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2000 ECRA Concession Agr DEAN EVANS STADIUM CONCESSIONS AGREEMENT This Agreement is entered into this 6th day of March 2000, by and between the CITY OF SALINA, KANSAS (the "City") and Daniel Jones. 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. Daniel Jones has offered to operate the concession operation for all games played at the Stadium. D. The City believes that contracting with Daniel Jones for the concession operation at the Stadium is in the best interest of the City, the sponsors of baseball programs that 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 agrees as follows: 1. Right to OccuPY and Operate. The City grants to Daniel Jones the right to occupy the Concession Stand for the purpose of selling concessions from the Concession Stand and within the confines of the Stadium. Mr. Jones accepts that right from the City and agrees that it shall sell concessions at all baseball games scheduled by the City for play at the Stadium. 2. Compensation. Daniel Jones 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 Beverage. Daniel Jones 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 Daniel Jones shall be conspicuously posted at the Concession Stand and shall be subject to prior approval by the City. Mr. Jones agrees that he shall abide by the City's contractual obligation that the only soft drinks to be sold at the Stadium will be those provided by Pepsi Cola Bottling Company. 4. Equipment. Supplies. and Inventory. Daniel Jones shall be responsible for the cost and all aspects of properly equipping, supplying, and stocking the Concession Stand. Mr. Jones 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 Daniel Jones for use in the concession operation shall remain the property of Mr. Jones. Daniel Jones 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 Mr. Jones for use in the concession operation. Daniel Jones may obtain insurance coverage for loss or damage to his equipment and other personal property at his discretion and expense. 5. Storage of Inventory and Supplies. Daniel Jones 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 Daniel Jones in the course of conducting the concession business. 7. Lawful Operation. Daniel Jones shall conduct the concession operation in compliance with all state and local laws and permit or license requirements. Daniel Jones shall be solely responsible for obtaining any permits or licenses required to lawfully conduct the concession operation. 8. Sanitation. Daniel Jones shall keep all fixtures, equipment, and personal property, whether owned by the City or Daniel Jones, 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 Daniel Jones. The City shall dispose of trash collected by Daniel Jones from the Concession Stand and deposited in sealed containers in locations designated by the City. 9. Time of Operation and Related Duties. Daniel Jones 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, Daniel Jones 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, Daniel Jones shall: Following the post-game time of operation, Daniel Jones shall: a. secure the press box; b. secure the field gates; c. turn off lights; and d. secure access gates. 10. Staffinq. Daniel Jones 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. Daniel Jones's 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. Daniel Jones agrees that authorized persons representing the sponsors of events at the Stadium shall have reasonable access to the ticket booth at all times. Daniel Jones 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, Daniel Jones will not be separately charged for any utilities consumed in the concession operation. With the approval of the City and at Daniel Jones's expense, Daniel Jones 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. Daniel Jones agrees that upon the request of the City he 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, Daniel Jones shall be paid a predetermined percentage of the sale price of each clothing item sold. 14. Sales Tax. Daniel Jones 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. Daniel Jones 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. Public Liability Insurance. Daniel Jones 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, as it is now in effect or as it may be amended during the term of this Agreement (currently $500,000). Daniel Jones 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. Daniel Jones agrees to carry worker's compensation coverage for its personnel working in the concession operation at the Stadium. Daniel Jones 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 Daniel Jones, Daniel Jones shall immediately discontinue operations and shall be required to immediately remove all of his 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 2000 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 primary term. Upon termination of this Agreement, Daniel Jones agrees that he 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 Stadium and Daniel Jones as a contractor for concession services. Under no circumstances shall Daniel Jones be regarded as an agent of the City, specifically with regard to the incurring of any expense or obligation in conjunction with performance of Daniel Jones responsibilities under this Agreement. 21. Assignment. The City's willingness to enter this Agreement and the public interest served thereby is unique to Daniel Jones; therefore, this Agreement is non- assignable by Daniel Jones. 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 Daniel Jones: Daniel Jones 2736 Bret Ave. 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: