2016 NON-PROFIT ORGANIZATION CONCESSIONS SERVICES AGREEMENT. Group address:

Transcription

1 2016 NON-PROFIT ORGANIZATION CONCESSIONS SERVICES AGREEMENT Group information Group name: Federal Tax ID #: ( Group ) Group address: Contact Information Group Leader #1 Group Leader #2 Name: Telephone: Name: Telephone: Event Information Name and Date of Event Required Number/Type of Workers Donation This page and the attached Non-Profit Organization Concessions Services Agreement comprise the entire agreement between the parties (the Agreement ). Each party has executed this Agreement by its duly authorized representative. Group Signature Printed Name Title Date Bull City Hospitality, LLC Signature Printed Name Title Date Approved by Club: (initials) Proof of Insurance: Date Received Expiration Date

2 NON-PROFIT ORGANIZATION CONCESSIONS SERVICES AGREEMENT WHEREAS, Bull City Hospitality, LLC ( Bull City ) has certain concession rights and privileges at the Durham Bulls Athletic Park (the DBAP ) under that certain Concessions Agreement (the Concession Agreement ) with The Durham Bulls Baseball Club, Inc.(the Club ) and Group desires to operate part of said concession privileges. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained, and for other good and valuable consideration, it is hereby agreed by and between the parties as follows: 1. INTRODUCTION. Bull City desires to use local not for profit service groups to staff its many food service areas, including: 1.1. Concession stands & cooking portables. These provide a wide range of food items and beverages, and require from 6 to 12 persons to operate. A 6-person stand will have four counter workers, one cook, and one cook/runner; a 12-person stand will have seven counter workers, three cooks, and two runners Beverage portable stands. These are located on the concourse throughout the DBAP, serving items such as premium draft and bottled beer, soda, and prepared food items. Each portable stand sells only a few products, and requires one to ten people to operate Suites Service. Patrons in the private suites area may also order from a central kitchen, and the group volunteers handle delivery of the food and beverage items to the patrons Pre-game Party. Patrons order food and drinks for a party before a game. Group volunteers help set up, serve and break down the party In return for these volunteer services, Bull City will make a donation to the Group based on a percentage of net sales, a guaranteed minimum amount, or a flat rate per worker per event. This Agreement defines the level of service expected of and agreed to by the Group and the manner in which the donation amount will be determined. 2. NON-PROFIT STATUS. The Group represents that it is a tax exempt, charitable or not-for-profit entity in accordance with the rules and regulations of the Internal Revenue Service and that the members who will be performing services for the Group under this Agreement are volunteering their time without compensation or individual benefit. The Group must supply Bull City with a Non- Profit Federal Tax Exempt Identification Number. This Agreement is not valid without this information. If the number changes for any reason, it is the Group s responsibility to keep Bull City informed. 3. TERM 3.1. Unless terminated under the provisions of Section 9, this Agreement shall be in effect from the date of signing by both parties through September 30, Non-Profit Agreement Page 2 of 12

