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HomeMy WebLinkAbout19298 ORD - 05/06/1986AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT WITH JAMES COOK FOR AN OUTDOOR CAFE OPERATION LOCATED ADJACENT TO THE PAVILION ON THE PEOPLES STREET T -HEAD; 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 contract with James Cook for an outdoor cafe operation located adjacent to the pavilion on the Peoples Street T -head, all as more fully set forth in the contract, 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 contract 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 or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first rearing as an emergency measure this the 6th day of May, 1986. ATTEST: City Secretary (/ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: -DAY OF MAY, 1986 ACittor[ 5ey 05P.156.01 ism MICROFILMED 0 • THE STATE OF TEXAS COUNTY OF NUECES THAT THIS AGREEMENT is entered CITY OF CORPUS CHRISTI, TEXAS SERVICES CONTRACT KNOW ALL BY THESE PRESENTS: into by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter referred to (hereinafter that James as the "City") and James and Shirley A. Cook referred to as "Vendor"). It is hereby acknowledged and Shirley A. Cook are in the process of incorporating a business entity to be known as "The Gartens, Incorporated.". When incorporated, said corporation may be substituted as the Vendor herein with consent of the City Manager. WITNESSETH: WHEREAS, the Vendor has requested the use of the building and approximately 1,600 square feet of adjacent slab on the Peoples Street T -head (see Exhibit A) within pavilion concrete the City of Corpus Christi for the purpose of operating an outdoor cafe business, which business shall specifically include the exclusive right within the concrete slab recreational area of the T -Head (as shown on Exhibit A) to make direct sales to the public of cold seafood dishes, cold shrimp, non-alcoholic spritzers, coolers, fruit drinks, mineral water, and other menu items consistent with an outdoor cafe operation; not in conflict with current concessionaire's contract;, all items to be served in paper or plastic containers only; BRAY2.018.04 1 NOW, THEREFORE, the City and Vendor covenant and agree as follows: I. The City hereby grants to the Vendor the use of the property described for the purposes heretofore enumerated for 11 months, 29 days, effective upon execution of this Agreement by all parties hereto. Vendor has an option to renew subject to negotiation and approval of the terms by the City. II. The City hereby grants unto Vendor the above rights of operation at the described location on the Peoples Street T -head, subject to the terms, conditions and covenants of this Agreement. III. The Vendor shall be responsible to the City for the following: A. Compliance with all applicable City health regulations and ordinances. B. During the term of this agreement, the Vendor will maintain Workers Compensation Insurance (statutory), Comprehensive General Liability ($100,000 per person, $300,000 per occurrence, $50,000 property damage). The City shall be named as an additional insured on paid liability policies, and the Vendor agrees to provide current certificates of such insurance to the City at all times during this Agreement. C. Vendor will maintain a current menu of available items. Prices shall not be in excess of those charged under similar conditions elsewhere in the City. If the Vendor desires to sell BRAY2.018.04 2 • any non-alcoholic items other than those listed herein, he must first receive the approval of the City's Director of Parks and Recreation. D. Vendor shall maintain a clean and neat operation within the pavilion and entire circular portion of pavement during hours of retail operation and provide for proper pickup of litter and refuse. City will be responsible for providing a central refuse container and service of same. Further, Vendor shall inspect the restrooms in the park every two hours for sanitary conditions, dispose of any accumulations of paper waste materials, and insure that the restrooms are stocked with supplies. The City shall provide Vendor with supplies. The City shall insure that the fixtures are kept clean and shall provide major cleaning and sanitizing services. E. Electricity and water used by Vendor will be provided by the City at no cost to Vendor; provided that air conditioning equipment, service and electricity for air conditioning shall be at Vendor's sole expense. F. Costs to alter and improve the interior service room area of the pavilion to make it more useable and in compliance with applicable City health regulations will be borne by the Vendor. Vendor will be responsible for the purchase and maintenance of all equipment required to support the retail operation. IV. For and in consideration of the rights and privileges herein granted, concessionaire agrees to pay to the City ten percent BRAY2.018.04 3 • . • (10%) of gross sales, less sales tax, derived from said concessions, said percentages being due and payable on the tenth of each month during the term of this Agreement. V. 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. Vendor shall at all times during the term hereof keep true, accurate, complete and auditable records, in a form satisfactory to the Director of Finance of the City of Corpus Christi, Texas. Vendor further agrees that the Director of Parks and Recreation 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 provision hereof. The making of any willfully false report of revenue by 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 knowingly and falsely furnished by Vendor. 