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HomeMy WebLinkAbout2000 01 24 Consent C Central Winds Park Concession Agreement COMMISSION AGENDA ITEM C CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 1/24/2000 Meeting MGR.~PT &. Authorization REQUEST: The Parks and Recreation Department requests the City Commission authorize the City Manger to enter into the Central Winds Park Sports Concession Agreement with Fred's Franks at 10% compensation to the City using the attached concession service price list. PURPOSE: The purpose of this item is to receive Commission authorization for the City Manager to enter into the Central Winds Park Sports Concession Agreement with Fred's Franks at 10% compensation to the City using the attached concession service price list. CONSIDERATIONS: . On January 10,2000 the City Commission directed the City Manager to accept the 10% Base Bid from Fred's Franks and work out the details of the Coca-Cola issue with an allowance for additional products. . Staff has meet with the Franks and worked out an agreement that does four (4) things: a) Maintains current prices for currently sold items except for certain Coca- Cola products. b) Raised the cost of Pow era de from $1.00 to $1.50 per bottle and Iced tea from $ .75 to $1.00. c) Additional food products. d) Ten Percent (10%) gross to the City. 1 FUNDING: None Required RECOMMENDATION: The Parks and Recreation Department recommends the City Commission authorize the City Manager to enter into the Central Winds Park Sports Concession Agreement with Fred's Franks at 10% compensation to the City using the attached concession service price list. IMPLEMENT A TION SCHEDULE: Execute Contract with Fred's Franks with service to begin January 31, 2000. ATTACMENTS: Attachment #1- Attachment #2- Winter Springs Parks and Recreation Concession Foods Price List City of Winter Springs Parks and Recreation Central Winds Park Sports Concession Agreement. (This item will be available in your mailbox Thursday, January 20, 2000) COMMISSION ACTION: Agenda98 2 WINTER SPRINGS PARKS AND RECREATION CONCESSION FOODS ATTACHKENTTDl Product Current City Selling Price Fred's Franks Selling Price List Fred's Franks New Additional Products Danish Sausage/Biscuit HotDog Chili Dog Kielbasa Pepperoni Pizza Hot Pockets Nacho Cheese/Chips $.75 $1.00 $1.50 $1. 75 $2.00 $2.25 $1.50 $1.50 $.75 $1.00 $1.50 $1. 75 $2.00 $2.25 $1.50 $1.50 Boiled Peanuts/Sm Medium Large Potato Knish Smoked Sausage Italian Sausage Bratwurst Grilled Peppers/ Onions Cheese Sauce Cooked Onions In Sauce Bowl of Chili Sunflower Seeds Sports Nuts Chips Pretzel Salted Peanuts Cashews Pickles Popcorn Sno-Cones Italian Ice Snickers PayDay Reese's Cups Twizzlers Reese's Pieces Fruit Chews Mint Chews Whistle Pops Soda 12 oz Soda 16 oz Powerade 20 oz Bottled Water Frozen Lemonade Minute Maid Juice Cup of Ice Coffee Hot Tea Iced Tea $1.25 $ .50 $1.50 $ .50 $1.00 $ .50 $ .50 $ .75 $ .50 $ .75 $1.00 $ .75 $ .75 $ .75 $ .75 $ .75 $ .75 $ .75 $ .25 $ .75 $1.00 $1.00 $1.00 $1.00 $ .75 $ .25 $ .50 $ .50 $ .75 $1.25 $ .50 $1.50 $ .50 $1.00 $ .50 $ .50 $ .75 $ .50 $ .75 $1.00 $ .75 $ .75 $ .75 $ .75 $ .75 $ .75 $ .75 $ .25 $ .75 $1.00 $1.50 $1.00 $1.00 $ .75 $ .25 $ .50 $ .50 $1.00 Price $1.00 $2.00 $3.25 $2.00 $2.50 $2.50 $2.50 $ .50 $ .25 $ .25 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-0018 Parks & Recreation Dept. MEMORANDUM To: Mayor and Commissioners VIA: Ron McLemore, City Manager Chuck Pula, Parks and Recreation Director ~.... FROM: SUBJECT: Commission Agenda Item C-Consent-January 24, 2000 DATE: January 20, 2000 The attached contract with Fred's Franks relative to the concession operation at Central Winds Park is a part of the above referenced Agenda Item as indicated on page 2 of the Agenda Item. /Img .~ .~r ~ - . e:.... i;.. CITY OF WINTER SPRINGS P ARKS AND RECREATION CENTRAL WINDS PARK SPORTS CONCESSION FACILITY AGREEMENT THIS AGREEMENT is made and entered into this day of ,2000, by and between FRED'S FRANKS, and FRED J. MANNARA, and having its principal place of business at 1118 Seafarer Lane, Winter Springs, Florida 32708, hereinafter referred to as CONCESSIONAIRE, and THE CITY OF WINTER SPRINGS, a Florida Municipal Corporation of the State of Florida, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as CITY. WIT N E SSE T H: WHEREAS, the CITY owns and operates a Sports Concession Facility at Central Winds Park; and WHEREAS, the CITY desires to make food and beverages available to the patrons of the Central Winds Sports Facility according to the terms of this Agreement; and WHEREAS, the CONCESSIONAIRE is competent to provide services under the terms of this Agreement including preparation and sale of food and beverage products. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONCESSIONAIRE agree as follows: SECTION 1. DEFINITIONS. (a) "CONCESSIONAIRE" shall mean Fred J. Mannara authorized to provide food and beverage Concessions under this Agreement and it's employees who are engaged in the management, operations and sale of Concessions under this Agreement. (b) "CONCESSION" shall mean the sale and supporting activities necessary for the sale of food and beverages under this Agreement. 