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" nterohandise concessions during the Orange bowl Classic pootbali
Game,- and
%TIHREAS, Professional Concessions, lfio• Will pay to the City
a minimum guarantee of $26,15O against 35.5 of gross receipts
from such concession sales, and
WHEREAS, all concessionaires will be required to provide
adequate staff, cleanup, and insurance to the City's satisfaction
and to obtain requisite approvals as to type and -quality of
merchandise and location of stands; and
WHEREAS, such novelty and souvenir merchandise shall further
be licensed and/or approved by the National Collegiate Athletic K
Association and/or the Orange Bowl Committee, as required;
NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section l.' The City.Manager is hereby authorized to ;;execute
�;. an agreement, in" substantially:.the form attached, between the
Cityof am 'and Professional Concessions, Iric. for the sale of
`authorized novelty and i souvenir merchandise 'during they Orange
Bowl ..Cl'ass+ c Football game al Orange 'Bowl Stadium `on January r+
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1989�
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Seetioni This Resolution shall become effective
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immediately upon its; adoption pursuant to .law.
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�4 PASSED `^AND" ADOPTED this '15th'` day of December , 1988.
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TY HIRAI, CITY CLERK
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PREPARED AND APPROVED BY: '= ` ` rr 0 L
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RO—BE RT F. CLERK
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CHIEF DEPUTY`CITY ATTORNEY . L X`''"`r
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APPROVED AS TO FORM AND 'CORRECTptES6s
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CONCESSION AGREEMENT B'l:TWMEN
CITY OF MIA!!I? rLORIDA
AND .
PROF86BIONAL CONCESSIONS# INC.
FOR THB 1989 ORANGE BOWL CLASSIC FOOTBALL CAME
INDEX
PAGE
1. CONCESSION AREA$.....•........ ••••.......••......2
2. TERM.............................................3
3. PURPOSE...•..•.................••..•.............3 ,
4• FEE/COMPENSATION•,••....
5. ACCOUNTING AND FISCAL CONTROL3••.••..•9.•.9•.••••4
6, CONCESSION MANAGEMENT••.....,••••.••.....•`...•.`..S '
7• ACCESS CONTROL AND IDZNTIFICATlON.••••••o•o•..•••6
0..GOODS AND MERCHAI�IDTSE .................•........6'
9. EMPLOYEES, VENDORS ....... ......... ••••••••...•••.7
10. CONCUSSIONS OPERATxOldB..•......•.'.......`..':...•.i
11• LAWS APPLICABLE.•..........••.•••••.••••...•.•••�9
12 • LICl$NSES/ REGULAITONS .......... • . • • .." ......... • . ].Ql
13• UTTLxTTES••••••••.............•....'.•.•.........10
141. ASSIGNMENT OR TRANSFER.,.,.. •.•...• i r:.. :..`.0.10
15. CONDIT20N OF AREAo•••....•••••••.•�.:.•�•••••••.10
16.' ALTERATION BY CONCESSIONAIRE•.'......' :....'.....10
17. REMOVAL AND DAMAGE RLPAIIt...:.•.••••.••...•••s••10
18• MAINTENANCE .... ...•.••.•.. •:.•..'•'.....'•:.•all
19. CITY'S RIGHT OF ENTRY............•..:•....•.••••11
20. RISK OF LOSS...................•......•'..:a.:11
21. INDEMNIFICATION....•............................12
22. 0660012
23. PEACEFUL RELINQUISHMENT....•••...a.....••••.....13
24. GENERAL CONDITIONS..••• ...•..........•...13
25 ADVERT=SING 14
26. NONDISCRIMINATION.•.•.•.......•••••••••.••a.•o...14
27. VIOLATxOS...••••••••...•.•••••••••a .••..•••• a 0 01
28. ?AXES....•......•..• .............••..............15
29• ZNTEREST CONFERRED BY AGREEMENT.•.••.•••.•6•090015
30. COURT COSTS AND ATTORNEY'S F'L"E9......•....••...*15
31. AWARD OF AGREEMENT........ .................•....15.'
32. NON—DELE4ABILiTY...........a.. .......,.........lb. 1
33, AUDIT 'RI4HTS.•••••.a•...•...•••.......:.....•'.16•,,?/��
34. CONFLICT OF INTEREST.•.........•.•••.. •....... 1% „
35.' INDEPENDENT CONTRACTOR.......•...•.•..•..'..•...+16
36. MOM ICATI ONS • a • • • .. • • • • • • . • • . • • • a ♦ • • . .. , ......
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EXHIBIT A ♦ . • . .. .. .. . • • . • • • • . . . ♦6 ► • • • o • • • •'. • • • . 1 8 jf�c f ,
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CONCESSION Aega t"t"T
Talc CITY Or MIAMI# PLOAIbA AND PROPESSIONAL CONCESSIO"S, IINC,
THIS AGREEMENT made and entered into this day of
198%, between the City of Miami. Florida, a'
municipal corporation of the state of Florida, hereinafter
referred to as "CITY", and Professional Concessions, Ise., n fOt
profit Florida corporation, with its principal office located at
800 N.E. Eighth Street,' Ft. Lauderdale, Fla., 33304, telephone
(305) 491-7769, hereinafter referred to as "CONCESSIONAIRL".
R 9 C I T A L
WHEREAS, CONCESSIONAIRE has submitted a proposal for
concession privileges to conduct sales of authorized Novelty and
Souvenir Marehandise (the "CONCESSZON") for the Orange Aowl
Classic Football Game ( the "GAME") to be held on January 2, 1989
at the Orange Bowl Stadium, ("STADIUM"); and
WHEREAS, said proposal has been found to be responsive and
responsible and meets the City's needs for •uch operations; and
WHEREAS, the City Commission, by Resolution No.
adopted December 15, 1988, authorized the City Manager to grr+nt 1
such concession privileges by an agreement;
NOWg THEREFORE, CITY and.CONCESSIONAiRE do mutually agree
as followss
1. CONCESS103 AREAS
CITY hereby grants to CONCESSIONAIRE, or the purpose and .r
under the condition(s) hereinafter set forth, the use of
designated areas within the facilities and grounds of tiha.
STADIUM, located'at 1501` N.W. TnUrd Street, Miami, Florida, from
Which CONCESSIONAIRE shall operate the CONCESSION. In'gonexa�,
ouch areas shall be located within the STADIUM parking i0te, 'the
exterior concourse between the orange fence and the buiidinq, nrid .3
the lower level interior cancouxse• The designation vi' apeaiic
a
sites for ,AREA$•'' -,for use 'by, C4TQCE38IONAIRL'
3- i9t W E 3a 1 4 t3 P A iZ 1< S k t
STADIUM Manager, or designee, will the Dili approval of the
STADIUM'+ food and beverage 00heasSiodaire, 'Volume 8erviCe6, lab.
3 . TERM
-
The term of this Agreement shall be for a period
commencing on the 10th day of December, 1988, and terminating on
the 13th day of January# 1989.
3. PUR�P098
CONCESSIONAIRE shall conduct the authorised Novelty and
Souvenir Merchandise CONCESSION as approved by 'the Department of
Parks, Recreation and Public Facilities (the "DEPARTMENT") within
the AREAS, in order to provide such merchandise to residents,
visitors and the attendees of the GAME. CONCESSIONAIRE is hereby
authorized to deliver and set-up in the AREAS aelg-contained,
temporary tents and/or stands with equipment (the STANDS") such
as those normally used ,for the conduct of such retail concession
operation*.
The CONCESSION shall in no way conflict or interfere.with
the rights and privileges grants* by the CITY to Volume Services,
Inc. for food. .and beverage coneesaion sales. CONCESSIONAIRE
shall not change or modify +such use without the prior written
consent of the City Manager.
4. rzo COMPENSATION
In
(a) CONCESSIONAIRE Shall pay for the: privileges granted a
minimum guarantee of Twenty -Six' -.Thousand One ;Hundred
Fifty Dollars ($26,150.00), plus 6% State of .Florida.
Use Tax if ,applicable, or an amount, equal ; to, thirty-
five and five -tenths percent (35.5%)., of *ii_ gros¢,
receipts, less State Florida sales tax,from the {`
CONCESSZON,,whicrever-is greater..
(b}. -A .,non-refundable deposit of ; Five Thauaand,: Dollasra
5 �k
($5000) shall.be payable teh ; CITY on .or before .Decgml�e; h a
?7i 1988 and shall be *applied by, the CITY, against <` G
Y
Minimum Guarantee. ' Total gross ; receipts : ehatlt:
• tallied at the .close of the.; CONCE3$2oN, , or .no 1a�or
January 3, 1989• sand the :$alana+�. of. .the minium ;'A
}
,.,yuprontee,;and;-, any, other,.44M.P due.:.a� the per"14oenf�tipo
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gross receipts shall be paid at that time► or in anv
case, no later than January •7, 1999: Such payment
shah 'be aaeompanie4 by a statarhent of. grass revenue
for the entire CONCE582090 with suOh supporting
documentation as may be required. It is the intent of
the City that it is to receive all amounts as net, free
and blear or all costs and charges arising from or
relating to said operations. All revenues generated
from this Agreement will be credited to Parka,
Recreation and Public Facilities, Orange Bowl Stadiums
enterprise account.
