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1966/04/10 INVITATION FOR PROPOEXHIBIT B INVITATION FOR PROPOSALS For the Pood, Beverage and Merchandise Concessions ANAHEIM STADIUM It is the purpose of this invitation to solicit proposals for the right to operate the food~ beverage and other merchandise concessions for the Anaheim Stadium with a seating capacity of 459000 for baseball and 509000 for footbsllo /he Stadium, located in Anaheim~ California~ is maintained and operated by the City of Anaheim and is expected to be operational on or about April 10~ 1966o The Commission will grant to the successful proponent the exclusive right to sell at retail food~ beverages~ novelties~ scorecards~ programs and other merchandise usually offered in major-league ball parks~ stadia and public buildings and at prices approved by the Commission provided~ however~ that such exclusive right is subject to the terms of the contract between the City of Anaheim and the Golden West Baseball Coo or any other tenant of Anaheim Stadium~ In pertinent part said contract provides as follows: (Quote) "CONCHS$iONS: L£SSOR (City of Anaheim) reserves the right to operate~ and hereby agrees that it will 'use its best efforts to operate or cause to be operated on an economically feasible basis~ through concessionaires who are acceptable to LfSSEE (Golden West Baseball Coo)~ all concessions involving the sale and rental in this stadium of: beverages (including~ but not limited tog beer~ coffee and soft drinks)~ food and food stuffs~ tobacco products~ c'ushions~ backrests~ scorecards and score books~ pencils~ caps~ shades~ sun- glasses~ umbrellas~ candy~ flowers~ magazines and newspapers~ baseball periodi- cals~ game programs and Angels~ and American League baseball books~ banners~ souvenirs~ novelties and all other articles and services sold or rented to patrons at baseball games and other events at the stadium° Any contrac't entered into between the LESSOR and 'the concessionaire or concessionaires involving concessions at LESS£E~S games held or played hereunder shall be subject to the approval of LESSEE~ and LESSEE shall further have the right of approval (due to sponsorships and other factors affecting LESSEE) of the br~nd~ kind and quality of foods~ beverages and other products or items which may and shall be purveyed to patrons at events held in the stadium by LESSEE hereunder~ and of the prices charged therefor (which shall be comparable to those charged at major league baseball games in other stadia)° In all instances where practicable the products of LESSEE~S sponsors shall be featured and sold by the concessionaires° Ihe concessionaire(s) shall be entitled to a reasonably sufficient number of solicitors who shall be permitted free admission to the stadium~ provided that the LESSEE shall approve the number of solicitors to be used° The concessionaire's solicitors shall at all times be neatly and cleanly uniformed~ and shall not unreasonable disturb or offend spectators admitted to said stadium or disturb or interfere with the program or event being pre- sented by the LESSEE° SCORECARDS~ PUBLIC ADDRESS SYSTEMS~ ADVERTISING: Scorecards~ etco The baseball scorecards and scorebooks~ game pro- grams and baseball books sold as part of the concessions at LESSEE"S games~ shall, unless otherwise agreed by LESSEE, be those supplied or approved by LESSEE~ and LESSEE shall furnish such items for that purpose as it may deem appropriate or desirable at such price or cost to the operator of the con- cessions as LESSEE shall determine° Any revenues derived by LESSEE from advertising appearing on said items shall accrue to LESSEE solely as its property and shall not be deemed to be part of concession revenues hereunder. -2- Such items shall be sold to the public' at the prices recommended by LESSEE° It is further agreed that the concession operator will use its best efforts to sell 'the same and that LESSOR will require the concession operator so to doo Public Addre~ Systemo At all events conducted by LESSEE in the stadium~ the public address system shall be operated for the transmission of such announcements, music and other items as LESSEE may direct~ and for such other items as LESSEE may approve~ and not otherwise° Advertisinqo LESSEE shall have the right of approval (due to sponsorships and other factors affecting LESSEE) of all advertising which shall appear in the stadium at the time of LESSEE~S games therein (whether on walls~ fences~ scoreboard, time clock or concession and novelty stands, or in the Stadium Club and restaurant facilities~ or wheresoever located~ and including but not limited to "point,-of-sale" advertising) and of the contracts with advertisers for the use or display of such advertisingo Said right of approval shall include the right to approve whether and to what extent advertising shall be allowed or used in or on ~ny part of the stadium and to approve the products to be advertised~ as well as the advertising display to be used°" (End of Quote) The Commission reserves to itself the parking concessiono Ail advertising is likewise reserved by the Commission or the sponsor of the event° Wine~ beer and other alcoholic beverages may be offered for sale 'to the extent permitted by the applicable state and local lawso It is the intention of the Commission to provide space for a Stadium Club which will accommodate approximately 500 people° (Indicate proposed terms under which the successful proponent is to operate the Stadium Club~ whether by separate agreement~ as to providing of equipmen%~ etCo)o Since the Stadium will be the home of the "Golden West Baseball Coo" of the American League~ and a professional football club~ and will be available to other tenants for all major athletic events as well as for circuses~ spec- taculars~ music and folk festivals~ civic and national affairs~ religious functions and other large scale outdoor events~ the Commission anticipates the Stadium will draw at least 2~000~000 people annually° This forecast is furnished for informative purposes only and shall in no way operate to relieve the proponent from the responsibility of determining for himself the business potential to result from the operation of these concessions° All proponents of record will be advised of leases for use of the Stadium entered into by the Commission subsequent to the issuance of this invitation and prior to the closing date for receipt of proposalso Concessionaires with an operating experience in a major league sports stadium or in a public building seating at least 5~000 people~ or with other equal experience~ are invited to submit proposals° The Concessions will be awarded on an exclusive basis for a term of ten years° The successful proponent at its own cost and expense will furnish and install the concession equipment~ storage equipment~ commissary equipment~ refreshraent stands~ booths and Stadium Club equipment as indicated in the plans and specifications~ mutually determined by the Commission and the con- cessionaireo The Commission will provide rough plumbing~ rough electric and water stubs to each point of service required° The concessionaire shall pro- vide for 'the extensions and final connecting of said utility lines° In conducting its operation~ the successful proponent will be required to repair and maintain all concession equipment~ to furnish at its own cost and expense expendable equipment necessary to the successful operation of the concessions° The proponent will be required to pay for all utilities consumed~ The concessionaire shall procure and keep in force during %he term of this agreement public liability~ property damage and compensation insurance in form and amount satisfactory to the Commission in accordance with paragraph Noo $C-17 of the SPECIAL CONDITIONS° Each proposal must be on the proponents letterhead and must offer a revenue to the Commission in accordance with the following schedule: Au CONCESSION CONTRACT Proposal must show: (1) The percentage of the gross receipt from each event~ or (2) The per-capita guarantee for each paid admission to each event; whichever sum is the greater~ payable to the Commission° Bo STADIU~ CLUB CONTRACT Proposal must show the percentage of the gross receipts payable to the Commission° Proposals submitted in accordance with this invitation must be delivered in duplicate to the Anaheim Stadium Commission~ c/o of the City Clerk of the City of Anaheim9 204 East Lincoln Aven'ue~ Anaheim~ C@lifornia9 on or before 12~00 Noon9 October 159 1964o Proposals must be enclosed in a sealed envelope or package and marked° Contents of proposals received in response to this request will not be publicly disclosedo~ A certified check or bank draft payable to the City of Anaheim in an amount of One Thousand Dollars ($19000°00) is required with the submission of a proposal to guarantee the execution of a Concession agreement and a performance bond~ and no proposal will be considered unless it is so guaranteed° Checks or bank drafts submitted by unsuccessful proponents will be returned to them by the Commission as soon as practical after the successful proponent has been selected° No proposal shall be withdrawn for a period of thirty days subsequent to the opening° Yhe successful proponent will be required to enter into a Concession Contract with the City of Anaheim and will be required to furnish a satisfactory performance bond in an amount not less than One Million Dollars ($1,000,000o00) for installation of equipment~ and a bond for One Hundred Yhousand Dollars ($100,000o00) for continuing faithful performance° The Commission reserves 'the right to reject any or all proposals. It is the intent of the Commission to fully evaluate all proposals received and select a proponent which it considers to be most satisfactory° Selection of the concessionaire will be based upon a detailed analysis and evaluation of each proposal received for such factors as (1) experience~ (2) management and financial qualifications~ (3) proposed method of operation~ (4) proposed quality of food~ merchandise and service to be rendered~ (5) suitability and adequacy of the equipment proposed to be furnished by the proponent~ (5) ability to undertake operation concurrent with the Stadium opening day~ and (7) financial return offered to the Commission° A complete and comprehensive presentation or brochure clearly setting forth the proponent's qualifications in 'terms of experience~ organization~ financial ability and other factors noted in the preceding paragraph~ numbered 1 to 7 inclusive~ to establish and demonstza~ the competency on the part of the proponent to operate the concessions~ must be submitted in duplicate with the proposal° EXHIBIT C SPECIAL CONDITIONS SC-O1 S0-02 TERMS: "Concessionaire" as used herein shall refer to the successful proponent for the concession rights; "Commission" as used herein shall refer to the Anaheim Stadium Commission~ PROPOSED CONCESSIONS DEFINED: The grant under the terms of the proposal shall be the sole and exclusive food, beverage, novelty, scorecard~ program and similar publications and other merchandise sales in conjunc'tion with all events which take place in said Stadium during the term hereof provided~ however, that such ex- clusive right is subject to the terms of the contract between the City of Anaheim and the Golden West Baseball Co. or any other tenant of Anaheim Stadium~ In pertinent part said contract pro- vides as follows: (Quote) "CONCESSIONS: LESSOR (City of Anaheim) reserves the right to operate, and hereby agrees that it will use its best efforts to operate or cause to be operated on an economically feasible basis, through concessionaires who are acceptable to LESSE£ (Golden West Baseball Co.), all concessions involving the sale and rental in this stadium o[: beverages (including, bu~ not llmi~d ~o~ beer~ ~o{fee and soft drinks), food and food stuffs, tobacco and tobacco products, cushions, backrests, scorecards and score books, pencils, caps, shades~ sunglasses, umbrellas, candy~ flowers, magazines and news- papers, baseball periodicals, game programs and Angels' and American League baseball books, banners, souvenirs~ novelties and all other articles and services sold or rented to patrons at baseball games -1- and other events at the stadium° Any contract entered into between the LESSOR and the concessionaire or concessionaires involving concessions at LESSEE'S games held or played hereunder shall be subject %o the approval of LESSEE: and LESSEE shall further have the right of approval (due to sponsorships and other factors affect- ing LESSEE) of the brand, kind and quality of foods, beverages and other products or items which may and shall be purveyed to patrons at events held in the stadium by LESSEE hereunder, and of the prices charged therefor (which shall be comparable to those charged at major league baseball games in other stadia). In all instances where practicable the products of LESSEE~S sponsors shall be featured and sold by the concessionaire. The concessionaire shall be entitled to a reasonably sufficient number of solicitors who shall be permitted free ad- mission to the stadium, provided that the LESSEE shall approve the number of solicitors to be used. Ihe concessionaire's solicitors shall at all times be neatly and cleanly uniformed, and shall not unreasonably disturb or offend spectators admitted to said Stadium or disturb or interfere with the program or event being presented by the LESSEE. SCORECARDS: PUBLIC ADDRESS SYSTEMS: ADVERTISING: Scorecards~ etc. Ihe baseball scorecards and scorebooks, game programs and baseball books sold as part of the concessions at LESSEE'S games~ shall, unless otherwise agreed by LESSEE, be those supplied or approved by LESSEE, and LESSEE shall furnish such items for that purpose as it may deem appropriate or desirable at such price or cost to the operator of the concessions as LESSEE shall -2- determine. Any revenues derived by LESSEE from advertising appear- ing on said items shall accrue to LESSEE solely as its property and shall not be deemed to be part of concession revenues hereunder. Such items shall be sold to the public at the prices recommended by LESSEE. It is fur%her agreed that the concession operator will use its best efforts to sell the same and that LESSOR will require the concession operator so to do. Public Address System° At all events conducted by LESSEE in the stadium, the public address system shall be operated for the transmission of such announcements, music and other items as LESSEE may direct, and for such other items as LESSEE may approve, and not otherwise. Advertisinq. LESSEE shall have the right of approval (due to sponsor- ships and other factors affecting LESSEE) of all advertising which shall appear in the Stadium at the time of LESSEE'S games therein (whether on walls, fences, scoreboard, time clock or concession and novelty stands, or in the Stadium Club and restaurant facilities, or wheresoever located, and including but not limited to "point-of- sale" advertising) and of the contracts with advertisers for the use or display of such advertising° Said right of approval shall include the right to approve whether and to what extent advertising shall be allowed or used in or on any part of the Stadium and to approve the products to be advertised, as well as the advertising display to be used." (End of quote) This grant of rights and privileges shall be construed expressly to include the privilege of catering in the proposed Stadium Club -3- SC-03 SC-04 or the serving of meals therein. Although the sales privileges herein granted are expressly intended to be exclusive, it is intended that the Concesszonaire shall be permitted to make such sales as are permitted to be made only at such booth, stand or other location or locations as are specifically approved to the Concessionaire by %he Commission. SALE OF ALCOHOLIC BEVERAGES: The exlusive sales rights granted herein shall extend to the sale of alcoholic beverages in all con- cession areas including the Stadium Club; provided, however, that the Concessionaire will be required %o obtain any licenses or per- mits in connection with the sale of such alcoholic beverages. The Commission will nos oppose the Concessionaire in obtaining said licenses or permits~ Ihe sale of alcoholic beverages will be per- mitted in the Stadium concession areas only and at such events as approved by the Commission. GROSS RECEIPIS: The term "gross receipts" as used herein, shall be construed to mean the total amount received or realized by~ or accruing to the Concessionaire from all sales, for cash or credit, made pursuant to the privileges authorized in this agreement~ pro- vlded, however, that gross receipts shall exclude the collection of any sales tax and in cases where any sales tax is prepaid by the Concessionaire, or included in the retail price, as a result of which it is not separately collected by the Concessionaire, the amount of tax on retail sales so paid by the Concessionaire shall be excluded from the gross receipts. -4- SC-05 RESTRICTION ON SALES BY OTHERS: The Commission, during any game or other event held in said Stadium, will not permit or allow the issuance of pass-out checks except in emergencies, or the free return of patrons to the premises after their exit therefrom. Further that said Commission will not permit or allow any salesman or vendor to sell or distribute any products~ or articles of any type whatsoever, upon the premises under the control of said Com- mission surrounding said Stadium, or in said Stadium itself at any time unless mutually agreed upon between the Concessionaire and the Commission° SC-06 CONCESSIONAIRE'S LOCATIONS: The Commission will furnish to the Concessionaire the sole and exclusive right to the use of sales stand spaces and storage spaces designated in the Stadium during the term of the concession granted° The Concessionaire shall have the rights of necessary ingress and egress to these storage spaces and sales stand spaces. SC-07 TERM OF CONCESSION: The term of the concessions shall be for a period of ten (10) years from and after the date of the formal opening of the Stadium to public use; provided, however, that any period during which said Stadium shall not be available for the use for which it was intended by reason of fire, flood, tornado, casualty, war, rebellion, insurrection, riot or any other cause of like nature, shall not be counted in computing said ten (10) years. SC-08 STORAGE FACILITIES: The Commission will furnish to Concessionaire storage space to store its merchandise and supplies, in accordance with the plans as are mutually agreed to. Refreshment stands for -5- service to /he public and both storage room and refreshment stands shall be of such structure that they are completely enclosed and can be securely locked, complete in every respect. SC-09 CONCESSION EQUIPMENT: The Concessionaire will, at its own cost and expense, furnish and install suitable equipment which it regards as necessary to the successful operation of the concessions. The Concessionaire will retain title to all equipment furnished by it during the term of this lease. At the termination of the said lease, all right, title and interest to the aforesaid equipment will revert to the City of Anaheim. SC-10 REPAIRS AND MAINTENANCE: The Concessionaire will be required to repair and maintain all concession equipment. SC-il UTILITIES: The Concessionaire will be required to pay for all utilities consumed. The use of gas in any form is prohibited. SC-12 RETURN OF BID DEPOSIT: The checks or bank drafts of unsuccessful proponents will be returned by the Commission as soon as practical after the successful proponent has been selected and has executed the agreement, or, if no proposal is accepted by the Commission within thirty (30) days after the date of opening of proposals, upon demand of the proponents at any time thereafter. SC-13 EXECUTION OF AGREEMENT: The Concessionaire will be required to execute the agreement in accordance with these Special Conditions and in the form attached to these Special Conditions within ten (10) days after receiving notice so to do, which agreement is made a part of these Special Conditions as if the same were incorporated -6- SC-17 SC-18 SC-19 INSURANCE (cunt) to do business in the State of California, public liability insur- ance, indemnifying the City of Anaheim and the Golden West Baseball Coo, other tenants, and the Concessionaire against claims for injuries arising out of the occupancy of the premises and the operation of the concession, including injury sustained by the sale of harmful foods or beverages, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for injury to one (1) person and FIVE MILLION DOLLARS ($5,000,000.00) for injury to two or more persons during each event at which the concession is operated, and shall further procure property damage insurance indemnifying the City of Anaheim and the Golden West Baseball Co., other tenants, and the Concessionaire in the amount of FIFTY THOUSAND DOLLARS ($50,000.00). Such policies of insurance shall name as parties insured, the Concessionaire, other tenants, the Golden West Baseball Co. and the City of Anaheim, and further contain a rider that the policies are non-cancellable without ten (10) days" prior written notice to the parties insured. Certificates of such policies shall be delivered to the City of Anaheim. WORKMEN~S COMPENSATION INSURANCE: The Concessionaire shall at its own cost and expense~ secure workmen's compensation insurance for the benefit of~ and keep insured during the term of this concession, the employees engaged by it in the operation of this concession. OPERATIONAL PROCEDURES: The Concessionaire: must keep all office space, rooms, alcoves, booths, kitchens and service areas used by it in a clean and sanitary condition at all times to the satisfaction of the Commission; shall use all reasonable precaution to prevent --8-- SC-19 SC-20 SC-21 OPERATIONAL PROCEDURES (cont) waste, and shall not throw or deposit any trash or other objection- able matter in or about the premises, and shall not create or suf£er to be created any nuisance on or about the same, and shall take care that no dama9e happens to the Stadium, and shall be liable for all damage occasioned by the ne91i9ence o£ itself, its a9ents or ser- vants, in the commission or omission of any acts causin9 such damage. Ihe Concessionaire must deposit its trash and garbage in its own receptacles which shall be removed from the premises by the Conces- sionaire. PRICES: Prices for items sold hereunder by the Concessionaire shall be determined by the Concessionaire subject to the disapproval by the Commission; provided, however, that such disapproval shall be reasonable and that reasonableness shall mean that prices charged shall be no higher than the prices charged for similar items in comparable stadia in the same or similar metropolitan areas. MANAGER AND EMPLOYEES: The Concessionaire shall operate this con- cession personally or by a competent manager and must employ trained and neatly uniformed attendants and employees who shall be admitted to the premises free of charge, and must see that such conduct them- selves at all times in a proper and respectful manner~ and if any such employee or attendant shall conduct himself in an improper or disrespectful manner, he shall be dismissed upon the written request of the Commission or its representatives, and not again be employed in the concession. The manner of use of callers, criers, hawkers~ signs or other means of calling attention to or selling Concessionaire's merchandise shall be subject to the reasonable disapproval of the -9- Commission. SC-22 DEFAULT BY CONCESSIONAIRE: In the event the Concessionaire shall default in any of the payments, obligations or conditions herein set forth and such defaul~shall confine unremedied for thirty (30) days after written notice of said default by registered mail addressed to the Concessionaire at its last known place of business, thereupon, at the Commission's option, this concession may be terminated. In event of termination for any reason, the Commis- sion will reimburse or cause to be reimbursed to the Concessionaire any unamortized balance, computed proportionately over the term of this agreement, of the amount expended by the Concessionaire for concession facilities installed hereunder. Upon such reimbursement, Commission shall have title to such facilities. In the event a decree or order by court havin9 jurisdiction in the premises shall have been issued (a) adjuduinu the Concessionaire a bankrupt or insolvent; or (b) approvinU as properly filed a petition seekinu reoruanization of the Concessionaire under the National Bankruptcy Act, as amended; (c) for the windin9 up or liquidation of its affairs; or (d) for the appointment of a receiver or a liquidator or a trustee in bankruptcy or insolvency of the Concessionaire of its propert¥~ and such decre~ or order shall have con~inuefl undls- char§ed or~nstayed for a period of thirty (30) days; or if the Concessionaire shall institute proceedings to be adjudicated a voluntary bankrupt or shall consent to the filin9 of any bankruptcy or insolvency proceedings against it, or shall file a petition or answer or consent seekin9 a reorganization under the National Bankruptcy Act, as amended, or under any other insolvency law, -10- SC-22 SC-23 SC-24 DEFAULT BY CONCESSIONAIRE (cont) or shall admit in writing its inability to pay its debts generally as they become due, or take any action in furtherance of any of the aforesaid purposes, or shall abandon the concession herein 9ranted then and in any such event, the City of Anaheim may, at its election, forthwith terminate this concession and all rights of the Concessionaire to continue to operate the concession hereunder. In the event of such termination the Concessionaire shall be liable, but not in limitation, for all payments required to be made to the City of Anaheim up to and includin9 said date of termination. RE-ENTRY UPON VACANCY: Concessionaire agrees that if the premises herein contracted shall, at any time, become vacant during the said term in consequence of the removal of the Concessionaire for non- payment of rent~ by legal process or any other cause, the City of Anaheim may re-enter the same and use force for that purpose as it shall deem fit without bein9 liable to any prosecution therefor, and the City of Anaheim may thereupon treat the said lease as terminated and relet /he said premises for its own use, or relet the same~ in its discretion, as the agent of the Concessionaire~ applying the avails thereof, first to 'the expenses that may accrue in re-entering~ and then to the payment of the rent due by this lease~ the balance, if any, to be paid over to the Concessionaire after so applying the proceeds, Concessionaire remaining liable, however, for any deficiency remaining. DELIVERIES: Deliveries of all supplies, goods, wares, merchandise and equipment shall be made at the service entrance of said Stadium. -11- SC-25 SC-26 SC-27 PERIOD OF SERVICE: The Concessionaire must have the concession open and in operation at any and all events from the time the gates are opened until at least one-half hour after each function is held, unless otherwise agreed by the Commission, and must not have such concession open and in operation at any time when there is no function being held in the Stadium except as may be approved by the Commisszon. Hours of operation of the Stadium Club and/or public restaurants shall be mutually agreed upon between the Commission and the Concessionaire. TRANSFER OF CONCESSION: The Concessionaire must agree not to assign, transfer, convey, sublet or otherwise dispose of this concession, or its right, title or interest therein, or its power to execute the same, to any other person, company or corporation wi%hour the previous consent in writing of the Commission. CANCELLATION, TERMINATION OR INTERRUPTION OF EVENT: The Conces- sionaire understands that the Commission will reserve the right in its sole and arbitrary discretion to cancel any event or performance upon its premises, during the performance thereof, and to dismiss the audience or cause the same to be dismissed, and the Concession- aire hereby agrees that it will not make, or allow to be made, agains~ ~he Cify of Anaheim or its officers, agents and employees for any claim for damages to the Concessionaire or other party arising out of any act of the City of Anaheim, its officers, agents or employees~ in the exercise of the Commission's discretion as aforesaid. -12- SC- 28 SC-29 SC-30 SC-31 DELAY OR CAUSES BEYOND CONTROL: The concession to be granted shall. be subject to failure or delay caused by strikes, riots, civil commotion, acts of God, or other causes beyond control of the Con- cessionaire, or she Commission, including orders, regulations or instructions of the United States, or any other governing agency having jurisdiction over the subject matter of this concession, subject to SC-O? hereof° RIGHT OF ENTRY: The Commission, its officers, agents and repre- sentatives shall be permitted to enter the said premises at all reasonable times to examine the same or to make such repairs there- in as shall be deemed requisite by the Commission, and may enter upon and pass through and over said premises for the purpose of showing same to persons wishing to lease the Stadium proper, STATEMENT OF ATTENDANCE: The Commission will furnish to the Con- cessionaire statements of attendance at all events held in said Stadium, said statements ~o accurately show the total number of fully paid admissions, passes and free admissions° ABILITY TO SERVE FIVE THOUSAND OR MORE PERSONS: The Concessionaire, by submitting a proposal on the concession contemplated~ shall be considered to have warranted and represented that the Concessionaire possesses the necessary ability, experience and personnel to be able to efficiently render the concession services required for the servicing of single events having an attendance of 5~000 or more persons. -13- SC-32 SC-33 SC-34 ACCOUNTING RECORDS AND REPORTS: The Concessionaire shall maintain such accountln9 records as may be reasonably prescribed by the Commission° It shall submit monthly as soon as possible~ but not later than twenty (20) days after the last day of the month, a report for the preceding month giving such information about its business and operatzons under this contract as may be prescribed by the Commission, The Commission shall have the right to verify all such reports from the books, correspondence~ memoranda and other records of the Concessionaire during the period of the contract, and for such time thereafter as may be necessary to accomplish such verification° PAYMENT: Concessionaire shall pay to the Commission the monies due hereunder by reason of the bid formula, on a monthly basis, as soon as possible but not later than twenty (20 days after the last day of the preceding month, etc. GENERAL PROVISIONS: (A) In connection with the operations authorized under this agreement, the Concessionaire agrees not to discriminate against any employee or applicant for employment because of race~ religion~ color~ sex or national origin° The aforesaid provision shall include~ but not be limited t0~ the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for trainzng, including apprenticeship~ The Concessionaire agrees to post hereafter in conspicuous places~ available for employees and applicants for employment, notices to be provided by the Commission setting forth the provisions of the non-discrimination -14- SC-34 SC-35 GENERAL PROVISIONS (cont) clause. The Concessionaire further agrees to insert the foregoing provision in all sub-contracts hereunder, except sub-contracts for standard commercial supplies or raw materials. (B) The Concessionaire and its employees shall not discrim- inate because of race, religions color, sex or national origin against any person by refusing to furnish such person any accommo- dation~ facility, service or privilege offered to or enjoyed by the general publico Nor shall the Concessionaire or its employees publicize the accommodations~ facilities, services or privileges in any manner which would directly or inferentially reflect upon or question the acceptability of the patronage of any person be- cause of raceT religion, color~ sex or national origin. COVENANTS: All. of the conditions~ stipulations and requirements contained in these Special Conditions shall be deemed to be covenants required to be performed by the parties to the agreement contemplated herein° -15-