1_ ~ 'l--i ;..c.. (c) "CITY" shall mean City of Winter Springs, a Florida Municipal Corporation acting through the City Commission and the City Manager and their respective designees. (d) "CONCESSION PRODUCTS" shall mean all food and beverage products authorized by CITY for sale under this Agreement. (e) "ACCOUNTING PERIOD" shall mean the period commencing each first day of the month and ending the last day of the month. (f) "CITY" shall mean the City of Winter Springs, Florida. (g) "GROSS REVENUES" shall mean the total sales of all Concession Products and the charges made for all services performed for which a charge is made by the CONCESSIONAIRE, whether for cash or credit and whether collected or outstanding under this Agreement. The term. Gross Revenues does not include Florida sales and use tax or any tax on sales or use of Concession Products. (h) "CITY COMPENSATION" shall mean the payment the CONCESSIONAIRE shall pay to the CITY under this Agreement which shall be equal to ten percent (10%) of Gross Revenues from sales of.Concession Products during each Accounting Period or fractional Accounting Period undler this Agreement. (i) "CENTRAL WINDS PARK" means the City's Sports Facility located at 1000 East State Road 434, Winter Springs, Florida 32708, which contains permanent improvements designed for the preparation and sale of COlllcession Products. SECTION 2. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions under which the CONCESSIONAIRE shall provide for the sale of Concession Products at the Central Winds Park or any other City park facility authorized by the City in writing. SECTION 3. TERM. The term of this Agreement shall be for a period of one (1) year commencing on January 31, 2000. At the sole option of the CITY, this Agreement may be renewed for one (1) additional period of one (1) year. The CITY shall exercise its option to renew not later than thirty (30) calendar days preceding the expiration date of this Agreement or subsequent renewal period. 2 " .. J. ;'L- SECTION 4. CITY COMPENSATION. (a) For each Accounting Period or fractional part of an Accounting Period, CONCESSIONIARE agrees to pay to the CITY compensation. (b) City Compensation not paid by the due date shall bear interest at the rate of one and one half percent (11/2%) per month from the date due until paid. (c) City Comp.ensation shall not be due and CONCESSIONAIRE shall not be obligated to operate the facilities at Central Winds Park during any time period when the CITY'S Concession area cannot be occupied through no fault or negligence of the CONCESSIONAIRE. (d) City Compensation due the CITY under this Agreement, shall be paid monthly to the City of Winter Springs and delivered to the Parks and Recreation Director at 1126 East State Road 434, Winter Springs, Florida 32708 on or before the tenth (10th) day of the calendar month succeeding the month for which payment is applicable. The check must be accompanied by the statement of all records from the City owned computer system as substantiating documentation. All sales done by the concessionaire must be recorded on the city computer system. CONCESSIONAIRE will be respons~ble for paying and reporting all appropriate state and federal taxes and submit to the City of Winter Springs on a monthly basis a copy of the state sales tax receipt. (e) In computing the City Compensation due to the CITY, the first monthly Accounting Period shall commence on the date the CONCESSIONAIRE opens for business and shall end at the close of business on the last day of the same calendar month. SECTION s. FACILITIES. (a) Central Winds Park Concession. (1) Subject to the terms of this Agreement, the CONCESSIONAHRE shall have the right to use the equipment and improvements contained in the Concession Stand at the CITY'S Central Winds Park Sports Facility along with the storage areas. (2) In addition to the Central Winds Park Concession area, the CITY may authorize the use of mobile units and storage units necessary to serve baseball and soccer patrons. The CITY shall designate the location for placement of mobile units and storage units and shall establish reasonable periods for set up and removal of the units. It is anticipated that the mobile units and storage units placed at the baseball and soccer 3 I. 6... 