Agr Bill Burke 2002 PerpetualBILL BURKE MEMORIAL PARK
CONCESSIONS AGREEMENT
This Agreement is entered into this ~' day of March 2002, by and between
the CITY OF SALINA, KANSAS (the "City") and the SALINA OPTIMIST CLUB.
Recitals
A. The City owns and operates a baseball/softball complex known as Bill
Burke Memorial Park (the "Complex") which includes a structure designed for the sale
of concessions to the general public attending events at the Complex (the "Concession
Stand").
B. The City wishes to provide for the general public attending
baseball/softball games at the complex, merchandise and services for the better
accommodation, convenience and welfare of the general public.
C. The Salina Optimist Club has offered to operate the concession operation
for all games played at the Complex.
D. The City believes that contracting with the Salina Optimist Club for the
concession operation at the Complex is in the best interest of the City, the sponsors of
baseball/softball programs which play at the Complex, and the general public attending
baseball/softball games at the Complex.
IN CONSIDERATION of the mutual covenants and promises outlined herein, the parties
agree as follows:
1. Right to OCCUDy and Operate. The City grants to the Salina Optimist Club
the right to occupy the Concession Stand for the purpose of selling concessions from
the Concession Stand and within the confines of the Complex. The Salina Optimist
Club accepts that right from the City and agrees that they shall sell concessions at all
baseball/softball games scheduled by the City for play at the Complex, except in those
cases where a tournament sponsor elects to provide concessions for its tournament and
from facilities other than the Concession Stand. In those cases: (A) the City shall notify
the Salina Optimist Club that the tournament sponsor will be providing concessions, (B)
the City shall pay to the Salina Optimist Club the $250 per weekend fee payable by the
tournament sponsor electing to provide its own concessions, and (C) the tournament
sponsor electing to provide its own concessions shall not have access to the
Concession Stand.
2. Compensation. The Salina Optimist Club shall pay to the City for the right
to sell concessions at the Complex the sum of $2,500 per year, payable in equal
installments of $1,250 each on July 1 and August 15 of each year during which this
Agreement remains in effect.
3. Food and Beverage. The Salina Optimist Club agrees to sell a complete
line of food and beverage items normally associated with a baseball/softball complex
concession operation. The type and price of any food, drink, Or merchandise to be sold
at the Complex by Salina Optimist Club shall be conspicuously posted at the
Concession Stand and shall be subject to prior approval by the City.
4. Equipment Lease. The Concession Stand is currently equipped with the
following equipment owned by the City (the "City Equipment"):
a. ice machine
b. hot dog machine
c. nacho machine
d. popcorn machine
e. frier/oven
The Salina Optimist Club agrees to lease the City Equipment from the City for rent of
$400 per year, payable in equal installments of $200 each on July 1 and August 15
each year during which this Agreement remains in effect. The City and the Salina
Optimist Club acknowledge that as of the commencement of this Agreement, the City
Equipment is in good working order.
5. Equipment, Supplies, and Inventory. The Salina Optimist Club shall be
responsible for the cost and all aspects of properly equipping, supplying, and stocking
the Concession Stand. The Salina Optimist Club shall maintain its equipment in good
working order (including the City Equipment) and shall not damage City property in
either the installation or removal of any equipment. Any equipment, supplies, and
inventory purchased by the Salina Optimist Club for use in the concession operation
shall remain the property of the Salina Optimist Club. The Salina Optimist Club and not
the City shall be responsible for any risk of property loss or damage to equipment or
other personal property owned or leased by the Salina Optimist Club for use in the
concession operation, including the City Equipment (except for reasonable wear and
tear). The Salina Optimist Club may obtain insurance coverage for loss or damage to
its equipment, the City Equipment, and/or other personal property at their discretion and
expense.
6. Storage of Inventory and Supplies. The Salina Optimist Club agrees that
all equipment, supplies (including ice), and inventory necessary for the concession
operation shall be properly stored inside the Concession Stand.
7. Loss of Inventory or Money. The City shall not be responsible for any loss
of inventory or money suffered by Salina Optimist Club in the course of conducting the
concession operation.
8. Lawful Operation. The Salina Optimist Club shall conduct the concession
operation in compliance with all state and local laws and permit or license requirements.
The Salina Optimist Club shall be solely responsible for obtaining any permits or
licenses required to lawfully conduct the concession operation.
9. Sanitation. The Salina Optimist Club shall keep all fixtures, equipment,
and personal property, whether owned by the City or Salina Optimist Club, and the
entire Concession Stand in a clean, sanitary, and orderly condition at all times and
conduct the concession operation strictly in accordance with the requirements of the
Salina-Saline County Health Department. All janitorial services necessary in the
Concession Stand shall be the responsibility of Salina Optimist Club. The City shall
dispose of trash collected by Salina Optimist Club from the Concession Stand and
deposited in sealed containers in locations designated by the City.
