Ordinance No. 1,405ORDINANCE NO.1405
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN
TO EXECUTE AND THE CITY CLERK TO ATTEST A CONTRACT WITH RICE VENDING,
INCORPORATED OF HOUSTON,TEXAS,FOR THE CONCESSION AT THE COMMUNITY
CENTER,ROSELAND PARK POOL,AND MCELROY PARK POOL ANDPROVIDING FOR
THEEFFECTIVE DATE HEREOF.
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That theCity Council of the City of Baytown,hereby authorizes
and directs the City Manager and City Clerk of the City of Baytown to execute and
attest to a contract with RiceVending,Incorporated of Houston,Texas,for the
concession at the Community Center,Roseland Park Pool,and McElroy Park Pool,a
copy of said contract marked Exhibit "A"attached hereto and made a part hereof.
Section 2:This ordinance shall take effect from and after its passage
by the City Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
this 24th day of May ,1973.
TOM GENTRY,Mayor
ATTEST:
C
ry
EDNA OLIVER,City Clerk
APPROVED:
EXHIBIT "A"
THE STATE OF TEXAS \
I CONCESSION LICENSE ANDAGREEMENT
COUNTY OF HARRIS \
THIS AGREEMENT,entered into this the dayof
1973,by and between the CITY OF BAYTOWN,a municipal corporation of Harris County,
Texas,hereinafter called "CITY",and RICE VENDING,INCORPORATED,a Texas cor
poration,hereinafter called "CONCESSIONAIRE",WITNESSETH:
WHEREAS,CITY is the owner of the premises commonly referred to as the
Baytown Community Center,and Roseland Park Pool,and McElroy Park Pool;and
WHEREAS,CITY desires to have certain concession beverage and food items
available in such Community Center,and Roseland Park Pool,and McElroy Park Pool
forthe benefit of the public;and
WHEREAS,CONCESSIONAIRE is desirous of entering into an agreement to
place vending machines at various locations within the Community Center,and
Roseland Park Pool,and McElroy Park Pool as approved by CITY,and to place con
cession items in the same for sale to the public;NOW THEREFORE,
In consideration of the promises,covenants,terms and conditions herein
contained,the parties hereby mutually agree as follows:
I.
This agreement shall become effective on the date hereof,and shall continue
until terminated by thirty (30)days'written notice given by one party to the other.
II.
CONCESSIONAIRE will be allowed to place the number andtype of vending'
machines specified by CITY'S Director of Parks and Recreation within the Community
Center,and at Roseland Park Pool,and McElroy Park Pool,and at location designated
by such Director.
III.
CONCESSIONAIRE shall pay to CITY,as consideration for the license hereby
granted to operate such vending machines,the following rentals:
Cup Drink Vendors -30%Commission of Gross Sales
Can Drink Vendors -10%Commission of Gross Sales
Candy &Snack Items -10%Commission of Gross Sales
CONCESSIONAIRE will provide CITY with a record of the previous month's
receipts,and pay such rentals to CITY within ten (10)days after the close of
each calendar month.Failure to provide such record of raceipts or pay such
rentals when due shall constitute a breachof the agreement and shall be grounds
for termination of this agreement by CITY.
IV.
CONCESSIONAIRE shall keep accurate records of all sales and receipts in
accordance with accepted bookkeeping procedures.CITY shall have the right to
inspect the books,records and inventories of CONCESSIONAIRE at any reasonable
time for the purpose of ascertaining the correct amounts due the CITY under the
terms of this agreement.CITY shall further have the optionof having its re
presentative be present when vending machines are restocked and receipts are
removed.
V.
CONCESSIONAIRE shall provide the beverage items and vending concession
items approved by the CITY'S Director of Parks and Recreation.Prices charged
by CONCESSIONAIRE shall be as approved by CITY.
VI.
CONCESSIONAIRE shall furnish and install,as its own expense,any equipment,
materials,supplies,or other items required byit for the proper operation of the
vending concession.Such items shall remain the property of CONCESSIONAIRE.All
maintenance of such machines shall be the responsibility of CONCESSIONAIRE.
VII.
CONCESSIONAIRE shall conduct his activities upon the premises so as not
to endanger any'person lawfully thereon,and shall indemnify,saveand holdharmless
the CITY and all of its officers,agents and employees from anyand all claims for
losses,injuries,damages and liabilities to persons or property occasioned wholly
or in part by the acts or omissions of CONCESSIONAIRE,his agents,officers or
employees.
VIII.
In the eventof the breach of any of the terms ofprovisions of this agree
ment,CITY shall have,in addition to any other recourse,the right to terminate
this agreement,and to removeand exclude all property of CONCESSIONAIRE therefrom.
Upon the termination of this agreement,CONCESSIONAIRE shall immediately remove
all vending machines and other materials relating to the vending concession.
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SIGNED AND ENTERED into this the ._day of ,1973.
0
(CORPORATE SEAL)
CITY OF BAYTOWN
By.
Fntz Lanham,City Manager
ATTEST:
Edna Oliver,City Clerk
(SEAL)
RICE VENDING,INC.
By.
Dean Cox,President
Secretary
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