Loading...
CM-07-06-103CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT CONCESSIONS AGREEMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: THIS CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT CONCESSIONS AGREEMENT is herby entered into by and between JILL ELSON, a natural person whose address is 605 Terrace Canyon, Dripping Springs, Texas, hereinafter referred to as the "Vendor," and the CITY OF ROUND ROCK, TEXAS, a Texas home rule municipal corporation, hereinafter referred to as the "City." WHEREAS, the City currently owns and maintains concession stands suitable for selling shaved ice refreshments at various park and recreational facilities throughout the City; and WHEREAS, Vendor is engaged in the private business of operating shaved ice concessions; and WHEREAS, the City desires to contract with Vendor to provide shave ice at certain concession stands and Vendor desires to provide the same; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the parties as follows: 1. General Provisions 1.1 The City hereby exclusively contracts with Vendor, as an independent contractor, to operate on the City's behalf the shaved ice concessions, hereinafter referred to as the "Concessions," at the two locations herein defined. Such locations shall hereinafter collectively be referred to as the "Facilities." 1.1.1 The Micki Krebsbach Pool, located at 301 Deepwood Drive, Round Rock, Texas 78681; and 1.1.2 The Rock N' River Aquatic Center, located at 3300 E. Palm Valley Blvd., Round Rock, Texas, 78664. 1.2 Vendor hereby agrees to operate at the Facilities pursuant to the terms hereof, and in compliance with all applicable laws, ordinances, statutes, rules and regulations. 1.3 Vendor agrees to offer Concessions to the patrons of the recreational areas served by the Facilities at all times that the Facilities are open to the public. 11 643 8/0123.0703/ps C1t4-01-Cif-t0.5 1.4 The Vendor must maintain an acceptable level of customer service to patrons. The manner in which Vendor provides Concessions, including the level of customer service and prices charged for products sold, shall be subject to the reasonable review and approval of the City. If the City determines that the Vendor is operating at a level which is unacceptable under these terms, the City will notify Vendor to take appropriate corrective actions. 2. Term The Term of this Agreement shall be for a period of six (6) consecutive months, to begin on the Effective Date. The parties hereby acknowledge that this Agreement is not subject to renewal or extension, and upon the conclusion of the stated Term the Agreement shall automatically terminate. 3. Equipment and Labor 3.1 The Vendor shall provide all equipment and products necessary to operate said Concessions. 3.2 The City agrees to provide Vendor with access to 110 volt plugs. Vendor agrees to operate equipment which is compatible with said plugs. 3.3 The City shall be responsible for maintenance, repair, and replacement of the 110 volt plugs. In the event that any such maintenance, repair, or replacement is necessary, Vendor shall notify the City of such requirement. Vendor is not authorized to incur any costs on behalf of the City, without the City's written approval, regarding any such maintenance, repair, or replacement. 3.4 Vendor shall provide all employees necessary to provide Concessions at the Facilities. The employees shall be deemed to be employees of Vendor and the City shall have no obligations for such employees. Vendor and its employees shall operate as independent contractors. Vendor is an independent business and is not connected in any way with City. Vendor is not City's employee. This Agreement does not create a partnership relationship, employer/employee relationship, joint venture relationship, principal/agent relationship, or any other relationship of similar kind, and Vendor shall never represent itself to third parties as having such relationship. 3.5 The Vendor acknowledges that the City will not be responsible for reporting or paying employment taxes or similar levies which may be required by the United States Internal Revenue Service or other State or Federal agencies. 3.6 Vendor shall provide proof of criminal background checks for all employees. 4. Indemnification Vendor hereby agrees to hold harmless and defend the City, its officers, agents and employees, and City assumes no responsibility or liability from and against all injuries, claims, damages, losses and expenses, including but not limited to attorney's fees, arising 2 directly or indirectly out of the obligations herein undertaken by Vendor, anyone directly or indirectly employed by Vendor or anyone for whose acts they may be liable, except to the extent such matters are caused by the act or omission of the City, its agents or employees. 