HomeMy WebLinkAboutGreat Eats (Richard Todd)i°c ~ . ~ lt, . a
AGREEMENT FOR FOOD CONCESSION SERVICES
THIS AGREEMENT is made and entered into #his ~ day of March,
2007, by and between the CITY OF AUBURN, a municipal corporation of the
State of Washington, whose address is 25 West Main Street, Auburn,
Washington 98001, hereinafter referred to as "CITY", and Richard Todd, a sole
proprietor, d/b/a GREAT EATS, a licensed business under the laws of the state
of Washington, whose address is 25204 - 146;" Avenue Southeast, Kent,
Washington 98042, hereinafter referred to as "CONCESSIONAIRE".
WHEREAS, The CITY is the owner of the premises commonly known as
the Auburn Golf Course, located at 29630 Green River Road in Auburn,
Washington; and
WHEREAS, the CITY desires food and beverage services for clients of the
course while the new clubhouse building is being constructed; and
NOW THEREFORE, in consideration of the promises, covenants, terms,
and conditions herein contained, the parties agree as follows:
1. PURPOSE.
The purpose of this Agreement is to contract with Concessionaire
to provide a food concession at the Auburn Golf Course for the
benefit of the participants and guests.
2. TERMS OF AGREEMENT.
The term of this Agreement shall commence on the 30t" day
of March, 2007, and terminate on the 30t" day of August, 2007,
Concession Agreement -Great Eats
February 5, 2007
Page 1 of 14
unless sooner terminated as hereinafter described and provided.
The Concessionaire agrees that the concession shall operate for
the stated period beginning on the commencement date and
continue through the date of termination.
3. SCOPE OF SERVICES.
A. The Concessionaire agrees to pay the CITY seven per cent
(7%) of the gross receipts earned during the time of
operation. The term "Gross Receipts" shall include the total
amount in dollars of the actual price charged, whether for
cash or on credit, for all sales by the Concessionaire for food
and beverages, and all other receipts from business
conducted at, in, on, about or from the Concession Areas.
B. Concessionaire shall deliver to the CITY, on or before the
20t" day of each month following the first day of operations,
(1) a written monthly point- of-sales report for the prior
calendar month period. This report will consist of all Gross
Receipts from concessions for this period in a form
reasonably approved by the CITY; and (2) remit payment to
the CITY for the percentage of fees for this period calculated
in accordance with Section A. above.
C. The percentage fees are referred to as the "Concession
Fees." All required payments of Concession Fees and the
monthly Gross Receipt reports shall be delivered to:
Concession Agreement -Great Eats
February 5, 2007
Page 2 of 14
Daryl Faber, Director
Auburn Parks, Arts and Recreation
910 Ninth Street Southeast
Auburn, Washington 98002
D. Sales shall be limited to food items, soft drinks and beer
(provided the proper liquor permit is procured); the
Concessionaire shall not sell or provide sunflower seeds,
unshelled peanuts, gum, or products served in or packaged
in Styrofoam.
E. Concessionaire will provide complete food services, in
compliance with all applicable health and food service
regulations, in and from the Concession for a minimum of
eight (8) consecutive hours per day during each day of golf
course operations. This schedule includes all holidays and
all weekends; and provide limited food service as reasonably
approved by the CITY. The Concessionaire shall determine
which actual hours during each day the Concession Trailer
shall be open.
4. NONDISCRIMINATION.
The Concessionaire shall provide service to the general
public without discrimination as to age, sex, color, creed, national
origin or mental, sensory, or physical handicap.
5. OPERATIONS AND SERVICE.
A. The Concessionaire shall
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February 5, 2007
Page 3 of 14
1. Provide the number of personnel (in Concessionaire's sole,
reasonable judgment) to adequately manage and staff the
Concession Area. Personnel shall include a manager,
whose principal employment responsibility shall be the
management of this Concession and who shall spend a
majority of his/her hours on site at the facility.
2. Prepare the application for, and assume responsibility for,
all costs and expenses of obtaining the appropriate license
issued by the Washington State Liquor Control Board.
Concessionaire shall abide by the rules and regulations of
the Liquor Control Board relative to any such licenses. The
CITY shall cooperate in the application including without
limitation, executing any reasonable, appropriate
documents as "owner" of the Concession Areas that may
be required in conjunction with such application.
3. Keep the areas for which the Concessionaire is
responsible under this agreement open and use them to
transact business with the public daily during hours
designated by the Concessionaire.
4. Concessionaire shall, at all times, keep the Concession
Area and locations identified as being Concessionaire's
responsibility, in a neat, clean, safe and sanitary condition
and in compliance with all applicable codes and in
accordance to the standards set forth.
B. The CITY shall allow the Concessionaire to operate
beverage/snack cart(s) ("Beverage Cart") on the golf course.
The Beverage Cart may serve and sell beverages and food
items.
C. The Concessionaire shall establish all prices for goods and
services provided by Concessionaire in the Concession
Areas and Beverage Cart, subject to the right of the City to
periodically review the price schedules for all food and
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February 5, 2007
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beverages to ensure competitive pricing with other golf
course concessions.
D. The Concessionaire, may not subcontract all or any portion
of the Concession Areas or Beverage Cart operations.
E. The following shall be excluded from the Concessionaire's
operation: Non-food products, unless approved by the CITY.
F. All signs (entry, interior, exterior) and graphics placed upon
or affixed to any of the Concession Areas shall be subject to
the prior written approval of the CITY, which approval shall
not be unreasonably withheld, conditioned or delayed.
G. Related Rights
The CITY shall have the right, at any time, to establish
necessary, reasonable rules and regulations in the use of
the facility, grounds, golf course, and proximate areas
provided that the CITY shall give thirty (30) days written
notice to CONCESSIONAIRE prior to imposing such rules
and regulations.
H. Utilities, power and water, shall be paid by the City.
6. EMPLOYEE CONDUCT
A. Concessionaire recognizes that, although it is operating the
concession facilities as an independent operator for profit,
the City's Department of Parks, Arts, and Recreation is
organized and exists for the purpose of maintaining parks
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February 5, 2007
Page 5 of 14
and recreation facilities for the use and enjoyment of the
general public. The Concessionaire and its employees will
devote their best efforts toward rendering courteous service
to the public as though the Concessionaire and its
employees are employees of the City, with a view of adding
to the enjoyment of the patrons of this recreational facility.
B. The Concessionaire shall operate and conduct the concessions in
the Concession Areas in a business-like manner, and will not
permit any acts or conduct on the part of the Concessionaire's
employees that would be detrimental to the City's image and
operation of the golf course.
7. INCOME STATEMENT AND RIGHT TO INSPECT itECORDS.
The Concessionaire shall submit to the Director of Parks,
Arts and Recreation, no later than ten (10) days following the
scheduled use of the concession area, i.e. ten (10 days from the
date this agreement terminates), a statement of the gross and net
profit of the concession for that period of operation.
The Concessionaire, shall keep accurate records and the
CITY shall have the right to inspect the books, records, and
inventories of the Concessionaire at any reasonable time for the
purpose of ascertaining compliance with this Agreement. If the
Concessionaire conducts business operations at a location outside
the Concession Areas, the Concessionaire shall adopt an
Concession Agreement -Great Eats
February 5, 2007
Page 6 of 14
accounting system to accurately reflect the Gross Receipts and
expenses derived from the Concession Areas to include
beverage/snack cart sales. The Concessionaire shall record all
Concession sales using systems which electronically and/or
digitally record and identify the dates of sates and the types and
amounts of each transaction (so-called "point of sale" or "POS"
systems}. The electronic and/or digital POS system data files from
the Concession Areas may be required to be turned in to the City
and are also subject to annual on-site inspections. All electronic
and/or digital POS system data files are to be maintained for two
(2) years.
8. INDEMNIFICATION/HOLD HARMLESS.
The Concessionaire agrees to defend, indemnify, and hold
harmless the CITY, its elected and appointed officials, employees,
and agents from and against any and all claims, demands and/or
causes of action of any kind or character whatsoever arising out of
or relating to the Concessionaire, its employees, subcontractors, or
agents for any and all claims by any persons for alleged personal
injury, death, or damage to their persons or property to the extent
caused by the negligent acts, errors, or omissions of the
Concessionaire, its employees, agents, subcontractors, or
representatives. In the event any suit or claim for damages based
upon such claim, action, loss, or damages is brought against the
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February 5, 2007
Page 7 of 14
CITY, the Concessionaire shall defend the same at its sole cost
and expense; provided that the CITY retains the right to participate
in said suit if any principle of governmental or public law is involved;
and if final judgment be rendered against the CITY and/or its
officers, agents, and/or employees or any of them or jointly against
the CITY and the Concessionaire and their respective officers,
agents, subcontractors, employees, or any of them, the
Concessionaire agrees to fully satisfy the same and the
Concessionaire shall reimburse the CITY for any cost and expense
which the CITY has incurred as a result of such claim or suit. The
provisions of this section shall survive the expiration or termination
of this Agreement.
9. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the Concessionaire is
an independent contractor and not the agent or employee of the
CITY and that no liability shall attach to the CITY by reason of
entering into this Agreement except as otherwise provided herein.
The parties agree that this contract may not be assigned in whole
or in part without the written consent of the CITY.
10. INSURANCE.
Concessionaire shall procure and maintain, for the duration
of this Agreement, liability insurance against claims for injuries
against claims for injuries to persons or damages to property which
Concession Agreement -Great Eats
February 5, 2007
Page 8 of 14
may arise from, or in connection with, services provided to the CITY
by the Concessionaire, its agents, employees, or subcontractors,
under this Agreement. The Concessionaire agrees to provide
comprehensive general liability insurance and shall maintain liability
limits of no less than One Million Dollars ($1,000,000.) combined
single limit per occurrence for bodily injury, personal injury,
products liability, and property damage. Any deductible or self-
insured retentions in either policies must be declared to, and
approved by, the CITY. At the option of the CITY, either the insurer
shall reduce or eliminate such deductibles or self insured retentions
as respects the CITY, or procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense
expense. The policy is to contain, or be endorsed to contain, the
following provisions:
A. The CITY, its officers, employees, and agents are to be
covered as insureds as respect: Liability arising out of
services or responsibilities performed by or under the
obligation of the Concessionaire under the terms of this
Agreement, its employees, agents, and subcontractors. The
coverage shall contain no special limitations on the scope of
protection afforded to the CITY, its officials, employees, or
agents.
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February 5, 2007
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B. Any failure to comply with reporting provisions of the policy
shall not affect coverage provided to the CITY, its officials,
employees, or agents.
C. Coverage shall state that the Concessionaire's insurance
shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of
the insurer's liability.
D. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled, reduced in coverage or in limits, except
after thirty (30) days prior written notice by certified mail
return receipt requested has been given to the CITY. The
Concessionaire agrees to provide copies of the Certificates
of Insurance to the CITY at the time this Agreement takes
effect.
E. The Concessionaire shall furnish the CITY with Certificates
of Insurance and with original endorsements affecting
coverage required by this clause. The CITY reserves the
right to require that complete, certified copies of all required
insurance policies be submitted to the CITY at any time.
11. TERMINATION OF AGREEMENT.
A. This Agreement may be cancelled by either party upon two
(2) weeks written notice.
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February 5, 2007
Page 10 of 14
B. Upon the termination of this Agreement, the Concessionaire
shall clear and remove the concession trailer from the golf
course property within two (2) days.
12. RIGHT TO INSPECTION.
The CITY shall have the right to make inspections at any
reasonable time to assure compliance with this Agreement.
13. DISPLAY OF HEALTH DEPARTMENT PERMITS.
Concessionaire is required to obtain and display all Health
Department permits, which are required by law. Concessionaire
agrees to operate the concession in compliance with all applicable
Health Department requirements.
14. ADMINISTRATION OF AGREEMENT.
This Agreement shall be administered by Richard Todd, on
behalf of the Concessionaire, and by the Mayor of the City, or
designee, on behalf of the City. Any written notices required by the
terms of this Agreement shall be served on or mailed to the
following addresses:
CITY OF AUBURN
Auburn City Hall
25 West Main
Auburn, WA 98001-4998
Phone (253) 931-3000
FAX (253) 931-3053
CONCESSIONAIRE
Richard Todd
25204 - 146~h Ave. SE
Kent, Washington 98042
Phone (253)
FAX (253)
15. NOTICES.
All notices or communications permitted or required to be
given under this Agreement shall be in writing and shall be deemed
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February 5, 2007
Page 11 of 14
to have been duly given if delivered in person or deposited in the
United States mail, postage prepaid, for mailing by certified mail,
return receipt requested, and addressed, if to a party of this
Agreement, to the address for the party set forth above, or if to a
person not a party to this Agreement, to the address designated by
a party to this Agreement in the foregoing manner. Any party may
change his, her or its address by giving notice in writing, stating his,
her or its new address, to any other party, all pursuant to the
procedure set forth in this section of the Agreement.
16. GENERAL PROV{SION
A. No waiver by either party of any breach or default hereunder
shall be deemed a waiver of any preceding or any
subsequent breach or default.
B. This Agreement may not be changed or modified nor any
provision hereof waived except in writing agreed to by both
parties.
C. This Agreement shall be construed in accordance with any
and all questions with respect hereto by the laws of the State
of Washington.
D. Either party agrees to pay all reasonable costs, attorneys'
fees and expenses that may be incurred by the other party
who substantially prevails in enforcing the provisions of this
Agreement.
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February 5, 2007
Page 12 of 14
E. In the performance of the services, the Concessionaire
agrees to comply with all applicable federal, state, and local
laws, rules, and regulations.
F. Notices required pursuant to this Agreement shall be mailed
to the parties at the addresses set forth above and shall be
deemed given when so mailed.
_ ~
B. LEWIS,
MAYOR
ATTEST:
~~
~_-
Danielle Daskam
City Clerk
Concession Agreement -Great Eats
February 5, 2007
Page 13 of 14
CONCESSIONAIRE
~... _
Richard Todd, Sole Proprietor
STATE OF WASHINGTON)
ss
COUNTY OF KING )
On this ~ day of ~~~~~'~'~ 2007, before me, the
undersigned, a Notary Public in and for the State of Washington, personally
appeared Richard Todd, to me known to be the Sole Proprietor of the GREAT
EATS, a business licensed in the state of Washington, that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act of said non-profit organization, for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute said
instrument on behalf of said non-profit organization.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the date hereinabove set forth. _
y-~,r,
~~i'~~(~NE C. ~~~_
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A': •-
`~ V v~.~OT~Y~.< ; NOTARY PUBLIC in and f~r~th~ Sta a of
~ ~,,,,,, ~ Washington, residing at ~`~
pV~L~G : _ ~ MY COMMISSION expires //
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Concession Agreement -Great Eats
February 5, 2007
Page 14 of 14
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AGREEMENT FOR FOOD CONCESSION SERVICES ADDENDUM
J/~'!
This Memorandum of Understanding is made and entered into this °~ day ~-P4ay,
2007, by and between the City of Auburn, Washington, whose address is 25 West Main Street,
Auburn, Washington 98002, a municipality of King County, Washington, hereinafter referred to as
CITY, and RICHARD Todd of GREAT EATS, a licensed business under the laws of the state of
Washington, whose address is 25204 - 146'h Avenue Southeast, Kent, Washington 98042,
hereinafter referred to as CATERER.
WHEREAS, the CITY owns and operates the Auburn Golf Course located at 29630 Green
River Road Southeast, Auburn, Washington; and
WHEREAS, the CATERER is currently providing limited food service at the Auburn Golf
Course, and is interested in providing additional food and beverage services there in the interim
prior to the opening of the newly constructed clubhouse and any agreed upon time frame
following ;and
WHEREAS, the CITY has purchased aconcession/beverage cart and has agreed to lease
this cart to CATERER under the terms herein stated;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of
which is acknowledged, the parties agree as follows:
CITY purchased the concession cart for the amount of Ten Thousand Five Hundred
and No/100s Dollars ($10,500.) based on a four-year (4-year) amortization,
resulting in the amount divided by 48 months equaling $218.00 per month, and is
willing to lease said cart to CATERER.
2. CATERER agrees to:
a. Lease the concession cart from CITY for the monthly sum of Two Hundred
and No/100s Dollars ($200.00) plus seven percent (7%) of all gross sales.
Any partial month rental time will be pro-rated. Payment will be made to
CITY on the first day of each month during the term of this agreement.
b. CATERER may purchase gas from the CITY at the same rate it is delivered
to the Auburn Golf Course Maintenance Shop, or he may purchase his own
fuel separately.
c. CATERER will be responsible for all maintenance and/or repair costs
associated with the concession cart during the term of the lease.
d. Should damages or maintenance of the concession cart require CITY staff
services, CATERER will be billed for services at the staff member's hourly
rate plus any cost of goods/parts required to make necessary repairs.
e. CATERER will store concession cart in an area of the Auburn Golf Course
Maintenance Building, as approved by Greens Superintendent Kevin Van.
Agreement for Food Concession Services-Addendum
May 18, 2007
Page 1 of 2
4 Termination. Either party, upon thirty (30) days written notice, may terminate this
agreement without penalty
5 Approval This Agreement Addendum shall be operative and efFective only after it
has been approved and signed by both parties.
GREAT EATS CATERING
~. ~~_.,
RICHARD TO
CITY OF AUBURN
~~, z-/~
DARYL ABER
DIRECTOR, AUBURN PARKS, ARTS & RECREATION
ATTEST:
C~-G~,
Danielle Daskam.
City Clerk
APPROVED AS TO FORM:
I id,
City Attorney
Agreement for Food Concession Services-Addendum
May 18, 2007
Page 2 of 2