Ordinance No. 4,06350124 --4
ORDINANCE NO. 4063
AN ORDINANCE ACCEPTING THE BID OF ZAMBELLI FIREWORKS
MANUFACTURING COMPANY FOR THE ANNUAL FIREWORKS DISPLAY
CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF
BAYTOWN OF THE SUM OF TWO THOUSAND SEVEN HUNDRED
NINETY -SIX AND 52/100 ($2,796.52) DOLLARS.
WHEREAS, the City Council of the City of Baytown did authorize the
Purchasing Department for the City of Baytown to advertise for bids for the annual
fireworks display contract to be received January 3, 1984; and
WHEREAS, notice to bidders as to the time and place, when and where the
contract would be let was published pursuant to the provisions of Section 74 of the
Charter of the City of Baytown; and
WHEREAS, all bids were opened and publicly read at City Hall at 2:00 p.m.,
Thursday, January 3, 1984, as per published notice to bidders; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby accepts the
bid of Zambelli Fireworks Manufacturing Company for the annual fireworks display
contract for the sum of TWO THOUSAND SEVEN HUNDRED NINETY -SIX AND
52/100 ($2,796.52) DOLLARS, and authorizes payment thereof.
Section 2: This ordinance shall take effect immediately 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 of the City of Baytown, this the 24th day of January, 1985.
ALLEN CANNON, Mayor
ATTEST:
y �
EILEEN P. HALL, City Clerk'
■ ST IONG-1-011 '+
TI-E STATE OF TEXAS §
COLNTY OF HARR I S §
50124 -4a
CONCESSION LICENSE AND AGREEMENT
THIS AGREEMENT, entered
into this
the
— day
of
, 1985, by and
between
the CITY OF
BAYTOWN,
a
municipal corporation of Harris County, Texas, hereinafter called
"City," and HOLtAES CONCESSION, hereinafter called
"CONCESSIONAIRE."
W I T N E S S E T H
V&- 1EREAS9 CITY is the owner of the premises commonly referred
to as the Baytown Sports Complex; and
1M- fEREAS, CITY desires to have certain concession beverages
and food items available in such Baytown Sports Complex for the
benefit of the public; and
WHEREAS, CONCESSIONAIRE is desirous of entering into an
agreement to place concession items for sale to the public within
the Baytown Sports Complex as approved by CITY; NOW THEREFORE,
In consideration of the promises, convenants, terms, and
conditions herein contained, the parties mutually agree as
follows:
I
This agreement shall become effective immediately and shall
terminate on December 31, 1986 or by thirty (30) days written
notice given by one party to the other.
II
CONCESSIONAIRE will be allowed to place the number and types
of equipment necessary for its operation as specified by CITY'S
Director of Parks and Recreation within the Baytown Sports
Complex (excluding the swinming pool).
III
CONCESSIONAIRE shall pay to CITY, as consideration for the
license
hereby
granted to
operate such
equipment,
the following
rental:
15%
of gross
revenue,
provided,
however, that
C0,4CESSIONAIRE shall pay CITY a minimum of THREE THOUSAND FIVE
AND NO/100 ($3,500-00) DOLLARS on or before December 31 , of each
year.
50124 -4b
IV
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 receipts or pay such rentals when due
shall constitute a breach of the agreement and shall be grounds
for termination of this agreement by CITY.
V
CONCESSIONAIRE shall keep accurate records of al 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 option
of having its representative be present when vending machines are
restocked and receipts are removed.
VI
CONCESSIONAIRE shall provide the food and beverage items
approved by the CITY's Director of Parks and Recreation. Prices
charged by CONCESSIONAIRE sha.11 be approved by CITY.
VII
CONCESSIONAIRE shall furnish and install, at its own
expense, any equipment, materials, supplies, or other items
required for its proper operation. Such items shall remain the
property of CONCESSIONAIRE. All maintenance of such equipment
shall be the responsibility of CONCESSIONAIRE.
VIII
CONCESSIONAIRE shall conduct his activities upon the
premises so as not to endanger any person lawfully thereon, and
shall indemnify, save and hold harmless the CITY and all of its
officers, agents, and employees from any and 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.
50124 -4c
IX
CONCESSIONAIRE agrees to carry Public Liability and Property
Damage Insurance covering its operations and agrees to furnish
the CITY proof of minimum liability coverage of limits of FIVE
HUNDRED THIOUSAND AND NO /100 ($500,000.00) combined single limit.
X
In the event of the breach of any of the terms or provisions
of this agreement, CITY shall have, in addition to any other
recourse, the right to terminate this agreement and to remove and
exclude all property of CONCESSIONAIRE therefrom. Upon the
termination of this agreement, CONCESSIONAIRE shall immediately
remove all equipment and other materials relating to its
operation.
X1
It is specifically agreed and understood that the parties
may extend this agreement for an additional term of one (1) year
by mutual agreement.
SIGNED and ENTERED into this the day of
, 1985.
CITY OF BAYTO44
BY
FRITZ LX4 -0M, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
HOLNE S CONCESSION
By
PRESIDENT
ATTEST:
SECRETARY