HomeMy WebLinkAbout021052 ORD - 12/18/1990AN ORDINANCE
AUTHORIZING THE EXECUTION OF A SERVICES CONTRACT
AMENDMENT TO THE CONCESSIONAIRE AGREEMENT AT BILL WITT
SOFTBALL COMPLEX WITH CHRISTINE HEINESH TO PROVIDE FOR A
TRANSFER OF CONCESSION RIGHTS TO PADRE LITTLE --SENIOR
LEAGUE DURING FUNCTIONS SPONSORED BY THE LEAGUE; AND
DECLARING AN EMERGENCY.
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 Services
Contract Amendment to the Concessionaire Agreement at Bill Witt Softball Complex with
Christine Heinesh to provide for a transfer of concession rights to Padre Little --Senior League
during functions sponsored by the league, all as more fully set forth in the Services Contract
Amendment, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit A.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, to find and declare an emergency due to the need of executing the
abovementioned Services Contract Amendment at the earliest practicable date, such finding of
an emergency is made and declared requiring suspension of the Charter rule as to consideration
and voting upon ordinances at three regular meetings so that this ordinance is passed and shall
tneffect upon first rea g as an emergency measure this the i g day of
2C2ryk_ber , 19 4Q
ATTEST:
City Secretary
/ �C <V Z444-Ge4 ,
MAYOR 1
THE CITY OF CORPUS CHRISTI
APPROVED: S DAY OF MrpAn , 19 So
HAL GEORGE, CITY ATTORNEY
By 4 u4.v7�1 "7�
Assistant City ttorney
\ ORD -RES \90206
21052
MICROFILMED
BILL WITT
SERVICES CONTRACT
AMENDMENT
THE STATE OF TEXAS 00
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
1]./13/50
This Agreement made and entered into effective on the
day of , 19 , by and between the City of Corpus Christi,
a municipal corporation, hereinafter called "City" and Christine
Heinesh of Corpus Christi, Texas, hereinafter called "Concessionaire".
W ITNESSET H:
The City hereby grants unto Concessionaire the rights of
concession, as hereinafter defined, at the location 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 herein
contained, the City hereby grants Concessionaire rights to concession
for a five year term effective March 13, 1989. as authorized by
Ordinance #20615 (unless previously terminated under any provision
herein contained). The designated 'concession location shall be at the
Bill Witt Softball Complex as shown on Attachment #1 and attached
hereto and shall be used 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 the following items: cold drinks, hot drinks (coffee,
hot chocolate), hot food (nachos, hot dogs, popcorn), sandwiches,
candy, chips, pickles, T-shirts, kites, snacks, ice cream, sale of
frozen bait and supplies, and other merchandise customarily handled by
a concessionaire, except that concessionaire agrees to allow Padre
Little - Senior League ("PLSL") to operate a free - standing food and
beverage concession during all PLSL league and tournament plays which
occurs pursuant to a use permit between PLSL and the City, however,
Concessionaire retains the exclusive concession rights for all other
uses of the Bill Will Park Softball Complex, and further, except that
the City retains the right to:
(a) Make final decisions on matters which may arise, not
specifically covered in the specifications and this
Agreement, including the interpretation hereof.
11/13/90
(b) This Agreement does not include the right for Conces-
sionaire to sell space for either temporary or
permanent signs. The City reserves this right to
itself.
(c) Approve the form and price of products to be sold and
to require disposable containers (paper or plastic) to
be suitable for consumption of the products on premises
immediately after the sale. Bottles shall not be per-
mitted. Under no conditions shall there be any reuse
of these containers by Concessionaire after initial
sale or use.
Location of Concession. Except for the supervision of the
City, Concessionaire shall have exclusive control over the concession
area located in Bill Witt Softball Complex, subject to the terms,
conditions, and covenants of this Agreement.
IV.
Utilities. City agrees to furnish and pay for all usual
utilities for concession activities, concessionaire shall pay for
extraordinary use. Equipment such as air conditioners or deep fat
fryers shall constitute extraordinary use. Such equipment shall be
separately metered from the existing utilities when installed and
Concessionaire shall pay all charges to the separate meter(s).
V.
Obligations of Concessionaire. The Concessionaire will be
responsible to the City as follows:
(a) The ConcessioYiaire shall furnish, install, service and
maintain in good working order all equipment and
supplies required to properly execute this Agreement.
Concessionaire shall furnish as a minimum: a hot dog
steamer, popcorn machine, and a refrigerator and
freezer. Concessionaire shall furnish dispensing and
cooling equipment required for sale of beverages.
Vending equipment shall remain the sole and exclusive
property of the Concessionaire.
(b)
Concessionaire agrees the operation of the concession
will be in accordance with all of the laws of the
United States and ordinances of the City of Corpus
Christi, Texas and all rules and regulations in regard
to the same that may be promulgated by City Manager of
the City of Corpus Christi, Texas.
(c) Insurance. The Concessionaire covenants that it will
carry insurance as follows:
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(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, in the amounts required by state
and federal laws.
(2) Before beginning to use or permitting the
installation of any furnishings, fixtures,
equipment, etc., Concessionaire shall procure and
keep in full force and effect a Comprehensive
General Liability insurance policy under which the
City shall be named as additional insured.
(3)
Before opening up for business, Concessionaire
shall procure either by separate policy or by
appropriate endorsement to its 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
minimum limits of not less than $100,000
and death, $500,000 per occurrence for
$50,000 property damage. All insurance
of Corpus Christi as Additional Insured.
2 and 3 above, shall have
per person for bodily injury
bodily injury and death, and
policies shall name the City
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 Director of Park and
Recreation (hereafter Director). They shall include provisions that
they can not be cancelled or materially altered except after the
expiration of sixty (60y days after delivery of written notice of such
intention to the Director. Failure on the part of the Concessionaire
to furnish a new policy or certified copy thirty (30) days 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 protected will
constitute a default on the part of the Concessionaire entitling the
City at 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 an
endorsement or other appropriate 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. City shall be notified within
two working days of failure to make a premium payment on time.
The Liability Policy or the policies referred to in 2 above
shall include that the City is fully protected not only against claims
r
11/13/90
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 the City, its officers, agents or
employees
(d) The food and drink shall be dispensed by an attendant
furnished by the Concessionaire at his expense. Minor
cleanup duties shall consist of keeping tables clean,
cleaning up of spilled food and drink, and removal of
trash from the building and the outside area. Service
should be provided during athletic activities regularly
scheduled by the City, or as required by special
events. The said hours may be adjusted in order to
adequately serve the public as may be determined from
time to time by the Director of Park & Recreation.
(e) During activities sponsored by the City concessionaire
shall furnish as a part of this Agreement, all related
supplies and condiments.
(f)
(g)
During activities sponsored by the City concessionaire
will make periodic inspections of the public restrooms
located on site, checking said restrooms for
cleanliness, vandalism, and unlawful activity. The
Concessionaire is required to keep the restrooms free
from litter and debris, as well as stock the restrooms
with supplies (supplies will be provided in bulk to the
Concessionaire by the Parks & Recreations Department).
The Park and Recreation .Department shall clean and
sanitize the restrooms. In addition, the
Concessionaire will immediately report, upon discovery,
any vandalism or malfunction of facilities to the Park
and Recreation Department and any problems relating to
unlawful activity to the Police Department.
Approval from the Director on the quality, quantity and
price schedule of all concession merchandise.
VI.
Compensation to be Paid by Concessionaire. Concessionaire
shall pay to City twenty percent (20%) of the gross sales per month,
for each month during which Concessionaire operates at Bill Witt Park
Softball Complex.
VII.
Accounting Procedure. Vendor shall file with the Park and
Recreation Department on or before the tenth (10th) day of each month
a monthly report of gross receipts and pay the required percentage of
gross receipts. The Concessionaire shall at all times during the term
hereof keep true, accurate, complete and auditable records, in a form
satisfactory to the Director or his duly authorized agent or
representative 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 of the provisions hereof. The making of any
11/13/90
willfully false report of revenue by the Concessionaire shall be
grounds for the immediate cancellation and termination of this
Agreement at the option of the City. If any such report shall
understate the gross by as much as ten percent (10%) of the true
amount thereof it shall be conclusively deemed to have been knowingly
and falsely furnished by Concessionaire. 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
knowledge on the part of the Concessionaire.
Aside from permanent books, ledgers, journal accounts and
records, the Concessionaire will not be required to retain beyond
twelve (12) months following the completion of any year of the term
hereof collateral papers and forms as: original invoices, sales checks
or slips, cash register and adding machine tapes and analogous
supporting data.
The Concessionaire shall, upon receipt of written request
from the Director, prepare and submit such reports and analysis of the
operation of the concessions under this Agreement in such form and
content as the City may reasonably require in the administration of
this Agreement.
Concessionaire shall provide the Director with a quarterly
financial statement. The statement shall be submitted at the same
time compensation,if any, is due for March, June, September and
December for the life of this Agreement.
At the City's option and with written notice made within one
(1) year after the end of each year of the term of this Agreement, the
City may cause an inspection and 'audit to be made of the books and
records of Concessionaire relating to its operations on the Concession
Premises. Such audit shall be made to determine the correctness of
the preceding year. If, as a result of such inspection and audit, it
is established that additional concession payments are due, Conces-
sionaire shall pay such payment 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 five percent (5%) between gross receipts reported by
Concessionaire and gross receipts as determined by the audit, the cost
of the audit shall be paid by the Concessionaire.
VIII.
General Provisions.
(1) Concessionaire will not on the grounds of handicap,
sex, race, color or national origin, discriminate or permit
discrimination against any person or group of persons in any manner.
The City hereby reserves the right to take such action as the United
States Government may direct to enforce this covenant.
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(2) The Concessionaire agrees to refrain from any unlawful
employment practices and to comply with all lawfully adopted
regulations related thereto.
(3) City retains the right at any time to cancel any such
services agreement and may cancel this Agreement upon sixty (60) days
written notice to Concessionaire for cause, for violation of any of
this Agreement or for violation of any Federal, State, or local law or
ordinance.
(4) Concessionaire agrees to furnish service on a fair,
equal and non-discriminatory basis to all users thereof, and to charge
fair, reasonable and non-discriminatory prices for each unit or
service.
(5) It is further understood and agreed that the
Concessionaire shall not make alterations, additions, or improvements
to the building without prior written consent of the City. All
alterations, improvements, and additions made by the Concessionaire
upon termination of this Agreement become the property of the City in
fee simple, without any other action or process of law.
(6) In the event any legal action is undertaken by any
party hereto, to collect for any damages growing out of or
compensation due under this Agreement, the prevailing party shall be
reimbursed for all court costs and expenses and reasonable attorney's
fees of not less than ten percent (10%) of the total amount of the
judgement.
(7) Concessionaire shall fully indemnify, save and hold
harmless the City of Corpus Christi, its officers, employees, and
agents (hereinafter "the Indemnitees") against any and all, liability,
damage, loss, claims, demand and actions of any nature whatsoever on
account of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims), or property loss
or damage of any kind whatsoever, which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any way
connected with, the performance of this Agreement, regardless of
whether such injury, loss or damage shall be caused by, or be claimed
to be caused by, in whole or in part, the negligence or other fault of
the Indemnitees or any of them. Concessionaire shall at its own
expense investigate all such claims and demands, attend to their
settlement or other disposition, defend all actions based thereon and
pay their settlement or other disposition, defend all actions based
thereon and pay all charges of attorneys and all other costs and
expense of any kind arising from any such liability, damage, loss,
claims, demands, and actions.
WITNESS OUR HAND in duplicate originals of this day of
, 19
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa, City Secretary
APPROVED: 4 -btu -nail, 19 90
HAL GEORGE, CITY ATTORNEY
By:i L.w Akat. JI
Assistant ty Attorney
billwitt.agt20
Juan Garza, City Manager
By: 77eGa-1L..c L t rte/ / / .2O
Concessionaire
A-ht-a ari rrwn-.
Corpus Christi, Texas
1 ? day of ----Thecernher , 19 C16
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances at three regular
meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance finally on the date it is introduced, or at
the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
� C ,
MAYOR 1
THE CITY OF CORPUS CHRISTI
The above ordinance was passed by the following vote: at -ye
Betty N. Turner
Cezar Galindo a 5.t,
Leo Guerrero//(j(.-,( ,
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a
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
045
21052