(a) The term "gross receipts" as used herein, shall mean
all -monies paid or payable to the CONCESSIONAIRE for
sales Made or services rendered at 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 taxes imposed by local, County, State or
Federal law and paid by purchaser of, any item sold by
CONCESSIONAIRE or any other authorized serviceor
activity of the CONCESSIONAIRE directly payable to: -AL
taxing authority shall be excluded from ithe computation
of "gross receipts"
"Ali Cash shortages are to be absorbed by the
CONCESSIONAIRE and are not to be deducted from gross
receipts. Bad debts, returned cheeks and charges for
`returned checks are also hot to be deducted from gross
receipts.`
5. .ACCOUNTING AND FISCAL CONTROLS v
The form' of all reports shall have the 'prior approval 'of fj
the DEPARTMENT. CONCESSIONAIRE shall make' availabl'e to 'the
City, a daily opening and closing inventory of all g4ode, �
'-souvenirs, -novelties and/or 'merchandise and shall"'keep m ��
record of gross sales of " ai1 CONCE8SxON goods► rend! °r
me�rchand ie by category:' The payment of Stato of; `` F1ori
$$1ea TaX, on, CONCE lStOp good ens martahandiiea ' s }� ►
wl=b 14r�0 I=APWM.
raapOnAlbility of CONCESSIONAlltt and such tax *`hail be
included in the price Of the goods and Me=ohandifte.
CONCESSIONAIRE shell a110w the City to inspect. cheek
and/or inventory CONCESSION goods and merchandise and to
inspect the STANDS and areas prior to openingo during- thft
operation and/or after the close of the CONCESSION. At the
conclusion of the GAME and/or COt4CE5SI0N operations on or
before January 3, 1989# CONCESSIONAIRE shall submit a
report to CITY detailing gross concession sales by
category, applicable taxes and payment due the City -
Required payments) shall be due and payable at that time,
and shall be remitted no later than January 7, 1989-
-
Wherever practiceable, the City strongly recommend$ the usa
of portable cash registers to record sale*.
6. CONCESSION MANAGEMENT
A. The CONCESSIONAIRE may utilize its own employovs or`may
authorize other persona, firms .and/or organizations to
operate individual concession STANDS. For the purposes
ot:: this Agreement, the employee, person, firm or
r
organization operating an individual concession stand
shall hereafter be referred to as "VENpOR(93n . . , The
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CONCESSIONAIRE alone is responsible do properly inform
all:`VENDORS of the times, locations, allowable goods'
'Merchandise, and all other provisions and requirements
stipulated by the City for the CONCESSION. The
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CQNCEgSIONARE shall be responsible to *sues tr►e
performance of .all such provisions and requirements `and
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will be held liable for breach of same-
S..required by' .City, CONCESSIONAIRE shall : furni$'h , to iA
'STADIUM Manager a- list of all authorizacl ": VENDORS, -,"'within
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24t after, such request .and 'shall indicate; the': charge or
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compensation required from VENDORS* �
C. The CONCESSIONAIRE : Shall , have adequata auparviero�cy,
ty : euccesafu�iy
accounting and other necessary ecaFg
nage; and 'operate the CONCESSION. The ' CONCESSIAAxR�
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41te1,1 cooperate . fully and comPlOt.01y with. trhe Cityw tA� Q .
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agents, officera, and employees including police and
stadium staff, and with Volume services emplOyees anal
Orange Bowl Committee members $
`. ACCESS CONTROL AND IDENTIVICATloNs The! CbNGL$SZONATRE
shall furnish each. VENDOR with identification . a110ving `
access to the STADIUM. VENDORS without proper
identification shall not be psi -muted 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 authorized for
wale at that STAND. The CONCESSIONAIRE will be responsible
to provide a "Vendor Patrol" to ensure compliance with this
provision•
8. GOODS AND MSRC14ANDISES
A. ea The CONCESSIONAIRE shall offer a variety of
noveailty and Souvenir merchandise to the public, with es
to moderate"price range*
portion in the low Recommended
ts,
souvenir merchandise includasr ha- caps, t=e111rta;
4;
sweatshirts, p
ennants, _ plastic :`'glasses. The; -sale
of
general, non -souvenir "merchandise 'such:as `binoculars abA
camerae is subject to the' review and approval o! tfiee
- 4
STADIUM Manager, or designee. The: sale of Programs,:. is the
exclusive' privilege of the Orange Bowl Committee. R'1r• sane
of -large air horns, loud noisemakeera• and home Which
create health* safety rend/or;maintenance problems shallbe
prob ib i.tted .
B. Prior Approval''of CitY% Proposed goods, merchandise
and their price ranges shall be have the prior approval of
the. STADIUM Manager, or designee. No litter than'forty-
eight '(48)- hours prior to the GAME or start of 'CONCESSION
sal"as, CONCESSIONAIRE shall furnish City with a: 'shall
and u
rice schedule3 for all items to be sold. The City
P reserves i
y
the right to request, review and/or'apPr*Ve'snmplea of-a11
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'tsf! a
merchandise ir►, - advance of .. -purchase sale,
by ,
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CLicencingt Only souvenir merchandise that han bean
�.� ate.
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 *'hall
include any goods that bear the name, image, logo or other
reference to the King Orange Bowl Jamboree, the vAML, the
University of Miami and/or the University of Nebraska.
D. Quality_: All merchandise shall be of tfie highest
quality Available in its retail price range. Violations of
this provision will be cause for a finding of default. All
goods and merchandise shall be sold in accordance with all
applicable retail merchandise laws and regulations, and
shall adhere to the highest industry atandards for
merchandise of its type.
9.' EMPLOYEES, VENDORS
CONCESSIONAIRE'S employees and VENDORS shall wear uniform*'
and each aball have a numbered identification button (each
having a unique number) attached there to- in plain view.
Where permitted 'by City, VENDORS allowed to room the
STADIUM and its grounds (hawkers) shall additionally wear a
headdress and marker indicating# in plain view, the price
of the: particular commodity being sold. Lmployeee and
VENDORS shall be neat, clean, well-groomed, 11terate, able
to make change and handle sales transaotione, and exhibit
edurteay to the public.
100 CONCESSION OPEPATiONB
(a) Locations: at,ocation of CONCESSIONAIRE stands, which shall
not restrict normal vehicular or..pedestrion traffic, aro to be as
specified and approved by STADIUM Manager, or. designee, witty the
kf
full approval of Volume Services, Znc. Once a location has `been
approved, CONCESSIONAIRE cannot relocate STAND without STADIUM-.
�k?
Manager's approval, nor shall CONCESSIONAIRE sell any goods
outside of the designate4 AREAS. Roving concession operations
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(hawkinq) may permitted only upon the complete review
• ik''�k.�
Approval of the STADIUM Managers, or designee, after con sultatioii
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w�,th Volume, Services, Inc. And the Otonge� Bow#. CQMMitteA. s r .,
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(b) stands and Equipmentt iONCESSIONAIM shall furnish, equip
Ond 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 OT CONCESSION
operations. Size requirements for STANDS are to be determined by
the CONCESSIONAIRE, subject to space limitations for specific
locations and requisite City approval&. All STANDS are subject
to the approval of the STADIUM Manager, or designee. All
property of CONCESSIONAIRE, including without limitation, th6
stands, equipment, refuse containers, and stock, shall be
completely removed by CONCESSIONAIRE no later than January 10,
1989. '
(c) Maintenance% CONCESSIONAIRE shall clean up all garbage and
debris within 20 feet of STAND(s), and shall provide a minimum of
two (2) 94rbage containers for each STAND, or as required by the
DEPARTMENT. AREAS shall be kept clean and sanitary at all times.
CONCESSIONAIRE shall dump trash into a dumpster or suitable
container provided by CONCESSIONAIRE for removal by CITY forces.'
CONCESSIONAIRE In responsible for the performance final. Clean-up
of the AREAS, in accordance with the terms of this Agreement.
(d) Pricest CONCESSIONAIRE shall offer a variety of eoncesslgn
items with a significant portion in the low to Mroderate price
range, as per the attached price list (Exhibit C).
CONCESSIONAIRE shall provide and display during all hours of
operation a printed price list showing all prices and items for
sale. State of Florida sale tax shall be included in the price
of,each item and accounted for.
(e) Invento and Availability% 'CONCESSIONAIRE, small ensure
that VENDORS and STANDS have adequate inventory to service the
needs `of the attending public throughout CONCESSION operate" ,k
hours-. City Will. allow CONCESSIONAIRE the use of a "QeeignateQ a7
area for 'warehousing, distribution and office. CONCEsSZQNA'iRE
shall` make available to DEPARTMENT, a daily opening, and aZoz�irig v
4nventory of itemA as required by Lhi"s Agreement.
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( j Taxes CONCESSIONAIRE be responsible for peym6nt of all
sales taxes on merchandise sold.
tg) Utilitiess All STANDS shall be self-contained a& to water
and electrical requirements, Unless otherwise approved by STADIUM
Manager or designee. Beyond those already available in the
AREASt CONCESSIONAIRE shall be responsible to arrange and pay for
for any additional utility hook-ups required for they CONCE881ON
and shall obtain the approval of the STADIUM Manager or designee
prior to installation of any such requirement.
(h) Set -Up and Break Downs CONCESSIONAIRE shall be permitted to
not up operations beginning at 8s00 am. on December 28, 1990, and
all gist -ups shall be completed in all AREAS no later than 4100
pm. on January 2, 1989. CONCESSIONAIRE shall remove all effescte
and clean-up each AREA daily, to the satisfaction of the
DEPARTMENT. Final clean-up and removal of CONCESSIONAIRE effects
shall begin immediately upon the conclusion of the GAME and shall
be completed by January 3, 1989, The CITY reserves. the right to
remove from the AREAS all CONCESSIONAIRE effects remaining in or
on the AREAS after January 7,.1989,'in accordance with Section 17
of this Agreement.
(,i) Hours/Days of Operations CONCESSIONAIRE may open approved
STANDS in exterior. AREAS for business on December 30, 1988 and
may operate therein between the hours of 10s00 am. ;and 7:00 pm.
daily. On January 2, 1989, the CONCESSION shall be open for
business by 10:00 am, within exterior AREAS, and by 6100, pm. r
within the STADIUM proper, and shall conclude as demand dictates..
Exceptions to these hours may be granted or directed by. the.
STADIUM Maneayer or designee.
LAWS APPLICABLE
CONCESSIONAIRE agrees to comply; with all laws of.the State
of Florida, and: Ordinances of the City of Miami and Dade County., �
t
Florida which pertain to the CONCESSION and privileges granteacl
'herein, including but not limited to building codes, vending h�
or4inrnces, . and State and County Health regulations, rasa tide.. epme�
pr%iiipr tl;y exist. and set they may be amended. '�
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12� LIC999ES/REGOLAT_IONS1 The CONCES9109 Shall be folly
licensed in accordance with all applicable state and local,
ordinances regulations including Chapter 31, entitled City of
Miami occupational License Ordinance. CONCSSSIONAYRL shall abide
by all pertinent, rules, regulations# ordinances and laws of t'he
City of Miami, County of Dade, State of Florida and the United
States now in effect or hereinafter adopted.
13• UTILITIES
Unless otherwise provided herein, CITY shall provide
utilities as they presently exist, including but not limited to,
electricity, water, gas, and sewage disposal, Trash and garbage
removal from the STADIUM shall be provided by the CITY as
detailed herein.
14* ASSIGNMENT OR TRANSFER
Without the express consent of the CITY, CONCESSIONAIRE
cannot assign or transfer its privilege of entry And use: 'granted
unto it'by this Agreement.
15. CONDITION OF AREAS
CONCESSIONAIRE hereby accepts the''AREAS. in i'ts present
condition and agrees to maintain.it in the same condition, order
and repair as it is at this time, at CONCESSIONAIRE'S cost and
expense, except for reasonable wear and tear.
169 ALTERATION BY CONCESS20NAIRr:'
CONCESSIONAIRE may not make any alterations, additions;
r
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 fire
submitted for approval. All IMPROVEMENTS must' be -iiv conformance
with the applicable provisions of Section 11 hereof. The cost of '.tz`
such IMPROVEMENTS to the AREAS shall be borne by and. ie► tYie� {4 ;
financial responsibility of CONCESSIONAIRE.
170 ' REMOVAL AND DAMAGE" REPAIR
CONCESSIONAIRE shall have the right .'to remove eny 'movable f}
p`ersonal Pre ertY � equipment :or' lixturee ghatit I., aoesa in th'= z`"
AREA$'. All `sueh'•proparty . 4x'' IMPROVEMENTS ' w?iih . are'�iots tseRtovrr4 'x�;Ar
`r --00 WtEb 1 4 AAI:ZKS h
by CONCESSWMIRR it accordance with the terms detailed hereiht
+hail become the property of CITY, or, CITY shall invoice
CONCESSIONIIRE to cover CITY's costa for storage and removal of
same in the manner prescribed herein. If any part of the SlADSUM
Ala in any way damaged as a consequence of CONCOSSIONXIAE'e
operations or by the removal of such items as stated in herein,
said damage shall be repaired by CONCESSIONAIRE at its sole cost
and expense. Should CONCESSIONAIRE fail to remove its property
or to repair any damage caused to the STADIUM within ten (10)
days after the receipt of written notice from CITY directing
same, CITY shall cause the performance of same at the sole cost
and expense of CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY the
full cost of such removal, storage, rehabilitation and/or repair*
Within ten (10) days of receipt of an invoice indicating the coat
of same. railure to pay such invoice shall be sufficient cause
for CONCESSIONAIRE to be found in default and to terminate the
Agreement. Notwithstanding the above, CITY reserves the right to
terminate this Agreement for CONCESSIONAIRE'S failure to repair
the STADIUM as directed, without the necessity. of CITY repairing
the STADIUM.
let MAINTENANCE
CONCESSIONAIRE agrees to maintain the, interior and ,tha,
exterior of the AREAS in good order and repair at ell times, and
in an attractive, clean and sanitary- condition- during. the
Specified period under this Agreement or any extension hereof.
19.. CITY'S RIGHT Or ENTRY
CITY, or any, of its properly denigrated agents,
representatives# or employees, shall have the right to enter... said
AREAS during all reasonable working hours, to. examine and/or
inspect the same.
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.
