HomeMy WebLinkAboutItem #03 - Discussion Itemaccepted
RESOLUTION NO.
A RESOLUTION ACCEPTING AND APPROVING'THE
CITY MANAGER'S ATTACHED PROPOSED AGREEMENTS
,FOR A SCALED -DOWN SCOREBOARD SYSTEM AT THE
ORANGE BOWL STADIUM AND FOR THE -SALE OF BEER
AT THE ORANGE BOWL STADIUM; SAID BEER GREE-
MENT PROVIDING THAT THE PRESENT CONCE SIONAIRE
SHALL SELL BEER FOR PERIOD ENDING. TH THE
TERMINATION DATE OF THE EXISTING CON ESSION
AGREEMENT ON JULY 11980.AT WHICH TIME THE
CONCESSION OPERATION WILL BE OFFERED FOR PUBLIC
BIDDING AND THE PRESENT' CONCESSIONAIRE BE GIVEN
THE OPPORTUNITY TO -MATCH THE HIGHEST BID, AND
THAT THE MIAMI DOLPHINS, LTD. MODIFY': THE .3-YEAR
ESCAPE' CLAUSE CONTAINED IN' THE P ESENT STADIUM
LEASE: AGREEMENT BETWEEN THE CIT AND THE MIAMI
DOLPHINS,LTD. TO=A`' 4-YEAR ESC PE CLAUSE; AND
'AUTHORIZING THE CITY MANAGER PRESENT THE
AFORESAID AGREEMENTS TO THE M AMI DOLPHINS,.
LTD. FOR CONSIDERATION BY THEM FOR A MAXIMUM
PERIOD, OF THIRTY DAYS.
Section 1. The, attached proposed :agreements are hereby
and approved for `a scaled -own scoreboard system at the
Orange Bowl Stadium and for the s le of beer at the Orange Bowl
Stadium', said beer agreement providing that the present concessionaire
shall sell beer for a period ending: with' the termination, date of
the existing concession agreement on July 1, 1980 at which time the
concession operation will be
present concessionaire'be
bid, and that the Miami Dolphins,
contained°in'the present stadium
and ; the Miami ;Dolphins:;
offered for public bidding and the
iven the opportunity to match the highest
Ltd. modify the 3-year escape clause
lease agreement between the City
Ltd. to a 4-year escape clause.
Section 2.itThe City Manager
the
hereby authorized to present
aforesaid agreelents to the Miami Dolphins, Ltd. for their
con-
sideratio
n for a maximum period ofthirty days.
PASSED AND ADOPTED this day of
"DOCUMENT)INDEX
ITEM NO.
1979
�i:lG rsa i'.a
r.
ORANGE BOWL;
SCOREBOARD AGREEMENT
THIS AGREEMENT, made and entered into this
day of_ ,197_,,between the City of Miami,.a
municipal corporation organized and existing under the laws
of the State of Florida•(the "CITY") and the Miami
Ltd, a Florida limited partnership (DOLPHINS).
WHEREAS, the City is the owner. of the
Bowl Stadium (the "ORANGE BOWL") located at
/,_
Street,
Miami
1500 N.W.
Dolphins,
Orange
Miami, Florida; and
WHEREAS, the DOLPHINS is the owner of a National
Football League franchise which utilizes the ORANGE BOWL for
Miami Dolphins professional football home games; and
WHEREAS, the CITY and the DOLPHINS are mutually
desirous of renovating and upgrading the present ORANGE BOWL
scoreboard system; and.
WHEREAS, the CIS:
Y has been conducting negotiations
with Stewart -Warner Corporation relative to installation
operation of a scoreboard facility for.
the ORANGE. BOWL,
since authorized to do so by Resolution No.
and adopted by the City Commission on May 8,
WHEREAS Stewart -Warner Corporation has, at the
request o f the CITY Administration, now designed and offered
=
1 t th CITY a scaled -down scoreboard system, the.
and
75-958,
passed,,
1975; and
for sae o e
cost of which can be amortized over the three year guaranteed
ORANGE' BOWL use Agreement with
life
the.
of the:CITY'S-current
)OL HINS; and
WHEREAS, the CITY
and the DOLPHINS are willing
mutually and equally share the cost of installation of
pr posed scoreboard system and also to mutually and equally
s are the revenue realized from sale of scoreboard advertising;
NOW, THEREFORE, the parties hereto represent,
to
covenant
and agree as follows:
the
1. TERM:
That the ,term of this Agreement shall commence on the
date first shown above as the date on which 'it was made and.
entered into, and it shall remain in full force and effect .for
a term which shall coincide with the term of the Agreement of
June 8, 1977 between the CITY and the DOLPHINS, Under which the
DOLPHINS play their NFL football home games in the ORANGE BOWL.
The aforesaid Agreement is operative through and including "the
the 1986 regular football season as defined therein.
b. That paragraph 2(b) of their
shall be amended to read as follows:
agreement
agreement of June
1977
"(b) At anytime during the term of this Agreement
that appropriate financing is approved.for-,the
construction of a major new stadium facility within
PARTNERSHIP'S° National` Football League franchise
'area by any governmental unit or private agency or
firm, PARTNERSHIP shall have an option to cancel
this Agreement upon four year's written;`notice"to'
CITY, provided however, such cancellati"on°shall not
become effective until such Stadium is completed
and ready for occupancy by PARTNERSHIP."
That if the above revised paragraph 2(b) of
of June.
1977.i
agreement shall terminate
service
f.notice of
their
exercised by the. DOLPHINS, then this
coincident with the'date of
cancellation,
reimburse. the DOLPHINS
scoreboard system, according
for its unamortized
a schedule
immediately
and the CITY shall subsequently
investment in the new
of payments to " b
upon by`.the "'parties hereto.
2. SYSTEM PURCHASE:.
necessary
CITY and
the cost
system, as hereinafter provided, described in a letter
e agreed
The DOLPHINS shall make the funds
to purchase and install the scoreboard system but
the DOLPHINS will each be responsible to pay one-half of
of designing, manufacturing, installing the scoreboard
entire expenditure of
and
1977, from Mr. John G. Finlayson, Program Manager
Display Systems, Stewart -Warner Corporation, to Mr.
Director, Department of Stadiums and Marinas, City of
to in a subsequent letter of December 22, 1977,
referred
f
the
July 12,
Information'.
R. L.
Jennings,
Miami;
and:.
from Mr.
W. O.Boss of Stewart -Warner Corporation to Mr. Charles L.
City Manager, City of Miami, which offered to sell
described scoreboard system, installed and operating
Assistant
previously
Crumpton
the
(including training of operating personnel).
b. That the contract with Stewart Warner Corporation for
design, manufacture, and installation of an ORANGE BOWL scoreboard
system, shall be submitted to both parties hereto for review and
approval and, after approval, shall be executed by both parties
hereto as purchasers.
That unless terminated in'accordance with paragraph
lc. above, the DOLPHINS shall retain title to the scoreboard
system and all of its appurtenant and supporting parts until the
DOLPHINS have fully amortized their capital investment in, such
system.. Upon complete amortization by the DOLPHINS of such capital
title to the scoreboard system and all of its appurtenant
investment,
and supporting parts shall be
however, upon.the
systern appurtenant and supporting parts shall become
and the DOLPHINS shall
any interest therein. The CITY shall reimburse the
DOLPHINS for the'City's proportion` of. the cost of purchasing and
the scoreboard system, together with .theCity's.proportion
of -any interest on the remaining balance of any amount borrowed by
the DOLPHINS to purchase and install the scoreboard system, .through
deductions from the CITY'S share of gross advertising revenue from
the scoreboard syste m as_provided`in paragraph 5 of this Agreement.
The DOLPHINS shall provide the CITY with evidence satisfactory'to
no longer
and all of its
the sole and exclusive property of the CITY
have
installing
expiration
conveyed'to theCITY. " Provided,
of this Agreement the enire
the CITY of the actual amount of
deduction as provided in paragraph 5 of this Agreement.,
3. SYSTEM OPERATIONS:
a.' That for the entire period of
scoreboard system shall be exclusively an
and maintained by CITY personnel retained by the CITY. The
scoreboard
interest
paid, with each such
the
this Agreement
d unilaterallyoperated
systemshall be operated, and advertising material presented.
thereon; however, in accordance with procedures and programs
mutually developed by the parties hereto.
b. That those personnel to be trained in scoreboard
system operation and/or maintenance by Stewart -Warner
Corporation shall be primarily CITY personnel, but that the.
DOLPHINS shall'have the right to also
two (2) personsto attend this training.
c. That the CITY shall have the privilege`of.utilizing
the message line portion of the scoreboard system, o
reasonable basis, for display of announcements pertaining
to coming events at the ORANGE BOWL, or of a public interest
nature.
ppoint amaximum o
n a
d. That by virtue of the following quote from an'.
Agreement of July 26, 1976, between the CITY and the Orange:
the DOLPHINS are hereby advised of certain
presently legally binding on the CITY.
n
scoreboard system and its operations;
restrictions
Bowl. Committee
,
ORANGE
to a
with regard
"The City agrees thatat, such time as the scoreboard
is completed, and ready for use that it will be under the
full and complete operational control of the said City.'
The City agrees that it will not, prior to the game, during
the half-time, or during the game ,itself, visually exhibit
or broadcast audibly, any message ,.picture, sign, slogan,
caricature, advertising, etc., in such a way or at aspecific
a conflict or distraction with the pre-
game time pageant
time
that will
cause
game' show,; the ongoing football game or- -
and all such visual exhibitions: will be in good taste and
suitable for viewing; by the general
4.- SYSTEM ADVERTISING:
That the CITY hereby
public."
grants the DOLPHINS'the:
exclusive right to sell and contract for the sale of ad-
vertising to be displayed on the scoreboard system, except
that the _CITY shall have the right to approve or reject any
advertising client form and/or any advertising copy, signs,
or displays which approval will not be unreasonably, with-
held. Said"approval or rejection shall be based on reasonable
advertising standards'as'to:content and amount. In this
regard, it is agreed by the DOLPHINS that the CITY has a
other
special obligation to
than the DOLPHINS to ensure that the advertising displayed
at
in
•
advertising'on the scoreboard message line unit shall::never
be:shown,while;a game or performance of, any kind:is,taking
place. Advertising on the scoreboard message. line unit
may be,shown,''in reasonable amounts., commencing'one hour
•
and fifteen minutes before:the:scheduled time o£'commence'•
Users of'the Orange Bowl Stadium
terms:of either
events`of these other Users is not objectionable. to them
content or amount, or both. Therefore,
ment and extending until one hour and fifteen minutes after
theconclusion of the event; but may only be shown during,
intermissions, time-outs, between periods of a:sports event
or before or after the event or any of its activities.
commence:
b. The DOLPHINS hereby agree to provide the CITY.
contract forms and advertising rate structure
with copies of. the
used: forsale'of advertising on the score
sheets to be
boardfor CITY approval prior to their use. Also, upon
complete execution by all parties to the advertising contracts,
a
copy shall be provided to the CITY.
at .:termination of this Agree::
c.
In' the event that,
ment, certain advertising contracts remain unexpired, these
unexpired advertising contracts shall be assigned by the
DOLPHINS to the CITY at the time :of termination, and the
DOLPHINS shall no longer have any interest in the said ad-
vertising contracts or the
revenue therefrom.
ii Iii Iu uIIuwuiuIi.uIIuIIIIuI1.
of their _f.iftel::
other direct costs
shall
1.
- vending
` the period that, during .
` covenants The �Cleti+a► + hereby CGVe
Will 1 ::Ot permit paid
tlsl:►5•a�►yw;:�;ro
o2 t►►is ArreorGAt' itV .
advertising of�, the� property other than he
or the .Gii71`vi, BOWL p;;Opl.l ., f.
with which the , DOLI r►INS 'have '
CO':�t,. ac�:8
firms,01 individuals i -
-,�• p
t,:�c;
to p a ci':as�? advertising on thescoreboarc• system; exec'
� � . immediate area
that the concessionaire may, 1» ..,.e._
booths and on theirir employees uraior:,,s, identify anc+
advertise tise the products being sold.
� -be. authorized LO eta:.... an
Thatthe "DOLPHINS 'shall, , .
of cross
aCVvitaSi:g sales commission Of percent
� � for rti ' ng revenue for handling she Sale,' andco..tractin
adv
s
1e, of, scoreboard advertising.
�. SYSTEM REVENUE:
That, 2t r ded4Ct10:::by the DOL?1iINS
(15%) 'advertising 'sales commission and deduction of: all
Percent
operation, mainte::ance, - or other direct costs associated with
op�lu.,lon� share equal:* PIIINS shall and the DO..
the scoreboard system, the CITY',
all. gross advertising revenues.
s.The
in the r3illu»der of tTY' 5.'share O2_ adverti5i::g ";revenue .until
5hd21 dedsct from"e " CITY' t. > • opurchasing
the CITY'S proportion of costtae:2
completely paid, ..
. .. '.--�.Y►� 5
and installing the scoreboard system, ..ogether with theL.J. i
interest or. ...unds borrowed :by the DOLPHINS to
p..GpOltiO.►, of cil:y ,•r��►
urdhase and install the scoreboard: system.
The C1�.
finance, P
shallprovide the DOL?I INS with a complete and itOM1Zed J.»VOjC3
o any scoreboard operations, maintenance or
assoon a5 possible after they areincurred, and the
deduct 50% of'. each Such invoice from the CITY
$ proportion . of
-eboara system and remit
Cost of purchasing and installing the sco -
CITY within in tea day
c e remaining 50% of: each such invoice to the
C
O% receipt of that invoices to1e%i.e with
..TY' S. oJ2. the cost
rC:.u4ir.l r.g .. balance on the.. Cl++ proportion
purchasing and installi.. the scoreboard system.
an accounting of the
The parties
EXHI
BIT
YI'M
agrCie that Bhi.l.SI
A represents their general
lntent-ions as regards distribution of costs and► revenues realized
from the 3.nst.allation and operation o2 the . Orange BOWL scoreboard
system.:-
Eco Ds AND ACCOUNTS:
That. the , DOLPHINS shall keep availablein its office,
Y ►�.�►
or such otter. place approved by .he CITY, t.rue, accurate, and
Complete. .records and accounts of all acvortiSinCi sales trafsactiOii:b
�"
1
it connection with t:.e Orange Bowl scoreboard' s, stem, and shall
glve access to those records and accounts to authorized rep
tives o�• the CITY, durin5 resenta"
reasonable business hours, to examine
L
and audit such records and accounts.
7. COLLECTION.' COSTS "AND PEES:
Pi-II`S agree to pay the - cost of
r on any part of ar ounts
That the DO
and reasonable attorneys
ees
CITY by the DOLP::INS . under this Agree_raent
by suit or, by attorney' after the same are
.r.
have been nOa.la.led iT"i writing and have had the opportu..tf to
Correct any default. I2 it is show.. and proven' by she DOLPHINS
that the a the CITY amounts due to' it are as a result
�..a � :: ai lure to p' y
r third party to,meet .its legal obligation to pay
of , .allure o.. a .,....r
collection
due to the
which be collected
w..a.c.. must
ast due a..d the `DOLPHINS
share
.:
amounts d,Le, ::her:
Tand the.DOLPHINS shall ecruBelly
� th� Cam. '1 -._
ail cost -of .CO1i ctiOn .r.roi�. the said third party.
8. STP.DIU.. -CONDITION AND ` LIABILIT'' TI-IEREl OR:`
The CITY agrees to 'r.aintain the ORANGB BOWL. and . the
term this Agreeu.eit, iii p..ySica
scoreboard .au ing a '- _ne
suitable for the pl.aaying of professional ,and collegiate
games. No liability of any kind shall be `
hereto, should the OrANGE BOWL become unfit
ed or staged: therein during the terns of this
-�
eit...a:-.-a.- of t eparties
for events to be play
1 condition
football
incurred; howe?Ver ,
Agreemc:a because of an act Oar.. God or public
by
ro
INSURANCE:
investment in
With "th o written agreeMent o2 the other '-.party, . and the
insurance :shall be shared equally by the parties
insurance to protect: the parties mutt.al
ti 3 said
arty,
Appropriate
the scoreboard„ may be acquired by either
cost of
Both
parties shall be named as insured in any policies written,
th �9 extent of their interest i:. ... a scoreboard,'
insurance policies shall be provided to each party.
10 . DEFAULT:
That the ' f aith.ul peraformance : of . each .' of the
to
and Copies- of the
terms
and conditions: of this Agreement are the conditions
this Agreement is made and accepted, and in the event of any
party to .comply With the terms
failure upon the part 'of
enter
and Conditions; of. this. Agreement,
de::aUlt
0 t e defaulting party, the
upon which
after::30 days' notice of such
norde:.aaiting patty shall
have the option to` . terminate this ` Agreement `;i
not cared-.
11. DISCRIMINAITION
the derault is
a. Connection with any work to be perforriled .under
is Agreement, the parties hereto agree not to discriminate
against any
person aecausG
national origin
of race', religion,: sex, '`color
EttNDING ON Si CCESSORS :.
This : Agreement
.Or
shall bi:ld the DOLPHINS and: their
heirs, assigns, ,adm ..stratO s,
or ' successors,
representatives,
he case night be, othe DOL?H`S•
Or its s1 ccessor goVernr ental `body
13 . NOTICES:'
is..understood a: d:; ag;;eed between the parties
executors
ano:CITY
that written notice by registered nail or delivered to:`.
Miami Dolphins, Ltd.
330 Biscayne Boulevard
Miami, Florida
snail constitute sufficient:" notice
rotic0 by
to the: DOLPHINS, : and
egistcr.d maul or delivered to.
Cl t f of
Miami,Florida
hereto
Written
.to com)4 with the
:91'.a:uli constitute gLilLCleliL' notice to the CI•
..e r17;:, o ‘ the
except as either pary may roti2.y the other
party of a change of address by registered mail.
1
in WhO
ASSIGNABILITY:
It is mutually agreed that this Agreement shall not. be
art without the express written
le or in part by either p Y
..' -" whose approval shall,
be' unreasonably
no
of the other party,
15. INDEMNIFICATION:
—.signed
approval
withheld.
agree to depend, indemnify, and :.old .harmless the
actions damages, or ;cost': o2
the period of time the DOL?niNS hold', fide, for
sustained by
The DOLPHINS
CITY against any and u11 claims, suits,
actions arising during
any personal injury, loss of life, or .damage to PLoPerY
reason.
of or
as a resul.
.�.'" of the CrT ► rent in the maintenance
1 are n�.5ii
^� N9�iR/tDOF the Parties hereto nave hereon 'o set"
for
agents
IN WITNESS S
and affixed their seals the day and, year first above Witten.
of t e operation of the
ATTEST •
•City. Clerk
WITNLSSES4.
As to
•
Miami Dolphins, Ltd.
APPROVEDAS. TO'FOr y
scoreboard " exc pt. w��exc
and operation thereo::!.
their hands
T:.E CITY OF MIAMI, a municipal
corporation o2 the State o2 } 1orida
City Manager,
r,IAM DOLPHINS, LT
lit;, ted partnershi
AND CORRECTNESS:
GOOrg0 F:::,Knox,
City 'Attorney,
Vlorida
Joseph ,
Managing General Partner
ONO
eAN
> ti
i XiiiL'7T A
,'SAMPLE FINANCIAL. ANALYSIS Or ,INSTALLATION,
1A SCALED DOWN ,O .ANGE BOWL
SCOREBOAZD SYSTEM
I. SYSTEM COST;
.1.1. •
A. Co et toCity
3. Cost to Dolphins-
Total cost of syster,i
?NNUALSYST M REV NU PROJECTION
A. r ti,Cip. ted gross
B.
D.
1 .
advertising
- $179,935
$179,931
annual revenue fro.;.
Less . 15ru' fee "-to ; po1p:.ir s for advertising.
sales 'comMission
Less - estimated interest Ora investment
made `by- Do1piiins on beaalf of : City
rat iciaated annual net ,revenue- from
advertising
ng
Less estimate.: operating cost
Net revenue fOr dis a`.. ibutiofl
G. Net. -annual
359:,379
0,000
00
13,100u
$118,G00
G0 0 0
$112,000.
revenue City - ,$ _56,000
Net annual revenue to °,Dolpains - $ 5u , 000
of
a
ORANGE BOWL CONCESSION
LEASE AND AGREEMENT
Amendment No. 2
AGREEMENT, madeto this day
,THIS- and enteredin
197, by and between THE CITY OF MIAMI,
municipal corporation of the State of Florida (hereinafter
to as the ."CITY"),'and MIAMI DOLPHINS, LTD., -a
referred'
re
Florida limited partnership (here
"PARTNERSHIP")
I T -,N -E I S S
WHEREAS, on August.
inafter referred to as
1967,.certain parties, then known
Miami. and Restaurant and Wal:dorf'Associates,
as the.
a Massachusetts. Corporation, entered into a lease agreement
City of
Lease :and Agreement"; and
Inc..
entitled "Orange Bowl,.Concession
WHEREAS, on May..15, 1968, the name of the Restaurant
and Waldorf Associates, Inc. was changed to the Restaurant;
Associates Industries, -Inc., and on July 15, 1968, said."Waldorf"
Corporation merged with Restaurant Associates Industries, Inc.
a Delaware corporation; and
WHEREAS, Resolution No.
43270, passed and:adopted by
1971 authorized extension
1
the Miami. City Commission on April 5, ,.
f Miami and Restaurant
of the existing agreement between
City o am
Associates Industries, Inc. for an additionalfive year period,
optiorenewn,
: o
Amendment No. 1 to the original agreement implemented the extension
as authorized; and
WHEREAS, Resolution' No. 73-623, passed. and adopted b
the Miami City Commission on July 26, 1973, consented
to- the• •
y�
assignmentof the said Orange Bowl Concession Lease and Agreement,
Ltd.; and
as Amended, to the Miami Dolphins
WHEREAS, on June 8, 1977 the parties hereto entered into
an Agreement for use of the Miami Orange Bowl Stadium by,the Miami
Dolphins. for playing of Miami Dolphins professional football home
games through and including the year 1986; and;
WHEREAS, the said Agreement of June 8, 1977 contains a
provision (paragraph 2 (b)) which says, "at any time during th•
e
term of this Agreement thatapproprlate financing is approved for`.
the construction of a major new stadium facility within PARTNERSHIP'S
Football League franchise area by any governmental unit or
private agency or firm, PARTNERSHIP shall have the option to cancel
this Agreement upon. three year's written notice, to':CITY, provided
National
however such. cancellation shall not become effective until such
Stadium:is completed and ready for occupancy by. PARTNERSHIP"l and
WHEREAS, the parties hereto agree. that Paragraph 2 (b)
of the Agreement of June
" ... PARTNERSHIP shall have the:option
four year's`written notice to CITY,
in the agreement of June 8, 1977, t
Paragraph,2(b) thereof shall-also:b
and
WHEREAS, on January
1977,'shall be modified.to provide that
cancel this
Agreement'upon
;',' any other references
the subject matter contained in
•
and that
considered similarly modified;
11, 1978, the
City Commission passed
and adopted Ordinance No. 8735 (incorporated and attached thereto;
sale-of:beer and/or,malt beverages
by reference) authorizing the
at the Miami` Orange Bowl thus. necessitating certain amendments to
the Orange Bow]. Concession LeaseWand
NOW., THEREFORE,,in•consideration of the premises and mutual
Agreement ;
covenants hereinafter contained to be observed and performed, the
parties hereto do hereby covenant and agree as. follows:
1.SALE OF BEERAND/OR MALT BEVERAGES
The parties hereto agree that paragraphs31 and_32 on
page 6 of the original Orange Bowl Concession Lease and Agreement
1967, shall be amended to read as follows:
of August
-2-
:,31. , .That no ;wines , liquors
any kind or nature, other than beer and/or malt beverages,
be sold, offered, or given away,`on-any portion of the Orange
Bowl property, except,as,may be otherwise. governed by ,CITY
ordinance. Beer and/or'malt beverages shall, however, be both -
sold at concession`. stand locations and vended in the grandstands,
but. must only e. bserved-to the customer in a;paper or light
•plastic p cu. Further,`CITY hereby prohibits `the sale of beer-,.
-and/or malt,beverages before, during, or -after any high school
including but not limited to higoo
h schl football
and also before, during, or'after any musical event of the type
event,
or alcoholic beverages
of
shall
and soccer;
• which historically requires extraordinary security measures
based Upon ,prudent Police protection (suchas events --commonly
to as Rock Concerts). CITY may also prohibit
referred
of
pro
CI
not
the sale
beer and/or malt beverages at other Orange Bowl events(except
fessional football or college or''university `football) when"
TY'deems.itprudentto do so. This right of prohibition shall
be unreasonably applied, and CITY shall notify PARTNERSHIP
in writing at least one week in advance of the opening date of
which this right of prohibition is to be exercised
any event at
by CITY.
Provided,"however,
(i) Intoxicating beverages may be
served or dispensed at receptions or
social gatherings held in those areas
of the stadium specifically designated
by the City Manager, including but not
limited to the third -level pressbox
structure, -the -fourth and fifth levels
of the "new" pressbox structure and the
area designated as the "Pro Club" located
above Gate 14.;
(ii) A reception or social gathering
at which intoxicating beverages are
served may not last more than a specified
time designated by the City Manager. In
this regard, receptions or social gather-
ings at. whichintoxicating beverages are
served may take place on the day of each
Miami Dolphins official NFL pre -season,
and alteration
season, or post -season football game from
approximately two hours before official
game time.
(iii) Refreshments, including alcoholic,.
beverages, may be served at the Orange Bowl.`
reception or social gathering in the designated
areas, provided there shall be no charge for
such refreshments, including the alcoholic
beverages, and provided further, no one
leaving such designated area may carry any
alcoholic beverage from such designated area
into any other part of the stadium.
The; PARTNERSHIP shall make any additions,
s incident to the sale of beer and/or malt beverages;.
and the prior written approval for such additions,
alterations must be obtained from the City Manager before
work is undertaken.
The parties
ments, alterations, and
estimate; the cost of
improvements,
the additions
improvements, and
any ; such
improve -
equipment to implement the sale of beer
at the Orange Bowl will be approximately $330
mately $210,000 of that amount
tions
share
000, and approxi-
represents improvements or altera
specifically toga he Orange Bowl Stadium. The CITY will
:he initial , cost of providing for the sale of' beer by funding
up to a maximum' of $210,000 and the PARTNERSHIP will; share. up to
a maximum of $120,000. Provided, however,, if the final cost of
implementaontiproves `to be.less than $330;000,, then' any reduction
of cost shall be shared, proportionately;by,the.CITY and the PARTNERSHIP.
Certified: copies of all.,paid invoices for
made in..connection with implementation
to the CITY.> The PARTNERSHIP shall actually make' .the
work done or purchases.
of sales shall be
beer
provided
entire'$330.
000
expenditure of funds for all required additions:, improvements,
alteration, and equipment necessary to implement the sale of beer
at the Orange Bowl, and the CITY shall reimburse the PARTNERSHIP for
the CITY 'S share
of these costs, together
with the ' CITY
proportion
by. the PARTNERSHIP
over a.seven year
of any interst on 'the remaining balance
to purchase and install the beer sales equipment,
period through deductions from the CITY'S percentage of the
revenue received from beer sales,. PARTNERSHIP hereby agrees to pay
gross
the CITY thirty-two percent (32%) of gross revenues (less taxes) from
beer sales from the time of implementation of this contract through
July 1, 1980.,
borrowed
The PARTNERSHIP shall provide the CITY with evidence
satisfactory to the CITY of the actual amount of interest; paid, with
each such deduction by the PARTNERSHIP.s Creditsshall-be`applied
nnually, upon submission of documentation by the PARTNERSHIP, to
a
the annual guarantee payment on concession sales ($150,000, plus .`
tax, at present) which the PARTNERSHIP is required to payto the,
CITY` each year prior to August 1st. The PARTNERSHIP shall keep
available in its office, or such other place approved by the CITY,
true,
borrow
Orange
accurate, and complete records of all money spent and money'
ed in connection with implementation of. beer sales at the
Bowl Stadium, and shall give access to those records and
accounts to authorized representatives of the CITY, during
business hours, to examine and audit such records and accounts. The
reasonable
PARTNERSHIP shall;` retain all right, title and interest to all
ment arid fixtures purchased and used in connection with beer sales
Bowl and the CITY shall be conveyed all right, title
all additions, improvements` and alterations to the
Orange Bowl, (1) upon `the expiration or termination of this
upon complete amortization by the PARTNERSHIP of the capital.
at the Orange.
and interest to
or (ii)
investment by the
equip -
Agreement,.
