Res 003-82 1/5/1982RESOLUTION NO. 3-82
RESOLUTION APPROVING AND AUTHORIZING
THE CITY MANAGER TO SIGN A CONTRACT
WITH THE TEXAS STATE COMMISSION FOR
THE BLIND.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached
hereto, between the City of Wichita Falls and The Texas
State Commission for the Blind whereby the City furnishes
a coffee shop area and the Commission furnishes and installs
equipment to provide for a coffee shop and for intermission
at shows in Memorial Auditorium, is hereby approved, and
the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 5th day of January, 1982 .
Y
MAYOR
c
Y O R
f
ATTEST:
i
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
This agreement made and entered into this the day
of January, 1982 , by and between the City of Wichita Falls,
Texas, hereinafter called City, and the Texas State Commission
for the Blind, hereinafter called Commission ,
WITNESSETH:
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINED, the parties hereto do hereby
agree as follows:
1. Commission agrees to furnish and install vending
machines and equipment in sufficient quantity for the sale
of soft drinks , coffee, candy, snacks, food, cigarettes and
sundry items at the City' s discretion in the coffee shop in
Memorial Auditorium Building, 1300 Seventh Street, Wichita
Falls, Texas. Commission further agrees to furnish soft
drinks, candy and snacks at Memorial Auditorium during inter-
missions in shows being held therein. This contract shall
be for a two year period, commencing the date of its execution,
and expiring on December 31, 1983 .
2 . Commission shall maintain and service vending
machines on a daily basis or more often as seasons require.
City shall establish the requirements of seasonal servicing.
3. City agrees to furnish an area in the Memorial
Auditorium Coffee Shop for the vending machines. City
assumes no responsibility nor liability for damages to the
machines, or for theft.
4 . Commission agrees to have maintenance personnel on
call on a twenty-four hour basis , seven days a week , where
applicable, to service, repair and fill the machines when
necessary.
5. Commission agrees to place in the Memorial Auditorium
Building coffee shop and at Memorial Auditorium shows a suit-
able agent in the person of a blind man or woman with such
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sighted assistants as may be necessary to carry on this bus-
iness in a satisfactory manner and to meet every requirement
for quality of merchandise and proper service. Commission ' s
agents or employees shall be on duty in the Memorial Auditorium
Building coffee shop Monday through Friday of each week,
City holidays excepted, from 7 : 30 A.M. to 4 : 00 P.M. Commission
shall immediately remove any of its agents or employees at
this location who is unsuitable or unsatisfactory to carry
on this business. Commission further agrees that none of
its agents shall be considered as employees of City, and
City shall not be liable in any way for any injuries sustained
to the person of these agents or employees of Commission .
6 . Commission agrees to furnish a certificate of
insurance, showing that it has public liability insurance in
the amount of $100, 000. 00 per person , $300 , 000. 00 per
occurrence for bodily injury liability, and $50, 000. 00 per
occurrence for property damage liability, both coverages to
include product liability.
7 . Commission shall keep all vending machines and
equipment clean and attractive, in good mechanical condition
and clearly labeled with prices and instructions for use.
The name, address and telephone number of the person to
be contacted in case of malfunction or other problem shall
be given to the person in charge of each location or shall
otherwise be provided by some method such as by a label sticker
on each machine. City shall furnish Commission with a list
of names of persons at each location who will be authorized
to call Commission concerning problems with the machines .
8 . All electrical devices shall be grounded.
9. Electricity and water will be provided by City.
City will also provide janitorial services for areas designated
to the Commission under the terms of this agreement. Commission ' s
agents or employees shall keep the tables in the Memorial
Auditorium Building coffee shop clean at all times while not
being used.
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10. All vending machines will be of the change-maker
type, where feasible.
11. Commission shall pay City a commission of 3% of
the gross revenues of all items sold in the Memorial Auditorium
Building coffee shop and on all items sold at Memorial Audi-
torium shows.
12 . Commission shall furnish a micro-wave oven to be
placed in the Memorial Auditorium Building coffee shop.
City will allow Commission to have the use, rent free, of
the City' s equipment located in the Memorial Auditorium
Building coffee shop; however, City will not be responsible
for maintaining such equipment.
13. Duplicate statements of earnings from sales in
the. Memorial Auditorium Building coffee shop and from Memorial
Auditorium shows shall be furnished to the Assistant City
Manager on a monthly basis.
14 . Commission shall furnish City with a list of
prices for items to be sold in the Memorial Auditorium
Building coffee shop and at Memorial Auditorium shows upon
commencement of operations under this agreement. Any price
changes during the term of this agreement shall first be
submitted to City through the Assistant City Manager for
its approval before being placed into effect.
15. Commission shall comply with all City codes and
ordinances. All agents and employees of Commission working
at the Memorial Auditorium Building coffee shop or at
Memorial Auditorium shows shall have valid health cards
issued by the Wichita County-City Health Unit. Vending
machines, food service and food preparation areas shall be
subject to regular inspection by Health Department inspectors.
16. At City' s discretion , new concession locations or
machines may be added to this agreement or existing areas may
be deleted without affecting the other provisions of this
contract.
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17 . Failure to faithfully perform any of these covenants
will be grounds for cancellation of this agreement. Commission
shall be notified in writing by registered mail or personal
service of any breach of such covenants; and if such breaches
are not corrected within a period of twenty-four hours follow-
ing receipt of such notice, City may delcare this contract
null and void. In that event, Commission will be allowed
an additional twenty-four hours to remove all vending machines
from the premises, after which time, Commission will be
charged a rental fee of $30. 00 per day or part of a day for
each day or part thereof that the vending machine remains on
the City' s premises.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed as of the day and year first
above set out.
CITY OF WICHITA FALLS
BY:
Stuart A. Bach
City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
TEXAS STATE COMMISSION FOR THE
BLIND
BY:
Executive Director
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