'210. RISK. OF LOST!
r
CONCESSIONAIRE, shall indemnify,and save_.harmleas CITY, i,ts
agents, officers and employees, against. all Brisk of.. lose, _ injuz�r
�
or damage of ,any kind or nature whatsoever -.to progeas•�y�
`+s
�y
merchandise,, goods orequipmen; now or hereafter.... placed on
yx
within ;nay d AREA$,_ . and .ail riaX or loan, , in jpxy; or damage 4f any
f ' . OV
$f Witfi i BAR S lzk td a i
kind or nature whatsoever to the. contents of such 8TARbS, n6n-
p9rmanent structures, trailers or buildings of CONCESSIONAIRE, or
improvements made by CONCESSIONAIRE to the structure or
structures, or to any goods, chattels, inerohandiss or to any
other propert)t that may riow or hereafter be placed upon saLA
AREAS, whether belonging to CONCESSIONAIRE or others, whether
said lose,, injury or damage results from fire, hurricanes, rising
water or from any other cause or other contingency, and whether
the same be caused .by the claimed negligence of CITY or any of
its employees, agents, oI• otherwise, and to keep harmless CITY
from all claims and suits growing out of any such loss, injury or
damage.
21. INDEMNIFICATION
CONCESSIONAIRE covenants and agrees that it shali
indemnity, hold harmless, and defend the CITY, its agents and
employees, officers and employees, from and against any and all
claims, suits, actions, damages or causes of action arising
during the period of this Agreement, and any extensions hereof,
for any' personal 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 tbereon, and from and against
any orders, judgments, or decrees which may be entered thereon,
and from and against all costs., attorney's fees, 'esxpensea and
liabilities incurred in and about the defense: of any such claim X
and the investigation tbere*f. .
F
22., INSURANCE
CONCESSIONAIRE shall maintain throughout the period of this
N
Agreement, and any extensions hereof, the following insurance&
A. General Liability Insurance on a Comprehensive General a
'Liability coverage form or its equivalent, with a combined
single limit of at, least $1,008,000 for bodily. injury "r
liability and property, damage liability. Products andOy
Completed Operations eovesrage, leraor►ai In ju�cY, �a�ti
Contractual Liability, and Premises Medical Paymente� `��?
coverage shall be included. C2TY *hail bs "
named ae a
Rdditi:onal Inaur A on all insuaranae
} [ tzB 4; .rj�
14
at All Risk Property insurance coverage on a repia0
0"ht
Cost
basiS for real and personal property located at or on
the premises unless said personal propesrty is ownaa by,
C0NCES8=011A2Rz*
Shall be named as an additional In
euxed do All
such liability policies.
D. Workm an's Compensation Coverage as required by Fioride
Statute 440•
ired 6?1a11 be
Policy or policies of insurance requ
D. The po Y not be
so written that the policy or policies may
cancelled or materially changed without thirty c30i days
advance Written notice to CITY being delivered to the
Insurance Manager, Law Department, P.O. Box 338708� M1emi,
Third Avenue,
Florida 33233-0708 or 1 BE
Miami, gioride.
current
Certificate of Insurance showing the required coverage
A CITY.
lie4 to the Insurance Manager of the
Shall be supp Omanise
insurance policies required above 811all be issued by
cP
agthorized to do
business
under the laws of the State of `Florida.
with the following qualifications as to management and financial
as to
must be rated no lass than► ?►
strengths The company,
ement, and .no Teas than class Y as to linanQiai att'engttl►
in
manag
Dest's Insurance
accordance with the latest edition of A. M• >r
Guide. eat Company:
P
ublished by Alfred M. S
=ne.,.1�►beat Road,
t. Olcwick� New Jeracy f�8858.
23. PEACEFUL RELINQUISHMENT
iration of this Agreement per or any
At the exp
ithout`demand quietly.
CONCESSIONAIRT
extensions hereof,
shall, w Y`
and peaceably
relinquish its use of the }AREAS in sa Sops
{
a
condition as it is now. except for normal wear and .tear; Such
relinquishment also being required, Upon demand of the City 4„
x provisions o� Sections 2 an
pa' 20 hereof, ,t ,
pursuant to the
€ Manager, p r'
f r `as may otherw
Lee be directed by `CITY.
o _ 'sa
! 24 • -3ENERAL C
ONDITIONSQ e .
t or
y A,. All notices or other communications w2li
cr;ahali y
y Y
ail shall 'ba in writing-a,nd' aha1� r
bra given pursuant o t1114 Agzeem
. re' iptered':ma�l +ad'�777
y
beruonaL $ervica� or 1?
cleilwered y p r
i � ,a 7} Y'4 } �r• Z d•
IS
the • other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed
givsh on the day on which personally served; or• it by mail, bn
the firth day after being. posted or the date of actual receipt,
whichaVer is earlier.
CITY OF MIAMI CONCESSIONAIRE
City Manager
Attnt Parks, Recreatl,on and
Public Facilities Dept.
City of Miami
P.O. Box 33070E
Miami* Floridan 33133
Professional Concessions, 2ne.
