HomeMy WebLinkAbout022163 ORD - 02/21/1995AN ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A FIVE YEAR CONCESSION CONTRACT AND LEASE WITH CHRISTINE
HEINESH FOR CONCESSION OPERATIONS AT THE GREENWOOD
SOFTBALL COMPLEX, AT A VARIABLE RENT FROM 5100 TO $350 PER
MONTH DEPENDING ON NUMBER OF TEAMS PLAYING FOR THE
MONTHS WHEN TEAMS DO PLAY; AND PROVIDING FOR
PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to execute
a five year concession contract and lease with Christine Heinesh for concession operations at the
Greenwood Softball Complex, at a variable rent, from $100 to $350 per month, depending on number
of teams playing for the months when teams do play, a copy of which is on file with the City
Secretary.
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.
AG5000.65I.skp
022163
CONCESSION CONTRACT WITH CHRISTINE HEINESH
THE STATE OF TEXAS §
KNOW BY ALL THESE PRESENTS:
COUNTY OF NUECES §
This Concession Contract and Lease (this "Agreement") is entered into between the City
of Corpus Christi, Texas, a municipal corporation with home rule power, (the "City") , and
Christine Heinesh of Nueces County, Texas (the "Concessionaire").
In consideration of the covenants, agreements and conditions herein contained, the City and
Concessionaire agree as follows:
1. Tenn. City does hereby contract with Concessionaire for concession services at the
Greenwood Softball Complex subject to all terms and conditions of the Agreement. The term of
this Agreement shall be for a period of five (5) years, beginning on the 61st day after fmal Council
approval, unless sooner terminated, and extending from month to month, upon the same terms and
conditions as set out herein, until a new contract is agreed upon.
2. Concession Riigh_ts In consideration of the rent hereby provided to be paid by the
Concessionaire, and of the covenants herein, City grants Concessionaire the right to use the
designated concession location, including the usual utilities, as shown on the attached and
incorporated Attachment No. 1, at Greenwood Softball Complex for the sale and dispensing of
food, beverages, and other merchandise as provided herein.
Concessionaire is hereby granted the exclusive right to make direct sales to the public of
the following items: cold drinks, hot drinks (coffee, hot chocolate), hot food (nachos, hot dogs,
popcorn), sandwiches, candy; chips, pickles, T-shirts, kites, snacks, ice cream, and other
merchandise customarily handled by a concessionaire.
City expressly retains the right to:
(a) Make final decisions on matters which may arise, not specifically
covered in this Agreement, including the interpretation hereof.
(b) This Agreement does not include the right for Concessionaire to sell
space for either temporary or permanent sign& The City reserves this
right to itself.
(c) Approve the form and price of products to be sold and to require
disposable containers (paper or plastic) to be suitable for
consumption of the products on premises immediately after the sale.
Bottles shall not be permitted. Under no conditions shall there be
any reuse of these containers by Concessionaire after initial sale or
use.
(d) Approve the sale of products other than those listed above, and the form and price
of such additional products.
3. _Location. Except for the supervision of the City, Concessionaire shall have exclusive
control over the concession area located in Greenwood Softball Complex, shown on the attached
and incorporated Attachment No. 1 ("Premises"), subject to the terms, conditions, and covenants
of this Agreement.
4. Utilities. Included as part of the monthly rental payment City shall provide electrical
service for lights, refrigerators, etc., water and wastewater service, and garbage pickup as usual
utilities for concession activities. Concessionaire shall install a separate meter and pay for electricity
used for high electrical use equipment such as air conditioners or deep fat fryers, if any.
5. Concessionaire Responsibilities. The Concessionaire will be responsible to the City as
follows:
(a) Concessionaire shall fumish, install, service and maintain in good
working order all equipment and supplies required to properly
execute this Agreement. Concessionaire shall furnish at a minimum:
A hot dog steamer, popcorn machine, and a refrigerator and freezer.
Concessionaire shall furnish dispensing and cooling equipment
required for sale of beverages. Vending equipment shall remain the
sole and exclusive property of the Concessionaire.
(b) Concessionaire will operate the concession in accordance with all
federal, state, and local laws and all relevant rules and regulations
that may be promulgated by City Manager of the City of Corpus
Christi, Texas.
(c) Insurance. The Concessionaire covenants that it will cavy insurance
as follows:
(1) Before permitting any employees to begin working in
any capacity, Concessionaire shall cover all
employees by Workmen's Compensation Insurance,
or other coverage approved by the State Industrial
Accident Board, in the amounts which comply with
state and federal laws.
