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.
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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
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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.
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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.
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(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.
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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
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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,
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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.
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(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
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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.
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(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
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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.
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(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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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EXHIBIT A
f~~>...... ,.
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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
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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