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HomeMy WebLinkAboutC2008-121 - 4/29/2008 - Approved f ~1 { l~ITCHEh[ FACIL~TIE LEASE Between the City of Corpus Christi and Leo Anthony Gonzalez state of Texas County of Nuece This Kitchen Facilities Lease ~"Lease"} is between the City of Corpus Christi, a Texas home-rule municipal corporation ~"City"} noting through its duly authorized City Manager, or designee, ~"City Manager"}, and l.eo Anthony onzale~ ~"Concessionaire"}, dole Proprietor~~wner. RECITAL ~ . The City ovrrns and operates the Corpus Christi City Hall located at ~ X0'1 Leopard street, Corpus Christi, Nueces County, Texas, ~"City Hall"}, and 2. Concessionaire desires to enter into a lease with the City to operate a food service kitchen 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 associated utirith food service businesses, and nothing in the Agreement may be construed as conferring any rights already granted, or to be granted, to other City Hall concessionaires; and, The City represents that it has the right to grant the concession together with all facilities, rights, licenses, services and privileges in the runner and to the extent set forth herein. 4. For the purpose of this Lease, the City hereby designates Paul Pierce, Procurement and general services supervisor as the Contract Administrator. Now therefore, inconsideration of the mutual covenants herein, the parties agree as follovu: AF~EENlEI1lT: 1. Term. This lease commences on the first da of Ma X008 and continues throe h the thirtieth day of April X009 done year; subject, however, to earlier termination as provided herein. This Lease may be renewed for two consecutive twelve-month periods, by mutual written agreement of Concessionaire and the City Manager, or designee, ~"City Manager"}. 2. Premises The City leases Concessionaire approximately 4G0 square feet for storage areas, food preparation areas, kitchen facilities and serving lines, ~"Premises"}, all located on the sixth floor of the City Hall, ~~0~ Leopard street, Corpus Christi, Texas. The pity Manager will also designate a seating area on the sixth floor where the food may be eaten ~"heating Area"}. This heating Area can be changed by the City Manager on 50 days written notice to Concessionaire, The Concessionaire ray not, without the prior written consent of the Contract Administrator, or designee, {"ContractAdministrato~'}, rearrange or otherwise decorate the heating Area. 3. Consideration A~ Amount. Concessionaire shall pay the City ~ °lo of monthly gross receipts up to ~,9 per month, 3°l~ of monthly gross receipts from X5,000 to $5,000 per month and 5~1~ of monthly gross receipts above St000 per month. a _ ;rocs Receipts" means all cash or credit, less applicable sales tax, sire for any food service item sold or produced ~i.e. "foods}'} on the 041~9I08 Ord, ~~7~7~ on~alez, Lei A~nthany PAGE ~ OF 1$ qi 4 i~ T { ' i ' . Payrrrent. Concessionaire must pay the Fee set out herein in A. of the section styled "AREEI~ENT", in arrears for the prior month, on or before the bath day of each month to: Chief Financial Officer P. Box Corpus Chr~stir Texas 1849~g~7? D. Reports. Concessionaire must provide to the Contract Administrator, on or before the ~~t~ day of each month far the prior month, a monthly report of dross Receipts that is certified by a duly authorized officer of Concessionaire. sales, dales to individuals must be for cash. The Contract Administrator may authorize credit to City departr~ents or ~,ay authorize credit card usage if Concessionaire so requests. 4. foods. A. duality. Concessionaire must dispense quality food, foal-products, non-alcoh~olit beverages and related items ~"Goods"} at competitive prices. Records, Audit, and Reports. A. Records. Concessionaire must keep true and accurate accounts, retards, books and data, v~rhich must show all the dross Receipts of the Concessionaire under the lease. All underlying documentation fvr Concessionaire's certified monthly statements, including cash register tapes, must be preserved by Concessionaire for at least 5years~ City may terminate this lease for failure to preserve such records or provide them to City upon Contract Administrator's request. B. inspection and Audit o~ Records. The Contract Administrator may, at all reasonable times, inspect and audit such banks, retards, cash registers and other data relating tv Concessionaire's business hereunder to confirm the dross Receipts as defined herein. If, as a result of an}~ inspection or audit, it is established that additional amounts are doer Concessionaire must pay the additional amounts to the City not later than ~0 days after completion of the inspection or audit. if the results of the audit reveal a difference of mare than two percent ~2°l~} .between dross Receipts reported by the Concessionaire and Cross Receipts reported by the audit, Concessionaire must pay the cast of the audit. .Operating Income Reports The Concessionaire must furnish the Contract Administrator Income statements pertaining to this Lease at least faun times a year no less often than on a quarterly basis. Further, Concessionaire rr~ust submit within ~a days after the close of each Irease year, a cumulative statement of income pertaining to this Lease, v~rhich cavern the entire preceding lease year, to the Contract Adrr~inistrator. These statements must contain information that the Contract Administrator deems necessary and must show adequate detail of all Cross Receipts of the Concessionaire's operations at the Premises. Use. A. Use of Premises. Concessionaire may use the Premises for the follo~ving purposes and no other v~rithout the specific written permission of the Contract Administrator. ~ . Concessionaire may use the Premises of the l~itchen Facilities to prepare and sell food products, i.e. foods. PAGE 2 GF 18 1~ ' ~ i~ ~ f ~ v 2. "Kitchen Facilities" means the kitchen facilities, food preparation area, and storage area v~rithin the Premises. B. Required service. ~ . Hours. Concessionaire must operate the Kitchen Facilities from at least 7:00 am. to 3:00 pFm. hJlonday through Friday, but may operate longer hours if Concessionaire sa desires. City Hall gill be closed on holidays recognized by the City and no faad service gill b required. Contract Administrator has the authority to change the hours at Concessionaire's v~rritten request. breakfast. service must include, but not be limited to: breakfast tacos, rolls and other items a dictated by patron demand. 3, Lunch. short-order service gill include, but not be limited to a variety of ~Ilexican and American fare: ~a} assorted tacos, lunch plates and a la carte items; fib} hamburgers, French friet subs and saladsr ~c} desserts such as various types of cake, ice cream, floats, etc.; and ~d} beverages such as coffee, tea, milk, juices and soda pop. 4. lVlenu A~justrnent, Concessionaire gill maintain a suggestion box and gill make adjustments to the menu as necessary predicated on feedback from Concessionaire's patrons, . Inventory. Concessionaire's inventory must include, but not be limited to, items such as trays, paper gaols, plastic u~rare, cookware and small appliances needed to promote the level and quality of service contemplated by this Lease. . Exclusions. ~ . City Manager or Contract Administrator may authorize other food service suppliers to: ~a} use the heating Area and fib} cater events at City Hall, to provide food items far special events, meetings or City council faad. Any third-porky user must clean up and repair any damage to the heating Area that is caused by its use of the heating Area. Na third-party nay use the Kitchen Facilities. operation of Mending IVlachines v`rill be by a separate contract and is expressly excluded from this Lease. Havtirever, no vending machines gill be placed on the sixth Floor of City Hall. 7. Equiprr~ent, A. Equiprr~ent Installation. City and Concessionaire must provide at its cost all furnishings, equipment, and improvements necessary to provide a Kitchen Facility on the nth floor of the City Hell during the Lease and any extension thereof. The City shall provide equipment shown in attached Exhibit A. The Concessionaire shall provide a listing of make, model, energy efficiency and age of equipment it supplies under this Lease, ~uhich uvill be attached and incorporated as Exhibit B. Provided, hovuever, that City must pay for the cast of installing any permanent fixtures or equipment. A list of all permanently installed fixtures or equipment will be attached and incorporated as Exhibit C. Contract Administrator is authorized to amend Exhibits B and C to reflect nevu or replacement Equiprr~ent. The nevi Exhibit ~ or c becomes effective Shen filed with the City secretary. ~ o~ .1 , sl M ' ~ All equipment supplied by Concessionaire must be used for storage, preparation, andlor sale of fond, food products and non alcoholic beverages ~i.e, foods} in the Kitchen Facilities. vUhen any of the equipment supplied by Concessionaire 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 equipment. B. Title to ln~provernents, Title to all improvements permanently constructed, installed or attached to the Premises passes to the City at the time of installation or construction. Title to ail moveable trade fixtures and equipment and all expendable equiprr~ent furnished by Concessionaire at all tines remains with Concessionaire; Concessionaire must remove its moveable equipment within a reasonable time after termination or cancel#ation. If not removed in a reasonable time, title to paid equipment passes to the City. The City shall determine what amount of time is reasonable and the City's decision is final. C. ~Ilaintenance. Concessionaire must maintain all equipr~ent in the Kitchen Facilities regardless of who owns the equipment. All City-owned Equipment is guaranteed to work for the first six months of this Lease and any repairs during this time will be paid for by City. After the first six months, any repair of City-owned Equipment that exceeds BOO will be paid by the City or deducted from the rent owed by Concessionaire, as mutually agreed by Concessionaire and Contract Administrator. If a repair is in excess of $x,000, Concessionaire and contract Administrator will determine whether to repair or replace the City-owned Equipment and will mutually agree how to divide the cost of repairs, ownership of Equipment that must be replaced is governed by the terms of Section 7 ~Equiprnent}, B of this Agreement. D. I~air~tenance. The Contract Administrator may, at all reasonable times without notice, inspect the Premises to determine if satisfactory rr~aintenance is being perforred. If not, Contract Administrator wil! so notify Concessionaire in writing. If the maintenance is not performed by Concessionaire within a reasonable time stated in the written notice, Contract Administrator may perform the maintenance and charge the City's cost plus ~ 0°l~ overhead to the Concessionaire. E. Cleaning and Sanitation Concessionaire must maintain the highest standards of sanitation in all areas of food service and its personnel food handling procedures. During operation of the Kitchen Facilities, Concessionaire must clean the Seating Area and tables. Kitchen Facilities, Seating Area, tables and floors rnust be cleaned daily by Concessionaire. Concessionaire must sanitize all equipment monthly and post on or near each machine a sanitation chart shaving the dates the sanitation was performed. F. Food Laws. Concessionaire must strictly adhere to all pure food laws and to all applicable local: city, county, state and federal health and safety regulations and statutes. Trash and grease Trap. A. Trash. Concessionaire rust remove ali trash and garbage to the City}s dumpster and must not pile boxes or other containers around the Premises. City will provide a dumpster and disposal of the contents. Concessionaire must not dispose of toxic or hazardous materials, as defined by the Environmental Protection Agency, in the durr~pster. B. grease Trap. Concessionaire will clean, or have cleaned, the grease traps on no less than a monthly basis or more often if deemed necessary, and will properly dispose of or ensure proper disposal of the contents of the grease trap. 5 f 9. Utilities. In return for part of the consideration, City gill provide Concessionaire pater, vuasteater, gas, elec#ricity and the same lighting, heating, cooling end ventilation a generally provided in City Hall. City v`rill provide a telephone extension for local calls only on its phone system; Concessionaire must provide all other telephone service it mey require. ~ Personnel. Concessionaire must emplo sufficient ualified eronnel at all times to Y q p provide satisfactory service and efficient operation of Kitchen Facilities. operations hllanagement personnel must be thoroughly trained and experienced in Kitchen Facilities operations. Concessionaire is an independen# contractor and Concessionaire or its agents or employees are not City employees and, thus, not entitled to benefits normally accorded City employees. Concessionaire is solely responsible for the actions or omissions of its er~ployees or agents in performing the obligations of this Lease. Concessionaire must comply Frith all applicable government regulations and statutes related to employing personnel. ~ ~ .Health Reguiation. If requested, Concessionaire must furnish to the Contract Administrator, evidence of its and its emplo ees' com liance v~rith all health re ulations. Y p 9 Premises and employees ere subject to health inspections or qualifications as required by lauv. 1~. operation Costs. Concessionaire must paY ell costs of operating hereunder, including, ~rithout limitation: insurance, all taxes, permits and licenses required by lava. ~ Lauvs, ordinances, Etc, Concessionaire must observe and obey all applicable lays, ordinances, regulations and rules of the federal, state, county and City governments. ~4. Rules. The City Manager ray adopt and enforce reasonable rules and regulations Frith respect to the use of City bell and related facilities vuhich Concessionaire agrees to obey and observe. ~5. Inspection, Concessionaire must allo~r the Contract Administrator access to the Premises and equipment at all reasonable hours, to examine and inspect the Premises for purposes necessary, incidental to, connected with the Concessionaire's performance} or in the exercise of its governmental functions. City personnel shell have the right, at all reasonable times, to enter upon the Premises, including the Kitchen Facilities, for purposes of ins action, re air, fire or p p police action and enforcement of this Lease. 1G, Termination. A. concessionaire. This Lease may be canceled by the Concessionaire if any one or more of the follo~ring events occur: 1. The permanent abandonment ofthe City Hall. issuance by any court of competent jurisdiction of an injunction in any vuay preventing or restraining the use of the City Ha11, ~rhich remains in effect for ~ days. 3. if Concessionaire's Kitchen Facilities 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 0 days, Concessionaire may give the Contract Administrator vuritten notice of its in#ention to cancel this Lease in its entirety as of the date of the damage or destruction. PACE5DF18 ~ , r ~ r: B. pity. City may cancel this Lease at any time with or without cause. Notice of cancellation must be in writing and will be effective no more than ~ days from the date of written notice. This notice of cancellation can include, but i not limited to; defaults, breeches, lack of service or omissions leading thereto. . . Delinquency. Concessionaire will be deemed "delinquent" or "in default" if the City has not received Concessionaire's monthly rental payment and financial statement on or before :~0 p.r~, on the both day of the r~anth following the calendar month for which the rental obligations accrue. If the both day of the month falls on a weekend or city-recognised holiday, the respective payments and financial statement must be tendered on the first business day thereafterF In the event of delinquency or default, the City hllanager mey, at his option, terminate this Lease after Concessionaire fails or refuses to pay the amounts due or provide the required financial statements within fifteen ~'15~, days after City has sent written notice to Concessionaire of the delinquency or default. ~ T. indemnity. Concessionaire must indemnify and hold harmless City, its officers, employees, or agents ~i`Indemnitees"} from and against all claims demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from ar asserted against City on account of injury or damage to person yr property to the extent the damage or injury nnay be incident to, arise out of or be caused, either proximately or remotely, wholly or in part, by an actor omission, negligence or misconduct on the part of concessionaire or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises or any Improvements thereon pursuant to this Lease with the expressed or implied invitation or permission of Concessionaire collectively "Concessionaire's Invitees"~ or when any the injury or damage is the result, proximate or remote, of the violation by Concessionaire or Concessionaire's Invitees of any law, ordinance or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the Improvements located on the Premises herein or out of the use or occupancy of the Improvements to the Premises or the Premises itself by Concessionaire or Concessionaire's Invitees. Concessionaire covenants and agrees that in case City shall be made a party to any litigation against Concessionaire or in any litigation commenced by any party, other than Concessionaire relating to this Lease, Concessionaire shall defend City upon receipt of reasonable notice regarding commencement of such litigation. ~ Insurance. The Concessionaire must obtain and maintain the minimum insurance listed in the attached and incorporated Exhibit D for the period of the Lease at its own expense and use an insurance company or companies acceptable to the Contract Administrator and must furnish the Contract Administrator uvith a Certificate of Insurance evidencing that such insurance is in effect. The Certificate must specify parties who are additionai insured and must indicate endorsements which are specifically included or excluded. such Certificate and insurance