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HomeMy WebLinkAbout021469 ORD - 09/01/19921 AN ORDINANCE AUTHORIZING EXECUTION OF A SHORT TERM AGREEMENT TO PROVIDE FOOD SERVICE AT CITY HALL; 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 short term agreement, not to exceed one (1) year, on a month to month basis, with EFRAIN GUERRERO to provide cafeteria and coffee shop service at City Hall. 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 for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effec;,upon first reading as an emergency measure this the 1 day of ��� h��.I , 1992. ATTEST: CL Armando Chapa, City Secr Lc -‘ MAYOR %t THE CITY OF tOTtPUS CHRISTI APPROVED: c& 3 DAY OFtt r � - , 1992 JAMES R. BRAY, JR., CITY ATTORNEY B Assistant C'ty Attorney AG5000.205.ajr 021469 MICROFILMED EFRAIN GUERRERO DBA LA PLAYA CAFETERIA DINING FACILITY CONCESSION STATE OF TEXAS § COUNTY OF NUECES § This Concession Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a municipal corpora- tion with home rule powers (the "City"), and Efrain Guerrero dba La Playa, doing business in the State of Texas ("Concessionaire"). RECITALS Whereas, the City owns and operates the Corpus Christi City Hall located in Nueces County, Texas, ("City Hall"), and Whereas, Concessionaire desires to enter into a concession agreement with the City for the purpose of operating a dining facility concession, with the understanding that the scope of business operations permitted by this Agreement is limited to offering the general public such services as are commonly associ- ated with dining facility businesses, and nothing in the Agree- ment may be construed as conferring any rights already granted to other City Hall concessionaires; and, Whereas, the City represents that it has the right to grant the concession together with all facilities, rights, licenses, services and privileges in the manner and to the extent hereinaf- ter set forth: Now therefore, in consideration of the foregoing and of the mutual covenant hereinafter contained, the parties do hereby 1 I 1 1 agree as follows: ARTICLE I - TERM The term of this Agreement and all rights herein granted concessionaire shall commence on a month-to-month basis for a period not to exceed one (1) year; subject, however, to earlier termination as provided herein. ARTICLE II - PREMISES The City hereby provides to Concessionaire subject to the terms and considerations hereinafter stated, approximately 460 square feet for a storage area, food preparation areas, kitchen facilities, and serving lines, (the "Premises"). The City Manager will also designate a dining area where the food can be eaten, this dining area can be changed by the City Manager on thirty (30) days written notice. The Concessionaire shall not, without the prior written consent of the City Manager, rearrange the Dining Facility. ARTICLE III - CONCESSION FEES A. Concession Fees; Concessionaire agrees to pay the City during the term of this agreement the concession fees as stated below, the percentage of the "Gross Receipts" (as hereinafter defined) from the operations of the Concessionaire under this agreement: 1% commission of the "Gross Receipts" to the City. "Gross Receipts" are defined as sales less appropriate sales tax. The Concessionaire is responsible for all expenses connected 2 z r r with the dining facility operations except as provided elsewhere in this Agreement. B. Payment of Concession Fees: The Concessionaire shall file a monthly report of Gross Receipts with the City Manager on or before the 20th day of each month. Such monthly report and analysis of the operation of the concession services under this Agreement shall be in such form and content as the City may reasonably require in the administration of this Agreement. Concessionaire shall, at the time of filing its monthly report of Gross Receipts, pay the City its concession fee as specified in Article III A above. This statement of Gross Receipts shall be certified by a responsible officer of the Concessionaire. Sales shall be for cash except for limited charge sales to City, depart- ments and organizations. The Concessionaire shall submit to the City billing for any charge of sales incurred by the City. C. Records and Reports: Concessionaire shall with respect to business done by it under this agreement, keep true and accurate accounts, records, books and data, which shall show all the Gross Receipts of said business. D. Inspection and Audit of Records: The City and its agents shall have the right at all reasonable times to inspect and audit such books, records, cash registers, and other data relating to Concessionaire's business hereunder as may be re- quired in the judgment of the City or its auditors, to confirm the Gross Receipts as defined herein. If, as a result of any inspection and/or audit, it is established that additional 1 F T 3 amounts are due, Concessionaire shall pay such additional amounts to the City not later than thirty (30) days after completion of such inspection and/or audit. If the results of such audit reveal a difference of more than two percent (2%) between Gross Receipts reported by the Concessionaire and Gross Receipts reported by the audit, the cost of the audit shall be paid by Concessionaire. The Concessionaire shall also furnish the City operating income statements pertaining to this Agreement no less often than on the basis of four calendar quarters. The Concessionaire shall, within sixty (60) days after the close of the year, submit to the City a cumulative statement of income pertaining to this Agreement covering the entire preceding year. Such statements shall contain such information as the City deems necessary and shall show adequate detail of all revenues of the Concessionaire's operations. E. Taxes: Concessionaire agrees to pay all lawful taxes and assessments which during the term hereof, or any extension as provided for herein, may become a lien or may be levied by the state, county, city or any other tax levying body upon the Premises herein, or upon any taxable interest of Concessionaire acquired by this Agreement. Upon making such payments, Concessionaire shall give to the City a copy of the receipts and vouchers showing such payment. ARTICLE IV - RIGHTS, USES, AND INTERESTS A. Concessionaire shall be entitled to the use of the 4 'Ir T Premises for the following purposes and no other use without the specific written permission of the City Manager. 