village Members Page 144-145 Detailed Description of Roles & Responsibilities Page 145-148 Employee Policies & Procedures Page 148-151 Capacity for Hiring and Developing Personnel Page 151-152 Methods to Maintain Satisfactory Performance Levels Page 152-153 68 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Executive Summary Aguamiel LLC (“Aguamiel”, “we”, “us”) is a family-owned and operated, minority and woman- owned small business. founded in mid-2021 by husband-and-wife David Suarez, Roxaby “Aby” Gomez, and their son Juan David. (Note: Aguamiel is in the process of registering as a Disadvantaged Business Enterprise with Miami-Dade County.) Aguamiel has been serving coffee, refreshing drinks, as well as various sweet and savory treats through its “pop-up” coffee shop at the Key Biscayne Community Church Farmer’s Market since 2021, as well as providing coffee and pastry service to private events around the Village. Aguamiel’s mission is to offer an experience that makes customers feel at home in a warm and welcoming environment that encourages connection and family enjoyment. Aguamiel has quickly become a staple for families within the Key Biscayne community after serving it loyally for the past two years. Aguamiel views the broader Key Biscayne community as part of its family and is committed to serving Key Biscayne for many years to come. Aguamiel believes that its reputation within Key Biscayne and connection to families within the Key Biscayne community makes it the clear top choice to manage the Key Biscayne Community Center Food & Beverage Concession Stand (the “Concession Space”, as defined in the RFP #2023-14). Aguamiel has been seeking a suitable permanent location within Key Biscayne for over a year as it has developed a loyal customer base and a sense of family with the local community. We believe we are uniquely positioned to take over the Concession Space operations shortly after a potential award as we already consistently operate our pop-up coffee operation within a few blocks of the Community Center and have all the necessary equipment to begin operations immediately. We have all documentation and information needed to obtain any insurance, certification, license, or other permit needed to operate a permanent location in the Community Center and can move swiftly to obtain anything additional needed that we do not currently have. Additionally, in the event that Aguamiel needs additional capital to invest in setting up operations within the Community Center, it has support of local investors who will be willing to provide any start-up capital needed on short notice. Unlike many other proposers who may respond to this RFP, David and Aby dedicate 100% of their time and efforts to Aguamiel as it is their full-time and only job, and view Aguamiel as their calling in life. Should Aguamiel be awarded the contract to manage the Concession Space, David and Aby will personally manage the operation on a day-to-day basis and dedicate their lives to serving Key Biscayne, as they already have been for the past two years. Aguamiel is not a “hobby” or “passion project”, or just something for David and Aby to do in their spare time. Aguamiel is their life’s work, their family legacy, and sole priority. Unlike other businesses who may be proposing on this RFP, this is not just another way for Aguamiel to make a few extra dollars or conveniently add an additional location to a large footprint of locations. Aguamiel would operate the Concession Space with the same passion that they operate with at the Farmer’s Market, and the Concession Space would be their sole location with 100% of the family’s focus and dedication. Should we have the privilege to oversee the Concession Space, it would mark a transformative milestone for our family business. As first-generation immigrants, Aguamiel is a testament to the enduring "American dream." David Suarez is not an average barista. After beginning his career as an odontologist, David discovered his passion for coffee and decided to make it his full-time career. Today, David is a certified barista and coffee roaster. David is a true coffee lover with a passion for excellence and an unwavering commitment to providing his customers with the best possible coffee experience. David takes pride in his art and constantly seeks ways to innovate and create new coffee blends and flavors to ensure Aguamiel always offers the best homemade specialty drinks for Aguamiel’s customers. 69 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Aby Gomez is a multidisciplinary artist and passionate culinary magician who loves creating new flavors and recipes, with an incredible talent for bringing beauty and innovation to everything she does. Cooking and baking has always been an essential part of her life. Thanks to the influence of her maternal grandmother, she learned to bake with love and today honors her family’s legacy by bringing her kitchen as a gathering place in her home and sharing her passion with the community. Aby is also the visionary and loves to be involved in all aspects of Aguamiel’s visual identity, branding, and marketing, and takes great care for every single detail. Juan David, the couple’s son, is the official taste-tester of Aguamiel. The family involves Juan David in every step they take, which helps them stay connected and united in their family business and ensures that the Aguamiel legacy will always be one of family. Aguamiel is committed to sustainability and always seeks to partner with local small businesses to offer the best products to their customers and reduce Aguamiel’s environmental impact. Aguamiel believes that reducing single-use products is crucial for a sustainable future, and by embracing reusable cups and bags, Aguamiel has significantly cut down on plastic waste, conserving natural resources and protecting our environment. We think sustainability is not just a trend but a necessary way of life. We are fully committed to incorporating sustainable practices into every aspect of our business and spreading awareness about the importance of taking care of our planet. Aguamiel prioritizes quality, health, community, and sustainability. As a family-operated small business, we hold true to our values and aim to create a warm and inviting space for all who visit. The name Aguamiel has a special meaning for the family, as it is Aby’s middle name and affectionate nickname that David gave her. It is a constant reminder of the love that unites them and their commitment to the family project that is Aguamiel. In our small coffee shop operated by our family, we hope to provide an exceptional experience that goes beyond a simple cup of coffee or a delicious pastry. We aim to create a haven where people can connect, learn, and appreciate the artistry and sustainability behind our products. Thank you for your time and consideration given to our proposal. -The Aguamiel Family 70 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Deliverables, Tasks, and Activities Aguamiel is highly qualified and prepared to operate and maintain the 180 square foot Concession Space and will comply with all requirements as listed within Section 2 of the RFP and conform with all terms and conditions listed therein. Aguamiel has carefully reviewed all requirements, understands, and agree to comply with all conditions within the RFP. Please refer to the Addenda within Tab A for all documentation provided. AGUAMIEL LLC MENU Aguamiel represents that the proposed menu complies with the Villages requests regarding nutritional facts and can provide additional information if needed. DRINK MENU SPECIALTY COFFEE Small Medium Large SINGLE ESPRESSO $3.5 5 Cal DOUBLE ESPRESSO $4 6 Cal AMERICANO $3.75 $4.15 $4.75 5 Cal / 6 Cal CORTADITO $3.75 42 Cal CORTADO $4.15 88 Cal LATTE $4.15 $4.75 $5.15 118 Cal / 220 Cal CAPPUCCINO $4.75 $5.15 $5.75 90 Cal / 190 Cal MOCHA $4.75 $5.15 $5.75 115 Cal / 180 Cal MACCHIATO $4.15 $4.75 8 Cal FLAT WHITE $4.75 118 Cal COLD BREW $5.75 15 Cal DRIP COFFEE $4.50 $5 2 Cal / 5 Cal AFFOGATO Double Espresso shots + Oat Milk Ice Cream $5.5 218 Cal SIGNATURE REFRESH DRINKS 16 Oz ICED AMERICANO 2 Espresso Shots + Alkaline Water $5 6 Cal COLD BREW + COLD FOAM 16 hours Cold brew coffee + Oat Cold Foam $7.25 30 Cal WHITE CHOCO OAT CAPPUCCINO 2 Organic Espresso Shots + Oat milk + Housemade White Chocolate Syrup ICED OR HOT $7.50 147 Cal OAT MOCHA 2 Espresso Shots + Venezuelan Cacao + Oat Milk ICED OR HOT $6.75 171 Cal CHAGACCINO Wild Chaga + Organic Peruvian Cacao + Organic Cinnamon + Monk Fruit + Oat or Almond Milk ICED OR HOT CAFFEINE FREE VEGAN $7.75 118 Cal I LOVE YOU SO MATCHA Ceremonial Grade Green Tea Matcha + Your milk choice ICED OR HOT $6.25 / $7.25 157 Cal BLUE MOON LATTE Blue Butterfly pea Tea + Agave + Oat or Almond milk ICED OR HOT CAFFEINE FREE VEGAN $7.25 164 Cal GOLDEN MILK Turmeric + Cinnamon + Black Pepper + Ginger + Cardamon + Ashwagandha + your choice of milk ICED OR HOT CAFFEINE FREE $6.25 / $7.25 159 Cal DRAGON FRUIT Loose leaf specialty Iced tea (Rose hips, hibiscus, Apple pieces, orange, lemon verbena, dragonfruit pieces, pineapple pieces, rose petals, marigold flowers, strawberries) + organic lemon juice + Organic Agave ICED CAFFEINE FREE $6.25 17 Cal 71 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 MOJITO REFRESH Loose Leaf specialty Iced Tea (Green Tea, Spearmint Leaves, Lemon Grass, Lemon Verbena, Orange, Marigold Flowers) + Organic Lemon Juice + Organic Agave ICED $6.25 17 Cal LAVENDER LEMONADE Loose Leaf specialty iced tea (Apple Pieces, Lemongrass, Rose hips, Orange, Lavender, Blue Cornflower) + Organic Lemon Juice + Organic Agave ICED CAFFEINE FREE $6.25 17 Cal MATCHA TONIC Ceremonial Grade Green Tea Matcha + Organic Lemon Juice + Organic Agave + Sparkling Water ICED $6.25 25 Cal LEMONADE Organic Lemon Juice + Organic Agave + Still or Sparkling Water ICED CAFFEINE FREE $4.75 17 Cal *SEASONAL COLD DRINK In every season, we have special Drinks. $6.25 / $7.25 SIGNATURE COZY DRINKS 12 Oz CINNAMON HONEY LATTE 2 espresso Shots + Housemade Honey Cinnamon Syrup (KB Honey + Organic Cinnamon) + Your choice of milk $5.25 177 Cal CHOCO CHAGA Venezuelan Cacao + Chagacchino Blend (Wild Chaga + Organic Peruvian Cacao + Organic Cinnamon + Monk Fruit) + Your Choice of milk CAFFEINE FREE $6.75 / $7.75 186 Cal MOCHA CARAMEL 2 Espresso Shots + Venezuelan Cacao + Housemade Caramel Sauce + Your Choice of milk ICED OR HOT $5.65 / $6.65 262 Cal PINK LATTE Beet Powder + Cacao + housemade brown sugar Syrup + Oat or Almond Milk ICED OR HOT CAFFEINE FREE VEGAN $6.75 189 Cal VEGAN HOT COCOA Venezuelan Cacao + Your Choice of milk ICED OR HOT CAFFEINE FREE VEGAN $5.25 187 Cal CHAI LATTE Organic Black tea + Organic cinnamon + Organic Ginger + Organic black Pepper + Organic Lemon Juice + Organic Clove + Organic Molasses + Organic Cane Sugar + Organic Clove + Your Choice of milk ICED OR HOT $5.25 / $6.25 149 Cal SEASONAL COZY DRINK Every Season we have special drinks. HOT $5.25 / 6.25 MILK / NON-DAIRY OPTIONS WHOLE MILK 2% LOW FAT MILK HALF AND HALF OAT +$1 ALMOND +$1 COCONUT +$1 HOUSEMADE SYRUPS BROWN SUGAR +$0.50 15 Cal BROWN SUGAR VANILLA BEAN +$0.50 16 Cal WHITE CHOCOLATE +$0.75 23 Cal CARAMEL +$0.75 70 Cal CINNAMON HONEY +$0.75 22 Cal COCONUT SUGAR SYRUP +$0.75 16 Cal 72 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 AGUAMIEL FOOD MENU HOUSEMADE BAKED GOODS VEGAN BANANA BREAD LACTOSE FREE VEGAN $5.5 194 Cal LEMON OLIVE OIL LOAF $5.5 550 Cal MARBLE LOAF $5.5 605 Cal ALMOND FINANCIERS $5.5 385 Cal VEGAN CHOCO CHIPS COOKIE $2.95 150 Cal HEALTHY COOKIE Almond Flour + Coconut Sugar + Coconut Oil + Sugar free Choco chips + Eggs + Baking Soda + Baking Powder + Sea Salt REFINED SUGAR FREE/LACTOSE FREE GLUTEN FREE $2.95 167 Cal BROOKIE COOKIE Half Choco chips + Half Dark Choco Chips $2.95 152 Cal SEASONAL COOKIE Every Season we have a special flavor $2.95 OAT CINNAMON COOKIE $2.95 143 Cal ORANGE RASPBERRY CAKE GLUTEN FREE/LACTOSE FREE $5.5 500 Cal HEALTHY CARROT MUFFIN Almond flour + Tapioca + Eggs + Almond Milk + Maple + Coconut Oil + Cinnamon + Monk Fruit + Coconut Sugar + Baking soda + Baking Powder + Organic Carrots + Walnuts REFINED SUGAR FREE/LACTOSE FREE $5.5 168 Cal BLUEBERRIES MUFFIN Almond flour + Tapioca + Eggs + Almond Milk + Maple + Coconut Oil + Cinnamon + Monk Fruit + Coconut Sugar + Baking soda + Baking Powder + Fresh Blueberries + Monk Fruit Powder REFINED SUGAR FREE/LACTOSE FREE $5.5 158 Cal SEASONAL CAKE Every season we have a special cake GRAB AND GO DRINKS JUST WATER $4 0 Cal JUST BUBBLES (SPARKLING WATER) $4 0 Cal GATORADE ZERO (GLACIER FREEZE) $4 0-15 Cal GATORADE ZERO (GLACIER CHERRY) $4 0-15 Cal GATORADE ZERO (LEMON LIME) $4 0-15 Cal GATORADE ZERO (BERRY) $4 0-15 Cal GATORADE ZERO (ORANGE) $4 0-15 Cal GATORADE ZERO (STRAWBERRY KIWI) $4 0-15 Cal GATORADE ZERO (FRUIT PUNCH) $4 0-15 Cal MUSCLE MILK ZERO (CHOCOLATE) $5 100 Cal MUSCLE MILK ZERO (VANILLA) $5 100 Cal COCONUT WATER $4.65 45 Cal O1 Orange juice 100% $6.50 119 Cal KOMBUCHA RADIATE ‐ GREEN APPLE (apple, lime, spirulina, chlorophyll) ‐ PIÑA CALIENTE (pineapple, turmeric, cayenne) ‐ MERMAID MAJIK (ginger, blue majik algae) $5 23 Cal GINGER SHOT Ginger, lemon, agave $5 10 Cal TURMERIC SHOT Turmeric, orange, lemon $5 10 Cal A3 Apple, Carrot, Lemon, Ginger $8.50 60-90 Cal D3 Dragon fruit, pineapple, coconut water $8.50 60 to 90 Cal P3 Pineapple, mango, apple, mint, lime $8.50 60 to 90 Cal K8 Kale, Spinach, Swiss chard, apple, parsley, celery, bok choy, lime $8.50 60 to 90 Cal LA CROIX SPARKLING WATER $3.5 0 Cal 73 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 BREAKFAST / LUNCH HEALTHY CHIA SEEDS TEQUEÑOS (3 units) Whole Wheat Flour + Chia Seeds + Low Fat White Cheese $5.25 120 Cal (Per Serving) MINI PAN DE BONO (3 units) $4.75 40 Cal (Per Serving) HEALTHY WHOLE WEAT CACHITO Whole Wheat bread filled with Turkey Ham $5.50 240 Cal BREAKFAST SANDWICH Whole Wheat English Muffin + Eggs + Cheddar Cheese + Turkey Bacon or Sausage $6.00 350 Cal EGG WHITE BITES (2 units) Egg whites, vegetables, cheese $6.00 90 Cal (Per Serving) AVOCADO TOAST Local Sourdough Bread (GF Option Available) + Avocado + Sea Salt Additional: ‐ Feta Cheese +$1 ‐ Hot Honey +$0.50 ‐ Red Pepper Flakes +$0 ‐ Organic Eggs +$1 $12 180 Cal ACAI BOWL Acai Blend + Peanut Butter + Housemade Vegan Granola + Seasonal Fruits + Hemp Seeds + Sheered Coconut + KB Honey $10 200 Cal to 500 Cal CROISSANT (ASSORTED FLAVORS) $5.15 231 Cal WHOLE WHEAT BAKED EMPANADAS ‐ Vegan Tropical ‐ Ham and cheese ‐ Chicken Cilantro $5.75 150 to 200 Cal GRAB AND GO FOODS YOGURT PARFAIT Greek yogurt + Organic Seasonal Fruits + Housemade Vegan Granola (optional) + KB honey (optional) $7.65 320 Cal FRUIT CUP Organic Seasonal fruits $6.50 130 Cal HUMMUS AND PITA Hummus + *Siete Brand Chips $4.75 270 Cal GUACAMOLE AND CHIPS Guacamole + *Siete Brand Chips $4.75 220 Cal COFFEE BEANS BAG Organic Freshly Roasted Single Origin Coffee Beans $18 HOUSEMADE GRANOLA BAG $10 MINI FINANCIERS BAG $6 154 Cal per Serving MINI COOKIES BAG $6 152 Cal per Serving HEALTHY MARQUESA BITES SUGAR FREE / LACTOSE FREE Sugar free chocolate + sugar free maria cookies + coconut milk $6 170 Cal SIETE CHIPS SEA SALT (PALEO/VEGAN/GRAIN FREE/GLUTEN FREE) $3.95 130 Cal ANNIES BUNNY FRUIT GOMMIES (ORGANIC) $3 80 Cal HU HUNKS (CHOCOLATE COVERED ALMONDS) VEGAN/ORGANIC/PALEO/GLUTEN FREE/REFINED SUGAR FREE $8 170 Cal per Serving SMOOTHIES CHOCO PB Organic cacao + Organic Peanut Butter + Oat Milk + Chocolate protein + Bananas $9.45 160 Cal / 300 Cal GOOD VIBES ONLY Passion fruit + Mango + Banana + Kb Honey + Coconut unsweetened condensed milk $9.45 160 Cal / 300 Cal GOOD MORNING KB Banana + Vanilla Whey Protein + Coconut milk + Blue Spirulina + Organic Peanut Butter $9.45 160 Cal / 300 Cal 74 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 75 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 76 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 77 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 78 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 79 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 80 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 81 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 KEY BISCAYNE COMMUNITY SUPPORT 82 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 786-650-4076 Davidsuarez29@hotmail.com Contact David Suarez Aguamiel Co Founder Skills Education Experience Supervisor to receive, unpack, and order the merchandise Cashier Spanish English Language CERTIFICATE BARISTA SKILLS FOUNDATION BY SPECIALTY COFFEE ASSOCIATION CERTIFICATE BARISTA 1 CERTIFICATE LATTE ARTE CERTIFICATE ROASTER CERTIFICATE BREWING (2017) (2017) HEAD BARISTA Eggs and bakery (2018) MANAGER AND HEAD BARISTA XO espresso bar (2019 -2021) COFFEE ROASTER La vela Coffee roaster (2020 - 2022) Coffee Roaster High level Customer service Professional Barista Teamwork Barista school “Guayoyo” Barista school “Guayoyo” Barista school “Guayoyo” Barista school “Guayoyo” Gustavo Paparoni BARISTA Coffee Hub (2020 - 2023) CO FOUNDER MOBILE UNIT COFFEE BUSINESS Aguamiel (2021 - 2023) 83 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 