Loading...
HomeMy WebLinkAboutR-1995-140 M & M Catering Services, Inc.RESOLUTION NO. R-95- 140 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a concessionaire agreement between the City of Yakima, the Yakima Valley Visitors and Convention Bureau, and M & M Catering Services, Inc. to obtain food service and concessions at the Yakima Convention Center. WHEREAS, the City of Yakima desires food services and concessions at the Yakima Convention Center; and WHEREAS, neither the City nor the Yakima Valley Visitors and Convention Bureau have the staffing levels or the specialized expertise necessary to provide said food services and concessions; and WHEREAS, the City and the Convention Bureau have previously entered into a Concession and Catering Agreement with M & M Catering Services, Inc. for said food services and concessions but said Agreement will expire on January 6, 1996; and WHEREAS, M & M Catering Services, Inc. has the experience and expertise necessary and is willing to perform said food services and concessions in accordance with the terms and conditions of the attached Agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to continue to contract with M & M Catering Services, Inc. for an additional year in accordance with the terms of the attached Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Concession and Catering Agreement with M & M Concession Services, Inc. for the purpose of obtaining food services and concessions at the Yakima Convention Center. ADOPTED BY THE CITY COUNCIL this 1day of October , 1995. ATTEST: Mayor )J City Clerk (1s)res/concesson pm CONCESSION AND CATERING AGREEMENT THIS AGREEMENT is made and executed by and between the CITY OF YAKIMA, a municipal corporation (hereinafter the "City"), the YAKIMA VALLEY VISITORS AND CONVENTION BUREAU, a nonprofit Washington corporation (hereinafter the "Bureau") and M & M CATERING SERVICES, INC. (hereinafter the "Concessionaire") in consideration of the mutual covenants contained herein as follows: 1. PURPOSE. The Bureau manages the Yakima Convention Center (hereinafter the "Center"), a 30,000 square foot convention building located on a site at East Yakima Avenue and 8th Street, within the City of Yakima, Yakima County, Washington. The complex consists of a conference and exhibit hall with a total area of 14,500 square feet which may be divided into four different rooms. The hall has the capacity to assemble 1,400 occupants, seated, and provide a banquet for 1,000 people. In addition, the foyer has a total area of 3,500 square feet. The building and land are owned by the City which contracts with the Bureau for its management services. The Bureau operates the Center through a manager, referred to herein as the "Center Manager." In that connection, the Bureau desires to contract with the Concessionaire to provide food service and concessions at the Center in the most efficient and convenient manner possible. 2. TERM. The term of this Agreement shall be for one (1) year to commence on January 7, 1996 and terminate on January 7, 1997. 3. RENTAL. The Concessionaire agrees to pay to the Bureau the sum of $45,000 per year, or the total of the following percentage of gross revenue derived from the food service operation, whichever is greater. Rent as a percentage of gross shall be as follows: (a) The following percentage of gross revenue from concession sales of food/beverage (ice cream, nuts, and candy): Percent 0 - 10,000 25% 10 - 25 M 25% 25 - 50 M 25% 50 - 100 M 25% 100 - 150 M 25% Over 150 M 25% Page 1 of 14 (1s)agr/concession pm (b) The following percentage of gross revenue from catering within the Center: Percent O - 10,000 16% 10 - 25M 16% 25 - 50 M 16% 50 - 100 M 16% 100 - 150 M 16% Over 150 M 17% (c) The following percentage of gross revenue from catering outside the Center: Percent O - 10,000 12% 10 - 25M 12% 25 - 50 M 12% 50 - 100 M 12% 100 - 150 M 12% Over 150 M 12% (cc) The following percentage of gross revenue from catered liquor sale outside Center: 10% (d) The following percentage of gross revenue from the sale of alcoholic beverages: Percent O - 10,000 20% 10 - 25 M 20% 25 - 50 M 20% 50 - 100 M 20% 100 - 150 M 20% Over 150 M 20% (e) The following percentage of gross revenue from miscellaneous services, including garment checking: Percent O - 10,000 N/A 10 - 25 M N/A 25 - 50 M N/A 50 - 100 M N/A 100 - 150 M N/A Over 150 M N/A Page 2 of 14 (ls)agr/concession pm (f) The following percentage of gross revenue from vending machines: Percent 0 - 10,000 12% 10- 25M 12% 25 - 50 M 12% 50 - 100 M 12% 100 - 150 M 12% Over 150 M 12% Rental as a percentage of gross revenue is payable monthly. The first rental payment is due and payable on the 20th day of the month following the month in which this Contract is executed, with all additional payments to be made on or before the 20th day of each month thereafter, during the Contract term. At the end of each year of operation, Concessionaire's records shall be reviewed and if a balance of rent is due and owing (assuming the rent paid for the prior twelve months was less than Forty Five Thousand Dollars ($45,000)), the balance shall be paid within thirty (30) days following notice from the Bureau of that obligation. 4. DEFINITION AND ACCOUNTING. (a) As used in this Agreement, the term "gross revenue" means the total of all revenue received by the Concessionaire, from whatever source, for services rendered under this Agreement, less State Sales Tax and City Sales Tax, whether for cash or credit or otherwise, of every kind, name, and description, regardless of when or whether paid. (b) Concessionaire shall, with respect to business done under this Contract, keep true and accurate account records, books, and data which shall, among other things, reflect all revenues received and services performed for cash or credit or otherwise in connection herewith. Furthermore, Concessionaire shall establish accounting procedures acceptable to the Bureau and monthly provide all information and data necessary for the Bureau to compute the rental required hereunder. Such information shall include an itemized list for all functions which reflects the number served, cost of meal and coffee breaks. The Bureau shall have the right, at all reasonable times, to inspect all books of accounts and ledgers of the Concessionaire and shall have the right to make or cause to be made audits of those accounts at reasonable intervals. (c) The Concessionaire shall furnish the Bureau annually, the audit of a certified public accountant which shall include, among other things, a statement of the "gross annual income," as defined herein, during the year. The annual accounting shall be provided to the Bureau by the Concessionaire not more than one hundred and twenty (120) days following the end of each year of operation under this Agreement. Page 3 of 14 (1s)agr/concession pm 5. SERVICE PROVIDED. All catering services and concession sales performed under this Agreement shall be conducted under the general supervision of the Center Manager, or his/her authorized representative, and shall be performed in such a way as to not interfere with the orderly operation of events booked into the Center. Concession sales shall be conducted at locations designated by the Center Manager and no vendors or hustlers will be permitted to circulate about the building promoting the sale of any type of merchandise except when specifically authorized by the Center Manager. Portable concession stands may be provided by the Concessionaire in locations and of designs approved by the Center Manager. The Concessionaire agrees that a part of its responsibility under this Contract is to provide food service during all times that the Center is open to the general public, and particularly during events booked into the Center, as specifically required by the Bureau, or its Center Manager. 6. EQUIPMENT/ACCESS. It is understood and agreed that the Concessionaire shall have the sole and exclusive right to use the kitchen, storage space, and sales stand in the Center for concession purposes during the term of this Contract, including reasonable right of necessary ingress and egress to those areas. The Concessionaire shall be responsible for maintaining the premises and equipment in good repair and further agrees to repair or replace any equipment damages through its operation hereunder. A list of equipment on the premises at the commencement of this Agreement is attached hereto, marked Exhibit "A," and by this reference incorporated herein. A list of equipment provided by the Concessionaire at the commencement of this Agreement is attached hereto, marked Exhibit "B," and by this reference incorporated herein. It is understood and agreed that if approved by the Bureau, additional equipment may be installed at Concessionaire's expense, with the agreement that at the end of the Contract, such equipment, except fixtures, shall be the property of the Concessionaire. At the termination of the Agreement, the Concessionaire may remove its own equipment, but will be responsible for leaving the premises in the same condition as existed at the inception of this Agreement, reasonable wear and tear accepted, and will reimburse the Bureau for damage to the premises or equipment missing at the end of the Agreement. Performance of this paragraph shall be conducted to the satisfaction of the Bureau as a condition precedent to releasing the Concessionaire or its surety from obligation. 7. CONDITION OF PREMISES. The Concessionaire SHALL be responsible for maintaining the kitchen, storage, and service areas in a clean and sanitary condition at all times. Although normal janitorial services will be provided by the Bureau in the Grand Hall and Lobby, the Concessionaire shall provide trash and garbage containers of the type approved by the Center Manager or his authorized representative. Furthermore, the Concessionaire shall maintain the premises in accordance with all City regulations, public health and sanitation standards, applicable fire code safety standards, and any and all other applicable ordinances, laws, codes or regulations. The Bureau shall have the right, at all reasonable times, to inspect the premises to insure compliance with this paragraph. Page 4 of 14 (1s)agr/concession pm 8. LIQUOR LICENSE. The Concessionaire shall obtain and maintain a current and valid license for the sale and serving of spirituous liquors for consumption on the premises. The license shall be in the name of the Concessionaire, who shall be directly responsible to the Bureau for lawful operation thereunder and enforcement of all liquor laws. Violation by the Concessionaire of any law or regulation governing the serving of liquor shall constitute a breach of this Agreement which shall afford the Bureau the right to cancel and terminate this Contract. 