10. Time of Operation and Related Duties. The Salina Optimist Club shall
operate the Concession Stand from 1/2 hour prior to the scheduled start time of the Ist
game until conclusion of the last game.
11. Staffing. The Salina Optimist Club shall staff the Concession Stand with
trained personnel in sufficient number to adequately handle the concession needs of
those in attendance at any given game. Salina Optimist Club employees or volunteers
staffing the concession operation shall not for any purposes be regarded as the agents
or employees of the City.
12. Access. The parties acknowledge that access to certain equipment that is
a part of the mechanical system for the entire Complex can only be obtained through
the Concession Stand. The Salina Optimist Club also agrees that the City's employees
or authorized representatives shall have reasonable access to the Complex.mechanical
systems at all times.
13. Sale of City Clothing Items. The Salina Optimist Club agrees that upon
the request of the City it shall sell in the Concession Stand the City's inventory of
baseball shirts or other clothing items designated by the City. For selling the City's
clothing items, The Salina Optimist Club shall be paid a predetermined percentage of
the sale pdce of each clothing item sold.
14. Sales Tax. The Salina Optimist Club shall be solely responsible for the
collection and payment of state and local sales taxes to be paid on merchandise sold in
the concession operation.
15. Indemnification. The Salina Optimist Club agrees to indemnify and hold
the City harmless for any claim, damages, loss, judgment, penalty, expense, or cost
(including attorney's fees and any other cost of defense) arising out of their concession
operation under this Agreement.
16. Public Liability Insurance. The Salina Optimist Club agrees to carry public
liability insurance coverage in an amount no less than the maximum exposure to the
City under the Kansas Tort Claims Act, as it is now in effect or as it may be amended
during the term of this Agreement (currently $500,000). The Salina Optimist Club shall
provide the City with written proof of current coverage from the insurance company.
The policy shall contain a provision requiring that the City be given at least (10) days
written notice by the insurance company before the policy is substantially changed or
canceled.
17. Worker's Compensation Insurance. The Salina OptimiSt Club agrees to
carry worker's compensation coverage for their personnel working in the concession
operation at the Complex. The Salina Optimist Club shall provide the City with written
proof of current coverage from the insurance company. The policy shall contain a
provision requiring that the City be given at least (10) days written notice by the
insurance company before the policy is substantially changed or canceled.
18. Default. In the event either party fails to perform any of the promises and
covenants under this Agreement, the non-defaulting party shall give written notice of the
default to the other party specifying the nature of the default. If such default remains
uncured for ten (10) days after delivery of the notice specifying the nature of the default,
this Agreement shall terminate at the sole option of the non-defaulting party. In the
event of termination based upon default of the Salina Optimist Club, the Salina Optimist
Club shall immediately discontinue operations and shall be required to immediately
remove all of their equipment, inventory, and supplies from the Concession Stand.
19. Term. Subject to the default provisions above, this Agreement shall be for
a primary term of essentially one (1) year covering the 2002 baseball/softball season,
and shall self-renew annually unless either party gives written notice of termination no
later than January 1 to be effective the following February 1 of any year following the
primary term. Upon termination of this Agreement, the Salina Optimist Club agrees that
they will remove all equipment, supplies, and inventory from the Concession Stand
between the January 1 notice date and the February 1 termination date.
20. Relationship of the Parties. The relationship between the parties shall be
strictly that of the City as owner of the Complex and the Salina Optimist Club as a
contractor for concession services. Under no circumstances shall the Salina Optimist
Club be regarded as an agent of the City, specifically with regard to the incurring of any
expense or obligation in conjunction with performance of the Salina Optimist Club's
responsibilities under this Agreement.
21. Assignment. The City's willingness to enter this Agreement and the public
interest served thereby is unique to the Salina Optimist Club; therefore, this Agreement
is non-assignable by the Salina Optimist Club.
22. Contract Administration. The City Manager or his designee shall be
responsible for all aspects of the administration and interpretation of this Agreement on
behalf of the City.
23. Written Notices. All written notices, as provided herein, shall be delivered
by certified mail, return receipt requested, mailed as follows:
City:
City of Salina
Office of the City Clerk
City-County Building
300 W Ash
Salina, KS 67401
Salina Optimist Club:
Del Herbel
2125 Edwards
Salina, KS 67401
24. Binding Effect. This agreement shall be binding upon the parties and their
members and successors.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
ATTEST:
Lieu Ann Nicola, City Clerk
CITY OF SALINA, KANSAS
By: ~
' Klstin S'~atO/np ayor
' Saiina Ol~t~mist'Club
Del Herbel
2125 Edwards
Salina, KS 67401