Loading...
HomeMy WebLinkAbout13274 ORD - 07/07/1976I J KH:vp:6 /2/76:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR A THREE -YEAR FOOD AND DRINK CONCESSION AT THE OSO GOLF COURSE WITH AUTOMATED SERVICES, INC., CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE CONCESSION AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, �� SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with Automated Services, Inc., Corpus Christi, for a three -year food and drink concession at the Oso Golf Course, all as more fully set forth in the concession agreement, a substantial copy of which is attached hereto and made a part hereof. MI_CMILMER JUN 17 1980 'VON 1 71980 13274 JKH:vp:6 /2/76:lst AGRIMMIT Y THE STATE OF TEXAS 0 COUNTY OF NUECES 0 KI1OW ALL DEN BY THESE PRESENTS: THAT THIS AGREE MIT, made and entered into on this day of , 1976, by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, operating under the home rule statutes of the State of Texas, hereinafter referred to as "City ", and Automated Services, Inc. of Nueces County, Texas, hereinafter called "Vendor ": WHEREAS, this agreement is entered into for the Food and Drink concession at the Oso Golf Course located within the City of Corpus Christi, Texas. The right of the concession is herein granted subject to the follow- ing conditions: (1) Food and drink shall be dispensed by coin - operated mechanical vending machines with the exception of draft beer which shall be dispensed by an attendant furnished by the Vendor at his own expense. (2) The following is a schedule of each product by selling price and commission rate: Product Selling Price Commission Rate Coffee .20 15% Cold Drinks .20 15% Candy .15 10% Cigarettes .65 12ftkg. Milk .25 10% Sandwiches various -0- Pastry .30 10% Chips .20 1 10% Ice Cream .20 10% Draft Beer .45/.50 150 (3) The Vendor shall furnish, install, service and maintain in good working order all vending equipment and supplies required to properly execute this Agreement. Vendor shall furnish dispensing and cooling equipment required for sale of draft beer. Vending equipment shall remain the sole and exclusive property of the Vendor. (4) Vendor shell serve all drinks in disposable containers (i.e., paper or plastic). Cans or bottles will not be permitted. - (5) Vendor shall supply vending machines with fresh merchandise acceptable to the City by a fully bonded serviceman. (6) Vendor shall furnish a heating unit to heat food dispensed from the vending machines upon request of the public. The City shall provide the electrical outlet for this unit. (7) Vendor shall furnish a minimum of one full -time employee for the purpose of dispensing draft beer and minor cleanup of the eating area. Minor cleaning duties shell consist of keeping tables clear and clean, cleaning up of spilled food and drink and removal of trash from building and placement of trash in receptacles outside of building. An employee shall be present for approximately eight (8) hours per day as de- termined by the Director of Park and Recreation. These said hours may be increased or decreased in,order to adequately serve the public as may be determined from time to time by the Director of Perk and Recreation. (8) Vendor agrees the operation of the snack bar area will be in accordance with all of the laws of the United States and the State of Texas, and ordinances of the City of Corpus Christi, Texas, and all rules and regulations in regard to the same that may be promulgated by the City Manager of the City of Corpus Christi, Texas. (9) Vendoi shall maintain insurance coverage including: a. Workmen's Compensation - Statutory Limits (where applicable). b. General Liability including poisoning or illness from food or drink: 100,000/300,000 Bodily Injury 10,000/ 50,000 Property Damage (10) Vendor shall furnish insurance certificate to the Purchasing Agent or City Secretary prior to commencing operation of this Contract., (11) Vendor is and shall be an independent contractor and in his use of the premises he will indemnify and save harmless the - City from any neglects or misconduct on the part of the Vendor, his agents, servants, employees and assigns and shall in every way hold the City harmless from same. (12) Selling price shall include ell applicable state and local sales tax. All commissions or percentage paid to the City shall be on basis of gross. (13) Gross sales shall be defined as total revenue of goods sold excluding all