HomeMy WebLinkAboutR-03-0842J-03-666
07/23/03
RESOLUTION NO. 03- 842
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO APPROVE
THE FINDINGS OF THE EVALUATION COMMITTEE THAT
PURSUANT TO REQUEST FOR PROPOSAL
NO. 02-03-136 THE MOST QUALIFIED FIRMS TO
PROVIDE CONCESSION SERVICES AT THE ORANGE
BOWL STADIUM ARE, IN RANK ORDER: (1) BOSTON
CONCESSION SERVICES, TOP-RANKED FIRM,
(2) LEVY RESTAURANTS, SECOND -RANKED FIRM AND
(3) SPORTSERVICE CORPORATION, THIRD -RANKED
FIRM; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
BOSTON CONCESSION SERVICES, THE TOP-RANKED
FIRM, FOR A THREE-YEAR PERIOD, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL
TWO-YEAR PERIODS; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH
THE SECOND -RANKED FIRM, AND THIRD -RANKED
FIRMS, RESPECTIVELY, UNTIL A SUCCESSFUL
CONTRACT IS NEGOTIATED IN THE EVENT
NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM;
DIRECTING THAT THE NEGOTIATED AGREEMENT BE
PRESENTED TO THE CITY COMMISSION FOR
CONSIDERATION.
WHEREAS, Request for Proposal ("RFP") No. 02-03-136 was
issued to secure Concession Services for the City of Miami's
("City") Orange Bowl Stadium, on a contract basis, for the
Department of Conferences, Conventions, and Public Facilities;
and
CITY COMMISSION
MEETING OF
J11 !_ 2 4 2003
Resolution No.
03- 842
WHEREAS, twenty-one (21) solicitations were mailed, and four
(4) Proposals were received and evaluated by the Evaluation
Committee; and
WHEREAS, the Committee met, evaluated, and recommended
negotiating a contract with Boston Concession Group, the
top-ranked firm, for a three-year period, with the option to
extend for two (2) additional two-year periods; and
WHEREAS, the Committee further recommended that should
negotiations fail with the top-ranked firm, the City shall
negotiate a contract with Levy Restaurants, the second -ranked
firm and SportService Corporation, the third -ranked firm,
respectively, until a successful contract is negotiated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The recommendation of the City Manager to
approve the findings of the Evaluation Committee pursuant to RFP
No. 02-03-136, that the most qualified firms to provide
concession services at the Orange Bowl Stadium are, in rank
order: (1) Boston Concession Group, the top-ranked firm, (2) Levy
Page 2 of 4
03-- 842
Restaurants, the second -ranked firm, and (3) Sportservice
Corporation, the third -ranked firm is accepted.
Section 3. The City Manager is authorizedil to negotiate
a Professional Services Agreement ("Agreement"), in substantially
the attached form, with Boston Concession Services, the
top-ranked firm, for a three-year period, with the option to
extend for two (2) additional two-year periods.
Section 4. The City Manager is further authorizedll to
negotiate with Levy Restaurants, the second -ranked firm and
Sportservices Corporation, the third -ranked firm, respectively,
until a contract is successfully negotiated in the event
negotiations fail with the top-ranked firm.
Section 5. The City Manager is directed to present the
negotiated Agreement to the City Commission for consideration.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4 0J 3- 842
PASSED AND ADOPTED this 24th day of July , 2003.
ATTEST:
PRISCILLA A. HOM ON
CITY CLERK
PREPARED_JeT'ZFgRM P�CORRECTNESS:e�,
LARELLO
ATTORNEY
W7410:tr:AS:BSS
Page 4 of 4 03- 842
42
CONCESSION AGREEMENT
between
CITY OF MIAMI
and
BOSTON CONCESSIONS GROUP, INC.
dated
, 2003
03- 842
CONCESSION AGREEMENT
THIS AGREEMENT made and entered into this day of ,
2003, by and between the City of Miami, Florida, a municipal corporation of the State of Florida,
(hereinafter referred to as "City"), and Boston Concessions Group, Inc., a corporation duly
organized and existing according to the laws of the State of Wisconsin and having an usual place of
business at 111 Sixth Street, Cambridge, Massachusetts (hereinafter referred to as
"Concessionaire").
RECITALS
WHEREAS, the City has issued a Request for Proposals ("RFP") for the operation of the food,
beverages and related services and other authorized concessions at the Miami Orange Bowl (the
"Facility"); and
WHEREAS, Concessionaire submitted its proposal ("Proposal') which has been selected as the
most qualified proposal for the provision of the concessions. The RFP and the Proposal are
sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference
incorporated into and made a part Athis Agreement.
WHEREAS, the Commission of the City of Miami, by Resolution No. - , adopted
on , 2003, approved the selection of Concessionaire and authorized the City r
Manager to execute a contract, under the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and of the terms, covenants and conditions
hereinafter contained to be kept and performed by the respective parties, it is agreed as follows:
I
DEFINITIONS
A. "Location" means the Orange Bowl Stadium, located at 1501 Northwest P Street, Miami,
Florida 33125.
B. "Concessions" means the sale of Concession Products (hereinafter defined) in the
Concession Areas (hereinafter defined) to patrons of events at the Location, and all
operations necessarily incidental to such sale in accordance with the provisions of this
Agreement.
C. "Concession Areas" means all food and refreshment stands and vending areas in he interior
of the Location and in the area between the exterior of the Orange Bowl Stadium structure
and the green picket fence surrounding the structure. "Concession Areas" does not mean the
Press Boxes, tenant office spaces, City's office space, City's operations spaces, Athletic Club,
or any adjacent areas outside the confines of the Location.
D. "Concession Products" means all food, beverages (alcoholic and nonalcoholic), candy, and
similar products, as well as Approved Novelties (hereinafter defined) which the City directs
03-- 842
or allows the Concessionaire to sell to patrons of events in the Concession Areas pursuant to
this Agreement.
E. ' "Manager" means the Miami Orange Bowl Stadium Manager or his/her designee, or any
other person designated by the City in writing.
F. "Novelties" means music tapes, CD's, videotapes, T-shirts, caps, pennants, jackets,
programs, souvenir books or other printed matter of like nature, and the sale of said
Novelties is outside the scope of this Agreement. Concessionaire shall not sell any
Novelties, other than Approved Novelties (hereinafter defined), unless specifically
authorized by the City.
G. "Approved Novelties" means specific novelty items that do not pertain to any specific
event, activity, program or User of the Location (as hereinafter defined) which the City has
approved in writing, for sale by the Concessionaire in the Concession Areas.
H. "User" means any person or persons, group or groups, other than the City, who use any or
all portions of the Location, for the purpose of conducting entertainment, sporting or other
events and/or activities.
's
I. "Gross Receipts" means all moneys paid or payable to the City for sales made or services
rendered at or from the concessions, or from any other source related directly or indirectly to
the concessions, including catering and merchandising revenues ("Merchandising
Revenues", and revenues from Subcontractor Items (hereinafter defined), whether collected
or uncollected, for cash or for credit. Gross receipts includes all moneys from any temporary
and permanent concession stands and sales by concessionaire's employees or any others
acting on behalf of concessionaire, whether made from temporary or permanent stands, or to
customers in the seating areas or concourse areas by Concessionaire's employees or others
acting on behalf of concessionaire. These individuals are sometimes referred to as
Concessionaires, traveling concessionaires, hawkers or hustlers, whether collected or
uncollected, for cash or credit, provided however, that any sales taxes imposed by local or
federal law which are separate to, and paid by, purchaser of any item sold by the
concessionaire or any other authorized service or activity of the concessionaire and directly
payable to a taxing authority shall be excluded from the computation of "Cross Receipts."
Gross Receipts shall be computed prior to any deduction for "spoilage" or "shortage."
