ECRA Concessions (2011)J
EAST CRAWFORD RECREATION AREA
CONCESSIONS AGREEMENT
a Jull
This Agreement is entered into this I day of tuM 2011, by and between the
CITY OF SALINA, KANSAS (the "City ") and Ray Ray's LLC.
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 and a structure adjacent to Dean Evans Stadium (the "Stadium ")
both of which are designed for the sale of concessions to the general public attending
events at the Complex (the "Concession Stands ").
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. Ray Ray's LLC has offered to operate the concession operation for all
baseball /softball games played at the Complex.
D. The City believes that contracting with Rav Ray's LLC 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 Stadium.
IN CONSIDERATION of the mutual covenants and promises outlined herein, the parties
agree as follows:
1. Right to Occupy and Operate. The City grants to Ray Ray's LLC the
right to occupy the Concession Stands for the purpose of selling concessions from the
Concession Stands and within the confines of the Complex. Ray Ray's LLC 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.
2. Compensation. Ray Ray's LLC shall pay to the City for the right to sell
concessions at the Complex the sum of $1,500 per year, payable in equal installments
of $750 each on July 1 and August 1 of each year during which this Agreement remains
in effect.
3. Food and Beverage: Ray Ray's LLC 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 Ray Ray's LLC shall be conspicuously posted at the Concession
Stands and shall be subject to prior approval by the City. Ray Ray's LLC agrees that
they shall abide by the City's contractual obligation that the only soft drinks to be sold at
the Complex will be those provided by Coca -Cola Bottling Company of Mid America.
4. Equipment, Supplies, and Inventory. Ray Ray's LLC shall be
responsible for the cost and all aspects of properly equipping, supplying, and stocking
the Concession Stands. Ray Ray's LLC shall maintain all equipment in good working
order and shall not damage City property in either the installation or removal of any
equipment. Any equipment, supplies, and inventory purchased by Ray Ray's LLC for
use in the concession operation shall remain the property of Ray Ray's LLC. Ray Ray's
LLC 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 Ray Ray's LLC for use in the
concession operation. Ray Ray's LLC may obtain insurance coverage for loss or
damage to its equipment and other personal property at its discretion and expense.
5. Storage of Inventory and Supplies. Rav Ray's LLC agrees that all
equipment, supplies (including ice), and inventory necessary for the concession
operation shall be properly stored inside the Concession Stands.
6. Loss of Inventory or Money. The City shall not be responsible for any
loss of inventory or money suffered by Ray Ray's LLC in the course of conducting the
concession business.
7. Lawful Operation. Ray Ray's LLC shall conduct the concession
operation in compliance with all state and local laws and permit or license requirements.
Ray Ray's LLC shall be solely responsible for obtaining any permits or licenses required
to lawfully conduct the concession operation.
8. Sanitation. Ray Ray's LLC shall keep all fixtures, equipment, and
personal property, whether owned by the City or Ray Ray's LLC, and the entire
Concession Stands 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
Stands shall be the responsibility of Ray Ray's LLC. The City shall dispose of trash
collected by Rav Ray's LLC from the Concession Stands and deposited in sealed
containers in locations designated by the City.
9. Time of Operation and Related Duties. Ray Ray's LLC shall operate
the Concession Stands from one hour prior to the scheduled start time of
a game until one -half hour after the game ends.
During the pre -game time of operation, Ray Ray's LLC shall:
a. unlock the access gates;
b. unlock the field gates;
c. unlock the press box; and
d. turn on lights (if necessary).
i
Following the post -game time of operation, Ray Ray's LLC shall:
a. secure the press box;
b. secure the field gates;
c. turn off lights; and
d. secure access gates.
10. Staffing. Ray Ray's LLC shall staff the Concession Stands with trained
personnel in sufficient number to adequately handle the concession needs of those in
attendance at any given game. Ray Ray's LLC employees or volunteers staffing the
operation shall not for any purposes be regarded as the agents or employees of the
City.
11. Access. The parties acknowledge that access to the ticket booth and
certain equipment that is a part of the mechanical system for the entire Stadium can
only be obtained through the Concession Stands. Ray Ray's LLC agrees that
authorized persons representing the sponsors of events at the Stadium shall have
reasonable access to the ticket booth at all times. Ray Ray's LLC also agrees that the
City's employees or authorized representatives shall have reasonable access to the
Stadium mechanical systems at all times.
12. Utilities. Due to the integrated nature of the utility service at the Complex,
Ray Ray's LLC will not be separately charged for any utilities consumed in the
concession operation. With the approval of the City and at Ray Ray's LLC expense,
Ray Ray's LLC may obtain additional or modified utility service. Any additions or
modification to the utility service shall be regarded as a permanent installation and shall
remain in place upon the termination of this Agreement.