786-572-9756 Aby_gomez@msn.com Contact RoxabyGomez Aguamiel Co Founder Skills Education Experience Spanish English Language BAKE LIKE A BOSS VEGETARIAN/GLUTEN FREE FOOD COURSE HEAD BAKER CO FOUNDER AGUAMIEL Alicia Correia Altur Apostol XO espresso bar Aguamiel Baker Branding Graphic Design Organization Customer service MEDITERRANEAN FOOD COURSE ITALIAN FOOD COURSE La new cuisine GRAPHIC DESIGN IDV 84 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 85 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 86 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 87 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 88 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 89 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 90 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 91 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 92 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 130 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 131 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 132 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 133 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 134 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 List of Exceptions Aguamiel appreciates the opportunity presented by this RFP and, in the spirit of transparency, wishes to outline certain exceptions and clarifications related to its current licensing status and compliance: Within Tab A, page 31 of this Proposal, Aguamiel notes that it does not currently have a Certificate of Competency Number or an Occupational License Number under the Aguamiel LLC entity. Aguamiel believes in good faith that it is unable to obtain these without a permanent physical location, and as such, believes it will not be able to apply for these until it can list the Concession Space as its permanent location. However, Aguamiel currently utilizes a commercial kitchen for all food preparation. This kitchen is called Eatsy Miami, and Eatsy Miami operates under license number NOS2325065 at the address of 1082 NW 54th Street Miami, FL 33127. Furthermore, Aguamiel LLC maintains Annual Food Permits with the Florida Department of Agriculture and Consumer Services Division of Food Safety, which are both attached to this RFP and are in effect until December 31, 2023, at which time they will be renewed. Aguamiel’s permitted location address per their food permits are 1082 NW 54th Street Miami, FL 33127, which is Eatsy Miami’s commercial kitchen address. Aguamiel believes in good faith that it is eligible to bid on this proposal and be compliant with the requirements for this reason and was unsure of whether to list Eatsy Miami’s license number in this section of the RFP. In order to avoid any potential misrepresentation, Aguamiel erred on the side of caution and simply wrote “To be applied for post-award” as a response where asked for these license numbers. In the event Aguamiel itself specifically needs to apply for any Certificates or Occupational Licenses, it will immediately do so and sees no reason why they would be unable to obtain one in a timely manner. Aguamiel LLC - Permit Number 2023-R-1999564, Permit Type 448, Food Entity Number 402621 Aguamiel LLC – Permit Type 166, Food Entity Number 402622 135 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 TAB C Qualifications and Experience Aguamiel LLC RFP Response to RFP 2023-14 COMMUNITY CENTER FOOD AND BEVERAGE CONCESSION Submitted by: David Suarez Roxaby Gomez Submission Date: August 15, 2023 136 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 1. Qualifications a. Qualifications of Firm Aguamiel possesses a distinct and robust set of qualifications that uniquely position us to manage the Concession Space. Our expertise is anchored in a proven track record of community service, particularly evident through our operations at the Key Biscayne Community Church every Saturday and our successful pop-up events in collaboration with esteemed local institutions like the Key Biscayne Presbyterian School, the Key Biscayne Community Church Day School, and the It Takes a Village Foundation. These interactions have not only established Aguamiel as a recognized presence within the Village but have also garnered us letters of recommendation and exceedingly positive reviews from the Village's residents. Our qualifications extend beyond recognition, reflecting our unwavering commitment to providing unparalleled customer service and a culinary experience that stands as a testament to quality. At Aguamiel, our dedication to excellence is tangible, as exemplified by our artisanal approach. We proudly craft our menu offerings, which encompass a diverse array of over 70 beverages (both hot and iced) and more than 35 food options. This expansive menu is a testament to our consistent innovation, perpetually introducing novel and enticing selections to satisfy a broad spectrum of tastes and dietary preferences. Our commitment to quality is resoundingly evident. We maintain a perfect 5.0 star rating on Google Reviews, with our patrons consistently lauding our impeccable coffee, delectable food offerings, and stellar customer service. Feedback such as "the best coffee in Miami – no competition" and "hands down, the best coffee on the Key" underscores our unwavering dedication to exceeding expectations. Integral to our identity is an unyielding customer-centric approach. This is evidenced by our emphasis on health-conscious offerings, ranging from our meticulous coffee bean roasting practices to the creation of our flavored syrups from scratch. Our expansive menu caters to diverse dietary requirements, including gluten-free, sugar-free, and vegan options, reflecting our commitment to inclusivity and culinary excellence. In essence, Aguamiel's qualifications rest not only on our remarkable reputation but also on our deep-rooted passion for delivering exceptional experiences and serving the Key Biscayne community. Our status as a respected community partner, combined with our reputation and commitment to superior quality, renders us the natural choice to steward the Concession Space, fostering a thriving and welcoming environment for all who visit. b. Qualifications of Staff The Aguamiel team is not only exceptionally qualified but also meticulously dedicated to the fulfillment of the services outlined within the RFP. Since the inception of Aguamiel in 2021, our focus has been unwaveringly dedicated to this endeavor. What sets us apart is not just our qualifications, but the passion and expertise we infuse into every aspect of our operations. Our track record in successfully managing a thriving coffee shop within the same community reinforces our prowess and underscores our preparedness to excel in managing the Concession Space. David's Qualifications: David stands as a testament to our expertise. With a coveted Barista Skills certificate accredited by the Specialty Coffee Association, he is armed with refined knowledge and skills. His pursuit of excellence has seen him graduating from barista school with certifications in latte art, coffee roasting, and brewing. The years 2019 to 2021 witnessed 137 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 his astute leadership as the Manager and Head Barista of XO espresso bar, further amplifying his aptitude. Notably, his tenure as a coffee roaster for La Vela Coffee Roasters from 2020 to 2022 was a pivotal stepping stone that eventually led to the establishment of Aguamiel. His fervor for coffee and dedication to impeccable customer service have positioned Aguamiel as a cornerstone of the Key Biscayne community. Aby's Culinary Prowess: Aby's qualifications are equally compelling. The culmination of a lifelong passion for cooking and baking is evidenced by her participation in numerous culinary courses. Her unwavering dedication led her to excel as the former Head Baker of XO espresso bar. This role enabled her to finesse her culinary skills while honing her expertise in food preparation and management. Today, Aby dedicates her boundless energy and expertise to crafting exceptional food experiences for Aguamiel's patrons. Both David and Aby bring years of experience in delivering precisely the services outlined in the Scope of Work. Their expertise not only ensures the successful management of the Concession Space but propels it to become a dynamic and thriving hub within the Village. Furthermore, their bilingual proficiency in English and Spanish is a dynamic asset that ensures seamless communication with the diverse tapestry