Loading...
Agr ECRA Concession EAST CRAWFORD RECREATION AREA CONCESSIONS AGREEMENT This Agreement is entered into this '1ß day of April 2003, by and between the CITY OF SALINA, KANSAS (the "City") and PATDAN, Inc. , Recitals A. The City owns and operates a baseball/softball complex known as East Crawford Recreation Area (the "Complex") which includes a structure adjacent to Diamonds #1 & #2 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. PATDAN, Inc. has offered to operate the concession operation for all games played at the Complex. D. The City believes that contracting with PATDAN, Inc. 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. RiQht to OCCUpy and Operate. The City grants to PATDAN, Inc. the right to occupy the Concession Stand for the purpose of selling concessions from the Concession Stand and within the confines of the Complex. PATDAN, Inc. accepts that right from the City and agrees that she shall sell concessions at all baseball/softball games scheduled by the City for play at the Complex. 2. Compensation. PATDAN, Inc. shall pay to the City for the right to sell concessions at the Complex the sum of $600 per year, payable in equal installments of $300 each on July 1 and August 15 of each year during which this Agreement remains in effect. . 3. Food and Beveraqe. PATDAN, Inc. 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 PATDAN, Inc. shall be conspicuously posted at the Concession Stand and shall be subject to prior approval by the City. Ms Lewick, doing business as PATDAN, Inc. agrees that she will abide by the City's contractional obligation that the only soft drink to be sold at the complex will be those provided by and from the Coca-Cola Bottling Co. of Mid America. 4. Equipment Lease. The Concession Stand is currently equipped with the following equipment owned by the City (the "City Equipment"): a. refrigerator b. ice machine c. hot dog machine d. nacho machine e. popcorn machine PATDAN, Inc. agrees to lease the City Equipment from the City for rent of $300 per year, payable in equal installments of $150 each on July 1 and August 15 each year during which this Agreement remains in effect. The City and PATDAN, Inc. acknowledge that as of the commencement of this Agreement, the city Equipment is in good working order. 5. Equipment, Supplies, and Inventory. PATDAN, Inc. shall be responsible for the cost and all aspects of properly equipping, supplying, and stocking the Concession Stand. PATDAN, Inc. shall maintain all 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 PATDAN, Inc. for use in the concession operation shall remain the property of PATDAN, Inc.. PATDAN, Inc. and not the City shall be responsible for any risk or property loss or damage to equipment or other personal property owned or leased by PATDAN, Inc. for use in the concession operation, including the City Equipment (except for reasonable wear and tear). PATDAN, Inc. may obtain insurance coverage for loss or damage to the equipment, the City Equipment, and/or other personal property at her discretion and expense. 6. Storaqe of Inventory and Supplies. PATDAN, Inc. 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 PATDAN, Inc. in the course of conducting the concession operation. 8. Lawful Operation. PATDAN, Inc. shall conduct the concession operation in compliance with all state and local laws and permit or license requirements. PATDAN, Inc. shall be solely responsible for obtaining any permits or licenses required to lawfully conduct the concession operation. 9. Sanitation. PATDAN, Inc. shall keep all fixtures, equipment, and personal property, whether owned by the City or PATDAN, Inc., 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 PATDAN, Inc.. The City shall dispose of trash collected by PATDAN, Inc. from the Concession Stand and deposited in sealed containers in locations designated by the City. 10. Time of Operation and Related Duties. PATDAN, Inc. shall operate the Concession Stand from 1/2 hour prior to the scheduled start time of the 1 st game until conclusion of the last game. 11. StaffinQ. PATDAN, Inc. 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. PATDAN, Inc.'s 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. PATDAN, Inc. 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 Clothinq Items. PATDAN, Inc. agrees that upon the request. of the City she shall sell in the Concession Stand the City's inventory of baseball/softball shirts or other clothing items designated by the City. For selling the City's clothing items, PATDAN, Inc. shall be paid a predetermined percentage of the sale price of each clothing item sold. 14. Sales Tax. PATDAN, Inc. 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. PATDAN, Inc. 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 her concession operation under this Agreement. 16. Public Liability Insurance. PA TDAN, Inc. 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). PATDAN, Inc. 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. PATDAN, Inc. agrees to carry worker's compensation coverage for her personnel working in the concession operation at the Complex. PATDAN, Inc. 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 PATDAN, Inc., PATDAN, Inc. shall immediately discontinue operations and shall be required to immediately remove all of her 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 2003 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, PATDAN, Inc. agrees that she 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 the City as owner of the Complex and PATDAN, Inc. as a contractor for concession services. Under no circumstances shall PATDAN, Inc. be regarded as an agent of the City, specifically with regard to the incurring of any expense or obligation in conjunction with performance of PATDAN, Inc.'s responsibilities under this Agreement. 21. Assiqnment. The City's willingness to enter this Agreement and the public interest served thereby is unique to PATDAN, Inc.; therefore, this Agreement is non- assignable by PATDAN, Inc.. 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: Pat Lewick: City of Salina Office of the City Clerk City-County Building 300 WAsh Salina, KS 67401 PATDAN, Inc. 3286 N. Old 81 Hwy Salina, KS 67401 24. Bindinq 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: ~~lluA1;;J Lieu Ann Nicola, City Clerk CITY OF SALINA, KANSAS By: PATDAN, Inc. By: /J(~lU, , i2~;eb Pat Lewick, Pres(dent 3286 N. Old 81 Hwy Salina, KS 67401