HomeMy WebLinkAbout14013 ORD - 11/09/1977• jkh:10- 4- 77;1st .
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM
CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE
EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE
BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCES-
SIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER 1, 1977,
AND TO TERMINATE ON OCTOBER 31, 1980, SUBJECT fO THE
COVENANTS AND CONDITIONS,PROVIDED IN SAID CONTRACT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized and directed
to execute a contract with Margie Bennett dba Coliseum Concessions, granting
the rights of concession at the Exposition Hall and Memorial Coliseum
on Shoreline Boulevard, in the City of Corpus Christi, said concession
rights to commence on November 1, 1977,and terminate on October 31, 1980,
subject to the terms and conditions as set out in the contract, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A ".
M1CROF11, PIED
JUL 0 7 19S
14013
ikh:10 -4 -77; 1st
THE STATE OF TEXAS
COUNTY OF NUECES
AGREEMENT
I
KNOW ALL MEN BY THESE PRESENTS:
This contract made and entered into effective on the 1st day
of November, 1977, by and between the City of Corpus Christi, a municipal
corporation, hereinafter called "CITY ", and Margie Bennett dba Coliseum
Concessions, of Corpus Christi, Nueces County, Texas, hereinafter called
"CONCESSIONAIRE",
WITNESSETH:
The City hereby grants unto Concessionaire the rights of con-
cession, as hereinafter defined, at the locations hereinafter specifically
set out, subject to the terms, conditions and covenants as follows,to -wit:
I
Terms of the Agreement. In consideration of the rent hereby
provided to be paid by the Concessionaire and the covenants on her behalf
herein contained, the City hereby grants Concessionaire rights to concession
for a term beginning November 1, 1977, and ending at 11:59 p.m., on October
31, 1980 (unless previously terminated under any provision herein contained),
the designated concession locations in the Coliseum, the Exposition Hall
and the Patio area for the sale and dispensing of food, beverages and other
merchandise as hereinafter provided.
II
Concession Rights Defined. The concession rights and privileges
herein granted are the exclusive right to make direct sales to the public
of soft drinks, beer, sandwiches, popcorn, candy floss, and other merchandise
usually and customarily handled by a concessionaire, except that the City
retains the right to:
(A) Handle catering separately and independently from the
concession contract.
(B) Grant permission for merchandise to be given away on the
premises and is in no way obligated to the Concessionaire
to force such merchandise to be purchased through her.
(C) Use space designated for concessions (excepting office and
inventory storage) when the Concessionaire is not using
such space.
(D) Make final decision on matters which may arise not specifically
covered in the specifications, including the interpretation
thereof.
(E) This concession does not include the right for Concessionaire
to sell space for either temporary or permanent signs. The
City especially reserves this right to itself.
(F) Approve the form of products to be sold and to require the
containers to be suitable for consumption of the product
on premises immediately after sale.
(G) To superintend sales to the extent that sales shall be only
at and for a reasonable length of time before and after the
time of the performance or function being served and so as
to insure that the sales will not interfere with the conduct
of the performance or function being served.
III
Location of Concession. The City will provide and make available
to the Concessionaire and,except for the supervision of the City,to be in
the exclusive control of the Concessionaire the following:
(1) Exposition Hall - One (1) enclosed stand 8' x 15' with
sink, counter and cupboards.
(2) Coliseum - Two (2) 62' x 5' stands with sinks, work areas
and approximately 300 square feet of enclosed space for
inventory storage and office.
IV
The City agrees to furnish the following:
(A) Utilities: Standard outlets and connections for gas, water
and electricity for service of concession activities only. Monthly utility
bills will be paid by the City.
(B) Equipment: Installation and major maintenance and repairs
to the following will be paid by the City:
On Premises:
1 Walk -in Freezer
1 Reach -in Refrigerator
1 Walk -in Beer Cooler
1 Ice Machine and Storage Bin
2 Perlick Beer Dispensers
2 Candy Floss Machines
2 Central Poppers, 32 oz.
1 Sno -Cone Machine
2 Hot Dog Warmers
2 Electric Stoves
1 Large Safe
V
Obligations of Concessionaire. The Concessionaire will be
responsible to the City as follows:
(A) Compliance with all City health regulations and all ordinances
of the City of Corpus Christi as they affect the concession operation.
Concessionaire will secure at its sole expense all permits, licenses, etc.,
required by any governmental agency.
(B) Insurance. The Concessionaire covenants that it will carry
insurance as follows:
1. Before permitting any employees to begin working in any
capacity, Concessionaire shall cover all employees by
Workmen's Compensation Insurance, or other coverage approved
by the State Industrial Accident Board.
2. Before beginning or permitting the installation of any
furnishings, fixtures, equipment, etc., Concessionaire shall
procure and keep in full force and effect Public Liability
and Property Damage Insurance under which the City shall be
co- insured.
3. Before opening up for business, Concessionaire shall procure
either by separate policy or by appropriate rider to its
Public Liability Insurance Products Liability coverage which
is sometimes referred to as Food Handlers or Restaurant
Operators Protection (protecting against claims for damages
to persons claiming to have been served unwholesome foods,
etc.).
The policies referred to in 2 and 3 above, shall be in amounts
providingfor protection of not less than $50,000 against liability or
damage to property in any one accident and protection of not less than $50,000
for injury to one person subject to a limit of not less than $100,000 pro-
tection if injury to two or more persons in a single accident or other
occurrence.
The originals of all of the policies referred to in 1, 2 and 3
above, or copies thereof, certified by the agent issuing them, shall be
deposited by the Concessionaire with the Coliseum Manager who shall forward
them to the Director of Finance for custody. They shall include provisions
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that they cannot be cancelled except after the expiration of fifteen days
after delivery of notice of the intention to cancel to the Director of
Finance. Failure on the part of the Concessionaire to furnish a new policy
or certified copy before the expiration date of such policy or failure to
furnish a new policy before the date so fixed for the cancellation of the
existing policy so that the risk referred to shall be continuously pro-
tected will constitute a default on the part of the Concessionaire entitling
the City to its option to terminate the entire agreement.
If either of the policies referred to in 2 and 3 above do not
show upon their face that they are a flat premium policy and the premium
has been paid in full, they must be accompanied by a rider or other appro-
priate certificate or waiver sufficient to establish that the company or
agency issuing the same is entitled to look only to Concessionaire for any
premium payments and has no right to recover any premiums from the City.
The Public Liability Policy or the policies referred to in 2
above shall include provisions that the City is fully protected not only
against claims on behalf of the general public, but also against claims on
the part of any of Concessionaire's employees, including claims based upon
alleged negligence on the part of City, its officers, agents or employees.
If Concessionaire cannot procure such broad protection for the City as
a part of its Landlord- Tenant Public Liability Policy, it shall at its
sole cost and expense furnish other appropriate policies, approved by the
City Insurance Committee and City Attorney, which will also protect City.
(C) Posting in a conspicuous place,visible from every location
where merchandise is sold, a schedule of prices approved in writing by the
Coliseum Manager. Prices charged shall not be in excess of those charged
under similar conditions elsewhere in City.
(D) Maintaining a clean, safe, orderly, and sanitary operation
within the concession locations and adjacent areas.
(E) Returning the premises and equipment to City in the condition
received, except for normal wear and tear.
(F) Collecting debris in the concession stands in covered con-
tainers and placing same in designated trash areas outside the building at
the conclusion of each event served.
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(G) Providing a detailed report at the conclusion of each event
served on forms to be provided by City and reporting income from subcontracts,
if any, as earned.
(H) Consulting with and receiving approval from the Coliseum
Manager on the quality, quantity and price schedule of all concession
merchandise.
(I) Requiring employees to wear appropriate uniforms to indicate
the fact and nature of such employment and to present themselves to the
public in a clean and neat condition and in polite and courteous manner.
Drinking on duty, showing up in a condition unfit for work, or objection-
able conduct, will give the City the right to demand immediate dismissal
of concession help, and, if management or Concessionaire is the party
involved, immediate cancellation of the contract.
(J) Being prepared to furnish additional equipment (other than
that provided by City) and personnel sufficient to serve up to 6,000 people
in the Coliseum during a 20- minute intermission upon reasonable notice
from the Coliseum Office.
(The term "sufficient" as used in the foregoing paragraph
means that Concessionaire will have on hand equipment and
personnel adequate to serve all persons attending the
particular event.)
VI
General Provisions:
(A) It is a condition of the concession rights herein offered
that City will not be responsible to Concessionaire in any manner for
merchandise, equipment, etc., belonging to Concessionaire if such are not
removed from the concession locations by Concessionaire during periods
when concession locations may be otherwise occupied. It is likewise a
condition that equipment and merchandise which is not in the sole possession
of Concessionaire may not be removed. It is further a condition that Con-
cessionaire is entitled to use any and all equipment in the concession
locations during occupancy.
(B) When temporary concession stands are required at locations
other than those already specified the City will provide the space and
standard utilities and Concessionaire will be responsible for setting up
and taking down such temporary concession stands.
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(C) Operation of the concession will at all times be in keeping
with the activity using the facilities and restraint shall be exercised in
the handling of any equipment to minimize interference with the served
event caused by resulting noise. The Coliseum Manager shall have the right
to instruct Concessionaire to cease those operations which produce disturbing
noises during those periods when the resulting noise will interfere with
the enjoyment of the event in process. Such instruction shall be immediately
complied with. Beer sales will be allowed only after the activity using
the building first obtains permission in writing from the City for such
sales as set forth in Ordinance No. 5918.
(D) Subcontracts:
(1) Concession items such as programs, novelties, song
books, autographed pictures, etc., usually carried by traveling
shows and not normally stocked by Concessionaire, and additional
stands set up on a temporary basis with equipment not owned by
City or Concessionaire are considered as subcontracts. Privilege
agreements between Concessionaire and the subcontractor for such
items must be approved by the Coliseum Manager and, in case of
a dispute, the decision of the Coliseum Manager shall be final.
(2) Arrangements for vending machines will be made by the
Coliseum Manager but supervision of the machines to see they
are stocked and moved according to the event is the responsibility
of Concessionaire. Vending machines are considered to be
subcontracts.
(3) When Concessionaire does not operate as a retailer
but supplies concessions as defined in Section II herein on a
per - person basis, such service will be considered a subcontract.
(4) A flat 50% of net receipts from subcontracts will be
paid to the City by Concessionaire, except as shown in paragraph
(5) under (D), Article VI.
(5) When Concessionaire operates as a caterer supplying
food on a per - person basis, such service will be considered a
food subcontract payable to the City at 25% of net.
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(E) Maintenance of City -owned equipment will be the responsibility
of Concessionaire and City employees will not service the equipment unless a
request for major repairs or maintenance is reported to the Coliseum Office.
In the event an outside caterer wishes to buy ice, arrangements will be
handled through Concessionaire so his stock of ice will, not be depleted
without his knowledge and such sales will be considered as part of the gross
sales of Concessionaire.
(F) Concessionaire shall acquaint himself with the regulations
and rules of the Alcoholic Beverage Commission and comply with the qualifi-
cations to obtain and keep a beer license.
VII
Consideration to be paid by Concessionaire:
In addition to payments to be made under the provisions of Article
VI, Concessionaire shall make the following payments:
(A) 43% of gross sales on all basic concessmn items sold, includ-
ing all drinks, ice, peanuts, popcorn, cotton candy and sno- cones. Those
items listed in (B), (C) and (D) below, shall carry the respective percentages
shown.
(B) 50% of net income from subcontracts and vending, except food
subcontracts under (D) (5), Article VI.
(C) 23% of gross sales on food items including: chipos, doughnuts,
potato chips, pretzels, sandwiches, hot dogs, french fries, chili dogs,
tamales, coffee, barbecue, salted peanuts and pizza.
(D) 23% of all gross sales of items listed below:
Souvenirs Postcards
Novelties Toiletries
VIII
Accounting Procedure: All payments due the City shall be due and
payable without demand at the office of the Coliseum Manager.
At the conclusion of each event a report of the gross sales shall
be provided to the Coliseum Manager on forms approved by City. Payments
from any calendar month shall be due on the 20th day of the following month
and such day shall be considered the due date for all intents and purposes.
Any payment which is not made within ten days after the date it is due shall
bear interest at the rate of 10% per annum from the date it became due
until the date it is paid. In the event any amount or sum owing by the
Concessionaire to the City under this agreement remains unpaid after the
demand for payment thereof and is thereafter collected by suit, 10% in
addition computed on the amount otherwise recovered therein by the City as
attorney's fees and cost of the expense of collectionshall be paid.
The Concessionaire's cash register and all records relating to the
operation of the concession shall be subject to the examination and audit
by the City at any time. If Concessionaire shall knowingly furnish any
incorrect statement of the amount of gross sales, this will constitute a
default entitling the City at its option to declare this concession terminated.
Any such report which shall understate the gross sale for any month by as
much as 10% of the true amount thereof shall be conclusively deemed to have
been knowingly and falsely furnished by Concessionaire and the City, in
order to exercise its option of termination, shall only be required to
establish such falsity and shall not be required to establish actual knowl-
edge on the part of the lessee of such facility.
In the.event of default on the part of Concessionaire in payment
of any rental or in the performance of any of the covenants and obligations
herein described within ten days after the date the same is due, City of
Corpus Christi may at its option, after ten days written notice of inten-
tion to do so, declare this agreement terminated.
IX
Termination: If at any time the City is of the opinion that the
Concessionaire is not in performance of the terms of this agreement, City
shall have the option to terminate this agreement by notifying Concessionaire
in writing that a violation of a condition of the contract has occurred
and setting forth the nature of such violation. In the event such violation
is not discontinued, and a correction made on or before the next event for
which concessions are to be provided by Concessionaire, or within 10 days
of such notice, whichever date first occurs, then this agreement shall be
terminated except for the right of City to recover any and all sums payable
by Concessionaire. Concessionaire may appeal from such notice within five
(5) days of the receipt of same from the Coliseum Manager and such appeal
shall be in writing to the Director of Inspections and Operations and then
to the City Manager whose decision shall be final.
WE
WITNESS OUR HANDS in duplicate originals at Corpus Christi,
Texas, this the day of , 1977
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By
R. Marvin Townsend
City Manager
By
Assista t City Attorney
Di ctor of Fina Margie Bennett dba Coliseum Concessions
That the foregoing ordinance wa read for first time and passed to its
second reading on this the�day of� 19,77 by the
following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
That the foregoing ordinance was read for the second time and passed to its
third reading on this the1 - day of( j± . , 19�_, by the
following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley E
Gabe Lozano, Sr.
Edward L. Sample er
That the foregging ordinanc as rea4 for the third time and passed finally
on this the day of 19 71 by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample �1
PASSED AND APPROVED, this the_j!_day of 19 % 1
ATTEST:
City Secretary
APP D: �
AY OF �, 1917
7
J. BRUCE AYCOCK, CITY ATTORNEY
By
As istant City Aftomey of
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
This ordinance is in 'pffect and
force with or without the
signature of the Mayor, in
accordance with Article it
Section 6 of the City Charter.
14013
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,:
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came_._._.____.
Gloria Garza who being first duly sworn, according to law, says that he is the
_ Accounting _.� .._. _.� of the Corpus Christi Caller and The Corpus Christi Times,
v
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGALS..NOTICE IS HEREBY GIVEN...5TH DAY OF OCTOBER. 1977..EXECUTE A CONTRACT
WITR=01 uENNE T DBA COLISEUM CONCESSIONS,
Ca��er -Times
of which the annexed is a true copy, was published in �__�_...
on the 10 day of__. October,__
- GI&PTaa Garza ` upt, in—
g
2
Subscribed and sworn to before me this -._. ......... day of ctober.._......._..._.... 18_ 77
Eugenia S. Cortez
Notary PubUiC Pub ' Nueces County, Texas —Z5
BLIC NOTICE
Notice I ere by plven Mat
the City Council of the City a
Corpus Christi 1Vs, on the 5th
.day of Ocober, 7 , eppmved r
on first reading ordInarlre
authorliing the C Manager to
exeahh a contract Ith Margle
6ennett dba Coll Bum Con -
5esslons, preMing rights of
Concesalon at the position
Hall and Memorial Ilsaum on
Swellne Bouievartl the city
of Corpus Christi, N Coun-
y, Texas, to the sal Margb
Bennett dm Collsa m Con -
cession, anitl conrmsl rights
to begin November. 1, 417, and
Ipterminate on OCtq 31,19W.
The full text of (hlerord nee Is
avellable m the public I the Of-
fice of the City Severe
Witness my hard this th day �r
M October, 1477.
.61G. ead,
city ry
Carpus Christi, T S.
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before m the undersigned. 1
e, fined, a Notary Public, this day personally came........_..__.. _.
.G:1 who being first duty sworn, according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Cbristi, Texas, in said County and State, and that the publication of
LPGALS.._..W4.'5 .�.�.3 .F-W.BY GIVAN,,QN THE 12TH DAY OF OCTOBER 1977..A CONTRACT
WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE�I�S..
of which the annexed is a true copy, was published in
on the 7s ? day of__.O.at.obe r--.._ 19.7
s� 18....42__ _ _._
-Gloria "'G'e'rza — 'A- 6i=SUG-
Subscribed and sworn to before me this 1-9 ....._.day o .... October ....... _ 19.. 77
Eugenia S. Cortez _� S
Notaiy PubA Nueces County, Texas
PUBLIC NOTICE
Notice Is hereby given the}
t he dry Council of Clty of CWT
• pus Chrisfl has, on
he 11th day
bl Oclo6er, 1977, approved �n
wAhor reading en orElnani2�
authWizirq the Clty ManagW fi
exeaAe a cerdrnct with Marglel
BenrHStt dba Coilssum Con•
cesslons, grarding the rights of
ooncesslon at 4he Exposltbn'
Hell and MemaAal Coliseum on
Shoreline Boulevard In the City
of CWpus Christi, Nueces Caun•I
ty, Texas, to the Said Margie
Bennett dbo Coliseum Con•
cessions, laid concMW rlghf
to begin November 1, 1477, eM
to 1Wminefe en Oclo6ar 31, 199D.
Thla WEinance waa approved
on first reading on theSth daY of
October, 1977. Full text of this
ardlnarKe Is available to the
Public iInfhe Office of the City
wfness my hand this 13th;
:day of October, 1977.. .
- Blll C. Read
City Secretary
Corpus Christi, Texas