PARTNERSHIP in theadditions, improvements, altera-
tions, and equipment necessary to implement the
sale of. beer at
the Orange Bowl.' The parties recognize Exhibit A attached hereto,
as a listing, which is
•
date of this Agreement,
of improvements, additions, alterations, and equipment required
to implement the sale of beer at, t
current'
as of the
of the responsibility for payment
the PARTNERS
hereto as a
he Orange Bowl, and assignment
thereof between the CITY. and
HIP. The parties hereto
gross example which they agree represents
as regards the dollar, flow of amortization
revenue from beersales at the Orange Bowl.
and costs
recognize Exhibit B attached
their intentions
relative to
It is hereby understood' by the parties hereto that the
offer the Orange Bowl Stadium concession; operations for
bidding when the present concession contract expires on
1980. It is further understood by the parties hereto that
CITY shall
public
July 1
after bids are received by the CITY the PARTNERSHIP shall, as provided
in paragraph 12 of
option to negotiate
rate of
have thirty
their Agreement of June 8, 1977, be given first'
a new concession agreement with the, CITY at the
the highest bid received by' the CITY. PARTNERSHIP
(30) days from date of offer to it by the
If PARTNERSHIP declines to exercise this option then
shall subsequently reimburse "the .PARTNERSHIP for its'un
investment in the improvements,"additions, alterations,
nt necessary to implement the sale of beer, according,to a
of payments to be agreed upon by the parties hereto.
sement the CITY shall acquire all rights, title and interest
equipment fixtures purchased by PARTNERSHIP to implement the
beer at the Orange Bowl.
In the process of preparation of bid.proposai documents
the Orange Bowl Stadium concession operations for public
resent concessioncontract expires on July 1, 1980,
Y
this option.
the CIT
amortized
equ.ipme
schedule
reimbur
to all
sale of
to offer
bidding when the p
the CITY shall clearly state in
bids of less
taxes).
percent
accepte
$100,000
shall
CITY to exercise
and
Upon said
those bid proposal documents that
than thirty-one percent (31%) of gross revenues (less
z"food, soft drinks, arid novelties, and less than thirty-five
(35%) of "gross revnues (less taxes) on beer, will not be
d by the CITY shall alsorequire bidders to provide a
bid bond the time of their bid submission, and advise' them
text that the current holder of the concession agreement has
in the
the first
right to assumption of the new contract by matching the
highest bid submitted.
Upon execution . of this Amendmen
promptly apply for any required
PARTNERSHIP shall
licenses from appropriate govern-
mental authorities, and CITY shall cooperate with PARTNERSHIP iri
the acquisition of these licenses.
Nothing in this paragraph shall be construed to cir-
cumvent or relieve PARTNERSHIP
in conform
PARTNERSHI
from the
requirement of operating
ty' to existing laws.
32. That no bottles;or cans shall be permitted.by
P to reach the hands of Orange Bowl'spectators. Beverages`.
in bottles or cans must be -:poured into paper cups or
plastic cups before serving to customers.
contained
light
-6-
2. AMENDMENT OF TERMINATION CLAUSE IN AGREEMENT
OF JUNE 8, 1977.
a. The parties hereto further agree that paragraph 2(b)
of the agreement of June 8, 1977 shall be amended to read as follows:
11(b) At anytime during the term of this Agreement
that appropriate financing is approved for the
construction of a major new stadium facility within
PARTNERSHIP'S National Football League franchise
area by any governmental unit or private agency or
firm, PARTNERSHIP shall have an option to cancel
this Agreement upon four year's written notice to
CITY, provided however such cancellation shall riot
become effective until such Stadium is completed
and ready for occupancy by PARTNERSHIP."
lo. The parties hereto further agree that if the above
revised paragraph 2(b) of their Agreement of JtIne 8, 1977 is exercised
by the PARTNERSHIP then this Agreement shall terminate immediately
coincident with the date of service of notice of cancellation, and
the CITY shall subsequently reimburse the PARTNERSHIP for its unamortized
• • - • . • , „ • ,
investment:: i.n. the •„improvements, additions, alterations, and', equiioment
necessarY, 'to implement' the -sale-,Of:beer 'at.,the:„Orange:,,BOW1-,Stadium,
.„.
accordingto,, a schedule of payments' to be agreed upon parties
.:„
hereto. - •
„_,.. , „ •
3. CITY V.I.P. BOX •
It is hereby agreed by PARTNERSHIP that the area within
the lower level or "old" press box structure designated by the CITY
as a CITY V.I.P. box shallhenceforth be specifically excluded from
use by the PARTNERSHIP, and shall 1:.;e reserved for use by CITY officials
and their guests for viewing of Miami Dolphins football gaMes. PARTNER-
SHIP shall provide game tickets for the box in a maximum number
of ten (10) per game, to be purchased by the CITY from PARTNERSHIP
upon notice from the Orange -Bowl "Stadium Manager of, the CITY,S desire
to utilize the said box. The price to be paid to the PARTNERSHIPfor
such tickets shall be the same price which the PARTNERSHIP shall charge
for its 50-yard line chairback, or box seats at the Orange. BOwl7,a.dium,
and payment shall be made to the PARTNERSHIP at the time of purchase.
Any and all notices of purchase shall be made on behalf of the CITY
only by the Orange Bowl Stadium Manager.
-7-
August, 1967, between the parties, and Amendment
remain in'full.force and effect and shall not:be deeme
amended,,. or. modified in any way except as,hereinabove specifically
provided
ORIGINAL AGREEMENT
The Lease and: Agreemen t entered. into on the
No. 1 thereto, shall
be' repealed,
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment No. 2 to, Agreement
duly authorized officers
all as of
WITNESSES:
to be executed in their names by their
ieafffixed .thereto,
-City'Manager
City, -Clerk
MIAMI DOLPHINS, LTD., a Florida
limited °:Partnership`.
Attest
APPROVED AS TO FORM AND. CORRECTNESS:
City Attorney
- Title
EXHIBIT _ A
LISTING 0 : MPROVuV.i.NTS , ALTi:i2A IoNs ,,"' ADai T IONS ,..
AND EQUIPMENT REQUIRED TO IMPLEMENT,BEER SALES
1t:c.T."
1. iaaik-in
a� GZ PP►YN;::N T THEREOF 13T; 1h'i".T:.N , TIii3 CI T Y "
AND:THE
0lOGu SOW:, AND ASSIG\..%NT RESPONSI13ii.1T
DOLPHINS.
Note :hose . it -ems de1ineaLed :;"Paid By
City" . are ..to .be...cor'if, trued s a s pc mane lt.
fixtures to .the stadium whileitems
listed., as "Paid By `Dolphins" are non-
permanent °fixtures.
refrigerators
2. IC -way pumping - system
3. Electrical hookup
4. Concrete slabs
5. rasa. ill equipment
6. Cup drops
7.
8.
Heat sealers
Re ricerator shelving
9. 'Beer, racks nor hawkers
for hawker .:rooms
uantii V_:
12
Ott'
47,000_'C..�y
116,. 125 = City'
10,000_;City
12 9,622 City
300
10. Tables
11. Repair existing refrigerators
12. Plumbing
13.
tea.
Convert:rest-back roo:as
New serving counters
15. Shields in rest -back rooms
16. Store
17. Signs
rob.;. and desk
arc toms boards
III. Cash drawers
19. ''Gum 'hum rails
20. N.F.L. Gift -shops
22. Carts for rest -backs
22. Locks ansecurity
23: Cresco:: warmers
24. hc:c:i:. g machines
14
0
`12
6
11,2
4`2
7 0' Dolphins
0o Dolphins
00 Dolphins
0.0 City,
pp Dolphins
800 Dolphins
365 City
800 Citj+
600
600
City
City
500
City
.Dolphins
GCG Dolphins
,E20 Dolphins
000 Do ph ns
000 Dolphins
5Op Dolphins
G00 Dolphi as.
Dolphins
600 Dolphins
16,800
'11,0
2,4
2,
2,
4
1,.
1,600.
2,
4,
1
4
2
l
3
8,400
Page
2
26.
27.
Coin ° counter
Sales Tax
Coilt1 - ei•1C f'
Grant Total.
City share
Qua itw
Cost hard I3v
8 1,250 Dolphins
1,200 Dolphins
Dolphins
Dolphins
Dolphins
Dolphins
II1IIIIIUIIUIUIIUIIIIUIIIiIiII !I
Pase. 2 02 2
• •
6
I. Cost
EXHIBIT B
'EXAMPLE OF PARTIES INTENTIONS REGARDING;
DOLLAR FLOW OF 'AMORTIZATION'AND COSTS,'
RELATIVE TO REVENUE FROM BEER SALES
AT THE ORANGE BOWL.;
of. -Improvement, Alterations,and 'Equipment'
A. CITY
B.
$210000
DOLPHINS ,$12_
TOTAL-.$330,,000 ,
II. Annual Dollar Flow of Amortization and Costs>from beer sales:;
A. Until July 1
B.
Gross revenue from sale of 800,000 fourteen
$800, 000
ounce cups. of beer at $1.00 per cup -
Less - 1/7 of City investment 30,000
Less - 1/7 of Dolphins investment
Revenue after inv1_
estment recovery $752,857
Less - 32% due to City under new agreement
(reduction for interest 'requirement not
included)
.;' Less cost of beer for
800,00.0 cups
Less - cost of sales of, 800,000 cups�;
at; 15% of gross e revenue`
7. Less - cost of corporate overhead at
6% of, gross revenue
Net to concessionaire
From July 1, 1980 through July 1, 1987.
1, 2 and 3 (above) remain the same
4. Less 35% due to City under new agreement
(reduction for interest requirement not.
included)
5, 6 and 7 (above). remain the same:-,
Net to concessionaire
$240,914
$201,168
$120,000
$'48;000
$142,775
$752,857
263
:$ 500
$36_
$120,189
1N'TER-OFFICE ME*, ORAND- Ui'9
Joseph R. Grassie
City Manager
•
Jenni
ment
•s, Director,
f Stadiums. and
Marinas
UB J C
June
22, 1979
Beer and: scoreboard for the
Orange Bowl.
lirERENc:LS
(1) Draft Orange Bowl Scoreboard
- ``rat- Agreement between City and Miami
nolphins ,_Ltd.. -- —
(2) Draft Amendment No. 2 to
Orange Bowl Concession Lease and
Agreement. between City and Miami
Dolphins. Ltd.
(,3):,Draft ,Resolution :for City
Commission consideration.
It is recommended that the City Commission
accept and approve the enclosed Agreements
between theCity and the Miami Dolphins, Ltd.
and that. the City Manager be authorized to
present these Agreements to the Miami Dolphins,
Ltd. for execution within a maximum period
of thirty days.
In July of 1978 the City Commission passed Resolution No. 78-482,
authorizing the City Manager to forward draft scoreboard and beer
agreements to the Miami Dolphins Ltd.. for their consideration.
These documents have now been redrafted to incorporate the follow-
ing new provisions:`.
1. The Miami Dolphins, Ltd. will install the new.; Orange
Bowl scoreboard system under the terms andconditions
previously discussed.
2. The Miami Dolphins, Ltd will .implement beer sales
under the terms and conditioflS previously discussed
but,will be, required to pay the City of Miami 32%
ofgross ,beer sales (less taxes) until July .1, 1980.
The following new, provisions have also been added to the
beer document:
a. The Orange. Bowl concession operation will be
Offered- . for public bidding when the present
concession contract.,expires on.July`1, 100,
after which the Miami Dolphins, Ltd. shall
have thirty days to match the highest bid.
Page 1 of 2
. The documentS promulgated in 1980 to advertise.
the Orange Bowi concession operation for public
bidding will require that bidders post a
$100,000:bid bond, and that bids of less than
35% of gross (less taxes) on beer sales and
31%', of gross (less taxes):. on food, soft drinks,?:
and novelties, will not be accepted. Also,
bidders will be advised that the present con-.
cessionaire%will be given the 'opportunity to
match the highest bid.
If the.Miami Dolphins, Ltd. do not choose to,
match the highest bid, the City will reimburse
them for their unamortiZed investment made to
implement beer sales, according to a schedule:
to be agreed by the parties.
is The 3-year escape clause: in the Dolphins/City. Orange
Bowl rentalagreement of' June 8, 1977 shall be
amended to a 4-year escape 'clause.
Page 2 of 2
io: Joseph R. Grassie
City Manager
FROM.
Jennin
r ment o
r•
,F •At.AMI, :'LORID"
INTER -OFFICE: MEMORANDU:'1
July 5,
;,UBJEi ,: Tampa Sports Authority Con-
cession Agreement.
"NCLO URESt
(1) Tampa Bid. Documents and
Specifications
(2) First Addendum to Tampa
Bid-Documents-and-Specifi-
cat3ons
(3) Tampa concession License
Agreement.
(4) Bid Proposal of Volume
Services, Inc. to Tampa
Sports Authority.
At their meeting of June 25;.1979 the City Commission
requested thatthe City Administration obtain, and provide
there with copies of, the agreement between the Tampa Sports
Authority and its Concessionaire Enclosures (1) thru (14)
hereto constitute the subject Agreement arid are provided
herewith for distribution` to the City Commission. The
following is,a`summary of the terms' of these documents.
The License Agreement (Enclosure (3)) binds the
Concessionaire tothe terms and conditions set
forth in the Bid Documents and Specifications,
and Addendums<thereto; ,and to the terms offered
by the Concessionaire in his Bid Proposal.-
1
Term of Agreement is ten (10) years.
As. Consideration, Concessionaire pays $100,000
,minimum per year or .42% of gross (less taxes),
whichever is greater. The Authority agrees, how-
ever, to negotiate a mutually agreeable alteration
in the arnourit of the minimum payment in the event
of a substantial reduction in the basic uses of the
stadium.
