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Home My WebLink AboutRES 84-100 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into an agreement with Entertainment Services, substantially in the form attached hereto as Exhibit "A" , for a three year ( 3) contract for concessions to the Municipal Athletic Complex, Babe Zaharias Park , Alice Keith Pool and Magnolia Pool. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �QiL�I,_� 1984. Mayor - THE STATE OF TEXAS x. COUNTY OF JEFFERSON 5 The City ot a municipal Corporation or th(;' state or Texas ( hereinafter Called. "owner" ) and hWTKWA1NHKN!' INC . having its principal ottice ano place ot business at heaumant. Jetterson County . Texas ( hereinafter ca!!W "Venaor" ) , agree as tall0wW I T N E S S U 7 owner nereby grants unto Ven Rte.or the sole ana exclusivee right and privilege as set out herein to exercise the rcllowiQ enumerated concession rights ana privileges; to sell and {,A ithn the Muncipal AWletic Complex, Babe Zaharias Park , Alice Keith PC is l, magnolia Pool and other areas spec Rically designated by Owner nerein known as the Qacilities" all tOod ='l beverages, coidections, tobacco, anu other tobacco products, ail caterinq rights anO privilegcs, and any or all similar or incidental sales, services, ano privileges A every nature and vescriytion in the tacilitins. Ail ot saio concession rights and, 4-''rivilege8 nerein granteO are granted in conjunction with any and ail events conOuctod in the facilities during the tern hercof . 2 . The term of tnis agreement st'.,aiJ cormiokencc� C)n t1le date ot execution of this agreopent ant terminate on the 27th day or March, 1967, ana shail not be automatically reassignatle. :say in consideration of tne Uranting of the exciusivc, right to operate the concessions as herein provided Vendor aqrees,-, to pay went to ownet in amounts 6eternined by the following percentages tor the categories specitieo below,, a. 10. 11 ot gross receipts trom concession iocd saivs� 10. 1% or gross receipts trcs sale or novelties it applicable. C. 10. 1% o grues receipts from all other sales. - 7 -- PUP P003 gn WHIM 1MO Aaaaa vul 001 'SqUOMPU00 "Ina,: 00aaq AGTOeMOA MOm TTn RUTAOM 01 1MIUM ATIOPM PuP Waavz� W UT SmAl M q SUOMWO WOns UO 0113 01 sa"v jOP"' -zjqisqcd jueama ayq oq BiaTIMR iuomnemf puln, QjTenh tit O5 10 OUR 9009WOUR Wind Rq TIM 'Janunclaq jopueA PTOS OSTW&Iam PUP MY= W09elaheO ' 0=01 HV 4. -alunwhel Rqej io; anp iunome aqq oi papm PC ITpA Qlpqo ale! qquan Z JAW T 7T 7 6' 'qluom FUTMOTT vu.1 nul 10 W MW MUM, vqj ano;aq 10 uo P= Yqns OQ TTE49 DUO AnP SIURI 10 u0jaeqp3W0D 011M lanaRm - fau5sipo Na sales .tit TPP eq! MIMPUT T!Pqz-; -aa"51sap siq zo luameaq 70 A111 sq! ;0 aaqvum, 14T, aqj al qculaql A100 e PIUM104 M QU00 MUST03 Wea 10 pu''7� oqq qe quamel2is hullunome us 31mqnS 01 SOallt MuaA 'SQZTT10P-. M uT Mos WBIT M 3o ajvs au, m4 jvsmai jsiTi ;0 W7 I W4 PAM TTeqs 10PUtai 1241 PaaM 1*411n; S! 11 q mIlqnd ami 0AIMS fjyjenbaP2 01 ApsSmau spulas U01manum .7q0q1cf xvil aj-4 Nq palMisap SUCT4WOOT mulaaD 4e QsTuany jimus lopuaA IMOA0 y6emcialm 10 MMOSTA SPA019 10 SOIRTA IOU M 101W '1RuTq0P1'-1 10 slaumquoo Sol ( F ) apaqj Isingualsin YU120 410S ( F ) sam". 'Saulela&M3 Tlems ( E ) aamMI 5ulonjoul quamdTnbs =Tssmum, uTeiiun asuedxe We MOO WO Siq le unjuin, laumpaiMs gm .C, 40 maaq aq! =0WOM 'TTIM Iq M1 SMAe 100U0A -Mounq uo we ouv Isiepinams uo &UTS010 cl -W-e potg x0a, FvpTlq qnn0jq-4 Tepuaw -0-d polo! Tensn aq! 'PauuPT! S! AITA; 40U POTnOMOS 10 WOM UO amil A" avic aq TTIM SPUMO UOYSSO"00 1?qq Sna" 10PUlA * tI/ -saxpq sWs TTP OuP Noe Mijanpaio ,V Soaq, Ile 10 3q 0qj UE POOTP91 sjunom au-4 S,,m qwpispaps jqj jo wmodanl sui a accessory necess6ry to conouct the tood services in a proper manner to ccmLly with all health laws Of the state and City ot Beaumont; to use only t 000stutfs ot first quality; to turnish all clearing materials nece8sary to veep the kitchen storerooms, counters, equij-,mzent and utensils , usea by Vendor in a clean ano sanitary ccnoition 8. Vendor, at his own cost, shall maintain Public Liability , Property DamNge Insurance and Products Lianility insurance Mtn limitS not less than $ SUMOU each person ana aggregate for personal injury or death and $IUU.UOU for damage to property to cover its operations hereunder. Vendor shall further, at his own cost. msintain an