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HomeMy WebLinkAbout14013 ORD - 11/09/1977• jkh:10- 4- 77;1st . • 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 • • 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. -4- (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. -5- (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. -6- (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