ECRA Concession
EAST CRAWFORD RECREATION AREA
CONCESSIONS AGREEMENT
This Agreement is entered into this J1~ day of May, 1997, by and between the
CITY OF SALINA, KANSAS (the "City") and Vaughn Lambert.
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 designed for the sale of concessions to the general public attending
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. Vaughn Lambert has offered to operate the concession operation for all
games played at the Complex.
D. The City believes that contracting with Vaughn Lambert 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 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 Vaughn Lambert 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. Lambert 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.
2. Compensation. Vaughn Lambert 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. Vaughn Lambert 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 Vaughn Lambert 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
Vaughn Lambert 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 year during
which this Agreement remains in effect. The City and Vaughn Lambert acknowledge that
as of the commencement of this Agreement, the City Equipment is in good working order.
5. Equipment. Supplies and Inventory. Vaughn Lambert shall be responsible
for the cost and all aspects of properly equipping, supplying, and stocking the Concession
Stand. Vaughn Lambert 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 Vaughn Lambert
for use in the concession operation shall remain the property of Vaughn Lambert. Mr.
Lambert 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 Vaughn Lambert for use in the
concession operation, including the City Equipment (except for reasonable wear and tear).
Vaughn Lambert may obtain insurance coverage for loss or damage to his equipment, the
City Equipment, and/or other personal property at his discretion and expense.
6. Storage of Inventory and Supplies. Vaughn Lambert 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 Vaughn Lambert in the course of conducting the
concession operation.
8. Lawful Operation. Vaughn Lambert shall conduct the concession operation
in compliance with all state and local laws and permit or license requirements. Vaughn
Lambert shall be solely responsible for obtaining any permits or licenses required to
lawfully conduct the concession operation.
9. Sanitation. Vaughn Lambert shall keep all fixtures, equipment, and personal
property, whether owned by the City or Vaughn Lambert, 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 Vaughn Lambert. The City shall dispose of trash collected by Vaughn
Lambert 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. Vaughn Lambert shall operate the
Concession Stand from 1h hour prior to the scheduled start time of the 1 st game until
conclusion of the last game.
11. Staffing. Vaughn Lambert 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. Vaughn Lambert's employees or volunteers staffing 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. Vaughn Lambert 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. Vaughn Lambert 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, Vaughn
Lambert shall be paid a predetermined percentage of the sale price of each clothing item
sold.
14. Sales Tax. Vaughn Lambert 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. Vaughn Lambert 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. Vaughn Lambert 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). Vaughn Lambert 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. Vaughn Lambert agrees to carry
worker's compensation coverage for his personnel working in the concession operation at
the Complex. Vaughn Lambert 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 Vaughn Lambert, Vaughn Lambert 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 1997 baseball/softball 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, Vaughn Lambert 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 Vaughn Lambert as a contractor for
concession services. Under no circumstances shall Vaughn Lambert be regarded as an
agent of the City, specifically with regard to the incurring of any expense or obligation in
conjunction with performance of Vaughn Lambert's responsibilities under this Agreement.
21. Assignment. The City's willingness to enter this Agreement and the public
interest served thereby is unique to Vaughn Lambert; therefore, this Agreement is
nonassignable by Vaughn Lambert.
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
Vaughn Lambert: 669 Duvall
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:~
krstin M. seatf', Mayor
ATTEST:
"City"
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