Amendment to Concessions AgreementAMENDMENT TO
CONCESSIONS MANAGEMENT AGREEMENT
This Amendment to Concessions Management Agreement ( "Amendment ") is made and
entered into this 25" day of February, 2013, by the CITY OF SALINA, KANSAS, ( "City ") and
HUNGRY CATS, INC., a Kansas corporation, ( "Hungry Cats ").
Recitals
A. The City and Hungry Cats are parties to a Concessions Management Agreement
dated April 26, 2010 ( "Agreement ") under which Hungry Cats agreed to provide food and beverage
concession services at the City's aquatic park known as "Kenwood Cove."
B. The parties desire to make certain modifications to the Agreement affecting the
compensation payable to the City, and the timing and,scope of services provided by Hungry Cats at
Kenwood Cove.,
FOR AND IN CONSIDERATION of the mutual "and' reciprocal promises and agreements
set forth herein, the parties agree as follows:
Section 1 — Amendment of Section 2. Section 2 of the Agreement is amended to read as
follows: -'
2. Compensation. ' Hungry Cats, Inc. shall pay to the City for the
right to conduct the Concession Operation at Kenwood Cove the sum of 24.5% of
the gross sales per calendar month from the Concession Operation for each month
of the Season, payable on or before the 10`n'of each following month (June 10`n
July 10`n, August ]0`n and September 10`n). If, however, the average daily
attendance at Kenwood Cove for the days of, operation during any calendar month
of the Season is greater than 1,900 persons per day, the percentage to be paid by
Hungry Cats, Inc. to the City will increase to 28.5% of gross sales for that
calendar month. Attendance numbers will be provided to Hungry Cats, Inc. by
the City on or before the third day of operation following the qualifying calendar
month. The parties acknowledge that the point -of -sale hardware and software
provided by the City will enable both parties to monitor and verify gross sales
from the Concession Operation.
Section 2 — Amendment of Section 9. Section 9 of the Agreement is amended to read as
follows:
9. Time of Operation and Related Duties. Hungry Cats, Inc. shall
conduct the Concession Operation during all times Kenwood Cove is open to the
general public and during special events at the direction of the City. On regular
days Kenwood Cove is open to the general public, Hungry Cats will commence
the Concession Operation from 15 minutes prior to the scheduled opening time to
one -half hour before the scheduled closing time. During weekend hours and/or
heavy use periods, Hungry Cats, Inc. will provide and staff a food /beverage cart
at an agreed upon location within the facility.
Section 3 — Amendment of Section 27. Section 27 of the Agreement is amended to read as
follows:
27. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13
of the Salina Code, Hungry Cats and its subcontractors, if any, agree that:
(1) Hungry Cats shall observe the provisions of the Kansas act against
discrimination and Chapter 13 of the Salina Code and in doing so
shall not discriminate against any person in the performance of
work under this Agreement because of race, sex, religion, age,
color, national origin, ancestry or disability;
(2) Hungry Cats shall include in all solicitations, or advertisements for
employees, the phrase "equal opportunity employer," or a similar
phrase to be approved by the city's human relations director;
(3) If Hungry Cats fails to comply with the manner in which Hungry
Cats reports to the Kansas human rights commission in accordance
with the provisions of K.S.A. 44 -1031 and amendments thereto,
Hungry Cats shall be deemed to have breached this Agreement and
it may be canceled, terminated or suspended, in whole or in part,
by the City;
(4) If the Hungry Cats is found guilty of a violation of Chapter 13 of
the Salina Code or the Kansas act against discrimination under a
decision or order of the Salina human relations commission or the
Kansas human rights commission which has become final, Hungry
Cats shall be deemed to have breached this Agreement and it may
be canceled, terminated or suspended, in whole or in part, by the
City;
(5) Hungry Cats shall not discriminate against any employee or
applicant for employment in the performance of this Agreement
because of race, sex, sexual orientation, gender identity, religion,
age, color, national origin, ancestry or disability; and
(6) Hungry Cats shall include similar provisions in any subcontract
under this Agreement.
PC
(b) The provisions of this section shall not apply to this Agreement if Hungry
Cats:
(1) Employs fewer than four employees during the term of this
Agreement; or
(2) Agreements with the City for cumulatively $5,000 or less during
the City's calendar fiscal year.
Section 4 — No Other Changes. Except as otherwise stated in this Amendment, the
Agreement, as amended herein, shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by their
duly authorized representatives on the day and year first above written.
ATTEST:
By.
Lieu Ann Elsey, CMC, ity Clerk
CIT
C
HUNGRYI'1 INC.
By: W
Brian Wise, President
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