Agreement between Authority and National Football
League (NFL) team (Tampa Buccaneers) provides that
once certain maximum revenues are achieved by the
Authority' in the revenues from concessions/parking/rental'
(from NFL football only). then the. Authority and the
Buccaneers share 50/50 in the excess.
Page 1 of 2
Joseph R. Grassie
July 5,.1979
5. Authority had,nomoney-to install; scoreboard so
Buccaneers installed it at their expense, and
i pay
all maintenance costs...Buccaneers pay' :
Author$25,000 per year and after 15 years the Authority
owns the -scoreboard.... At that time the scoreboard
revenue is split 50/50 between Authority and Buccaneers
for remainder of Buccaneers' stadium rental Agreement
o 10-year
ton teofCwhich is essionaire0mustragreehtowhave product
options). Concessionaire
of advertiSers on scoreboard system featured at con
cessionstands, if that, type of product is offered for
sale at the stadium.
6 The Buccaneers have the sole right to all revenues
realizedfrom thesale of *novelties containing the�
registered logo of the team, and, the ;Authority receives_
no: revenue from these sales.
7. The Authority receives 35% of revenue, from non logo
novelties sold by the Concessionaire.
8 The AuthoritY receives 15% of revenues from candy and
tobacco items sold by the Concessionaire.
9 The Authority had already made ae„ontend" inveestment
of about ;$300,000.in concession. qfip -
new. Concessionaire 'took.'over.
The Concessionaire -repays
the -Authority about $30,000 per year over. the 10 years
of the Agreerneflt (in addition to the minimum orper-centage from concession sales) for this investment.
Equipment is-Authority_Aroperty,_,however at termination
-of the concession Agreement..
10. The. AuthoritY approves Concessionaire price changes and
product quality standards.
11. Beer is sold only at events in which professional athletes
compete.
12. The Concessionaire provides. portable concession stands
and any additional equipment or, improvements mutually
agreed upon as being necessary.
13• The Concessionaire pays electric
location is separately metered
Page
costs, and: each;:conc'ession.
of 2
t
•
BID DOCUMENTS
AND SPECIFICATIONS
CONCESSION FOR VENDING FOOD,
BEVERAGES AND TOBACCOS AT TAMPA STADIUM.
Tampa Sports Authority
4201 North Dale Mabry
Tampa, Florida 33607
August 1, 1978
I•. DEFINITIONS
▪ "Authority",shall mean the TAMPA SPORTS AUTHORITY.
. "Bidder" shall mean any person or entity submitting a
bid to offer for sale -concessions at the Stadium in
accordance with these specifications.
"Chairman" shall mean the Chairman of the Concessions
Committee of the Authority.
. 'Concessionaire." shall mean that party selected by the
Authority to operate the concessions set forth herein
at Tampa Stadium in accordance with these specifications.
"Executive Director" shall mean the Executive Director
of the Authority.
▪ "Formal License Agreement" shall mean the contract.
executed between the Concessionaire and the Authority.
in accordance with these specifications, on the form
;achedhereto as Exhibit "L"
. "Director of Operations" shall mean the stadium manager
of the Authority
"Gross Receipts" shall mean the total amountf money.
received by the Concessionaire or any agent or employee.
of the Concessionaire from all sales, cash or credit,
made as a result of the concessions granted under the
formal license agreement, excluding sales taxes collected
by. the Concessionaire or in the event of prepayment of
sales taxes, excluding any amounts so prepaid by the
Concessionaire.
-1-
recreational facilities for use of the peopleof Hills-
borough County, Florida and the general public.
The Authority. has entered into Long Term License Agree-
ments with. the Tampa.Bay Buccaneers and the Tampa Bay
Rowdies for performance of professional athletic events
at Tampa Stadium. The agreement with the Buccaneers
for an initial ten (10) year period, commencing= April .28.
1975, with two separate 10-year renewal options. The
Agreement with the Tampa Bay Rowdies is ` for a five (5)
year period, commencing March l,` 1977 and ending Sept-
ember=1,`1981.
. A schedule of events held at Tampa Stadium from August 1
1977 through July 31, 1978, with per capita production
and scheduled future events is attached as Exhibit "A".
Reasonable additional event data is available and may be
requested by bidders either in writing or at any pre -bid
conference.
IIL„.
BID PROPOSALS
Each bidder shall carefully examine all bidding
and any and all Addenda or other revisions,
familiarize itself with all requirements prior to sub
-
'hitting a>Proposal. Should a bidder find discrepancies
or ambiguities in,;or omissions;
or should the bidder be in doubt as to their meaning,
biddershall;at onceand in any
(7) days prior to bid date, submit to
documents
and thoroughly
-3
from the bidding documents,
event,<not later
than seven
the Executive Director
I DEFINITIONS
. "Authority" shall mean the TAMPA SPORTS AUTHORITY.
• "Bidder" shall mean any person or entity submitting a
bid to offer for sale concessions at the Stadium in
accordance with these specifications.
"Chairman" shall mean the Chairman of the Concessions
Committee=of the Authority.
"Concessionaire" shall mean that party selected by the
Authority to operate the concessions set forth herein
at Tampa Stadium in accordance with these specifications.
"Executive Director' shall mean the Executive Director
of the Authority.
. "Formal License Agreement" shall mean the contract
executed between the ConcessiOflaire and the Authority
in accordance with these specifications, on the form
attached hereto as Exhibit "L".
. "Director of Operations" shall mean the stadium manager
of the Authority.
▪ "Gross Receipts" shall mean the`'totah amount of money
received by the Concessionaire or any agent or employee
of the Concessionaire from all sales, cash or credit,
made; as
a result of the concessions granted under the
formal license agreement, excluding sales taxes
by the Concessionaire or in the event of
sales •`taxes,
excluding any amounts
Concessionaire.':
-1-
collected
prepayment of
so prepaid by the
"Licensee" shall mean any person or entity that may from
time. to ,time enter into any :agreement with the Authority
for use of the. Stadium for 'a particular purpose.
10. :"Lounge Boxes" shall mean the. twenty-four (24) stadium.
lounge boxeslocated at the top of the east side of .the
stands at the Stadium, together_`. with allcommon areas,
and any additions thereto.;
11. "similar Facility" shall mean a stadium having a seating
capacity in excess of 40,000 persons in which.a bidder
operates concessions under a contract comparable in
length of term, required capital contribution, equity
involvement and events and products served to that
proposed. herein.
12. "Stadium" shall mean only the structure known as Tampa
Stadium, together with all related facilities, located
within the retaining walls'' surrounding the Stadium..
I. GENERAL INFORMATION
1`. The formal license agreement,together with all documen-
tation required by these specifications to be submitted
by the concessionaire with: the bid proposal shall be the
exclusive authority and conditions under `which the con-
cessionaire shall operate the concessions specified "at
Tampa Stadium.
The Authority, is a public ;agency, ;corporate` and ;politic,
created by the legislature of the State of Florida and
charged with the public purposes of providing sports and,
-2-
recreational facilities. for; use of the'people • of Hills-
',borough -,,,county, Florida; . and _.the general. public.
The Authority has entered into Long Term License Agree-
ments.with,-the Tampa Bay'Buccaneers and the Tampa°Day
Rowdies fi.
or performance of professional athletic• events
at Tampa Stadium. The; agreement with the Buccan•
eers i's
for an initial ten (10) • year period, commencing April 28,
1975:, with,two separate 10-year renewal options The
Agreement. with: the Tampa Bay Rowdies is for a` five (5)
year period, commencing, March 1, 1977 and ending Sept
ember 1, 19 81. • ;
A schedule, of events held at Tampa Stadium from August .1,
1977 through July 31, 1978, with per capita production
and scheduled future events is attached as Exhibit "A".
Reasonabl.e additional event data is available and may be
requested by bidders either in writing or at any pre -bid
conference
III. BID PROPOSALS'
Each bidder shall carefully examine all biddingdocuments
and any and all Addenda or other revisions, and thoroughly
familiarize itself with all requirements prior to sub-
mitting a Proposal.
or ambiguities :,in., or
Should.a bidder' find discrepancies
omissions from the bidding documents,
or should the bidder be in doubt as
to their meaning,
bidder shall at once and in any event
(7) days prior to bid date, submit to
not later than seven
the Executive Director
written request for interpretation or
correction thereof.
The person submitting the request will be responsible
its prompt delivery. Any interpretation or correction
the Documents will be made only by written Addenda to.
for.
ersons receiving a set of bidding documents, or at the
re -bid conference. All inquiries shall be directed
Director, Tampa Sports Authority, 4201
the Executive
of
North'Dale",Mabry Highway, Tampa, Florida 33607. No"
allowance will be made after bids are received for over-
sight, error or mistake by bidder.
A pre -bid conference will be held on August 16, 1978, at
9:00 a.m. in the Board Room at Tampa 'Stadium, `4201 North
Dale Mabry Highway,'' Tampa, Florida 33607. Thereafter, a
the, requestof any bidder attending the conference, a
tour of the Stadium facilities will be conducted by the
Director of Operations.
Each bidder shall make at least one personal inspection
of Tampa Stadium to familiarize the bidder with con-
cession layout, facilities and equipment prior to the
date on which proposals are accepted.
Each bidder shall submit a proposal on the form attached
hereto. The proposal shall be placed in a sealed
envelope
This envelope shall
be marked plainly to
indicate its contents, but shall bear no other inarks
tending to distinguish it from other envelopes containing
bids. Each bid shall
be addressed to the Chairman,
-4-
111.1111R1111®111111111
Concessions `Committee, Tampa ;Sports Authority, 4201 North
Dale Mabry Highway, Tampa Stadium, Tampa,`Flori.da 33607,
and the front of the envelope shall be plainly labeled.
(SEALED BID, FOOD, BEVERAGE AND TOBACCO CONCESSIONS, . TAMPA
STADIUM. NOT TO BE OPENED UNTILSEPTEMBER 11, 1978 AT 4:00
P.M.). To the extent possible, all submittals of the bidders
shall be contained in the envelope containing the
The envelope containing the proposal, and all other
required by the terxns of these specifications, shall be
deposited by the bidder or his authorized
in the Board Room, located on the second floor of the
proposal.
submittals
representative
Tampa Sports Authority office building, which is located
behind the South -end` zone area of Tampa Stadium, facing
Nimes Avenue, between 9:00 a.m. and 4:00 p.m. on September •
1, 1978. At 4:00 p.m. on that date,
to the concessions rnatter will be opened,
mum compliance with these specifications
The Authority reserves the discretion t
bids submitted after the date and
for publication •of bids.
time
all proposals pertaining
checked: for mini.
and read publicly.
o refuse to accept.
specified herein,;
Each bidder shall submit with the proposal one
or more complete uniform outfits, to be worn;by-employees'
of the Concessionaire vending product or color photo-
graphs or drawings ofuniforms proposed to be used by
Concessionaire's employees. No changes shall be made
in the uniform thereafter without the written approval
-5-
ME
of the Authority.
The bidder shall attach': to'the Proposal submitted
a bid bond or cashier's check in the' amount of $25,000.
which will be conditioned on the bidder promptly executing
the formal license agreement and delivering required
certificates and payment bonds upon selection to be the
Concessionaire. Upon violation of such condition, the
bond will be held by the Authority to insure payment
by the bidder of the damages set out in paragraph 9 o
this article.
. Bid Bonds or Certified Checks will be returned within
48 hours after the Authority and the Concessionaire
have executed the formal license agreement, and
executed payment bond and required certificates have
been delivered to andapproved by Authority. If`ny
award has been made within 45 days after opening of
proposals, upon demand of a bidder at any time there-
after, Bid Bonds or Certified Checks will be returned
provided that the bidderhasnot been notified of
acceptance of his proposal.
In consideration for the Authority agreement to consider
the bidder's proposal,
:he bidder agrees that,
the event he withdraws his proposal from consideration
after publication of bids or refuses to enter into
the formal "License agreement after the proposal has been
accepted by the Authority, the bidder will be liable to
-6-
10.
1
the
Authority for damage in the sutn of ;$25,000.
sum is set
forth herein as.
Before submitting a
damages
each bidder shall
all investigations and examinations necessary to
tain conditions and requirementsaffecting operation of
the proposed concession. Failure to make such investi-
gations and examinations shall not relieve the successful
bidder from the obligation to comply, in every detail,
with all provisions and requirements of the contract
documents nor shall itbe a basis for any claim whatsoever
for alteration in any term of or payment required by the
formal
license agreement..
. Execution of :Proposal:.
(a) If the bidder is
be signed in the
shall
a corporation, the Proposal
name
the corporation by a du
the corporation
with
signor's official
show the state in
ly
of and under seal of
authorized officer of
the designation of the
capacity. The Proposal shall
which the corporation is chartered,
and if the state is other
shall show that the corporation is
business in the State of Florida.
(b) If the bidder is a partnership, the Proposal
shall be
than '
Florida thePropoca1
authorized to` do
signed in the name 'of the partnership
a general partner or other person duly authorize
to bind the partnership. The capacity and autho-
rity of the person signing shall be shown.
(c) Ifthe bidder is an individual or sole ,pro
prietorshi.p, the Proposal shall be signed by the
individual in person, stating the name or style,
if any, under which the bidder is doing business.
(d) In any case, the Proposal shall show the
present business address of the bidder at which
communications from the Authority and notices
served are to be received.
12. All persons or entities desiring to bid for concession
rights shall register with the Authority at the time
they receive specifications. Authority reserves the
right to give notice of changes in or additions to the
specifications solely by mailing notice of the changes
or additions by regular mail during the bid period to
registering.
REQUJIRED SUBMITTALS
submit all of the following;;
A proposal on a form identical to
Exhibit "L'"'`hereto, executed in accordance with the
requirements of Article III.
(b) The uniform or photograph. thereof
Article III.
•(c) A resume of the bidder's experience and per-
formance food service business.
record in the
(d) A resume of the experience, education and
-8-
eta
performance record in the food service business.
of the proposed full-time resident manager of the
Stadium concession operation and upper -level
regional or nationalmanagement personnel who will
have management or supervisory responsibility.
operation of the concessions.
to ),
A detailed list
of
all stadium facilities
regarding
served by the concessionaire at any tine during
year period immediately preceding July 1S., 1978,
the following information for each facility:
(1) The approximate seating capacity of the facility.
