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HomeMy WebLinkAboutR-89-1161J-H91167 12/14/89 RESOLUTION NO. 89—J G-1 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL OF PROFESSIONAL CONCESSIONS, INC., AS MODIFIED, FOR THE RIGHT TO OPERATE NOVELTY AND SOUVENIR MERCHANDISE CONCESSIONS FOR THE ANNUAL ORANGE BOWL CLASSIC FOOTBALL GAME AT THE ORANGE BOWL STADIUM FOR THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES ON A CONTRACT BASIS FOR FIVE (5) YEARS, WHICH PERIOD MAY BE EXTENDED BY THE CITY MANAGER FOR AN ADDITIONAL FIVE (5) YEAR PERIOD UNDER THE SAME PRICES, TERMS AND CONDITIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM AS MODIFIED, BETWEEN THE CITY OF MIAMI AND PROFESSIONAL CONCESSIONS, INC. FOR THIS PURPOSE; FURTHER DESIGNATING CERTAIN AREAS OF THE CITY ADJACENT TO THE ORANGE BOWL STADIUM WITHIN WHICH VENDORS LICENSES SHALL NOT BE APPLICABLE DURING SPECIFIED HOURS FOR THE ORANGE BOWL CLASSIC FOOTBALL GAMES HELD DURING THE TERM OF SAID AGREEMENT, PURSUANT TO SECTION 39-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the City controls all rights to concessions at the Orange Bowl Stadium; and WHEREAS, the sale of novelty and souvenir merchandise during appropriate events significantly adds to stadium enterprise revenues; and WHEREAS, merchandise concession revenue from last year's Orange Bowl Classic Football Game was in excess of $38,000; and WHEREAS, pursuant to public notice, sealed proposals were received November 29, 1989 for the right to operate authorized novelty and souvenir merchandise concessions at the Orange Bowl Stadium for. the annual Orange Bowl Classic Football Game on a contract basis for three years, beginning in December 1989 for the January 1, 1990 Classic, which period was extendable for an additional three years; and WHEREAS, invitations were mailed to nineteen (19) potential suppliers and one (1) proposal was received; and WHEREAS, Professional Concessions, Inc., with a successful record of performance with the City for six.ilar concessio} operations, submitted the only proposal, which has been determined to be qualified, responsive and responsible; and WHEREAS, said proposer offered to pay the City a minimum guarantee of $32,500 against 40.5% of gross receipts from such concession sales for each game; and WHEREAS, said proposer will provide adequate staff, supervision, cleanup, insurance and an independent audit to the City's satisfaction, and will operate only in designated locations within the stadium property; and WHEREAS, the City will retain the right to approve specific items offered for sale to the public, and all merchandise must be licensed and/or approved by the National Collegiate Athletic Association and/or the Orange Bowl Committee, as applicable; and WHEREAS, revenue from these operations will be used by the Department of Parks, Recreation and Public Facilities for the ongoing operation and improvements to the Orange Bowl Stadium; and WHEREAS, pursuant to the direction of the City Commission, Professional Concessions, Inc. has modified its proposal to provide consideration to the City as follows: $32,500 minimum guarantee -against 42.1% of gross sales receipts; and WHEREAS, additional modifications to the proposal and the agreement provide for a -five-year contract term and extension, instead of three years, for Professional Concessions to: open a local- office,- and : for, a restriction. of sidewalk and street vendors for each Orange Bowl Classic Game held during the term of the contract and extension; WHEREAS, the City Manager and the Director of-the-Depar meat of Parks, Recreation and Public Facilities recommend that the proposal received from Professional Concessions, Inc..be accepted as modified, and that the City Manager be authorised to-. execufs the necessary document, in substantially the form attached, as modified, for this purpose; and NOW, 'THEREFORE, BE IT RESOLVED BY THE COKMISSION OF THE CITY OF KIAMI; FLORIDA: � w ' 9 j 4 t44 � �Nyt^ Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The November 29, 1989 proposal of Professional Concessions, Inc, for the right to operate authorized novelty and souvenir merchandise concessions at the Orange Bowl Stadium for the annual Orange Bowl Classic Football Game on a contract basis for five years, beginning in December 1989 for the January I, 1990 Classic, which period may be extended for an additional five years by the City Manager under the same prices, terms and conditions, is hereby accepted as modified. Section 3. The City Manager is hereby authorized to execute the necessary document(s)l/, in substantially the attached form as modified, for this purpose. Section 4. The following area of the City, encompassing approximately a one -block radius around the Orange Bowl Stadium, within which retail peddlers' occupational licenses shall not be applicable on all streets, roads and thoroughfares contained within the area defined herein, for specified hours before, during, and after the Orange Bowl Classic Football Games is hereby established, pursuant to Section 39-13 of the Code of the City of Miami, Florida, as amended: Bounded on the North by NW 8th Terrace and NW South River Drive Bounded on the South by NW 2nd Street Bounded on the West by NW 17th Avenue Bounded on the East by NW 13th Avenue. Said peddlers' restriction shall be applicable for each Orange Bowl Classic Football Game held within the terra of the City's agreement with Professional Concessions, Inc. and any z extensions thereof, for periods to begin no earlier than ten (10) hours before each such Game and terminating no later than three r (3) hours after each such Game. j}R The herein authorization is further subject to cmWliancn „ with all requirements that may be imposed by the Ciky.; Attorney including, but not to, those Faa+ixg !►. applicable City Charter and Code provision$* e 3 1 idu fiq - µ- 11! 3 w! I tion aha11 become effective Section 5. 'This Resa u immediately upon its adoption. 14th December 1989. t)A±gED AND ADOPTED this - day of r PREPARED AND APPROVED BY: e-- 7 ALEJANDRO VILARELLv CHIEF ASSISTANT CITY ATTORNEY 4 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI, FLORIDA AND PROFESSIONAL CONCESSIONS, INC. FOR ORANGE HOWL CLASSIC FOOTBhLL GAMES INDEX PAGE 1. CONCESSION AREAS.................................2 2. TERM.............................................3 3. PURPOSE..........................................3 4. CONSIDERATION TO THE CITY AND PAYMENT........ .... 4 5. ACCOUNTING AND FISCAL CONTROLS...................5 6. CONCESSION MAIIAGEMENT...........••..•••..•••••..•6 7. ACCESS CONTROL AND IDENTIFICATION................7 8. GOODS AND MERCHANDISE ..............•••..•••••••••7 9'. EMPLOYEES; VENDORS...............................8 10. CONCESSIONS OPERATIONS ...........................$ 11. LAWS APPLICABLE....*** .................11 12.- LICENSES/REGULATIONS............................11 13'. UTILITIES.......................................11 14. ASSIGNMENT OR TRANSFER.......•..............•...11 15.' CONDITION OF AREAS:..::...`...:..:...........:..12 r. - .16. ALTERATION BY CONCESSIONAIRE ....................12 17. 'REMOVAL AND DAMAGE REPAIR ............. 18 MAINTENANCE 13 `19.-., CITY'S`'RIGHT OF' ENTRY•........................j..13 20• .RISK Of LOSS ........... .........................13 '21: INDEMNIFICATION..:..:.•..`..................•....13 - 22• INSURANCE. •••••••••••••••••,•••••••••••s•••►♦.,►s14 - 239 PEACEFUL RELINOUISHMENT :...:..:........:........`15 24. GENERAL CONDITIONS.........,..................:.••♦1.5 25 ADVERTISING ................. •..:�...............16 _ 26. NONDISCRIMINATION•..,••.••.••••........,....•...16 . 27. VIOLATIONS...':"..•...:•:.......' ...............16... 28. ITA?DES••••;♦,•••••.:,••Of•••••.•♦♦••,••••;••••••..♦.♦•,I6 2 • • • m NAND, ,AATTORNEYS 30. ••...••••••••••••17 COURTECOSTS FENS. • . • . • • • • •,17 { —_ 3]. .;. ........ ..•...........,,......17 AWARD OF AGREEMENT . 32. NQN,—PELEGARILITY•.•,.40:.•.:.0.•0.:.0.0♦,•17 33; AUDIT RIGHTS........•..............,....•......17 34 • - C0NF,LICT OF. ,, INTEREST..... •, • . , • . 4 . it .:, is . •a . • q'i f At. 350 INDEPENDENT CONTRACTOR........ ..•............••.18 rc'` 35.;.MODIFICATIONS ........ ..•,••.•..•....,..,.•......la v 370 ENTIRE AGREEMENT ...................... .......•••18 b; ,k ` CORPOPA—TE A OOLUTION ........... f .... • ............ . EXff IS' T { fi j PAY.4 89-1400/p y .��6k`Z��{���'.f'�;�" z'�'`�"' %�t. �'-.� u — _�� cr a F �"�A�'T d"'•-+ ��,� L-;� e"n* d: .. t�w� �i: � r_a .... ?ik•r�d...'4xt.S»��i ._,. ris . . � .,. . _.. _.. ., l�. ... > ..... .. _. � ,•.� �,t, CONCS8810to AGREEMENT _ RE"B" ' iONAL COt�C$S�IC3l1g, It��C. THN CITY OF MIAM1, rt,0KIDA AND P OPEBS THIS AGREEMENT made and entered into this day of 19_, between the City of Miami, Florida► a+ municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Professional Concessions, Inc., a for. profit Florida corporation, with its principal office located at 800 N.E. Eighth Street, Ft. Lauderdale, Fla., 33304, telephone (305) 491-7768, hereinafter referred to as "CONCESSIONAIRE". R E C I T A L WHEREAS, pursuant to public notice, CONCESSIONAIRE submitted a prop osal November. 29, 1989 for concession privileges to conduct sales of authorized Novelty and Souvenir. Merchandise (her.einaf'ter. r.e`fer.red to as the "CONCESSION") for. the annual Ora nge`Bowl Classic Football Game (her.ei`nafter referred to `as'''th i "GAME") held at the Orange Bowl Stadium, (hereinafter.. referred: to as the"STADIUM") in accordance with Request for. Proposal No. 89-90-038 prepsred by -the CITY: and Wk1EREAS, said proposal bass,been found to be responsive`an {, responsible `and' meets the Cty''s 'needs for" such bperatioie, WHEREAS, the City Commission, `by Resolution`No• L SJ adopted `December.' 14 1'989, authorized tt�e City Manager. to accept. § saidpr.�ppbsa as modified, and to execute the necessary t `'wsuch concession` prilegest a reement t4�grant %NOW`i'''THERBF©CtE, CITY'''and CONCESSIONAIREdo''`mutually `agree' rw 1. CONCESSION AREAS gy, yyq�yukk.Z77 S, rants to CO�TCESSIONAI1tE for tb purr sei .at u CITY hereby q s ,44 ia r� `��IN z^;# under the condition(s) hereinafter set forth, the ��'%� , ri sa c�na�ted Brea$ facilities i�a a r witbin th- � : wys.. ;,� ,Y ..s, •tis. x ':`_ rr+,'31,.'iu ''`'"�'`- , '�.�11� lQae +� i)..W* Thix Street, z , ! �� ij 41h op k { .� It P grote �. h� ' ,itY 2 t ir� 44, such areas shall be located within the STADIUM parking lots, the exterior concourse between the orange fence and the building, specified ticket booth(s), and the lower level interior. concourse. The deaignation of specific sites (hereinafter referred to as "AREAS") for use by CONCESSIONAIRE shall be made by the STADIUM Manager., or designee, with the full approval of the STADIUM's food and beverage concessionaire, Volume Services, Inc. 2. TERM AND OPERATING PERIOD The term of this Agreement shall be for a period commencing on the 15th day of December, 1989, and terminating on the 30th day of August, 1994, covering the annual Orange Bowl Classic Football Games held on or. about January 1 of the calendar. years 1990 through 1994. This agreement may be extended by the City Manager for a consecutive five (5) year period, from September. 1, 1994 through August 30, 1999, covering the annual Orange Bowl Classic Football Games held on or. about January,l_ of_ the caledar. years 1995 through 1999, under the same prices, terms and conditions, by mutual written consent. The CONCESSIONAIRE shall notify the City Manager, not Later. that August 30, , ,1994 of its intent'to.request extension. For the purposes of- :this Agreement, the annual Operating, Period (hereinaifter referred; to as the "OPERATING PER10D") shall., be taken to, mean the days and -hours,.: that the CQNOESS.10N is permitted to 'operate' before,,- during: and after, each annual GW# { as specified in Section _ of this,Agreement.- _ 3. PURPOSE J. CONCESSIONAIRE shall conduct the author. ir,,ed< < ;No'Ye,l ty, .,,and Souvenir. M rchandiee CONCESSION as- apprpued by; the, R to O Parks, Recreation and Public' Facilities,,- hereina#ter.- rofeim f as the "DEPARTMENT") 'within tthe AREAS. - 4ri order., tp prOv0dti 4 d'r^» merchandise "to" residents ' :visitors° and the: attendaea pffY t � i► slj� fr` a. Ct9N 1:SSIONA itE .io. hereby authoxi od-;to.:dol;twerwondi,**Vtl 4 AKvw AREAS sal f�icoi to need to ors atitads° Qr ',a°iwil�A ;st`ru " rY.' ={ egotpment Ohl �r+sferr l o ma ohs; T t " OQWA# P I% n0rao rens#i n $ The CONCESStON shall in no way conflict or interfere with the rights and privileges granted by the CITY to volume Services, Inc. for food and beverage concession sales. CONCESSIONAIRE shall not change or modify such use without the prior written consent of the City Manager.. 