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R-94-04-28-9B - 4/28/1994STATE OF TEXAS ) COUNTY OF WILLIAMSON ) AGREEMENT FOR FOOD AND DRINK VENDOR FOR THE MCNEIL SOFTBALL FIELDS COMPLEX I. TERMS OF THE AGREEMENT 9Y-oh-9/ This is and Agreement by and between the CITY OF ROUND ROCK (hereinafter "CITY "), a Texas Municipal corporation, and Dan and Dixie Gill D /B /A 4D's Concession (hereinafter "VENDOR "). This Agreement shall be for a period of one (1) year beginning with the effective date of this Agreement. The Agreement may be renewed for an additional year upon written agreement of both parties at least forty -five (45) days prior to the termination date. This Agreement may only be renewed twice. Notwithstanding the foregoing provision of this Section I, CITY reserves the right to terminate this Agreement pursuant to Article VI, No. 1 if CITY determines that there has been a material breach or default by VENDOR under this Agreement. 1. VENDOR agrees to provide food and drink sales at COMPLEX and to make them available on a nondiscriminatory basis and within the limits of the law. II. PAYMENT VENDOR will pay CITY $100.00 per month for each month the concession is in operation. Payment is due on the first (1st) day of each month of operation. VENDOR will also pay CITY ten percent (1(A) of gross food and drink sales at McNeil Softball Fields Complex (hereinafter "COMPLEX "). VENDOR agrees to provide CITY with a financial statement of gross sales which will accompany said payment within fifteen (15) days after each month the VENDOR operates its concessions at COMPLEX. 2. VENDOR shall provide all labor, tools, equipment, and other items necessary to operate the concession. The existing concession equipment and facilities are available for the use of VENDOR; however, VENDOR agrees to furnish other equipment deemed necessary to carry out this Agreement. The decision whether or not the equipment is adequate shall be at the discretion of CITY. All CR \vendork III. DUTIES AND REQUIREMENTS OF VENDOR • electrical or gas burning appliances and equipment shall meet or exceed CITY code. Any personal property brought upon the premises by VENDOR shall be at the sole risk of VENDOR and shall be removed upon termination of this Agreement. CITY reserves the right to remove all property of VENDOR remaining on premises after termination of this Agreement at the cost of VENDOR. CITY shall not be liable for removing or storing said property. From time to time, Complex will be leased for private events. The lessee shall have the right to use the concession facilities. VENDOR is responsible to secure its property or remove the same from the premises for these private events. 3. VENDOR will operate the concession for all scheduled and special events sponsored by CITY. The events will be as follows with possible deletions or additions: CR \vendork 2. 1994 Spring League 1994 Summer League 1994 Fall League 1994 Winter League All City Sponsored Tournaments 4. VENDOR shall sell items approved by CITY and at the price approved by CITY. 5. All concession signage provided by VENDOR will be professionally prepared. 6. No vehicles, animals, rides, or equipment shall be brought into or upon the COMPLEX without prior written consent of CITY. 7. VENDOR's use of concession facilities shall be subject to the rules and regulations prescribed by CITY governing the use of such facilities. 8. All personnel employed by VENDOR shall submit to periodic health examinations, at least as frequently and as stringent as required by law, and shall display such evidence of such compliance at the principal concession facility. 9. VENDOR agrees to be solely responsible for any and all damages related and arising out of the use of the concession facility and equipment during the term of the Agreement when the facility and equipment is being used by VENDOR. This is subject, but not limited to, any and all persons associated with VENDOR who use said facility during the term of the Agreement. VENDOR agrees to be solely responsible for all repairs and costs of said repairs to facility and equipment for any and all said damages. 10. VENDOR must obtain and hold a valid health permit through the Williamson County Health Department. 11. VENDOR shall procure and maintain at its sole cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, volunteers or employees. VENDOR shall furnish to CITY evidence of insurance that it is in compliance with all applicable laws, rules and regulations of Federal, State, and Local Governing entities for the types of items sold and employee coverage. 12. VENDOR shall be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other similar State or Federal agencies. 13. VENDOR shall honor CITY's agreement with Coca -Cola Company. Iv. DUTIES AND RESPONSIBILITIES OF CITY 1. CITY agrees to allow VENDOR the use of the concession facilities and equipment located at COMPLEX. 2. CITY, to the best of its ability, shall provide the existing utilities located at COMPLEX. 3. CITY agrees to notify VENDOR of cancellation of events as soon as CITY is notified of such. 4. CITY shall have the right to examine, inspect, and copy any and all records reflecting deliveries, sales, and expenses of VENDOR in connection with the operation of the concession. Said examinations or inspections shall be performed at reasonable times and at the sole expense of CITY. CITY has the right to station an employee in said concession from time to time for such length of times as CITY determines. V. HOLD HARMLESS CLAUSE It is further agreed that VENDOR agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees for injury to or death of any person, or damage to any property arising out of or in connection with the work done by VENDOR under the contract; such indemnity shall apply where the claims, losses, damages, causes of CR \vendork 3. action, suits, or liability arise, in whole or in part, from the negligence of CITY. VENDOR BY: R = pre CITY tv •0 .K . 1 BY: •� ! 2 Representa VI. MISCELLANEOUS 1. If VENDOR shall default in the performance of this agreement, or if VENDOR's business is dissolved, ceases doing business, or becomes insolvent or bankrupt, CITY shall have the right to terminate the Agreement. In the event of such termination, VENDOR shall be obligated to pay CITY, on demand, any damages sustained by CITY due to VENDOR's default and termination of Agreement. 2. Possession, use or being under the influence of alcohol or controlled substance by VENDOR or its employees is prohibited. Violation of this requirement shall constitute grounds for termination pursuant to Article VI, No. 1. 3. This Agreement is personal to VENDOR. It is not assignable, and any attempt to assign this license is grounds for termination by CITY of this Agreement. 4. This Agreement shall be interpreted in accordance with the laws of the State of Texas and performance of this Agreement is in Williamson County. 5. The parties hereby state that they have read the terms of this Agreement and hereby agree to be bound to the conditions contained herein. SIGNED this day of CR \vendork 4. V Date , 1994 cisALL aS 1! 4 ATTEST: RS /RESOLUTION RSO4284E E LAND, City Secretary RESOLUTION NO. R. '9 Q WHEREAS, the City of Round Rock has duly advertised for bids for concessionaire services during Adult Softball Leagues, and WHEREAS, 4D's Concession has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of 4D's Concession, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with 4D's Concession to provide concessionaire services during Adult Softball Leagues, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of April, 19 4. CHARLES CULP ••PEr /, 'Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT FOR FOOD AND DRINK VENDOR FOR THE MCNEIL SOFTBALL FIELDS COMPLEX This is and Agreement by and between the CITY OF ROUND ROCK (hereinafter "CITY "), a Texas Municipal corporation, and Dan and Dixie Gill D /B /A 4D's Concession (hereinafter "VENDOR "). I . TERMS OF THE AGREEMENT This Agreement shall be for a period of one (1) year beginning with the effective date of this Agreement. The Agreement may be renewed for an additional year upon written agreement of both parties at least forty -five (45) days prior to the termination date. This Agreement may only be renewed twice. Notwithstanding the foregoing provision of this Section I, CITY reserves the right to terminate this Agreement pursuant to Article VI, No. 1 if CITY determines that there has been a material breach or default by VENDOR under this Agreement. II. PAYMENT VENDOR will pay CITY $100.00 per month for each month the concession is in operation. Payment is due on the first (1st) day of each month of operation. VENDOR will also pay CITY ten percent (1Ok) of gross food and drink sales at McNeil Softball Fields Complex (hereinafter "COMPLEX "). VENDOR agrees to provide CITY with a financial statement of gross sales which will accompany said payment within fifteen (15) days after each month the VENDOR operates its concessions at COMPLEX. CR \vendork III. DUTIES AND REQUIREMENTS OF VENDOR 1. VENDOR agrees to provide food and drink sales at COMPLEX and to make them available on a nondiscriminatory basis and within the limits of the law. 2. VENDOR shall provide all labor, tools, equipment, and other items necessary to operate the concession. The existing concession equipment and facilities are available for the use of VENDOR; however, VENDOR agrees to furnish other equipment deemed necessary to carry out this Agreement. The decision whether or not the equipment is adequate shall be at the discretion of CITY. All electrical or gas burning appliances and equipment shall meet or exceed CITY code. Any personal property brought upon the premises by VENDOR shall be at the sole risk of VENDOR and shall be removed upon termination of this Agreement. CITY reserves the right to remove all property of VENDOR remaining on premises after termination of this Agreement at the cost of VENDOR. CITY shall not be liable for removing or storing said property. From time to time, Complex will be leased for private events. The lessee shall have the right to use the concession facilities. VENDOR is responsible to secure its property or remove the same from the premises for these private events. 