HomeMy WebLinkAboutR-1995-099 Transit Center / Concession Stand411 RESOLUTION NO. R-95- 9 9
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 and Earl Steven Lee and Mel Stubblefield, d/b/a Early's
Concessions to operate a concession stand at the Transit Center.
WHEREAS, the City of Yakima desires to make available to the general public
using the Transit Center merchandise and services for the better accommodation,
convenience, and welfare of the general public; and
WHEREAS, Earl Steven Lee and Mel Stubblefield, d/b/a Early's Concessions are
ready, willing, and able to provide such merchandise and services; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with Earl Steven Lee and Mel Stubblefield, d/b/a Early's Concessions
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 Stand Agreement for the purpose of
operating the concession stand at the Transit Center
ADOPTED BY THE CITY COUNCIL this 25thday of July�l , 1995.
or
ATTEST
City Clerk
CONCESSION STAND AGREEMENT
THIS AGREEMENT is made and entered into this c day of
Ve_ivi, b e. r 1995, by and between the CITY OF YAKIMA, a municipal
corporation, hereinafter referred to as the "City", and EARL STEVEN LEE and
MEL STUBBLEFIELD, d/b/a Early's Concessions, hereinafter referred to as the
"Concessionaire".
WHEREAS, the City owns and operates a Transit Center at 105 S. 4th
Street, Yakima, Washington, to assist the general public in their utilization of
the City's transit system;
WHEREAS, the City desires to make available to the general public using
the facilities, merchandise and services for the better accommodation,
convenience and welfare of the general public;
WHEREAS, the City has requested and received proposals for the
concession rights and privileges of supplying the merchandise and services,
and the City has determined that the Concessionaire submitted the most
satisfactory proposal and has been awarded the Concession;
WHEREAS, the Concessionaire is ready, willing, and able to provide the
merchandise and services in accordance with the terms and conditions stated
herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and the
Concessionaire as follows:
1. Right to Occupy and Operate. The City grants unto the Concessionaire
the exclusive right to operate a concession stand at the Transit Center, and to
sell to visitors thereon food products, non-alcoholic beverages, and other
merchandise approved by the City in accordance with Section 8 of this
Agreement.
2. Term of Agreement. The term of this Agreement shall commence upon
execution and terminate on the 31st day of July, 1997. However, the City and
the Concessionaire may, at their option, by written agreement extend the term
of this Agreement for an additional one (1) year. Said option must be executed
on or by the 31st day of May, 1997.
3. Location of Concession Stand. The Concessionaire shall erect, install,
and maintain the concession stand at a site at the Transit Center designated by
the City within fourteen (14) calendar days of the execution of this Agreement.
The Concessionaire may not relocate the concession stand thereafter without
the prior written approval or request of the City.
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4. Concession Stand and Equipment. The Concessionaire shall furnish
and install all equipment, materials, supplies, etc., necessary for the proper
operation of the concession stand. The suitability and installation location of
said equipment, materials, supplies, etc., must be approved in writing by the
City prior to installation.
5. Maintenance of Concession Stand and Equipment. The
Concessionaire shall maintain the concession stand and all equipment
necessary for the proper operation of the concession stand in a clean, sanitary,
and properly functioning condition at all times and shall conduct the
concession in strictly in accordance with all applicable building code and
public health requirements.
6. Consideration for Concession. In lieu of monetary compensation for
the concession granted herein, the Concessionaire agrees to do the following
services:
a. Maintenance of Transit Center Public Restrooms. During
operation hours, the Concessionaire shall maintain the
Transit Center public restrooms in a clean, sanitary, and
properly functioning condition. During operation hours, the
Concessionaire shall inspect the Transit Center public
restrooms every two (2) hours or sooner to ensure that the
public restrooms are in a clean, sanitary, and properly
functioning condition. The City shall provide the
Concessionaire with the necessary janitorial supplies to
maintain the Transit Center public restrooms.
b. Graffiti Reporting. The Concessionaire shall immediately
report any graffiti present at the Transit Center to the City -
designated employee.
c. Litter Control. During operation hours, the Concessionaire
shall perform litter control throughout the Transit Center.
Accordingly, the Concessionaire shall conduct litter patrols
and collect litter throughout said area every fours (4) hours
or sooner. The Concessionaire shall deposit collected litter
in garbage/refuse containers supplied by the City. The City
shall provide the Concessionaire with other necessary litter
control supplies.
d. Illegal/Suspicious Activity Reporting Requirement. During
operation hours, the Concessionaire shall immediately report
any illegal or suspicious activities observed or reported at the
Transit Center to the Yakima Police Department.
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7. Operating Hours. The Concessionaire shall operate the concession
granted and provide the services required by this Agreement during the
following operating hours:
a. Monday though Friday 5:45 AM - 6:45 PM.
b. Saturday 7:45 AM - 6:45 PM.
c. Operating hours on legal holidays when City Transit System
remains in service (the City will provide a written schedule of
the operating hours to the Concessionaire at least forty-eight
(48) hours in advance of each said legal holidays).
The operating hours are subject to change by the City. The Concessionaire will
be notified in writing in the event that the operating hours are changed.
8. Concession Merchandise. All merchandise sold pursuant to this
Agreement to the general public by the Concessionaire must be approved in
advance by the City. At any time during this Agreement, the City has the right
to disapprove any merchandise the Concessionaire is selling and require that
the Concessionaire immediately stop selling said merchandise.
9. Advertising. All advertising material, including, but not limited to,
menus, price lists, signs, and posters, must conform to Transit Center facility
standards and are subject to prior approval of the City.
10. Utilities. The City shall furnish, without cost to the Concessionaire, the
water and electricity necessary for the effective performance of this Agreement.
Any additional utilities, such as gas or telephone service, shall be installed at
the Concessionaire's expense.
11. Inspection. The City reserves the right to inspect the concession
premises and the Concessionaire's operations on it at any and all reasonable
times throughout the term of this Agreement; provided, however, that it shall
not interfere unduly with the Concessionaire's operations. The right of
inspection reserved to the City hereunder shall impose no obligation upon the
City to make such inspections or to ascertain the condition of the premises and
shall impose no liability upon the City for failure to make such inspections.
12. Indemnification of City. The Concessionaire agrees to protect, defend,
indemnify, and hold harmless the City, its elected officials, agents, officers, and
employees from any and all claims, demands, losses, liens, liabilities, penalties,
fines, lawsuits, and other proceedings and costs and expenses (including
attorneys' fees and disbursements) arising directly or indirectly from or out of,
relating to, or in any way connected with activities undertaken by the
Concessionaire pursuant to this Agreement.
13. Insurance. On or before the effective date of this Agreement,
Concessionaire shall provide the City , proof of liability insurance in the
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amount of One Million Dollars ($1,000,000.00), that clearly states who the
provider is, the amount of coverage, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its officers, agents,
and employees as additional insured.
14. No Insurance. It is understood the City does not maintain liability
insurance for Concessionaire and/or its employees.
15. Status of Concessionaire. Concessionaire and the City understand and
expressly agree that Concessionaire is an independent contractor in the
performance of each and every part of this Agreement. Concessionaire and its
employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and/or retirement.
16. Taxes and Assessments. Concessionaire shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a
tax or assessment as a result of this Agreement, Concessionaire shall pay the
same before it becomes due.
17. Non -Discrimination. During the performance of this Agreement,
Concessionaire shall not discriminate on the basis of race, color, sex, religion,
national origin, creed, marital status, political affiliation, or the presence of any
sensory, mental or physical handicap. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training.
18. Compliance with Law. Concessionaire agrees to perform those services
under and pursuant to this Agreement in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or
otherwise and including but not limited to all laws and regulations governing
the preparation, handling, and serving of foods.
19. Record Keeping. All records created and maintained by the
Concessionaire related to the concession granted hereunder shall be kept on
file by the Concessionaire for a period of three (3) years from the date the
record is made, and the Concessionaire shall grant the City and its agents the
right to inspect said records at any and all reasonable times throughout the
duration of this Agreement.