-2-
(2) Before beginning to use or permitting the installation
of any furnishings, fixtures, equipment, etc. at the
Premises , Concessionaire shall procure and keep in
full force and effect a Comprehensive General
Liability insurance policy under which the City shall
be named as additional insured.
(3) Before opening up for business, Concessionaire shall
procure either by separate policy or by appropriate
endorsement to its comprehensive general liability
insurance, coverage which is sometimes referred to as
Food Handlers or Restaurant Operators Protection
(protecting against claims for damages to persons
claiming to have been served unwholesome foods,
etc.).
The policies referred to in 2 and 3 above shall have minimum limits of not less than
$300,000 per person for bodily injury and death, $500,000 per occurrence for bodily
injury and death, and $100,000 property damage. The policies in 2 and 3 shall
name the City of Corpus Christi as Additional Insured.
The originals of all the policies referred to in 1, 2, and 3 above, or copies thereof,
certified by the agent issuing them, shall be deposited by the Concessionaire with the
Director of Park and Recreation, or his designee, (the "Director"). They shall
include provisions that they can not be canceled or materially altered except after the
expiration of sixty (60) days after delivery of written notice of such intention to the
Director. Failure on the part of the Concessionaire to furnish a new policy or
certified copy thirty (30) days before the expiration date of such policy or failure to
furnish a new policy before the date so fixed for the cancellation of the existing
policy so that the risk referred to shall be continuously protected shall constitute a
default on the part of the Concessionaire entitling the City at its option to terminate
the entire Agreement.
If either of the policies referred to in 2 and 3 above do not show upon their face that
they are a flat premium policy and the premium has been paid in full, they must be
accompanied by an endorsement or other appropriate certificate or wavier sufficient
to establish that the company or agency issuing the same is entitled to look only to
Concessionaire for any premium payments and has no right to recover any premiums
from the City. Director shall be notified within two working days of failure to make
a premium payment on time.
-3-
The Liability Policy or the policies referred to in 2 above shall include that the City
is fully protected not only against claims on behalf of the general public, but also
against claims on the part of any of Concessionaire's employees, including claims
based upon alleged negligence on the part of the City, its officers, agents, or
employees.
(d) The food and drink shall be dispensed by an attendant fumished by
the Concessionaire at Concessionaire's expense. Minor cleanup
duties shall consist of keeping tables clean, cleaning up of spilled
food and drink, and removal of trash from the Premises and the
outside area. Service shall be provided during regularly scheduled
athletic activities, or as required by special events. The said hours
may be adjusted in order to adequately serve the public as may be
determined from time to time by the Director.
(e) Concessionaire shall furnish as a part of this Agreement, all related
supplies and condiments.
(0 Concessionaire will make periodic inspections of the public
restrooms located in the same building as the Premises , checking
said restrooms, for cleanliness, vandalism, and unlawful activity.
The Concessionaire shall keep the restrooms free from litter and
debris, and stock the restrooms with supplies (supplies will be
provided in bulk to the Concessionaire by the Park & Recreation
Department). The Park and Recreation Department shall clean and
sanitize the restrooms. In addition, the Concessionaire will
immediately report, upon discovery, any vandalism or malfunction
of facilities to the Park and Recreation Department and any problems
relating to unlawful activity to the Police Department.
Director shall approve the quality, quantity, and price schedule of
all concession merchandise.
(g)
6. Monthly Paymrnia. Commencing with the effective date of this Agreement,
Concessionaire shall pay to City according to the number of teams registered to play per season
according to the following payment schedule:
Team per season Monthly Payment
1-30 $100
31-50 $150
51-70 $200
71-70 $250
91-120 $350
-4-
7. General Provisions
(1) Concessionaire will not on the grounds of 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 right to take action as the United States Government may direct to
enforce this covenant.
(2) The Concessionaire will refrain from any unlawful employment practices and
comply with all lawfully adopted regulations related thereto.
(3) City retains the right at any time to cancel this Agreement upon sixty (60) days
written notice to Concessionaire. The Concessionaire may terminate this Agreement, if the
Concessionaire provides the Director sixty (60) days advance written notice.
(4) Concessionaire will furnish service on a fair, equal, and non-discriminatory basis to
all users thereof, and to charge fair, reasonable, and non-discriminatory prices for each unit of
service.
(5) Concessionaire shall not make alterations, additions, or improvements to the Premises
without prior written consent of the Director. All alterations, improvements, and additions made
by the Concessionaire upon termination of this Agreement become the property of the City in fee
simple, without any further action or process of law.
(6) In the event any legal action is undertaken by any party hereto, to collect for any
damages growing out of or compensation due under this Agreement, the prevailing party shall be
reimbursed for all court costs and expenses and reasonable attomey's fees of not less than ten percent
(10%) of the total amount of the judgment.