800 NE -Eighth Street
Ft. Lauderdale,
Florida 33304
B. Title and paragraph heading* are for convenient
reference and.are not a part of this Agreement.
C. in the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents, the term* of this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequomt breach of the same or
any other Provision hereof, and no waiver shall be effective
unless made in writing. "
E. Should any provisions, paragraphs, sentence*, word* or
phrases contained in this Agreement be determined by a court of
competent jurisdiction to. be invalid, illegal, or otherwise
gnenforceable under the laws of- 'the State of Florida or CITY,
{
then such provisions, paragraphs, sentences, words or phrases t
shall be deemed modified to the extent necessary in order to. r
conform with such l4we, or if not modifiable to conform with such
laws, then game shall, be deemed severable by CITY, and in either
r �
event, the remaining terms and provisions of this Agreement shall t
remain unmodified and in lull force and effect. pgI
25. ADVERTISING t,a
r kryrfa
CONCESSIONAIRE shall not allow any signs or advertising
matter to be placed either in the interior or upon the, exterid ;1+
of the AREA or -grounds without having first obtained the
of the DEPARTMENT director or his designee. ;
26. ' NONDISCRIMINATION
CONCESSIONAIRE shall not discriminaq ag;ainsC any peI•ponp
•;. ,.:.- ..._ .. ., -. -r ` t 'tic w ,E�� ' ,r�$:r,�'4i.
s:
on account of race, color, sex, reliyloue ar+ad, an.c4i�txy
-�3�1 nriain _or bandj.cep In -the conduct Al` thA CC�SCEISi1°,#Y=:'.�}
$` Is-09. Wkb 14 aALIN
' . 21,0LATIONS
t
If CONCESSIONAIRE in any, manner violates the restrietione
and conditions of this. Agreement, then, and in that event, meter
ten (10) days written notice given to CONCLSSIoNAiRE by the City
Manager within which to cease such violation or to correct such
deficiencies, and upon failure of CONCESSIONAM to do do after
such written notice# thin Agreement is hereby terminated
automatically without the need for other or further action by
CITY.
28. TAX139
During the period of.this Agreement CONCESSIONAIRE shall
pay any and all taxes of whatever nature lawfully levied upon or
assessed against the CONCESSION or the AREAS as the same: relate
to the CONCESSION.
t
29. INTEREST CONFERRED BY AGREEMENT
The provisions of this Agreement do not conetitute,a lease
i
and -the rights of CONCESSIONAIRE hereunder are not those' of a
' tenant. No leasehold interest in the AREAS is. conferred. upon
CONCESSIONAIRE under the provisions hereof. -
30t COURT COSTS AND ATTORNZY'S FEES
In the eventthat it becomes necessary for CITY to, s
institute legal proceedings to enforce the provisions of .the
i Agreement, CONCESSIONAIRE agrees to pay c2TY's ceouft coats and
r }'
attorney' s fees `x
31s AWARD or AGREEMENTa
CONCESSIONAIRE warrants that` it has not employed or'`
P
retained any person employed by CITY to solicitor secure this x
tt
Agreement and that it` has not offered to pay, paid, or agreed to Y{
f
• as ��
PAY any person employed by' CITY any' lee, commission, parceentage
broker,n a fee, or ift of any kind. eontin ent upon -.or
resultii, �`
9 9 9
trom`the award of this permit. r
32. NON-DELEGhBILITYs
} �Sf7<ys 7ff
The obligations undertaken � by CONCESSIONAIRL".. purourtio ,° s
thin Agreement' shall not be delegated or- 'asaigne& to =any _other x�r.
person. or, firm unless CITY shell first consents in• -I -writing
�) f
pe.rlormanee o>• ' assignment; of euvit ; servaalos. qr., enyti�ofy r
enothear person or firms rr4 sty:
CITY reserves the right to audit the records of
CONCESSIONAIRE at any time during the performance and term of
this Agreement and for a period Of three years after final
Payment is made hereunder, if required by City, CONCESSIONAIRE
shall provide CITY a letter from an independent Certified Public
Accountant (C.P.A.) • which establishes that CONCESSIONAXItt'S
internal Controls are adequate to safeguard its assets and
accounting transactions. CoNcESsIONAIRE shall
properly reconcile
furnish to any authorized representative of the DEPARTMENT or
Department of Internal Audits and Reviews such books of account
and financial statements pertaining to the CONCESSION. other
than CITY audits, the cost of such fiscal controls shall be borne
by CONessSTONAIRE.
34. CONVICT Or INTEREST:
.` 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. CONCL95ZONAIRE further
covenants that, in the performance of this Agreement no person
haul"ng' such` conflicting interest shall be employed. Any such
interests on the part of CONCESSIONAIRE or its employees, must be
disclosed in'writing to CITY.
