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Home My WebLink AboutPK07-126 - Original - Rocco's Salsa Dogs - Service Club Ballfields Concessions - 03/15/2007 Records Ma:n,:agernen ,, ,,,,-,, KENT Document` WAS.iry GTOa _ � ttii CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Rocco's Salsa Dogs (Rocco Cacciatore) Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: Service Club Ballfields Concessions Contract Effective Date: 3/15/07 Contract Termination Date: 10/7/07 Contract Renewal Notice (Days): 10 Number of days required notice for termination or renewal or amendment Contract Manager: Tyler Goff Department: Parks, Recreation and Community Services Abstract: Concessions contract for Service Club Ballfields for the 2007 Spring Softball/Baseball season ADCL7832 07/02 CITY OF KENT AGREEMENT FOR CONCESSION PERMIT THIS AGREEMENT, is made and entered into by and between the City of Kent, Washington, hereinafter referred to as "City", and Rocco's Salsa Dogs, (Rocco Cacciatore, owner) 10030 SE 225" Place, Kent, WA 98031, (253) 334-8873 / (253) 852-8737, herein after referred to as "Concessionaire" WITNESSETH The City hereby issues to Concessionaire a concession permit as follows 1 The City grants and accords to the Concessionaire, for the term and upon the conditions and provisions hereinafter specified, a permit for the exclusive concession, right and privilege within the limits of Service Club Ballfields, City of Kent, County of King, State of Washington, for food 2 The term of this agreement shall be the dates scheduled by the City of Kent Parks and Recreation Department, hereinafter referred to as "Department", beginning March 15, 2007 and ending October 7, 2007, or as otherwise agreed by the parties in writing, at the location set forth herein The City expressly reserves the right to make rules, regulations, and requirements relating to the management of any and all of the locations used by the Concessionaire hereunder, and regulating and fixing the prices at which commodities handled or dispensed by the Concessionaire shall be sold to the public The failure on the part of the concessionaire to comply with any of the provisions of this agreement, or to obey, perform or to comply with local ordinances, state law or other lawful rules, regulations and ordinances, state law or other lawful rules, regulations and requirements now existing or hereinafter enacted, shall be grounds for the City to terminate this agreement and revoke the permit and of all rights of the Concessionaire herein or hereunder The City expressly reserves the right and power to terminate this agreement and revoke the permit prior to the expiration of the term specified above for cause as set forth herein, and the concessionaire expressly waives the right to claim or recover any damages on account of such termination, against the City or any member thereof, or the City of Kent. 3. The Concessionaire promises and agrees to pay the City twelve (12) percent of the monthly gross receipts from the concession privileges as shown on records kept by the concessionaire Such percentage payments of the receipts shall be paid at the Parks Department office on or before the tenth day of the succeeding month. The last payment at the end of the 1 term of the agreement and shall be accompanied by a certified statement of the gross receipts received during the term of the agreement. Concessionaire's records shall at all times be available for audit and verification by the City Finance Director or his or her designated representative. 4. It is expressly understood and agreed that the location of points of sale, methods of sale, and prices charged for commodities sold under the provisions of this agreement at all times shall be subject to the supervision, direction and approval of the Department. 5 Concessionaire agrees to comply with the following: (a) The Concessionaire shall not establish any point of sale so as to interfere with on field events or spectator viewing of such events (b) The Concessionaire shall not permit any lewd or immoral conduct in or about the concession area. All persons working in such concession shall present a neat and clean appearance. (c) The Concessionaire shall keep the general area around the designated point of sale clean, i e , keep all bottles, cans, papers and refuse picked up from such area, and upon failure to do so, after written notice by the City, the City reserves the right to place laborers to clean such area and charge such labor to the Concessionaire (d) The Concessionaire shall permit any duly authorized officer or employee of the City to have free access to the concession area at any and all times to ensure compliance with the agreement. (e) Concessionaire shall not serve, handle or otherwise possess or store alcoholic beverages or tobacco products of any kind in the concession area. (f) Any radio or musical device for entertainment may be used by the Concessionaire in the point of sale area, provided, that such radio or device shall be operated at such reduced volume that it cannot be heard at a distance or more than 100 feet from the concession area. (g) All deliveries of merchandise shall be made at a time so as not to disrupt scheduled activities. (h) The Concessionaire shall devote as much time to this concession as may be necessary to provide first-class service to the patrons. The Concessionaire shall be open for business seven days per week, while scheduled activities are in progress. All closures, regardless of the circumstances, must be approved 2 by the Department or a Representative thereof; provided that such approval shall not be required when any scheduled event has been canceled due to any local, state, or national disaster or force of nature. (i) At the expiration of the term of this agreement, or upon the termination thereof the concessionaire must remove all concession products and supplies from the assigned concession building. 6. The Concessionaire agrees to indemnify, defend and save harmless the CITY OF KENT, its officers, employees and agents, from any and all claims, actions, judgements, losses, costs (including reasonable attorney fees) and damages whatsoever; including claims arising by reason of accident, injury or death caused to persons or property of any kind, or in connection with, or incident to, the sale of products contemplated and its performance under this agreement, provided, that the above indemnification shall not apply to such claims, actions, judgements, losses, costs or damages which are caused by the sole negligence of the Department or the CITY OF KENT, its officers, employees, or agents 7. Permits and Insurance. It shall be the responsibility of the Concessionaire to obtain all food handling permits as required by the King County Health Department The Concessionaire shall obtain a comprehensive liability insurance policy with limits of not less than $1,000,000 for bodily injury, and $1 ,000,000 property damage and shall have a certificate of insurance issued to the CITY OF KENT naming the City as an additional insured Such certificate shall cover all activities of the Concessionaire with respect to this agreement The CITY OF KENT shall be provided with thirty (30) days notice prior to termination of such coverage by the insurer 8. The Concessionaire shall furnish all necessary equipment to store, prepare, cook and hold all items of a perishable nature in accordance with King County Health Department rules and regulations. 9. Calling out of wares by vendors shall be done in such a manner so as to not unreasonably interfere with the scheduled event in progress and no unnecessary loud noises will be permitted. No advertisement, sign, notice, poster or other advertising of any kind or character whatsoever shall be placed, affixed, distributed and/or used in the concession area without prior approval of the City. 10. At the expiration of the term of this agreement, or upon the prior termination thereof the Concessionaire agrees to promptly cease to operate the point of sale concession at the location specified herein, without any right or claim to reimbursement, compensation, 3 or remuneration of any kind. 11. Neither this agreement, nor any of the rights or privileges represented herein, shall be sold or assigned, or any right otherwise acquired therein IN WITNESS WHEREOF, the parties have each caused this contract to be executed by their duly authorized representative on the date set forth below 77: CITY OF KENT occo Cacciato atling, Director Owner, Rocco's Salsa Dogs City of Kent Parks, Recreation and Community Services Dept. DATE 3 "1r0� 2007 DATE 3fS 4 /o ? 2007 City of Kent: Concession Agreement March 13, 2007 4