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HomeMy WebLinkAbout020929 ORD - 06/05/1990AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONCESSION AGREEMENT WITH PAN AMERICAN GOLF ASSOCIATION FOR THE GABE LOZANO SR. GOLF CENTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a Concession Agreement with Pan American Golf Association for the Gabe Lozano Sr. Golf Center, all as more fully set forth in the Concession Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. Publication shall be made in the official publication of the City Corpus Christi as required by the City Charter of the City of Corpus Christi. \ORD-RES\90045 MICROFILMED ArRITEMENw THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This an Agreement entered into between the City of Corpus Christi (hereinafter called "City") and Pan American Golf Corporation (herein- after called "Vendor") for the Food and Drink Manual service contract at the Gabe Lozano Sr. Golf Center located within the City of Corpus Christi, Texas. The right herein granted is to make direct sales to the public subject to the following conditions: Vendor may operate a food and drink concession at the Gabe Lozano Sr. Golf Center for a term of five years beginning 60 days after date of execution of this Agreement and ending The Vendor shall furnish, install, service and maintain in good working order all equipment and supplies required to properly execute this Agreement. The Vendor shall furnish as a minimum: a sufficient grill, deep fryer, and a two-compartment refriger- ator. The Vendor shall furnish dispensing and cooling equipment required for sale of draft beer and canned beer. . Vendor shall serve all drinks in disposable containers (i.e., paper or plastic) or canned drinks. Bottles will not be per- miz_ted. As a minimum, the ann following items: cold late), beer, hot food breakfast eggs, bacon, cold food (sandwiches), or sundry items. ual service operation shall provide the drinks, hot drinks (coffee, hot choco- (hamburgers, hot dogs, grilled cheese, sausage, pancakes, french toast, etc.), candy, cigarettes, pastries, snacks, etc. 5. The food and drink shall be dispensed by attendants furnished by the Vendor at his expense. Clean up duties shall consist of keeping entire concession area clean within the standards of the Health Department and any other laws as pertinent to food and beverage service, which will include but not be limited to keeping tables clean, cleaning up spilled food and drink, and removal of trash from the building and placing in dumpster receptacles outside the building, on a regular basis. The operation of the snack bar area will be in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. Vendor shall purchase and maintain during the term of this Agreement a Comprehensive General Liability policy to include host liquor liability, contractual liability, and product lia- bility coverages. Minimum Limits of coverage shall be $300,000 per person for bodily injury or death, $500,000 for all claims irising out of one occurrence, and 5100,000 for property damage. The insurance policy shall name the City of Corpus Christi as Additional Insured. Vendor sha'_1 indemnify the City of :Corpus Christi against any and all losses, claims, demands, and defend any suit or action for damage or every kind and character made against the City of Cerpus Christi 'based on personal injury of any person, including death and for loss of or damage to property of any person, whether caused by the City of Corpus Christi's sole negligence or the joint negligence of the City of Corpus Christi and Vendor, or however same may be caused, growing out of any act, occurrence or omission, or incident to or resulting from the performance, or failure to perform the work or the provisions of this Agreement. Selling price shall exclude all applicable state and local sales tax. All commissions or percentages paid to the City shall be on basis of gross sales. 20. Gross sales shall be defined as total revenue of goods sold excluding all applicable sales tax. Vender shall furnish as a part of this Contract, all related supplies and condiments (i.e., napkins, salt, pepper, relish, cream, sugar, etc.). 12. It is understood vendor will establish good public relations and promote this concession service to all citizens of Corpus Christi and its visitors. Hours of operation will coincide with the Pro Shcc hours or as approved by the Director of Park and Recreation or his designee. Vendor shall provide for the sale of various sundry items (i.e., aspirin; non-prescription cold tablets, insect repellant, etc.). A list of such items being offered for sale and their price must be approved by the Director of Park and Recreation prior to sale. 14. Vendor shall file with the Park and Recreation Department on or before the 10th day of each month a monthly report of gross receipts, the report form being designed and supplied by the Director of Finance, as the same may be amended from time to time. Vendor shall submit to the Director of Park and Recreation a copy of all quarterly sales and use tax reports. Vendor shall, by the 10th day of each month, pay to the City at the Office of Collections the required percentage of gross receipts. The Director of Finance or his authorized representative shall approve Vendor's system of accounting for the gross receipts. The Director of Finance or his authorized representative shall have authority to audit Vendor's records of cross sales upon demand by the Director of Finance or his authorized representative. The City's share of gross sales will be twelve percent (12%) of Vendor's gross sales for the life of this ,hgroement. ygf0kenwyn. doc/HN (4 The Vendor shall at all times during the term hereof keep true, iccurate, complete and auditable records, in a form satisfactory _o the Director of Finance of the City of Corpus Christi, Texas. The Vendor further agrees that the Director of Park and Recre- ation or his duly _._thorired agents or representatives shall have the right to examine all pertinent books and records at any and all reasonable times for the purpose of determining the accuracy thereof and compliance with the provisions hereof. The making of any willfully false report or revenue by the Vendor shall be grounds for the immediate cancellation and termination of this Agreement at the option of the City. Any such report which shall understate the gross by as much as ten percent (10%) of the true amount thereof shall be conclusively deemed to have been know- ingly and falsely furnished by Vendor. The City, in order to exercise its option of termination, shall only be required to establish actual knowledge on the part of the Vendor. . Aside from permanent books, ledgers, journal accounts and records, the Vendor wii.1 not be required to retain beyond twelve (12) months following the completion of any year of the term hereof collateral papers and forms such as original invoices, sales checks or slips, cash register and adding machine tapes and analogous supporting data. The Vendor shall, upon receipt of written request from the Director of Park and Recreation, prepare and submit_ such reports and analyses of the operation of the concession services under this Agreement in such form and content us the City may reasonably require :.n the administration of this Agroement. Any further accountancy records as required by federal, state or local agencies shall be the responsibility of the ._..dor. l7, if, as a result of any inspection and audit, it is established that additional amounts are due, Vendor shall pay such additional amounts -to the City upon written demand made by the City not later than thirty (30) days after completion of such audit and inspection. If the results of such audit reveal a difference of more than two percent (2%) between Gross Receipts reported by Vendor and Gross Receipts as determined by the audit, the cost of the audit shall be paid by the Vendor. 18. Vendor agrees that during the performance of this Agreement, it will: a. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, handicap, or place of residence. identify itself as an "Equal Opportunity Employer" in all Help wanted advertising or requests. I. ,Tho City hereby grants unto Vendor the right to utilize the golf course grounds and the clubhouse building of the Gabe Lozano Sr. Golf Center, subject to the terms, conditions and covenants of this Agreement and City will yg06k_enwyn.doc/MN -3- rot allow other Vendors to sell on the same grounds. Vendor will be able to use a Mobile concess onwith prior written approval from the Director of Park Recreation. rhe City will furnish all utili`_ies at no cost to the Vendor. Tables and chairs in the service area are provided by the City. 1V. The Director of the Park and Recreation Department shall notify the Vendor if at any time the rates being charged by Vendor are found to be .. reasonable, and rates will be adjusted as requested by said Director or his designee. 1t is further understood and agreed that the Vendor shall not make alterations, additions or improvements to the building without _prior written consent of the Direcaor of Park and Recreation Department. Upon termination of this Agreement, all alterations, improvements and additions made by the Vendor become the property of the City in fee simple, without any tuner action or process of law. Vi. _.. the event any legal action is undertaken by the City to coPect the amounts due hereunder, to collect for any damages growing out of breach of this contract, or to in any way endorse the provisions of the contract, Vendor shall pay the City's reasonable attorneys fees, interest, and court costs. Vendor'shall incur no debts or obligations on the credit of the City of Corpus Christi, Texas. V11. Any allowances or adjustments for allowing other food or drinks on the premises must have prior approval from said Vendor and the Superin- tendent of Golf. VIII. Tne GiLy Manager, or his designated representative, may, upon thirty (30) days' advance written notice terminate this Agreement during the term hereof for material violation of the provisions of this contract by Vendor; provided, however, the City Manager, or his designated representative, may imhediateiy terminate this Agreement for Vendor's persistent violation of the terms of t -his Agreement after providing written notice of termination to Scrdor. Vendor :ray terminate this Agreement if the Vendor provides the City's Director of Park and Recreation sixty (60) days' advance written notice. 'iced shah be given it ti.rinq by sending b-✓ first class grail rowan pr-�paic, the tclimiag: - - - TK VENDOR: ..rc F.CTOR. C^ PARR AND RECREATION P. G. FOX 11)77 CoR0US CHRISTI, TEXAS 78469 Pan American Golf Corporation 1037 Gnllibar Road Corpus Christi, Texas 78411 cm at such other address as each party may designate to the other in writing. ?his shall be construed as a service contract no: assignable, in- cluding the right to use and occupancy of the Gabe Lozano Sr. Golf Center concession area. X1. __ if etpr_sunderstood that Vendor is an independent contrac- tor, and that Vendor or its agents or employees are not City employees and are nor entitled to benefits normally accorded City employees. Vendor shall be solely responsible for the actions or °missions of Its employees, agents, or independent contractors in the performance of this contract. Vendor shall submit a completed Disclosure of Interest Form as part of this Agreement. WITNESS^the hands of the parties in duplicate originals hereto this the day of , 1990. ATTEST: By: By: THE CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary T.PP0OVED THIS DAY OF 1990 BY: HAL GEORGE, CITY ATTORNEY Ass! _stant City Attorney Juan Garza, City Manager ?an American Golf Corporation Concessionaire INPROVEMENTS AGREEMENT TIF. STATE OF TEXAS OteiNTY Or NUECES THIS IMPROVEMENTS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and Pan American Golf Corporation, hereinafter called "Vendor". WHEREAS, the Vendor has been selected for the Gabe Lozano Golf Course concession -manual operation, for use by the public. NOW, THEREFORE, the City and the Vendor agree as follows: I. The Vendor will construct certain improvements in the present Concession Area at Gabe Lozano Golf Course. The improvements will be in accordance with the applicable City Codes and will include purchase and installation of a manual food operation to include some permanent improve- ments. These improvements include: approximately 800 s.f. expansion of concession, as per approved improvements plan The construction will be contracted for and financed by the Vendor. Upon termination of this Improvements Agreement or the agreement dated between Vendor and the City, all permanent equipment, alter- ations, improvements and additions made by the Vendor become the property of the City in fee simple, without any action or process of law. 2. Vendor shall, at his own expense, construct such improvements so as to be in full conformance with City Codes. City and Vendor shall make a final inspection of improvements to determine compliance with the applicable City Codes. If there are any Code deficiencies or non-compliance, Vendor shall remedy same at his own expense. 3. The City agrees that the Vendor may r described construction costs through monthly amortization $300 per month toward their total payment. For purposes of Agreement, the amount of said amortization recovery to the exceed in the aggregate Nine Thousand Five Hundred Dollars The actual recovery will be adjusted according to the actual after completion of the work , but in rro event shall it stat. -ed amount. ecover the above of not more than this Improvements Vendor shall not ($9,500) Dollars. improvement costs exceed the above This recovery ro the Vendor will be made only after comple- tion and acceptance of all improvements by the City. Recovery to Vendor shall be ,,cc::,apiished by Vendor deducting his monthly amortization costs for such improvements from the City's monthly share of the concession receipts. 4. The Vendor agrees to indemnify the City against any claims arising as a result of this Project. 5. This Improvements Agreement shall terminate upon the complete amortization of the costs for improvements by Vendor or upon any dispute arising from the payment, installation, or acceptance of the improve- ments. b. This Agreement shall not modify, alter, or amend the Agreement with Concessionaire for providing services except as may otherwise provide herein for offsets. This Improvements Agreement to offset does not constitute an obligation of the City to remit all or any portion on the amortized costs upon the termination, revocation, or failure of Concessionaire ..c make payments pursuant to the Agreement to provide Concessionaire services. EXECUTED this the day of , 1990. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By: By: Arma ;dc Chapa, City „cost, ry APPROVED THIS Juan Garza, City Manager DAY OF VENDOR: 1990 BY; HAL GEORGE, CITY ATTORNEY By Assistant City Attorney By: Pan American Golf Corporation Concessionaire That the foregoing ordinance was read for its second reading on this the 19CEC , by the following vote: ) Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt the first day of une and pass -.A to Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the to its third reading on this the day 19 /,J , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt L/ , :11 1/ That the foregoing ordin4nce was finally on this the 154 1 day of following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt i PASSED AND APPROVED, this the ATTEST'* City"Secretary APPROVED: DAY OF HAL GEORGE, BY Lc.�— at 4,1 I second time and passed of /I/04 Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. read for the third tim and passed 19 ? C , by the CITY ATTORNEY , 19 Edward A. Martin Joe McComb Clif Moss Mary Rhodes A ; Frank Schwing, Jr. 41 )(.- day of -(( JLL // d h�,YOR THE CITY OF CORPUS CHRISTI Assistant 044 City Attorney , 19 CITY OF CORPUS CIIRISTI 54259 1 32.40 Cr ( l ILLIt'‘' DEBRA VILLARREAL Ei "NOTICE OF PASSAGE OF ORDINANCE" 10th day of June, 1990. 4.24.93 oic 25th if June DEBRP.VLi,PREa_ Notary Pn:plic State of Tex& My Comm. Exp. 4-24 CITY OF CORPUS CHRISTI 8809 "NOTICE OF_ PASSAGE OF_ORDINANCE."__ 35.10 DEBRA VILLARREAL 13th day of May, 1990. this L2th '_ June 90 DEBRA VILLARREAL t Notary Public State of Texas MIyComm. Exp. 4-24-93 NOTICE OF FAbaAuL OF ORDINANCE ON SECOND READING AUTHORIZING THE EXECU- TION OF A CONCESSION AGREEMENT WITH PAN AMERICAN GQLF ASSOCIA- TION FOR THE GABE LOZANO SR. GOLF CENTER; the term of the lease a is five years with - remuneration of 12% of gross sales to the city A copy of the full text of the ordinance is available to the public at no charge in the office of the City Secretary. The ordinance was passed - and approved on second reading by the City Council of the City of Corpus Christi, Texas on the 8th day of May, 1990. /s/ Armando Chapa City Secretary City of Corpus Christi NOTICE OF PASSAGE OF ORDINANCE NO. 20929 AUTHORIZING THE EXECU- TION OF A CONCESSION 111 AGREMENT rVITH PAN I AMERICAN GOLF ASSOCIA- TION FOR THE GARE LOZANO SR_ GOLF CENTER, the term of the lease 'I; is five years with remuneravon of 12% of { gross sales to the city. fA copy of the full text of the ordinance is available to 119 the Slit at no charge in the I oh e of the City Secretary. 11.0 ordinance was passed and approved on third reading ny the City Council of the City of Corpus Christi, Texas on the 5th day of June, 1990. /s/ Armando Chapa City Secretar. City of Corpus Chry