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HomeMy WebLinkAbout2015 09 28 Consent 300 CWP Concession Stands Operations Agreement COMMISSION AGENDA Informational Consent X ITEM 300 Public Hearings g Regular September 28, 2015 KL CC Regular Meeting City Manager Department REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and Brian Susa, BBS Concessions, LLC, regarding concession operations at Central Winds Park. SYNOPSIS: The Parks and Recreation Department is requesting the City Commission to authorize the concessions agreement between the City of Winter Springs and BBS Concessions, LLC, regarding concession operations at Central Winds Park. Brian Susa has been a contracted vendor since 2013 and has provided a great service to Central Winds Park guests with the operation of both the Baseball and Soccer concessions. This is a renewal. CONSIDERATIONS: • On August 12, 2013, City Commission approved an agreement with Brian Susa for concession operations at Central Winds Park. • City residents and park guests have appreciated the value of concession operations open during league play in both soccer and baseball areas of the park. • Brian Susa has done a great job working with City staff to ensure a smooth operation of both concession stands at Central Winds Park. • Brian and his team do an excellent job managing the concession operations and providing great customer service to our guests. • Brian is responsible for all food licenses and has complied with State of Florida Health Inspections in regards to management operations. • Brian pays all electric costs for both concession areas. Consent 300 PAGE 1 OF 2-September 28,2015 . Brian pays the City 10% of net revenue. FISCAL IMPACT: No City funding is required. City revenues from the concessions are anticipated to be approximately $1,200 for FY 16. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Parks and Recreation Department recommends the City Commission authorize the City Manager to execute the attached agreement, as prepared by the City Attorney, between the City of Winter Springs and BBS Concessions, LLC, regarding concession operations at Central Winds Park. ATTACHMENTS: Attachment A- Concession Stand Operations Agreement Consent 300 PAGE 2 OF 2-September 28,2015 ûÈÈÛÙÔÏ×ÎÈû CITY OF WINTER SPRINGS CONCESSION STANDS OPERATION AGREEMENT THIS CONCESSION STANDS OPERATION AGREEMENTAgreement City of Winter Springs CityBBS Concessions, LLC Contractor WITNESSETH: WHEREAS, WHEREAS, WHEREAS, NOW THEREFORE, 1.0 Recitals. 2.0 Term. 3.0 Lease of Concession Stands and Equipment. Exhibit A, 4.0Engagement; Operation of Concession Stands. [[750,657,1719,714][12][,I,][Times New Roman]]General Operation of Concession Stands. [[748,1365,1051,1422][12][,I,][Times New Roman]]Exclusivity. [[596,1837,2169,1894][12][,I,][Times New Roman]]Maintenance, Repair or Replacement of Concession Stands and Equipment. [[598,302,1044,359][12][,I,][Times New Roman]]Hours of Operation. [[598,2721,1200,2778][12][,I,][Times New Roman]]Licenses and Certification. [[598,892,1251,949][12][,I,][Times New Roman]]Keys to Concession Stand. [[513,1187,897,1244][12][,I,][Times New Roman]] Utility Bill. [[513,1600,1822,1657][12][,I,][Times New Roman]] Air Conditioning Maintenance, Repair and Replacement. [[598,2013,906,2070][12][,I,][Times New Roman]]Pest Control. [[600,2190,844,2247][12][,I,][Times New Roman]]Sales Tax. 5.0 Compensation; Accounting & Reporting. 6.0 Termination. 7.0General Liability Insurance. 8.0 Indemnification and Hold Harmless. 9.0 Severability. 10.0 Assignment. 11.0 Modification. 12.0 Third Party Rights. 13.0 Sovereign Immunity. 14.0 Public Records. 15.0 Governing Law and Venue. 16.0 Notices. 17.0 Interpretation. 18.0 Independent Contractor. 19.0 Attorneys Fees. 20.0 Further Assurances. (Signature Page Follows) IN WITNESS WHEREOF BBSConcessions LLC, City of Winter Springs, Brian Susa, Managing MemberKevin L. Smith, City Manager