3. VENDOR will operate the concession for all scheduled and special events sponsored by CITY. The events will be as follows with possible deletions or additions: 1994 Spring League 1994 Summer League 1994 Fall League 1994 Winter League All City Sponsored Tournaments 4. VENDOR shall sell items approved by CITY and at the price approved by CITY. 5. All concession signage provided by VENDOR will be professionally prepared. 6. No vehicles, animals, rides, or equipment shall be brought into or upon the COMPLEX without prior written consent of CITY. 7. VENDOR's use of concession facilities shall be subject to the rules and regulations prescribed by CITY governing the use of such facilities. 8. All personnel employed by VENDOR shall submit to periodic health examinations, at least as frequently and as stringent as required by law, and shall display such evidence of such compliance at the principal concession facility. 9. VENDOR agrees to be solely responsible for any and all damages related and arising out of the use of the concession facility and equipment during the term of the Agreement when the facility and equipment is being used by VENDOR. This is subject, but not limited to, any and all persons associated with VENDOR who use said facility during the term of the Agreement. VENDOR agrees to be solely responsible for all repairs and costs of said repairs to facility and equipment for any and all said damages. CR \vendork 2. 10. VENDOR must obtain and hold a valid health permit through the Williamson County Health Department. 11. VENDOR shall procure and maintain at its sole cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, volunteers or employees. VENDOR shall furnish to CITY evidence of insurance that it is in compliance with all applicable laws, rules and regulations of Federal, State, and Local Governing entities for the types of items sold and employee coverage. 12. VENDOR shall be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other similar State or Federal agencies. 13. VENDOR shall honor CITY's agreement with Coca -Cola Company. Iv. DUTIES AND RESPONSIBILITIES OF CITY 1. CITY agrees to allow VENDOR the use of the concession facilities and equipment located at COMPLEX. 2. CITY, to the best of its ability, shall provide the existing utilities located at COMPLEX. 3. CITY agrees to notify VENDOR of cancellation of events as soon as CITY is notified of such. 4. CITY shall have the right to examine, inspect, and copy any and all records reflecting deliveries, sales, and expenses of VENDOR in connection with the operation of the concession. Said examinations or inspections shall be performed at reasonable times and at the sole expense of CITY. CITY has the right to station an employee in said concession from time to time for such length of times as CITY determines. V. HOLD HARMLESS CLAUSE It is further agreed that VENDOR agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees for injury to or death of any person, or damage to any property arising out of or in connection with the work done by VENDOR under the contract; such indemnity shall apply where the claims, losses, damages, causes of CR \vendork 3. action, suits, or liability arise, in whole or in part, from the negligence of CITY. 1. If VENDOR shall default in the performance of this agreement, or if VENDOR's business is dissolved, ceases doing business, or becomes insolvent or bankrupt, CITY shall have the right to terminate the Agreement. In the event of such termination, VENDOR shall be obligated to pay CITY, on demand, any damages sustained by CITY due to VENDOR's default and termination of Agreement. 2. Possession, use or being under the influence of alcohol or controlled substance by VENDOR or its employees is prohibited. Violation of this requirement shall constitute grounds for termination pursuant to Article VI, No. 1. 3. This Agreement is personal to VENDOR. It is not assignable, and any attempt to assign this license is grounds for termination by CITY of this Agreement. 4. This Agreement shall be interpreted in accordance with the laws of the State of Texas and performance of this Agreement is in Williamson County. 5. The parties hereby state that they have read the terms of this Agreement and hereby agree to be bound to the conditions contained herein. SIGNED this VENDOR BY: Repre entative CITY !1^ RO 0 K BY: Representa O CR \vendork VI. MISCELLANEOUS day of 4. r Date , 1994 DATE: April 26, 1994 SUBJECT: CITY COUNCIL MEETING, APRIL 28, 1994 ITEM: 9.B. Consider a resolution authorizing the Mayor to enter into an agreement with 4D's Concession for providing conncessionaire services during Adult Softball Leagues. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATIONS: APPROVAL Only one bid was received. ECONOMIC IMPACT: Staff recommends that the City enter into an agreement with 4D's Concession to operate the McNeil Park Softball Complex concession stand. The agreement calls for the concessionaire to pay a monthly fee of $100.00 and 10% of gross sales. This contract will provide PARD with an additional revenue source while providing a service to program participants.