4. CONSIDERATION TO THE CITY AND PAYMEN'rs (a) Considerations CONCESSIONAIRE shall pay to the CITY for the privileges g.r.anted# a minimum guarantee of _= Thirty-two Thousand Five Hundred Dollars ($32, 500.00) (hereinafter referred to as "MINIMUM GUARANTEE"), plus 6% State of Florida Use Tax if applicable, or an amount equal to forty-two and one -tenth percent (42.1%) of all gross receipts, net of State of Florida sales tax, from the CONCESSION for each annual OPERATING PERIOD, whichever is greater. (b) Deposit/Payments A non-refundable deposit of Five Thousand Dollars ($5,000) shall be payable to the CITY on or before December 20 of each year of this Agreement and shall be applied by the CITY against annual MINIMUM GUARANTEE. The balance of the MINIMUM GUARANTEE shall be'paid no`later `than January 3 of each Agreement year* j Total gross receipts ehall be'tallied at the conclusion'.. of -the -OPERATING PERIOD, or. no later. than January 30 of each. Agreement year., and any other sums due the CITY. ais =- the percentage ofgross" receipts shall be paid at tfiat . ti.me,- or in any, case`;-. no 'later than February 7 of each Agreement year.. Such payment shall be accompanied by a. t statement of gross' -revenue for. " the entire, CONCES1 - OPERATING ;PERIOD with' suchsupporting: ' 'documentation as _ may be.required. It is the intent of the City that .it.t — shall, ,receiv6 allallz amounts ` as net, free . and olme of costa - aad ' char. ges 'arising from or. r.`slat in�g "Ic a,, a�bd• fz �;�' loperatic�n�s, Ali` jr venuas generated fr;6i t - ...: . .G �. + i, ka, Re'craat +on and nbl �r 1j p tp! ,ppi .i i' ,z ! rdng aM► . lltaxp slr accc 44 F �t l" i $ o e'-.R t �6it��',;.��� .n� � �`+- .fir �, Y� F _L 4� } t y I .S p . a (c) Gross Receipts The term "gross receipts" an used herein, shall mean all monies paid or payable to the CONCESSIONAIRE for sales made or services rendered at t. or from the AREAS or from any other source related directly or indirectly to this CONCESSION, whether collected or uncollected, whether for cash or for credit, provided however., that any sales tastes imposed by local, County, State or Federal law and paid by purchaser of any item sold by CONCESSIONAIRE or any other authorized service or activity of the CONCESSIONAIRE directly payable to a taxing authority shall be excluded from the computation of "gross receipts". All cash shortages are to be absorbed by the CONCESSIONAIRE and are not to be deducted from gross receipts. Bad debts, returned checks and charges for returned checks are also not to be deducted from gross receipts. S. ACCOUNTING AND FISCAL CONTROLS (a) Independent Audits The 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 repor.ts,. -The.CPA shall be acceptable to the. CITY. (b):Forme, Records and Inspection: The form,of all,re,por�,s 4 shall have, the prior.. - approval ; of the DEP4RTMBt,1�'. ; CONCESSIONAIRE. shall make . available to the : Cit y t daily opening and , closing . irwantory of a 1,. % a�1 souvenirs, novelties ,and/or merchandise an$, aha.etsi?�E '- record : of ,gross- sales of .elij CONCESSI1 9ds,;ti, Y merchandise, by Category. .''. the city'.to, inspecto Cheri{,. .anSA,[ae' %_._�MQ goods.: and ' ae c handise:. +� ► .; to..;` �►+s e t ►+� ir z � e �� � M } �5 y} r Otter the close of the x •. -. 1 _..;`�l Zt .+. �Z� ��C i.ix .S4 ,e,�r'��3+A�.`k3.,'ltr �S.ylml-� ,-. L,F. .w. ... . ,. tYfr3YPFk?.s.Yauce:�<,<,t�: �� "'" (c) Taxee? The payment of State of Florida Sales Tait on CONCCSSIOtd goods and merchandise is the responsibility of CONCESSIONAIRE and such tax shall be included in the price j)f the goods and merchandise. (d) Items At the conclusion of the GAME and/or. CONCESSION OPERATING PERIOD, CONCESSIONAIRE shall submit a report to CITY detailing gross concession sales by category, applicable taxes and payment due the —j City. Required payments) shall be due and payable at that time, and shall be remitted no later than February ! 7 of each Agreement year.. Wherever practicable, the i J City strongly recommends the use of portable cash registers to record sales. 6. CONCESSION MANAGEMENT A. Local Office: The CONCESSIONAIRE agrees to Open a local office, to -be located within the City limits of Miami, for the conduct of its operations pursuant to this Agreement. B.Operators and Vendor.st The CONCESSIONAIRE may utili�te its own employees or may authorize other. persons, #firms- _ and/or organizations to operate individual concession STANDS. For. the purposes of this- Agreement, the i employee, person, firm- or organization :operating: an ,. individual 'concession stand shall hereafter. be..= referred to as "VENDOR(S) ". The CONCESSIONAIRE alone fa.16 -responsible to properly: inform all" VENDORS of ttie tiste,e " locations, allowable goods, merchandise, and ` g1Z' oths provisions and 'regdirements` stipulated by thelCity 4i ff The CONCESSIONAIRE: sha h be''$ponb1 , the `CONCESS`ION. - . to causethe .per ormance ' ©f at1' aUch' pra►vie x requirements and will' be held= Liabiia' for. `b�Ceaohc ism. d b CITY; ` CONCESSIONAIRE shall A"$t►5� ; - lug-`Managera list o all authorized VENDOR vt�f��t� - :. .. ue.x and '6 a + � 1 01 _ cur i e au �+ W 4` .�S t�i� „F� Syi {�'. �i•finl,� � _- rO{3[A�/.�♦i ,1�e - 7F �I• V±f�1A Y /A� 1.i /'�}� Y`lT3f� Y �'lC R.v-�r' f Y�. `' � F' '�f. 3` CSs J�� d F• .Fk`wa° C. Su per,visory and Other Staff: The CONCESSIONAIRE shall have adequate supervisory, accounting and other necessary staff to successfully manage and operate the CONCESSION, The CONCESSIONAIRE shall cooperate fully and completely with the City, its agents, officers, and employees including Police and stadium staff, and with Volume Services' employees and Orange Bowl Committee members. 7. ACCESS CONTROL AND IDENTIFICATION: The CITY intends to prohibit all other, merchandise peddling from within a one - block radius of the STADIUM, pursuant to Resolution No. , adopted December 14, 1989. The CONCESSIONAIRE shall furnish each VENDOR with identification allowing access to the STADIUM. VENDORS without, proper identification shall not be permitted to enter the areas restricted for. the CONCESSION. Each STAND shall have posted highly visible identification showing the name, of.,' the VENDOR, location of STAND, and goods author.i.sed for sale at that STAND. The CONCESSIONAIRE will be,responsible to provide a "Vendor. Patrol" to ensure compliance with this: — provision. 8. GOODS AND MERCHANDISE: k A.-,..T e: The CONCESSIONAIRE shall offer a variety of novelty and souvenir merchandise to the „public, wiklt a ; portion., in the low to moderate price range. Recommended,,,, souvenir merchandise includes:, hats,, caps, t,-shir_ts, sweatshir.ts,., pennants, and plastic glasses... The sale t general, non -souvenir, merchandise, such as binoculars,, and�y r comer —as, is subject -to - the review and . approval h���x STADIUM.Manager, or. des-ignee.. p• g T�►e., sai�a of ro r �,�� the tam exc1u.eive -privilege of the Orange, Bowl. CQ, 1 a , of large at r. borne, loud poisemakare, en� cr,.eai;e �nealth, eafety and/or maintenance problems shall 130 q r� p.• 1}i . i.ted•� , .. , . Bp prior uerova:l of Ci t�+s Pro v$04 4 RAlIRIPfPISI#lmsgRllPell 1111I7e..�Is1 li.R .Y 3 a N:,a -z :..• r.# ¢ ; ,,.. a ors 4"ic pap..-9; e 5 (48) hours prior to the GhMP, or start of the OptRAT1140 pERIOD, CONC:ESSIONAIRt shall furnish City with a st%t and price schedule for all items to be sold. The City reserves the right to request, review and/or approve samples of all merchandise in advance of purchase or sale by CONCESSIONAI9E. C. Licensing; Only souvenir. merchandise that has been officially licensed through the National Collegiate Athletic Association and/or. approved, in writing, by the Orange Bowl Committee or its designee Collegiate Concepts, Inc., may be offered for. sale. Souvenir. Merchandise shall include any goods that bear the name, image, logo or other reference to the King Orange Bowl Jamboree, the (SAME, or the colleges and teams participating in the GAME. D. Quality- All merchandise shall be of the 'highest i quality available in its retail price range. Violations of this provision will be cause for a finding of default. `'L1 goods and merchandise shall be sold in' accordance"with all �t applicable retail merchandise laws and r.egulaiiono and shall adhere to the highest industry standaxds` for. J f merchandise of its type. tt 9. EMPLOYEES, VENDORS CONCESSIONAIRE`S employees and 'VENDORS shall wear uniioi:ms a and each sha l l ' have a number. ed ident i f icai ion button '($eaoh - r having ` a unique number. attached ' thereto in 'plain vi+sr Where permitted` bil y City, VENDORS allowed to `roam tie4i STADIUM and its grounds (hawkers shall,additiohal ; ieAddress and marker.' indicating, ' In 'pia in vfew- two of the par. ticulart dommodity ` be jig sold. EMpiop�e a i►d xQOlaed, i tBx►#a►'#ba'' f VENDORS sfiall' be' neat; `clean; well-g to make' _.'chahgeo, handle: sa108. tran6actionei ,El�t1Q Xf: h ► S e ►r tsBy .iO they "public. (lei flPEitATIt9�18 COICSSEI 3 } fAl, ESS-10MAIAE st+a ). t�ocati+�na: iati Qn of''4Ci�1Q. 4,1 4 tot 4 t PRINki full approval of Volume Services, Inc. Once a location has been approved, CONCESSIONAIRE cannot relocate STAND without STADIUM Manager's approval, nor. shall CONCESSIONAIRE sell any goods outside of the designated AREAS. Roving concession operations (hawking) may be permitted only upon the complete review and approval of the STADIUM Manager, or designee, after consultation with Volume Services, Inc. and the Orange Bowl Committee. (b) Stands ,and Equipment; CONCESSIONAIRE shall furnish, equip and install its own , concession facilities, tents and/or STAND(S)in the approved locations. All STANDS shall be fully self-contained and equipped, shall be attractive and sanitary, and shall be removed from the AREAS at the close of GAME or. OPERATING PERIOD, as applicable. Size requirements for. STANDS are to be determined by the CONCESSIONAIRE, subject to space limitations for specific locations and requisite City approvals. All STANDS ar.e ' subject to the approval of the STADIUM! Manager., -or. designee. All property of CONCESSIONAIRE, including without limitation, the STANDS, equipment, refuse containers, and stock# shall be completely removed by CONCESSIONAIRE no later than January 10 of each year.,.unless otherwise approved by the=STADIUM , Manager. (e) Maintenance: CONCESSIONAIRE shall clean up, all gaarbageand- �! debris within 20 feet of STAN,D(s). CONCESSIONAIRE shall prov,ide,• at ,its sole cost and expense, adequate plastic trash: bags .,and';�a minimum, of., two (2) garbage containers for.. each STAND, or, ;as. ' required by the DEPARTMENT. ,AREAS , shall be kept< clean And r sanitary at all times. CONCESSIONAIRE, shall. dump-;.accumuhi:t!sd trash,, into a dumpster or. suitable: Container:: des;igaate+d <by, eCITY `Yt a for;. removal - by; CITY: DEPARTMENT, :OF SOLID. WASTE. . ,C4NCESSiONA1RE r.esponeible for. the performance of-, final: clean-up �of aceQdanco With the ter. me , of this . Agreement ... (s) .Prime: CONCE&SIONAmv,sh 11 offer. a variety of Goeceseion it.gm with. a,` : signif i,cant,; portion , in, ` the' Jow '- to 'WD Qua a A�it'11 a ` j _ 1° per, the attached :. pr. (,co, tat fN (Xxjhibit MR "ST` L, - `.. �5 • • . Dr V '� 5'.: i l r $ f� A - Ono f b p 6. `} T to �ti A,�pr,inted: price list: showing- ail• r a ., i} pPi 1 a sale+ State of Florida gales tax shall be included in the price of each item and accounted for. (e) inventory and Availability: CONCESSIONAIRE shall ensure that VENDORS and STANDS have adequate inventory to service the needs of the attending public throughout the CONCESSION OPERATING. PERIOD. CITY will allow CONCESSIONAIRE the use of an area, designated by the STADIUM Manager., for warehousing, distribution and office space for each OPERATING PERIOD. CONCESSIONAIRE shall make available to DEPARTMENT, a daily opening and closing inventory of items as required by this Agreement. (f) Taxes- CONCESSIONAIRE shall be responsible for payment of all sales taxes on merchandise sold. (g) Utilities: All STANDS shall be self-contained as to water and electrical requirements, unless otherwise approved by STADIUM Manager or. designee. Beyond those already available in --the: AREAS, CONCESSIONAIRE shall be responsible to arrange and pay for. any additional utility hook-ups required for. the CONCESSION and —1 shall obtain the approval of the STADIUM Manager. ` or. designee: prior. -to installation of any such requirement. (h)Hours/Days of Operation: CONCESSIONAIRE shall. be permitted' 5 to conduct . the . CONCESSION from a specific location: designated; by::,. Q. the STADIUM Manager., generally Ticket Window 5, for. approximately:~ two ,(2) ` weeks prior to and after each annual GAME. The day' and. hours.