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HomeMy WebLinkAboutR87-264079 RESOLUTION NO. R87-264 CONCESSION ~GREEMENT optimist S,~mmer Baseball Progr-m A RESOLUTION AND AGREEMENT GP~NTING TO THE OPTIMIST SUMMER BASEBALL PROGRAM 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 optimist Summer Baseball Program (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 optimist summer Baseball Program of the city of Plainview is hereby granted a nonexclusive franchise and permission to operate concessions for sale of cold drinks and confections, sandwiches, hamburgers and such other type of 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: Broadway Street Park. SECTION 3. The term for which this franchise and permission is granted initially is to include the dates of May 1, 1987 through September 1, 1987, and thereafter so long as the lease agreement is in effect, 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 a permanent facility shall be used during this time period. The facilities authorized for use are: (1) the concession stand at the South Field which has been constructed by the Optimist Baseball Program; (2) the concession stand located at the Babe RuthField and being the property of the city of Plainview; (3) the concession stand at Jaycee Field which is also the property of the City of Plainview. A mobile operation is specifically prohibited by this agreement, in reference to food distribution activities. 1 of 3 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 public park areas, their own food and drinks into 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 sanitation 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 p~ovided by the Parks Department. SECTION S. That the concessionaire shall, at his own cost expense, furnish and maintain in good usable condition and amount of moveable equipment · ~ - - . ' ' , a surf fountains ~_ _ , lnc±u~in~ D,~ .... icient · o~uw cases· cash registers,=~ce~cr~- =~m c--- -~l~ted to, coolers soda aDlne=s, bottle , 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 personnel staffing the various concessi6n operations whether they be volunteer or paid personnel., 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 ~1. 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 Departmen= in keeping with the best interests of the public. All prices shall be concessionposted and operations, competitive with prices as normally found at similar SECTION ~2. That the rights and privileges which shall be granted shall not be transferable in nature and no assignment or sub-contract shall be granted without permission of the Parks Department. 2 of 3 SECTION 13. Provided, however, that the Association shall indemnify and hold the City harmless from any and 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 the statutory limits of liability for governmental entities under the Tort claims Act, 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: City Manager of the city of Plainview: The optimist Summer Baseball Program, for itself, its successors and assigns, hereby accepts the attached Agreements, executed by the city Manager of the City of Plainview the day of ..., 1987, and agrees to be bound by all its terms and provisions. President Dated the day of , 1987." SECTION 16. This Agreement shall become effective upon its execution by the parties involved and its acceptance by the optimist Summer Baseball Program, as required in this Section 15. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their respective representatives, on the days and years herein indicated. President optimist Summer Baseball Program Jim Jeffers, city Manager City of Ptainview Date Date 3 of 3 POLICY FOR B~SEB~LL TOURNAM]ENTS Se 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. The Optimist Summer Baseball Program shall be directly responsible for all tournaments staged in the Broadway Street Park. A Tournament Director and one assistant shall be appointed by the optimist 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. 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. In handling the financial arrangements for each tournament, the optimist Summer Baseball Program shall be responsible for all monies and pay the expense of the tournament. If some non-profit organization is sponsoring a tournament for a charitable purpose, the Optimist Summer Baseball Program ~shall handle all receipts and pay the bills, then divide the proceeds with the sponsor as agreed upon by the two parties. No tournament games shall begin after 11 P.M. 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 beprovided at convenient locations by the City Parks. The Tournament Sponsor will be responsible for cleaning up trash after the tournament.