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Res 081-85 6/18/1985i RESOLUTION NO. 6I- RESOLUTION APPROVING CONCESSION CONTRACTS AT WILLIAMS PARK AND SPUDDER PARK WITH JOSIE POPE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Those two concession contracts, copies of which are attached hereto, between the City of Wichita Falls and Josie Pope for concession operations at Williams Park and Spudder Park are hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the 18th day of June, 1985 . M A Y O R?°/ 10° Iry ATTEST : City Clerk I RATE SCHEDULE FOR SALES IN PUBLIC PARKSC Upon waiving City Ordinance 22-1 (a) by the Board of Aldermenpermittingthesaleofgoodsinapubliccpark,k the Cit y ofFallsshallreceivethefollowingordinanceiswaivedforasmalltournament`easehereinafter setout) : 1: All admission, . registration, entry fees, and/or donations in leiu thereof collected in the park - 10% of the gross. 2. Food and soft drinks --average of current percentagepaidbyballfieldconcessionaires. (The 1980 averagerateis1 % of gross.) These sales are allowed onlyinparksthatarenotundercontractwithconcession-aires at 'the time the waiver is made. 3. Any other merchandise sold during an event--lit ofgross. Other merchandise is to include programs,works of art, clothing, amusements, etc. Lessees shall agreeq to sell only firstYfirst class commodities,also agree to heqfileaconcessionreportrtDepartmentintheParksandRecreationoffice ponv the dfirsthe Monday following the event, and pay the percentage of grosssalesatthattime. When such ordinance is waived for a small tournament (being onethatincludesonlylocalandareateamswithina50mileradiusofWichitaFalls) , the City of Wichita Falls shall receive thefollowing: 1. Admission tickets. Lessee shall complete a concession report at the completion of the tournament that will be providedbytheParksandRecreationDepartment. If thetotalreceivedforticketsalesdoesnotexceedthetotalpaidforparkrental, the City will notreceiveapercentage. If the amount received fromticketsalesexceedsthefacilityrental, lesseeshallpay10% on the difference. 2. Food and soft drinks--Same as #2 above. 3. Other merchandise--Same as #3 above. 1 BID PROPOSAL r FOR CONCESSION OPERATION IN VARIOUS PARKS I the undersigned, as bidder, propose to operate concession services in the following location: (Select only one park per proposal) Loch Lomand Ball Park Spudder Ball Park Williams Ball Park Bridwell Ball Parks Lake Arrowhead Parks (Shoshoni, Tonkawa, Pawnee Point, West Arrowhead, Deer Creek, and Ouchita) for the period from February 1, 1985 through January 31, 1986. a I propose to bid the following to the City of Wichita Falls: I1l°C % of gross concession sales. In signing this proposal, I confirm that I have carefully examined all specifications and visited the park sites, and agree to perform concession operations and furnish all materials as called for in the specification. Signature of Contractor: Street Address: / !)'•- ,• --f et2c) City, State, Zip Code: Phone: (Home) Work) Soc. Security # -_'F-T2:2-/-71.- Firm Name (If Applicable) : CREDIT REFERENCES 1 Name: I ' Street Address: t r- Alrre4 - 4 City, State; Zip Code:/4_,,, 7 — 7Phone: I 2 Name: Ja/i • :F .- IStreetAddress: ' 7 City, State, Zip Code: I, Phone: 3 Name: !11J 7,i•) Street Address: City, State, Zip Code: Phone: THE STATE OF TEXAS X COUNTY OF WICHITA X WHEREAS, the Board of Aldermen of the City of Wichita Falls has authorized the City Manager to enter into a contract with Josie Pope 102 Paradise Wichita Falls, Texas, hereinafter called "Concessionaire", to be concession operator in Spudder Park and to execute the contract on behalf of the City of Wichita Falls. NOW THEREFORE, for and in consideration of the sum of 16 of the gross sales paid to the City of Wichita Falls each and every Monday for the previous week's sales by "Concessionaire" and in further consider- ation of the hereinafter set out terms and conditions of the City of Wichita Falls, Texas, acting by and through its duly authorized agent, James Berzina City Manager does hereby grant and convey unto said "Concessionaire", the right to sell commodities and concessions in the following City Park, to-wit: Spudder Park 7th & Tulsa Wichita Falls, Texas, for a term commencing March 5 19 85 and ending March 4 1986 . For and in consideration of the above grant, the said "Conces- sionaire", does hereby covenant and agree with the City of Wichita Falls as follows: I. That the said "Concessionaire" will handle only first class com- modities and concessions and will comply with all health and sanitation regulations of both the State of Texas and of the City of Wichita Falls, and does hereby agree that all items sold at the above area will meet with the approval of the Director of the Wichita Health Unit. . II. That the place where such commodities and concessions are sold will be kept in a sanitary condition at all times to the satisfaction of the Director of the Wichita Health Unit. III. That all agents and employees of said "Concessionaire" will be neat, courteous and honest when dealing with the public in the sale of said commodities and concessions. IV. That the concession rights granted herein shall not be subject to transfer or assignment, except upon the written approval of the Director of Parks and Recreation of the City of Wichita Falls, Texas. V. All equipment used directly or indirectly in the maintenance 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, or drink dispensing machines shall be placed outside the concession building. VI. That should any of the'terms and conditions or considerations be violated and not corrected within a reasonable time, not to exceed five 5) days, the City reserves the right to void this contract. Should Concessionaire" fail to deliver the City's share of the gross sales each Monday, the City reserves the right to immediately void this Contract and/or close the concession until proper amount is paid. VII. That "Concessionaire" agrees to hold the City harmless from any and all claims, suits, loss or damage, or 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" further agrees to 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, protecting "Concessionaire" and City from legal liability claims which might arise out of "Concessionaire's" operation of this concession in the amount of $300,000 per occurrence, bodily injury; and property damage liability insurance in the amount of not less than 50,000 per occurance. In lieu of the above, standard storekeepers liability policy with limit of $100,000 will be acceptable. VIII. Concessionaire" shall keep accurate and correct books on the operation of his business and such books shall be open for inspection by City or any person designated by it. 2- 7/ • IX. Concessionaire" agrees to operate the ballfield concessions 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, for which he does not have reasons justifiable to City's Director of Parks and Recreation, this contract may be terminated by City. X. That "Concessionaire" shall, in case of fire, casualty, or other damage to the premises herein conveyed arising out of an act of neglect or carelessness in "Concessionaire's" operation, maintenance or acts of his employees, give immediate notice in writing to Lessor. "Concessionaire" shall thereupon cause the.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 rent shall be appor- tioned for the period of time requried to make the repairs, according to the part of the premises, if any, which remains usable by "Concessionaire". If the entire Spudder Concession facilities shall be destroyed, then within thirty (30) days after the fire or other casualty, either Lessor or "Concessionaire" may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except that the rent shall be apportioned as of the date of the fire or other casualty and "Concessionaire" shall cause the damage to be repaired forthwith. EXECUTED this the day of 19 CITY OF WICHITA FALLS James Berzina, City Manager iosie Pope, 66ncessionaire ATTEST: Wilma J. Thomas, City Clerk APPROVED AS TO FORM: H.P. Hodge, Jr. , City Attorney IIIIIIIIMMOmm 3- 4P=3 BID PROPOSAL FOR CONCESSION OPERATION IN VARIOUS PARKS 7 i,. iI/ the undersigned, as bidder, propose to operate concession services in the following location: (Select only one park per proposal) Loch Lomand Ball Park Spudder Ball Park f Williams Ball Park Bridwell Ball Parks Lake Arrowhead Parks (Shoshoni, Tonkawa, Pawnee Point, West Arrowhead, Deer Creek, and Ouchita) for the period from February 1, 1985 through January 31, 1986. I propose to bid the following to the City of Wichita Falls: of gross concession sales. In signing this proposal, I confirm that I have carefully examined all specifications and visited the park sites, and agree to perform concession operations and furnish all materials as called for in the specification. Signature of ContractOrrr'(a /iU; Street Address: f/7/, c 9,1141 City, State, Zip Code: Phone: (Home) 14M (Work)/9/'CO7C Soc. Security # 1114:&271,10 Firm Name (If Applicable) : f CREDITDD REFERENCES 1 Name: gcMil ,,; // Jl7/lib Street Address: 424/6 K04/pCity, State, Zip Code:/ ich,/R EA/,4 fix, 7G4/D Phone: 1,92•45// 2 Name: 1 Ai1 ors i.1[i,fR Stree Address:/) 4 4x 940 City, State, Zip Code:j,),-/j,/B /,q//f Tr 723f17 Phone:.9V 71// 3 Name:t Addre s/A1PlE(lif ,/J,Street Addre s:C / !/n City, State, Zip Code:/j/,l6df rp 7 , Phone:322-1/20 BID PROPOSAL FOR CONCESSION OPERATION IN VARIOUS PARKS R--/ the undersigned, as bidder, pose to opera se concession services in the followingPP9 location: (Select only one park per proposal) Loch Lomand Ball Park Spudder Ball Park Williams Ball Park Bridwell Ball Parks Lake Arrowhead Parks (Shoshoni, Tonkawa, Pawnee Point, West Arrowhead, Deer Creek, and Ouchita) for the period from February 1, 1985 through January 31, 1986. I propose to bid the following to the City of Wichita Falls: of gross concession sales. In signing this proposal, I confirm that I have carefully examined all specifications and visited the park sites, and agree to perform concession operations and furnish all materials as called for in th specification. Signature of Contractor: Street Address: /4,1 City, State, Zip Code: 2.10,4///,24..., 7 /Z /x ;obi Phone: (Home) 707,. ..94,/ (Work) Soc. Security #76+/'1o9/f5 j Firm Name (If Applicable) : CREDIT REFERENCES 1 Name: Street Ad-ess: $6,/' 1fy City, State, Zip Code: Ars Phone: r- 7) / 2 Name: J l Street Address". _ _ City, State, Zip Co.e: Phone: 3 Name:4e (" I . Street Address: 0 • City, Stte, Zip Code: I/./, fjtJ Phone: 6,%?-,3*o`J r 1 t` s THE STATE OF TEXAS X COUNTY OF WICHITA X WHEREAS, the Board of Aldermen of the City of Wichita Falls has authorized the City Manager to enter into a contract with Josie Pope , 102 Paradise Wichita Falls, Texas, hereinafter called "Concessionaire", to be concession operator in Williams Park and to execute the contract on behalf of the City of Wichita Falls. NOW THEREFORE, for and in consideration of the sum of 20 of the gross sales paid to the City of Wichita Falls each and every Monday for the previous week's sales by "Concessionaire" and in further consider- ation of the hereinafter set out terms and conditions of the City of Wichita Falls, Texas, acting by and through its duly authorized agent, James Berzina City Manager does hereby grant and convey unto said "Concessionaire", the right to sell commodities and concessions in the following City Park, to-wit: Williams Park Williams S Jackson Wichita Falls, Texas, for a term commencing March 5 19 85 and ending March 4 19 86 . For and in consideration of the above grant, the said "Conces- sionaire", does hereby covenant and agree with the City of Wichita Falls as follows: I. That the said "Concessionaire" will handle only first class com- modities and concessions and will comply with all health and sanitation regulations of both the State of Texas and of the City of Wichita Falls, and does hereby agree that all items sold at the above area will meet with the approval of the Director of the Wichita Health Unit. II. That the place where such commodities and concessions are sold will be kept in a sanitary condition at all times to the satisfaction of the Director of the Wichita Health Unit. III. That all agents and employees of said "Concessionaire" will be neat, courteous and honest when dealing with the public in the sale of said commodities and concessions. IV. That the concession rights granted herein shall not be subject to transfer or assignment, except upon the written approval of the Director of Parks and Recreation of the City of Wichita Falls, Texas. V. All equipment used directly or indirectly in the maintenance 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, or drink dispensing machines shall be placed outside the concession building. VI. That should any of the:.terms and conditions or considerations be violated and not corrected within a reasonable time, not to exceed five 5) days, the City reserves the right to void this contract. Should Concessionaire" fail to deliver the City's share of the gross sales each Monday, the City reserves the right to immediately void this Contract and/or close the concession until proper amount is paid. VII. That "Concessionaire" agrees to hold the City harmless from any and all claims, suits, loss or damage, or 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" further agrees to 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, protecting "Concessionaire" and City from legal liability claims which might arise out of "Concessionaire's" operation of this concession in the amount of $300,000 per occurrence, bodily injury; and property damage liability insurance in the amount of not less than 50,000 per occurance. In lieu of the above, standard storekeepers liability policy with limit of $100,000 will be acceptable. VIII. Concessionaire" shall keep accurate and correct books on the operation of his business and such books shall be open for inspection by City or any person designated by it. 2- IX. Concessionaire" agrees to operate the ballfield concessions 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, for which he does not have reasons justifiable to City's Director of Parks and Recreation, this contract may be terminated by City. X. That "Concessionaire" shall, in case of fire, casualty, or other damage to the premises herein conveyed arising out of an act of neglect or carelessness in "Concessionaire's" operation, maintenance or acts of his employees, give immediate notice in writing to Lessor. "Concessionaire" shall thereupon cause the 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 rent shall be appor- tioned for the period of time requried to make the repairs, according to the part of the premises, if any, which remains usable by "Concessionaire". If the entire Williams Concession facilities shall be destroyed, then within thirty (30) days after the fire or other casualty, either Lessor or "Concessionaire" may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except that the rent shall be apportioned as of the date of the fire or other casualty and "Concessionaire" shall cause the damage to be repaired forthwith. EXECUTED this the day of 19 CITY OF WICHITA FALLS James Berzina, City Manager Josie Pop Concessionaire ATTEST: Wilma J. Thomas, City Clerk APPROVED AS TO FORM: H.P. Hodge, Jr. , City Attorney 3- T arr w BID TABULATION PARK CONCESSION OPERATORS February 15, 1985 BIDS: Percentage of Gross Sales Paid to City 1985 Spudder Park (1984 - Underwood's Concessions - 21% food, 31% beverage) No Bid Loch Lomond Park (1984 - Underwood's Concessions - 217 food, 31% No Bid beverage) Williams Park (1984 - Underwood's Concessions - 21% food, 31% beverage) Larry Carl Adams - 4715 Tammy Drive, Wichita Falls 36% Tommy J. Wallace - 1210 Rosewood Street, Wichita Falls 20% Bridwell Park (1984 - Doug Mathis - 227) Doug Mathis - 4664 Rainbow, Wichita Falls 25% Lake Arrowhead Parks (1984 - Underwood's Concessions - 21% food, 317 beverage) Shoshoni, Tonkawa, Pawnee Point, West Arrowhead, Deer Creek, No Bid and Ouchita) Page 2 of 3 Pages Agenda Item No.