1. :'L... complex shall be used only when circumstances require Concession areas in excess of those described in subsection (1) above. (b) Other City Facilities and Activities. At the request of the CITY, the CONCESSIONAIRE may provide mobile units at other CITY facilities and activities under the terms and conditions of this Agreement. The CONCESSIONAIRE shall coordinate the placement and scheduling of the units with the CITY. (c) Nothing in this section shall be construed to authorize the CONCESSIONAIRE to store mobile units and storage units at the Central Winds Park Sports Facility, City Parks, or other City facilities at locations or during time periods other than as authorized by the CITY. SECTION 6. CONCESSION RIGHTS. (a) Subject to the terms and conditions of this Agreement, the CITY grants . CONCESSIONAIRE the right to operate and sell Concession Products, at the CITY'S Central Winds Park Sports Facility. The right to operate and sell Concession Products is limited to the location, facilities, and Concession Products on the attached Exhibit A. (b) Concession Products prepared or brought on the Centr.~l Winds Park Sports Facility must be prepared for sale at the CITY'S Central Winds Park Concession or CITY Park. The CITY'S Central Winds Park Sports Facility may not be utilized by the CONCESSIONAIRE for the purpose of preparation, sale, storage or other activities of the CONCESSIONAIRE that are not directly related to the sale of Concession Products at CITY'S facilities. (c) CONCESSIONAIRE'S right to sell Concession Products is strictly limited to sale of items identified in this Agreement and shall not be construed to include: (1) Softball, baseball, soccer or other sporting goods and related merchandise; (2) Advertising sales by signage, beverage container advertising or otherwise; and (3) Novelties, souvenirs, event souvenirs and program sales. (4) Any other items not specifically authorized by this Agreement. (d) CITY reserves the right to authorize the sale and distribution of food, 4 .: -4 '1 :r- beverage, and merchandise by vendors, exhibitors, and patrons related to special and charitable events and other activities as determined by the CITY a Central Winds Park and other CITY parks. SECTION 7. CONCESSION PRODUCTS MENU AND PRICING. (a) The pricing of each Concession Product menu item is to remain firm for the term of this Agreement. The CONCESSIONAIRE may request a price adjustment and only the CITY COMMISSION may approve the requested adjustment. (b) The Concession Product menu and related prices for the initial term of this Agreement is set forth as Exhibit A. (c) Concession Products shall be high quality in terms of food content and preparation. (d) CONCESSIONAIRE shall maintain adequate inventory levels of all Concession Products to meet patron demand. SECTION 8. CONCESSIONAIRE RESPONSIBLITIES. (a) CONCESSIONAIRE shall be responsible for obtaining all necessary permits and licenses and maintain each permit and license duri~g the term of this Agreement. (b) CONCESSIONAIRE shall be responsible to assure that all equipment, mobile units, and storage units including their drive units and compressors shall not generate offensive noise levels and shall be neat and clean on the interior and exterior at all times. Offensive noises and cleanliness requirements are determined by the CITY. (c) CONCESSIONAIRE shall be responsible for all damage to its equipment and property when damage is caused by fire, flood, lightning or any cause beyond the control of CITY. CONCESSIONIARE agrees that CITY shall not be responsible or liable for any damage which may occur to CONCESSIONIARE'S equipment and property used under this Agreement. (d) CONCESSIONAIRE shall prepare and affix signage, as approved by the Director, displaying the Concession Product Menu and Pricing in plain view of patrons. (e) CONCESSIONAIRE shall assure adequate staffing of all facilities with sufficient, suitable personnel and the personnel shall be the sole responsibility of the CONCESSIONAIRE. 5 .~ &.:" ~. ;i~ (f) CONCESSIONAIRE shall assure that all personnel assigned to CITY facilities shall be courteous and properly attired at all times. CONCESSIONAIRE shall provide uniforms for its employees including, at a minimum, a shirt or blouse with phot and name badge. (g) CONCESSIONAIRE shall properly maintain all Concession are~s to present a neat, clean and attractive appearance to the CITY and its patrons. CONCESSIONAIRE shall perform janitorial duties and maintenance services required to comply with the terms of this Agreement and as may be directed by the CITY, at the CONCESSIONAIRE'S sole cost. The Central Winds Park Concession area along with the identified storage shall be maintained by CONCESSIONAIRE including all inside space, walls, ceilings and floors. (h) CONCESSIONAIRE shall provide, at its sole cost, a routine pest control program as approved by the CITY. Additionally, the CONCESSIONAIRE shall provide additional pest control services as necessary and as directed by the CITY. (i) CONCESSIONAIRE shall use proper cleaning and care of all CITY concession equipment and fixtures. The CONCESSIONAIRE shal~. immediately report malfunctioning CITY owned equipment to the CITY. The CONCESSIONAIRE shall pay for all minor repairs to the equipment up to $250.00. (j) CONCESSIONAIRE shall provide, at its sole cost, paper products including napkins and straws necessary to support the Concession Products. (k) CONCESSIONAIRE shall only sell COCA-COLA products as the exclusive soft drink due to .an existing contract. (I) CONCESSIONAIRE shall provide prompt, efficient and courteous service. (m) The sale of Concession Items shall be made from locations that are approved by the CITY. (n) The public's right of use and enjoyment of the park shall not be infringed upon by any activity of the CONCESSIONAIRE. (0) CONCESSIONAIRE and concession employees shall park in the general parking area of Central Winds Park. Except for food service deliveries, the walkway must be open to facilitate right-of-way for emergency units and park maintenance vehicles. (p) CONCESSIONAIRE agrees to observe and comply with all rules and 6 .. ., ..::- regulations adopted by the CITY with respect to use of park facilities. (q) CONCESSIONAIRE shall employ sufficient, suitable personnel and such employees shall be the sole responsibility of the CONCESSIONAIRE. All staff working in the concession must successfully complete a Background Check by the City of Winter Springs Police Department. Employees shall, at all times, reflect personal cleanliness. (r) CONCESSIONAIRE shall obtain all licenses and permits as required by state and local authorities and shall comply with all health, sanitary and other regulations and laws. (s) Additional equipment that is needed in operating the Concession contract shall be the responsibility of the CONCESSIONAIRE. The CONCESSIONAIRE agrees that all equipment purchased by the CONCESSIONAIRE shall remain the property of the CONCESSIONAIRE and may be removed by him at the conclusion of the Contract. (t) CONCESSIONAIRE shall maintain an effective program for the extermination and control of rodents and vermin in the areas assigned for their use. (u) CONCESSIONAIRE shall maintain all assigned areas in a clean, sanitary condition consistent with all pertinent health and sanitary codes al!d authorized health authorities. (v) CONCESSIONAIRE shall maintain a high quality of food and beverage and the CITY reserves the right to determine whether a particular product complies with the above standards. (w) CONCESSIONAIRE agrees to purchase from the CITY at the CITY'S cost all existing stock of food, condiments, paper goods etc. that are deemed needed for the concession operation. CONCESSIONAIRE agrees to pay for this stock within a time frame set by the CITY. The CITY will remove any other stock from the concession stand, storage and portables. SECTION 9. CITY RESPONSIBILITIES. (a) The CITY shall provide the Central Winds Park Concession area. (b) The CITY shall provide CONCESSIONAIRE with monthly event and tournament schedules including attendance estimates. Additionally, the CITY agrees to exercise its best efforts to notify CONCESSIONAIRE of major tournaments and events including attendance estimates as far in advance as reasonably possible. 7 ,'. At ... ... .~ ..z:.. (c) The CITY shall provide trash dumpsters at its facilities and the CONCESSIONAIRE may utilize the dumpsters for disposal of trash generated at CITY facilities and related to the sale of Concession Products. (d) The CITY shall maintain and repair its building structures designated for the CONCESSIONAIRE'S use, including painting, maintenance of water, sewer and electrical lines up to the point of connection with concession equipment and lighting fixtures. The CONCESSIONAIRE shall indemnify and hold harmless the CITY and it's employees and agents and be solely responsible for any damages and repairs to CITY buildings and facilities caused by CONCESSIONAIRE. SECTION 10. REMOVAL OF CONCESSIONAIRE PERSONNEL. The CONCESSIONAIRE agrees, upon direction by CITY setting forth just cause, to remove from service at CITY facilities, any of its employees who are responsible for improper conduct under this Agreement or who are unable or unqualified to perform their assigned duties as determined by CITY. CONCESSIONAIRE shall provide a replacement person, acceptable to CITY, for the re-assigned employee. SECTION 11. POWERS RESERVED BY CITY. The CITY re~erves unto itself any and all powers not specifically and expressedly granted to CONCESSIONAIRE under this Agreement including but not limited to: (a) Final determination of the quality and retail prices of all Concession Products. (b) Final determination of all Concession Product menu items. (c) Final determination ofthe design, layout and location of all physical improvements for the Concession activities and any future changes or modifications. (d) Final determination on the use and number of mobile Concession units used in the operation of the Concessions. (e) Sole discretion to cancel, terminate and interrupt activities and events at the Central Winds Park Sports Facility, CITY parks or other CITY activities, and cause patrons to be dismissed, or to stop the sale of any Concession Product by CONCESSIONAIRE during any event. The CITY shall not be liable to CONCESSIONAIRE for any loss or damages to CONCESSIONAIRE as the result of any 8 (. .. .. ;i .,J::. action taken by the CITY in good faith for the benefit or protection of the CITY, the public, Central Winds Park Sports Facility or CITY parks. (I) Final determination of access to all Concession areas at any time. (g) The power to terminate this Agreement for acts of default by the CONESSIONAIRE in accordance with Section 15 of this Agreement. (h) The right to market or cause to be marketed, souvenirs, novelties, programs or other marketable items. (i) The right to enter upon any CITY facility at anytime and without notice. SECTION 12. FINANCIAL REPORTING AND ACCOUNT ABILITY. The CONCESSIONAIRE shall maintain at all times accurate computerized accounting records on the CITY computers regarding the operation of the Concessions. The form and substance of the accounting system shall be subject to the determination of the CITY and shall include, but not be limited to, the following: (a) Complete separation of financial records for the Concession operation and other CITY locations. The CONCESSIONAIRE'S accounting records must be separated and detailed by individual CITY facility including the CITY'S Central ~inds Park l(acil~ty, each CITY park, and mobile units. (b) A complete financial system which conforms to generally accepted accounting principals and practices and includes annual line item budgeting for expenditure and revenue accounting, accounts segregating, and identifying assets, liabilities, and net worth. (c) Documentation supporting all entries into financial accounting system to include all expenditure invoices, payroll summaries and copies of payroll tax returns, revenue and bank deposit receipts, bank statements, and all other such related documentation, copies of which are to be submitted monthly. (d) Complete inventories of Concession equipment and other capital assets and expendable and consumable supplies maintained continuously at the Central Winds Park Sports Facility. (e) Complete inventory control records before and after each day's activities and an actual cash count of each day's sales receipts. (I) Any other specific accounting information related to the Concessions operation, which is determined by the CITY to be meaningful and necessary. 9 .;. ... .: ;,t, .~ (g) CONCESSIONAIRE shall maintain, at its principal place of business, for a period of not less than five (5) years subsequent to the termination of this Agreement, all supporting documentation for transactions relating to the computation of Gross Revenue. The CITY shall have the authority to make copies of all records for the purpose of verifying the accuracy of the CONCESSIONAIRE'S financial obligations and payments to the CITY. It shall be the responsibility of the CONCESSIONAIRE to provide all information reasonably necessary for the audit at no expense to the CITY. (h) All accounting records, documents, books inventories, and other such related information shall be made available for CITY inspection at any time during the term of this Agreement. In addition to the right of inspection, the CITY shall have the right at any time to conduct a full audit ofthe CONCESSIONAIRE'S records for any Accounting Year or Accounting Period, including a certified audit by an independent accounting firm, on the financial records and business activities of the CONCESSIONAIRE relative to the performance of this Agreement. The CITY is responsible to pay for all audits conducted by the CITY or the CITY'S independent accounting firm. However, the CONCESSIONAIRE. shall submit to the CITY a copy of its annual certified audit performed by CONCESSIONAIRE'S accounting firm. (i) The CONCESSIONAIRE shall provide a financial operating statement by the fifteenth (lSlh) day of each month which details on an accrual basis, all Gross Revenues, direct operating costs, and net profit resulting from the Concessions operation for the preceding month. The CONCESSIONAIRE shall provide other financial reports on the Concessions operation as are determined necessary and appropriate by the CITY, including day by day statements including all payroll, product inventory in and out, and receipts which shall be accomplished daily. The CONCESSIONAIRE shall provide a monthly report with each payment and a copy of its annual certified audit performed by CONCESSIONAIRE'S accounting firm. SECTION 13. INDEMNIFICATION AND HOLD HARMLESS. TheCONCESSIONAIRE agrees to indemnify and hold harmless the CITY, its officers, agents and employees, from and against any and all liability , claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees 10 '.' .~; i. ~ <i: .~ through all trial, post judgement and appellate proceedings of any kind and nature arising or growing out of or in any way connected with the performance of this Agreement whether by act or omission of the CONCESSIONAIRE, its agents, servants, employees or other, or because of or due to the mere existence of this Agreement between the parties. In addition, the CONCESSIONAIRE will not bring any action against the CITY due to the CITY exercising any of its rights under this Agreement. SECTION 14. INSURANCE. (a) General. The CONCESSIONAIRE shall, at the CONCESSIONAIRE'S own cost, procure the insurance required under this section. (1) Before taking possession of the leased premises, the CONCESSIONAIRE shall furnish the CITY with a certificate(s) of insurance signed by an authorized representative of the insurer(s) evidencing the insurance required by this Section (Commercial General Liability, Property Insurance, Business Automobile Insurance and Workers' Compensation Insurance). The certificates of insurance shall provide that the CITY shall be given not less than forty-five days written notice prior to the cancellation, non-renewal, or restriction of coverage. Through~ut the term of this Agreement and any extensions thereof, the CONCESSIONAIRE shall provide the CITY with renewal or replacement of the insurance for which a previous certificate has been provided. (2) In addition to providing the certificates of insurance pursuant to the above, if requested by the CITY the CONCESSIONAIRE shall, within thirty (30) days after receipt of the request, provide the CITY with a certified copy of each of the policies of insurance providing the coverage required. (3) Neither approval by the CITY, nor failure to disapprove the insurance furnished by a CONCESSIONAIRE shall relieve the CONCESSIONAIRE of the CONCESSIONAIRE'S full responsibility for liability, damages and accidents. (b) Specifications. Without limiting any of the other obligations or liability of the CONCESSIONAIRE, the CONCESSIONAIRE shall, at the CONCESSIONAIRE'S sole expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as other wise specified in this Agreement, the insurance shall commence prior to or II . .~ .. A: 'i' ;J: concomitant with the commencement of the Agreement and shall be maintained in force until the Agreement expires. The amounts and types of insurance shall conform to the following minimum requirements. (1) Commercial General Liabilitv. (A) The CONCESSIONAIRE'S insurance shall cover the CONCESSIONAIRE for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO FORM CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements. (B) The minimum limits to be maintained by the CONCESSIONAIRE shall be not less than the following amounts: General Aggregate Limits Limits Three each limit times the occurrence Personal and Advertising Injury Limit Products/Completed Each Occurrence Limit $500,000.00 ..$500,000.00 $500,000.00 (C) Additional Insured- The City of Winter Springs, Florida, its officials, officers, and employees are to be included as additional insureds. (2) Business Auto Policy. (A) The CONCESSIONAIRE'S insurance shall cover the CONCESSIpNAIRE for those sources of liability which would be covered by Part IV of the latest addition of the standard Business Auto Policy (ISO FORM CA 00 02), as filed for use in the State of Florida by the Insurance Office, without the attachment of restrictive endorsements. Coverage shall include owned, non-owned and hired autos. (B) The minimum limits to be maintained by the CONCESSIONAIRE (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, the CONCESSIONAIRE shall maintain separate aggregate limits of. coverage applicable to claims arising out of or in 12 ~:t ..:. f- ;t connection with the work under this Agreement. The separate aggregate limits to be maintained by the CONCESSIONAIRE shall be a minimum of three (3) times tll1e per accident limit required and shall apply separately to each policy year or part thereof. (3) Workers' ComoensationlEmolover's Liability. (a) The CONCESSIONAIRE insurance shall cover the CONCESSIONAIRE and its subcontractors of every tier for those sources of liability which would be covered by the latest addition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employers' Liability Act and any other applicable Federal or State law. (b) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy. (c) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be $500,000.00 $500,000.00 $500,000.00 (Each Accident) (Disease-Policy Limit) (Disease-Each Employee) (3) Commercial General Liability. (d) Coverage. The insurance provided by CONCESSIONAIRE pursuant to this Agreement shall apply on a primary basis and any other insurance of self-insurance maintained by the CITY shall be excess of and not contributing with the insurance provided by or on behalf of the CONCESSIONAIRE. (e) Provision. Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims made basis. (t) Obligation. Compliance with the foregoing requirements shall not relieve the CONCESSIONAIRE nor that of its employees or agents of liability from any obligations under this Agreement. 13 :.' ..L.: '. 