Res 136-88 6/21/1988RESOLUTION NO.
RESOLUTION APPROVING CONTRACT FOR WATER
CRAFT RENTALS AT CERTAIN AREA PARKS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached
hereto, wherein the City grants to John Craig and
William Wiley an exclusive concession to rent paddle boats,
canoes and row boats at Jaycee Park, Lucy Park, City parks
at Lake Arrowhead, and at Plum Lake at the Softball Complex,
is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 21st day of June, 1988.
'::;a��ihr'771 �Ci ____
ATTEST:
~= onov (jot-
City Clerk
CONTRACT FOR WATER CRAFT RENTALS
This contract made and entered into this the 21st day of
June, 1988, by and between the City of Wichita Falls, hereinafter
called "City ", and John Craig and William Wiley, hereinafter
called "Concessionaires ",
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. City hereby grants to Concessionaires the exclusive
right to operate a rental service of paddle boats, canoes and
row boats at Jaycee Park, Lucy Park, Plum Lake at the Softball
Complex, at City -owned parks at Lake Arrowhead, Wood Park, and
other parks as authorized by the City Manager, in writing.
2. This concession shall be for term beginning with the
execution of this contract, and ending December 31, 1990.
On June 30, 3990 it shall be the option of the City to
extend this contract to December 31, 1992.
3. Although this is generally an exclusive contract, the
City shall have the right to allow others to rent water craft at
City- sponsored events.
4. Concessionaires shall operate the rental service during
months in which it is ,fudged to be cost effective to be in
operation. If there is a difference of opinion between
Concessionaires and City as to periods of operation, the judgment
of the City Manager shall be final. During those periods when in
operation, Concessionaires must maintain regular, consistent
hours of operation.
5. Concessionaires shall pay to City an amount equal to 10%
of the gross receipts from rentals under this contract. They
shall make these payments weekly to the Parks and Recreation
office in the Memorial Auditorium Building in Wichita Falls on
Tuesday of each week, and furnish cash register tapes /receipts.
Concessionaires must keep full and complete records of 'their
operations, and these: records shall be available and open for
audit by City or its agents at all reasonable times.
6. Concessionaires shall sell no food, drinks, goods or
merchandise without the written`consent of the City Manager. if
authorized to make such sales, Concessionaires shall pay to City
an amount equal to 16% of gross receipts from sales of food and
drinks, and 5% of sales of other goods and merchandise. These
payments shall be made to the City at the same time payments For
rentals are paid to the City.
7. Concessionaires shall abide by all City ordinances and
resolutions pertaining to the operation of this service. They
shall comply with all state and -Federal water craft, safety and
health regulations, and shall obtain all necessary licenses and
permits at their own expense.
S. Concessionaires shall operate the service in a safe,
sanitary and healthful manner; in particular, there shall be no
pollution of any lake or waterway. Concessionaires shall
maintain the grounds, provide trash containers and keep them
emptied in a legal manner, and pick up trash daily within a 100
(one hundred) foot radius of each of their rental facilities.
9. Concessionaires may provide a porta --john at each of
their facilities with approval by the Parks Director. if
approved, the units shall be maintained in a sanitary and
inoffensive condition by the Concessionaires.
10. Concessionaires shall use only safety constructed craft
with first class material, designed with safety as the top
priority. All water craft must be approved by the City's Parks
and Recreation Director before being used.
11. Before any docks, buildings or other structures are
constructed by Concessionaires, they must be approved by the
Director of Parks and Recreation. Such structures shall be
sturdily constructed, painted park colors, and maintained in top
safe condition by th -e Concessionaires. Any docks shall be
constructed sturdily in order to make ingress and egress of water
craft easy and safe, and shall be covered with a non -skid type
material. All water craft shall be maintained by Concessionaires
in a safe and operable condition.
12, No alcoholic beverages shall be permitted in the water
craft, and persons under the influence of alcohol shall not be
allowed to use the water craft.
13. Concessionaires shall furnish a Coast Guard approved
life vest for each person using the water craft; any child under
twelve years of age in the water craft shall be required to wear
a life vest.
14. Rental fees charged by Concessionaires shall not be
higher than fees charged for comparable operations in the area;
and generally determined by the local market demand, such fees
must be approved by the Parks and Recreation Director.
15. Employees of the Concessionaires must be mature
(preferably adults), friendly and personable to the public, and
present a clean and neat appearance. Adequate personnel shall be
available at each facility at all times that the facility is in
operation.
16. if Concessionaires desire electricity in their
facilities, they shall be responsible for the installation of
underground electricity at their own eXpense.
17. Concessionaires shall idemnify and hold harmless the
City, its officers, employees and agents, from all liability for
damages arising out of their operations under this contract.
18. Concessionaires shall provide general liability
insurance in the amount of one million dollars per occurrence for
bodily injury and one hundred thousand dollars per occurrence for
property damage. Such insurance policies shall name the City of
Wichita Falls as an additional insured, and the policies shall be
approved by the City's Risk Manager.
19. This contract may not be assigned, either in whole or in
part, by Concessionaires, without the written consent of the City
Manager.
20. At the termination of this contract, City may, at its
option, purchase any or all of the water craft at its fair market
value at that time.
21. if Concessionaires breach any of the covenants contained
in this contract, and fail to remedy such breach within fifteen
days after being given written notice by City to do so, City may
terminate this lease, as well as pursue any other legal remedies
it may have; provided, however, if such breach constitutes a
health or safety hazard, City may terminate this lease unless
Concessionaires, upon written notice of City to do so,
immediately begin and continuously prosecute proper action to
remedy such breach.
22. Concessionaires shall not engage in any employment
practices which have the effect of discriminating against any
employee or applicant for employment because of their race,
color, religion, national origin, sex, age (except as provided in
paragraph 15 above), or handicapped, and Concessionaires shall
not discriminate against any water craft renter or potential
renter for any of these reasons.
The parties hereto have executed this contract as of the day
and year first set out above.
City of Wichita Falls, Texas
Sy: --------------------- - - - - --
City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
John Craig
William Wiley