3 4. RETENTION/SCOPE OF SERVICES Bull City hereby retains the Group to provide its members as concession stand workers for the events held at the DBAP listed on Page 1 of this Agreement (the Events ). Bull City will in return make a donation to the Group as specified in Section 5. The Group agrees to work a minimum of ten (10) Events during the term of this Agreement, and to provide the necessary number of people for each Event, as detailed on Page Durham Bulls Baseball games typically begin at 7 PM, 6:30 PM, and 5 PM. Gates open to the public one hour before game time. To ensure the food service concessions are ready at gate opening, the Group will schedule their workers to report for duty at the indicated times: Stand Leaders Set-Up Workers Rest of Crew Report Times Portable (2-4 Person) Regular (6-Person) Large (10-Person) High Volume (11-12 Person) 7PM 6:30 PM 5 PM 4:30 4:00 2:30 1 Person 2 People 2 People 2 People 5:15 4:45 3:15 1 Person 3 People 5 People 6 People 5:45 5:15 3: People 1 Person 3 People 3-4 People 4.4. The Group agrees to work the Events, recognizing that through circumstances beyond Bull City's control said events may be rescheduled. The Group's responsibility for such rescheduled events applies as follows: Delayed start: the scheduled Group will work the Event. Bull City reserves the sole discretion to reduce stand support or close stands early, depending upon remaining crowd size Game rescheduled to a subsequent date as a double header: The Group scheduled to work on the date of the make-up doubleheader will cover two 7 inning games. All report times will be moved up one hour (earlier) to accommodate the earlier gate opening These actions do not relieve the Group of its obligation to work at least 10 events during the season. If the rescheduling of an Event causes a Group to fall below this number in terms of actual events worked, the Group must make up the shortfall by scheduling one or more additional events. Bull City may waive this requirement if the schedule is full through the end of the season With the advance, event-by-event agreement of the Bull City group coordinator, Groups may also bring extra members to work portable locations or to backfill other Groups reporting with too few workers. The providing Group will receive a donation of $35 for each of these extra workers, over and above the donation for their regular scheduled stands. When a Group's "extra" workers are solely responsible for a portable stand, the Group will receive either the commission rate specified in Section 5 or the $35 per extra worker, whichever is greater. Non-Profit Agreement Page 3 of 12

4 4.6. The Group agrees to have its assigned location(s) prepared for the each Event and fully open for business prior to the opening of the DBAP to the public, and to keep the location(s) open and fully staffed until directed by Bull City management to close. Group members must be in proper uniforms at all times Additional events at the DBAP may be placed on the schedule at any time after this Agreement is accepted. Bull City reserves the right to offer these events to select Groups or to open them up to all on a first-come, first-served basis. These events will count for Group participation just like a regular game. Depending on the nature of the event, Bull City will determine and announce in advance whether it will be a flat-rate donation or commission based on net sales. 5. Donation to Volunteer Groups 5.1. For the services provided by the Group and its workers, Bull City will make a donation to the Group computed as follows. "Net sales" is defined as gross sales of food products, beverages, and beer minus the state and local sales tax imposed on beverage and beer sales and less any cash or inventory shortages. Concession Stands & Cooking Portables Beverage Portable Stands Number of Events Percentage of Net Sales Percentage of Net Sales % 10% % 10% % 10% % 10% % 10% 5.2. A group working a concession stand and cooking portable locations will have the option to earn an extra 1% of net sales if they staff the location 100%. This means that Bull City does not provide a dedicated cook or stand manager to assist in the operating of the concession stand or cooking portable. After working 5 Events, the Group can request this option, and it will be in Bull City s sole discretion to determine if the Group is able to run the stand effectively without dedicated staff In lieu of the above commissions (where the Group supplies individuals but does not manage an entire concession stand), Group will receive a flat-rate donation of $30 per suites service worker and $35 per pre-game party service worker For rainout Events, Bull City has the right to cancel Group services to 1 hour prior to report time. In such event, no payment will be made to the Group. If the cancellation occurs less than 1 hour prior to report time, Bull City will pay the Group $50.00 per hour if the weather does not permit opening of concessions once the Group has arrived for up to the first 3 hours of the scheduled time of the Event. If due to bad weather conditions or other factors, the Event is terminated early or sales are significantly below normal levels, the Group will receive the higher of the percentage fee or a minimum payment equal to $35 per person for the number of workers Non-Profit Agreement Page 4 of 12

5 who reported for duty or the number of workers specified in Section 4.2, whichever is less. The amount payable will be reduced by any shortages in cash or inventory If the Group is scheduled to work and has been confirmed by Bull City in advance and the Group does not show or does not show with the appropriate number of people, the Group will be charged $ The Group must give a minimum of a 24 hours notice if the Group is canceling Bull City will pay Group by check, on regular basis (usually no later than 25 days after the completion of each home stand), mailed to the specific address provided in this Agreement. All checks will be made payable to the Group, not to an individual. The Group leaders must promptly notify Bull City of any address changes If Group is terminated for cause (Section 9.2), Group forfeits any donations that have been accumulated to that point but have not yet paid. 6. Stand Management Procedural Requirements 6.1. All workers will sign in upon entrance to the DBAP. Bull City reserves the right to monitor arrival times, and to take corrective action as described in Section 9.1 when the Group fails to ensure timely reporting of its scheduled workers Stand Leaders (inventory and cash managers) will report 2½ hours prior to game time. They will verify inventory and the opening cash till, and then begin to organize product, set up equipment, begin production of prep list, review and adjust member staffing levels, review event information with Bull City management and whatever else may be required. Worker report times are stated in Section 4.2 of this Agreement and should be strictly followed; any changes to these times will be at the discretion of Bull City management The Group s designated cash manager must sign out the stand's cash bank from the Bull City cash room on the bank sign out/in sheet. They must present their driver's license in exchange for bank. They must verify the bank amount prior to leaving the cash room, and they assume all responsibility for the cash until its return to the cash room At the beginning of each Event, the Stand Leaders will verify the opening inventory and record any discrepancies. Bull City management must verify all opening inventory discrepancies before the public gates open. All activity related to chargeable inventories (opening and closing balances, as well as any transfers to or from the stand during the event) must be properly recorded on the stand inventory report with absolutely no exception permitted No product may be added to or removed from any location without being recorded on the respective 2-part transfer/issue slip, which will be turned in with the stand inventory report. A Bull City manager and the designated Group leader must both sign all product transfers signifying both verification and accuracy of all items counted Every location will be issued a daily preparation sheet defining the quantity of each item the concession manager wants prepared in advance of the opening of public gates. Waste should be kept to absolute minimum. Over-preparation causing excess waste will result in a monetary Non-Profit Agreement Page 5 of 12

6 charge back against the Group's commission. Bull City retains sole discretion to determine what is considered excessive and the amount to be charged All chargeable inventories not fit for sale (i.e. dropped on the floor, crushed, burnt) as well as cooked surplus must be retained and recorded as spoilage at the end of the event. Bull City management will verify all such waste and insure that it is being properly recorded on the spoilage report and stand inventory report. Inventory credit will not be allowed unless physically checked by Bull City management and the Group leader. Bull City and the Group leader must both sign all spoilage reports signifying both verification of the items and accuracy of the count. This food is to be disposed of on-site; it is NOT to be taken out of the stadium Only Bull City has the authority to change any menu items, portions, portion control technique or price charged for any item. Nothing in this agreement confers any exclusive rights to the Group for either products or location(s) At the end of each event, the Group Stand Leaders will reconcile the cash turned in against the sales figures calculated from the stand inventory report. The formula is: (starting inventory) plus (transfers in) minus (transfers out) minus (gratis) minus (spoilage) minus (ending inventory) equals (units sold); (units sold) times (unit price) equals (inventory sales). The inventory sales figure should match the cash turned in. Bull City management may at its discretion spot check or recount inventory to resolve discrepancies greater than this amount, and/or may assess any shortage against the Group's commission For stands equipped with cash registers, Stand Leaders will also conduct reconciliation against the register X tapes. This provides an additional point of reference to indicate whether a cashinventory discrepancy is more likely attributable to cash handling or inventory count errors When Groups are scheduled for consecutive games in the same stand, the Stand Leaders must ensure that the initial date opening inventory and the final date closing inventory are particularly accurate. For these scheduled blocks of events, the individual event overages and shortages will be combined into a single net figure. Minor opening inventory variances attributable to the same Group's previous closing count error will not be adjusted on the stand sheet (the errors will offset each other). Major opening inventory variances (e.g., possibly due to unrecorded warehouse deliveries) MUST be recorded as opening inventory variances. The level leader will help determine which variances are major and which are minor Bull City reserves the right to conduct random spot audits of any Group s inventory, cash, or cash register readings at any time Groups will properly clean all equipment used in their stands, and sanitize all food-handling items, at the end of each event. This includes wiping down all equipment, washing trays and containers, sweeping, mopping, and removal of trash. Failure to do so will result in a fine assessed against the Group. 7. General Work Rules 7.1. Solicitation of tips is strictly prohibited. Solicitation of tips can include any of the number of things, including, without limitation: cups left in service areas or view of guests that are used to Non-Profit Agreement Page 6 of 12

7 collect money, leaving money on the counter, verbally or giving a motion that additional money is being requested beyond the sale price of the product, and any discussion by a Group member with a guest that they are volunteering to work at the stand and they are not paid Left over product and give-away/promotional items. No left over product may be removed from the DBAP and a Group member cannot accept give-away or promotional items Advertising is not allowed. Bull City allows the Group to wear a hat with the Group name and nothing else. The Group cannot bring literature, pens, or any other item advertising their organization or any other entity or cause Access to the DBAP is permitted only to Group members specifically working in the Group s assigned locations. Group members may only gain access by using the designated employee entrance. The DBAP views unauthorized free admission for ticketed events as theft of services In accordance with the laws of the State of North Carolina, the Group members shall not make any efforts to solicit beer sales in order to increase the amount of donation payable to the Group The Group will ensure that: (a) Each of the duties listed below must be performed by the Group members who satisfy the applicable minimum age requirements. The minimum age requirements are in conjunction with laws of the State of North Carolina concerning the dispensing, selling, and/or handling of alcoholic beverages. (i) Any Group member working as a bartender (including sales of wine or mixed alcoholic beverages) must be at least 21 years old. (ii) Any Group member only pouring beer from a spigot into a cup at a concession stand must be at least 18 years old. (iii) Any Group member selling beer or other alcoholic beverages to customers in the stands must be at least 21 years old. All stands have the potential for alcohol sales. (iv) Any Group member working as a server and delivering alcoholic beverages to customers must be at least 18 years old. Any deviation from the foregoing will result in immediate termination of the entire Group, forfeiture of all donations otherwise payable hereunder and possible criminal penalties that might be assessed by the State of North Carolina, county and/or city enforcement or police departments. (b) The Group can bring no more than two members who are at least 16 years of age to work only on preparation and support, but not to serve customers, to bartend or pour beer, or to sell or serve alcoholic beverages. Under no circumstances will anyone below the age of 16 be permitted to work in a concession stand in any capacity. Non-Profit Agreement Page 7 of 12

8 (c) All Group members must bring proof of age to each event. If a Group member fails to bring such identification he or she will not be permitted to work and that Group will not receive credit for him or her in computing payments hereunder. (d) All Group members will complete the Bull City training program which will include alcoholic beverage and food preparation and handling training. (e) All Group members will comply with all laws and regulations relating to the handling and service of food and alcoholic beverages, including but not limited to the following: At the time of an alcohol purchase, a Group member shall: (i) ask the customer for either a valid driver s license, valid military ID, valid passport, or State of North Carolina identification card (expired driver s license, college ID s, and other forms of ID may not be accepted); (ii) inspect the driver s license or identification card presented by the customer; and (iii) compare the description on the driver s license or identification card with the appearance of the customer for physical features such as height, weight, hair and eye color. (f) In the event of any violation of any of the foregoing subsections, the Group will be terminated immediately and will forfeit all donations otherwise payable hereunder. The Group shall reimburse Bull City for any fines, penalties or costs assessed to Bull City for any such violation The Group acknowledges that the Group and all Group members are considered agents of Bull City by virtue of this Agreement and shall not be considered employees of Bull City. However, Group members will not receive compensation from Bull City for their donation of services to the Group. In addition, Bull City shall not be required to pay any wages, or extend any benefits to the Group members. Bull City shall be responsible for directing the conduct of Group members as their conduct relates to the Alcoholic Beverage Control laws of the State of North Carolina and the rules and regulations of the Alcoholic Beverage Control laws All Group members shall follow specific operational directives given by Bull City management and all Bull City designated supervisors All Group members must abide by Bull City work rules, a copy of which will be made available to each Group. Violation of any Bull City rules, terms and conditions may result in the immediate termination of this Agreement Uniforms. All Group members must wear a standard uniform conforming to Bull City guidelines, consisting of: A ball cap, either plain or bearing a distinctive Group identification, must be worn properly. All workers in a given stand must wear matching caps. As an alternative to Group-logo caps, Groups may purchase Durham Bulls Athletic Park/Durham Bulls caps for Non-Profit Agreement Page 8 of 12

9 their workers. At Bull City's discretion, minors will be issued distinctive caps to facilitate control of minor work rules, alcohol handling, and so forth. No visors are permitted. A Bull City shirt or apron issued free of charge for each member at each event. Shirt will be tucked in. The Group leader will provide a list of sizes and quantities needed for each event to the Bull City Group Manager no later than 5 days before each event. Shirts will be issued in bulk to the Stand Leaders upon check-in for each event, and will be returned to the uniform room for cleaning at the end of the event. Individual members will wear, or may wear at their discretion when issued a uniform shirt, a white shirt under the Bull City apron. Uniforms must be returned at the end of event or Group will be charged Pants, capris, or walking shorts of a color specified by Bull City. (a) If belt loops are present, a belt must be worn. (b) Pants must be of a style considered suitable for a "business casual" environment. Excessively baggy or tight styles or denim jeans are not allowed. (c) Shorts must be of a walking shorts style. Excessively baggy, tight or "short shorts" are not allowed. The cuff of the shorts must be within three inches of the top of the kneecap when standing. (d) A mix of shorts and long pants within a stand is acceptable Socks and shoes with closed heels and toes must be worn. Given the hours spent standing and the work environment, comfortable shoes with non-skid soles are highly encouraged Bull City reserves the right to determine on any specific case whether or not a Group member's attire meets these standards. Any Group member failing to meet these standards will not be allowed to perform concession activities. They will not be considered in the count of workers supplied by the Group for that event Group Leaders will keep their members informed about specific terms and conditions of this Agreement, to include any procedural changes made during the course of the season Bull City is an equal opportunity company and does not permit discrimination against or by any Group of individuals on the basis of race, color, religion, creed, age, sex, disability, national origin/ancestry or other classification protected by law. Bull City reserves the right to terminate this Agreement in the event the Group, in any way, violates this equal opportunity policy, as applied to the operation of the stadium, concession activities, or service to customers Bull City reserves the right to suspend or terminate any Group member who, in the judgment of Bull City management, does not represent the best interests of Bull City and its client with respect to the successful, responsible and satisfactory operation of the concession activities of Bull City. Non-Profit Agreement Page 9 of 12