'i '" SECTION 15. TERMINATION BY CITY. (a) CITY shall have the right to terminate this Agreement and all rights arising hereunder upon fifteen (15) days written notice to CONCESSIONAIRE for CONCESSIONAIRE'S failure to perform any obligation under this Agreement. (b) CITY shall have the right to immediately terminate this Agreement and all rights arising hereunder upon written notice to CONCESSIONAIRE if CITY has any reason to believe CONCESSIONAIRE has been engaged in any fraudulent or criminal acts against the CITY or any other person, or if CONCESSIONAIRE makes an assisgnment for the benefit of creditors, or files a petition in bankruptcy or is adjudged bankrupt, or the interest of the CONCESSIONIARE under this Agreement shall be levied upon or sold upon execution or by operation of law becomes vested in another person, firm or corporation, or abandons their obligation and responsibilities under this Agreement. (c) Terminating Accounting. In the event of termination under this Section, each party shall have full access to the other's financial records and accounts as they relate to this Agreement to facilitate a determination of financial obligations of each to the other. If the parties cannot agree, then the parties agree to submit to the juris~iction of the Courts of Seminole County, Florida, for such determination. The parties agree that in any event, and regardless of the inability of the parties to agree as to the financial obligations of each to the other, the CITY shall be entitled to exclusive, free and unobstructed lllse and possession of the Concession areas, immediately after the period for termination notice as provided for above has passed. SECTION 16. ADVERTISING. AU advertising by CONCESSIONAIRE, on site and off site, of the Concessions or CONCESSIONIARE'S services shall be approved by the CITY prior to use by CONCESSIONAIRE. The menu shall be displayed on Concession units. The CONCESSIONAIRE may also be permitted to utilize advertising mediums to publicize the existence of the Concession's operation. SECTION 17. UTILITY SERVICE. The CONCESSIONAIRE is responsible for all costs of installing and securing telephone service at the Central Winds Park Sports facility. The CITY shall provide, at no cost to the CONCESSIONAIRE, water, electricity and sewer service. All maintenance and repairs required to enjoy any utility service shall be at CONCESSIONAIRE'S sole cost and expense. 14 ')&~ ;J.. .'i. 1 " SECTION 18. TAXES. The CONCESSIONAIRE shall pay all taxes or special assessments which may be levied or assessed upon the Concession hereunder. The CONCESSIONAIRE shall pay all ta~es on its own personal property. CONCESSIONAIRE shall be responsible for all sales taxes which may arise in connection with the operation if its business. SECTION 19. TERMINATION FOR CONVENIENCE. Upon providing thirty (30) day advance written notice, the CITY may terminate this Agreement for convenience or necessity of the CITY. SECTION 20. INSPECTION. The CITY shall have the right to inspect, as it deems necessary any or all of the CONCESSIONAIRE'S operations including plants or warehouses, and, when accompanied by the CONCESSIONAIRE'S representative, other sources preparing or supplying food, milk or beverage items, etc., to ensure full compliance with health and sanitation standards. Food handling and related. personnel must meet standards of cleanliness and neatness which are acceptable to the CITY. All health and other regulation pertaining to food handling personnel shall be complied with. SECTION 21. ASSIGNMENTS. Neither party to this Agreeme~t shall assign this Agreement, nor any interest arising herein, without the written consent of the other. SECTION 22. SUBCONTRACTORS. CONCESSIONAIRE shall not enter subcontracts for any of the services to be performed hereunder by him without the prior written consent of the CITY. SECTION 23. INDEPENDENT CONTRACTOR. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the CONCESSIONAIRE and the CITY is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the CONESSIONAIRE an employee of the CITY, and the CONCESSIONAIRE shall be entitled to none of the rights, privileges, or benefits of City of Winter Springs employees. SECTION 24. EMPLOYEE STATUS. CONCESSIONAIRE and persons employed by the CONCESSIONAIRE in the performance of services and functions pursuant to this Agreement shall have no claim or right to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY'S officers and employees either by operation of law or by the CITY. 15 '..' ~ .~.. ., ~ SECTION 25. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any pervious Agreements presently in effect between the parties relating to the subject matter hereof. (b). Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 26. WAIVER OF BREACH OR DEFAULT. Waiver of any default shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and duly signed by the parties. SECTION 27. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: FOR CITY: Ronald W. McLemore, City Manager CITY OF WINTER SPRINGS 1126 East State Road 434 Winter Springs, Florida 32708 FOR CONCESSIONAIRE: Fred J. Mannara FRED'S FRANKS 1118 Seafarer Lane Winter Springs, Florida 32708-6200 Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. o SECTION 28. AMENDMENTS. This Agreement may only be amended by a written instrument signed by the parties hereto. CITY or CONCESSIONAIRE may request amendments that would increase, decrease, change or clarify any of the provisions of this Agreement. Such changes must be authorized by CITY in writing and duly signed by the parties. 