(2). A list of the events held at the facility
during the preceding calendar year, or, during
the last year of bidder's service.
(3) The approximate dollar capital investment.
made by the bidder, in improvements or equipment,
in connection with commencing or
of the concessions, at such facility.
(4) The term'of the bidder's contract to operate the
food service concession at:the facility.
(5) An indication of whether the bidder h'a or had
any direct or indirect equity or ownership interest
in the facility.
(6) The name and telephone number of the director
the ten
including
continuing operation
or other similar person at the facility who can
-9-
be contacted regarding the bidder's performance
facility.
at the
(f) For each facility servied by the bidder during the
past ten years and having a seating capacity in excess of
40,000.persons,: the bidder shall also submit the follow-
ng•
(1) One or more; lists showing average
capita sales for all events, excluding sales taxes
annual per -
collected, excluding amounts relating to sale of
novelty items, and excluding any amounts generated
by operation of any stadium club or ther restaurant
facility,, for the last available three-year'period,
broken down as. to product sold (food sales, beer
sales, beverage sales, etc.), and as to the general
nature of event (Professional home. football games,
Professional baseball games, Professional soccer
games, College football'. games, Concerts,; etc.). An
example of such a list is attached as`Exhibit "C".
In the event three-year figures are not available for
any facility, then figures for the period available.,
shall be submitted with an explanation of the reason.
why three-year figures; are not available.
(2) A notarized certificate executed by the
person or persons preparing per; capita lists
st:ating that all such lists' are true and accurate.
proposed
(3) A list of prices and products, including
izes, weights,. etc., as to products sold during
events for which average per -capita figures are
available.
(g) A.detailed outlineof the bidder's experienCe
in the purchase and preparation of food service -
products, and the promotion and • merchandising, of
food, service products.
(h) An operational plan regarding, the bidder's pro
posed operation.of'concessions at the Stadium. This
plan must show, at a minimum, :the following:'
(1) An organizational chart of supervisory,.
and management level persons
at the Stadium,
support persons.
(2), A diagram. or detail of proposed staffing,
including, separately for events of 10,000,
regarding operation
including regional and national
30'000, 50,000.or-,70,000 person attendance,
number, of stand workers, stand managers
or supervisors, stadium vendors, and all other
proposed on -site personnel In the event pro-
posed staffing would differ between football
and soccer events, both should be detailed.
(3). The vending plan described in Article X,
section:'3.
(i) If the bidder is a corporation, a list:,' con
Laining the name, home address and telephone number`.
of each corporate officer, member of the board of
-11-
directors and each stockholder owning twenty-five
percent (25%) or more of the issued and
outstanding
stock of the bidder.
(j) If the bidder is a partnership, list list con-
taining the name, home, address and telephone number
of each general partner and each limited partner
(if any) holding a limited partnership share of
twenty-five i percent.(25%) or greater.
(k) If ' the bidder is an individual , a list
the home address` and teleph�ne number ; of the
containing
bidder.
(1:)` A.. current audited financial statement, for
most recent fiscal year of the bidder, including
balance sheet and profit and loss statements, prepared
and certified by:an independent certified public
accountant.
the
'(m)- Statements executed by the Stadium Manager"or
•
otlter similar person' of.all.facilities with seating
capacity in excess of 40,000 served by the bidder
during the last '5 years commenting on the
ance of the bidder at the` -facility.
V REVIEW OF I'ROPOSALS AND
SELECTION OF. CONCESSIONAIRE
Determination of, Qualifications of Bidders.
(a) Authority reserves the discretion based on
perform -
the criteria set out in this subsection to
determine
whether particular bidders have the basic qualifi-
- 12
�t,
cations to conduct a food and beverage service
concession for a facility of the size of the Stadium.
This determination
for
of
shall be in addition to procedures
selection of the concessionaire under section 2
this article. A bidder who is determined on the
basis of the
listed
criteria
to`lack the ;basic quali-
fications 'to.conduct the concession
will not be awarded the right to enter the formal
license agreement, regardlessof percentage bid or
relevant merits ofthe proposal.
other
at the Stadium`
(b) In determining whether a bidder possesses the
basic qualifications to operate the Authority will
consider the following:`
(1) Experience in operation ofsimilar facilities,
or in operation of any facility having a
capacity in excess of 40,000.
seating.
(2) Past performance of the bidder at the Stadium
or at other facilities.
(3) Bidder's general reputation for performance
and service.
(4) Bidder's financial condition.
(5) Bidder's' existing service contracts an
ability to expand operations.
Selection of Concessionaire.
(a) Bidders are advised that the Authority intends
as concessionaire the qualified bidder who
to select
-13-
the
Authority determines, based on the criteria set out
below will provide the Authority with the opportunity
to maximize its revenues from the concession operation,
while at the same time providing high quality products
and efficient
(b) In order
service to Stadium' patrons.
to .determine which proposal will provide
the opportunity to .Maximize its reve-
nue from concessions, the Authority will consider the
the Authority
with
following factors, none of
be conclusive.
(1) The percentage of gross receipts from
concessions bid.
(2) The historical per -capita production from
sale o
Bidder:
(3)
which will, standing alone,
food and beverage concessions by the
At the Stadium,
f any.;
(B) At similar facilities for. events
those conducted at the Stadium, if an
(C) At'all events at similar facilities,
(D) At dissimilar facilities for events
similar: to
if any.
similar
to those conducted at the Stadium,'. if any.
(E) At dissimilar facilities for all
Bidder's, experience and general performance
events.
t operating food and beverage concessions a
tadium, if
th' e
any, as determinedbystaff,. reports
and the Authority's personal experience with bidders.
JC-e'
-14-�
—
(4) The bidder's performance at other facilities
as shown bycontacts with representatives of those
facilities by phone or mail which have been or may
be made by the Authority, by inspection of
those facilities which have been or may be made
by the Authority:, or by other criteria set` out
n this Article.
) The experience,
any of
raining and past performance
of those persons designated by the bidder as
proposed management -level personnel regarding
operation of concessions at the Stadium.
(6) The general performance of the bidder as
shown by the references required to be submitted
by bidders from facilities served in the past
r presently being served
(7) The criteria for determination of
set out in Section i of this Article.:
In order to'determine whether a bidder will insure
qualifications
that patrons of the Stadium will be provided high
quality products and prompt, efficient and satisfactory,
service, the Authority will consider each of the criteria
l and 2 of this Article,. relating to
past performance and servicer and„the ..operational plan_.sub-
set forth in Sections
mi`t.ted..
Rejection of
Proposals.
Authority reserves the right,°in its descretion:
To reject proposals that contain omissions or
alternative bids not requested, or otherwise fait„ t
comply with these
(b) To reject proposals that are not accompanied
11.
f''- if f a•'
specificiations.
Authority
cedure
by proper bid bond or deposit.
(c) To reject proposals that do not, contain all
per -capita information, unless such information is,
shown by the bidder to the satisfaction of the Authority
to be unavailable, or proposals
that contain per
capita information which is -reasonably determined
by the Authority to b
unverifiable,
inaccurate or
misleading.
(d). To reject all proposals and re -bid, when the
reasonably determines that'` such a pro
would be in' the best interest of the Authority.
waive insubstantial irregular .1 ties
proposal when not shown` to have
ed in any unfair advantage to any bidder.
(e) To
in the
result
technical or
of any. bidder,
VI. SPECIAL. CONDITIONS
. The Authority has entered. into an agreement with Coca-Cola USA,
by which Coca-Cola has loaned to the. Authority some or all;: of
the drink dispensing equipment presently installed at the
Stadium. Coca-Cola has agreed and is obligated to provide
necessary maintenance, repair and parts replacement re-
sulting from malfunction
of:and wear and tear to this
equipment. Relevant portions of the agreement between
the Authority and Coca-Cola. are set out on Exhibit "D"
attached hereto. By this agreement, Coca-Cola has been
granted featured product status in relation to sale of
soft drink products throughout the Stadium. The rights
of the concessionaire to sell products shall be subject
-16
to this agreement. Bidders are also advised that Coca
Cola is required to comply with the provisions of the
agreement between Tampa Sports Authority and Tampa
NFL Football, Inc. as set forth in Exhibit "E" hereto re-
garding competitive pricing of featured products.
The, Authority has entered into a
Bay Area NFL Football, Inc. licensing a professional
team to play its annual home season at the Stadium.
Bay Area
license agreement with Tampa
football
In con-
nection with this agreement, Tampa Bay Area NFL Football,
Inc has been granted the right to. share, ;in certain situations,
in revenues derived by the Authority
As a result of this areement,Tam a Ba g p y Area NFL Football,
Inc., has an interest in theproper performance of the duties
of the concessionaire herein,; as third -party beneficiary
of the formal license agreement. This status gives Tampa
interest and ability to
Bay Area NFL Football, Inc. the same
from concessions.
demand proper performance, quality and service from the
concessionaire as is enjoyed by the Authority under the
formal license agreement.
The Authority has also entered
into an, agreement with Tampa
Bay Area NFL Football, Inca with respect to construction.,of'`'a
scoreboard display system at Tampa. Stadium. In connection
with this agreement, Tampa Bay Area NFL Football,°:Inc. i
authorized to grant to advertizer
on the 'scoreboard display
system the right to have their products featured at the
Stadium if that type product is offered for sale at the
17-
the requirements
Stadium. ;The concessionaire: will :abide' by
of this agret::ment respecting featured products and will
feature products properly authorized by Authority and Tampa
Bay Area NFL Football, 'Inc. under that agreement. All,such
featured products shall ,be offered to the concessionaire
at prices and with assistances available nationally.
▪ The Authority has ,granted *to the Tampa Bay Buccaneers
and the Tampa Bay Rowdies the exclusive right to sell
novelties containing the registeredlogos of those
during events
therefrom. Th
teams
at the Stadium, and to retain the revenues
e contract with these.
concessionaire may
licensees directly to provide the actual
respecting logo items if mutually agreeable.
sales function
• Each individual licensee has the right to provide food.
and beverages to all individua].s invited by the licensee
into the Press Box. Additionally, the Tampa
have the right to sell food and beverages in the Lounge
Boxes. Concessionaire may contract directly with licensees
Bay'Buccaneers
to providetheseservices if mutually agreeable.
• Cups used to dispense soft drinks in the Stadium shall
Coca-Colaadvertising logo,and may include the logo of
bear
the Authority and the Tampa Bay Buccaneers. The plates
for any such logos shall be provided to the concessionaire
by the Authority.. The company logo of the concessionaire
may be advertised on the cups, but no other products,
suppliers or other person or entity shall be granted
-18-
advertising privileges on cups. Concessionaire shall be
free to choose the manufacturer of
Concessionaire
cups.
shall purchase,;°at actual cost, the existing inventory`, of
16-oz. `'cups from Interstate United Corporation` of Florida,
which cups do not contain the Interstate loge.
The Authority may license the concessionaire to distribute
certain non -logo novelties at the Stadium. In such event,
the Authority will be entitled to receive Thirty-five per-
cent (35%) of the gross receipts from the sale of such
items.
. The Authority recognizes that
it may be economically un-
feasible for bidders to offer Authority a percentage of
gross receipts from sales of candy and tobacco items
equal to that offered as to food and beverage items. To
allow for this and to assure an objective coxnparison of
percentages offered, bidders are instructed that the
formal license agreement will commit the concessionaire
to pay to Authority fifteen percent (15%) of gross receipts
from sale of candy items and fifteen percent (15%) of
gross receipts of tobacco items.
The concessionaire may be required to modify or suspend
concessions operations for specific events at the Stadium
if, in the opinionof the Authority, modification or
suspension is necessary because of the unique nature of
the event, for example in the event a religious program
is""held at the Stadium.
10. The concessionaire warrants
the necessary ability, experience, capital, financing,
personnel to efficiently render the concession services
-19-
and represents that it possesse
and
s
required for the servicing of single events having an
attendance of 70,000 or more persons.
11. The concessionaire warrants that a personal inspection
concession facilities and equipment has been made
12.`
concessionaire is
of
and that
satisfied that the facilities and equip-
ment.:are satisfactory and fully adequate for performance
of; the, concession operation. Noadjustments or alterations
will
be made in
the terms of the formal license agreement
as the result of concessionaire'
any of the facilities or equipment.
At all times during the terms of the formal license.
concessionaire shall act as an independent
ment, ,; the
s dissatisfaction with
agree
contractor with respect *to operation of the concessions
awarded. Concessionaire shall not be considered an agent
of' Authority and no actions or agreements of concessionaire
shall be binding on Authority.
13. Authority shall have the right, in its sole discretion,
to cancel any event in the Stadium during the term of
the formal license agreement, and todismiss the audience
for any such event. Concessionaire shall have no action
or claim against the Authority, City of Tampa or Hills-
borough County for any cancellation by Authority.
VII .`'TERM OF AGREEMENT
The formal license agreement shall become effective on
October 23, 1978 and shall be in effect through,
February 1, 1989.
-20-
highest
VI I I . PRODUCTS TO 13E SOLD
The formal lLcense agreement shall give concessionaire the
exclusive right, subject to other provisions of
fications, to sell products of a food and beverage nature,
including beer, candy and tobacco products ,.,at the Stadium.
The concessionaire
and beverage items
these;speci-
recognizes that the quality of food
sold at the Stadium is a matter of
concern to •the 'Authority and; is of the essence of
the formal license agreement. Concessionaire represents
and warrants that all food and beverage items sold will
be of the highest possible quality.
. Attached hereto as,Exhibit "F" is, a schedule of prices
and products presently 'being offered at the Stadium.
All bids shall' be based on the
products at identical prices.
. Authority aL,rees.to meet with the concessionaire, to
products to be sold -and prices to he charged, on an
bidder providing equivalent
review
annual
basis, using February 1 of eachyear of
beginning for each annual term. Whenever unique- economic
conditions result in unusual cost increases to the con-
cessionaire, Authority will consider a request by the
the contract `,as the
concessionaire for price changes at times otherthanthe:
annual date specified above.
. The concessionaire shall provide products of'a quality at
least consistent with similar products presently being offered
21
in the Stadium or in other similar facilities. Authority
reserves the right to determine whether a particular pro-
duct complies with the above standard, which right shall
be exercised reasonably.;;-„
• in determining quality. of product, nature and quality
of ingredients will be considered. As an example, a
10/1 hot dog, inferior due to contents, will not be
approved.
. Concessionaire is advised that beer may be sold at "the
Stadium only at events in which professional athletes
compete. Beer cannot be sold BEFORE 1:00 p.m. on Sundays,
by City ordinance. Under current Authority policy, adopted
in cooperation with the City of Tampa, sale of." beer may be
made from concessions and beer may not e
•
vended throughout the Stadium or in any way hawked in
seating areas. The appropriate definition of `,a permanent.'
stand for purposes of the licensing o sales of alcoholi.c'
beverages at Tampa Stadium shall be determined between
the concessionaire and the State of Florida Beverage
Department.
▪ ';he Authority desires that all local producers of products
and local sources of product supply have equal opportunity
to'compete forthe use of their products or services.at
Tampa Stadium,
when these products or services are avai
able on competitive terms and with equal quality. Although
selection of individual suppliers
-22-
and product brands will,
1111111III••IIMI
intends
on a
except as otherwise provided in this Article, be left
to the concessionaire, concessionaire agrees to consider
as many local products and supply sources as possible,
and to use as many as may be feasible.
IX ▪ EQUIPMENT AND IMPROVEMENTS
▪ Execution of the formal license agreement shall serve as
a separate license from Authority to the concessionaire
to use the equipment listed on Exhibit "G" attached hereto
duringthe term of the formal license agreement.
A
consideration for the license of; that equipment, con-
cessionaire shall pay to the Authority the'total. sum :o
specified in Article XIV.
$297,990, =to be�� paid as "
All bidders are advised that: substantial additional equip-
ment has been supplied and improvements have been made to
the concessions areas at the Stadium by Interstate United
Corporation of
Florida,
Inc.' under the terms ;of 'a con-
cessions contract dated June 30, 1977, subsequently voided
Hillsborough', County,
by order of the` Circuit Court in and for
Florida. Further, certain additional improvements
not
exceeding $18,000 in value may be made before October 23",
1978.; In order to obtain the benefits of the' equipment
and improvements, to preclude the possibility; of litigation
regarding the present ownership of the
or other dispute
equipment and improvements, and in order :..to"insure that
all bids; are
Authority
submitted fair
to purchase the equipment
ments from. Interstate United Corporation of Florida, at
and equal basis, the
and improve -
Their depreciated cost value..
and improvercnts`.
A list of said equipment
attached as Exhibit. "11".:
Execution_
of the formallicense agreement: shall serve as a`
separate license from Authotity to the concessionaire.;
to use the.equipment and _improveiuents supplied by
Interstate United during the term of the formal license
agreement.
As consideration for
the. use' of ,said
ment and improvements,
:concessionaire shall pay to
Authority a minimum of $209,000., 'a maximum of
or thesum irr between which equals the depreciat
of the'quipment actually installed,, which
determined by October 23, 1978 and paid in cash or.
equip
the
222,000.,
ed value
sum- shall be
cashier form by tLie concessionaire to the Authority on
or before
November.
Bidders may suggest and agree to provide any additional
equipment or improvements considered necessary or useful
in operation of
purchase
any
the
additional
concession. The concessionaire
equipment reasonable determined by
the Authority to be necessary to proper operation of the.
concessions..
The conces"sionaire shall provide portable stands: for
limited products sales of specialty 'terns as deemed
necessary
Authority.
by agreement of the concessionaire and: the
Each bidder shall, as a part, of the bid,
submit drawings of the type
any, recommended tobe erected by the concessionaire,
with indication of number of portable stands and
locations.
. Any, additional equipment provided by concessionaire at
its
own
of portable stands;.
suggestionor at the request of
the Authority'shall,
y formal
in the event of earl termination of the
license.
agreement as`a'result `of the default on the Part' Of
concessionaire, automatically become the property o
the Authority, with the exception
of rolling stock
the
5 At=the end :of the term _of the formallicense_:_agreement
all additional equipment purchased by the concessionaire
and replacement equipment purchased by the concessionaire
shall become the property of the Authority, except that
any of
such equipment purchased by the concessionaire
within'.; three ; (3) years ,immediately preceding the `',end of..
theterm of the formal license agreement shall remain
the property of the concessionaire and be removable by.
the concessionaire.
with
list of speci
at, least thirty (30) days prior to the date proposed for
Concessxonaire shall provide Authority
fie equipment proposed to be removed
removal, and Authorityshall thereafter advise 'concessionaire
of any,. objections to removal.
n the event of removal of
any equipment, concessionaire shall be responsible for
any damage and shall repair any damage to cabinetry,
walls,or other structures
caused by removal of built-i:
or permanently -affixed equipment: - Concessionaire ma
-25-
upon the end.of the term of the formal license agreement,.
also remove: any rolling stock provided by concessionaire
• The Authority will negotiate with the concessionaire for
the purchase by Authority of any equipment which the
concessionaire may be entitled to remove under the terms
f this article, but may desire to sell rather than remove.
X. OPERATIONS
. Sales of productsshall be conducted from locations
by the Director of Operations.
approved
The concessionaire shall open a sufficient number ofstands,
including portable ,types, to properlyservice each event
held in the Stadiuin. The number of stands to be opened`.
shall be approved by
the Director of Operations who may
request additional stands if, in the sole opinion of the
Director of Operations
. Concessionaire shall
nticipated attendance warrants.
3
all times have
on hand employees
sufficient in number to adequately serve patrons in, the.
at all events. Concessionaire shall provide super-
visory personriel., located at the Stadium' in sufficient
numbers, to assure that vendors at all times serviceall
stands
seating areas containing spectators. Bidders are
advised ` ..
that a substantial number of patrons of the Stadium are
served, through commission based vendors. Due to the.
physical layout. of the Stadium, it is difficult to insure
that all patrons, particularly those seated in
sections
have access
to vended products. Each
-26-
upper-level
bidder shall
7.
review the facility and prepare and submit a plan for
vending and vendingsupervision, paying particular.
attention to insuring,adequate coverage throughout the
Stadium. Upon award of the right to enter into the
formal license agreement, the concessionaire shall
with the Director of Operations to
adopt a
meet
vending plan
suitable to the Director of Operations for insuring
adequate vendor coverage.
The concessionaire shall provide any additional personnel
requested by the Director of Operations if service°°- is
deemed unsatisfactory by the Director of 'Operations.
At the request of - the Director of Operations,' concessionaire
shall dismiss any of thepersonnel hired by concessionaire
that the Director of Operations reasonably determines to
be _unsatisfactory.
Concessionaire shall ohn all stands to be
for an' event at 'least; wo (2) hour
:start. of:
,before
in- operation
the scheduled
the event. All stands shall remain
least one-half (1/2) hour after :each, event.
where operation for such periods is not
hours of operation
of Operation
open for at
n'any
practical.,
shall be as established by the
case.
the
Director
All persons employed' by the concessionaire shall be neatly
attired in the style uniform and cap provided with the bid,
of the concessionaire, or such other
style uniform and
cap
as may be mutually agreed by byAuthority and the concession-
aire.
,
8. Concessionaire shall be permitted to operate vending
machines subject to the approval of the
to location and number of machines.
9. All, beverages sold either at fixed or portable locations
or in the, stands shall be sold in paper or plastic cups.
10. Employees of the concessionaire shall be admitted through
a gate designated by the Director of Operations. The
concessionaire shall conduct operations in such a manner
as, to preclude
11'. Concessionaire
Authority a
any unauthorized entry
shall receive a limited number of Reserved.
Parking places for key employees.`
shall be accommodated to the
Additional employees
extent the Director of
Operations is able to provide spaces.
12. All trucks and vehiclesnot
be removed from the vicinity
he Stadium walls before
Used as sales outlets shall
of the stands and outside
the gates open for any event.
13. Concessionaire shall be permitted
products outside
Director of Operations. The
tovend concessions
the Stadium ;at times designated by the
Authority provides a security
patrol to prevent any unlicensed selling on its property.
XI. MATNTENANCE SERVICES, REPLACEMENT AND CLEAN-UP
The concessionaire shall`. maintain all equipment used in
performance': of the dutiesof concessionaire including
rolling stock, in a good state of repair, including
maintenance or repair necessitated by ordinary wear and
tear..
-28-
• The; concessionaire shall replace any equipment, other
than that provided by the Coca-Cola Company, damaged
beyondrepair, or rendered useless by wear and tear,
unless, -:.in the sole opinion of the Director of Operations,
the equipment is unnecessary to the proper functioning
of the concession operation. Replacement equipment'
to approval of the Director of Operations
shall be subject
as to type and similarity to that replaced.
▪ The concessionaire shall maintain all concession facilities
in a clean sanitary condition in accordance and consistent
with all applicable rules, demands and requirements of
law, pertinent health and sanitary codes, and requirements
ofduly authorized health authorities. of Hillsborough
County. and any other health department having jurisdicti.on..
▪ The concessionaire shall, at`its expense, engage and
supervise' exterminators to control.. vermin and pests as
is necessary. Such extermination services shall be
supplied in all areas where food is prepared, dispensed
or stored.
• For the sake of clarification, it is intended that the
concessionaire supply adequate trash cans in the vicinity
of service areas, particularly at the condiments-
ocations
of regular stands and throughout the Beer Gardens. These
areas (particularly Beer Gardens) shall be monitored
concessionaire for cleanliness and trash removal..,
Authority policy regarding general clean-up and trash
by the
requires that stands be promptly cleaned and trash placed
-29-
outside Stadium confines, in a location approved °by:the
.
Director of Operations. Failure by the
to coordinate cleaning activities with Stadium clean-up
concessionaire disposing,of stand trash
will necessitate
tits
own expense.
concessionaire
Dumpsters will be available
for
collecting pre -event trash, and concessionaire shall b
required to use these in an economical fashion,'.
crush or flatten boxes and/or cartons.
XII UTIhITIES
e.
• Authority shall provide water to the concession stands
at its expense and shall pay any charges for sewer
hook-up or improvement.
Concessionaire shall be responsible for payment of all
charges forelectric power furnished
concessions. Each concession location presently
controlled by separate electric meters. Concessionaire
shall be responsible for paying all costs ofmeter
for operation o
consumption and connected load demand charge
by Tampa Electric Company. The current electricity rate
Electric Company is attached
schedule as provided by Tampa
hereto as Exhibit "`I
No gas powered or gas fueled, equipment shall be used by
as determined
the concessionaire in preparing or maintaining food or
beverage items, except thatsuch gas as is necessary
for carbonation of beverages may be used.
XIII.` ADVERTISING
The agreement between the Authority and Tampa Day: Area
-3
NFL', Football, Inc. recording the scoreboard display system
at the Stadium grants Tampa Bay Area NFL Football, Inc.
certain rights respecting advertising in the Stadium in
connection with scoreboard advertising." All advertising
signs and menu boards used by the concessionaire shall not
be of a nature as will conflict, in terms of product, size
or location with advertising on the Stadium's'scoreboard
display system.
▪ In addition to the above, all advertising signs and
menu boards shall be subject to approval by !uthority
as to wording, size, number and location.
XIV.' LICENSE FEE AND PAYMENT
▪ Concessionaire shall pay to Authority, as license fee,
the percentage of annual gross receipts specified in
the proposal of concessionaire or the suin of One Hundred
Thousand Dollars ($100,000)"`annually, whichever sum
greater. Determination o
made on a contract year basis commencing on the date of
execution of the formal license agreement. For the. period
October 23, 1988 through February. 1, 1989, no minimum"
annual
the sum required shall be
payment shall be required.
Concessionaire shall submit to the Authority on or
before the 20th of each month during the term of the`,
formal license agreement an accounting of operations'
during the previous calendar month. Along with such
accounting, concessionaire shall pay to Authority the
31-.
applicable percentage of gross receipts from concession
operations for the month.
Concessionaire shall submit to the Authority nolater
than 30 days after the end of each contract year, an
accounting of operations during the previous 12 months,
and, the monies paid under the formal license agreement
for that contract year. In the event that amount
less than the minimum annual payment specified above,
the concessionaire,`at that time, shall pay to.the
Authority the difference between the amount paidduring,
the minimum annual
the contract year and the amount
payment.
At the time the annual accounting is supplied to Authority,
concessionaire shall pay to Authority the sum of'$29,000,
and shall further pay to the Authority by February 1,
•
1989, the additional sum of:'$7,990, which sums shall be
the amountrequired to be paid for the license.of the
equipment described in Article IX, paragraph 1 hereof.
In the event the Stadium or any part thereof destroyed
or damaged to such an extent that no events can be con-
ducted at the Stadium during a particular year during
the term of the formal license agreement, the requirement
of payment by the concessionaire of the minimumannual
payment shall be waived for that year. All other payments
required by this Article shall be continued to be made.
. In the event the Stadium or any part thereofis damaged
to the extent that
no events can be conducted the
- 32
Stadium for a period less than a full year, or in the
event of destruction or damage which does not prevent
the conduct of events, but which limits attendance at
such events, the Authority
negotiate for a mutually'; agreeable reduction in the
minimum annual payment relating tothe loss of attendance.
All otherpayments required by this Article shall con-
tinue to be made.
Authority will agree to negotiate a mutually agreeable
alteration in the amount of the minimum payment in the
event of a substantial reduction in the basic uses of
the Stadium outlined in Article II of the specifications.
XV.- RECORDS, ACCOUNTING:AND AUDITING
• Concessionaire 'shall 'maintain records of sales, receipts,
and inventory regarding operatiOflS at the Stadium, all
in accordance with strict accounting; standards. Authority
may prescribe the form of records, to be kept by the
concessionaire in accordance with this provision.
and the concessionaire
shall'
. Concessionaire shall on reasonable demand, make available
to Authority or any person designated by Authority,all
records
books of account and statements maintained
with respect to operations at the Stadium.
. Concessionaire shall also permit designated agents o
Authority. to make periodic inspections of the operations
of the concessionaire at the Stadium.
. The monthly accountings to be submitted by. concessionaire
-3
a
shall include, at a minimuman itemized list of sales o
all items offered at the Stadium together,. with unit
sales price for each item and a complete and accurate
inventory of products maintained at the Stadium.
• Authority shall be entitled, at any reasonable time,
conduct its own inventory of product:s and equipment
maintained at the Stadium pursuant to the formal license
agreement.
In addition to all other accountings required, conces-
sionaire shall prepare and forward to the Director of
Operations daily sales reports for al°l concession sales
at`the.Stadum, on the day following any sales°.
XVL. LICENSES, TAXES AND PERMITS.
. ;'Concessionaire shall abide by all ordinances and laws
pertaining to operation of the concession.and•
shall
secure 'all `licenses `and permits necessary ;for operations,
including required alcoholic beverage licenses..
Concessionaire shall collect' and: disburse` all' taxes
required by fodoral, state. and local authorities, and
shall pay any applicable taxes relating to concession
operations, equipment or inventory.
• In the event of a termination of the formal license agree-
ment for any cause including, but not limited.to, expiration
of the term thereof, the concessionaire shall surrender any
alcoholic beverage license in effect for the Stadium, or
any part thereof, or assign all licenses to any designee
34.
of the Authority, at, the election or request of the
Authority, the surrender or assignment to be effected
within three (3) business days after the election or
request. of Authority.
XVII. INDEMNITY, RELEASE, INSURANCEAND SECURITY
Concessionaire shall release, discharge and hold harmless
the Authority from any and all liability resulting from
the loss of any and all merchandise, equipment and
propert
y
located at the Stadium which may be lost,stolen, damaged
or destroyed by fire, vandalism, malicious mischief, rain,
water, or any other cause,, during installation of the
equipment or operation of concessions.
Concessionaire agrees to indemnify and hold, Authority
harmless' from any and all claims for personal injury,
death, or property damage and any other losses, damages,
charges orexpenses, including attorney's fees, which
arise out of, in connection with, or by reason of the use
of the premises by the concessionaire except such loss as
may be caused solely by the negligence of Authority, its
agents or employees. Concessionaire further agrees to
undertake, at itsown expense, the defenseof any action`
brought against Authority, claiming damages
arising out
concessionaire's
of, in connection with, or by reason of the
use of the premises.
. Concessionaire shall maintain in effect Comprehensive
General Liability Insurance, including coverage for
-35
products liability and injury or death caused by sale
of harmful foods or beverages with a single limit of
liability of not less than Five Million Dollars
($5,000,000 00) Such insurance shall name Authority,
City of Tampa and Hillsborough County as named additional
insureds.
Concessionaire shallmaintain fire and extended coverage
insurance, including explosion coverage, on allequip-
ment located at the Stadium,.: in an amount adequate to:
replace such equipment in the event of loss. Such
insurance shall name Authority, City of Tampa and
Hillsborough County as named additional insureds.
Concessionaire agrees to maintain in effect Comprehensive
Automobile Liability Insurance issued by an insuror
reasonably satisfactory to Authority, including that
for owned, hired, and non -owned automobiles with limits
of not less than $250,000 per person, $500,000 per
occurrence, bodily injury liability, and
occurrence, property damage liability
shall name Authority, City. of Tampa, and: Hillsborough
County as named
additional
. Concessionaire agrees to
insureds.
$100,000 per
uch coverage
maintain in effect Workmen'
Compensation Insurance as required by Florida Statutes
including Employer's Liability Insurance with limits
of not less than $100,000 per accident.
-36-
Concessionaire shall furnish to Authority a
execution' `of this agreement, a certificate o
on the form attached hereto. as Exhibit " J" ,
the existence of the coverages
Theconcessionaireshall furnish. to Authority at the
time of execution
either a
principal
as surety: in the penal
of the formal license agreement
surety bond executed by
and by a surety company
the:"concessionaire 'a
acceptable
to Authority
sum of' $100,000 or such other
form of security in that amount as may be agreed to.
This security shall be conditioned upon payment by
the concessionaire of the sums due. Authority under
Article XIV during the term of the formal license.
agreement, as well as faithful performance by the
concessionaire of all other conditions and covenants of
the formal license agreement The bond or other security
shall:be in favor of Authority, City of Tampa and
Hillsborough County, and shall be on the form attached
hereto 'as Exhibitic.!'
XVIII., DEFAULT IND TERMINATION
Termination for • Cause. In: the: event concessionaire'shall
default in any of the payments,`. obligations ''or`conditions
set forth in the formal license` agreement, the Authority
maynotify concessionaire of such default in writing.
. Written notice referred to in this article shall be
deemed delivered upon presentation to`any ;person
7-
designated by concessionaire as. the manager or, "in the
case of notice by the concessionaire, the Director of
Operations or by mailing .the same°°certified or registered
mail to the address set forth for the, concessionaire in
the proposal, or the address for, the stadium in the case
of noticeby the concessionaire.
Failure on the part of the Authority
o notify conces
sionaire of default inaccordance with thisArticle
shall not be deemed'a waiver -by Authority°of Authority'.s
rights°on de -fault of:the concessionaire nor a waiver of
the Authority's: right to, notify concessionaire of such'
default at a subsequent time, and such a notice will
have the same effect as if promptly made.
Upon receipt of notice of default from the Authority,
concessionaire shall correct such default immediately
if the defau1t is with resepct to any payment required.
to be made byconcessionaire', or within ten (10) days
of receipt of the notice if the default is of any: other
nature. In the event concessionaire fails to correct
the default to the satisfaction of the Authority within
the time specified, or such, greater period as' the
Authority may permit the Authority shall have all
rights accorded by law, including the right to terminate.
the formal license agreement..
Termination of the formal license agreement by. the.
Authority upon default shall be ,sufficient grounds for
the forfeiture of the bonds required to be posted by
the concessionaire.
In theevent that the formal license agreement is.
terminated upon default, the Authority may assume
control and operation of the concessions. and all equip-
ment installed at the Stadium and the Authority may
continue to operate the same until satisfactory arrange-
ments maybe reached with the concessionaire concerning
the default, or until the Authority shall obtain the
services of another concessionaire.
In the event the concessionaire cannotperform its
obligations under the formal license agreement because
of a labor dispute,, such non-performance will not be
considered a default; provided, however, that in the
event of a labor dispute, the Authority may operate the
concessions until the labor dispute is settled. During
the period of operation by the Authority, the Authority
shall be entitled to use all facilities and equipment
at the Stadium and any supplies and ;inventory, of : the
concessionaire on 1-iand, and the concessionaire shall
not be entitled to any monies received from such opera-
tion. Insuch event, the Authority agrees to pay to the
concessionaire a sum equal to the cost of the conces-
sionaire's supplies and inventory consumed by the
Authority in such operation.
In"the event a decree or order by a courthaving juris-
diction shall be issued (a) adjudging the concessionaire
bankrupt or insolvent; or (b) approving as properly
filed a petition seeking reorganization of
the concessionaire
under any section of the National Bankruptcy Act, as
amended; (c) ordering or approving the winding up or
liquidation or the concessionaire's affairs; or (d)
appointing a receiver or a liquidator or a` trustee i
bankruptcy for the concessionaire or its property; if
the concessionaire shall institute proceedings to be.
adjudicated a voluntary bankrupt or shall Consent to
the filing of any bankruptcy or insolvency proceedings
against it, or shall file a petition. or answer or
consent
seeking a reorganization under any section of
the National Iankruptcy Act, as amended, or under any
state insolvency law, or shall admit in writing its
inability to pay its debts generally as they become
due, or take any action in furtherance of any of the.
aforesaid purposes, or shall abandon
agreement, then the Authority may terminate the formal.
license agreement and all rights of the concessionaire
to continue to operate the concession thereunder. In
the formal license"
the event of such termination, the concessionaire shall
be liable, but not in limitation, for all payments
required to be made to the Authority up to and including
said date of termination.
-40-
XIX ASSIGNMENT AND MODIFICATION
The right and privileges granted hereunder shall not be'
assigned or transferred inany manner whatsoever by the.
concessionaire without the written approval of the
Authority.
2. No agreement to modify, or modification of,the formal
license agreement shall be binding on Authority unless
the same is reduced to writing and executed by an
authorized agent of the Authority with at least the.
same formalities as the formal license agreement.
1-
TI MPA SPORTS AUTIIORITY
BID DOCUMENTS AND SPECIFICATIONS
FIRST ADDENDUM
Pursuant to the pre bid conference held on August 23,,
1978, the following data is supplied for the purpose of amending
certain sections of the original specifications dated August 1,,
1978, cl,arfying the Authority's position on particular matters'
and, in some .cases ,`strictly for providing additional information
to bidders.
This addendum shall supercede the general specifications
wherever a conflict between the terms of the'two documents exist.
fit' any case, where points raised the .n_h; r7 conference are not
i
addressedin
this addendum, the Authority has determined that the
original specifications adequately express the positionof the
Authority or, in'some cases, that theissue was adequately addressed
at the pre -bid conference.
- Section 1(f) (1)
Regarding the list attached to the specifications as
(c),,only the figures labeled total attendance and total
s specify gross. figures. All other figures provided should be
(total less tax, novelties, restaurant
ARTICLE IV
Exhibit
Exhi1
sale
net
ARTICLE V - Section 2(b)
1.. Numbered paragraphs 3 through 7 of Article`
Section
2(b) ` as contained in the oricinal specifications dated August' 1,
1978 are hereby 'deleted.
Wolawaromarawomisaramssimago
ARTICLE
• The following language is substituted for those deleted
. Bidder's experience and general performance at operating
food and beverage concessions at the Stadium and at other
similar facilities. as shown by personal knowledge of or
experience withthe bidder, if any, by inspections of
other facilities which have been or may be,made by or on
behalf of the Authority, or by tie other criteria set out
in this article.`
4. The experience, training and past performance of
those persons designated by thebidder as proposed
management-levelpersonnel regarding operation of con-
• cessions at the Stadium.
5. The criteria for determination of`qualifications``.
set out in Section 1 of this Article.
Section 2(c)
In order to determine whether a bidder will insure that.
patrons of the Stadium will be provided high -quality
products and prompt, efficient and satisfactory service,
the Authority will consider each of the criteria set
forth in sections 1 and 2 of this Article, relatin" to,
past performance and service.
Add numbered paragraph 7 as follows:
7. In the event the concessionaire believes that major
additional or replacement; equipment is desired prior to
the end of the seventh year of the term of the formal
license agreement, concessionaire may seek Authority's
approval to install such equipment. In the event the
Authority approves of the purchase and installation of
that equipment, thenit further hereby agrees to
negotiate for the possible purchase of that equipment
by the Authority, at its fair market value, at the end
of the term of theformal license agreement.
2. Exhibit "fin
Items numbered 7 55. 58 and 65 of Exhibit "11" are hereby
deleted.' Concessionaire shall not be required to purchase
those items. The required payment under Article IX, section
2 (page:23 24) shall be reduced by the depreciated value
of those items deleted.
ARTICLE X
Add numbered parayraph 14 as follows:
14. Upon award of the formal license agreement,
concessionaire shall adopt an operational plan for
operation of the concessions at the Stadium. The
operational plan to be adopted by the concessionaire
shall be the plan submitted with the successful bid,
subject to such additions, deletions or alterations
as the Authority may from time to time require.
ARTICLE XII
The following lists billed electrical charges for
electrical use at concessions facilities from August, 1977 through
June, 1978:
- $1778
8/77 $3396
9/77 - $3250
10/77 -
11/77 - $2669
12/77 - $2774
1/78 - $2213
2/78 • - $ 921
3/78 - $1675
4/78 - $2659
5/78 - $3792
6/78 - $3437
ARTICLE XIV
Attached hereto as Exhibit "A" to this aciderldunt is a
statement showing infcritlatiorl which will be required, at:a m
i
n
i
m
um
,
in support of any proposed price increases by corIcessi.orlaire.
•-•
EXHIBIT "A" ADDENDUM:#1
In order to evaluate proposals for price -increases, t
following information shall be submitted:
A list of price changes requested.
• A list of all products sold with unit sales for
the preceding twelve (12) months.
. A detail of allcost increases, including copies of
invoices showing above costs at the beginning and
end of the twelve (12) month period.
▪ Details of effects of labor cost increases,
applicable.
. Any other information requested by the Sports Authority,
or deemed pertinentby the Concessionaire, for the con-
sideration of the price changes.
The above information shall be delivered to the Authority's;
Director of Finance for analysis and compilation prior to
its presentation to the Concessions Committee and the Board.
11 111 (-i J 1919
U.�t 1,,�i,ii5.i�'
of
LICEICE A(;i:l,KMII,N'l`
.Tine 1977,
AUTHORITY, a public agency,
the Legislature
public purposes
for use o,f the
people
THIS AGREEMENT de and entered into this "roll; d tY
by and between the TAMPA SPORTS
corporate and poli'1ic, ` created U'y
of _the State of.Florida
of providinr,sports and
of ilillsbciro%.lP,h ;County', Florida an
and charged with the,
recreational facilities
the
and
general public (hereinafter referred to as "AUTHORITY')
VOLUME SERVICES, INC., a Delaware corporation, a wholly -owned
(hereinafter natter 're-
subsidiary.of`Interstate United Corporation
(erred to as "CONCESST.ONAIRC"),
W I .T N E SS E :T: H:,
WHEREAS, Authority advertised for
to operate certain concessions at Tampa
WHEREAS, Concessionaire submitted
proposals
was, after
Authority.
due
investigation
bidders to submit
Stadium, and,
proposal which
and consideration, accepted by
NOW, THEREFORE, in consideration• of the pr�mtses anal
covenants, and conditionsta ned to
of the terms:,
be kept
and performed by the respective parties
as follows:
'It ;is ;agreed
1. Aut htbr:it:y
I.I t".I.ATI ?:; t:l;r\Pl'I'I';It
he t'vli,v p,rrttit. s t o COtice:;U i tali i rt
t lit..
exclusive right and privi1o}',t, to operate. the I'ood,`hevtrrar,i'
(Including beer) , tobacco and novelties concessions at the
Stadium not subject to rights of °existing;
liccttseesof`_ Authority
during the term of this Agreement, subject to the terms and
conditions set forth Herein.
2. In connection with the grant of the above License,
Authority "further. licenses Concessionaire to use theequipment.
set forth on Exhibit A hereto in the performance of this
Agreement
11 TE111`1S AND CONDITIONS
1. The terms and conditions under which the licenses
herein are granted are .those contained in this Formal License"
Agreement,; and those terms, conditions and representations
contained in the following documents,, all of which are in-
corporated herein by reference and are made a part of this
Agreement:
(a)" Bid Documents and. Specifications _TGrac� -
cession_ Ven�iin _l_uod,- tieverak�ej L
and Certain Novel t_i.es at Tamj�a Stadium,
dated March , I977 , together wit ►1 ALt
dendum ;Number_ 1. thereto.
(b) Bid Proposal and all accompanyint docinnents.
submitted by Concessionaire to "Authority.
(�) Any documents submitted by Concessionaire
to Authority subsequent to submutt,al of the
formal.'; bid; proposal. of Concessionaire and
prior. to ,execution of this Formal License,
Agreement .,;'
wiiuuuIuUI111111.
COnCe i oniii r
1 I I , I,i►!J;;Ii i ItA'I'IoN
e :hall pay to At►IhuriIy ttti
000!;iiIt Y(ii (111
t 11t! 11Ct'inieS }'t';lillet' here 111, -'I he ; ppropr1(II t.' : itiotli►I `i tiN
_ Documents : ,Y-:-' Proposal .�1�: Concessionaire.
determined
1V. PRODUCTS
Concessionaire shall order, stock, prepare, pay for.
and sell food and beverage items sold at the Stadium. Title
to all said food and beverage i tems shall remain' vested in
subject to the provisions of 'Article XVi of
Concessionaire,
the Bid pocuments
is operating,
concession locations
MENU ADVERTISEMENT
Concessionaire
advertising products sold andprices.'"
cessionaire shall also be permitted; to provide menus setting
forth products to be sold and prices. Concessionaire may -be
required to post such signs and provide such menus as Director
of Operations deems necessary. All of such signs and
be subject to the provisions of. Article :XII of the Bid
o f t. h e
During all events at the Stadium at which
,_,, bPermitted to nnst signs' at
n
menus shall
Documents.
VI. RECORDS`'
n addition to the .requirement specified in.`Articl
Bid Documents. 'Concessionaire agrees to retain all records,
books of
operations
Agreement
after
agrees
e. XIV
accounts, and statements maintained with respect to
at the Stadium diirinp, the term of the Formal .1cense
for a reasonable period not to exceed one (1) year
expiration of the
term of this Agreement, and further,
to notify Authority within a reasonable time prior to
the i ntwntlet1 (lost rucl ion of any such records.
VII. A1.CO1101,1C rtr,VERArE 1,ICENSl
This Aprcemt.mt sha11 lic ctnnlirr}',eit1 twin, the obi 1iI.
of the Concessionaire to secure and operate trrtdcr requirctl.
alcoholic beverahe licenses. In the event the Concessionaire
is unable, except for any reason that is the result of actions
of the Concessionaire or the refusal of the Concessionaire to
act, to obtain an alcoholic beverage license,
may declare this Agreement to be null and void without further
liability to the other Party.
V I I I I N DET,IN ITY
In clarification of the provisions of Article XVI,
paragraph 2 of the Bid Documents, Concessionaire shall retain
the right, in the event it is called upon to defend any action
brought against Authority as required by paragraph 2 of Article
XVI of the Bid Documents, to employ, at its own expense, counsel
of Concessionaire's choosing to represent its interests, and
the interests of the Authority, in such litigation.
Ly ASSIGNMENT
•
The ;provisions
notwithstanding, Concessionaire shall be entitled to
transfer its obligations and privileges under this Formal Li-
cense Agreement in whole orin part to any other wholl'f-owned
subsidiary of Interstate United. Corporation'
LAWS AMP RVC%II.ATIONS
Concessionaire wilt operate the concessions licensed
in this A1,,reement at the Stadium solely for the ntrrnoses' specified`
in this Agreement and the operati.ons of Concessionaire shall be
conducted in stri.ct compliance with al laws of the (it ed States
•
then either party
of Article ?;VII of the Bid Documents`
•
assign' or
the State
jurisdixtion, and with
cable administrative rules and regulations
such laws.
of Florida, and any local governmental entity having
appl i.
2,
permit use;ol
any unlawful or
unreasonable
all health and fire codes and all
`ptirt;tisint :t.cf
Concessionaire shall not be " required to use, nor`
imrno r a l
risks of injury to persons or property located in,
the licensed premises or any part thereof for
purposes or in any manner asto create.
or on or near the licensed premises.
3. All areas of the licensed
for use and enjoyment by the public
public shall be available
without regardto race,'
in accordance
Agreement
mail
to:
This
with
color, creed,
Agreement shall be governed by and interpreted
applicable laws of the State of rlorida.
XI. NOTICE
premises open to the:
sex or natural origi
Written notice requiredby any provision of`this
shall be sr.tffici.ent if mailed certified orregistered
CONCESSIONAIRE:
Volume Services, Inca
c/o Eirri-Roltensi.,ein flerald P
auccino
120 South Riverside Plaza
Chicago, IL 60606
AUTHORITY:
Tampa Sports Authority
ATTENTION DIRECTOR 01? STADI UM OPERATIONS
4201. North. Dale . Matbry.
Tampa, FL 33607
IN WITNESS WHEREOF, the parties have hereunto set
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IP\
r
1, Y'I I I It 1 'I' n.
Cf)NC1,;;;;1 rn1 I'1.!ll Il'f�1,N'1 I;
C,,li.ii I,ni+�i►1 �iurt I�.io��".1 �i n 197G
ConceSsi.cin Stand.
TI,. Crancc
tsion I;tandr; i,i ilml('ili ac(luirt'd ,_�ri�7r� tu,1
PrCSs .BOX ('ofC04:Li('n Vo11111N Il n.t -1
�i1rc 11,i:ieti in
IT.
No. of
I1.ffim:
63
21
65
2
10
77
3
4
4.
2
2
2
2
4
6
2
2
14
12
11
2
120
65
6
96
4
2
36
Descr1111.k.4
peer: Systems (Per.l
:pod;
Counter W. rmnr,;
Counter :1.In11S,-
Slainle:.:, Siee1)
Work 'P�bles �
Ice Chests (2 ._.i4C>,)
g nyl.e Sinks,
pouble Sinks `,
,ri�,le S. inks
Ttol l -A-rr: i ,
Popc(rn Maker~
popcorn `.Wii rmc' 'Ts
Fryer",' and RaokS'
iddlr�.�
t:xh��u`�1. Iloo(1',
Warmers.
Cotton .Candy,,M,.it h inc"-'
Ref riyt'rators •
Ilold.t ii I car. t:`,
Corlvc:c�tion 0v(n�
Wa"lk ti�,�,Cnc��r1'rnnzor
-11obtr.t `MOat
IIctt' I'cinti
ram Table,
,`P.ut
;;pact P. ns
1Ic►n�1 Ti
t: u:.hnuiiii;
'1'a1)1.4.”;
$137,237.12
19,452.115
9,9H0.00
2,191).00
6,290.00
3211.02
H49.20
695.00
2,762.44
1,369.50
652.00
5,540.50
3,42').00
3, 4117.110
( l)Il.00
1`;119 11, 110
2,6(0.00
12.460.00
1(,,4211.HI)
11►: 011(1.00
141.123.00
1,620.90
, 01,H.00
57 2. 00
(,Ii�.7Fi
H07.114
105.60
4, 400 .01)
2,•1'!''`.1�i
1.1:6 . 011
No. of
] tems
`..
1O
9
10
9,
2
:1
1
4
2
2
2
2
r
1::111I.IT A
Pri)sstare. Connki'r:;
Stotin_1ess Stuo1.T;ihl.•w
42 gallon (;l�ti;: I�ii�� d W,ttt.r Iu,lI ers
Stainless f,'t.4.t,1 Sinks
lilir,itjhl.."tJ,.trm'•rs
Popcorn M,tl;...r
0 x 8 Walk-in C'crci l r
Beer and SodaSystems
Ice Bins
Work Tables;
Cabinet:s,.
No
1 i nti-
2+t t ion
S H ,�1111) _00
5,405.00
2'4' 1 .0 0
,445.00
185.00_
9,276.00
A �+
•
ment entered into -June
FIRST AMENDMENT TO LICENSE ACR Et I:NT
���,,
This Amendment is` made and entered intono this ,,,. tidy of
the License Agree
Authority,
, 1977, and is directed toward
30, 1977, by and among Tamoa Sports
(hereinafter "Authority"), Volume Services, Inc., and Interstate
United Corporation'of,F1orida.
The License Agreement entered into June 30, 1977, by
and among the above parties, is hereby amended to add paragranhs
XII and XIII as follows:,
XII. CONCESSIONAIRE REFERENCE
Whenever in this Agreement the word "concessionaire"
used, that term shall be defined to include Interstate United
Corporation of Florida and any other related or subsidiary cor
either Volume Services, Inc. or Interstate United
as may be mutually agreed upon by the parties.
poration to
Corporation
XIII.
CITY -COUNTY APPROVAL
Concessionaire recognizes that, under the terms of
Laws of Florida, Chapter 65-2307, as amended, it may be necessary
for Authority to obtain the approval of the City of Tampa and
Hillsborough County to the execution of this Agreement.. Authority
agrees, upon execution of this License, promptly to petition the':,
City of Tampa and Hillsborough County for their consent to execution
of this, Agreement. In the event the Authority is unable, for any
reason beyond its cOnt rol, t o ryi,i ;, i n !milt c: i I v t,nd c nn y anotOval,
concessionaire and Authority: a;',roc' that
terminated by Authority.
IN WITNESS WHEREOF the
hands and seals:this Al day of.
ATTEST:
Secretary
ATTEST:
Taiwan
VOLUME Si! VIC
1 /
BY:
t their
Authori • Agent
ATTEST : INTERSTATE UNITED CORPORATION OF FLA.
(SEAL)
(SEAL)
fniniettrs - APugn
METROPOLITAN DADE COUNTY • NIORM A
COMMUNITY REIATION`_ROARD
3301 S. W. 22n4I STREET (CORAL WAY)
MIAMI. FLORIDA 33143
iYil�l76r
sr, .4
ommitte,
Rev. Thedford Johnson
President
•
CIP —O.• • air ••II
OFFICE OF THE PRESIDENT
1328 Northwest Third Avenue +.Phone
Miami, Florida 33136 Teleph12'
Honorable Maurice Ferro,
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
Dear Mr. Ferre:
The Ministers -Laymen Voter Registration Committee of Dade
County met at its regular breakfast meeting last Saturday., July
6th. We passed a resolution, requesting that you vote to adopt
the recommendations of the office of City Manager favoring
an ordinance which would make changes to the Civil Service
Rules.
The Ministers -Laymen Voter Registration Committee has been
serving the City of Miami for more than fifteen years, holding
regular meetings every Saturday morning. During these past
years, each of you has visited with us and we consider you to
be a friend and supporter of our purpose. Our purpose is simple --
to advance the rights of minorities and to end racial discrimina-
tion. Our method is also simple-- to provide a place and program
where members of the Black community victimized by racial
discrimination could discuss the causes and effects of racial
problems, decide on resolutions to these problems, and to
initiate action.
I have been residing in the City of Miami nearly all of my
life. We have come a long way since Blacks were allowed only to
live in certain sections of the city, such as the Central Negro
District and the Black section of Coconut Grove. Some of us
still remember when the Police Department didn't allow Blacks to
become full police officers and there was a segregated Black
police station and city court. However, there is a long way
to go. The Sanitation Department in the City of Miami still
is the only department having a good percentage of Blacks working
because Whites don't recognize sanitation work as being valuable.
•
It
We believe that now is the time for Blacks, other minorities
and women to be employed at all levels in all departments of
the City of Miami.
We believe that although you, personally, are not prejudiced
against me, Blacks as a group, other minorities or women, the
City Commission still maintains ordinances, rules and procedures
which were developed and established in the 1930's and 40's
when segregation was the law of the land.
We believe that the present system allows those who have
personally benefitted from the present system to determine who
shall benefit in the future. Clearly, it has not been Blacks
who have benefitted from the present system.
We know that the City Commission, under the Charter and
Laws of the State of Florida, has a form of government which
distributes the executive power to the City Manager. We know
that the City Manager has the responsibility of administering
the ordinances and seeing to it that these ordinances are
carried out by using good judgment in selecting administrative
staff.
We also know that you have established a Civil Service System
with a Civil Service Board to secure a general class of workers
who could be employed without political patronage or patronage.
Our primary criticism is that although this Civil Service
System was adopted with good intention, its rules prevented you,
as a Mayor, and the City Manager, from putting in effect •
your promise that there will be fair employment of minorities and
women, at all levels and in all departments of the City of Miami.
The proposed rule changes will return to the City Manager
the responsibility for selection of city staff which will reflect
the population of the City of Miami, racially and ethnically,
and, at the same time, maintain the features of the Civil Service
System which prevent nepotism and political patronage.
We, therefore, respectfully request that you enact an
ordinance adopting the changes to the Civil Service System
as recommended by the City Manager.
Sincerely y
TJ:me
Registration Comm.
II�IIII ui� 1111111I
mE R Pc E_ET
911 COURTHOUSE
MIAMI, FLORIDA 33130
TELI.S79-S311
Mayor Maurice Ferre
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Ferre:
OFFICE OF COUNTY MANAGER;
The Administering Board of the Dade County Community Action Agency.
reaffirms toyou its support of the proposed civil servicerule
changes.
After careful study and review of statistical data of past and present
City of Miami employees; and the ineffectiveness of the present
system in hiring women and minorities representative of the City
itself; and upon reviewing information which indicates that recent
attempts to balance the present deficiency have resulted in court
action claiming such attempts to be contrary to present civil service
rules; this Administering Board did forward to you a copy of its
RESOLUTION IN SUPPORT OF THE ORDINANCE PROPOSING CHANGES IN THE CITY
OF MIAMI CIVIL SERVICE RULES.
We strongly urge you to vote affirmatively for this vital Human Rights
Ordinance.
Sincerely,
0)1-4 /us.
Dr. Herbert H. Greene, Chairman
CAA Administering Board