10 7.14. The Group shall take reasonable care in the use of premises, equipment, products and any other items furnished by Bull City. The Group agrees to carefully monitor its operations and activities and use its best efforts to prevent negligence, by the action or omission, by any of its members in the conduct of the Group operations hereunder. Failure to do so may result in a charge to the Group. Group members may not disassemble or attempt to repair any equipment or change CO2 tanks. Bull City will provide personnel for these activities. 8. TRAINING 8.1. Members of new Groups and new members of experienced, returning Groups must attend training sessions conducted by Bull City. This training must be completed prior to the new worker reporting for their first event. For exceptionally well-qualified Groups with a significant number of returning workers, Bull City may waive this requirement and allow the Group to train their own new workers. The Basic training classes are normally conducted on weeknights from 6-10 PM at the DBAP. Bull City will publish the schedule by the end of February. Group Leaders should ensure all new workers are scheduled as quickly as possible to ensure they are able to work when needed. Training class reservations are required, as are notifications of reservations to be cancelled. Both no-shows and unexpected walk-ins are strongly discouraged and will be counted against the Group during consideration of their future training needs Each Group must designate two individuals as Group Leaders. Group Leaders are responsible for both learning all required policies and procedures and also for communicating and enforcing the same with the members of their Group. These Group Leaders must attend a special orientation meeting to be scheduled prior to the season's commencement Each Group must designate a number of workers to be trained as Stand Leaders. Stand Leaders are responsible for the operation of the stand during the event, as well as managing the inventory and cash accounting for that event. New Stand Leaders must attend training to learn these procedures. This training is conducted on Saturdays from 8 AM to noon at the DBAP. Reservations are required, as are notifications of reservations to be cancelled. Both no-shows and unexpected walk-ins are strongly discouraged and will be counted against the Group during consideration of their future training needs. 9. DEFAULT/TERMINATION 9.1. Any Group which fails to provide the agreed number of workers for an Event will be considered in default and will be subject to the following penalties: Forfeiture of any commission earned at that Event, with payment reduced to the minimum per-worker guarantee of $35 for each worker present for duty Assessment of a $25 deduction for the first occurrence and $50 for the second occurrence Suspension or termination of this Agreement upon the third occurrence Forebearance by Bull City in not imposing any of the above penalties does not nullify the right to impose them for subsequent occurrences. Non-Profit Agreement Page 10 of 12

11 9.2. Termination for Cause: Should the Group fail to fulfill the terms of this Agreement, Bull City may terminate this Agreement on 24 hours written notice and bar the Group from any further activity at the DBAP. Any Group terminated for cause will forfeit any donation accumulated but not yet paid. Such termination will be effective immediately upon notification by Bull City. Failure to fulfill the terms of this Agreement includes, but is not limited to, the following: Repeated minor or one-time gross failure to provide the number of trained workers for Events as specified on Page 1. "Gross failure" means fewer than half of the required workers reported for duty Failure to comply with alcohol handling rules Consumption of alcohol by Group members in the concession stands Concession shortages Theft of goods, services, or cash from Bull City, Club, or the DBAP. This includes but is not limited to consumption of food beyond that allowed as the worker's gratis meal without making proper retail purchase of such food item(s) Any attempt to defraud Bull City by any means, to include but not limited to skimming cash overages, recovering used beverage cups from trash to record as "spoilage", rehashing of cups, altering inventory counts after verification by Bull City, and so on (even if unsuccessful) Failure to comply with any part or spirit of the conditions laid out in this Agreement Termination for Convenience by Bull City. Bull City shall have the right to terminate this Agreement for convenience effective 7 days following the date of notice of termination. In such event, Group shall be fully compensated for all commissions earned through the date of termination and neither party shall have any obligations to the other arising on or after the date of termination Termination for Convenience by Group. This Agreement may be terminated by the Group without penalty to the Group (that is, the Group will not forfeit any donations accumulated but not yet paid) provided the following conditions are met: The termination is effective 7 days after notice, unless otherwise approved by Bull City, from the date of the mutual agreement to terminate The Group successfully works all Events up through and including the last day of the 7 day notification period As of the termination effective date, the Group has worked ten or more Events. 10. MISCELLANEOUS Non-Profit Agreement Page 11 of 12

12 10.1. The Group is responsible for its own insurance and must maintain general liability and property damage insurance with a single combined limit of at least One Million Dollars ($1,000,000) for bodily injury, death and property damage. The Group must provide a certificate of insurance to Bull City naming Bull City Hospitality, LLC, The Durham Bulls Baseball Club, Inc., The City of Durham, and Capitol Broadcasting Company, Inc. as additional insureds This Agreement shall be governed by the laws of the state of North Carolina and represents the entire agreement between Bull City and the Group named below and supersedes all other prior negations or agreements, either written or oral. Business conditions may occasionally dictate modifications to the specific terms of this Agreement; however, no changes can be made without specific written approval of Bull City. Non-Profit Agreement Page 12 of 12