20. Delegation. The work and services provided for herein shall be
performed by Concessionaire, and no person other than regular associates or
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employees of Concessionaire shall be engaged upon such work or services
except upon written approval of the City.
21. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by
Concessionaire to any other person or entity without the prior written consent
of the City. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and liabilities of
Concessionaire stated herein.
22. Termination. The City may terminate this Agreement, with or without
cause, by giving Concessionaire ten (10) days written notice of termination.
23. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
24. Integration. This written document constitutes the entire agreement
between the City and Concessionaire No changes or additions to this
Agreement shall be valid or binding upon either party unless such change or
addition be in writing and executed by both parties.
25. Waiver of Damages. The Concessionaire recognizes and agrees that the
City shall not be responsible for any damage to or loss of concession stand
equipment, materials, supplies, and/or merchandise. Regardless of the cause
of any such damage or loss, the Concessionaire expressly waives any
corresponding damage and/or loss claim against the City, its elected officials,
officers, agents, and employees.
26. Surrender of Premises. Upon termination of this Agreement, the
Concessionaire shall remove its property and effects from the Transit Center
(including the concession stand and corresponding equipment, materials,
supplies, and merchandise) and peacefully vacate, surrender, and deliver up
possession of the demised Transit Center premises. The Concessionaire shall
also return to the City all equipment, materials, and supplies furnished by the
City in good order and condition, reasonable wear and tear excepted. If the
Concessionaire fails to remove its property and effects within fourteen (14)
calendar days of termination of this Agreement, the City shall have the right to
remove and store all of said property and effects at the expense of the
Concessionaire.
27. Damages Clause. If for any reason Concessionaire fails to provide the
services specified in this Agreement and the City is forced to secure such
services from another person or entity, Concessionaire shall be liable for any
and all additional expenses to fulfill its obligation to the City under this
Agreement. This provision shall not serve as a limitation upon other damages
that may be available to the City pursuant to statutory and/or common law.
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28. 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 CONCESSIONAIRE:
Transit Supervisor
City of Yakima Public Works
Transit Division
2301 Fruitvale Boulevard
Yakima, WA 98902
Earl Steven Lee and Mel Stubblefield
Early's Concessions
1414 East Terrace Heights
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.
29. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
30. 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.
31. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
R.0-1/-\
ais, r., ity Manage
ATTEST:
Acti ty Clerk
CITY CONTRACT HAS --(PC-4
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CONCESSIONAIRE
By.
By:
arl Steven Lee
Melt Stubblefiel
D/B/A Early's oncessions
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. J 0
For Meeting of 7/25/95
Resolution Authorizing and Directing the City Manager and the
City Clerk to execute an agreement to provide concession
services at the down town Transit Center
SUBMITTED BY: Jerry C. Copeland, Director of Public Works
CONTACT PERSON/TELEPHONE: Bill Schultz, transit Manager/575-6005
SUMMARY EXPLANATION:
This issue was last before the City Council at the meeting of July 11, 1995. At the
direction of the Council, the agreement is being resubmitted with an additional
provision. The insurance requirements were increased to one million dollars,
which is the standard amount for such contracts. Council also requested
consideration of adding a performance bond requirement. No other concession
contracts that we are aware of include performance bonds. A bond could be added ($20,000)
based upon an estimate of what it might cost the City to purchase the services
being provided by the concessionaire. However, If the performance bond provision
is to be added, other similar contracts should also be so modified in the future, in
the interest of consistency.
EXHIBITS
Resolution X Ordinance Contract X Other (Specify)
Funding Source Transit Division Operating Budget
APPROVED FOR SUBMITTAL:
ty Manager
STAFF RECOMMENDATION: Concur with Committee recommendation
TRANSIT COMMITTEE RECOMMENDATION: Approve resolution and execute contract
COUNCIL ACTION: Resolution No. R-95-99