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HomeMy WebLinkAbout020398 RES - 07/26/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE-YEAR SERVICES CONTRACT WITH J. B. CARGILE FOR THE INSTALLATION AND MAINTENANCE OF COIN-OPERATED TELESCOPES ON CITY PROPERTY LOCATED ALONG THE BAYFRONT OR THE CAYO DEL OSO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a three-year services contract with J. B. Cargile for the installation and maintenance of coin-operated telescopes on City property located along the Bayfront or the Cayo Del Oso 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. ATTEST: City Secretary APPROVED: 15 DAY OF g A OR CITY OF CORPUS CHRISTI, TEXAS �v �y , 19 dgg HAL GEORGE, CITY ATTORNEY stant City A torney 016.res 20398 MICROFILMED LEASE CONTRACT. THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Agreement made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter referred to as the "City"-) and J. B. Cargile of Corpus Christi, Nueces County, Texas (hereinafter referred to as "Vendor"). WITNESSETH: WHEREAS, Vendor has requested and City agrees to lease Vendor ten (10) sites on City property located on the waterfront at locations to be mutually agreed upon by City and Vendor. For the purpose of this agreement "Waterfront" is defined as "lands abutting on Corpus Christi Bay or the Cayo Del Oso. NOW, THEREFORE, for and in consideration of the receipt of payment of 10% of the gross receipts derived from the public use of viewing telescopes as authorized herein, City hereby leases to Vendor ten (10) locations on City -owned waterfront lands for the installation, operation and maintenance of such viewing telescopes, on the terms and conditions as follows: The City hereby grants Vendor a lease to establish not more than ten locations for the placement of viewing telescopes on city property located on the waterfront for purposes herein enumerated for three years, beginning upon the execution of this Agreement. For purposes of description, a map designating such site locations shall be attached hereto as Attachment "A." II. The vendor shall, and represents that he will: A. Comply with all applicable City health regulations and ordinances; B. Service and repair telescopes, pad areas, and associated materials on a regular basis at his sole cost and expense. C. Bear all costs of installation and/or improvement of the pad area necessary for the installation and maintenance of telescopes, subject to paragraph IX below. D. Purchase and maintain all equipment required to support the installation, use and repair of the telescope; E. Be solely and exclusively responsible for maintaining each telescope, pad area, and associated materials in a safe and attractive condition; and AG02.012 1 ',r 4 F. Be solely responsible for providing security for the telescopes. Vendor agrees to pay to the City ten percent (10%) of gross sales, less sales tax, derived from said concession. All monies granted to the City herein shall be due and payable on the tenth of each month following the month during which such monies were collected by Vendor. Monies collected under the terms of this Agreement shall be all monies received and collected by Vendor in the operation of his business, but shall not include monies not received or collected by reason of theft, vandalism and similar occurrences, unless negligence of vendor contributed to such loss. IV. Vendor shall file with the Park & Recreation Department on or before the tenth (10) day of each month following the month of receiving a collection of monies a monthly report of gross receipts and tender therewith the required percentage of gross receipts payable to the City under this Agreement. The monthly report shall be on the attached form, unless modification is directed by the Park & Recreation Director. Vendor will present a copy of the forms he proposes to use for record keeping to the Director of Park & Recreation prior to commencing activities under this agreement, and said Director shall cause them to be reviewed by the Finance Director. The Vendor shall at all times during the term of this Agreement keep true, accurate, complete and auditable records, in a form satisfactory to the Director of Finance of the City of Corpus Christi, Texas. The Vendor further agrees that the Director of Parks & 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 willfull making of any 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 receipts received and collected by Vendor 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 Vendor. V. Vendor shall retain all documentation relevant to his gross sales including, but not limited to, all collateral papers and forms such as original invoices,. sales checks or slips, cash register and adding machine tapes, and counter information for at least twenty-four months from the date of the particular transaction being documented. Secondary documentation, such as books, ledgers, journal accounts and the like shall be kept at least five years from the last entry therein. AG02.012 2 The Vendor shall, upon receipt of written request from the Director of Park & 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. Such reports and analyses shall be submitted within five days of the request or at such earlier time as directed by the Park & Recreation Director. The Vendor shall submit to the Director of Parks & Recreation a copy of all quarterly sales tax and use tax reports, if any are required. At the City's option and with written notice made after the end of the term of this Agreement, the City may cause an inspection and audit to be made of the books and records of Vendor relating to its operations. Such audit shall be made to determine the correctness of such report. If, as a result of such inspection and audit, it is established that additional Vendor payments 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. VI. Vendor has initially installed four telescopes at locations approved by the Director of Parks & Recreation ("Director") or his designated authorized agent. In no event shall Vendor be authorized to place more than ten telescopes under this Agreement, which additional locations shall also be approved by the Director or his designated authorized representative. VII Vendor may terminate service at any particular telescope viewing location in favor of alternative or more attractive location(s), or none at all, so long as the number of telescopes is not less than three. Vendor shall secure the consent of the Director of Park and Recreation or his designated authorized agent to any change of location, provided, however, paragraph VIII shall not apply to a relocated telescope, unless agreed to by the Director. VIII. Vendor may assign his rights under this Contract, provided that Vendor shall secure the Director's prior written consent to such assignment, which consent can only be withheld for good cause. IX. 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 AG02.012 3 right to take such action as the United States Government may direct to enforce this covenant. X. 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, provided, however, City may cancel the contract immediately without notice or opportunity to cure where the violation involves a mishandling of City monies, failure to produce documentation required hereunder, dishonesty, or serious threat to the public. XI. Contractor agrees to indemnify, save harmless and defend the City of Corpus Christi, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liability, losses and expenses, including courts' costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the activities or obligations covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is cause by the sole negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. XII. All alterations, improvements, and additions made by the Vendor upon any telescope viewing location, although at his own cost and expense, shall become the property of the City in fee simple without any other action or process of law if not removed by Vendor within thirty days after termination of this lease. XIII. It is further understood and agreed that Vendor shall be permitted to place tasteful and appropriate signs at each telescope viewing location appropriate in nature to inform the general viewing public of its functions, cost, etc. Such signs must be approved by the Director prior to installation. XIV. Vendor will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. AG02.012 4 XV. In any successful legal action for enforcement or defense of its rights under this agreement, City shall be awarded its reasonable attorneys fees in addition to any court costs. WITNESS OUR HANDS AT CORPUS CHRISTI, TEXAS this day of , 1988. ATTEST: By: Armando_ Chapa City Secretary APPROVED AS TO LEGAL FORM: /.2.7'.A 'DAY OF` j , 1988 HAL GEORGE,ITY ATTO By:_. CITY OF CORPUS CHRISTI, TEXAS By: Juan Garza City Manager Vendor: Assistant City Attornf -THE STATE OF TEXAS § —COUNTY OF NUECES__ § This instrument was acknowledged before me on, this /Id day .1-988, -by' THE STATE OF TEXAS § COUNTY OF NUECES § f'ary Al is/n and for. e S ate of Texas My Commission Expires: This instrument was acknowledged before me on this day of , 1988, by Notary Public fn and for the State of Texas My Commission Expires: AG02.012 5 • BREAKWATER PARK Tf.LE G F "4 MAIN TURNING BASIN 1 AREA COVERED BY ENLARGED INSET AT LOWER LEFT N mom: m� *Pt° PlEek. yr2i,itkirl: ;firora,cyra.... tt �E7pMIL. �,N �w0r 8 * -`� HOL CROSS CE TEA, 3 T fF SA��d ROSE HILL MEM. PARK 8t L E ©P 4.3 MEMORIA EXPOSIT McGAUGHA K 9- AGEE BEACH SEM & ALL L Sc©Pt #2 M RK H N ff it 0C AAa PR S V PA K • Lr S CHRIS PATHI AL \ROPE TEMPLE a/( r 4044 41, EEHWOO h�Agq of rGl NEq'N48 1�% 11 99.066.01 Corpus Christi, Texas c) (P day of +)— , 1981 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes(3)'L4 Frank Schwing, Jr. 4. HAIL> Mary Pat Slavik Linda Strong 20398