Res 094-89 6/20/1989RESOLUTION NO- _9'
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ROBERT L. HERRON TO PERMIT THE OPERATION OF
THE CONCESSION BUILDING IN WILLIAMS PARK JUNE 20-
NOVEMBER 30, 1989~
WHEREAS, it is deemed desirable to provide the users of
Williams Park food and drink concession service for betty
park enjoyment; and
WHEREAS, Robert L. Herron has proposed to operate the
facility; and
WHEREAS, earlier formal efforts of the City to select
bids failed to produce any bids; and
WHEREAS, Mr . Herron has offered to pay the City the
minimum bid of sixteen ( 16%) percent of gross sales'
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute a
contract with Robert L. Herron to provide food and drink
services from the concession builiding in Williams Park and
pay the City sixteen ( 16%) of gross sales. The term will
end 30 November 1989.
PASSED AND APPROVED this the 20th day of June 1969.
MAYOR
ATTEST:
Cit\/ Cle k
THE STATE OF TEXAS
COUNTY OF WICHITA
CONCESSION CONTRACT WITH
ROBERT L. HERRON AT WILLIAMS PARK
This agreement made and entered into by and between the City
of Wichita Falls, Texas, hereinafter called "City" , acting by and
through its City Manager, and Robert L. Herron, hereinafter
called "Concessionaire" , of 1630 Red Fox Street, Wichita Falls,
Texas,
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. City grants to Concessionaire the right to sell
commodities in Williams Park, a City park located at Williams and
Jackson Streets in Wichita Falls, for a term commencing June 20,
1989, and ending November 30, 1989.
2. Concessionaire shall pay to City in cash an amount
equal to sixteen ( 16%) percent of the gross sales made by
Concessionaire under this contract; such payments shall be made
each and every Monday for the previous week' s sales by
Concessionaire. The payments shall be made in the office of the
Department of Parks and Recreation in the Memorial Auditorium
building in Wichita Falls, Texas.
3 . Concessionaire will handle only first-class commodities
and will comply with all health and sanitation regulations of
both the State of Texas and the City of Wichita Falls, and all
items sold under this contract will meet with the approval of the
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4. The place where such commodities are sold will be kept
by Concessionaire in a sanitary condition at all times to the
satisfaction of the Director of the Wichita Health Unit.
5. All agents and employees of Concessionaire will be
neat, courteous and honest when dealing with the public in the
sale of said commodities.
6. Concessionaire shall not assign nor transfer the
concession rights granted by this contract, except upon written
approval of the Director of Parks and Recreation for City.
7. All equipment used directly or indirectly in the
maintenance and operation of such concession, as determined by
the Director of Parks and Recreation or his designee, shall at
all times remain within the concession building. No
refrigerators, freezers, ice machines, drink dispensing machines
or other equipment shall be placed outside the concession
building.
8. Should Concessionaire fail to make the payments due
hereunder to the City each Monday, the City shall have the right
immediately to terminate this contract and/or close the
concession operation until the proper amount is paid. Should
Concessionaire breach any of the other covenants contained
herein, and such breach is not corrected within five ( 5) days
after having been notified by City to do so, the City may
terminate this contract.
9. Concessionaire shall hold the City harmless from any
and all claims, suits, loss or damage for injury to persons or
property of any kind whatsoever growing out of or in any way
connected with the operation and maintenance of the concession or
in the exclusively occupied area of the Concessionaire.
Concessionaire shall provide City with a certificate of insurance
attesting to the ownership of a general liability insurance
policy, with City listed as an additional named insured,
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concession, to include comprehensive general liability insurance
in the amount of $1,000,000 C.S.L. , bodily injury and property
damage. In lieu of this coverage, standard storekeeper' s
liability policy with limit of $1,000,000 will be acceptable.
10. Concessionaire shall keep accurate and correct books on
the operation of this business, and such books will be open for
inspection by City or any person designated by it.
11. Concessionaire shall operate the concession covered
under this contract during all league and tournament games as
recorded on schedules provided by the Parks and Recreation
Department. If Concessionaire fails to so operate the
concession, and he does not have reasons justified to the City' s
Director of Parks and Recreation, this contract may be terminated
by City.
12 . Concessionaire shall, in case of fire, casualty or
other damage to the premises covered by this contract, arising
out of an act of neglect or carelessness in Concessionaire' s
operation or maintenance or acts of his employees, give immediate
notice in writing to City. Concessionaire shall thereupon cause
damage to be repaired forthwith, provided materials, supplies and
labor are reasonably available; if any portion of the premises is
rendered unfit for occupancy, the payments shall be apportioned
for the period of time required to make the repairs, according to
the part of the premises, if any, which remains useable by
Concessionaire. If the entire facility covered by this contract
shall be destroyed, then within thirty ( 30) days after the fire
or other casualty, either City or Concessionaire may cancel this
agreement by notice in writing to the other, effective as of the
date of the mailing of the written notice. If such destruction
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arises out of neglect or carelessness in Concessionaire' s
operation or maintenance or acts of his employees, the
Concessionaire shall cause the damage to be repaired forthwith.
EXECUTED this the day of June, 1989.
City of Wichita Falls
By:
James Berzina
City Manager
Robert L. Herron
Concessionaire
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney