1998 ECRA Concession
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EAST CRAWFORD RECREATION AREA
CONCESSIONS AGREEMENT
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This Agreement is entered into this / g day of May, 1998, by and between the
CITY OF SALINA, KANSAS (the "City") and Daniel Jones.
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
B~amonds #1 & #2 designed for the sale of concessions to the general public attenUlng
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. Daniel Jones has offered to operate the concession operation for all games
played at the Complex.
D. The City believes that contracting with Daniel Jones for the concession
operation at the Complex is in the best interest of the City, the sponsors of basebalVsoftball
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. 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 Complex. Mr. Jones accepts that right from the City
and agrees that he shall sell concessions at all baseball/softball games scheduled by the
City for play at the Complex.
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2. Compensation. Daniel Jones 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 Beverage. Daniel Jones agrees to sell a complete line of food and
beverage items normally associated with a basebalVsoftball complex concession operation.
The type and price of any food, drink, or merchandise to be sold at the Complex by Daniel
Jones shall be conspicuously posted at the Concession Stand and shall be subject to prior
approval by the City.
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
Daniel Jones 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 ~ear during
which this Agreement remains in effect. The City and Daniel Jones acknowledge that as
of the commencement of this Agreement, the City Equipment is in good working order.
5. Equipment. Supplies and Inventory. Daniel Jones shall be responsible for
the cost anJ all aspects of properly equipping, supplying, and stocking the Concession
Stand. Daniel Jones shall maintain his 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 Daniel Jones for use
in the concession operation shall remain the property of Daniel Jones. Mr. Jones 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 Daniel Jones for use in the concession operation,
including the City Equipment (except for reasonable wear and tear). Daniel Jones may
obtain insurance coverage for loss or damage to his equipment, the City Equipment, and/or
other personal property at his discretion and expense.
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6. 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.
7. 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
operation.
8. 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.
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9. 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.
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10. Time of Operation and Related Duties. Daniel Jones shall operate the
Concession Stand from % hour prior to the scheduled start time of the 1 st game until
conclusion of the last game.
11. Staffing. 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' employees or volunteers .$taffing the
concession operation shall not for any purposed 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. Daniel Jones 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 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 his 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 (currently $500,000). Daniel Jones shall provide the City with written
proof of current coverage from the insurance company. The policy stlatl'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 his personnel working in the concession operation at the
Complex. 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.
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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 1998 basebalVsoftball 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 of the City as owner of the Complex 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
nonassignable 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 West Ash
Salina, KS 67401
Daniel Jones:
2736 Bret Ave.
Salina, KS 67401
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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.
CITY OF SALINA, KANSAS
By: adz. q (~-d1
Peter F. Brungardt, ayor.
ATTEST:
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arbara R. Weber
Deputy City Clerk
l i~~~;o~f<--
2736 Bret
Salina, KS 67401
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