umorella or disaster type secondary excess insurance coverage of not less than $1.UU0,00U provided, however, mho ulo the Owner deterwine at any time during the term M this agreement tna the above coverage is inadequate. it AM notity 'Vendor in writinu to increase the amount of such insurance so the same shall be adequate. The policy or policies must contain a provision that it shall not be cancelled, expire or otherwise ne terminated until atter at least thirty ( 30) days written notice to that eftect t.f given to tne Owner. Vendor further agrees to carry , at his own cost, auring the term ot this agreement horkmen' s Compensation insurance in rull compliance with Me laws of the State of Texas. Venoor aurees to turnish owner with certiticates evidencing such insurance coverage. 9 . Vendor agrees to indemnity and halo owner harmless from any and all claims . dama,es or causes at action which might arise trom any as of venaor in the Vacilities specifically agreeing to indemniEy owner against all claims . damages or causes of action which might arise as a result of acts, omissions or negligence on tne part of Owner 6r its employees and agents, 10. owner agrees to be rasponsihi, at its sale cost anc exVense tor all structural repairs t.€,, the kacilities, owner turther agrees to furnish, at its sole expense, all utiliQi services, including water, gas and electricity , requireo by Vendor in the operation ot his concession taciAties. venoor agrees to make application tor and pay the necessary tees tor a1i licenses necessary to the conduct ot his business Suring the ter-D M this auroumcrt anc OwnOu Orecs cooperatv to Lhe best o its avijity in the procurement, maintenance and runewai ot such licenses, 12, Vanuo, shall submit to owner a detailed price scnedula tor all items he proposes to se-111 si"OWing weight and amount of item. Ali prices shall require the approval or owner, whien approval shall not be unreasonably withheld it said prices are not higher than those charyea for the same qualiv,.', werch and isa at other arenas a a stadiums in Texas and ad3oinim., states. All prices must ne postec on dispial permanently on ali stands ana venaor' s equipment. Any aeviation in prices must be approved by uwner or its designee. 13. ecor the purposes of this agreement, the tern, "beverages" snail include only i4. Venlor agree S LO COMPly With ail rUleS and regulations prohibitin, tho sate oi alconwic beverages in the paxxs... Venuor turther aurees to cenrorm to al rules K the Parks and Recreation Degartment ot tne City . all ordinances of toe City , and all house rules es tom.abUshed tar the tacilities, 15. Should this agreement be terminatao as a result ot aestruction of the faMilties or any one of them, mutual consent ot the parties, or breach of this agreement by owner, Vendor may remove his fixtures an.6 trom the tacilities. i.t this agreement is terminatea as a result K a oreach ot said agreement Dy Venuor, all fixtures and equipuent on the MAIM= at that. time snali beccme the property ot owner, 16. Vencor snail keep rull ana complete recorCs anc,., Docks of the concession operations satisractory to the owner, which shall incluan original invoiceb at all materials orought cr- the premises and must uubwit eales statements witn settlement tor all sums uue. No materials shall be brought on the previses without such invoices. The owner shall have the rignt to make 4 AIV-70eord periodic inspections to ascertain compHance with this paragraph. The Owner has tho turther right to take its own inwevenuent inventory or Vendor ' s stock at anj reasonaole tine. All suchi inspections shall be rea2onabie and shall not interfere with the orderly conduct of husinoss. W. Venoor agrees that he will be responsible ior the setting yy is n6 the clean up of all concession equipmont. These taSKS MUSt ny accamplisLou within a reasonable tiMe. 10. Vendor, at nis own exponse, shall empi0y suClh competent haiy and personnel as he shail deem necessary for his operations, Ali suct hcly and ycrsonrei shall be Permitted readY ingress ano egress trce the tacilities tree ot charge, aL reasonable times to maintain Venoor' s equ)_pment stores, an(A werchandise and otharwise to perform their duties incioeDtal to, VeMor' s operation hereunder. In. Vendor shall provioe his own janitorial service to keep the interior of the concession stanns , compissaries, storage racns and other concession aroas in a clean and sanitary concition, ciear of rubbinn and refuse, coil ecting all rubbish and retuse in suitaoie container5 which shall ne iocated so as to be readily available tor removal trom the premises by owner, Vencor shall keep ciean the entire area, except the seating areas, within, a raoius ot twenty-five ( 10) feet of each stand, commissary end work area, Venoor shall provine sufficient waste receptacies at each location and nake certain that they are kept clean amd promptly servicw during and after each ovent. Vendor shall clean and Reep concession areas free ok aebris during events. 20. At tne termination of this agreement, Venaor shall leave the taci!AU8 concession area in at least the same condition it was at the :-'t t"nis agreement, less orninarl wear ant tear. Vennor shall replace or repair all property of owner which has seen damajed or destroyea "as a result. oz Vendor' & use of such sdac6. M In the event either party detaults in the pertormanca ot any Or its obligations under this agreement, and such Uefault continues uncorrected tor thirty ( 30) cals attar written nctice trcm to other party ot the particuiar derault, by registered ma-il, return receipt requested, addressed to the dytaulting yarty at its a6dress as hereinatter set tortn, th6reuyon, at the sole ejection ot the non-defaulting party, thiS agreement may be terminated. 21. owner may inslect. and audit the books ot Vendor at all reasonable times and places, and shoulo such audit reveal that Venoor is in danger ot oankruptcy or should the Owner be insecure concerning the tinanciai stability ot Vendor, Owner retains the right to give notice of termination as a detault by Vendor a,,,- provided in paragrayn 21. 03 All tixtures and equipment wili be tree and clear of all encumbrances at any torminatior ot this agreement. 24. All approvais which are requirea by this agreement to be yiven by owner are to be given by the City Manager ov thc. City at Beaumont on his designee. 25. owner shall not be responsioie for any delay or taiiure to hold pertormances or events in any or all tacilities woen such delay or failure is the resuit ot events beyond the contrai of Owner, speciticaliy inciuOing, but not limiteo to strikes, iockouts, tire, weather, storms , acts ot God, war or civil insurrection, cancellations and all other causes beyonu tn- control of owner. 2b. Tnis agreement may not be amended except in writino, execute6 ty the parties hereto. 27. The rights herein granteQ shall not be assigned by, Venoor in whole or in part, without the written consent yk owner first nao and obtained, it being prcvioe6, hcwever, that Venoor may assign the rights herein granted without owner' s consent, where sucs assiynidient is to another corporation, or other entity, whicn presently owns and ccntrols Vendor. 20. Vendor shai; at aii times keep the property of Owner tree and >",.s. _..1: of all iiens, attachments, encumbrances or cisims arisinq out of Vendor' s operations hereunder. k9. All notic5s uired to be given hereunder by Uwner to Vendor shall be in writing. by mail or telegram. prepaia, and addressed to Vendor as foilaws: SiAVICVS, TNC. 7ul MAIN sTRE&T BEAUMONly TEXAS 77701 Ali notiveG required to be givon sy Vendor to Owner shall be sioilarly given, addressed to owner as tallows-, CITY MANNW? THE CITI OF REAUNGNT P. 0. EUX 3827 BEAUMONT, TOXAS 7 7 704 provided that eithcr pirtj may . h notice in writing to the other, desiunate arny 60di -ional or alternative address to which such, notices shall ne qiveno 30. Tnis agreement shall be binding upun and inure to tbn benefit of t1w parties nereto, their respective successor ana assigns. 31, Either party may terminate this agreement by givim, to the other party thirty ( 30) oays written notice of saic termioation. Vendor shaj ! within thirty ( 30) days thereatter vacate the jx es i Ses anc! r ell or his property there tram. Any property belonying to Vendor not rewcvea within saic thirty .'3 U) days snail baceme the property of owner. 32. This agreement shall bc aeemeO to be made and shall be construed in accordance with the laws of the State A Texas. IN WTTNESS WHEREOF . the parties hereto have execumd tDis Agreement tht day arc year first anove written, SERVICES. jNC. KENDOR'' 6y: �_ . _. _ �. .. ..�.. ��