13. Sale of City Clothing Items. Ray Rav's LLC agrees that upon the
request of the City it shall sell in the Concession Stands the City's inventory of
baseball /softball shirts or other clothing items designated by the City. For selling the
City's clothing items, Ray Ray's LLC shall be paid a predetermined percentage of the
sale price of each clothing item sold.
14. Sales Tax. Rav Ray's LLC 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. Ray Ray's LLC 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 its concession operation
under this Agreement.
16. Insurance. Ray Ray's LLC agrees to carry Commercial General Liability
insurance coverage in an amount no less than $500,000 per occurrence; Commercial
Automobile Liability insurance in an amount no less than $500,000 combined single limit
per occurrence applicable to all owned, non -owned and hired autos; and Statutory
Workers' Compensation.
17. Certificate of Insurance. Certificate(s) of Insurance acceptable to the
City shall be filed with the City at the time this Agreement is executed. Ray Ray's LLC
or its insurance representative shall provide for at least thirty (30) days prior written
notice of cancellation or any changes of insurers to the City. Certificate Holder should
be shown as listed below:
City of Salina
Attm Risk Management
P.O. Box 736
300 W. Ash, Room 202
Salina, KS 67402 -0736
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 Ray Ray's LLC, Ray Ray's LLC shall
immediately discontinue operations and shall be required to immediately remove all of
its equipment, inventory, and supplies from the Concession Stands.
19. Term. Subject to the default provisions above, this Agreement shall be for
a primary term of essentially one (1) year covering the 2011 baseball /softball season,
and shall self -renew annually unless either party gives written notice of termination no
later than November 1 to be effective the following February 1 of any year following the
primary term. Upon termination of this Agreement, Rav Ray's LLC agrees that they will
remove all equipment, supplies, and inventory from the Concession Stands between the
November 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 Ray Ray's LLC as a contractor for
concession services. Under no circumstances shall Ray Ray's LLC be regarded as an
agent of the City, specifically with regard to the incurring of any expense or obligation in
conjunction with performance of Rav Ray's LLC responsibilities under this Agreement.
21. Assignment. The City's willingness to enter this Agreement and the
public interest served thereby is unique to Ray Ray's LLC; therefore, this Agreement is
non - assignable by Ray Ray's LLC.
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
Ray Ray's LLC: Raymond Gawith
915 McAdams Rd.
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:
Y�tA.+L41-�
Lieu Ann Elsey, City Clerk
CITY OF SALINA, KANSAS
By: ,A�
ason A. Gag , Cii Manager
Ray Ray's LLC
By: ,J Ac44� POP
Ray Ray's LLC
Raymond Gawith
915 McAdams Rd.
Salina, KS 67401
UENERAL POWER ON A1°FORNEY
PREAMBLE: This is a military Power of Attomey prepared pursuant to Title 10, United States Code, Section 1044b, and executed by
a person authorized to receive legal assistance from the military service. Federal law exempts this power of attomey from any
requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of
Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be
given the same legal effect as a power of attomey prepared and executed in accordance with the laws of the jurisdiction where it is
presented. li
KNOW ALL PERSONS BY THESE PRESENTS:
That 1, G , w, `7ir 12 c y y o rt -4 2 owi residin in the State of
it a + fq 1 do hereby appoint -7 ev . a A 12ar- A n t- t! c, w; J-7Il
residing in JCc my true and lawful attomey -in -fact to manage and
conduct all my affairs and act in all matters in my name and in my behalf. Such acts shall include:
1. To lease, sell, use, establish title to, register, insure, transfer, mortgage, maintain, manage, pledge,
exchange or otherwise dispose of or encumber any and all of my property, real, personal, or mixed, including motor
vehicles of any kind, and to execute and deliver good and sufficient deeds or other instruments for the lease,
conveyance, mortgage, maintenance, or transfer of the same.
2. To buy, receive, lease, accept or otherwise acquire in my name and for my account, property, real,
personal or mixed upon such terms, considerations and conditions as my said attorney -in -fact shall deem
appropriate.
3. To transact all business of mine on my behalf including entering into contracts and the making of such
investments as my attorney shall deem sound.
4. To institute and prosecute, or to appear and defend, any claims or litigation involving me or my interest.
This shall include, but not be limited to, the authority to present a claim against the United States for damage to or
loss of personal property.
5. To prepare, execute, and file all tax returns and to receive and negotiate all tax refund checks.
6. To demand, act to receive, and receive, all sums of money which are now or will become owing or
belonging to me, and to institute accounts on my behalf and to deposit, draw upon or expend such funds of mine as
are necessary in furtherance of the powers granted herein. This shall include, but not be limited to, the authority to,
receive, endorse, cash, or deposit negotiable instruments made payable to me and drawn upon the Treasurer, or other
fiscal officer or depository of the United States or any state, possession, or territory of the United States,
The above described powers are merely examples of the authority granted by this document and not in
lirr tation or definition thereof However, my Agent shall have no rights or powers hereunder with respect to the
following:
a. Life Insurance: My Attorney shall have no rights or powers hereunder to cancel or change the
beneficiary of any policy of life insurance owned by me.
.b. Fiduciary Powers: My Attorney shall have no rights or powers hereunder with respect to any act,
power, duty, right or obligation, relating to any person, matter, transaction or property, owned by me or in my
custody as a trustee, custodian, personal representative or other fiduciary capacity for someone else.
1 HEREBY GIVE AND GRANT UNTO MY ATTORNEY FULL POWER AND AUTHORITY TO DO AND
PERFORM EACH AND EVERY ACT AND MATTER CONCERNING MY ESTATE, PROPERTY, AND
AFFAIRS AS FULLY AND EFFECTUALLY TO ALL INTENTS AND PURPOSES AS I COULD DO
LEGALLY IF I WERE PRESENT.
General Durable Power of Attorney
Page I of 2
CERTIFICATE OF INSURANCE
This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
< ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
t ❑ STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder
Address of policyholder
Location of operations
Description of operations
RAY RAY'S LLC
DBA TAUSHA'S LITTLE RED BARN
201 NW 2ND ST
ABILENF. RE
Dean Evans
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject
to all the terms, exclusions, and conditions of those policies. The limits of Ifabifity shown may have been reduced by nnv nnid
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
LIMITS OF LIABILITY
Effective Date Expiration Date
(at beginning of policy period)
Comprehensive
BODILY INJURY AND
91- BA- Y640 -9
---
Business Liability 0 3/05 / 2009 03/05/2012___
PROPERTY DAMAGE
This insurance includes:
__
®Products - Completed Operations
❑ Contractual Liability
Each Occurrence $ 2000000
❑ Personal Injury
❑ Advertising Injury
General Aggregate $ 4000000
❑
Products - Completed $ 4000000
❑
Operations Aggregate
EXCESS LIABILITY
POLICY PERIOD
BODILY INJURY AND PROPERTY DAMAGE
Effective Date Expiration Date
p'
(Combined Single Limit)
❑ Umbrella
Each Occurrence $
❑ Other
Aggregate $
POLICY PERIOD
Part I - Workers Compensation - Statutory
Effective Date ! Expiration Date
Workers' Compensation
Part II - Employers Liability
and Employers Liability
Each Accident $
Disease - Each Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Expiration Date
LIMITS OF LIABILITY
(at beginning of policy period)
081 5133 - COS -16
Automobile
03/05/09 09/05/2011
250 /500 /250
� •.crc I lrl .A r C Ur rNJUKANCt fb NUT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
City of Salina
Attn: Risk Management
P.O. Box 736
300 W Ash Street
Salina, KS 67401
558 -994 a.6 Pnnted in U.S.A. Rev. 05 -09 -2006
If any of the described policies are canceled before
their expiration date, State Farm will try to mail a
written notice to the certificate holder 30 days before
cancellation. If however, we fail to mail such notice,
no obligation or liability will be imposed on State Farm
orits/ agents orrepresenta ves.
A .i i $ U h
Signature of Authorized Representative
Office Reoresentativ 06/24/2011
Title Date
Agent Name
Telephone Number 785- 827 -9991
Agent's Code Stamp
Agent Code 16 -1663
AFO Code F812
ckc. V;, ; la D- d l l
Customer name:RAYMOND L GAWITH
Address: 236 S 11TH ST
SALINA, KS 67401 -3820
Policy: 081 5133- C05 -16A
Status: PAID ON SFPP
Coverage Details
Company: SF Mutual
Servicing Agent: DAUANE BRIGGS
Eff date: 03 -05 -2011 to 09 -05 -2011
Description: 2004 DODGE RAM 2500 PICKUP
VIN: 3D7KU28C44G248041
SFPP #:1049832126
Code
Description
Amount
A
P6 Combined Premium
143.55
Body Style:
A Liability Coverage
VIN:
3D7KU28C44G248041
Bodily Injury Limits
Each Person, Each Accident
$250,000 $500,000
Property Damage Limit
Each Accident
$250,000
P6 Personal Injury Protection Coverage
(See Policy Schedule for Limits.)
D
Comprehensive Coverage - $100 Deductible
103.31
G
Collision Coverage - $250 Deductible
87.17
H
Emergency Road Service Coverage
2.60
U
Uninsured Motor Vehicle Coverage
21.82
Bodily Injury Limits
Each Person, Each Accident
$250,000 $500,000
Total: 358.45
Vehicle-Details
Year:
2004
Make:
DODGE
Model:
RAM 2500
Body Style:
PICKUP
VIN:
3D7KU28C44G248041
MSRP base: 0.00
MSRP additional equip: 0.00
Odometer Information
Odometer reading: 67,905
Odometer date: 03 -2009
The information on this document is presented for general informational
purposes only and is not intended to serve as a declaration page or policy.
State Farm Mutual Automobile Insurance Company, Bloomington, Illinois