(7) Concessionaire shall fully indemnify, save, and hold harmless the City of Corpus
Christi, its officers, employees, and agents (hereinafter "the Indemnitees") against any and all
liability, damage, loss, claims, demand, and actions of any nature whatsoever on account of personal
injuries (including, without limitation 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 of or be in any way connected with, the performance of this
concession Agreement, regardless of whether such injury, loss or damage shall be caused by, or be
claimed to be caused by, in whole or part, the negligence or other fault of the Indemnitees or any
of them. Concessionaire shall at its own expense investigate all such claims and demands, attend
to their settlement or disposition, defend all actions based upon and pay their settlement or other
-5-
disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and
expense of any kind arising from any such liability, damage, loss. claims, demands, and actions.
SIGNED this day of 199_
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI, TEXAS
Juan Garza, City Manager
City Manager
z
By:
Concessionaire
Approved to form this the qday of &ankkaJj 19 9S
James R. Bray, Jr., City Attorney
4 40)12.W.00,1-3
Alison Galiaivay
Assistant City Attorney
jbconuaw:greenw:
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1
4REEMVoolD SIFT&LL coMPLDX
That the foregoing ordinance was res# for the first time and passed
to its second reading on this the day of Jakvuwf r-)
19 619 , by the following vote: J
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cesar Galindo
Betty Jean Longoria
alu
( A� Q. Dr. David McNichols
a1no _ David Noyola
—SF_ Clif Moss
04
Edward A. Martin
That the foregoing ordinance w s
passed finally on this the LI
19 Uff , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cesar Galindo
read for
day of
the second time and
1-e 5v v)
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
Betty Jean Longoria
PAS E$ AND APPROVED, this the 2t day of
19 ID
ATTEST:
City Secretary
,
MAYOR
THE
APPROVED: a DAY OF ifi
JAMES R. BRAY, JR., CITY ATTORNEY
Assistant C'ty Attorney
\tarms V044 . ta 51
022163
OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad 80654
PO#
Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who
being first duly sworn, according to law, says that he is Business Office Administrative Assistant
of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said
County and State, generally circulated in Aransas, Bee, Brooks, Cameron, 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
ON FIRST READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE which is the annexed is a true copy, was published in the Corpus Christi Caller -
Times on the 29TH day(s) of JANUARY, 1995.
ONE (1) Time(s)
$ 42.50
EDNA KOSTER
Notary Public
State of Texas
My Comm. Exp. 11-30-96
goA..ciu idebutitai
Business Office Administrative Assistant
Subscribed and sworn to before me this 7ih day
February. 1995.
Notary Public, Nueces • n , Texas
EDNA KOSTER
Print or Type Name of Notary Public
My commission expires on 11/30/96.
FS/qday. fl y 20, 1986 Gp.S fhMisk Cau truss
' A ¢IflEGFI
ON FIRST READNS
AU ZING THE CITY
43ER OR HIS DESIGNEE •
TO XECUTE A FIVE-YEAR
SM1ON CONTRACT
LEASE WITH CHRSS-
ESH FOR
SSION N OPERATIONS
AT 71* GREENWOOD SOFT-
IA.COMPLEX. AT A
BLE PERT MONTH
$DE-
ING350 PER X. AT pA
NG ON NUMBER OF
PLA YIPLAY. H$ WHEN TEAMS 000
The ordinance was passed
and approved on first reeding
by Me City Council of the City
awlsCorpus Christi on yw 24th
`a&wn 1906.
o ztb3
4a
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad 52175
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in
said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, 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 NO. 022163 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A FIVE-YEAR CONCESSION CONTRACT AND LEASE WITH CHRISTINE
which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the
26TH day(s) of February. 1995.
ONE (1) Time(s)
C'7
C%;
•
•
$ 4240
Vice -President and Chief Financial Officer
rj Subscribed and sworn to before me this 2 day
" MARCH 1995
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
rilipsundey,Fr6niart241966coc
l pi
NOME 0R PASSAGE
SINANCE NO
AUTHORIZING THE
MANAGER DS
TO ECUTOE R AISFIIVE-YE
CONCESSION CONTRA.
LEASE WITH CHRI
HEINESH
SSION OPERATIO.
GREENWOOD SOF
EX, ATii
BLE RENT FROM SI 50
NTH
G ONR NUMBER (
PLAYING FOR tF
MSNTHS WHEN TEAMS.
Tile ordinance was paw
and droved on first read„
�11 City Council of the Ci
vs dsV February. on the �'Iw