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HomeMy WebLinkAboutR86-103RESOLUTION NO. R86-103 1986 CONCESSION AGREEMENT Plainview Softball Association AN AGREEMENT GRANTING TO THE PLAINVIEW-SLOW PITCH SOFTBALL ASSOCIATION PERMISSION TO OPERATE CONCESSIONS IN DESIGNATED PARK AREAS OF THE CITY OF PLAINVIEW, PRESCRIBING THE CONDITIONS OF SUCH PERMISSION AND THE TERM FOR WHICH SAID PERMISSION IS GRANTED. WHEREAS, the Plainview Slow Pitch Softball Association (herein referred to as the "AssoCiation'') of the City of Plainview has requested permission and franchise to operate concession stands for the purpose of selling cold drinks and confections and certain types of food in the City Park area of the City of Plainview; and WHEREAS, said Association has represented that it will and intends to use the proceeds thereof for the purpose of promoting recreational sports' and other activities for the citizens of the City of Plainview. NOW, THEREFORE, THE PARTIES AGREE WITH EACH OTHER AS FOLLOWS: SECTION 1. The Plainview Slow. Pitch Softball Association of the City of Plainview is hereby granted a nonexclusive franchise and permission to operate concessions for the sale of cold drinks and confections, sandwiches, hamburgers and such other type foods as are ordinarily sold in and around park areas where crowds gather for activities, subject, however, to the conditions, limitations provided for in this Agreement, and in accordance with all policies and ordinances of the City of Plainview and the Plainview-Hale County Health District. SECTION 2. The area for which said. franchise and permission is granted is as follows: Running Water Regional Park. SECTION 3. The term for which this franchise and permission is granted initially is to include the dates of April 1, 1986 through September 1, 1986, to allow for an evaluation of the performance of the concessionaire and to allow the concessionaire to cease his operations during 'the time when the park areas are not normally receiving maximum use. SECTION 4. That no permanent facility shall be used during this time period, ~but that mobile type equipment shall be used on park-to-park basis to insure low .initial investment on the part of the concessionaire and to insure that a permanent facility specifically designed for concession type sales shall not be erected on park property until an evaluation of the initial operations' is made. The mobile type equipment shall be maintained in an attractive and safe condition as approved by the Parks Superintendent. SECTION 5. That the nonexclusive rights and privileges which shall be granted unto the concessionaire Shall not include catering service to individuals or groups of individuals renting or leasing park building facilities or using park Picnic areas or prevent any individuals or groups from bringing their own food and drinks into public park areas. SECTION 6. That the servicing and dispensing at such time as the public requires, and the locations of such mobile carts or wagons or refreshment stands, and the wholesomeness and sanita=ion of all foods, refreshments, confectionary and beverages be subject to the approval of the Parks Department and the City of Plainview Health Sanitation and Zoning Codes. , SECTION 7. That the concessionaire shall be responsible for the cleanliness of the concession area and shall not permit garbage or other refuse to accumulate or to gather in or about the mobile cart or wagon, except in suitable covered garbage receptacles which shall be provided by the Parks Department. SECTION 8. That the concessionaire shall, at his own cost and expense, furnish and maintain in good usable condition, a sufficient amount of moveable equipment, including, but not limited to, soda fountains, shbw cases, cash registers, ice cream cabinets, bottle coolers, popcorn machines, drink dispensers, refrigerators, coffee urns, tables, etc.,- .as may be necessary to properly furnish the services as needed and in a. manner acceptable to the Parks Department. SECTION 9. That the concessionaire shall use either members of the Association or other related personnel as needed to properly staff the various concession operations as operated in the parks. The concessionaire'shall be responsible for the competency of all volunteerPers°nnel orStaffingpaid personnel.the various concession operations, whether they be SECTION 10' That the Parks Department shall be responsible for approving hours of operation and will govern such times according to public needs and demands. SECTION 11. That the' various foodstuffs and confections including, but not limited to, candies, popcorn, breads, and soft drinks shall be of a high quality and subject to various specifications as determined necessary for the Parks Department in keeping with the best interests of the public. All prices shall be posted and competitive with prices as normally found at similar concession operations. SECTION 12.. That the rights and privileges which shall be granted shall not be transferable in nature and no assignment' or sub-contract shall be granted withou= permission of the Parks Department. 060 SECTION 13. Provided, however, that the Association shall indemnify and hold the City harmless from any all acts of its agents, employees, or any other person aiding and assisting it in performing any act or function under the permission and franchise hereby given and shall furnish the City of Plainview a-certificate showing that it has in force (and it shall keep same in force at all times) a policy of liability insurance with an insurance .company authorized to do business in the State of Texas in an amount of not less than Three Hundred Thousand Dollars ($300,000), as protection of any liability for damages of said Association, its agents, employees, or any other person assisting in the carrying out of any function authorized hereby, and the same shall, in addition to protecting the Association, provide therein that it will also protect the said City of Plainview. SECTION 14. The Association shall furnish the Parks Superintendent a written financial statement at the end of each fiscal year. The Association shall also be able to prepare, at the request of the Parks Superintendent a detailed list of all financial transactions. ' SECTION 15. Association shall, within ten (10) days of the execution of this Agreement by the City Manager of the City of Plainview, file with the City Secretary, a written statement signed in its name and behalf by a duly authorized officer of the Association in the Following form: "Jim Jeffers, City Manager of the City of Plainview: The Plainview Slow Pitch Softball Association, for itself, its successors and assigns, hereby accepts the attached Agreements, execute~ b~ the City Manager of the City of Plainview the /~day of ~- , 1986, and agrees to be bound ~ all of its terms and provisions. ~//~~'~ '~ Dated the ~President SECTION 16. This Agreement shall become effective upon its execution by the parties involved and its acceptance by the Plainview Slow Pitch-Softball Association, as required in this Section 15. /q IN WITNESS 'WHEREOF, the be e~e~uted by their respe6tive her~i4~ndicated. ~ / . ' · President .. . ~ Plainview Slow Pitch ASsoCiation Date '~tr/~G/~ parties have caused these presents to representatives, on the days and year uluy o~ Plainview / POLICY FOR SOFTBALL TOURNAMENTS 1. Ail tournaments must have prior approval of the Parks Superintendent (minimum 2 weeks). It is suggested that all tournaments be scheduled early, so they can be calendered along with regular season schedules. 2. The Plainview Softball Association shall be directly responsible for all tournaments staged in the Regional Park Softball complex. 3. A Tournament Director and one assistant shall be appointed by the Softball Association to oversee all tournaments, (not necessarily the same person each time) and these people will have the responsibility of insuring that the tournament is conducted in a prudent manner. One of these persons must be present at all times during the tournament and will work, as needed, to keep playing facilities ready. 4. The City parks Department shall conduct normal maintenance on the playing fields and the tournament will be responsible for any additional work required. In addition, the Parks Superintendent will have the final decision on whether field conditions warrant play. ' 5. In handling the financial arrangements for each tournament, the Softball Association shall be responsible for all monies and pay the expense of the tournament. If some non-profit organization is sponsoring a tournamenu for a charitable purpose, the Softball Association shall handle all receipts and pay the bills, then divide the proceeds with the sponsor as agreed upon by the two parties. 6. No tournament game shall begin after 11 P.M. 7. A set of written rules, for the tournament, shall be delivered to each team entered and shall include the following, as ordained by City Ordinance: (a) No vehicle will be permitted off the streets and parking lots. (b) No camping will be permitted. (c) All litter must be disposed of in trash receptacles which will be provided at convenient locations by the City Parks Department. 8. The Tournament Sponsor will be responsible for cleaning up trash after the tournament.