9. CLOTHING. All employees of the Concessionaire shall be neatly attired in clean uniforms and caps, approved by the Bureau, identifying the Concessionaire. Furthermore, Concessionaire agrees to pay employees the prevailing wage for his/her category of work, but in no instance shall the wage be lower than the Federal minimum wage for such work. 10. PRICING OF GOODS AND SERVICES. (a) The parties agree that the following items may be sold by the Concessionaire on the premises, subject to approval of the sales price by the Center Manager. Hot Dogs Hamburgers Soft Drinks Cocoa Coffee Beer Mixed Drinks Ice Cream Sno-Cones Corn Chips Potato Chips Peanuts Cotton Candy Candy Cigarettes These prices, and any others approved by the Bureau, shall include City of Yakima and other applicable sales or use tax. Furthermore, the Center Manager shall approve, in advance, banquet prices and the prices, size, and content of items not specifically listed above. Chewing gum shall not be sold. All drinks must be served in paper or plastic cups except at banquets, where no paper products shall be used. The Concessionaire may add other items for sale, provided advance approval is obtained by the Center Manager. The Bureau reserves the right to exclude from sale any item not listed. Page 5 of 14 ( ls)agr/concession pm (b) Beer and alcoholic beverages will be sold only with approval of the Center Manager, under the circumstances he/she deems appropriate. It is also agreed that the Concessionaire and Center Manager, by agreement, may reduce prices for bulk sale to individual firms, which will result in proportionate reduction of percentage rental. 11. DELIVERIES. Deliveries of all supplies, goods, wares, merchandise, and equipment shall be made at the service entrance of the building on Monday through Friday, 9:00 A.M. to 4:00 P.M. except for emergencies. 12. RIGHT OF ENTRY. Bureau representatives, including the Center Manager or his/her representative, shall have the unrestricted right to be upon the premises at any time. 13. INDEMNITY. Concessionaire agrees to indemnify and hold harmless the City of Yakima, County of Yakima, Yakima Valley Visitors and Convention Bureau, their officers, employees, and agents against any and all claims, demands, causes of action, damages, costs, and liabilities, in law or in equity, of every kind and nature whatsoever, directly or indirectly resulting from or caused by the use and occupation of the facilities hereinbefore described, whether such use is authorized or not, or from any act or omission of Concessionaire, or any of its officers, agents, employees, guests, patrons, or invitees; and the Concessionaire shall, at its sole risk and expense defend any and all suits, actions, or other legal proceedings which may be brought or instituted against the City of Yakima, County of Yakima, Yakima Valley Visitors and Convention Bureau, their officers, employees, and agents or any such claim, demand or cause of action, and the Concessionaire shall pay and satisfy any judgment or decree which may be rendered against the City of Yakima, County of Yakima, Yakima Valley Visitors and Convention Bureau, their officers, employees, and agents in any such suit, action or other legal proceedings; and the Concessionaire shall pay for any and all damages to the property of the Center for loss or theft of such property done or caused by Concessionaire, its officers, agents, employees, guests, patrons, and invitees. 14. INSURANCE. (a) Property Insurance (Except Earthquake and Flood). Through the term of this Contract, Concessionaire shall, at its sole cost and expense, maintain insurance against the perils of fire and such perils as are included in the standard extended coverage endorsement, including vandalism, and malicious mischief, on furniture, fixtures, and other personal property owned by the Concessionaire. (b) Bodily Injury, Personal Liability, and Property Damage Insurance and Liquor Liability. Concessionaire shall procure and shall maintain, during the life of this Contract, a policy of not less than Two Million Dollars ($2,000,000), single limit, covering bodily injury, personal injury, products liability, and property damage (including legal liability for damage to property of Center) arising out of or in any way connected with the Concessionaire's Page 6 of 14 (ls)agr/concession pm activity. In addition to the Concessionaire, City of Yakima, County of Yakima, Yakima Valley Visitors and Convention Bureau, their officers, employees, and agents shall be named as additional insureds with primary coverage, whether or not such insureds shall have other insurance against any loss covered by said insurance. A copy of the Concessionaire's insurance policy, endorsements, and Certificate of Insurance shall be approved by the City Purchasing Agent and filed in the City Clerk's Office prior to commencement of this Agreement. A copy will also be provided to and kept on file in the Bureau office. (c) Workmen's Compensation Insurance. Concessionaire, by executing this Contract, certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington (RCW) which require industrial insurance coverage for employees, and certifies that it will comply with such provisions before commencing performance of this Contract, and shall present adequate evidence thereof to the Center Manager. (d) Certificates of Insurance. Certificates of insurance shall be furnished to the City of Yakima Purchasing Agent and to the Bureau and shall be kept current at all times. The certificates shall provide that if policy or policies should be cancelled by the insurance company or Concessionaire during the term of this Contract, thirty (30) calendar days written notice prior to the effective date of such cancellation will be given to the Bureau. 15. LAWS AND ORDINANCES. The Concessionaire shall procure all permits and licenses and pay all charges and fees necessary and incidentals to the lawful conduct of its services hereunder. Furthermore, Concessionaire shall be at all times fully informed of all existing and applicable federal, state, and local laws, ordinance, and regulations which in any way affect the fulfillment of this Agreement, and see to the compliance with same. 16. PERFORMANCE BOND. A Performance Bond issued by a professional surety company authorized to do business in the State of Washington in the amount of Forty -Five Thousand Dollars ($45,000) shall be executed and delivered to the City and subject to approval of the Purchasing Agent within ten (10) business days after execution of this Contract to insure the faithful and full performance of all covenants, terms, and conditions of the Concession Agreement. Said surety bond shall be maintained and kept in full force and effect by the successful Concessionaire during the entire term of this Agreement. 17. ASSIGNMENT. Concessionaire shall not assign, transfer, hypothecate, mortgage or otherwise encumber this Contract without having first obtained the written consent of the Bureau. 18. OPERATION OF FACILITY. The Concessionaire agrees to render services to the public in a dignified manner to all persons regardless of race, color, creed, sex, or national origin. Furthermore, no undue pressure, Page 7 of 14 (1s)agr/concession pm persuasion or hocking shall be done in any attempt to influence the public to use the concession and food services of the Concessionaire. 19. VENDING MACHINES. All vending machines of Concessionaire used on the premises shall be of acceptable modular front design. Placement of these machines shall be approved by the Center Manager, as shall contents of all vending machines. It is understood and agreed that no gum or gum type candy will be sold on the premises. 20. PAYMENT FOR UTILITIES. Utilities associated with use of the Center shall be paid by the Bureau, except that the Concessionaire shall pay for all natural gas used in the kitchen and 10% of the monthly electrical bill for the Center. 21. AFFIRMATIVE ACTION. (a) Concessionaire understands that all labor contractors who are issued permits to work within the Center are required to make a concerted effort to employ a work force which is representative of the minority population of the City of Yakima. To the extent that Concessionaire agrees to meet with the Center Manager within fifteen (15) days after the award of the Contract and shall, within ninety (90) days after said award, complete preparation of an affirmative action plan to achieve a fully integrated work force, subject to approval by the Bureau. Pertinent data regarding minority populations within the City of Yakima shall be supplied by the Bureau. (b) The Bureau may terminate any contract for failure by Concessionaire or other labor contractor to demonstrate, without good cause as determined by the Center Manager, compliance with or substantial progress toward the goals set forth in the approved affirmative action plan. Prior to any termination, the Bureau shall give notice of noncompliance and a sixty (60) day period thereafter within which to make progress toward compliance. (c) The Concessionaire will furnish all information and reports required by the Bureau, and will permit access to its books, records, and accounts by the Bureau for purpose of investigation to ascertain compliance with this section. (d) The Concessionaire will, in all solicitations or advertisements for employees placed by or on behalf of the Concessionaire, state that all qualified applicants will receive consideration for employment without regard to sex, race, color, religion, ancestry, or national origin. (e) The Concessionaire will send to each labor union or representative of workers within which it has a collective bargaining agreement, a notice advising the labor union of the Concessionaire's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page 8 of 14 (1s)agr/concession pm (f) In the event of the Concessionaire's noncompliance with the nondiscrimination clauses of its Contract, the Contract may be cancelled, terminated or suspended. (g) The Concessionaire will include the provisions of paragraphs (a) through (d) in every subcontract, so that such provisions will be binding upon each subcontractor or vendor. The Concessionaire will take such action with respect to any subcontract or purchase order as the Bureau may direct as a means of enforcing such provisions; provided, however, that in the event the Concessionaire becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Bureau, the Concessionaire may request Bureau to enter into such litigation to protect the interests of the Bureau. 22. AUTHORITY OF CENTER MANAGER. The Concessionaire understands that the daily operation of the Yakima Convention Center is conducted by the Bureau through its Center Manager, acting for and on behalf of the Bureau. Within the framework of policy established by the Bureau, the Center Manager shall decide any or all questions which may arise as to the acceptability of services rendered by Concessionaire, and as to the manner of performance of Concessionaire's responsibility hereunder. 23. WAIVER OF BUREAU LIABILITY. It is understood by Concessionaire that the Bureau is a lessee of the Center and that all agreements, contracts, and licenses are subject to the terms and conditions of the Bureau's lease with the City of Yakima. Should that lease be terminated or expire or should the Bureau be unable to perform any of the conditions or covenants of its lease provisions with the City of Yakima, then, to that extent, the Concessionaire waives any liability of the Bureau to Concessionaire. 24. NONDISCRIMINATION. During the performance of this Contract, the Concessionaire agrees as follows: (a) The Concessionaire will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Concessionaire agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (b) The Concessionaire will, in all solicitations or advertisements for employees placed by or on behalf of the Concessionaire, state that all qualified applicants will receive consideration for employment without regard to sex, race, color, religion, ancestry, or national origin. Page 9 of 14 (ls)agr/concession pm (c) The Concessionaire will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Concessionaire's commitments under Section 202 or Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Concessionaire will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Concessionaire will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Center for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (1) In the event of the Concessionaire's noncompliance with the nondiscrimination clause of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and the Concessionaire may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. (g) The Concessionaire will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Concessionaire will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provision; including sanctions for noncompliance; provided, however, that in the event the Concessionaire becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Concessionaire may request the United States to enter into such litigation to protect the interests of the United States. 25. ENFORCEMENT OF CONTRACT. In the event any action or suit or proceedings is brought to collect the rent due or to become due hereunder, or any portion hereof, or to take possession of said premises, or to enforce compliance with this Contract, or for failure to observe any of the covenants of this Contract, Concessionaire agrees to pay Bureau a reasonable amount as attorney's fees in addition to the amount found to be due the Bureau. Page 10 of 14 (1s)agr/concession pm 26. BREACH OF CONTRACT. If at any time, in the opinion of the Bureau, within the policy established by Bureau, Concessionaire has failed to render services of proper quality or has failed to perform, keep and observe any of the terms, covenants or conditions herein contained on the part of the Concessionaire to be performed, kept, and observed, Center may give Concessionaire written notice to correct such condition or default and if such condition or default shall continue for ten (10) days after said written notice, then and in that event, the Agreement shall cease and expire. Thereupon the Bureau or its duly authorized representative may employ other parties to carry the Contract to completion in such manner as the Bureau may deem proper. Any excess costs arising therefrom will be charged against the Concessionaire and its surety, who will be liable therefore. In the event of such termination, all money due the Concessionaire or retained under the terms of the Contract shall be forfeited to the Bureau and such forfeiture will not release the Concessionaire or its surety from liability for failure to fulfill the Contract. The Concessionaire and its surety will be credited with the amount of money so forfeited toward any excess costs arising from the termination of the Contract and the completion of it by the Center as above provided. In determining the questions whether there has been any such noncompliance with the Contract, the decision of the Bureau shall be binding upon all parties to the Contract. 27. TERMINATION. The City, Bureau, or Concessionaire may terminate this Agreement, with or without cause, by giving the other respective parties sixty (60) days written notice of termination. Upon termination of this Contract, through passage of time or otherwise, Concessionaire shall assist Bureau in a transfer of the operations within sixty (60) days after notification of termination. At Bureau's election, Concessionaire agrees to sell any or all of the Concessionaire movable fixtures and equipment installed or used upon said premises. In the event Bureau elects to purchase any or all of said fixtures or equipment, then Bureau shall notify Concessionaire in writing at least ten (10) business days prior to termination of this Contract. In the event Bureau exercises its option to purchase any or all of said business fixtures and equipment, the purchase price shall be the fair market value of such items at the date of such termination. If the parties are unable to agree upon the fair market value, each party shall appoint one qualified appraiser and the two appraisers shall determine the fair market value of such items, which determination shall be final and binding upon the parties. The cost of these appraisers shall be shared equally by the Bureau and Concessionaire. 28. SEVERABILITY. It is understood and agreed that if any part of this Contract is held to be illegal, the validity of the remaining provisions shall not be affected. 29. MODIFICATION. No change or addition to this Agreement shall be valid or binding upon either party unless in writing executed by both parties. Page 11 of 14 (ls)agr/concession pm 30. EXCLUSIVE RIGHTS OF CONCESSIONAIRE. It is understood and agreed by these parties that the rights herein granted to Concessionaire are exclusive and that no other person, firm, corporation, or entity shall have the right to provide to the Center or to any tenant or user of the Center, any food, beverage or other product covered by this Agreement for sale to the public or to any user of said premises during the term of this Agreement. The exclusive right to provide food, beverage, and other services covered hereby shall rest only in Concessionaire and no tenant or user of the Center may either employ another to provide such products and services, nor shall any user have the right to provide such products and/or services itself, and no one shall be permitted by the Bureau to allow anyone other than Concessionaire to provide any of the products or services covered by this Agreement throughout the term of this Agreement. Bureau agrees that it will make provision in any agreement for rental or other use of the Center prohibiting any renter or user of any part of the Center from providing food, beverage or other products covered hereby and/or any services covered hereby, except by Concessionaire under the terms and provisions of this Agreement. It is further agreed that Trade Shows and similar events using the Center may provide free samples of food, beverage, and other products covered by this Agreement in connection with such event, but no sales of any product covered by this Agreement shall be made even in Trade Shows or similar events. Neither shall any catering service be provided at any such events. 31. PREMISES SECURITY. The parties understand and agree that Concessionaire has need to be on the premises in the evening and weekends and at other times when the offices of the Bureau are closed. It is understood and agreed that Concessionaire, during all such times, shall be responsible for securing the premises against vandalism, theft and/or intrusion upon the premises by persons trespassing thereupon, which responsibility shall include, but not be limited to, the locking of all outside doors, securing all unnecessary lighting, and all other steps as it may be necessary and reasonable to protect the building when it is being used by the Concessionaire or with the Concessionaire's authority or permission outside of normal business hours. 32. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO BUREAU: Page 12 of 14 (1s)agr/concession pm City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 General Manager Yakima Valley Visitors and Convention Bureau 10 North 8th Street Yakima, WA 98901 TO CONCESSIONAIRE: M & M Catering Services, Inc. 10 North 8th Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 33. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 34. ATTORNEY'S FEES. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. 35. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed this, the day of , 19 APPROVED AND AGREED TO: M & CATIIRING SERVICES;, INC. CITY OF YAKIMA YAKIMA VALLEY VISITORS CONVENTION BUREAU By: K`thy Coffe ener4.1 Manag ;' r ,d STATE OF WASHINGTON County of :ss. B Dick Zais City Manager ATTEST: City Clerk R-qs-/Ltv On this day of /\,00er F_> , 19`"7 , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared T) ,re-) f; s 71-7? ? ° Page 13 of 14 (1s)agr/concession pm the .''' -t ` ,. a f of M & M Catering Services, Inc., and who executed the foregoing instrument, and acknowledged to me that - f, .-- signed and sealed the said instrument as L. free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. 1 Imo, NOTARY PUBLIC in arid -for the State of Washington, residing at 4/ ' Y )4-) r . My commission expires: ' - / - ` . STATE OF WASHINGTON ) :ss. County of On this day of , 19 , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Kathy Coffey, the General Manager of the Yakima Valley Visitors and Convention Bureau, a nonprofit Washington corporation, and who executed the foregoing instrument, and acknowledged to me that she signed and sealed the said instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Page 14 of 14 (1s)agr/concession pm