1997 Bill Burke Concessions Agreement
BILL BURKE MEMORIAL PARK
CONCESSIONS AGREEMENT
This Agreement is entered into this ~o day of April, 1997, by and between the
CITY OF SALINA, KANSAS (the "City") and the SALINA HIGH SCHOOL SOUTH VOCAL
MUSIC BOOSTER CLUB (the "Booster Club").
Recitals
A. The City owns and operates a baseball/softball complex known as Bill Burke
Memorial Park (the "Complex") which includes a structure 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. The Booster Club has offered to operate the concession operation for all
games played at the Complex.
D. The City believes that contracting with the Booster Club 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 the Booster Club the right
to occupy the Concession Stand for the purpose of selling concessions from the Concession
Stand and within the confines of the Complex. The Booster Club accepts that right from the
City and agrees that it shall sell concessions at all baseball/softball games scheduled by the
City for play at the Complex, except in those cases where a tournament sponsor elects to
provide concessions for its tournament and from facilities other than the Concession Stand.
In those cases: (a) the City shall notify the Booster Club that the tournament sponsor will
be providing concessions, (b) the City shall pay to the Booster Club the $250 per weekend
fee payable by the tournament sponsor electing to provide its own concessions, and (c) the
tournament sponsor electing to provide its own concessions shall not have access to the
Concession Stand.
2. Compensation. The Booster Club shall pay to the City for the right to sell
concessions at the Complex the sum of $2,500 per year, payable in equal installments of
$1,250 each on July 1 and August 15 of each year during which this Agreement remains in
effect.
3. Food and Beverage. The Booster Club 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 the Booster Club 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
f. frier/oven
The Booster Club agrees to lease the City Equipment from the City for rent of $400 per year,
payable in equal installments of $200 each on July 1 and August 15 each year during which
this Agreement remains in effect. The City and the Booster Club acknowledge that as of
the commencement of this Agreement, the City Equipment is in good working order.
5. Equipment. Supplies and Inventory. The Booster Club shall be responsible
for the cost and all aspects of properly equipping, supplying, and stocking the Concession
Stand. The Booster Club shall maintain its 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 the Booster Club for
use in the concession operation shall remain the property of the Booster Club. The Booster
Club 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 the Booster Club for use in the
concession operation, including the City Equipment (except for reasonable wear and tear)
The Booster Club may obtain insurance coverage for loss or damage to its equipment, the
City Equipment, and/or other personal property at its discretion and expense.
6. Storage of Inventory and Supplies. The Booster Club 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 the Booster Club in the course of conducting the concession
operation.
8. Lawful Operation. The Booster Club shall conduct the concession operation
in compliance with all state and local laws and permit or license requirements. The Booster
Club shall be solely responsible for obtaining any permits or licenses required to lawfully
conduct the concession operation.
9. Sanitation. The Booster Club shall keep all fixtures, equipment, and personal
property, whether owned by the City or the Booster Club, and the entire Concession Stand
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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 the
Booster Club. The City shall dispose of trash collected by the Booster Club from the
Concession Stand and deposited in sealed containers in locations designated by the City.
10. Time of Operation and Related Duties. The Booster Club shall operate the
Concession Stand from V2 hour prior to the scheduled start time of the 1 st game until
conclusion of the last game.
11. Staffing. The Booster Club 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. The Booster Club 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. The Booster Club 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. The Booster Club 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, the Booster Club
shall be paid a predetermined percentage of the sale price of each clothing item sold.
14. Sales Tax. The Booster Club 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. The Booster Club 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. The Booster Club 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). The Booster Club 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. The Booster Club agrees to carry worker's
compensation coverage for its personnel working in the concession operation at the
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Complex. The Booster Club 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 the Booster Club, the Booster Club shall immediately
discontinue operations and shall be required to immediately remove all of its 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, the Booster Club agrees that it 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 the Booster Club as a contractor for
concession services. Under no circumstances shall the Booster Club be regarded as an
agent of the City, specifically with regard to the incurring of any expense or obligation in
conjunction with performance of the Booster Club's responsibilities under this Agreement.
21. Assignment. The City's willingness to enter this Agreement and the public
interest served thereby is unique to the Booster Club; therefore, this Agreement is
nonassignable by the Booster Club.
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
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Booster Club:
Salina High School South Vocal Music Booster Club
730 E. Magnolia
Salina, KS 67401
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: ~Jr.---
ATTEST:
"City"
Salina High School South
Vocal Music Booster Club
By: Edd(!ic~e1 ;: A44;Y
Director of Vocal Music
Salina High School South
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