Loading...
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. Page 1 of 6 cio),cr/Conco.::on SCand ngr,,,,mcmc.mm 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. Page 2 of 6 (1sIagr/Concc,..._on Stand Agrr.cmcnt.pm 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 Page 3 of 6 11. )anr/Concc::,lon Stand A,r,omenC pm 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 Page 4 of 6 (1..)aar/Concoction Stand Agreement., 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. Page 5 of 6 (1s Iagi/Concco;lon Stand Agreemen,pm 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 f- °ts-ciq Page 6 of 6 (1:.)aar/Conco ion .Stand Agr,ement.pm 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