5. Insurance 5.1 It is expressly understood and agreed by and between the parties hereto that City will not provide insurance coverage, including but not limited to health, accident or worker's compensation coverage, for Vendor, its agents, employees, volunteers, or anyone similarly situated, and that City will not provide insurance coverage for any equipment or vehicles. 5.2 Vendor shall purchase, and maintain a policy of general liability insurance, with limits of not less than $300,000.00, and covering the liability of Vendor for the obligations herein undertaken. Vendor shall also purchase and maintain a policy of Workers Compensation Insurance. Copies of such policies shall be provided to the City upon request. 6. Compensation to the City 6.1 Vendor shall pay the City an amount equal to 30% of the gross revenue earned from the Concessions. 6.2 Payment shall be made bi-weekly at the City's Parks and Recreation Department office located at 301 W. Bagdad, Ste. 250, Round Rock, Texas, 78664. Checks shall be made payable to the "City of Round Rock." 7. Notice 7.1 All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 7.1.1. When delivered personally to the recipient's address as stated in this Agreement; or 7.1.2. Three (3) days after being deposited in the U.S. mail, postage prepaid, to the recipient's address as stated herein. Notice to Vendor Ms. Jill Elson 605 Terrace Canyon Dripping Springs, TX 78620 3 Notice to City: James Nuse, City Manager City of Round Rock AND TO 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 7.2 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 8. Exclusive Agreement The terms and conditions of this Agreement, including all exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 9. Jurisdiction and Venue This Agreement shall be governed by the laws of the State of Texas, and exclusive jurisdiction and venue shall lie in Williamson County, Texas. The parties expressly understand and agree that there shall be no requirements or provisions for mediation or arbitration prior to seeking redress in the courts of Williamson County, Texas. 10. Force Majeure For purposes of this Agreement, "Force Majeure" means an act of terror committed within the United States of America that materially impairs business operations; 'a prolonged and unforeseen strike, riot, or occurrence of civil disobedience that materially impairs business operations; a prolonged and unforeseen shortage of fuel, labor, or material; delay related to or caused by a severe weather event, such as a tornado, a hurricane, or flooding; interruption of utilities; fire or other casualty; or any other act of God beyond City's or Vendor's reasonable control, which could not be avoided by the exercise of due care. 11. Effective Date This Agreement shall be effective from and after the date of due execution hereof by all parties. 12. Binding Effect This Agreement binds and benefits the Owner and its successors and assigns. 4 13. Assignment This Agreement shall not be assigned by either party without the written consent of the other party. 14. Waiver The failure on the part of either party to require performance by the other of any portion of this Agreement shall not be deemed a waiver of, or in any way affect that party's rights to enforce such provision. Any waiver by either party or any provision of this Agreement shall not be a waiver of any other provision hereof. 15. Severability Any provision of this Agreement which is illegal, invalid or unenforceable shall be ineffective to the extent of such illegality, invalidity or unenforceability, without affecting in any way the remaining provisions hereof and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. IN WITNESS�REOF, the parties ave executed this Agreement in duplicate originals on this the 10 day of the month of , 2007. VENDOR C OF ROUND ROCK, TEXAS By: Jill El •n J. Nuse, City Manager FOR CITY, APPROVED AS TO FORM: By: Stephan 5 . Sheets, City Attorney DATE: June 11, 2007 SUBJECT: City Manager Approval- June 15, 2007 ITEM: Consider a resolution allowing the City of Round Rock to enter into an agreement with Jill Elson for the sale of concessions at the Micki Krebsbach Pool and the Rock'n River Aquatic Center. Department: Parks and Recreation Department Staff Person: Justification: Concessions will be sold at the Micki Krebsbach Pool and the Rock'n River Family Aquatic Center and in return Jill Elson will pay the City 30% of the gross revenue earned. Funding: N/A Cost: N/A Source of funds: Outside Resources: Background Information: Public Comment: