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
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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
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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
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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
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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
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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
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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-
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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,
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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
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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.
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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
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(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,
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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.
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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
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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
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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
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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
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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