$) CONCESSIONAIRE is aware of the eonfIict of interact
a:
laws og City of -Miami (Miami CityCode Chapter 2, Article V), 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:�c
r.
ss.
resoecte with the terms of said 1CL;ws.
Fr. ;
35. INDEPENDENT CONTRACTORt
CONCESSIONAIRE and its employees and agents sh"all "1>e
n a j..
contractoxs, and not agents or empioypes A.
deemed to be independent
of CITY, and shall not, attain any rights or benefits .,under Chet„u
x�7
Civil Service or Pension Ordinances of tY►e City or any xightis tau
i
general afforded classified or unclassifieel employeasT 'furtl
9 y
its em to Qes and a�ente shall 'not be deemed > entitled to
P Y
Worker's Compensation benefits as an.employee..of-'the CITY. ; .
(*t
CITY OF MIAMI, FLORIDA
MNAGEMENT DIVISION
- j�ROCUtiEMENT 8ID NO• 88.89-fib!
BID SHEET
AND BIDDER ACKNOWLEDGEMENT MUST BE RETURNED IN
IMppRTANT: BID SHEET PS IDENTIFIED BY BID BOMBER, TIME
—DtIPLIGTE IN THE r►TTACHSD ENV�+OREDo, A BID WILL
F 9zCuRITY Is RZOU
AND DATE OF BID OPENING- IOR BOND IS SUBMITTED IN TRIS
BE ACCEPTED UNLESS THE DEPOSIT
20ryEIAPB .
Tarns: NE. (include cash discount for prompt
payment, any)
if awarded all items
Additional discount of � .
c --I ^
Warranty and/or guarantee:
State any
necessary):
Delivery:
Order.
variances —to specifications
(use separate sheet if
calendar days required upon receipt of Purchase
Delivery Point(s): As indicated in the Specifications
ai
tlo
In accordance wLth• the Invitati and Generaltinformationato Bidders, we
Conditions, S ecial Conditions, Q -e•@9 4nAicated_On the attached b
a ego urnish"�the 'Femme" .�.
NAMES OF COMPANY OFFICERS
N
AMES OF COMPANY OWNERS) s
Ac uEQTL R. .11
5bo
v 7. J ANNENE g�t�FR
5 (please use the back o this page if m re space s neces ary
MINORITY PROCUREMENT COMPLIANCE _ _�--
bid er acknowledges that Zt h a nee o Ci y of
-c6Py Of
The undersignedrit Pr ement Or
in with all applicable substantive and
M a grees to comply including any amendments thereto.
procedural provisions therein,
BIDDER: R • � i�� r• Signatures
company nameZ62L
96f 0
Print Name
Indicate if Minority Business:
Date: IQ/ �, v�
[ ] Black DQ Hispanic � women
-- �....�..w AKiTQ,
TA
B.._s
55'
CITY OF � MIAMI, FL081bA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
Cesar H. Odio
PROM ` City Manager
DATE : 1 `y "+ n, { ffl§u
FILEResolutithorizing
SUBJECT: Novelty Concession Agreement
for Orange Bowl Game
REFERENCES:
ENCLOSURES:
RECOMMENDATION:
it Is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute a
concession agreement between the City and Professional
Concessions, Inc. for the sale of authorized novelty and souvenir
merchandise in connection with Orange Bowl Classic Footbal•1 Game
on January 2, 1983 at the Orange Bowl Stadium.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities, with
the assistance of the Law Department and Purchasing Office,
sought informal proposals for the conduct of food, beverage and
novelty sales during this year's Orange Bowl activities. Two
proposals were received, and it .is recommended. that separate
contracts or permits be awarded for the various concession
operations.
In accordance with City Code Section 38-45, the City Manager will
issue permits for concession privileges in Bicentennial Park and
adjacent areas for the King Orange Bowl 'Jamboree Parade.
Plantations Concessions, Inc. will conduct food and beverage
sales, paying a minimum guarantee of $12,200 vs. .31% of gross
receipts, and Professional Concessions will handle novelty sales,
paying $3,000 vs. 30%. (The previous Parade concessionaire paid
only a flat $7500 for both food and novelties.)
Alternatively, Commission authorization is required for similar
operations in the stadiums. The recommended concessionaire for,-,
novelty sales is Professional Concessions, Inc., which offered .
.$26,150 as the minimum guarantee against 35.5% of gross sales for
the Game. In previous years, novelty.sales during the Game were
based on 35% of gross- receipts with no 'minimum. Last year's
�A
revenue to the City from Game novelties was $ 42,702. (Food
concessions will be operated by Volume Services, Inc. under their
existing contract.)
Concessionaires will provide liability' insurance, required
licenses, sales audits reports and all staff. Placement of
stands, access control, cleanup, prior approval of merchandise to
be sold and other requirements will also apply. Souvenir
merchandise shall be licensed or ,approved by the NCAA or the
L
Orange Bowl Committee, as applicable.
,t
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