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%
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(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
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(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.
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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.
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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.
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(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
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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,
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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.
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(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.
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(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.
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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.
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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:
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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? ? °
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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:
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