of citizens in the Village. This commitment to inclusivity guarantees that every individual feels valued, understood, and part of the Aguamiel experience. c. Industry Knowledge and Expertise Our team at Aguamiel brings a wealth of industry knowledge and expertise to the operation of the Concession Space. With a proven track record in managing a popular coffee shop within the same community, our experience sets us apart. David's Expertise: David boasts a comprehensive skill set in the coffee industry. With certifications in barista skills, coffee roasting, and latte art, his expertise is backed by hands-on experience in managing coffee shops and roasting coffee beans. This deep knowledge equips him to deliver nothing short of top-quality service within the Concession Space. His dedication to the craft and commitment to excellence will undoubtedly elevate the experience for our patrons at the Community Center. Aby's Culinary Mastery: Aby's culinary journey is marked by extensive experience in cooking, baking, and diverse food preparation methods. She has further honed her skills through various specialized courses, enriching her culinary prowess. Aby's prior role as the Head Baker at XO espresso bar exemplifies her proficiency in both food preparation and management. Her adeptness extends beyond the kitchen, as she possesses strong customer service acumen and a keen eye for branding. Aby's warm and engaging personality, coupled with her knack for organization, make her the perfect fit to curate a visually appealing Concession Space that offers delectable food offerings. Her unique blend of skills ensures that the Village can anticipate a delightful culinary experience that's as memorable as it is satisfying. In essence, our team's collective experience and expertise, coupled with our local community insight, position us to not only meet but exceed expectations as we embark on this exciting journey with the Concession Space. 138 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 d. Project Management and Special Services pertinent to this Solicitation; and Past Performance While Aguamiel's history does not encompass prior engagements in operating concession stands for government entities, our substantial experience in managing a thriving pop-up coffee shop within Key Biscayne is indicative of our capabilities and alignment with the tasks outlined in the Scope of Work. Although not directly executed for government entities, our track record is compelling evidence of our expertise in delivering services of a similar nature. Project Management Expertise: Our successful operation of a pop-up coffee shop underscores our adept project management capabilities. The effective coordination of staffing, supply management, customer service, and quality control showcases our capacity to handle multifaceted tasks, a core element of project management. Special Services and Community Impact: Aguamiel's special services extend beyond conventional measures. We've earned a reputation as a community cornerstone, fostering an inviting environment where individuals gather, interact, and experience the essence of community life. Our commitment to community engagement, coupled with our culinary excellence, stands as a testament to our special services that go beyond just managing the Concession Space and fulfilling orders. Past Performance and Community References: While our engagements haven't been with government entities, our references within the community substantiate our ability to deliver exceptional services. The accolades and loyalty of our patrons, businesses, and individuals alike, stand as a testament to our commitment to excellence and our positive impact on the Key Biscayne community. These references, while not tied to government contracts, reflect our dedication to service quality and community integration. In conclusion, while our past performance may not directly align with government entities, our robust experience in operating a successful pop-up coffee shop within the Village underscores our ability to manage complex tasks and deliver services that resonate with the community. We firmly believe that our track record, though not in the context of government contracts, attests to our qualifications and readiness to exceed expectations within the parameters of the solicitation. [CONTINUED ON FOLLOWING PAGE] 139 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 2. Service Team & Resume a. Anticipated Organizational Chart Strategic Advisor: In addition to our core team, Aguamiel benefits from the guidance of an unpaid advisor who provides valuable insights on a non-employee, non-owner basis, as of the date of this Proposal's submission. This advisor offers general support and advisory services pertaining to various aspects of our business operations, financial matters, and corporate considerations, whenever required. Advisor's Background: With a background in accounting, investment banking, and private equity investing, our advisor brings a wealth of practical knowledge to our family-run small business. Notably, this individual was previously a licensed Certified Public Accountant in the state of Pennsylvania. They also hold positions as a Board Director for a private company serving federal government agencies, and serves as a Board Observer for multiple other private entities. Strategic Insight and Risk Management: Our advisor's strategic insights empower us to make informed decisions. Their broad industry experience is a valuable resource, helping us navigate uncertainties and effectively manage risks that may arise in our business journey. In critical situations, our advisor's involvement underscores our dedication to prudent decision-making. Their contributions instill confidence in our ability to navigate dynamic business landscapes, ultimately making us more reliable partners to the Village and the broader Key Biscayne community. Should you require additional details about this individual, we are prepared to provide further information. David Suarez Co-Founder (Full-Time) Manager, Head Barista & Village Liason Aby Gomez Co-Founder (Full-Time) Manager & Head Baker Barista / Cashier Part-Time ~20 hours per week Barista / Cashier Part-Time ~20 hours per week Barista / Cashier Part-Time ~20 hours per week 140 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 b. Detailed Descriptions of Role & Responsibilities David Suarez, serving as Manager & Head Barista on a full-time basis for Aguamiel, will continue to lead with excellence. David's primary role involves overseeing staff, managing inventory, and crafting exceptional food and beverages for customers. As Head Barista and Manager, David's responsibilities include: • Supervising day-to-day Concession Space operations. • Ensuring seamless shift management and staff training. • Delivering top-tier customer service and maintaining strong relationships with stakeholders. • Coordinating orders, managing inventory, and maintaining equipment. • Setting standards, training junior staff, and upholding hygiene standards. • Facilitating efficient operations and positive customer experiences. • Engaging in cash and card transactions, holding the team accountable. Aby Gomez, as Head Baker and Manager, will collaboratively manage Aguamiel's operations with David. Her focus includes on-site food preparation, menu updates, cashier services, and bulk food preparation. As Head Baker and Manager, Aby’s responsibilities include: • Collaborate with David in the management of Aguamiel's day-to-day operations. • Oversee on-site food preparation and ensure adherence to quality standards. • Play a key role in updating and refining the menu offerings. • Manage cashier services and transactions efficiently. • Supervise bulk food preparation to meet demand and maintain inventory. • Uphold impeccable hygiene and safety standards in food preparation. • Lead and guide junior staff in the baking process and cashier roles. • Ensure a clean and organized environment for customers. • Coordinate with suppliers to ensure timely and quality ingredient deliveries. • Support event services and contribute to their successful execution. • Maintain open communication with the team and provide regular updates to David. • Implement strategies for efficient bakery operations and customer satisfaction. • Assist in creating a welcoming atmosphere and exceptional customer experiences. Aby's expertise as Head Baker and Manager will contribute to the seamless operation of the Concession Space, ensuring that both the culinary offerings and overall customer experience are of the highest quality. As Barista / Cashiers, these employee’s responsibilities will include: • Crafting and serving coffee, teas, and food items. • Collaborating with fellow Baristas to fulfill orders promptly. • Ensuring a clean and satisfactory customer experience. • Engaging with customers in a personable and service-oriented manner. • Handling transactions and mastering diverse recipes. • Upholding company values and following safety guidelines. • Providing exceptional coffee expertise and customer service. • Supporting event services and execution. 141 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 It's important to note that while Aguamiel's operational history primarily involves the co- founders, David and Aby, they've identified potential candidates for the Barista / Cashier roles. This ensures a smooth transition to a more structured operational model. In the absence of staff, David and Aby will shoulder responsibilities, ensuring seamless service delivery. Moreover, as Aguamiel transitions from its pop-up format, offering consistent schedules will attract skilled candidates from the industry. David and Aby are well-prepared to oversee operations and fill any gaps to guarantee service continuity. In summary, the family duo of David and Aby will ensure the Concession Space's success, delivering excellence to the Village and Aguamiel’s valued customers. c. Relevant Experience of Each Team Member Please refer to Section 1a, 1b, and 1c for information regarding the relevant experience of David and Aby, and Aguamiel generally. d. Approach to Providing Services to the Village Aguamiel's ownership, led by David and Aby, will wholeheartedly dedicate themselves to the seamless management of the Concession Space on a full-time basis. Their unwavering commitment is underscored by the Concession Space being their exclusive business location and source of employment. Flexibility is a cornerstone of Aguamiel's approach. The team is wholeheartedly open to aligning with the Village's preferences, understanding that the Village's best interest is paramount. Aguamiel is entirely adaptable regarding the format, frequency, and type of communication and meetings. To ensure comprehensive accessibility, Aguamiel will make itself available for meetings with the Village or Community Center staff during all business hours. Formally, Aguamiel proposes the option of structured interactions through weekly, monthly, and quarterly meetings. However, the ultimate frequency will be dictated by the Village's requirements and preferences. The management of the Concession Space is more than a business venture to Aguamiel; it's a cherished relationship with the Key Biscayne community. With a sense of familial devotion, David and Aby approach their responsibilities with utmost seriousness. This resonates in their willingness to engage with the Village as often as necessary to ensure complete satisfaction and a harmonious partnership. In essence, Aguamiel's approach is rooted in commitment, flexibility, and a profound dedication to the well-being of the Key Biscayne community. This pledge to service excellence ensures that the Village's expectations are not just met but exceeded. 3. Personnel Plan a. Operating Plan & Organizational Chart Please see section 2a for the anticipated organizational chart. Aguamiel's operational hours for the Concession Space are thoughtfully designed to accommodate the community's needs and are expected to be as follows: Monday through Thursday: 7:30am to 7:00pm 142 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Friday through Sunday: 9:00am to 6:00pm Our commitment to ensuring a seamless experience starts before the doors open and extends after they close. Our dedicated staff will be on-site 30 minutes before the official opening time, diligently preparing the Concession Space to provide exceptional service. Similarly, we recognize the importance of maintaining a pristine environment, which is why we allocate an additional 30 minutes after closing each day for thorough cleaning. Moreover, our dedication to hygiene and presentation is unwavering. We anticipate occasional instances where we'll invest extra time outside of regular operational hours for a comprehensive "deep clean." This reflects our commitment to providing a space that's not only welcoming but consistently pristine for our valued customers. Our anticipated staffing levels and the weekly schedule for the Concession Space is as follows: ROLE MON TUES WED THURS FRI SAT SUN DAVID SUAREZ MANAGER, HEAD BARISTA, COMMUNITY LIASION 7AM – 3PM 7AM – 3PM 7AM – 3PM 7AM – 3PM 8:30AM – 6:30PM 8:30AM – 6:30PM OFF ROXABY GOMEZ MANAGER, HEAD BAKER, BARISTA/CASHIER 9AM – 1PM & 3PM – 7:30 9AM – 1PM / 3PM – 7:30 9AM – 1PM / 3PM – 7:30 9AM – 1PM / 3PM – 7:30 9AM – 1PM / 3PM – 6:30PM 8:30AM – 6:30PM OFF EMPLOYEE #3 BARISTA/CASHIER 1PM – 7:30PM OFF 1PM – 7:30 OFF OFF 10AM – 3PM OFF EMPLOYEE #4 BARISTA/CASHIER OFF 1PM – 7:30PM OFF OFF OFF 10AM – 3 PM 8:30AM – 6:30PM EMPLOYEE #5 BARISTA/CASHIER OFF OFF OFF 1PM – 7:30PM 1PM – 6:30PM OFF 8:30AM – 6:30PM Aguamiel’s intention is to always have at least two employees on site to manage the Concession Space, and may adjust staffing levels depending on levels of foot traffic based upon sales data and seasonal trends. Other factors that Aguamiel will use to monitor and / or adjust staffing levels is included below: • Monitor Foot Traffic: Continuously track foot traffic during both peak (i.e. winter months) and slow seasons, identifying season-specific patterns and trends. • Sales Projections: Use historical data and seasonality insights to project staffing needs for upcoming seasons, adjusting accordingly. • Feedback and Complaints: Pay attention to customer and Village feedback and address any disparities in service quality during peak and slow seasons. • Special Events: Anticipate special events or local festivals that may impact foot traffic and adjust staffing levels accordingly. • Flexibility: Design adaptable schedules that can accommodate staffing variations during different seasons. • Regular Review: Conduct frequent staffing reviews on a no less than monthly basis, especially during transitions between peak and slow seasons, making necessary adjustments in real time. 143 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Aguamiel believes that accounting for the seasonality of foot traffic is crucial in ensuring that the Concession Space remains adequately staffed to meet customer demands while managing operational costs. By monitoring trends and consistently adjusting staffing levels, the Concession Space will be able to provide excellent service regardless of the season. Aguamiel anticipates that they may need to add additional part-time staff during peak seasons or at peak times during the week and will adjust the above schedule accordingly once the data supports additional staff needs. b. Data to Support Staffing Levels Aguamiel has constructed the aforementioned schedule based on a comparable daily activity level to what we presently experience while operating at the Key Biscayne Farmer’s Market. To date, our pop-up shop has successfully managed foot traffic using solely David and Aby's management. During heightened seasons, such as winter, we have occasionally enlisted one or two part-time staff members. Given our increased operational frequency and more consistent hours, we anticipate a requirement for two to three additional part- time resources to effectively run the Concession Space. For managerial roles, specifically Managers, Head Baristas, and Head Bakers, we do not foresee an immediate need for additional hires. These positions are deemed as full-time roles, with David and Aby poised to continue fulfilling these responsibilities. We remain open to reassessment should foot traffic indications warrant a reevaluation of our managerial needs. For prospective candidates in these roles, we seek individuals with prior managerial experience in coffee shops or similar settings, complemented by at least two years of barista or baking experience, respectively. As the emphasis of this response is on the Cashier / Barista positions, our criteria for candidates include: • Strong customer service skills and a friendly demeanor. • Proficiency in both Spanish and English languages (preferred but not mandatory). • Enthusiasm for coffee and willingness to learn about different brewing methods. • Ability to handle cash transactions accurately and efficiently. • Collaborative and adaptable attitude for effective teamwork. • Quick learning ability to grasp menu items and coffee preparation. • Attention to detail in recipe execution and order accuracy. • Understanding of hygiene and food safety guidelines. • Flexibility to work weekends, evenings, and adapt to changing schedules. • Problem-solving skills to address minor customer concerns. • Positive attitude and the ability to maintain composure under pressure. We will actively encourage applications from individuals within the Key Biscayne community, further fostering community bonds. We also extend our welcome to college students and high school seniors, valuing the enriching perspectives and skills they bring. Proficiency in both Spanish and English is a plus, enhancing our ability to effectively cater to our diverse customer base. c. Managerial Positions Assigned to Village Members Aguamiel is currently not anticipating the presence of any managerial positions held by Village members. However, we are entirely open to considering any collaborative arrangements that align with the preferences and requirements of the Village. Should the 144 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Village express interest in maintaining roles and responsibilities within the Concession Space operations, Aguamiel is fully prepared to accommodate such an arrangement. David Suarez, in his role as Village Liaison, will serve as the primary contact person for the Village. He will be readily available to address any matters pertinent to the Village, ensuring seamless communication and cooperation. The extent and nature of this liaison role can be tailored to the Village's needs, and we are committed to maintaining a productive partnership that contributes to the overall success of the Concession Space. d. Detailed Description of Role & Responsibilities Manager Role and Responsibilities: • Strategic Planning: Collaborate with fellow owners and managers to develop long-term business strategies, goals, and growth plans. • Operational Oversight: Oversee Aguamiel's day-to-day operations, ensuring efficient service, adherence to policies, and exceptional customer experiences. • Staff Coordination: Coordinate scheduling, shifts, and staffing levels to optimize customer service and manage employee workload. • Financial Management: Assist in budget development, monitor expenses, and contribute to financial decisions aimed at profitability and sustainability. • Customer Relations: Interact with customers, address concerns, and gather feedback to continuously improve services and offerings. • Vendor Relationships: Maintain relationships with suppliers, negotiate contracts, and ensure timely deliveries of goods. • Training and Development: Facilitate training programs for staff, focusing on customer service, product knowledge, and maintaining a positive work environment. Head Barista Role and Responsibilities: • Leadership and Team Management: Lead by example, setting high standards for professionalism, customer service, and coffee preparation techniques. Motivate and guide the barista team to achieve exceptional performance. • Quality Control: Ensure the consistent quality of all beverages by closely monitoring preparation methods and flavor profiles. • Menu Expertise: Have an in-depth understanding of Aguamiel's menu offerings, including coffee beans, brewing methods, flavor profiles, and seasonal specials. • Training and Development: Train new baristas on coffee brewing techniques, drink preparation, customer service, and adherence to health and safety standards. • Workflow Optimization: Create efficient workflows for the barista team, ensuring smooth operations during busy hours and minimizing customer wait times. • Equipment Maintenance: Oversee the maintenance and cleanliness of coffee machines, grinders, and other equipment, ensuring optimal functionality. • Customer Interaction: Engage with customers, offering recommendations, sharing coffee knowledge, and ensuring each customer receives a memorable experience. 145 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 • Inventory Management: Collaborate with Managers to track coffee bean inventory, restock supplies as needed, and communicate with suppliers. • Menu Development: Collaborate with the Head Baker and management to create coffee-based drinks that complement the bakery offerings and reflect seasonal trends. • Creative Initiatives: Introduce creative and innovative coffee-related initiatives, such as specialty drink menus, tasting events, and educational workshops. • Quality Improvement: Continuously seek ways to improve quality, presentation, and customer satisfaction, incorporating feedback from customers and staff. • Quality Assurance: Conduct periodic taste tests and quality checks on beverages, ensuring they consistently meet Aguamiel's standards. Head Baker Role and Responsibilities: • Menu Development: Create and update the bakery menu, incorporating a variety of baked goods that align with Aguamiel's theme and customer preferences. • Baking Operations: Oversee all aspects of the bakery operations, including recipe development, ingredient sourcing, and production scheduling. • Quality Control: Ensure the consistent quality, taste, and presentation of baked goods through meticulous attention to detail and adherence to recipes. • Inventory Management: Monitor ingredient inventory levels, place orders, and maintain a well-organized stock to support production needs. • Staff Management: Supervise and train other staff, providing guidance on baking techniques, safety protocols, and maintaining a positive work environment. • Hygiene and Safety: Implement and enforce hygiene and food safety standards in accordance with local regulations, ensuring a clean and safe bakery environment. • Creativity and Innovation: Continuously innovate by experimenting with new recipes, seasonal specialties, and unique offerings to keep customers engaged. Community Liaison Role and Responsibilities: • Community Engagement: Foster strong connections between Aguamiel and the local community by actively engaging with residents, community groups, and businesses. • Relationship Building: Build and maintain positive relationships with Village leaders, organizations, and influencers to strengthen Aguamiel's presence and reputation. • Event Coordination: Plan and participate in community events, workshops, and gatherings hosted by or involving Aguamiel, encouraging community members to participate and connect. • Community Partnerships: Identify collaboration opportunities with other businesses, artisans, or organizations in the village to create mutually beneficial partnerships. • Feedback Gathering: Act as a bridge between Aguamiel and the Village and community, collecting feedback, suggestions, and insights to continuously improve offerings and services. 146 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 • Local Sourcing: Work with local suppliers and artisans to incorporate locally sourced products, ingredients, and goods into Aguamiel's menu and retail offerings. • Charitable Initiatives: Identify and support local charitable or community projects that align with Aguamiel's values and contribute positively to the village. • Cultural Awareness: Stay attuned to the village's cultural events, traditions, and customs, ensuring Aguamiel's activities are respectful and inclusive. • Marketing Collaborations: Collaborate with the marketing team to develop campaigns, promotions, and messaging that resonate with the community's values and interests. • Information Hub: Be a source of information for community members, providing updates on coffee shop events, special promotions, and local news. • Storytelling: Share stories and anecdotes about Aguamiel's connection to the community through various communication channels, fostering a sense of belonging. • Social Responsibility: Promote Aguamiel's commitment to social responsibility and sustainability efforts, such as waste reduction and environmental initiatives, within the community. Cashier / Barista Role and Responsibilities: • Customer Service: Greet customers warmly, take orders accurately, and provide exceptional service while maintaining a friendly and welcoming atmosphere. • Cash Handling: Operate the cash register accurately, process payments, provide change, and ensure all transactions are handled securely. • Order Preparation: Prepare and serve coffee, tea, and other beverages according to Aguamiel's standards, ensuring consistency in taste and presentation. • Menu Knowledge: Familiarize yourself with Aguamiel's menu items, including ingredients, flavors, and options, to assist customers effectively. • Food Handling: Handle bakery items, pastries, and snacks safely and hygienically, packaging and presenting them attractively to customers. • Cleanliness and Organization: Keep the cashier and barista stations clean, organized, and stocked with supplies to maintain smooth operations. • Order Enhancement: Suggest additional items or ways to improve orders to customers, enhancing their experience and contributing to sales growth and the financial stability of Aguamiel. Advisor’s Role: The Advisor will provide, from time to time, on an as needed basis, the following: • Strategic Guidance: Provide expert insights and strategic direction to Aguamiel's owners and management, leveraging business acumen and experience. • Financial Guidance: Review financial statements, budgets, and performance metrics to offer recommendations to Aguamiel owners to improve financial efficiency and sustainability. 147 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 • Business Planning: Assist in developing and refining Aguamiel's business plan, including growth strategies, financial projections, and risk assessment. • Investment Guidance: Offer advice on capital allocation and financial decisions to help Aguamiel maximize its resources. • Operational Efficiency: Analyze operational processes, identifying areas for optimization and cost reduction while maintaining quality. • Performance Metrics: Help to define key performance indicators (KPIs) to monitor Aguamiel's progress, providing regular assessments and suggesting corrective actions. • Risk Management: Identify potential risks and vulnerabilities in Aguamiel's operations, offering recommendations to mitigate and manage them. • Networking Opportunities: Leverage professional network to connect Aguamiel with potential partners, suppliers, investors, or industry experts. • Financial Forecasting: Assist in creating accurate financial forecasts and scenarios to guide decision-making and planning. • Market Insights: Share business trends, customer preferences, and competitive analysis to help Aguamiel stay relevant and responsive to changing market dynamics. • Governance and Compliance: Help Aguamiel adhere to legal and regulatory requirements, offering guidance on various matters and identifying any red flags. • Succession Planning: Advise on succession planning and the development of leadership capabilities within Aguamiel. • Conflict Resolution: Act as a neutral third-party advisor in resolving conflicts or disagreements that may arise within Aguamiel. • Education and Mentorship: Offer educational sessions and mentorship to Aguamiel's owners and team members, enhancing their understanding of business principles and financial management. • Long-Term Vision: Collaborate with Aguamiel's leadership to define a long-term vision and goals, guiding the organization towards sustained growth and success. • Note that the Advisor is not an employee, owner, or receiving any form of consideration from Aguamiel, but is a long-time customer that wants to see Aguamiel succeed. Advisor may consider future investment in Aguamiel should any needs arise, but is not obligated to do so and has not committed any funding to the organization. e. Employee Policies & Procedures 1. Equal Employment Opportunity (EEO) Policy: Our Concession Space is committed to providing equal employment opportunities to all individuals, regardless of race, color, religion, gender, sexual orientation, national origin, age, or disability. We strictly prohibit discrimination in all aspects of employment, including hiring, promotion, and termination. 2. Recruitment and Hiring Process: When hiring for open positions, we will advertise jobs through word of mouth and post job listings on relevant job boards. Candidates will be evaluated based on their skills, 148 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 experience, and alignment with our Concession Space's values. Interviews will be conducted with David Suarez and Aby Gomez. 3. Promotion and Career Advancement: Promotions will be considered based on an employee's skills, performance, attitude, and length of service. Those interested in a promotion should express their interest to David Suarez and provide evidence of their suitability for the new role. 4. Performance Evaluation and Feedback: Performance evaluations will be conducted quarterly. David and Aby will provide feedback on job performance, discuss strengths and areas for improvement, and set goals for the upcoming year. 5. Compensation and Payroll: Employees will be paid on a bi-weekly basis and raises may be given based on job performance and length of service. Any changes in compensation will be communicated in writing. 6. Termination and Resignation: In case of resignation, employees should provide at least two weeks' notice. Termination may occur due to performance issues, policy violations, or economic reasons. Final pay and any accrued benefits will be processed according to local labor laws. 7. Code of Conduct: Employees are expected to treat customers and fellow team members with respect and professionalism. Honesty, punctuality, and a positive attitude are fundamental to maintaining a positive work environment. 8. Anti-Harassment and Anti-Discrimination Policy: We are committed to providing a workplace free from harassment and discrimination. Any instances of harassment or discrimination should be reported immediately to a supervisor or the owner. Investigations will be conducted promptly and discreetly. 9. Work Hours, Attendance, and Punctuality: Employees are expected to arrive punctually for scheduled shifts. Any lateness or absence should be communicated to a supervisor at least one hour before the start of the shift. 10. Dress Code and Appearance: A neat and tidy appearance is essential. Employees should wear clean and appropriate clothing, closed-toe shoes, and minimal accessories that don't interfere with hygiene or safety. Aguamiel uniforms will be provided and are expected to be worn to each shift 11. Employee Benefits and Leaves: Paid time off (PTO) is available for full-time employees and can be used for vacation, sick days, and personal reasons. 12. Health and Safety: Employees should follow health and safety guidelines to maintain a clean and safe environment. If an accident occurs, employees should report it immediately to a supervisor. 149 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 13. Confidentiality and Data Security: Employees must maintain the confidentiality of customer information, recipes, and business processes. Personal devices should not be used for work-related tasks to ensure data security. 14. Social Media and Online Conduct: Employees should avoid posting negative or confidential information about the Concession Space on social media. Positive interactions online that reflect well on our business are encouraged. 15. Communication Guidelines: Effective communication ensures smooth operations. Email should be used for official communication, and in-person meetings or the designated communication app for day-to- day interactions. 16. Use of Company Equipment and Resources: Company equipment should be used only for work-related tasks. Any Wi-Fi passwords and point-of-sale access should not be shared with non-employees. 17. Conflict of Interest: Employees should avoid situations where personal interests conflict with the interests of the Concession Space. Any potential conflicts should be disclosed to David Suarez. 18. Whistleblower and Reporting Misconduct: If an employee observes unethical behavior, they should report it to David Suarez or Aby Gomez. Retaliation against whistleblowers will not be tolerated. 19. Training and Development: Opportunities for barista training and professional development will be offered. Interested employees can discuss their training needs with David Suarez. Sexual Harassment Policy Statement: Our Concession Space is committed to maintaining a workplace that is free from all forms of sexual harassment. We adhere to a strict zero-tolerance policy towards any behavior that constitutes sexual harassment. All employees, customers, vendors, and anyone associated with our Concession Space are expected to treat each other with respect and dignity. Definition of Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or any other verbal, non-verbal, or physical conduct of a sexual nature that interferes with an individual's work performance, creates a hostile or intimidating work environment, or affects an individual's employment opportunities. Reporting Procedure: Any employee who believes they have experienced or witnessed sexual harassment is encouraged to report the incident promptly. Reports can be made to a supervisor, manager, or directly to David Suarez or Aby Gomez. If the accused is a supervisor or manager, reports can be made to the next level of management or the Village. 