Agr Dean Evans Concession
DEAN EVANS STADIUM
CONCESSIONS AGREEMENT
This Agreement is entered into this ,;/,,:;1 day of March 2004, by and between
the CITY OF SALINA, KANSAS (the "City") and the PATDAN, INC..
Recitals
A. The City owns and operates a baseball stadium known as Dean Evans
Stadium located in the East Crawford Recreation Area (the "Stadium") which includes a
structure designed for the sale of concessions to the general public attending events at
the Stadium (the "Concession Stand").
B. The City wishes to provide for the general public attending baseball
games at the Stadium, merchandise and services for the better accommodation,
convenience and welfare of the general public.
C. PA TDAN, Inc. has offered to operate the concession operation for all
games played at the Stadium.
D. The City believes that contracting with the PAT DAN , Inc. for the
concession operation at the Stadium is in the best interest of the City, the sponsors of
baseball programs which play at the Stadium, and the general public attending baseball
games at the Stadium.
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 Stadium. PATDAN, Inc. accepts that
right from the City and agrees that she shall sell concessions at all baseball ~ ames
scheduled by the City for play at the Stadium.
2. Compensation. PATDAN, Inc. shall pay to the City for the right to sell
concessions at the Stadium the sum of $2,500 per year, payable in equal installments of
$1,250 each on July 1 and August 1 of each year during which this Agreement remains
in effect.
3. Food and Beveraqe. PA TDAN, Inc. agrees to sell a complete line of food
and beverage items normally associated with a baseball stadium concession operation.
The type and price of any food, drink, or merchandise to be sold at the Stadium by
PATDAN, Inc. shall be conspicuously posted at the Concession Stand and shall be
subject to prior approval by the City. Pat Lewick, doing business as PATDAN, Inc.
agrees that she shall abide by the City's contractual obligation that the only soft drinks
to be sold at the Stadium will be those provided by Coca-Cola Bottling Company of Mid
America.
4. 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
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 of property loss or damage to
equipment or other personal property owned or leased by PATDAN, Inc. for use in the
concession operation. PATDAN, Inc. may obtain insurance coverage for loss or
damage to their equipment and other personal property at their discretion and expense.
5. 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.
6. 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 business.
7. 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.
8. 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.
9.
Time of Operation and Related Duties. PATDAN, Inc. shall operate the
Concession Stand 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, PAT DAN , Inc. shall:
a. unlock the access gates;
b. unlock the field gates;
c. unlock the press box; and
d. turn on lights (if necessary).
Following the post-game time of operation, PA TOAN, inc. shall:
a. secure the press box;
b. secure the field gates;
c. turn off lights; and
d. secure access gates.
10. Staffinq, PATOAN, 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. PATOAN, Inc. 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 Stand. PATOAN, Inc. agrees that authorized
persons representing the sponsors of events at the Stadium shall have reasonable
access to the ticket booth at all times. PATOAN, Inc. 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 Stadium,
PATOAN, Inc. will not be separately charged for any utilities consumed in the
concession operation. With the approval of the City and at PA TOAN, Inc. expense,
PATOAN, Inc. 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 Clothinq Items. PATOAN, Inc. 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,
PATOAN, Inc. shall be paid a predetermined percentage of the sale price of each
clothing item sold.
14. Sales Tax. PATOAN, 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. PATOAN, 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 their concession operation
under this Agreement.
16. Public Liability Insurance. PATOAN, 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 their personnel working in the concession
operation at the Stadium. 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
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 2004 baseball 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 plcimary
term. Upon termination of this Agreement, PATDAN, Inc. agrees that they will remove
all equipment, supplies, and inventory from the Concession Stand between tile 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 Stadium and PA TDAN, 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, lnc,; therefore, this Agreement is non-
assignable by PATDAN, Inc..
I
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 WAsh
Salina, KS 67401
PATDAN, Inc.:
Pat Lewick, President
3286 N. Old Hwy 81
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.
CITY OF SALINA, KANSAS
By:
ATTEST:
~
By:
PATDAN, INC.
, /
!(t;67& ({,'(I,Ii,
Pat LeWlck, President
3286 N. Old Hwy 81
Salina, KS 67401