16 +4 lJ. ";. -~- -~ ;j. SECTION 29. EQUAL OPPORTUNITY EMPLOYMENT. CONCESSIONAIRE agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability or national origin. This provision shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recmitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. SECTION 30. PUBLIC RECORDS LAW. CONCESSIONAIRE acknowledges CITY'S obligations under Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONCESSIONAIRE acknowledges that CITY is required to comply with Chapter 119, Florida Statutes, in the handling of materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 31. DAYS AND HOURS OF SERVICE. (a) Concession services will be required to service all baseball, softball and soccer league play at Central Winds Park Sports Facility (Spring, Summer, Fall and Winter leagues) and any other event mutually agreed upon by the CITY and CONCESSIONAIRE. A schedule of games and practices will be provided to the CONCESSIONAIRE by the Parks and Recreation Department. (b) When scheduled to service an event, the Concession stand will be open thirty (30) minutes prior to the start of the event and will stay open until the last game or match is over or 10:00 p.m. whichever comes first. (c) The CONCESSIONAIRE will provide a fully self-contained mobile Concession stand, in areas where there is not a Concession building and will leave the park at the conclusion of the event. The CONCESSIONAIRE must supply its own generator at its own cost, but can use the CITY'S electrical source, if available. SECTION 32. GOVERNING LAW AND VENUE. This Agreement shall be governed by the Laws of the State of Florida. Venue shall be Seminole County, Florida for any State action and Orlando, Florida for any federal action. 17 ~ .' '; - . .;; SECTION 33. CITY COMPUTER TRAINING AND EQUIPMENT. CONCESSIONAIRE agrees that CITY computers and equipment will not be used by CONCESSIONAIRE until such time the CITY trains CONCESSIONAIRE on the proper use of said computers and equipment. IN WITNESS WHEREOF, the parties have hereunto set their hand as of the dates written below. Signed, sealed and delivered In the presence of: CITY OF WINTER SPRINGS By: RONALD W. MCLEMORE 1126 East State Road 434 Winter Springs, Florida 32708 Date: By: FRED J. MANNARA 1118 Seafarer Lane Winter Springs, Florida 32708 Date: Fred J. Mannara, Individually ATTEST: ANDREA LORENZO-LUACES CITY CLERK CITY OF WINTER SPRINGS, FLORIDA Two (2) Attachments: 1. Exhibit A-City of Winter Springs Concession Foods Selling Price 2. Exhibit B- City of Winter Springs Concession Stand Equipment 18 EXHIBIT A f~~>...... ,. -4i t.. .l! WINTER SPRINGS PARKS AND RECREA nON CONCESSION FOODS SELLING PRICES DANISH SAUSAGE & BISCUIT HOTDOG CHILI DOG KIELBASA PEPPERONI PIZZA HOT POCKETS NACHO CHEESE/CHIPS BOWL OF CHILI SUNFLOWER SEEDS SPORTS NUTS CHIPS PRETZEL SALTED PEANUTS CASHEWS PICKLES POPCORN SNO-CONES ITALIAN ICE SNICKERS PAYDAY REESE'S PEANUT BUTTER CUPS TWIZZLERS REESE'S PIECES FRUIT CHEWS MINT CHEWS WHISTLE POPS SODA 120Z SODA 160Z POWERADE 200Z BOTTLED WATER FROZEN LEMONADE MINUTE MAID JUICE CUP OF ICE COFFEE HOT TEA NESTE A ICED TEA $ .75 $1.00 $1.50 $1. 75 $2.00 $2.25 $1.50 $1.50 $1.25 $ .50 $1.50 $ .50 $1.00 $ .50 $ .75 $ .75 $ .50 $ .75 $1.00 $ .75 $ .75 $ .75 $ .75 $ .75 $ .75 $ .75 $ .25 $ .75 $1.00 $1.00 $1.00 $1.00 $ .75 $ .25 $ .50 $ .50 $ .75 ,,",,':>-. . EXHIBIT B .... :~ .. CIT OF WINTER SPRINGS PARKS AND RECREATION CONCESSION STAND EQUIPMENT Food Server w/pump and warmer-Nacho Cheese-l #10 can Roper Chest Freezer 5.3 Cubic Feet 1 Tappan Microwave 800 Watts Sharp Carousel II Microwave 600 Watts True Freezer 23 Cubic Feet True Refrigerator 23 Cubic Feet lce-O-;\'latic 600 Pounds 1 Wyatt Hot Dog Steamer 130 Capacity Fountier Soup Kettle 8 Quart Capacity Star Popcorn Machine 8 Oz. Kettle 2 Computers w/monitors and receipt printers and cash drawers CITY OF WINTER SPRINGS PARKS AND RECREATION DEPARTMENT CONCESSION EQUP!VIENT :\lOT OWNED BY THE CITY OF WINTER SPRINGS Sno-Cone Machine Best Pop Concession Supply Lemonade Machine-5 oal. eo Sunspot Beverage 3-Burner Coffee Machine Sysco ., ..-Drink Pre-Mix Dispenser Coke ., Beverage Coolers (15 case and 6 case) Coke MEMORANDUM TO: Mayor and Commission Andrea LorenZo-Lu~ty Clerk FROM: SUBJECT: Consent Agenda Item "c" For The January 24, 2000 City Commission Regular Meeting DATE: January 20,2000 Please be advised that Mr. Fred J. Mannara of Fred's Frank's (Consent Agenda Item "C") is asking to have this Agenda Item postponed to the February 14,2000 Regular Meeting. As always, if I can be of further assistance, please feel free to contact me. COPY: Mr. Ronald W. McLemore, City Manager Mr. Anthony A. Garganese, City Attorney DOCS/correspo/commissilO 1 07 .doc