must not be canceled, materially changed or not renewed without 3~ days prior written notice to the Contract Administrator. A copy of all insurance policies will be provided to the Contract Administrator upon hislher written request. ~ Assignment. This Lease nay not be assigned or transferred, in whole or in part, directly or indirectly without the prior written consent of the City. ~O.Redelivery. Concessionaire must make no unlawful or offensive use of the Kitchen Facilities and must, at the expiration or sooner cancellation hereof, without notice, redeliver the PAGE 8 OF 18 M f - ~ l~itchen Facilities to the City, peaceably, quietly and in good order and condition, reasonable use and wear thereof excepted. ~~.Attorney'e Fees. If any action or proceeding is brought to collect the fees due or to become due hereunder, or any portion thereof, or to take possession of the Premises, or to enforce compliance with the Lease, or for failure to observe any of the covenants of the Lease, Concessionaire must pay the City such sum as the Court may adjudge reasonable as attorney's fees in said action or proceeding, or in the event of an appeal as allowed by the Appellate Court, if a judgment is rendered in favor of the City. ~2. Non-Waiver. Any waiver of any breach of covenants herein contained to be kept and performed by either party hereto is not deemed or considered as a continuing waiver, and does not operate to 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 will not be deemed a waiver. 23.Force Ma~e~,re. Neither concessionaire nor the City will be held in default under this Lease for failure to perform hereunder, if the failure is due to strikes, riots, insurrections, fire} war, acts of hod, 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 will not be responsible for any logs to the Concessionaire due to ter~porary suspension of operations, regardless of cause. The suspensions} may result from but are not limited to: power failure, fire, andlor extraordinary weather conditions. ~4.Nondiscriminativn. Concessionaire agrees that, during the Lease, it will: a~ Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age or handicap. b~ Identify itsel# as an "Equal opportunity Employer" in all help wanted advertising or requests. ~~.Notice. All notices, demands, requests or replies provided for or permitted by this Lease shall be in writing and may be delivered by any one of the following methods: by personal delivery; by deposit uvith the United States Postal Service as certified or registered marl, return receipt requested, postage prepaid to the addresses stated below; {3} by prepaid telegram, or ~4} by deposit with an overnight express delivery service at: l f to C ity: City of Corpus Christi Purchasing Division Attention: Paul Pierce} Procurement and general Services Supervisor P.~. Box 9~~7 Corpus Christi, Texas ~84G9-917 Physical Address far use by overnight express delivery service: 101 Leopard Corpus Christi, Texas 78401 Fax Number: {3fi 1 } 8~~-~~ PAGE l of 18 Ifto Concessionaire: Lea Anthony Gon~ale~ 44~a Greenwood Drive Corpus Ch risti, Texas 784 ~ ~ Fax number: ~8fi1 } Notice deposited with the United States Postal Service in the manner described above will be deemed effective one } business day after deposit with the U. S. Postal Service. Natice by telegram or overnight express delivery service will be deemed effective one }business day after transmission to the telegraph company or overnight express carrier. ~fi. Taxes and Fees. Concessionaire must pay all taxes, licenses and fees required to operate and maintain it's Kitchen Facilities on the Premises. Furthermore, Concessionaire must pay all taxes which its use of the Premises and Kitchen Facilities may cause to be assessed against the Premises and Kitchen Facilities. Concessionaire must pay all payroll taxes and related taxes and fees incident to operation of its Kitchen Facilities on the Premises. All these taxes and fees must be paid priar to the due date thereof. Additionally, Concessionaire covenants to timely pay payroll taxes, ~Iledicare taxes, FICA takes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Concessionaire must provide proof of payment of these taxes to the Contract Administrator within 8~ days after hislher vuritten request thereof. Failure to pay or provide proof of payment i grounds far immediate termination of this Lease, ~7. Modifications. Na provision of the Lease may be changed, modified or waived, unless in writing signed by a person authorized to sign agreements an behalf of each pasty. ~8. Financing. City recognizes that Concessionaire may borrow funds far improvements to the Kitchen Facilities, and its lender or lenders will require a first lien upon Concessionaire's leasehold. The fee simple estate of Lessor in the surface estate burdened by Concessionaire's leasehold estate must be exempt from the lien, and any lien must contain the fallowing language: "Lender agrees that the lien created by this instrument is effective only as to Concessionaire's leasehold estate created by that certain lease dated , executed by the City of Carpus Christi, as Lessor, and , as Concessionaire, and does not affect Lessor's interest, being the fee simple estate burdened by Concessionaire's leasehold estate" or other similar language approved by the City Attorney. l n the event of any foreclosure by any lender of its lien or liens on the Kitchen Facilities or fixtures, or trade fixtures, the lender succeeds hereunder to all rights, privileges and duties of Concessionaire, including without limitation paying rent, as if said lender was originally named tenant herein, and the lender gill have a reasonable time after date of foreclosure knot mare than ~ 80 days to sublease the Kitchen Facilities to parties as may be approved by City. 29. inns. Concessionaire must not place, paint or otherwise affix any sign at, an or about the Premises, ar any park thereaf, uvithout the Contract Administrator's priar written approval. The City may require Concession to remove, paint or repair any signs allowed. if Concessionaire PAGE 8 QF 18 ~ 4 ~ does not remove, paint ar repair the signs within ten days of demand thereof in writing, the City may remove, paint or repair the signs and charge Concessionaire the City's expenses plus ~ ~°l~ overhead. Concessionaire agrees to pay within 0 days after City sends an invoice to Concessionaire. concessionaire may plane menu signs and displays on the walls of the cafe. Additionally, Concessionaire may periodically exhibit the wor~C of local artists in the cafe, witf~ prior approval of ContractAdministratar. ~0. Alterationllrr~prover~ents. Concessionaire must not make any alterations to the Premises without the priorritten consent of the City Manager. Changes in Lease. This Lease contains the entire agreement between the parties. None of the covenants, terms or conditions of this Lease may be altered or waived,. except by a written instrumen#, duly signed by authorised representatives of the parties hereto And no act or omission or v~raiver by the City as to a default, either in whole or in part, by Concessionaire of a covenant, term or condition of this Lease, waives the City's right to insist upon Concessionaire's full performance in the same manner and to the same extent as the same are herein covenanted to be performed by the Concessionaire. Leas Relationship. The parties hereby create a landlordltenant relationship} and this Lease must be construed conclusively in favor of that relationship. Nothing herein, neither the method of computation of rent, or any other provision captained herein, ar any of the acts of the parties, creates a relationship of principal and agent, or of partnership, or of joint venture between the porkies hereto, 3~ Holding fiver. if Concessionaire, with the consent of City, continues to remain on the Leased Prerises after the lease term, then Concessionaire becomes a tenant from week to week, notwithstanding the duration of tine far which rent ray be paid, and the City Manager has the absolute right to terminate this tenancy upon 7 calendar days notice. 4.Pet Control. City will provide pest control services to the Premises and heating Area approximately quarterly Concessionaire may provide more frequent pest control services at its expense, but must notify the Contract Administrator at least two business days prior to any pesticide application, .Captions. The captions employed in this Lease are far convenience only and do not in any way limit or ampli#y the terms or provisions hereof. . 36.interpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nuces County, Texas, where this Lease was entered into and will be performed. Entirety clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Concessionaire for the use granted.. All other agreements} promises and representations, unless contained in this Lease, are expressly revoked, as the parties intend to provide for a complete understanding within the previsions of this Lease and its exhibits, of the terms, conditions, promises and covenants relating tv Concessionaire's operations and the Premises to be used in the operations. The unenforceability, invalidity or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid or illegal. 38.everance clause. If for a reason any section, paragraph, subdivision, clause, phrase, word or provision of this lease is held as invalid or upconstitutianal by a final judgment of competent jurisdiction, it does pot affect any other section, paragraph, subdivision, clause, PAGE ~ QF 18 ~ y ~ ~ phrase, vuord or provision of this lease for it is the definite intent ~f this lease that every section, paragraph, subdivision, clause, phrase, vrrvrd or provision hereof be given the full farce and ef#ect far its purpose. signed in duplicate oriinalsthis day of , 2a08. pity. ore K. Noes ~~ty IUlanager Attest; Armando ~hapa, fit ecretary Legal Form Approved: this day of , ~aa8. Veronica Ocana~s Assistant pity Attorney For pity Attorney U~NDRM~~~ ~+~+~rRert.~rr,~,~ Lea Anthony onzaiez . . A ony on~ale~, dale Proprietorl~v~ner PACE ~4 OF 18 ~IIB~T List of equipment provided by the pity of Carpus Christi ~it~ Freparatian table Refrigerator Freezer Ice Machine b beck cafe table 17 black cafe chair bauble even Range Hat Table salad aid Table I~itchcn Fire Extinguisher safe F ire Extrnu i sh er PAGE 11 QF 18 ~ 5 j List of Fquipn~ent provided by Concessionaire ~Lec Anthony onxalez} icrawa~e ~~en Deep Fr~rer Twa stainless steel Prep tables - 5' x 3' Ail pots, pans and utensils Blender Cash Register Credit Card Machine Plates, Trays, flatware, to-ga boxes A11 Food Beverages All Counter Top displays Decorat~ans paintings, pictures, displays} Coffee e~uiprr~ent ~-1 coffee maker, assar~ed decantors Plastic tea dispenser with spigot Dispenser for aquas frescos with spigot Capuccino machine 3 - Chalk boards Table clothes and plastic covers for each table 3 trashcans Container to collectlstare used grease 1 easel in Atrium an 1 floor i easel in Atrium on. Gtr Haar ~ black cafe table labeled with "Leo Anthony anzalez'} 4 black cafe chairs labeled with "Lea Anthan~ on~ale~" P~G~ 12 ~F 48 F ' ~ ' , List of permanently installed equiprr~ent and fixtures dent Hood dater heater Largo sink in ~itc~en small Ink In Cafe ~ountertap case work PAGE 13 OE 18 r 1 EFL I BIB ~ INIlRANE REC~UIREI~ENTS BETION I~ ONESSI~NAIRE's LIABILITY INSURANCE A. concessionaire must not commence work under this agreement until all insurance required herein has been obtained and approved by the pity. concessionaire must not allow any subcontractor to commence work until all similar insurance required of the subcontractor I~as been obtained. B. concessionaire must furnish to the pity's Risk Manager, two copies of certificates of Insurance; with the pity named as an additional insured for all liability policies. A blanket waiver of subrogation is required an all applicable policies, showing the following minimum coverage by insurance company~s} acceptable to the pity's Risk Manager. TYpE OF INSURANDE IIIIINIIIIIUM INsUI~AANE ~IIERAOE 3~-day written notice of cancellation, nor- Bodily Injury and Property Damage renewal, material change orterminati~n Per occurrencel aggregate required on all certificates ammercial general liability including: 1. arnmercial Farm ~~O,~OD COMBINED SINGLE LIMIT Premises -Operations 3. Produc~s~ Oornpleted Operations Hazard 4. ~ontractuai Insurance Food Handlers Liability B. I ndependent ~antractors 7. Personal Injury ! Adverkising Injury 111lorkers' compensation Required if concessionaire employs any person other than himself ~ herself: VIIHIH COMPLIES UvITH THE TEAS UvDRl~ERS' COMPENSATION ACT & SETI~N II OF THIS EXHIBIT Employers' Liability ~ OD,~00 In the event of accidents of any kind, Concessionaire must furnish the Risk Manageruvith copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. sEOTIDN II. ADDITIONAL REQUIREIVIENTs A. If applicable, as stated in Section l - B. Table, concessionaire must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract far coverage must be written on a policy and with endorsements PAGE ~4 OF ~8 ~ ~ ' { • approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' cvmpensatian obligations incurred by concessionaire will be promptly met, B. certificate of Insurance: • The pity of corpus Christi must be named as an additional insured on the liability coverage, except far the vlJorkers' compensation coverage and a ~ianket waiver of subrogation is required an a!I applicable policies. • If your insurance company uses the standard AC~~D form, the cancellation clause bottom right} must be amended by adding the wording" changed off' between "be" and "canceled", and deleting the wards, "endeavor to't, and deleting the wording after "left"~ In lieu of modification of the ACRD form, separate policy endorsements addressing the same substantive reguirerr~ents are mandatary. • The name of the project must be listed under "Description of operations". • At a minimum, a ~-day written notice of material change} non-renewal, termination or cancellation is required. if the ~erkificate of Insurance on its face does not show the existence of the coverage required by items I - B Table ~1 an authorised representative of the insurance company must include a letter specifically stating whether items I ~ B. Table ~1 are included or excluded. 200$ City Mali Faad Service ins, req. 4~-08 e~ R+sk Mgmt_ RAG~16~F18 CITY OF CORPUS CHRISTI FINANCE DEPARTMENT /PURCHASING DNISiON MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BAD PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS ENTERPRISE. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: HISTORICALLY UNDERUTILIZED BUSINESS HUB ? YES NO ~ ) DISADVANTAGED BUSINESS ENTERPRISE (DBE} ? YES 10 SMALL DISADVANTAGED BUSINESS ENTERPRISE {SDBC} ? YES NO OTHER (PLEASE ?YES ? NO SPECIFY): THIS COMPANY IS NOT A CERTIFIED MINORTITY BUSINESS THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- - Firm Name C~ ~5~~~*j C~o~Y~z Telephone:3~/ - ~y~3`~ Ext. Address: ~/~l-P-~ Fax: - - City: ~~~a~s ~~s~ State: Zip: 7~y~~ E-mail: yG.~,r~~-~` y g~""• Date: y z/~~ Sign re of Authorized to Sign Form Signer's Name: L~~ Title: d~~ {Please print or type) PAGE 16 OF 78 - . ~ ! ~ SUPPLIER NUMBER TO B1~ ASSIGNED BY I~ PURCHASING DiVISIGN City of Carpus I~ITY ~F I~RPIJ~ HAITI Chn~tt III~L~~~ F IT~~T City of Corpus Christi ordinance 17112, a amended, re~~ires all ersans or firms seekir?g to+ do business with the City to provide the following Inforatlon, livery questzon must a answered. tf the question ~ not applicable, answer with "NA". fee reverse side far definitlans. CJ ~o i / r ~ ~ ~ FIRM I: 1, Corporation 2~ Par~ership 3. Sole owner ~ 4. Assoc~at~on ~ ether DIL~UR~ I~UETII~N If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. state the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°l0 or more of the ownership in the above named "fine." Name fob Title and City Department cif known} 2. state the names of each "official" of the Ci of Corpus Christi having an "ownership interest" constituting 3°l~ or more of the ownership in the above name "fine." Name Title 3. state the names of each "board merrxber" of the City of Corpus Christi having an "ownership interest" constituting ~°l~ or more ofthe ownership in the above named "firm." Name f Board, Commission or Commlttee I 4. state the names of each employee or of~eer of a "consultant" for the City of Corpus Christi who worked on any matter related t0 the subject of thls contract and has an "ownership interest" constltuting or more of the ownership in the above Warned "firm." Name Consultant ~ERTIFIATI~N I eertlfy that all inforrnatian rovided is true and correct as of the date of th~5 statement, that I ha~re not kriaingl withheld disclosure o any information requested; and that supplemental statements will be proieptly submitte to the City of Corpus Christi, Texas as changes occur. ~ ertr in Peron. Title. ~ ~ IY 9 [Type or Print ter. i~nat~re of ~erkifying Date; Person: ~AO~~~o~~i~ 4~ S + . DE~'INIT~~N . a. "Eaard member" A member of any board, can~rnissian, or camm~ttee appointed by the City Council of the City of Carpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either an a full or part- tlme balls, but not as an l~ldependent contractor. c. "Finn," Any entity operated for ecanarrxic gain, whether professional, industrial ar commercial, and whether established to produce or deal with a product or service, including but not limited ta, entities operated in the farm of sale proprietorship, as se~~ employed person, partnership, corporation, joint stack company, joint venture, receivership or trust, and entities which for purposes of taxation are treated asnon-profit organizations. d. "official." The Mayor, members of the City Council, Cit}r Manager, Deputy City Manager, Assistant City Managers, Department and Dlvlslan Heads, and Mun~c~pal Courk Judges of the City of COrpUS Chrlstl, Texas. e. "Ownership Interest." Legal ar equitable interest, whether actually ar constructively held, in firm, including when such interest is held through an agent, trust, estate, ar hald~ng entity. "Constructively held" refers to holdings ar control established though voting trusts, proxies, ar special terms of venture ar partnership ag~een~ents." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recarnrnendatian. SAGE 18 0~ 18