Reso 2010-1643 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH AGREEMENT WITH TOBY'S CONCESSION SERVICE, INC. FOR CONCESSIONAIRE SERVICES FOR THE PELICAN PARK CONTRACT NO. CIOII-009 THIS CONTRACTOR AGREEMENT made and entered into this l ~t1I day of t-1o~~ 2010 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and TOBY'S CONCESSION SERVICES, INC., a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Contractor"). WHEREAS, the City wishes to employ Contractor to operate concessionaire services for the Pelican Community Park located at 18115 North Bay Road ("Services"); and WHEREAS, the Contractor is qualified, willing and able to provide the desired Services on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Contractor shall perform the required services in compliance with the terms and conditions specified in Attachment "A" which are incorporated herein. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to property and persons to the concession stand area located at Pelican Park. 3. PAYMENTS TO THE CITY. In consideration for the terms of this Agreement, the Contractor shall pay the City ten percent (l 0%) of the concessionaire's gross fees from sales received by the Contractor. Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City shall be sent to the City no later than the tenth (loth) day of each month. Payments received from the tenth (10th) of each month to the twenty fifth (25th) of each month shall be considered delinquent and shall be assessed a ten percent (l0%) penalty. Payments received after the twenty fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment due date shall be sufficient cause for the City to terminate this Agreement. Upon each monthly payment to the City, Contractor shall provide the City with an accounting, certified as to its accuracy by a representative of Contractor, showing the sales upon which such payment is based. Contractor agrees upon request of City to make available to the City and their authorized employees and agents the Contractor's books, accounts, records, reports, files and other papers, pertaining to purchases and sales under this Agreement. r ' ;.