HomeMy WebLinkAboutConcession Services Agreement with Darin Larsen for Concession Services at Tully Park (2)AGREEMENT
FOR
CONCESSION SERVICES
THIS AGREEMENT FOR CONCESSION SERVICES is made thio 541J�day of
MAY—, 2411, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Darin Larson,
hereinafter referred to as "CONCESSIONAIRE", whose business address is 2496 N
Man O War Ave. Meridian, ID 83646.
INTRODUCTION
Whereas, the City has a need for services involving Concession
Services at Tully Park; and
WHEREAS, the Concessionaire is specially trained, experienced,
licensed and competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 CONCESSIONAIRE shall perform and furnish to the City upon
execution of this Agreement and receipt of the City's written notice to
proceed, all services, and comply in all respects, as specified in the
document titled "Scope of Services" a copy of which is attached hereto as
Exhibit "A" and incorporated herein by this reference, together with any
amendments that may be agreed to in writing by the parties.
1.2 The Concessionaire shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state, city and health department laws, ordinances,
regulations and resolutions. The Concessionaire represents and warrants
that it will perform it's work in accordance with generally accepted industry
standards and practices for the profession or professions that are used in
performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 1 of 10
Concessionaire and any reports or opinions prepared or issued as part of
the work performed by the Concessionaire under this Agreement,
Concessionaire makes no other warranties, either express or implied, as
part of this Agreement.
1.3 Services and work provide by the Concessionaire at the City's
request under this Agreement will be performed in a timely manner in
accordance with a Schedule of Work, which the parties hereto shall agree
to. The Schedule of Work may be revised from time to time upon mutual
written consent of the parties.
2. Consideration
The City shall be compensated monthly as provided in Exhibit B
"Payment Schedule" attached hereto and by reference made a part
hereof.
3. Time of Performance:
This agreement shall become effective upon execution by both parties,
and shall expire upon completion of the agreed upon services, September
30, 2011 or unless sooner terminated as provided below or unless some
other method or time of termination is listed in Exhibit A. This Agreement
shall terminate automatically on the occurrence of (a) bankruptcy or
insolvency of either party, or (b) sale of Concessionaires business.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONCESSIONAIRE
shall be acting as an independent contractor, and neither
CONCESSIONAIRE nor any officer, employee or agent of
CONCESSIONAIRE will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Concessionaire has no authority or
responsibility to exercise any rights or power vested in the City. The
selection and designation of the personnel of the CITY in the performance
of this agreement shall be made by the CITY.
4.2 Concessionaire shall determine the method, details and means of
performing the work and services to be provided by Concessionaire under
this Agreement. Concessionaire shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 2 of 10
control with respect to the physical action or activities of Concessionaire in
fulfillment of this Agreement.
5. Indemnification and Insurance:
CONCESSIONAIRE shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONCESSIONAIRE, its servants, agents, officers, employees, guests,
and business invitees, and not caused by or arising out of the tortuous
conduct of CITY or its employees. CONCESSIONAIRE shall maintain,
and specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance, in which the CITY shall be named an
additional insured in the minimum amounts as follow: General Liability
One Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONCESSIONAIRE covenants and agrees to indemnify and save and
hold harmless CITY from and for all such losses, claims, actions, or
judgments for damages or injury to persons or property and other costs,
including litigation costs and attorneys' fees, arising out of, resulting from ,
or in connection with the performance of this Agreement by the
Concessionaire or Concessionaire's officers, employs, agents,
representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible
property, including use of. CONCESSIONAIRE shall provide CITY with a
Certificate of Insurance, or other proof of insurance evidencing
CONCESSIONAIRE'S compliance with the requirements of this paragraph
and file such proof of insurance with the CITY at least ten (10) days prior
to the date Concessionaire begins performance of it's obligations under
this Agreement. In the event the insurance minimums are changed,
CONCESSIONAIRE shall immediately submit proof of compliance with
the changed limits. A copy of the CONCESSIONAIRE'S Health
Department license shall be submitted to the City prior to commencing
services. Evidence of all insurance and licenses shall be submitted to the
City Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 3 of 10
6. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Darin Larson
2496 N Man O War Ave
Meridian, ID 83646
208-703-2051
Larsondarin2010@gmail.com
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
7. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
8. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
9. Assignment: It is expressly agreed and understood by the parties hereto,
that CONCESSIONAIRE shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
10. Discrimination Prohibited: In performing the Services required herein,
CONCESSIONAIRE shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 4 of 10
11. Reports and Information:
11.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, sales
receipts, cash register tapes, data and information as the CITY may
request pertaining to matters covered by this Agreement.
11.2 Concessionaire shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
12. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONCESSIONAIRE'S records with
respect to all matters covered by this Agreement. CONCESSIONAIRE
shall permit the CITY to audit, examine, and make excerpts or transcripts
from such records, and to make audits of all contracts, invoices, sales
receipts, cash register tapes, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by
this Agreement.
13. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
14. Compliance with Laws: In performing the scope of services required
hereunder, CONCESSIONAIRE shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the
Scope of Services to be performed hereunder. Such changes, including
any increase or decrease in the amount of CONCESSIONAIRE'S
compensation, which are mutually agreed upon by and between the CITY
and CONCESSIONAIRE, shall be incorporated in written amendments to
this Agreement.
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 5 of 10
16. Termination: If, through any cause, CONCESSIONAIRE, its officers,
employees, or agents fails to fulfill in a timely and proper manner its
obligations under this Agreement, violates any of the covenants,
agreements, or stipulations of this Agreement, falsifies any record or
document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of
this contract, or if the City Council determines that termination of this
Agreement is in the best interest of CITY, the CITY shall thereupon have
the right to terminate this Agreement by giving written notice to
CONCESSIONAIRE of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONCESSIONAIRE may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
Notwithstanding the above, CONCESSIONAIRE shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONCESSIONAIRE, and the CITY may
withhold any payments to CONCESSIONAIRE for the purposes of set-off
until such time as the exact amount of damages due the CITY from
CONCESSIONAIRE is determined. This provision shall survive the
termination of this agreement and shall not relieve CONCESSIONAIRE of
its liability to the CITY for damages.
17. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
18. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
it's attorney's or the opportunity to seek such advice.
19. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
20. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
21. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 6 of 10
CITY OF MERIDIAN
BY: `. r: A-4 }, rrr45 ,
KEITH WATTS, Purch sing Vanager
Dated:„
Approved as to Form
CITY ATTORNEY
DARIN LARSON
/ G�.re� Crrsa�
BY: Darin Larson
Dated: 5— Z3 —/J
Parks Department Approval
BY:
NAME: 0 ri/t IA4 ° SS
TITLE:
Dated:
CONCESSION SVC'S AGREEMENT 2011 Darin Larson page 7 of 10
A.
Exhibit A
SCOPE OF SERVICES
Tully Park Snow Cone Concessions 2011
1. Provide and operate one (1) concession trailer with services per proposal
received May 10, 2011. Dates are from May 21, 2011 to September 11,
2011 at Tully Park. Activities are specified s follows:
a) Monday through Sunday, May 21, 2011 to September 11, 2011.
b) Minimum times of operation:
1)
Saturday and Sunday, 12:00 p.m. — 7:00 p.m
2)
Monday through Friday, 3:00 p.m. — 8:00 p.m.
3)
Additional dates and/or times at the request of
Meridian Parks and Recreation Department.
4)
Vendor may choose to be open during times that
exceed these minimums, however hours are to
remain consistent.
5)
The Park closes at Sunset.
c) Exceptions to minimum dates and hours of operation may
be allowed in the event of adverse weather or other
prohibitive conditions.
2. Menu items
Shave Ice, Smoothies, Slushies, Cotton Candy, Water
Prices: Drinks — Small = $2.00, Medium = $2.50, Large = $3.00
Other items: $1.00
Concessions Building
1. Must be provided by vendor
2. Vendor responsible for transporting his/her building to Tully Park and
placing it on the concrete pad located at the southeast corner of the
parking lot.
3. Building must be 10'x12" or smaller.
4. City of Meridian will provide an electrical outlet.
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 8 of 10
C.
Q
5. Vendor must removed building from the park within fourteen (14) days of
the last date of vending.
6. Vendor will be responsible for the maintenance and upkeep of the
concessions building at all times.
7. Meridian Parks and Recreation Department will maintain the concrete pad
and electrical outlet used to power the concessions building.
8. Meridian Parks and Recreation Department will not be responsible for
damage to concessions building due to events such as extreme weather
and vandalism.
Electricity
1. After the concession's building has been placed in Tully Park and before
the vending season has begun, Meridian Parks and Recreation
Department staff will use a kilowatt meter to determine power
consumption.
2. Meridian Parks and Recreation staff will work with the Vendor to estimate
power consumption for the summer based on proposed hours and dates
of operation.
3. Power consumption estimate will be added to the vendor's lease rate to
operate the snow cone shack for the summer.
Additional requirements
Must have or obtain all necessary Central District Health
Department permits.
2. Provide a copy of current liability insurance certificate with the City
of Meridian names as additionally insured.
3. Provide Worker's Compensation insurance if employing one or
more persons to work in concession building.
4. Provide fingerprints and undergo a criminal background check. A
criminal background check is also required of any and all
employees.
5. Must provide a valid Idaho State Tax Resale number.
CONCESSION SVC'S AGREEMENT 2011 — Darin Larson page 9 of 10
Exhibit B
PAYMENT SCHEDULE
A. Fees for the above listed trailer concession services will be paid to the City in
on a monthly bases as described below.
TASK
DESCRIPTION
Amount due on the Ist day
of June, July and August,
2011
Tully Park Snow Cone Concessions
A
500.00 total fee to be paid to the City in three
$166.67
e ual monthly installments
Estimated Electrical Power Costs
$33.33
B.
($100 estimated electrical cost to be paid to the
City in three equal monthly installments.)**
TOTAL MONTHLY FEE
$200.00
"*This amount is an estimate only and the true cost will be based on the kilowatt reading taken at the time
the concession stand is placed in Tully Park per the requirements and method stated in Exhibit A, Section
C. The estimated cost will be adjusted accordingly at that time by utilizing a Contract Amendment.
CONCESSION SVC'S AGREEMENT 2011 - Darin Larson page 10 of 10