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HomeMy WebLinkAbout021148 ORD - 04/30/1991AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR CONTRACT WITH MRS. JUANITA ANAYA FOR THE OPERATION OF A MANUAL FOOD AND DRINK CONCESSION AT THE OSO BEACH MUNICIPAL GOLF COURSE; AND PROVIDING FOR PUBLICATION. 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 five year contract with Mrs. Juanita Anaya for the operation of a manual food and drink concession at the Oso Beach Municipal Golf Course all as more fully set forth in the agreement, a substantial copy of which is attached hereto as Exhibit A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ORD4: 91066 021143 THE STATE OF TEXAS COUNTY OF NUECF_S X X AGREEMENT KNOW ALL MEN BY THESE PRESENTS: (3/14/x_, This is an Agreement entered into between the City of Corpus Christi (hereinafter called "City") and Juanita S. Anaya (hereinafter called "Vendor") for the Food and Drink Manual service contract at the Oso Beach Municipal Golf Course 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: 1. Vendor may operate a food and drink concession at the Oso Beach Municipal Golf Course for a term of five years beginning 60 days after date of final adoption of this Agreement and ending , 1996. 2. The Vendor shall furnish, install, service and maintain in good working order all equipment and supplies required to properly operate under this Agreement. The Vendor shall furnish as a minimum: a sufficient grill, deep fryer, and a two-compartment refrigerator. The Vendor shall furnish dispensing and cooling equipment required for sale of draft beer and canned beer. 3. Vendor shall serve all drinks in disposable containers (i.e., paper or plastic) or canned drinks. Bottles will not be permitted. 4. As a minimum, the manual service operation shall provide the following items: cold drinks, hot drinks (coffee, hot chocolate), beer, hot food (hamburgers, hot dogs, grilled cheese, breakfast eggs, bacon, sausage, pancakes, french toast, etc.), cold food (sandwiches), candy, cigarettes, pastries, snacks, etc. or sundry items. 5. The food and drink shall be dispensed by attendants furnished by the Vendor at her 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. 6. The operation of the food and drink concession and area will be in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. 7. Vendor shall purchase and maintain during the term of this Agreement a Comprehensive General Liability policy to include OsoAnaya06 -1- EXHIBIT A (3/14/_, host liquor liability, contractual liability, and product liability coverages. Minimum limits of coverage for said policy shall be $300,000 per person for bodily injury or death, $500,000 for all claims arising out of one occurrence, and $100,000 for property damage. The insurance policy shall name the City of Corpus Christi as Additional Insured. No insurance policy hereunder can be cancelled, not renewed or maternally changed without thirty (30) days prior written notice to City. Vendor shall provide copies of all insurance policies upon City's written request. 8. Before permitting any employees to begin working in any capacity, Vendor shall cover all employees by Worknen's Compensation Insurance, or other coveage approved by the State Industrial Accident Board. 9. Vendor shall indemnify the City of Corpus Christi against any and all losses, claims, demands, and defend any suit or action for damage of every kind and character made against the City of Corpus 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. 10 Selling price of all food, drink or sundry items shall exclude all applicable state and local sales tax. All commissions or percentages paid to the City shall be on basis of gross sales on a calendar month basis. 11. Gross sales shall be defined as total revenue of all goods sold in each calendar month, excluding all applicable sales tax. 12. Vendor shall furnish as a part of this Agreement, all related supplies and condiments (i.e., napkins, salt, pepper, relish, cream, sugar, etc.). 13. 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 Oso Beach Municipal Golf Course Pro Shop hours or as approved by the Director of Park and Recreation or his designee. 14. 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. 15. Vendor shall file with the Park and Recreation Department on or before the 10th day of each month a monthly report of gross sales, the report form being designed and supplied by the OsoAnaya06 -2- (3/14/s_, 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 sales. The Director of Finance or his authorized representative shall approve Vendor's system of accounting for the gross sales. The Director of Finance or his authorized representative shall have authority to audit Vendor's records of gross sales upon demand by the Director of Finance or his authorized representative. The City's share of gross sales will be thirteen percent (13%) of Vendor's gross sales, less sales tax, or $675 per month, whichever is greater, for the life of this Agreement. 16. The 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. The Vendor further agrees that the Director of Park and Recre- ation or his duly authorized 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. In the event Vendor understates gross sales, City may terminate this Agreement. In order to exercise its option to terminate, City only need establish the existence of a report which understates the yLuss sales by ten (10%) percent, or more. 17. Aside from permanent books, ledgers, journal accounts and records, the Vendor will 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 as the City may reasonably require in the administration of this Agreement. Any further accountancy records as required by federal, state or local agencies shall be the responsibility of the Vendor. 18. 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 OsoAnaya06 -3- (3/14/s 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. 19. 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. b. Identify itself as an "Equal Opportunity Employer" in all Help Wanted advertising or requests. I. The City hereby grants unto Vendor the right to utilize the golf course grounds and the clubhouse building of the Oso Beach Municipal Golf Course, subject to the teens, conditions and covenants of this Agreement and City will not allow other Vendors to sell on the said yLounds without Vendor's prior approval. Vendor will be able to use a mobile concession with prior written approval from the Dia or of Park & Recreation. II. In consideration of monthly compensation paid by Vendor, the City will furnish all utilities to the Vendor. Extraordinary utility use shall be subject to separate metering and payment thereof by Vendor. Extraordinary iiee could be from the installation of an electrical deep fat fryer, grill, etc. III. Tables and chairs in the service area are provided by the City. IV. 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 unreasonable, and rates will be adjusted as requested by said Director or his designee. V. It is further understood and agreed that the Vendor shall not make alterations, additions or improvements to the building without prior written consent of the Director 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 other action or process of law. OsoAnaya06 -4- VI. In the event any legal action is undertaken by the City to collect the amounts due hereunder, to collect for any damages growing out of breach of this Agreement, or to in any way endorse the provisions of the Agreement, 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. VII. Any allowanrns or adjustments for allowing other food or drinks on the premises must have prior approval from said Vendor and the Superintendent of Golf. VIII. The City 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 Agreement by Vendor; provided, however, the City Manager, or his designated representative, may immediately terminate this Agreement for Vendor's persistent violation of the terms of this Agreement after providing written notice of termination to Vendor. Vendor may terminate this Agreement if the Vendor provides the City's Director of Park and Recreation sixty (60) days advance written notice. IX. Notices shall be given in writing by sending by first class mail, postage prepaid, to the following: TO CITY: TO VENDOR: DIRECTOR OF PARK AND RECREATION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 Juanita S. Anaya 1202 Imperial Circle Corpus Christi, Texas 78416 or at such other address as each party may designate to the other in writing. X. This shall be construed as a service contract, not assignable without the City Manager's written permission, including the right to use and occupancy of the Oso Golf Course concession area. XI. It is expressly understood that Vendor is an independent contractor, and that Vendor or its agents or employees are not City employees and are not entitled to benefits normally accorded City employees. Vendor OsoAnaya06 -5- (3/14/x_, shall be solely responsible for the actions or omissions of its employePa, agents, or independent contractors in the parformance 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 , 1991. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By: By: Armando (papa, City Secretary Juan Garza, City Manager APPROVED THIS _ DAY OF 1991 BY: JAMES R. BRAY INTERIM CITY A17ORNEY BY: Assistant City Attorney 1 BY: 74/-///-77271> / < Juanita S. Anaya, Vendor OsoAnaya06 -6- nat the foregoing ordinance was read for the first time and passed to its second reading on this t day of ane,11 , 19 6 f , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt iti Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the second time and passed to its third reading on this the day of %LC , 19 q i , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. That the foregoing ordinance was read for the third time and passed finally on this the , 19 , by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt PASSED AND APPROVED, this the day of A 1"1'EST: City Secretary dward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. , 19 MAYOR THE CITY OF CORPUS CHRISTI APPROVED: 4p DAY OF ma/4n , 19 9( . JAMES R. BRAY, INTERIM CITY ATTORNEY By �a ia,cuari Assistant City Attorney day of 1 hat the toregoing ordinance was read for the first time and passed to its second reading c is the day of , 19 , by the following vote: Mary Rhodes Edward A. Martin Cezar Galindo Joe McComb Leo Guerrero Dr. David McNich Betty Jean Longoria Clif Moss M. Pat Slavik That the foregoing ordinance was read fo e second time and passed to its third reading on this the day of 19 , by the following vote: Mary Rhodes Edward A. Martin Cezar Galindo Joe McComb Leo Guerrero Dr. David McNichols Betty Jean dengoria Clif Moss Mary Pat Slavik That the _`oregoin ordinance was read for the third time and passed finally on this the day of C e f _ { V , 19 / , by the following vote: Mary Rhodes Edward A. Martin , Cezar Galindo Leo Guerrero Betty Jean Longoria Joe McComb ua),e, Dr. David McNichols J%- f Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the i; day of (biJ� z , 19 r-7 ( . ATTEST: City Secretary MAY R THE C OF CORPUS CHRISTI APPROVED: DAY OF , 19 . JAMES R. BRAY, JR., INTERIM CITY ATTORNEY By , Assistant City Attorney 044 021143 State of Texas, I County of Nueces I ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 14562 PO # Before me, the undersigned, a Notary Public, this day personally came Rosie A. Mendez, who being first duly sworn, according to law, says that she is Advertising Receivables Supervisor of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Camer- on, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties and that the publication of NOTICE OF PASSAGE OF ORDINANCE N0. 021148 AUTHiPIZING of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 5th MAY 1991 A__ Times $ 37.80 Advertising Receivables supervisor S ri�bec and swoorrn�t� before me this 21st day of MAY , 1991. Ii `\ II `` DEBRA VILLARREAL Notary Public, Nueces County, Texas My commission expires on 4.24.1993 NOTICE OF PASSAGE OF OIOINANCE NO. 02114 AUTHORIZING .T;{[ CIT MANAGE O' EXECUTE. FIVE YEAR. CONTRACT WITH MRS JUANITA AN- AYA FOR ,THE OPERATION! OF A MANUAL FOOD AND DRINK CONCESSION AT THE 09O DEA* MUNICIPAL GOLF COURSE; AND PROVID- - ING FOR PUBLICATION; concessionaire offers 13 per- cent of gross sales or 5675 per month, whichever is greater, as compensation for use of the concession area. A copy of the agreement is on file in. the City Secretary's office. The ordinance was passed and approved on third reading by the City Council of the City of Corpus Christi, Texas on the 30th day of April, 1991. /s/ Armando Cha City Secrete City of Corpus Chri 1