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, Vendor will not be required to retain beyond twelve (12) - months following the completion of any year of the term hereof BRAY2.018.04 4 collateral papers and forms such as: original invoices, sales checks or slips, cash register and adding machine tapes and analogous supporting data. Vendor shall, upon receipt of written request from the Director of Parks and Recreation, 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. Vendor shall submit to the Director of Parks and Recreation a copy of all quarterly sales tax and use tax reports. In addition, Vendor shall provide the Director of Parks and Recreation with a quarterly financial statement. This shall be submitted not later than thirty (30) days after the close of each period of the terms of this Agreement. At the City's option and with written notice made within one (1) year after the end of the term of this Agreement and each like period thereafter, it extended, the City may cause an inspection and audit to be made of the books and records of Vendor relating to its operations on the 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 rental payments are due, Vendor shall pay such additional rent 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 dilfference of more than two percent (2%) between gross receipts reported by Vendor BRAY2.018.04 5 • • and gross receipts as determined by the audit, the cost of the audit shall be paid by the Vendor. Vendor shall use a departmentalized electronic cash register for internal control and record purposes. VI. Vendor will not on the grounds of age, 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. VII. The City retains the right to cancel this Agreement upon thirty (30) days written notice to Vendor for cause. Such cause shall be a violation of, or default in, any of the terms of this Agreement, or a violation of any federal, state, or local law by Vendor, its agents, employees or assigns found by the City to be contrary to public policy. Before exercising this right to cancel, the City agrees to provide the Vendor written notification of cause and reasonable time to implement corrective action, except for a violation of the first paragraph of Section V. It is further understood and agreed that the Vendor is and shall be an independent contractor hereunder, and he will indemnify and save harmless the City, its officers, employees, agents, and assigns from any and all claims, losses, costs or lawsuits arising in any way whatsoever out of operations under BRAY2.018.04 • • this agreement by Vendor, his agents, employees, and assigns, and shall in all ways hold harmless the City and its officers, employees, agents, and assigns from same. IX. It is further understood and agreed that the Vendor shall not make additions to the pavilion building without prior written consent of the City's Director of Parks and Recreation. All alterations, improvements, and additions made by the Vendor upon said building, although at this own cost and expense, shall if not removed by Vendor immediately upon any termination hereof become the property of the City in fee simple without any other action or process of law. X. It is further understood and agreed that Vendor shall be permitted to place signs at the place of business. Any such signs will be limited to those required for establishment identification, i.e., "The Garten", and those of a functional need. Design and placement of signs must be approved by the Parks and Recreation Department. XI. The business premises will be clearly delineated and separated from the remaining circular pavement area by stanchions and a rope fence or other perimeter definition. All equipment associated with the public seating area (e.g. perimeter fixtures, tables, chairs, umbrellas, signs) will be removed from the circular pavement area at the end of each business day and BRAY2.018.04 7 stored. The City will provide, on a space -available basis, storage space in the adjacent power plant building. XII. It is further understood and agreed that the City will maintain the pavilion building, utility lines serving said building, and the circular pavement area, and the Vendor will maintain the interior of the building, except as otherwise provided herein XIII. Hours of operation shall be from late morning to sunset, weather conditions permitting, at least April through October. Vendor shall have the right to operate during other months if demand and weather conditions so dictate. XIV. When Parks and Recreation Department sponsored special events require use of the pavilion stage, the Vendor shall modify his patron service procedures so as to insure non-interference with the on-going special event. XV. Vendor shall not assign, mortgage, pledge or transfer the leased premises or any part thereof without prior consent of the City. XVI. Vendor will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. BRAY2.018.04 8 xvII. In any legal action undertaken against Vendor by the City to collect for any damages growing out of this Agreement or to enforce the provisions of this Agreement in any way, the City shall recover an amount equal to ten percent (10%) of the damages awarded as reasonable attorney fees, in addition to any court costs. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS this the day of , 1986. ATTEST: CITY OF CORPUS CHRISTI By: By: City Secretary City Manager DATE: DATE: APPROVED AS TO LEGAL FORM: DAY OF City Attorney By: , 1986 BRAY2.018.04 9 Assistant City Manager DATE: VENDOR By: JAMES COOK THE STATE OF TEXAS COUNTY OF TEXAS * BEFORE ME, the undersigned authority, on this day personally appeared James Cook known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of 1986. THE STATE OF TEXAS COUNTY OF TEXAS * Notary Public, State of Texas By: SHIRLEY A. COOK BEFORE ME, the undersigned authority, on this day personally appeared Shirley A. Cook known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of 1986. Notary Public, State of Texas BRAY2.018.04 10 Corpus Christi, Texas day of , 1980 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR " THE CIT OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19298 •