Inventory disappearances or shrinkage's up to a maximum of one percent (1°l0) of gross
receipts are excluded from the "gross receipts" provided, that any such inventory
disappearances or shrinkage's must be immediately reported to the City. Gross Receipts
also includes all amounts received by the Concessionaire from sales made by subcontractors
approved by the City. Gross receipts shall be maintained for accounting purposes in a
segregated account acceptable to the City, which shall be with a bank located within the City
of Miami, Florida.
J. "Subcontracted Items" means those individuals hired by the Concessionaire to sell
Subcontracted Items which have been authorized by the City, in writing, to be sold or
provided by an approved subcontractor.
03- 842
H.
LICENSE GRANTED
The City hereby grants to the Concessionaire the exclusive right and privilege to operate the
Concessions in the Concession Areas in accordance with the terms and provisions set forth herein.
The license herein granted is also referred to herein as the "Concession".
The Concession hereby granted shall apply to all events conducted at the Location during the term
of this Agreement. The City agrees that, upon leasing, licensing or granting the use of the Location
to Users, it will not grant any rights for Concession Products to any User other than as herein
excepted.
The Concession herein granted also grants the Concessionaire the right to subcontract the sale or
service of some Concession Products, provided that the items to be subcontracted, as well as the
identity subcontractor shall first be approved by the City in writing. In the event that Concessionaire
elects to subcontract some of the services hereunder, Concessionaire agrees that it shall be fully
responsible for the subcontractor's performance hereunder. The City retains the right to reject a
proposed subcontractor or the number of subcontractors, in its sole discretion.
. I
III
TERM
The term of this Agreement shall be for an initial term of three (3) years commencing on the date
hereof. The City shall have the option to extend the term for an additional two (2) two (2) year
periods, upon the same terms and conditions contained herein, by giving Concessionaire at least r
ninety (90) days prior written notice.
IV
CONSIDERATION
The Concessionaire shall pay to the City, in consideration for the concessions privileges herein
granted, a percentage of Gross Receipts, as indicated herein, or a minimum annual guarantee as
follows: $950,000 for each University of Miami 6 game season or $1,115,000 for each University of
Miami 7 game season (the "Guarantee'); whichever is greater. The following percentages of Gross
Receipts shall be paid to the City on the fifteenth (15th) day of each month for sales during the
preceding month:
Concession Food and Beverage 42.0%
Alcoholic Beverages 50.0%
Merchandising 25.0%
Subcontracted Items 60.0%
03- 842
On the fifteenth (15th) day of each month, together with the payment of City's compensation,
Concessionaire shall deliver to the City a report of gross receipts for the preceding month, in such
form as is acceptable to the City, detailing each source of sale and such additional information as the
City may reasonably require. Concessionaire shall also submit to the City, simultaneously with the
monthly gross receipt reports, a copy of the monthly State of Florida prescribed Sales and Use Tax
return on an applicable Daily Inventory Report by sales location indicating the specific types of
products sold during the applicable period, including tobacco and alcoholic and nonalcoholic
beverages sales.
Not later than sixty (60) days after each anniversary date of this Agreement, Concessionaire shall
deliver to the City its annual audited financial statements, for the immediately preceding year,
together with a certification, showing the amount of gross receipts and sources of sales, prepared by
a certified public accountant, and certifying the amount of compensation due and/or paid to the City
in accordance with the provisions of this Section. In the event that the amount aid and/or due to the
City is less than the amount of the Guarantee, then the Concessionaire shall pay the difference to the
City within fifteen (15) days after delivery of the annual report. For purposes of this Agreement
each Agreement Year shall consist of a twelve (12) month period ending on each anniversary date of
this Agreement.
' V
ACCOUNTING AND FISCAL CONTROLS
Concessionaire shall provide, at its sole cost and expense, the services of an independent Certified
Public Accountant (CPA) who shall be responsible for the accounting and fiscal control of the
Concession, including, without limitation, daily inventory, sales records, and revenue reports. The
CPA shall be acceptable to the City. The CPA shall prepare all reports required hereunder.
Concessionaire shall make available to the City a daily opening and closing inventory of all
novelties and/or merchandise on a form approved by the City. Concessionaire shall keep a record of
gross sales of all concession goods and merchandise by category. The payment of State of Florida
Sales Tax on concession goods and merchandise is the sole responsibility of Concessionaire, and
such tax shall be included in the price of the goods and merchandise. Concessionaire shall allow the
City to inspect, check and/or inventory concession goods and merchandise, inspect the stands and
areas prior to opening, both during the operation or after the close of the concession. At the
conclusion of each Game or event, Concessionaire shall submit a report to the City detailing gross
concession sales by category, applicable taxes and payment due the City.
V1
MAINTENANCE
The Concessionaire shall repair and maintain, at his own cost and expense, all Concession
equipment and furnishings according to reasonable standards acceptable to the City. At the
expiration of this Agreement, Concessionaire shall leave the Concession Areas in at least the same
condition, as they were at commencement of this Agreement, normal wear and- tear excepted.
Further, the Concessionaire will furnish, at its own cost and expense, all expendable equipment
necessary to the successful operation of the Concessions and shall replace at its own expense any
03- 812
equipment provided under the Agreement which has been destroyed, damaged, or become
inoperable due to normal wear and tear, with like equipment. The City will maintain the below
ground level connection lines for water and sewer utilities during the term of this Agreement.
Concessionaire will furnish and maintain all fire equipment in all concession stands and
commissaries as required by the City of Miami Fire Department.
The City shall not be responsible for any goods, merchandise or equipment stored at the location;
nor, will it be responsible for damage resulting from a power failure, hurricane, tornado, flood, fire,
explosion and/or other causes. All storage of concession products and equipment must be in
locations designated by Concessionaire, and Concessionaire shall not maintain, keep or erect any
structure or equipment or make any alterations or additions to the location without the City's prior
express written permission.
The City shall provide all electricity, gas and other utilities, except that utility connections required
for improvements to the Concession Areas installed by Concessionaire shall be the financial
responsibility the Concessionaire:
The City and the Concessionaire agree that prior to the beginning of each Agreement Year, a
representative of the parties hereto shall inspect the equipment used in the operation of the
Concessions, whether owned by the City or Concessionaire. Should the City reasonable determine
that an equipment is not merchant4ble or fit for its particular purpose as defined by the Uniform
Commercial Code, of that replacement is desirable or necessary to place said equipment in an
operable condition, then Concessionaire shall, at its sole cost and expense, provide such
replacements.
The Concessionaire shall provide, at his own expense, all garbage, trash, and rubbish receptacles
within the confines of its designated areas, and shall provide a sufficient number of these receptacles
for its own use and or the use of the public. Dumping of such receptacles and the removal of trash,
rubbish, and garbage from Concession Areas shall be the responsibility of the Concessionaire.
The Concessionaire shall provide its own janitorial services, and shall pick up, clean up and dispose
of all litter for all space assigned or used in its operations. The Concessionaire shall also clean and
keep Concession Areas free of debris before, during and after events.
The Concessionaire shall keep neat, clean and in a sanitary condition all premises including
production, storage, service, receiving areas and the surrounding areas used by it during the term of
the Agreement. Commissaries and Concession stands and related Concession Areas shall be
cleaned thoroughly each day during and after an event. Laws, ordinances and regulations of all
governmental bodies pertaining to the operation of food serving establishments shall apply and be
complied with the. Where Concessionaire is providing catering services to areas beyond his normal
operations (such as private parties or sales meetings in the Press Box or Athletic -Club), food and
debris in those areas shall be promptly disposed of after each catered type event, at the expense of
the Concessionaire. Waste foods and supplies shall be kept in closed metal or heavy plastic
containers until removed from the locations. Such removal shall be made during and after all
events. However, the City shall be responsible for the removal of debris in areas normally
considered public areas of the Location (e.g. seating areas, corridors, etc., except as provided
below).
03- 842
The Concessionaire shall be responsible for the entire area, except public seating areas and
restrooms, within a radius of twenty-five (25) feet of each stand, commissary and work area, and
such areas shall be kept clean and free from all rubbish, regardless of the width of any given
concourse.
The Concessionaire shall keep such twenty-five (25) foot radius of each stand and other Concession
Areas free and clear from all nuisances before, during and immediately after each event.
Concessionaire shall be responsible for the removal of all vendor's effects from the site within the
time mutually determined by the City and the Concessionaire. Any effects remaining in the site
beyond the time allowed for its removal shall be removed and stored by the City at Concessionaire's
sole cost and expense. The intent of this provision is to avoid slip -and -fall hazards. Repair for
damage done to floors, walls, windows or other property in said radius by reason of the operation of
said stand will be the responsibility of the Concessionaire. The Concessionaire must employ the
necessary personnel before, during and after the hours of any event to comply with these provisions.
The Concessionaire shall provide sufficient waste receptacles at each location and make certain that
they are kept clean and promptly serviced during and after each event.
The Concessionaire shall comply with and observe all federal, state and local laws, ordinance and
regulations as to sanitation and the purity of food and beverages or otherwise relating to its
operation under this Agreement.
The Concessionaire shall be responsible for arranging for pest control service to ensure
conformance with the State and county health codes. Concessionaire shall provide a copy of the
service agreement of the pest control firm that is retained to the City.
VII
CONCESSION STANDS
The Concessionaire shall ensure that all vendors furnish, equip and install their own concession
facility or stand (hereinafter "Stand") at the designated and approved locations. Each Stand shall be
attractive, sanitary, and fully self-contained and equipped for novelty sales, as authorized by the
Concessionaire and City. Utilities, maintenance, and security will not be provided by the City.
Stands may be mobile units brought onto the site, or if stationary, must be easily erected and broken
down. Size and location requirements for Stands are to be determined by the Concessionaire, subject
to City's approval and space limitations for specific locations and requisite items for the sale and the
price of each
VIII
PERSONNEL
The Concessionaire shall employ. train and supervise personnel with appropriate qualifications and
experience in sufficient numbers to provide all services appropriate for the operations of the
Concessions granted under this Agreement. The Concessionaire shall be deemed to represent and
warrant to the City that all personnel engaged in the provision of services hereunder is fully
qualified to perform such services. Concessionaire shall have a hiring practice regarding minorities
oa. 842
and women, which will ensure equity in the employment and utilization of same. Concessionaire
acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women )
Business Affairs Procurement Program Ordinance of the City of Miami, and agrees to comply with
all applicable substantive and procedural provisions therein, including any amendments thereto.
If Concessionaire subcontracts the sales operation of any concession area or stand to any nonprofit,
civic, and/or community group and/or individual for a specific event or event series, and such group
and/or individual is allowed or given a portion of sales receipts as compensation for said operations,
then Concessionaire will be required to effect a distribution of such opportunities and operations as
follows: seventeen percent (17%) each to Black, Hispanic and Women minorities. The specified
distribution shall be made by Concessionaire either on an event basis, where several stands or areas
are conveyed, or on an annual basis, whichever is applicable.
Concessionaire acknowledges that it has been furnished a copy of City of Miami Ordinance No.
10032, the First Source Hiring Ordinance, and shall comply with the applicable provisions including
any amendments thereto.
Concessionaire shall observe and shall ensure compliance with the following requirements at all
times:
(a) Services shall be rendered in a professional manner to all individuals regardless of
race, color, creed, age, sex, disability, marital status, or national origin.
(b) Employees shall at all times be neatly attired in clean uniforms and wear an
identification badge.
(c) All employees shall provide prudent, reasonable, and experienced judgment in the
servicing of alcoholic beverages to limit underage drinking.
(d) All employees of the Concessionaire involved in serving alcoholic beverages shall
have satisfactorily completed a recognized "Alcohol Awareness Program." Said program
shall be approved by the City.
(e) Concessionaire shall be responsible for training all food and beverage personnel.
Special attention shall be required to select staff that is personable, service-oriented, and
committed to the satisfactory service of the patrons of the Location.
(f) The Concessionaire and its employees will not distribute campaign or political
literature of any kind in the Location.
(g) Only those employees actually working at the Location shall be permitted by
Concessionaire into the Location at the time of event(s) without charge. The Manager has
the right to remove from the premises any employee observed at the Location during an
event at which they are not working nor having paid to attend said event.
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(h). Concessionaire's officers or employees shall not drink alcoholic beverages nor use
narcotic substances and neither shall be tolerated by the City.
(i) The Concessionaire shall not interfere with the free distribution of food or drinks or
any other items of any nature whatsoever where such distribution has been authorized by the
Manager.
0) An affirmative effort to employ a workforce representative of all aspects of the
Miami community shall be made by the Concessionaire to ensure minority representation to
the greatest extent possible.
(k) Shall provide any additional personnel requested by the City and the City may
require Concessionaire to remove from its employ any personnel deemed not to be in the
City's best interests.
(1) It is understood that Concessionaire, including its agents and employees, shall not be,
an agent or employee of the City, but shall be an independent contractor. It is further
understood that the Concessionaire shall be responsible for making, where required, all
payroll deductions and paying any and all income and other taxes as may be applicable and
necessary to its personnel. -_
Concessionaire shall use its best efforts not to employ any person who uses improper language or
who acts in a loud or boisterous manner. Employees shall be clean, courteous, efficient and
properly trained. The City shall have the right to require that undesirable practices be discontinued
or remedied.
Concessionaire's failure to act appropriately after notice from City may result in the termination of
this Agreement.
IX
MANAGEMENT / TRAINING PROGRAM
Concessionaire shall designate a management representative of the Concessionaire who shall serve
as the liaison between the City and the Concessionaire. Said manager shall remain on call on a 24-
hour basis during events at the Location should he/she need to be contacted by the City. In addition,
the City shall be provided with a telephone number and beeper where said individual can be reached
at all times, 24 hours per day, 7 days per week. It is expected said manager shall immediately
respond to any requests and/or concerns by the City within a maximum of 24 hours, or immediately
on the day of event.
Regular on-site scheduled and unscheduled visits shall be made by corporate representatives of
Concessionaire to ensure adherence to all requirements of this Agreement and the specifications
within the Solicitation Documents, and to determine whether there are any deficiencies as
determined by the City that need to be addressed.
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The manager of Concessionaire and the Manager shall consult from time to time with reference to
the operations of Concessionaire to review such operations to provide concession services in a
proper manner for persons attending the Location. Additionally, prior to an event, the Director and
the manager of Concessionaire shall meet to discuss the concessions operational requirements for
the particular event.
Concessionaire shall additionally develop a Total Quality Management System and provide a
formalized training program for all of its employees. This training program shall be provided to the
City to ensure City satisfaction with the depth and scope of the training being offered to employees
of Concessionaire.
X
FOOD QUALITY AND PRICING
Concessionaire shall provide the highest quality of both food and beverage products to the patrons
of the Location, and the City reserves the right to determine, in good faith, where a particular
product or ingredient complies with the aforementioned standard. Further, the City reserves the
right to approve the quality of menus and prices to be offered by Concessionaire. Food and
beverages sold in the Location shall be at prices competitive to other stadiums or arenas in the South
Florida area. The Concessionaire s&ll not charge prices more than is standard in the industry in the
area.
The City agrees, in good faith to review, and reserved the right to accept or reject all prices and price
changes requested by the Concessionaire on a yearly basis during the term of this Agreement. Any
requests for price increases after the first year shall be considered only if such increases are based on
added value, increased services, or directly linked to the cost of products sold. The City shall be
provided with all information regarding the price increase request, and no increase shall be effective
unless and until it has been first approved, in writing, by the City. During all events, signs should be
posted at each Concession Area advertising the prices of all items offered for sale.
Menu prices shall include all applicable sales taxes.
All meat and bread products offered by Concessionaire shall be fresh, except for meat products
which must be frozen. Concessionaire shall provide to the City a listing of those meat products that
should be frozen instead of fresh. Meat and bread products not sold at the event for which they were
delivered shall not be re -used or re -offered for sale at any subsequent event in the Location, unless
the event occurs within one (1) month of the previous event and are still determined to be fresh.
Concessionaire shall abide by, and be responsible for compliance with, all Department of Heath
guidelines and regulations.
Alcoholic beverages may be sold in those specific instances for which the City provides permission
to sell in writing.
All perishable food shall be packaged, dated, and replaced with fresh products by Concessionaire. It
shall be the obligation of Concessionaire to use adequate dating procedures to insure compliance
with this requirement and such dating procedures, including any proposed changes, shall be made
03- 842
known and acceptable to the City. Labeling of all items, including perishable foods, shall comply
with all USDA and FDA regulations, qualifications, including regulations regarding packaging,
labeling, ingredient listing and standards.
The City shall have free access to any and all records of recipe or production sheets, product
specifications, and vendor invoices for food and beverages to be sold by Concessionaire, to
determine compliance with this Section.
Concessionaire agrees to use Branded Products whenever requested by the City and will use its best
business efforts in securing rights of current University of Miami sponsors. Concessionaire agrees
that it will ensure that the City remains in compliance with all requirements of any existing
agreement, and further agrees to comply with any other such agreement the City may enter into
during the term of this Agreement.
All products listed on the menu board for sale consumption at any event must be available for sale
in sufficient quantities to meet expected demands at each event.
Concessionaire agrees that it shall not subcontract the sale of any of the following items: soda, hot
dogs, sausage sandwiches, hambu-gers, candy, popcorn, and potato chips. Subcontracting with a
specific vendor for additional items must be agreed upon in advance and in writing by the City.
The Concessionaire shall not sell food, beverages, or any other merchandise in glass containers, or
'= in such other containers that may pose a risk or hazard to the safety of the customers, participants or
spectators in the Location
The Concessionaire shall, at its sole cost and expense, purchase, perform and provide all necessary
labor and services, and shall furnish, acquire, and provide all supplies, utensils, equipment,
materials, and services, including but not limited to, all food, food stuffs, beverages, containers,
condiments, which are, necessary or desirable to operate the concessions in a manner that will
effectively accommodate the needs of the patrons.
Should any scheduled event be canceled, the City shall not be liable for losses of the Concessionaire
for sales, spoilage, or any other cause arising from the cancellation of such event.
The number, size, wording, location, and method of installing advertising signs shall be subject to
the written approval of the Manager.
The Concessionaire shall not use or permit product brand identification on markets, cups, trays, or
advertising displays in the Location without the expressed prior approval of theManager, but such
product brand identifications will be encouraged if there is a benefit to the City as determined by the
City.
The use of the Concessionaire's logo in association with the Location name of logo must be
approved in advance by the Manager.
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M
LIQUOR, BEER OR WINE CONCESSIONS
The type of event at which liquor, beer, and/or wine may be sold shall be designated by the City.
The final decision as to when, where, if, and which types of alcoholic beverages may be sold is at
the sole discretion of the City, It is agreed and understood that there shall be no adjustment of the
percentage payment to be paid by the Concessionaire should the City restrict or prohibit the sale of
alcoholic beverages at certain events.
Liquor sales shall be confined to the areas of the Location designated and approved by the City and
by the licenses held by the Concessionaire for the sale of liquor. The privilege to sell alcoholic
beverages shall be subject to the provision of all laws of the State of Florida, City, and County of
Dade, applicable to the sale of liquor, wine, and beer. The Concessionaire shall be responsible for
obtaining and maintaining throughout the term of this Agreement all necessary licenses for the sale
of such beverages, and shall pay all fees and costs incurred for such licenses.
Concessionaire represents and warrants to the City that it currently possesses all necessary licenses
to provide the food and beverage concessions, and specifically the sale of beer and liquor. The
Concessionaire shall comply with and observe all the laws and regulations governing the serving of
such liquors. Violation of this provision shall give the City the right to terminate this Agreement
without notice. Service of such liquors will be the exclusive right of the Concessionaire, except for
service in the Athletic Club and Press Boxes.
The City may prohibit the sale of beer before, during, or after any event, including but not limited to"��
high school football and or at a specific point in time during the event, when City deems it proper to
do so. This right of prohibition shall not be unreasonably applied and the City, to the extent
possible, shall notify Concessionaire in writing at least one (1) week in advance of the date of any
event at which this right of prohibition is to be exercised by the City. Notwithstanding the
foregoing, in such cases:
(a) Beer may be provided or dispensed at receptions or social gatherings held in those
areas of the stadium specifically designated by the City, including but not limited to, the
press box structure, and the area designated as the Athletic Club located above Gate 14.
(b) A reception or social gathering at which beer is served may not last more than a
specified time designated by City. In this regard, receptions or social gatherings at which
alcoholic beverages are served may take place at events determined by the City.
(c) Refreshments, including beer, may be served at receptions or social gatherings in the
designated areas, provided there shall be no charge for such refreshments and that no one
leaving such designated area may carry any beer from such designated area into any other
part of the stadium. No other areas, except those specifically designated by the City under
this subsection, shall be allowed for the dispensation of beer by City when the conditions of
this subsection apply.
03- 842
Beer shall be sold at concession stands and vended in the grandstands, but can only be served to
customers in a paper or light plastic cups filled from either cans or from other first quality
commercial equipment for dispensing cold beer and plastic bottles. Prices for the sale of beer shall
not exceed those prices exceeding industry standards for comparable beer. The Concessionaire shall
make any additions, improvements, and alterations incident to the sale of beer; and the prior written
approval for such additions, improvement, and alterations must be obtained from City before any
such work is undertaken.
XII
LICENSES AND TAXES
The Concessionaire shall pay for and obtain all licenses and permits necessary for the operation of
said business, including those required for the on -premise sale of liquor, beer and wine.
Concessionaire represents and warrants that it currently has, and at all times during the term hereof
shall maintain, all licenses and permit required for the full and proper performance of this
Agreement.
The Concessionaire specifically agrees to conform to the terms and provisions of the applicable
Retailers Occupational Tax Law and to pay to the State of Florida, promptly when due, all taxes
assessed against the Concessionaire or the City by the State of Florida. Concessionaire agrees to
include the State Sales Tax in all" the advertised prices. Concessionaire further agrees to pay
promptly all taxes imposed in connection with its performance under this Agreement.
The Concessionaire shall pay all social security, unemployment insurance, old age retirement and
:t other federal and state taxes which are measured by the wages, salaries or other remuneration paid
to persons employed by Concessionaire.
XIII
HOURS/DAYS OF OPERATION
Unless otherwise agreed to by the City, the Concessionaire must have the Concessions open and in
operation at any and all events from the time the gates are opened until at least one-half hour after
each function is held. Concessionaire must also provide refreshment services at the request of the
Manager. Furthermore, Concessionaire shall keep the Concessions open during the hours as may be
reasonably required to adequately meet public demand and the needs of the City.
XIV
CAPITAL DIPROVEMENTS
The City shall provide at no charge, and Concessionaire hereby accepts, in an "as is" condition, all
food service equipment and facilities presently on the premises.
Every year, and as often as the City and/or Concessionaire deem it necessary, Concessionaire shall
seal and paint floors, walls, replace expendable equipment such as condiment jars, napkin holders,
and other such concessionaire items.
03- 842
Further, the Concessionaire shall provide, at its sole cost and expense, an amount of not less than
$420,100.00 for equipment, fixtures, and improvements to the Concession Areas. At least eighty
percent (80%) of the capital improvements required shall be purchased and made during the first
two (2) years of the term hereof. The location, type, price and installation of the improvements shall
be agreed upon by City in advance and in writing prior to any improvement made. Should the
Concessionaire not obtain the City's prior written approval, the City reserves the right to accept
such improvement but not accept it as being in compliance with this requirement. Within one
hundred (120) calendar days following completion of improvements, including equipment and
decor, the Concessionaire shall provide to the City a list of improvements, including the date of
installation, type of improvement, and its costs on an item by item basis. Such information and/or
list shall be verified by the City and maintained as a record by both parties. All improvements shall
be made in accordance with all requirements of all applicable codes and regulations established by
the City, County, State, and Federal jurisdictions.
In addition to the foregoing, Concessionaire shall install, at its sole cost and expense, all cash
registers at each Concession Area.
Concessionaire shall, at no cost to the City, develop or have developed, plans and specifications for
all construction to be performed and installed under the direction of, and certified by, licensed
professionals such as architects, 1kndscape architects, structural engineers, electrical engineers,
mechanical engineers, and others as applicable and appropriate, based on construction project
elements. Concessionaire shall provide the City with a schedule of final construction plans and loswk
phasing of actual construction. Any changes in the plans and specifications must be approved by;
the City. The approval of the plans and specifications or any changes therein shall not be
unreasonable withheld.
Concessionaire shall secure all necessary permits, licenses, and taxes for the construction of
improvements hereunder, including but not limited to, permits an any utility connection fees, if
required. Concessionaire agrees also that any and all building permits, and any other necessary
approvals, including approval of the Manager, shall be obtained prior to the commencement of each
applicable component of construction.
Concessionaire understands and agrees that all phases of construction and installation shall be
subject to complete inspection and approval by the Manager and the City's Public Works
Department. The City shall have the right to have present, at any time during the construction
period, an inspector who shall have the right of access to the premises and the construction work.
The Concessionaire shall not proceed with subsequent phases of construction until the prior phases
of construction have been inspected and approved by the Manager and the Public Works
Department.
The Concessionaire shall design, provide, and install all furnishings, fixtures, trade fixtures,
equipment, finishes, and signage necessary to operate the Concession as a first-class concession.
The minimum capital investment shall not include financial costs, interest, inventory, pre -opening
expenses, or intra -company charges related to construction.
XV
03- 842
PORTABLE CARTS
Portable carts may be allowed within the Location upon the approval by the Manager. The type of
Concession Products offered, and location and number of said carts, shall be approved by the City in
advance of any sales. Additionally, the City has the right to restrict or limit the number of carts, the
food/beverages sold therein, and the types of carts to be utilized. Approval to place a cart(s) for the
sale of any item(s) must receive prior approval from the Manager.
XVI
INDEMNIFICATION
Concessionaire shall indemnify, defend and hold harmless the City and its officials, employees and
agents (collectively referred to as "Indemnities' and each of them from and against all loss, costs,
penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively
referred to as "Liabilities') by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection with (i) the
performance or non-performance of the services contemplated by this Agreement which is or is
alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of Concessionaire or its employees, agents or subcontractors
(collectively referred to as "Concessionaire"), regardless of whether it is, or is alleged to be, caused
in whole or part (whether joint, concurrent or contributing) by any act, omission, default or
negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the
= Concessionaire to comply with any of the paragraphs herein or the failure of the Concessionaire to
conform to statutes, ordinances or other regulations or requirements of any governmental authority,
federal or state, in connection with the performance of this Agreement. Concessionaire expressly
agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all
liabilities which may be asserted by an employee or former employee of Concessionaire, or any of
its subcontractors, as provided above, for which the Concessionaire's liability to such employee or
former employee would otherwise be limited to payments under state Workers' Compensation or
similar laws.
Concessionaire further agrees to indemnify, defend and hold harmless the Indemnities from and
against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order,
rule, regulation, condition, or requirement, in any way related, directly or indirectly, to
Concessionaire's performance hereunder, compliance with which is left by this Agreement to the
Concessionaire, and (ii) any and all claims, liens and/or suits for labor and materials fiunished by
the Concessionaire or utilized in the performance of this contract or otherwise.
Where not specifically prohibited by law, Concessionaire further specifically agrees to indemnify,
defend and hold harmless the Indemnities from all claims and suits for any liability, including, but
not limited to, injury, death, or damage to any person or property whatsoever, caused by, arising
from, incident to, connected with or growing out of the performance or non-performance of this
Agreement which is, or is alleged to be, caused in part (whether joint, concurrent or contributing) or
in whole by any act, omission, default, or negligence (whether active or passive) of the Indemnities.
The foregoing indemnity shall also include liability imposed by any doctrine of strict liability.
03- 842
XVII
INSURANCE
The Concessionaire shall take out, pay for, and at all times during the term of this Agreement
maintain, such public, contingent (where applicable, professional malpractice) and employer's
liability insurance as will satisfy the foregoing indemnity requirements of the Agreement and protect
Concessionaire and the City from claims under Workers' Compensation and other employee benefit
acts (the "Insurance"). The insurance shall include Comprehensive General Liability and property
and damage, including automobile, products completed operations and broad form contractual
covering liability assumed by the Concessionaire under this Agreement. The insurance shall: (i)
include the City as an additional insured; (ii) be primary insurance written on an occurrence basis to
the full limits of liability hereinafter stated, and should the City have other valid insurance, the
City's insurance shall be excess insurance only; (iii) include a waiver of subrogation against the
City, its officers, agents and employees, (iv) include a severability clause substantially in the
following form:
"The insurance afforded applies separately to each insured against whom claim is
made or suit is brought, but the inclusion hereunder of more than one insured shall
not operate to increase the limits of the insurance carrier's liability. The inclusion
of any person or organization. as an insured shall not affect any right that such
person/organization would have as a claimant if not so included," and
(iv) contain an endorsement substantially stating::
"Cancellation or expiration of the policy to which this endorsement is attached
shall not become effective until after thirty (30) days advance written notice has
been delivered to the City.
Attention: Orange Bowl Stadium Manager
at: 1501 N.W. 3rd Street
Miami, Florida 33125
cc: Risk Management Administrator
444 S.W. 2nd Avenue
Miami, Florida 33130
Without limitation of the requirements set forth in this Section, Concessionaire shall maintain
insurance with coverage and minimal limits of liability as follows:
(1) Workers' Compensation and Employer's Liability providing statutory coverage
under the Workers' Compensation and Occupational Disease Laws of the state where
operations are being performed under this Contract; and Employer's Liability coverage
with limits of $ [at least $100,000 suggested] bodily injury per accident
and $ [at least $300,000 suggested] annual aggregate bodily injury.
03- 842
If Concessionaire fails to comply with any term or condition of this Agreement, or fails to perform
any of its obligations hereunder, then Concessionaire shall be in default. Upon the occurrence of a
default hereunder, the City, in addition to all remedies available to it by law, shall have the
following options, and its choice of any option shall in no way waive its right to select any other
option at any time:
(a) The City may give Concessionaire written notice of such default. If the
Concessionaire does not cure said default within thirty (30) days, in the event of a non -monetary
default, and within seven (7) days in the event of a monetary default, after written notice thereof is
given to Concessionaire, then the City may terminate this Agreement, assume the operation of the
Concession, and exclude the Concessionaire from the premises, and/or the City may recover at law
any and all claims which may be due the City and/or
(b) The City may perform such work as it deems necessary to cure said default and
charge the Concessionaire for the full cost of labor and materials expended.
Concessionaire understands and agrees that termination of this Agreement under this Section shall
not release Concessionaire from any obligations accruing prior to the effective date of termination.
In the event the City defaults in 'Vie performance of any of the provisions of this Agreement,
Concessionaire may give the City written notice of such default. If the City fails to cure said default
within thirty (30) days after written notice was given, or make reasonable progress to cure said
°a default, then Concessionaire may terminate this Agreement.
Notwithstanding the foregoing, Concessionaire understands and agrees that all disputes between
Concessionaire and the City based upon an alleged violation of the terms of this Agreement by the
City shall be submitted to the City Manager for his/her resolution, prior to Concessionaire being
entitled to seek judicial relief in connection therewith. In the event that the amount of compensation
hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the
City Commission. Concessionaire shall not be entitled to seek judicial relief unless: (i) it has first
received City Manager's written decision, approved by the City Commission if the amount of
compensation hereunder exceeds $4,500, or (ii) a period of sixty (60) days has expired, after
submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting
documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii)
City has waived compliance with the procedure set forth in this section by written instruments,
signed by the City Manager.
XIX
CITY'S TERNUNATION RIGHTS
The City shall have the right to terminate this Agreement, in the event of a default, as described in
Section X above, or, if (a) the Stadium is sold; (b) events held at the Stadium are significantly
reduced, (c) the City decides to terminate or suspend the operations of the Stadium, or like events,
by giving written notice to Concessionaire at least ninety(90) days prior to the effective date of such
termination.
XIX
03— 842
ASSIGNMENT. SUBLEASE -)
Concessionaire shall not sublet, transfer, convey, assign nor permit the use of the rights, privileges
or premises granted under this Agreement in whole or in part to any other person, firm or
corporation without written consent of the City which consent may be withheld, in the City's sole
discretion.
XX
ABANDONMENT
If Concessionaire vacates or abandons its operations hereunder for a period of two (2) days, during
the term of this Agreement, then the City, at its option and without serving notice elsewhere
required in this Agreement, may: (a) take immediate possession thereof for the remainder of the
said term, and, at its discretion, re -advertise and solicit proposals for the provision of concession
services, with Concessionaire remaining liable for the payments of Guarantee, and for all other
obligations under this Agreement to the same extent as if said abandonment had not taken place; or
(b) cancel this Agreement, without prejudice to its rights and remedies under applicable laws.
XM
BUSINESS RECORDS
The Concessionaire shall maintain, in Dade County, Florida, complete and accurate books and
records reflecting its operations under this Agreement and these shall be open for inspection at
reasonable times during the term of this Agreement. The books and records shall include daily
sequentially renumbered receiving reports and supporting vendor documentation indicating
description and quantity of goods received: Daily cash register tapes to support cash collections and
copies of all other invoices issued by the Concessionaire for goods and services that are included in
"gross receipts." Photocopies of payment checks shall be attached to the invoices; where payment
has been made in cash, the person making payment to the Concessionaire shall sign the applicable
invoice acknowledging the amount paid.
Within three (3) working days after each event, Concessionaire shall submit to the City one event
statement of Gross Receipts and other supporting reports. Additionally, annual certified statement
of operations shall be submitted within sixty (60) days of the end of each twelve-month period of
this Agreement.
XIII
AUDIT AND INSPECTION RIGHTS
The City may, at reasonable times, and for a period of up to three (3) years following the date of
final payment by Concessionaire to the City under this Agreement, audit, or cause to be audited,
those books and records of Concessionaire which are related to Concessionaire's performance under
this Agreement. Concessionaire agrees to maintain all such books and records at its principal place
of business, in Dade County, Florida for a period of three (3) years after final payment is made
under this Agreement.
03- 842
The City may, at reasonable times during the term hereof, inspect Concessionaire's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods or
services required to be provided by Concessionaire under this Agreement conform to the terms
hereof and/or the terms of the Solicitation Documents, if applicable. Concessionaire shall make
available to the City all reasonable facilities and assistance to facilitate the performance of tests or
inspections by City representative
XMII
AWARD OF AGREEMENT
Concessionaire represents and warrants to the City that it has not employed or retained any person
or company employed by the City to solicit or secure this Agreement and that it has not offered to
pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any
kind contingent upon or in connection with, the award of this Agreement.
XMV
PUBLIC RECORDS
Concessionaire understands that the public shall have access, at all reasonable times, to all
documents and information pertaftft to City contracts, subject to the provisions of Chapter 119,
Florida Statutes, and agrees to allow access by the City and the public to all documents subject to
disclosure under applicable law. Concessionaire's failure or refusal to comply with the provisions
>' of this section shall result in the immediate cancellation of this Agreement by the City.
XX
COMPLIANCE WITH LAWS, REGULATIONS AND DIRECTIVES
Concessionaire understands that agreements between private entities and local governments are
subject to certain laws and regulations, including laws pertaining to public records, conflict of
interest, record keeping, etc. City and Concessionaire agree to comply with and observe all
applicable laws, codes and ordinances as the may be amended from time to time.
Concessionaire will use the subject premises for no purpose other than specified in this Agreement
and the business conducted thereunder will be operated in strict compliance with all laws of the
United States and the State of Florida, and with all health and fire codes and all applicable rules and
regulations issued pursuant to the said laws.
Concessionaire shall not permit the licensed premises, or any part thereof, to be used for any
unlawful or immoral purpose or in any manner as to injure persons or property in, or on, or near said
premises, and upon termination of this Agreement it shall deliver to the City the premises and
fixtures in as good condition and repair as the same shall be found at the beginning of the term,
subject to normal wear and tear. The City shall not require Concessionaire to perform unlawful acts
nor to perform acts which may be in violation of its union contract, if such a contract exists.
Concessionaire understands that the City reserves the right in its sole discretion to cancel, interrupt,
or terminate any performance, event, public or private gathering upon its premises, whether or not
03- 842
admission has been charged, and to dismiss the audience, or cause the same to be dismissed; and the
Concessionaire hereby agrees that it will not make or allow to be made against the City, any claim
for damages to the Concessionaire or other party arising out of any acts of the City, its officers,
agents, or employees, in the exercise of the City's discretion as aforesaid.
All areas which are open to the public shall be available for use and enjoyment by the public
without regard to race, color, creed, sex, age, national origin, marital status or handicap.
Concessionaire and its employees and agents shall be deemed to be independent contractors, and not
agents or employees of the City and shall not attain any rights or benefits under the Civil Service or
Pension Ordinances of the City, or any rights generally afforded classified or unclassified
employees; further they shall be entitled to the Florida Workers' Compensation benefits as
employees of the City.
XXVI
CONFLICT OF INTEREST
Concessionaire is aware of the conflict of interest laws of the City of Miami (Miami City Code
Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et. s . and of the
State of Florida as set forth in the FIbrida Statutes, and agrees that it will fully comply in all respects
with the terms of said laws. Concessionaire, in the performance of this Agreement, shall be subject
to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal,
state or local government.
XXVII
NONDISCRIMINATION
Concessionaire represents and warrants to the City that Concessionaire does not and will not engage
in discriminatory practices and that there shall be no discrimination in connection with
Concessionaire's performance under this Agreement on account of race, color, sex, religion, age,
handicap, marital status or national origin. Concessionaire further covenants that no otherwise
qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital
status or national origin, be excluded from participation in, be denied services, or be subject to
discrimination under any provision of this Agreement.
. XXVM
MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM
The City has established a Minority and Women Business Affairs and Procurement Program (the
"MIWBE Program") designed to increase the volume of City procurement and contracts with
Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No.
10062, a copy of which has been delivered to, and receipt of which is hereby acknowledged by,
Concessionaire. Concessionaire understands and agrees that the City shall have the right to
terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate
Concessionaire from consideration and participation in future City contracts if Concessionaire, in
the preparation and/or submission of the Proposal, submitted false of misleading information as to
03- 842
its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
XXIX
NOTICES
All notices or other communications required under this Agreement shall be in writing and shall be
given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to
the other party at the address indicated herein or to such other address as a party may designate by
notice given as herein provided. Notice shall be deemed given on the day on which personally
delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is
earlier.
TO PROVIDER: TO THE CITY:
•1•!
NUSCELLANEOUS PROVISIONS
A. This Agreement shall be construed and enforced according to the laws of the State of
=' =' Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties hereto.
No modification or amendment hereto shall be valid unless in writing and executed by property
authorized representatives of the parties hereto.
XXXI
SUCCESSORS AND ASSIGNS
03- 842
This Agreement shall be binding upon the parties hereto, their heirs, executors, legal
representatives, successors, or assigns.
ICI
INDEPENDENT CONTRACTOR
Concessionaire has been procured and is being engaged to provide services to the City as an
independent contractor, and not as an agent or employee of the City. Accordingly, Concessionaire
shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension
Ordinances of the City, nor any rights generally afforded classified or unclassified employees.
Concessionaire further understands that Florida Workers' Compensation benefits available to
employees of the City are not available to Concessionaire, and agrees to provide workers'
compensation insurance for any employee or agent of Concessionaire rendering services to the City
under this Agreement.
XXXIIII
CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued authorization
for program activities and the Agreement is subject to amendment or termination due to lack of
funds, reduction of funds and/or change in regulations, upon thirty (30) days notice.
L )OU
REAFFIRMATION OF REPRESENTATIONS
Provider hereby reaffirms all of the representations contained in the Solicitation Documents.
XXXV
ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and only agreement of the parties relating to
the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations, or representations not expressly
set forth or incorporated into this Agreement are of no force or effect.
MCC
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall constitute
an original but all of which, when taken together, shall constitute one and the'same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument- to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
03- 842
ATTEST:
Priscilla Thompson, City Clerk
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandor Vilarello
City Attorney
"Cit,!!
CITY OF MIAMI, a municipal
corporation
40
Joe Arriola, City Manager
"Concessionaire"
Boston Concession Group, Inc., Inc.,
a Wisconsin corporation
By:
Print Name:
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
Dianne Erickson
Risk Management Administrator
03- 842
TO:
HonorableMayor bers
of th ty Co ssion
FROM:
Joe A
Chief
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Merger
CA -1 1
DATE: J JL 16 2,003 FILE :
SUBJECT:
Recommendation for Award of
RFP #02-03-136: Concession Services
REFERENCES : for the Orange Bowl Stadium
ENCLOSURES:
RECOAUKEENDATION
It is respectfiilly recommended that the City Commission adopt the attached resolution
authorizing the City to negotiate and execute a contract, in substantially the attached form, with
Boston Concessions Group, the top-ranked firm, 55 Cambridge Parkway, Cambridge, Ma.
021142, a non-minority/non-local firm, to provide Concession Services for the Orange Bowl
Stadium, on behalf of the Department of Conferences, Conventions, and Public Facilities, for
three (3) years, with the option to extend for two (2) additional two (2) year periods.
BACKGROUND
The City of Miami issued an RFP to seek proposals from qualified and experienced firms to
provide concession services for the Orange Bowl Stadium. Pursuant to the RFP, twenty-one (21)
solicitations were mailed and available via the Internet. A Pre -Proposal conference was conducted
on May 30, 2003 at the Orange Bowl Stadium with potential proposers to discuss the City's
needs and the services to be provided.
A total of four (4) Proposals were received and evaluated by the Evaluation Committee. The
Committee met on two occasions, June 27, 2003 and July 1, 2003, at which time the Committee
heard oral presentations from the three (3) firms who were short-listed. Following discussion,
deliberation and evaluation, the Committee recommended Boston Concession Group as its top-
ranked firm. Should negotiations fail with Boston Concession Group, the Committee
recommended the City negotiate with Levy Restaurants and SportService Corporation, in rank
order, until a successful contract is negotiated.
Boston Concessions Group's (BCG) was recommend based on their extensive experience and
financial compensation plan to the City of Miami. BCG has agreed to pay the City a minimum
annual guarantee of $1,115,00 for seven UM football games or $950,000 for six UM football
games and to make a capital investment of $460,000. BCG proposes to substantially improve the
quality of the products and service at the Orange Bowl. Additionally, BCG plans to hire
employees from within the City of Miami. BCG is the concessionaire for Pro Player Stadium and
Office Depot Center.
-03- 842
Honorable Mayor and Members of the City Commission
Orange Bowl Concessionaire
Page #2
The City terminated the previous contract with the preceding provider, and is currently worlang
under a contract with Boston Concessions Group, Inc. for a period not to exceed three (3)
months through August, 2003, at which time it is anticipated a contract will be in place with
Boston Concessions Group through successful negotiations pursuant to this RFP process.
FISCAL EWPACT: None — Budgeted Item
4
JA/LH/CPA
03-- fl�2
ORANGE BOWL STADIUM - CONCESSION RFP FEE RESPONSE DATE: JULY 1, 2008
Sutlmtary Level Overview
LOW CASE
Management Fee Basis
Percentage Fes Basis
HIGH CASE
Management Fee Basis
Percentage Fee Bats
Guarantees
Concessionaire Investment
Boston
Sodexho
Sporeservlcs
nessi nn
coMVAI
Restaurants
LAmca.
Corporation
$1,228,290
11e02,W
WA
$719,100
4e% of Gross Sales
40% of Gross Sales
WA
41 % of Groes Sales
$1,269,000
$725,000
$1,057,772
$78e,000
47% of Gross Sales
96% of Gross Sobs
44% of Gross Sales
42% of Groes SWee
$1,30,785
49% of Gross Saba
$1,9571600
48% of Gross Sells
WA
WA
$1,942,800
48% of Gross Sales
$11990,000
$1,198,750
$1,109,940
$1,225,000
46% of Grose Sats
38% of Gross Sales
44% of Gross Sala
42% of Gross Sales
Percentage Fee Bala
11one
None
$700,000
$950,000 for a Games
Percentage Fee Basis
$1,116,000 for? Gama
Management Fa Bawls
$900,000 for a Games
$950,000 for 7 Games
$480,000
$500,000
SW,000 each year
- Paid bads as an
- Taken back through
Investment mode each
- Depredated over a
ailowabb expense
amorlutlon over 5
year toward equipment
36 -month term, then
over 9 ym
year period, with a
replacement and
becomes the Ckft
- Listed for Management
buyout for any
maintenance
property.
Fa Basle Only
unamortized value.
- Included M expenses
- Olfersd under both
- Available for both
Management Fes
Management Fee
Bale and Percentage
Sats and Percentage
Fee Sale,
Fa Bale.
(1) Numbers we based on Information provided by the City of Miami. Please refer to respondents actual proposals for verification of the
numbers summarized in this table.
(2) Guarantee numbers provided by concessionaires assume the current policy for sales of food and alcoholic beverages. Changes to the
weer that Sass issues aro handled could Impact the guarantee that aro offered by the selected concessionaire.
(9) Note that Boston Concessions Group is estimating an average of $700,000 more then the compaiRors for gross sales in to tow case.
a`•
ORANGE BOWL STADIUM - CONCESSION RFP FEE RESPONSE DATE: JULY 1, 2003
Projected Receipts Comparison Matrix
Low Scenario
OPERATING EXPENSES
Cost of Goods Sold - Concessions
Coat of Goods Sold - Other Sales
Insurance Cost
Repairs & Maintenance
Marketing Costs
Total Payroll Costs
Other Miscellaneous Expenses
Total Estimated Operating Expenses
$452,000
$20,800
$39,000
$4,500
$519,400
$312.000(2)
$1,347,700
$350,000
$17,500
$50,000
$35,000
$437,500
$162,500
$1,052,500
$376,250
$8,978
$75,978
$8,448
$515,149
$1,307,056
$2,291,881
$246,000
$125,000
$23,000
$25,000
$5,000
$350,000
$87,000
$861,000
NET OPERATING INCOME
Bostonli)
$980,000
Sodexho (3)
$889,000
Management Fee - Option
Concessions
Levy
America,
Sportservlce
Percent of Gross Sales
Group, Inc.
Restaurants
LLC
Corporation
OPERATING REVENUES
$900,000
N/A
N/A
N/A
Estimated Gross Revenue - Concessions
$2,500,000
$1,750,000
$2,150,000
$1,500,000
Estimated Gross Revenue - Restaurant Sales
$1,259,000
$725,000
$212,382
$738,000
Estimated Gross Revenue - Other Sales
Total Estimated Gross Revenue
$162.000
$2,862,000
$262,500
$2,012,500
$51300
$2,413,682
$250,000
$1,750,000
OPERATING EXPENSES
Cost of Goods Sold - Concessions
Coat of Goods Sold - Other Sales
Insurance Cost
Repairs & Maintenance
Marketing Costs
Total Payroll Costs
Other Miscellaneous Expenses
Total Estimated Operating Expenses
$452,000
$20,800
$39,000
$4,500
$519,400
$312.000(2)
$1,347,700
$350,000
$17,500
$50,000
$35,000
$437,500
$162,500
$1,052,500
$376,250
$8,978
$75,978
$8,448
$515,149
$1,307,056
$2,291,881
$246,000
$125,000
$23,000
$25,000
$5,000
$350,000
$87,000
$861,000
NET OPERATING INCOME
$1,314,300
$980,000
$121,821
$889,000
Management Fee - Option
$1,223,230
$802,500
N/A
$719,100
Percent of Gross Sales
46%
40%
N/A
41%
Guarantee - Six Game Season
$900,000
N/A
N/A
N/A
Guarantee - Seven Game Season
$950,000
N/A
WA
N/A
Percentage Fee - Option
$1,259,000
$725,000
$1,057,772
$738,000
Percent of Gross Sales
47%
36%
44%
42%
Guarantee - Sb(Game Season
$950,000
NIA
WA
$700,000
Guarantee - Seven Game Season
$1,115,000
NIA
WA
$700,000
(1) Boston Concessions Group is estimating an average of $700,000 more than the competitors for gross sales In the low case.
(2) Includes depredation of Investment over 36 month period
(3) Numbers provided for Percentage Fee Basis only
ORANGE BOWL STADIUM - CONCESSION RFP FEE RESPONSE
DATE: JULY 1, 2003
Projected Receipts Comparison Matrix
($32,649)
$1,582,000
Management Fee - Option
$1,348,785
High Scenario
N/A
$1,342,800
Percent of Gross Sales
46%
43%
Boston
Levy
(x)
So ��o
Sportservlce
N/A
Concessions
Restaurants
Guarantee - Seven Game Season
Corporation
NIA
Group, Inc.
NIA
LLC
$1,390,000
OPERATING REVENUES
$1,109,940
$1,225,000
Percent of Gross Sales
48%
Estimated Gross Revenue - Concessions
$2,705,000
$2,750,000
$2,275,000
$2,500,000
Estimated Gross Revenue - Restaurant Sales
WA
$700,000
$207,000
$1,115,000
Estimated Gross Revenue - Other Sales
$220,000
$412,500
$50,000
$400,000
Total Estimated Gross Revenue
$2,925,000
$3,182,500
$2,532,000
$2,900,000
OPERATING EXPENSES
Cost of Goods Sold - Concessions
Coat of Goods Sell - Other Sales
Insurance Cost
Repairs & Maintenance
Marketing Costs
Total Payroll Costa
Other Miscellaneous Expenses
Total Estimated Operating Expenses
$497,000
$23,100
$45,600
$5,300
$588,000
3337.0000)
1,476,000
$550,000
$27,500
$50,000
$55,000
$687,500
$212,500
$1,582,500
$398,125
$8,750
$125,320
$8,862
$580,949
$1,442,643
$2,584,649
$410,000
$200,000
$23,000
$35,000
$10,000
$518,000
$122,000
$1,318,000
NET OPERATING INCOME
$1,449,000
$1,580,000
($32,649)
$1,582,000
Management Fee - Option
$1,348,785
$1,357,500
N/A
$1,342,800
Percent of Gross Sales
46%
43%
WA
46%
Guarantee - Six Game Season
$900,000
N/A
WA
NIA
Guarantee - Seven Game Season
$950,000
NIA
NIA
NIA
Percentage Fee - Option
$1,390,000
$1,193,750
$1,109,940
$1,225,000
Percent of Gross Sales
48%
38%
44%
42%
Guarantee - Six Game Season
$950,000
N/A
WA
$700,000
Guarantee - Seven Game Season
$1,115,000
N/A
WA
$700,000
(1) Includes depreciation of Investment over 36 month period
(2) Numbers provided for Percentage Fee Basis only, Based on 7 game schedule, expenses are exceptionally high due
to the Incorporation of intital one time costs in the numbers for year 1.
JUL-17-2003 1107 CITY CLERKS OFFICE
MY OF b9AM FLORIDA
ILTION OF RFP NO. 0240-139
i Services for the Orange Bowl Stadium
305 858 1610 P,01/01
gator
I : NW DM AWafiC D
z: Cuoi CWW, Dire=
03; Stefoo TurM (!M
04: Christina Abrwa,% Di
# S: Lwi BMberry, Actiq
It & Scott SiMPson, Diree
Approved by: 4C
Dwa 7
ter, UWYe 2* Of ti
f Food & Beverages, Ryan Patel
sof Ver S po
tor, DePartmcnt ofConferencea, Convlentlons & Public Facilities
33isL Din, Dement 0fEaolaormie Devrloprnenr
OfFinanee
TOTAL P.01
03- 842
Romer 1 Rater Z $~1088 3 lhta 4 Hater 3 aster 6
Aval
,r._..,,�,.,.,.
..,•. ,I «.
h , h •• __
_.
,
. , _ 4444.._ _ . 4,444.,....
$o4fOn Conceaeian
., . , . . •
163-00
186 � 00
186-0 0
t o
1OiW
168.00
179.00
177.33
.-.
74
.
•,•~
LevyRestawmati .. _ ^..».y..
�M 146,00
159.00
159.00
162,00
161.00
1 O
U9.67
i
w�
LIT=
132.00
127.00
153-00
130.00
1.58"
ia3.17 3
�4
odesthQ S & Lldd&o Services
„ .• .l •
14A AOC 8'�YOtSi1f�'d •
1...
., r
,,4444 .-.. _
,. ,•.
.17 v1 .�'' l`f.'�+.i:•.. .«. •d.�.. .. t. 14,41 I:I,S':,�w'
�
�%I:u>iivY.Ll(d
s'•r•Craw
e ULA•
7;
�r�
IRI
I r�' �fidC
a� I . -- -
! •
--
gator
I : NW DM AWafiC D
z: Cuoi CWW, Dire=
03; Stefoo TurM (!M
04: Christina Abrwa,% Di
# S: Lwi BMberry, Actiq
It & Scott SiMPson, Diree
Approved by: 4C
Dwa 7
ter, UWYe 2* Of ti
f Food & Beverages, Ryan Patel
sof Ver S po
tor, DePartmcnt ofConferencea, Convlentlons & Public Facilities
33isL Din, Dement 0fEaolaormie Devrloprnenr
OfFinanee
TOTAL P.01
03- 842