150 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Investigation Process: Upon receipt of a report, the Concession Space will initiate a thorough and impartial investigation. The investigation will be conducted discreetly and with respect to the privacy of all parties involved. The Concession Space will take appropriate action to address the situation and prevent further instances of harassment. No Retaliation: The Concession Space strictly prohibits retaliation against anyone who reports or participates in an investigation of sexual harassment. Retaliation is a violation of this policy and will result in disciplinary action, up to and including termination. Consequences of Violation: Any individual found to have engaged in sexual harassment will be subject to disciplinary action, which may include verbal counseling, written warnings, suspension, or termination, based on the severity and frequency of the conduct. Prevention and Training: Our Concession Space is committed to preventing sexual harassment through ongoing education and awareness. All employees will receive training on recognizing, preventing, and addressing sexual harassment during their orientation and periodically thereafter. Confidentiality: The Concession Space will make every effort to keep all information regarding sexual harassment complaints confidential to the extent permitted by law. However, complete confidentiality cannot be guaranteed during an investigation, as the Concession Space has a duty to address and resolve the matter. Conclusion: Our Concession Space is dedicated to fostering a safe and respectful work environment for all employees. We encourage open communication and collaboration in maintaining a workplace free from sexual harassment. This policy applies to all individuals associated with our Concession Space and will be enforced consistently and fairly. f. Capacity for Hiring and Developing Personnel As Aguamiel grows and has a full-time, permanent location at the Concession Space, it will have ample capacity to add additional employees to support the overall operations of our small business. We look forward to adding to our family business and better serving the Key Biscayne community. Hiring Philosophy: At Aguamiel, we believe that our team members are at the heart of our success. We are committed to hiring individuals who share our passion for coffee, customer service, and creating a welcoming atmosphere for our patrons within Key Biscayne. Recruitment Process: When recruiting new team members, we focus on identifying candidates who align with our values of family and community, exhibit a strong work ethic, show enthusiasm, and a willingness to learn. We will advertise open positions within our network, on our social media pages, and local job boards, and we may also consider referrals from existing employees. 151 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Initial Training Programs: For every new team member, we offer comprehensive initial training to ensure a smooth integration into the Aguamiel family. This training covers various aspects, including: • Beverage preparation techniques • Menu familiarity • Customer service best practices • Point-of-sale system operation • Health and safety guidelines • Company policies and values Ongoing Training and Development: We believe in fostering continuous growth among our team members. As part of this commitment, we offer ongoing training programs designed to enhance skills and provide opportunities for advancement. These programs include: • Barista workshops to refine coffee-making skills • Customer service seminars to improve guest interactions • Leadership development for those aspiring to management roles • Specialty coffee education to expand knowledge of different beans and brewing methods Cross-Training Opportunities: We encourage cross-training among our team members to provide a well-rounded experience. Team members have the chance to learn and work in various roles within the coffee shop, such as front-of-house, kitchen, and inventory management. This approach not only broadens skill sets but also promotes a sense of camaraderie among the team. David Suarez and Aby Gomez want Aguamiel to be a top destination for talent and will go the extra mile to provide opportunities for their employees. Performance Reviews: To support personal and professional growth, we conduct quarterly performance reviews. These reviews provide an opportunity for open dialogue about strengths, areas for improvement, and career aspirations. We use the feedback gathered to tailor training plans and offer guidance on career development. Supporting Advancement: We are proud to promote from within whenever possible. Team members who demonstrate exceptional skills, commitment, and leadership qualities have the opportunity to advance to higher roles within the Aguamiel organization as we grow. Investment in Employee Success: At Aguamiel, we view our investment in employee training and development as an investment in the overall success of our family-owned business. We provide a nurturing environment where team members can learn, grow, and contribute to the exceptional experience we offer to Key Biscayne. g. Methods to Maintain Satisfactory Performance Levels Aguamiel uses the following philosophy to maintain strong customer service levels: 152 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 Methods for Assuring Satisfactory Performance •We communicate job responsibilities and performance expectations clearly to all employees, ensuring everyone understands their roles. •Aguamiel strives to provide consistent and constructive feedback through regular performance evaluations and one-on-one meetings. •Aguamiel collaboratively sets performance goals for employees that are specific, measurable, achievable, relevant, and time-bound (SMART). •We intend to offer ongoing training opportunities to enhance skills and keep up with industry trends, improving overall performance. •We are quick to recognize and appreciate employees for their achievements and hard work through verbal praise, certificates, or public acknowledgments. •Our intention is to rotate tasks for our employees periodically to prevent monotony, increase engagement, and develop well-rounded skills. •We maintain open communication channels so employees can voice concerns, seek clarification, and contribute ideas. •We look forward to hosting organized team-building events to foster camaraderie, boost morale, and strengthen teamwork. We would also intend to have these open to the Village and members of the Community Center so they can be a part of the Aguamiel family! •We will pair our newer employees with either David and / or Aby to provide guidance and encouragement. •If performance falls below expectations, we intend to offer support through structured improvement plans to help employees get back on track. Incentive and Reward Programs: •We will recognize outstanding performance by naming an "Employee of the Month.” •We will look to provide top-performing employees with the opportunity to choose preferred shifts. •We may, from time to time, reward employees with vouchers they can use to enjoy coffee, food, or merchandise at our shop. •We plan to host team lunches, dinners, or outings to celebrate achievements collectively. •We plan to organize special events, such as an annual appreciation party, where employees are recognized for their contributions. •We may, from time to time, provide gift cards to other Key Biscayne small business restaurants or stores as a token of appreciation. •We will seek to outline potential career paths within Aguamiel to show employees how their hard work can lead to advancement as the company grows. 153 Exhibit B Exhibit B DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260 EXHIBIT “C” CONCESSION LOCATION The Concession is located with the Key Biscayne Community Center located at 95 West McIntyre St. Key Biscayne, Florida on the first floor of the Community Center adjacent to the front desk. Exhibit C Exhibit C DocuSign Envelope ID: 0F109D59-764E-4BAF-A0EF-CCC6FA667260