>.of: operation from this , location shall be determined by the k CONCESSIONAIRE, with the approval of the STADIUM Manager.. On the, day of each annual i -GAME, the. CONCESSION -sh'a l ..be r ?mra r business:: by.. 10:00 am. ,. fpr. STANDS located within exteri.or A ABA. and., at : least one and: one-half hours :.: prior , ':to the, :start oC : *,hjjh GAME. for STANDS. l located , within. the; STADIUM. proper. CON�:$BxQ 7` _ operati+Dpe..>; on the day of the GAME shall conclude as de>aand <r�j ciiotatea.. xccaptkon:r, tea. these hours may be granted or direct,er r ` Y by the --STA, 1UM Manager tsir - dealcjnee.• i rand .break: Downs k 90*$fiS kholt h ,s q )4, t I.s■■■IIA ®■! ■ ■V■YI lr e!! tom[• .■■.rr �' rL het pp ,gp�,r■gtipn* oesonabla times prior, to the vtmrt p 04`C 'A },IRx ' MRATING TZRIOD upon notification and Approval ' of tM+� 42 s ex, Set up oV;each ST shell ete+ x, W } 'hour in advance of the opening time for. that STAND, CONCESSIONAIRE shall remove all effects and clean-up each AREA daily, to the satisfaction of the DEPARTMENT. Final clean --up and removal of CONCESSIONAIRE'S effects from all AREAS, except for. Ticket Window 5 or that designated for extended operation, shall begin immediately upon the conclusion of the GAME and shall be completed within twenty-four. (24) hours after the conclusion of the GAME. The CITY reserves the right to remove from the AREAS all CONCESSIONAIRE effects remaining in or on the AREAS after. January 7, in accordance with Section 17 of this Agreement. 11. LAWS APPLICABLE CONCESSIONAIRE agrees to comply with all laws of the State of Florida, and Ordinances of the City of Miami and Dade County. Florida which pertain to the CONCESSION and privileges granted herein, including but not limited to building codes, vending ordinances, and State and County Health regulations, as the same - r presently exist and as they may be amended. 12.1 LICENSES/REGULATIONS: The CONCESSION shall be fully t licensed in accordance with all applicable` state and local ordinances regulations including Chapter. 31, entitled City of - Miami Occupational License Ordinance. CONCESSIONAIRE shall abide a -� by all' pertinent rules, regulations, ordinances' and laws of the .:City � of -`Miami, Count of State of Florida and the 4f y y e United n ''States now in effect or hereinafter' adopted. , 13 UTILITIES Unleis otherwise provided "herein, CITY shall provide' — util-ities as 'they presently exist',* including but not limited to,' 4 electr, icity,° water., gas, ' and sewage disposal. Trash and'garbage Y '6ha11 removal'" from the STADIUM be provided by the CITY as 'a 4 ram. detail'ed` herein. 14,' ASSIGNMENT OR TRANSFER i�thout ``the `express consent of the 'OITV, CC3NCSSit1#i r � .. ...- •� _ .. '�. `.. .�•.r L 5� �' -� 94 n,.s�, �:. [E �Y�',� 'r{q � R�4�`'?�'�.�✓laj•f 1i++s' >. .. � . R, � �hY� 4 cannot `asel on, ox trap. ier privilege of entryan VAlso; tji1 , ` >%r. Gx .:; .?y ;t$ .'}fir ti8t% J tr?l uht: " by {t'his`Agreelient. ` mj, 3r ' .�5��. �14 V� 3>_v .' « ,tr `;. �. -'` _ �. rpA00 ■ F Li s n r } -s ""f;4^l C) M r• 77, _ P'j r T )t .. �. `: Y r Y .X ,y . $ S� �fd'� i•'yC ./1','}�},,� '. hi. i S i " � "`y ( M1(� P � �yd Yi•,�-�- ""Y n>l:., ( �y'h'� :... is � i .qi'l ha31J. c"'�)�.v l i3i+� t.. ,z11j .. c v _.. ,..�, r .. �. ,• .�i+�..r�.A���iP ��i3 ..r�'z ��F� . 5. CONDIT.ION OF AREAS CONCESSIONAIRE hereby accepts the AREAS in their present condition and agrees to maintain them in the same condition, order and repair as they are at this time, at CONCESSIONAIRE'S cost and expense, except for reasonable wear and tear.. 16. ALTERATION BYCONCESSIONAIRE —_ CONCESSIONAIRE may not make any alterations, additions, partitions, renovations or. improvements (jointly referred to as "IMPROVEMENTS") in or to the AREAS without the prior written consent of the STADIUM Manager or designee, and the design of such proposed IMPROVEMENTS in or to the AREAS shall be fir.t. submitted for. approval. All IMPROVEMENTS must be in conformance with the applicable provisions of Section 11 hereof. The cost of such IMPROVEMENTS to the AREAS shall be borne by and is the financial responsibility of CONCESSIONAIRE. 17. REMOVAL AND DAMAGE REPAIR CONCESSIONAIRE shall have the right to remove any movable. personal property equipment or fixtures that it places in the AREAS. A11 such property or. IMPROVEMENTS which are not ,removed by CONCESSIONAIRE in accordance with the terms detailed.hervin, shall., `rbecome the property of C"ITY, or, CITY shall ': invoice CONCESSIONAIRE. to cover. CITY's costs for storage and removal of, same in the manner prescr. ibed herein... If. any •part. of the: STApIU,M is inanyway damaged as a consequence of CONCESSIONAIRE'le .. operations or. by.the removal.of such items as stated herein,:said '. damage snail be .r.,epaired by CONCESSIONAIRE at its ;sole,, Poet ,.and expense. Should CONCESSIONAIRE fail,to remove.its prope.;ty;or to Y l repair.. any damage ;caused to the STADIUM withida .0 t�ean ..(-l0) ; Y# after,: the receipt . of written notice from CITY direst ng CITY shall :_cause..the per.formp►nce . of same at thePP . 401e -S , slid. i a geese.. of ;.CONCESSIONAIRE. CONCESSIONAIRE shall pay. CITY full cost of -such ropovalo storage, rehabilitation and/or xepe3,xe. wi.thir►;.ten=.Sl9 -;dal► o#:.rsoeAalt ipt .,of: 00 it src�l e l l a #. a , i �,+�e►el /�Tt eeme�,Fad ire: s r pay =such.. ,n o foop for COOK lii" AIRS t4 q s q w eeet�., Y. . �tttc fhb; Elko:�' ff ks Ay 1, 4g�s4 tE rj terminate this Agreement for CONCESSIONAIRr,*S L81Sur.0 a'v" the STADIUM as directed, without the necessity of CITY repairing the STADIUM. 18+ MAINTENANCE CONCESSIONAIRE agrees to maintain the interior and the exterior of the AREAS in good order and repair at all timest and in an attractive, clean and sanitary condition during the specified period under this Agreement or any extension hereof. 19. CITY' S RIGHT OF ENTRY CITY, or any of its properly designated agents, representatives or employees, shall have the right to enter said AREAS during all reasonable working hours, to examine and/or inspect the same. 20. RISK OF BOSS CONCESSIONAIRE shall indemnify and save harmless CITY, its, agents, officers and employees, against all risk of loss, in jury.#, loss of use or damage of any kind or nature whatsoever to;° goods or equipment now or. hereafter. placed. property,' merchandise, on or within said AREAS, and all risk of 1089,r injury or damage., of any kind or nature whatsoever to the contents of such STANDS, non -permanent , . structures,.. trailers or. buildings - ofr CONCESSIONAIRE, or improvements made by CONCESSIONAIRE:,:to,;;the: x structure or structures, or to any goods, cha.ttels,, merchandise. or. to any other. property that . may- nowr. o;her. eafter. be placed upon said AREAS, ;whether. belonging to_ CONCESSIONAIRE or :,other#,_ r; whether. said loss, .,injury aor. damage results from fine. hv�rxicasne,, 7 -_ rising wateror. from any other. cause ; or .other.: contingency", .,,,=an-', whether. the name- be caused by the claimed negligence of CITY or."- 4 any of its employees, assents. or. otherwise, and o olc h ►r �.e '; A 4. CITY from -,all claims and suits, gr.owing scut - o . mtnY. $uc gsa•* injury or &image.: a 3. 21. INt3EMNIFICATION cwsneat s ; a ... a r a .� t1 . i t= hss :�. ' r C0NCES8X0NA1R ,',c 9 behasi Q, iiciei�niy.olii=hmrie�° atlrr�fadt+� CT�i+t t a�� �►ta� `sue=" �'e + $ . +Ricers and r Ye m� � ► ,s t+� � � i a uts'cti� +mg A 3 i i arising during the period of this Agreement, and any extensions hereof, for any bodily injury, loss of life or damage to property sustained in or on the AREA, by reason of or as a result of CONCESSIONAIRE'S use or operations thereon, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 22. INSURANCE CONCESSIONAIRE shall maintain throughout the period of this Agreement, and any extensions hereof, the following insurance: A. General Liability Insurance on a Comprehensive General Liability coverage form or its equivalent, with a combined single limit of at least $1.000,000 for bodily injury liability and property damage liability. Owners, Landords and Tenants coverage, Products and Completed Operations coverage, Personal Injury, ContractualLiability, and Premises Medical Payments coverage shall be included. CITY .shall be named as an Additional Insured on all ,insurance policies. B. If required, All Risk` Property insurance' coverage on' -'a replacement cost basis for. real and personal property located at or on the premises unless said ` personal'` property is owned by CONCESSIONAIRE. C. CITY shall be 'named as an additional Insured on all 'such �a liability policies. ®. ' Workman's Compensation Coverage as required by Florida Statute 440. S. The policy or. policies of in ance required` ahslh written ` that the' policy or policies mays not be cancelled-,r or ' mater.iall� changed without thirty (30) day" advancer written notice to CITY being delivered to the Insurancezr Manacpar, Law Department, P.O. Box 330700# 1048i, Flott 33233-0708 or I SE Third Avenue, Miami, Flo'rift- ..-, Pj' ox to the CSilnmetnceament of activiti.sa bOvOundsr#y.y � '8r a "����- � f 'z ?f `tea 1 £, cJ-, •f: J � �_¢ L 'k, r aFi <n 4n �i9 � ,,, Yv. _ Cart i f icate of Insurance 00wing tho, required �J is t Na supplied to the insurance Manager of the CITY. Insurance x policies required above shall be issued by coMpahies authoriZed to do business under the laws of the State of Florida, with the = following qualifications as to management and financial strengths i — The company must be rated no less than A as to management, and nO less than class V as to financial strength, in accordance with the latest edition of A. M. Beat's insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858. 23. PEACEFUL RELINQUISHMENT At the expiration of each OPERATING PERIOD within the term of this Agreement, or any extensions hereof, CONCESSIONAIRE shall, without demand, quietly and peaceably relinquish its use of the AREAS in as good condition as it is now, except for. normal *. wear and tear.; such relinquishment shall also being required, upon demand of the City Manager., pursuant to the provisions of Sections 2 and 20 hereof, or as may otherwise be directed .by CITY. 24.,' GENERAL CONDITIONS A. All notices or other communications which shall or, may be given pursuant. to this Agreement shall be in.writing:and shall be.delivered by personal service, or by registered mail addressed to the other party at the address indicated herein,or. as.the same may be, changed from time to time. Such notice shall be deemed given on the day ; on which:. personally served_ or,. if by mail, on the f ifth day : after. being ,posted or.. the date.,of .. gtual . receipt.,` tt -- whichever. is, ;earlier. CITY OF MIAMI CONCESSIONAIRE } — Y pity' Hanagex „ . ' ,, Profoesional {Concossiol}sJ�qq* Attn: Parks, Recreation and 800 NE Eighth StreetD. } =:. Public Fa,cilitiea , Dept. - ; , t.. ,,Lauderdale. k-. _ City of Miami Florida 33304 zh P10,,-. Box : 3:30708 Miami, Florida 33133 B, Title and paragraph headings are for. COOV014ea r ent .w reference and are not apart of this A�reem f C. in the event of conflict between the Or of #K yy �. •.s� asSi a�Y - a J ggreemont and any terms or co nd i t ions Contained i n 08� � � �X,� . {f��tiya 8V� s c un ato the term #` this A9rooment shall ruly- Y � r' a } C E ri.�'�+k'vt±t. y1 ;. N Y _ t �-.,f +.t S � 'x 5°n-+* 4'� .F '. r°r;.•(�. —_— shall constitute a waiver of any subsequent breach of the same Or any other provision hereof, and no waiver shall be effective i� unless made in writing. E. Should any provisions, par.agr.aphs, sentences► wards or. b court of i phrases contained in this Agreement be determinedy a cou competent jurisdiction to be invalid, illegal, or otherwise unenforceable under, the laws of the State of Florida or CITY, -i then such provisions, paragraphs, sentences► words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable by CITY, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. — 25. ADVERTISING -i CONCESSIONAIRE shall not allow any signs or advertising matter, to be placed either in the interior or upon the exterior of the AREA or grounds without having first obtained the approval of the DEPARTMENT director or his designee. 26., NONDISCRIMINATION CONCESSIONAIRE shall not discriminate against any persons on account of race, color., sex, religious creed, ancestry national origin or.,handicap in the conduct of the CONCESSION. 27. VIOLATIONS If: CONCESSIONAIRE in any manner violates the restrictionk and - conditions of this Agreement, - then, and in that evvent,'` `a#ter ten -. (W), .days written notice given to CONCESSIONAIRE by -'the `Oity Mana9er wi.thin which; to -cease such violation, or, to' cor:reck"` tuldh de:f iciencies# and upon •- failure of CONCESSIONAIRE• to d;a� so ►tt t; �� s>uch... wr. i rten not ice, this Agreement i`s her atete� automatically without the need for. other iar 'further a�ebiQR b�,Y ^TT my N {[# S t 3"`Y: Sid ;A:;j'Yj�,l:`s(•vN"' Zii 'i'AXEB During. �the� per. U4 of this, Agroei0ba C4*Cz5e,10_TA.ii�r� x� - 1y; ari► ;anal, a l . tapes '!3#,.:wl4ttive natR QeMf�t'►�y ° � _ + a ,egai at ,k 1e• a,CONCROSIO 0!S `A •���y A �4Y b t � _ _ k 5 � •L fib' � y V._-„P T.('°'� •t 29. INTERE C0NP91kRgt) RY AGREEMENT The provisions of this Agreement do not constitute a lease and the rights of CONCESSIONAIRE hereunder are not thase of a tenant. No leasehold interest in the AREAS is conferred upon CONCESSIONAIRE under the provisions hereof. 30. COURT COSTS AND ATTORNEY'S FEES _ In the event that it becomes necessary for. CITY to institute legal proceedings to enforce the provisions of the Agreement, CONCESSIONAIRE agrees to pay CITY's court costs and at tor. ney' s fees. 31. AWARD OF AGREEMENTi - = CONCESSIONAIRE warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreementand that it has not offered to pay, paid, or agreed to pay, any person employed by CITY any fee, commission, percentage, brokerage fee' or gift of any kind contingent upon or.. resulting from the award of this concession privilege. 12. 'NoN-DELEGABILITYs The obligations undertaken by CONCESSIONAIRE purauant:'to this Agreement shall not be delegated or assigned to any ,,:other., person or. firm unless `CITY ' abal`l f i'r. st 'consent in wr. sting to the performance ` or assignment"of such services or. any par. t =thereof,', -by another. person or firm. 33. AUDIT'RIGHT y� CITY reserves right to suit the red ords'° 3c►f Y , x Fz CONCESSIONAIRE at any time 'during the per. formanCe ` mnd ' to At Pf thus Agreement and for a period of three years after finalq t ;.� ayment ,is. mane hereunder. If required by City, CONCESSIOiTAIitE *dfi ter' shell provide, CI'fY``'a letter. from ah° independent C®rtifisd�Qubt�. C Accountant` . Ad 1? -'A : 3 which �stabiieties-that COD10E&$'IDNAI� .Tx internal contr.4ls ar'e aegate` to eaf+sgubxd f i=ta �►s+at pr pwrly reiconcile` accounting' 'transactione,: CO h . ot `f�urnlvsfi` "°tek 'any = ;authri�: ; repreaFnta►tve �s tl,4 _ v <<.►ertsen Internal Audits and Reviews au�h boo is a�,nar►lai, .statements pertaining to the1 { w}w�� Q 8 `�=1: Y _ 'lG�t o ++£ contr ;C l't 1PT �1 i1kv.L - t11'"ud1t8�# u'Y° 34. CONFLICT OF INTERESTt A) CONCESSIONAIRE covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this permit has any personal financial interests, direct or indirect, with CITY. CONCESSIONAIRE further covenants that, in the performance of this Agreement no person having such conflicting interest shall be employed. Any such interests on the part`of CONCESSIONAIRE or its employees, must be disclosed in writing to CITY. B) CONCESSIONAIRE is aware of the conflict of interest laws of City of Miami (Miami City Code Chapter. 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. 35. INDEPENDENT CONTRACTOR: CONCESSIONAIRE and its employees, volunteers and agents shall be deemed to be independent contractors, and not agents or employees of 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 employeesi _ fur.ther its employees and agents shall not be deemed entitled to Florida Worker's Compensation benefits as an -employee ,of the CITY. — 36... 4ODIFICATIONS The conditions contained herein shall not be modified unless said moifiti modifications are approved in writing by the City . _ . a 3 — Manager,;, 5= . 37. ENTIRE AGREEMENTY. This Agreement and its attachments constitute the sole and, only Agreement of the parties hereto and correctly sets forth the - rights, duties and obligations of each to the other as of its ' date. Any prior agreements, promises, negotiations;, 46r„` ' representations ;not expressly set forth in this Agreement 06 of 4 no force or effect. x F ; -L�� r. 4 d YXf 1 'rt N =Ga t: t } IN 'WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal corpor.ationof the State of Florida Cesar H. Od o, C ty Manager. ATTEST: MATTY HIRAI, CITY CLERK i CONCESSIONAIRE: ATTEST: Professional Concessions, Inc., Florida for profit corporation - a —� By Dennis Manier. , Chief Executive, CORPORATE SECRETARY Officer.. (SEAL) :APPROVED AS, -TO FORM AND APPROVED AS. TO DEPARTMENTAL REQUIREMENTSs - CORRECTNESS: JORGE L. FERNANDEZ ALBERTO RUDER, DIRECTOR PUBLIC STADIUMSr RECREATION be CITY ATTORNEY -FACILITIES <DPARTMENT APPROVED AS TO INSURANCE„{b REt2U I REMENTS s SEGUNDO PEREZ Yj`7'.• - :JN$ORANCE MANAGER f Z 4�W t4� Y awl, t h f r t r - COMRATZ RESOLUTION ;Ea$Ag, the Board of Directors of Professional Concessions, Inc., has examined the terms, conditions and obligations of the proposed agreement with the City of Miami for concsion operations for the annual orange Bowl. Classic Football Games; and WHEREAS& the Board of Directors, at a duly held corporate meeting, have considered the matter in accordance with the by- laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Professional Concessions, Inc., that the president and secretary are hereby authorized and instructed to enter into an agreement in the name of, and on behalf of this corporation, with the City of Miami for such concession operations granted in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City of Miami. SAMPLE MERCHANDISE & PRICE LIST (officially Licensed Product) ITEM -3 Button I Bumper Strip loom Pom i Pennant - Poster Key Rings Lapel Pin Visor Flags #1 Hand Seat Cushions Dolls Youth Cap Youth T-shirts Youth Sweatshirt Reg. Mesh Cap Corduroy Cap Embroidered Caps Adult T-shirt Adult Sweatshirt Golf Shirt - embroidered Sweaters - embroidered Jackets EXHIBIT A PRTC.E RANGE $ 1.00 - $ 3.00 2.00 - 3.00 2.00 2.00 - 3.00 5.00 - 10.00 4.00 - 7.00 3.00 - 5.00 5.00 - 7.00 7.00 - 12.00 6.00 - 8.00 6.00 - 8.00 10.00 - 20.00 8.00 - 10.00 8.00 - 12.00 15.00 - 20.00 10.00 - 12.00 14.00 - 16.00 13.00 - 17.00 12.00 - 15.00 24.00 - 28.00 25.00 - 35.00 30.00 - 40.00 30.00 - 75.00 4 *# 4f'->7.� ' xn_. w`�F +?£,.fi 4,'t`5+:.':�.'1+.r. �,9L4=r�{$�isa t< 3 sS} �' � ' fi . , � "$ *'r3 fz s 3ar f utt Ji sF�a x Jqg h# +e �a WIS # r f r { f EXHIBIT 9 3 CERTIFICATE OF INSURANCE (2/84) DATE 111/27/91 I PRODUCER ! ! I PHOENIX INSURANCE AGENCY 1 2168 W. OAF LAND PARK tiLVD I FT. LAUDERDAL.E• FL i COMPANIES AFFORDING COVERAGE". y._1� j, 1 ! r • e w • x r • • • r r Y r r h w w r • • r » • • • • • r • ■ r r • • r • • i • • • i i I COMPANY SCOTTSDALE A Y r. •..h.••«.«•.. ...... 1 COMPANY FIREMAN'S FUND INSURED 1 B PROFESSIONAL CONCESSIONS 1 COMPANY BANKERS INSURANCE CO 800 NE 8TH STREET C/O WAR MEMORIAL! C FT LAUDERDALE5 FL 1 COMPANY L 3315 ! D I COMPANY I E COVERAGES • Y . • » • • • • Y ■ • • Y • • • • . . • ■ • . • r ■ Y w • • Y • . . . r r . ■ • w • • r . . • . . • « Y • . • • . . • • • • • • • r • • Y • • • Y ■ • • r • r • » • • • • . • r • . • r • Y • r . • • Y r r » • . • Y • • r . • r • • « • . • • • • . • . • • Y . x • • . • • • • • • • • • Y • • • • • • Y • • • • • • ■ • r r . • • . . Y « . r • • • • r Y Y r • • « • • . . . • • . . Y • • . • . • • Y • Y « • • r Y • • • • • • • • • • Y Y r • Y » M • • • • Y Y • • • r r • • Y _ - C! TYPE INSURANCE I POLICY NUMBER I EFF. 1 EXP. !LIABILITY IN THOUS Lis ................. i................. w..r.! DATE 1 DATE l...1EA OCCIAGGREG. !GENERAL LIABILITY! 1 1 !BI 1 I X! !Comp. Form 1 GLS 199994 i ! Ir..ir..••.I....•r• X I A !Premises/Oper . ! GLS 199994 18/ /2 9/8918/29/90 1 PD 1$ 1$ 1 !Underground Ex.! XIA!Pr-oducts/Compl.1 GLS 199994 18/29/89 18/29/90 1 i 1 !Contractual ! ! 1 !CSLI$1000 1$1000 ! !Independent Con! i 1 1...l...... I....... 1 !Nrd Frm Propert! I 1 !Personal I 1 !Personal Injury! I 1 !Injury 1$ r • • • r r • » » r • • • r • • • r Y • • • • w r • • . • • w r • w • • • • • • • • • w • • r r • • . . • • • • • r • r ■ • . • ■ ■ • . • • • • • • ■ • ■ • i _1 !AUTO LIABILITY lE�I 1$100 !****** 1 !Any Auto I ! I iP.Pi.r.»r•i**�k***tk I !All Owned P.P. I I ! 1RI 1*300 !****>K** I !All Owned Other! 1 1 1P.A1...••.i****>k* 1 !Hired Auto I 1 i !PD 1$ 50 _ 1 1 Non -Owned Auto 1 !Garage Liabilit! 1 !CSL,$••.•• ******* ! C I X ! SPECIFIC AUTO 1 FJC3518199700 I 7/.:7/8917127/90 !EXCESS LIABILITY ! I 1 I 1 ! 1 1UmbrelIa Form 1 i i ICSL!*100 is 100 !Other Than Umbri i 1 l...1 •..•.i. I WORKERS COMP. ! I i I Statutory ! I AND i 1*1a100 tea"acc.>: BiEMPLOYER'S LIAR. 1 2 15 WZA 80417796 i 8/13/8918/13/90 11*11*500 (dicease) tdicease,"ea 10THER ! I i 1 DESCRIPTION OF OPERATIONS/VEHICLES MANAGEMENT OF SOUVENIER/NOVELTY SALES IN CLUDING FOOD AND BEVERAGE SALES.-s w 5 - CERTIFICATE HOLDER=-=-__=====G=== CANCELLATION =�^ -==-cmas~gesco::�=�as�apsaealxsliRpeiR AND ADDITIONAL NAMED INSURED ! I .......... endeavor to mail......•r•..■r«... CITY OF MI:AMI ! 1 10 days written notice ..•••or.■.`..•.,.'.R r I. SE 3 AVE MIAMI,FL 33131 ! !Authorized Rep. EDWARD FOWLER r- 3i4y t� ; y`i $'�-S}.7�•7 c; � ♦ tv L' �t _{ h r a :n1 r �5 .r.4 j 4rr1cr 4i.. 'h? S� 1 ; k I 3 'j I — l i CITY OF MIAMI, FLORIDA CA 4 _ INTER -OFFICE MEMORANDUM FILE To : Honorable Mayor and Members DATE ,� h. �. -, w ;t.✓� of the City Commission suaiECT: Resolution for Accepting Proposal/Orange Bowl Novelty �Concessions for Three Years. "' REFERENCES FROM : �� RFP #89-90-038 } Cesar H. Odio, 'i City Manager ENclosuaes Recommendations It i—respectfully recommended that the City. Commission adopt t`he attacheed resolution accepting the proposal of Profess1`� al '+ Concessions, Inc. for the operation of novelty and souvenir, ;i terchandse concessions on a contract basis for the annual orange. Bowl Classic Football Game at the Orange.Bowl Stadium for tree 3 (3) year period, which period may be:extended by:,the City Manatar for, `.an .additional three .year term under the same prices r; terms a and ".conditions, by mutual written. consent. The legislat%on further.authorixes the City Manager to execute the necessary T - :form t�th agreementis). Y 4 in substantiall the attached Pro.feseionaI Concessions, for this; purpose. Background: r —` Recreation arid. Public Facilities bast Th Dept ent of Parks.. 4perpared °the: attached ' legislation. Puir$uant t>D publi c notice, staled poposeis were received November. 29,= 19E r opera of novelty and souvenir merchandise concessions contract basis for the annual orange Bowl Classic Foc�tbal�ar} } —; Proposers Iwer a ;adv iced s►t ,the Orange Bowl.. 3tadfum..rM Roquek . for;'i'ropQsala (Rk'P) thae these oonceaefon rgbs; tiA y" run for.:: a ,period. of three yaxs, :.bag.innng in :tc+sr{;�.g>3� fmIf 190 . Classio, -Game, and that thi$ , 'period May-" m the3 t►7C,41, s extelid6d the city. for an additional three year ter,» > adsEr ry he { ;same pri: j . tQr as nd conditionss by mutual:. w► itten.•ecn$+ank• Te,:Ff'P~ cal..ed for successful proposer, sir; Caess+c�la.rer ; t' .,. .prow de.,.:.ali".._; ab, goods, mAterials and .s �i meat n+acea t � tie concessioneation al`s ere s►snaua>inae said an iseyr 1 tQ: the +► Kk} sa;�lit'. The Concessionaire wild. be. a l�oM► f;�r� dad lgnated $ i t+ss loc. ated on. the 8t,441 t&m o�ar�Y slur �9�� ,nnntsi game, ate: #Qr a i.imi►d p�f _ �3tadivaa �i�1�4 er ' m11�t V« 7T /I 8 rlstaill�+s the, �ci+�ht to`,11 leview and Tp,Prs�us� it+�s � ��� :4 � sa3s< IFQ.: f +e p>�lia .ict staid � 11.- > IOP 'h+�ndi tie �+�� be �i�� iE, Ff " - { ap r ►+ad b he"': 1a it+�> aai Co lw ate i eti A I ,rt At. t. _ » rya-• ; 3 sa ", ry ' — L3 Honorable Mayor and Members of the CityCommission Resolution.for Accepting Proposal/Orange Bowl Novelty Concessions for Three Years page 2 Professional Concessions, Inc. submitted the only proposal, which has ,been determined tobequalified, responsive and responsible. The firm has a four year successful record of perforgiance with the City for similar concession operations. Under the terms of. their. proposal°, the City will receive the minimum guaranteed aunt of $32,500 against 40.5% of gross sales receipts for each game, within. the contract term. The sale of novelty and souvenir items, such as T-shirts, hats,. pennants, plastic cups, and the like, has become a significant source of revenue for the Department from events such as, the Orange Bowl Classic. Revenue from the 1989 Game was in excess,of $38, 000 and we anticipate at least a five percent increase ftrr — ` this year's game on the basis of the. teams invited. :These V_• revenues :will be used for the ongoing operation of the Stadium and continued improvements to this facility. 2 Amount Pro Deed for 3-yr. Contract: .. }: $32,500 vs 40 5$ Minimum Accetab a Proposals $25000 vs._ 35> _ 1989-Contract Amount: $26,150 vs. 35.5 Minority Participations Invitations. 'were mailed to-3 Hf+� eniC" ..._. ...,._,., . , ;c Lion , owned firms and 1 woman -owned f irm. Courtesyno i Fi were sent to 18 minority firms` and orgaiaizatj.ons.Q minority owned firm responded. �, r ? v Public Heari,a alNotice: one legal adveirtisement: Assessable Projects s,$4f c.: 1 °l vy z } 1 Ds c t 4 5 5 'T a S_ 1,