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