1. Concessionaire shall use the Premises herein assigned for the dining facilities as herein defined. 2. "Dining Facilities" shall be construed and defined as the kitchen facilities, food preparation area, and storage area associated with Concessionaire's preparation and sale of food, food products and non-alcoholic beverages, includ- ing, without limitation, a combination of cafeteria style and short order type service. The operation will include breakfast and lunch. 3. Concessionaire shall operate the Dining Facilities from 7 am. to 4 pm. Monday through Friday. City Hall will be closed on holidays recognized by the City and no food service will be required. 4. Breakfast service will include, but not be limited to, breakfast sandwiches, taquitos, donuts and rolls. 5. Cafeteria style food will include, but not be limited to, two main entree meal choices per day with choices of two vegetables and drink. The menu shall be cyclical. 6. The short order service will include, but not be limited to: (a) hamburgers, hot dogs, sandwiches, etc.; (b) salad plates, fruit plates, green salads, etc.; (c) pastries such as pies, cookies, cakes, brownies, etc.; (d) beverages such as coffee, tea, milk, juices, fountain drinks. 7. The Concessionaire shall provide inventory that shall 5 7 lr 1fr 1 include, but not be limited to, items such as trays, paper goods, plastic silverware, cookware and small appliances needed to promote the level and quality of service contem- plated by this Agreement. 8. Concessionaire shall have the right to operate the Dining Facilities and to provide all food and beverage items served at the Dining Facility SUBJECT to the City expressly reserving the right to procure, at its discretion, suppliers for any other function requiring food services, however any supplier other than Concessionaire shall not have the right to use the Dining Facilities or any equipment located there, FURTHER any such other supplier shall have the duty to leave the dining area clean and shall be responsible for any damage to the dining area which might occur during the other supplier's use. 9. Privileges, rights, uses, and interests excluded. It is specifically agreed and stipulated that the following concessions are excluded from this Agreement, except as otherwise designated herein: Coffee Sales Service Operation of Drink Machines Snack Vending Service ARTICLE V - CONCESSIONAIRE'S OBLIGATION A. Equipment Installations: Concessionaire agrees to provide at its cost and expense all furnishings, equipment, and 6 improvements necessary to provide a Dining Facility on the 6th floor of the City Hall for the term of this Agreement and any extension thereof. Provided however, that City shall pay for the cost of installing any permanent fixtures or equipment. All equipment supplied by Concessionaire shall be used for the storage, preparation, and/or sale of food, food products and non alcoholic beverages in the Dining Facility. When any of the above listed equipment becomes obsolete or no longer useful for the purpose originally intended, Concessionaire shall replace such equipment at its expense. Energy efficient equipment must be used to replace any of the above listed equipment. If Concessionaire determines more equipment is needed, Concessionaire shall apply to the City Manager to amend this Agreement to include more equipment for which Concessionaire will pay. The Concessionaire shall provide a listing of make, model, energy efficiency, and age of equipment to be supplied under this contract. B. Title of Improvements: Title to all improvements permanently constructed, installed or attached to the premises shall pass to the City at the time of installation or construction. Title to all moveable trade fixtures and equipment and all expendable equipment furnished by Concessionaire hereunder shall at all times during the term of this Agreement remain with Concessionaire. C. Maintenance of Premises: Except for structural mainte- 7 nance of the Premises, and other maintenance services to be performed by the City as provided in this Agreement, Concessionaire shall be obligated, without cost to the City, to maintain and repair all improvements to the Premises, including furnishings, fixtures and equipment, whether installed by Concessionaire or otherwise. All such maintenance, repair and replacements shall be of a quality in materials and workmanship equal to the original. Concessionaire shall clean the air filter on the vent-a-hood/blower at least once a week, or more often if necessary. The City or its authorized agents, may, at all reasonable times without notice, inspect the Premises to determine if maintenance satisfactory to the City is being performed. Should said maintenance not meet the reasonable standards of the City, the City will so notify Concessionaire in writing. If said maintenance is not performed by Concessionaire within a reason- able time after receipt of written notice, the City or its agents shall have the right, but not the obligation, to enter upon the Premises and perform the maintenance and charge the cost thereof to the Concessionaire. D. Cleaning and Sanitation: Concessionaire shall maintain the highest standards of sanitation in all areas of food service as well as in its personnel food handling procedures. During operation of the Dining Facility, Concessionaire shall be respon- sible for the cleaning of the dining area. Concessionaire shall keep all areas for preparing, cooking, 8 11 1" r and serving food properly sanitized as defined by the Corpus Christi - County of Nueces Department of Public Health at all times. Floors in the Dining Facility and dining area shall be cleaned daily by concessionaire. The Concessionaire shall adhere strictly to all pure food laws and ordinances as adopted or promulgated by the State of Texas, the county of Nueces, and the City of Corpus Christi, and by the Corpus Christi-Nueces County Department of Public Health. The concessionaire shall conform to all local, city, county, state and federal health and safety regulations and statutes. The concessionaire shall sanitize all equipment monthly, posting on or near each machine a sanitation chart showing the dates the sanitation was performed. E. Trash, Garbage, Utilities, Maintenance, Etc.: The City shall provide for the removal of all trash and garbage in a manner and in compliance with a schedule approved by the City. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the Premises is forbid- den. The city will provide electrical outlets and utility service, including electricity, gas, water and air conditioning, as is reasonably necessary for Concessionaire's performance under this agreement. F. Personnel: The Concessionaire shall employ and maintain sufficient qualified personnel at all times to provide satisfac- tory service and efficient operation of Dining Facility opera- tions - Management personnel shall be thoroughly trained and 9 1 r experienced in Dining Facility operations. It is expressly understood that Concessionaire is an independent contractor and that Concessionaire or its agents or employees are not City employees and are not entitled to benefits normally accorded City employees. Concessionaire shall be solely responsible for the actions or omissions of its employees or agents in the perfor- mance of this Agreement. Personnel relations of the employees on the Concessionaire's payroll shall be the Concessionaire's responsibility. The Concessionaire must comply with all applicable government regula- tions and statutes related to the employment of personnel. Satisfactory evidence of compliance with all health regula- tions shall be, as requested, filed with the City. It shall be understood that the Premises and/or employees are subject to health inspections or qualifications as required by law. G. The Concessionaire shall dispense quality food, food - products, non-alcoholic beverages and related items ("Goods") at competitive prices. The City shall have complete access to the purchasing records of the Concessionaire in order to evaluate the quality of Goods being supplied. The Concessionaire shall file with the City a proposed portion and price list with the proposal of all Goods to be offered for sale. If Concessionaire desires to change the price of any Good, notice of intent to change the price and the pro- posed new price shall be given to the City in writing thirty (30) days prior to changing any price. 10 H. Operation Costs: Concessionaire shall bear at its own expense all costs of operating hereunder, and shall pay insur- ance, all taxes, permits and licenses required by law. I. Laws, Ordinances, Etc.: Concessionaire shall observe and obey all the laws, ordinances, regulations and rules of the federal, state, county and City governments, which may be appli- cable to its operations. J. Rules and Regulations: The City shall have the right to adopt and shall adopt and enforce reasonable rules and regula- tions with respect to the use of the City Hall, and related facilities which Concessionaire agrees to obey and observe. K. Inspection: Concessionaire shall allow the City's authorized representative access to the equipment at all reasonable hours, for the purpose of examining and inspecting said Premises for purposes necessary, incidental to, connected with the performance of its obligations hereunder, or in the exercise of its governmental functions. ARTICLE VI - TERMINATION This Agreement shall be subject to cancellation by the Concessionaire in the event that any one or more of the following events should occur: 1. The permanent abandonment of the City Hall. 2. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the City Hall, and the remaining in force of such an injunction for a period of at least ninety 11 T R T (90) days. 3. If Concessionaire's Dining Facility (and/or dining area) (which term includes only the floor, bare walls, and finished ceilings of the area in the City Hall) are so damaged by fire, explosion, the elements, the public enemy, or other casualty not attributable to Concessionaire or its employees as to remain untenable for more than thirty (30) days, Concessionaire may give the City written notice of its intention to cancel this Agreement in its entirety as of the date of such damage or destruction. This Agreement may be cancelled and terminated at any time, with or without cause, at the option of the City. Such notice of cancellation shall be in writing and shall be effective no more than sixty (60) days from the date of written notice. This notice of cancellation can include, but is not limited to, reasons for said cancellation, including the defaults, breaches, lack of service, or omissions leading thereto. Equipment and Personal Property: Upon cancellation of this Agreement, and subsequent surrender of the Premises to the City, Concessionaire shall remove its moveable equipment within a reasonable time thereafter. ARTICLE VIII - INSURANCE, INDEMNITY, AND DAMAGE TO PREMISES A. Indemnity: Concessionaire shall fully indemnify, save, 12 and hold harmless the City, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatso- ever on account of personal injuries (including, without limita- tion on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the sale of Goods in performance of this Agreement, unless such injury, loss or damage shall be caused by the sole negligence of Indemnitees. Concessionaire shall at its own expense investigate all such claims and demands, attend to their settlement or other disposi- tion, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. B. Insurance: The concessionaire shall maintain the following minimum insurance for the period of the Agreement at its own expense and use an insurance company or companies accept- able to the City and shall furnish the City's Purchasing Division with a Certificate of Insurance evidencing that such insurance is in effect. The Certificate shall specify parties who are addi- tional insured and shall indicate endorsements which are specifi- cally included or excluded. Such Certificate and/or insurance shall not be cancelled, materially changed, or not renewed without thirty (30) days' prior written notice to the City. 13 A copy of all insurance policies will be provided to the City upon its written request. 1. Worker's Compensation: Applicable federal and state requirements. 2. Concessionaire shall purchase and maintain during the term of this Agreement a Comprehensive General Liability policy to include contractual liability, products liability, food handlers liability, and Premises/Operations endorsement to cover bodily injury or death and property damage arising from Concessionaire's activities under this Agreement. Minimum limits of coverage shall be $500,000 for all combined single limit claims. The insurance policy shall name the City as Additional Insured. ARTICLE IX - GENERAL PROVISIONS A. Assignment: The Agreement entered into herein shall not be, in whole or in part, assigned or transferred directly or indirectly without the prior written consent of the City. B. Redelivery: Concessionaire will make no unlawful or offensive use of the Dining Facility and will, at the expiration of the term hereof, or upon any sooner cancellation thereof, without notice, quit and deliver up said Dining Facility location to the City, peaceably, quietly and in good order and condition, reasonable use and wear thereof excepted. C. Attorney's Fees: In the event any action or suit or proceeding is brought to collect the fees due or to become due hereunder, or any portion thereof, or to take possession of said 14 1 Premises, or to enforce compliance with this Agreement, or for failure to observe any of the covenants of this Agreement, Concessionaire agrees to pay the City such sum as the Court may adjudge reasonable as attorney's fees to be allowed in said suit, action or proceeding, or in the event of an appeal as allowed by the Appellate Court, provided that a judgment is rendered in favor of the City. D. Non -Waiver: Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the other party hereto from declaring a forfeiture, termination or cancellation for any succeeding breach, either of the same condition or covenant or otherwise. Acceptance or payment of fees shall not be deemed a waiver. E. Force Majeure: Neither concessionaire nor the City shall be held in default under this Agreement for failure of performance hereunder, provided that such failure is due to strikes, riots, insurrections, fire, war, acts of God, inability to obtain labor, machinery, material or merchandise or for any cause beyond a reasonable control, provided every reasonable effort has been made to perform as required herein. However, the City shall not be responsible for any loss to the Concessionaire due to temporary suspension of operations, regardless of cause. Such suspension(s) may result from but are not limited to: power failure, fire, and/or extraordinary 15 1 n r weather conditions. F. Nondiscrimination: Concessionaire agrees that, during the performance of this Agreement, it will: a) Treat all applicants and employees without discrimina- tion as to race, color, religion, sex, national origin, marital status, age, or handicap. b) Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or requests. G. Notices: All notices required under this Agreement shall be deemed to be properly served if sent by Certified Mail: if to Concessionaire: if to City: Efrain Guerrero 3930 Capri Drive Corpus Christi, TX 78415 F. D. Glenn 1201 Leopard Corpus Christi, Tx 78401 Until hereafter changed by the parties by notice in writing, service of such notice shall be the date such notice is deposited. 1992. EXECUTED IN DUPLICATE on this the day of 16 Attest: City of Corpus Christi By: By: Armando Chapa, City Secretary Juan Garza, City Manager Approved as to Legal Form this day of , 1992 Jimmy Bray, City Attorney La Playa Cafeteria By: By: Assistant City Attorney Efrain Guerrero 17 CORPUS CHRISTI, TEXAS day of tcnibc 1,)19 y2— TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS: For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, COUNCILMEMBERS The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik (U at 2( 021469