applicable sales tax. (14) Vendor shall furnish as a part of this Contract, all related supplies and condiments (i.e., napkins, salt, pepper, relish, cream, sugar, etc.). (15) Vendor shall provide for the sale of various sundry items (i.e., aspirin, nonprescription cold tablets, insect repellent, 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. (16) Vendor shall file a financial statement with Park and Recrea- tion Department on or before the tenth of-each month and at that time pay City its share of gross receipts for previous month. City reserves the right to provide all necessary forms. That the City hereby grants to the Vendor the use of the property described for the specific purposes heretofore enumerated and such privilege is granted for a period of three (3) years with use to begin upon execution of this Agreement. -2- II , The City hereby grants unto 'Vendor the rights of concession, within the clubhouse building of the Oso Golf Course, subject to the terms, conditions and covenants of this contract. III _ The City will furnish all utilities at no cost to the Vendor. Iv Tables and chairs in the concession area will be provided by the City. V The Director of the Park and Recreation Department shall notify the Vendor if at any time the rates being charged are found to be unreasonable. The City tanager and /or the Director of the Park and Recreation Department shall have the authority to make changes in the food and drink concession when deemed necessary. VI _ City retains the right at any time to cancel any such use privilege agreement and may cancel this contract upon sixty (60) days written notice to Vendor for cause, for violation of any of the terms and conditions Of this contract or for violation of any Federal, state or local laws or ordinances. VII For and in consideration of the rights and privileges herein granted, Vendor agrees to pay to the City the specified percentage of gross sales stated below for each of the items to be sold from said concession. Product City's Percentage Coffee 15% Cold Drinks 15% Candy 10% Cigarettes 12¢ /pkg. Milk 10% Sandwiches -0- Pastry 10% Chips 10% Ice Cream 10% Draft Beer 15% VIII It is further understood and agreed that the Permittee is and shall be an independent contractor hereunder, and that in his use and enjoyment -3- of the premises he will indemnify and hold harmless the City from any and all neglect or misconduct on the part of the Vendor, his agents, servants, and employees. IX It is further understood and agreed that Vendor shall not make alterations, additions or improvements to said building without prior written consent of the City. All alterations, improvements and additions made by Vendor upon said building, although at his own expense, shall, if not removed by Vendor upon termination of this agreement, become the property of the City in fee simple, without any other action or process of law. X In the event any legal action is undertaken by City to collect the rental due hereunder, to collect for any damages growing out of this lease, or to in any way enforce the provisions of the lease, an additional ten percent (10 %) of such recovery shall be added to cover the expense of such legal action, said ten percent (10%) to be in addition to any court costs. Vendor shall incur no debts or obligations on the credit of the . City of Corpus Christi, Texas. WITNESS OUR HANDS in duplicate originals, this the day of 1976. ATTEST: City Secretary APPROVED: day of , 1976 J. BRUCE AYCOCK, City Attorney $v ' Assistant City Attorney ATTEST: Secretary CITY OF CORPUS CHRISTI By- R. Marvin Townsend, City Manager AUTOMATED SERVICES, INC. CORPUS CHRISTI Hank Demers, General Manager THAT THE FOREGOING ORDINANCE WAS READ FO THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF ' FOLLOWING VOTE: 19 BY THE JASON LUBY `,P. BILL TIPTON EDUARDO DE AS ES RurN GILL BOB GULLEY �n GABE LOZANO, SR. �n EDWARD L. SAMPLE THAT THE FOREGOING ORDINA CE WAS READ F R THE SECOND TIME AN PASSED TO ITS THIRD READING ON THIS THE�DAY OF FOLLOWING VOTE: �9 BY THE JASON LUSY OR. BILL TIPTON EDUARDO DE A7E3 RUTH GILL Boa GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOR GONG ORDIN FINALLY ON THIS THE L. DAY OF JASON LUBY DR. BILL TIPTON EDUARDO DE ASE3 RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS ATTEST: � ��P�� CITY IS APPROVED: v� =DAY 90-"- 19 6 AZlTY ATTORNEY d ID PASSED LOWING VOTE: 194 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS