HomeMy WebLinkAboutResolution - 094 - Agreement - B&M Vending Company - Concession Rights, 5 City Pools - 03_22_1979LGB:hw RESO l3/79)
r r. RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Vending Concession
3 Agreement between the City of Lubbock and B & M Vending Company, attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 2r,d day of March ,1979.
DIRK WEST, MAYOR
ATTEST:
124-1
Eve yn GaffCity Sec t r reasurer
APPROVED AS TO CONTENT:
Lawren a Banks, Community Facilities
APPROVED AS TO FORM:
Leon G. Bean, Asst. City Attorney
TIED TO RESO. #94 (3/22/79)
VENDING CONCESSION AGREEMENT
This agreement made and entered into, this 8th day of March,
1979, by and between B&M Vending Company, hereinafter referred to
as "B&M" and the City of Lubbock., Texas, a Home Rule Municipality,
hereinafter referred to as "City";
WITNESSETH:
That City as Lessor desires to lease its concession rights
for the sale of swimming pool accessories and refreshments at the
following swimming pools:
Mae Simmons 24th and Weber
George Woods North Zenith and East Erskine
Rodgers Amherst and Gary Avenues
Maxey 30th and Nashville
K. N. Clapp 46th and Avenue U
That B&M desires to be Lessee of such concession rights,
wherefore City and B&M hereby agree that City shall be Lessor and
B&M Lessee of said concession rights, subject to the following
terms and conditions:
I.
Consideration. Lessee shall pay to Lessor, as consideration,
30 percent o its gross sales from such concession operation for
each month of swimming pool operation during the agreement term.
Payment is due and payable to the City of Lubbock at the office of
the Director of the Parks and Recreation Department on the loth of
each month..immediately following any month the swimming pools are
in operation.
II.
Agreement Term. This agreement shall commence April 1, 1979,
and terminate Larch 31, 1982.
Conditions. This agreement is further conditioned on the
following:
1. City will furnish water & electricity.
2. If vending machines are used, the City reserves the
right to approve their location.
3. If extra electrical outlets or waterlines are needed,
they will be at the expense .of the Lessee.
4. City reserves the right to approve any building alter-
ations, and any alterations approved will be at the
expense of Lessee.
5. No bottle drinks will be permitted --either from vending
machines or over-the-counter concession.
6. Sale of Chewing Gum will not be permitted.
7. The Lessee binds and obligates himself to comply with
all rules and regulations of the City of Lubbock Park
and Recreation Board, and all Ordinances of the City of
Lubbock and laws of the State of Texas, and that a vio-
lation of the rules of the Park & Recreation Board of
the City of Lubbock or any State law shall immediately
be asked to remove his equipment from building or pre-
mises, and his lease with the City be voided.
8. The Lessee binds and obligates himself to operate
vending machines or over-the-counter concession on and
according to the same schedule as the swimming pool is
operated which is at the present time 1:00 p.m. to 7:00
p.m., seven days per week, which are subject to change.
9. Lessee binds and obligates himself to indemnify and
forever hold harmless Lessor (City) against each and
every claim, demand or cause of action that may be
made, or come against it by any person or persons by
reason of, or in neglect act on the part of Lessee or
any of his agents, servants or employees, in or about
the leased premises.
10. The lease agreement is not transferable.
11. The City of Lubbock reserves the right to approve the
type of items for sale.
12. The Lessee must at all times keep his machines or con-
cession well stocked and in excellent working conditions.
13. The City reserves the right to check or have checked
the Lessee books, also enter, building for inspections.
Witness our signatures this 22"d day of March
1979.
ATTEST:
City Secretary-Trea6dvv
APPROVED AS TO CONTENT:
frlrector,tCommunity Facilities
APPROVED AS TO FORM:
Asst. City Attorney
CITY OF LUBBOCK
ao--wt 1 *4;17:
15IR177EST, MAYOR
B & M VENDING COMPANY
By: -./ x vVY
ene Roberts
General Manager
VENDING CONCESSION AGREEMENT �" a
This agreement made and entered into, this 8th day of March,
1979, by and between B&M Vending Company, hereinafter referred to
as "B&M" and the City of Lubbock, � Texas, a Home Rule Municipality,,
hereinafter referred to as "City";
WITNESSETH:
That City as Lessor desires to lease its concession rights
for the sale of swimming pool accessories and refreshments at the
following swimming pools:
Mae Simmons 24th and Weber
George Woods North Zenith and East Erskine
Rodgers Amherst and Gary Avenues"
Maxey 30th and Nashville
K. N. ClaDD 46th and Avenue U
That B&M desires to be Lessee of such concession rights,
wherefore City and B&M hereby agree that City shall be Lessor and
B&M Lessee of said concession rights, subject to the -following
terms and conditions:
I.
Consideration. Lessee shall pay to Lessor, as consideration,
percent of its gross sales from such concession operation for
GC)h
month of swimming pool operation during the agreement term.
Payment is due and payable to the City of Lubbock at the office
of the Director of the Parks and Recreation Department on the
10th of each month immediately fcllowing any month the swimming
pools are in operation.
II.
Agreement Term. This agreement shall commence April 1,
1979, and terminate March 31, 1982.
III .
Conditions. This agreement is further conditioned on the
following:
1. City will furnish water & electricity.
2. If vending machines are used, the City -reserves the
right to approve their location.
3. If extra electrical outlets or waterlines are needed,
they will be at the expense of the Lessee. .
M
\ 1
j �� 1
VENDING CONCESSION AGREEMENT
0"
This agreement made and entered into, this 8th day of March,
1979, by and between B&M Vending Company, hereinafter referred to
as "B&M" and the City of Lubbock, Texas, a Home Rule Municipality,
hereinafter referred to as "City";
TIED TO RESO. ;: - 3/8/79 q J
WITNESSETH:
That City as Lessor desires to lease its concession rights
for the sale of swimming pool accessories and refreshments at the
following swimming pools:
Mae Simmons 24th and Weber
George Woods North Zenith and East Erskine
Rodgers Amherst and Gary Avenues
Maxey 3Oth and Nashville
K. N. Clapp 46th and Avenue U
That B&M desires to be Lessee of such concession rights,
wherefore City and B&M hereby agree that City shall be Lessor and
B&M Lessee of said concession rights, subject to the following
terms and conditions:
I.
Consideration. Lessee shall pay to Lessor, as consideration,
625ercent o itsgross sales from such concession operation for
ch month of swimming pool operation during the agreement term.
Payment is due and payable to the City of Lubbock at the office
of the Director of the Parks and Recreation Department on the
loth of each month immediately following any month the swimming
pools are in operation.
II.
Agreement Term. This agreement shall commence April 1,
1979, and terminate March 31, 1982.
III.
Conditions. This agreement is further conditioned on the
following:
1. City will furnish water & electricity.
2. If vending machines are used, the City reserves the
right to approve their location.
3. If extra electrical outlets or waterlines are needed,
they will be at the expense of the Lessee.
City Council Minutes
March 8, 1979
0
Resolution No. 94
Resolution authorizing the Mayor'to sign concession agreement with
B & M Vending'Co.
On February 1978, B & M Vending Company was awarded the bid for operating
the concessions at all five City of Lubbock swimming pools for a 5-year
period beginning April 1, 1978. The B & M's bid was the only one
received and provided for payment to the City of 33.5% of gross sales.
B & M Vending are now asking that the commission must be reduced from
33.5% to 25% for the balance of the 5-year period in order for the
company to realize a fair margin of profit because of increasing cost
for labor and goods.
After speculation and discussion as to the basis for the vendor's request,
the Council requested Floyd Nesbitt, Director of Purchasing, to contact
the L.I.S.D. to ascertain the percentage of gross sales they pay with the
same vendor; subsequently Mr. Nesbitt's response was the L.I.S.D. pays
28.1% of gross sales.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
that the Director of Purchasing contact B & M Vending Company and
negotiate with them a percentage of gross sales to range from 28% to
30% with the understanding that a new agreement would be entered into
which incorporates a hold harmless clause as well as reflecting that
further adjustments in the percentage for this five-year period would
not be considered; and that the matter be placed on the March 22 Agenda
for disposition. Motion carried: Mayor West, Mayor Pro Tem Henry,
Councilwoman Jordan, Councilmen Aderton and McAlister voting Yea; none
voting Nay.
(32) Resolution No. 95
A resolution authorizing the Mayor to execute a release of lien on
Lot 4, Block 25, Carter Coffey Addition.
This is a release of a sewer lien for Lot 4, Block 25 of Carter -Coffey
Addition located at 112 East Rice Avenue; the contract for $110.65 being
paid in full April 30, 1964, a release being prepared and mailed, but
never filed with the County Clerk.
Motion was made by Councilwoman Jordan, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
(33) The City's certified public accountants' presentation of the audited
financial report for fiscal year ending September 30, 1978.
Mr. Larry Anderson, on behalf of the independent auditors, Mason,
Nickels and Warner, having completed their auditing of the fiscal
11
City Council Meeting
,t ^ March 22, 1979
B. The City of Lubbock now has on hand $50,442 which is avail-
able to be distributed to various artistic endeavors. (These
are funds allocated for the arts, collected from the Hotel -
Motel Tax from October, 1977 through September 30, 1978.)
C. Payment schedule of three payments of $16,814 each. Of the
first payment, $2,522.10 may be used by the Cultural Affairs
Council for administrative costs.
D. The remaining funds will be deposited in interest earning accounts.
E. The Cultural Affairs Council will keep the records, and the
City'-&-outside..auditors will audit the books, and payment
for the audit will come from the Arts Fund.
F. Provides a hold harmless clause.
Part two of the document consists of proposed guidelines which provide
the explanation of the mechanism for delivery or recommendations to
the Council, and reflect the following features:
A. Philosophy of the "Lalor Bill" and the Cultural Affairs
Council;
B. Outlines procedures for applications, awards, accounting,
and other facets related to the mechanism for delivery of funds;
C. The City Council is to appoint two members to the review
committee.
The Cultural Affairs Council will submit recommended projects to the
City Council for approval prior to awarding any funds for a specific
project. The Cultural Affairs Council will handle all reviewing and
publication procedures. Approval of a proposed art project will require
only majority vote.
Motion was made by Mayor Pro Tem Henry, seconded by Councilman McAlister
to pass said resolution. Motion carried: Mayor West, Mayor Pro Tem
Henry, Councilwoman Jordan, Councilmen Aderton and McAlister voting
Yea; none voting Nay.
ED
Resolution No. 94
Amended agreement with B & M Vending Company regarding concessions at
swimming pools, and authorizing the Mayor to execute same.
At the request of the Council, Director of Purchasing Floyd Nesbitt
conferred with the owner of B & M Vending in regard to his request for
a reduction in the percentage of gross sales to be paid to the City;
that this is for a five-year period of time beginning April 1, 1978,
and is for the concession rights at the five swimming pools. The
parties agreed on a commission rate of 30%.
18
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said resolution authorizing execution of the amended
agreement. Motion carried: Mayor West, Mayor Pro Tem Henry, Council-
woman Jordan, Councilmen Aderton and McAlister voting Yea; none voting
Nay.
(37) Resolution No. 106
A resolution authorizing the Mayor to execute correction instrument
removing cloud of title held by the City on West 50' of Lot'10, Block
E. Butler Estates Addition.
The problem ex-fsting here resulted from Mr. J. D. Badley attempting
to sale a tract of land which includes the west 50' of Lot 10, Block
E, Butler Estates Addition and upon which a lien had been placed by
the City. Investigation reflected that the Urban Renewal Agency
had placed a lien upon adjacent property and had inadvertently included
Mr. Badley's property. The Urban Renewal Agency uses private attorneys
on a retainer basis and does not involve the City's Legal Department
in their transactions.
The title company has filed with the City a letter indicating the
technical data as to the preparation and recording of the instruments
on the property in question, that Mr. Badley was the sole owner of
the referenced property at all times and was not a part of the trans-
action involving the Urban Renewal Agency. It has been clearly established
through investigation that a correction instrument removing the cloud
of title from Mr. Badley's property is necessary.
Motion was made by Councilwoman Jordan, seconded by Mayor Pro Tem
Henry to pass said resolution authorizing the correction instrument.
Motion carried: Mayor West, Mayor Pro Tem Henry, Councilwoman Jordan,
Councilmen Aderton and McAlister voting Yea; none voting Nay.
(38) Ordinance No. 7481
An ordinance regarding local sales and use tax as authorized by State Law.
The Legislature enacted legislation that would allow cities to "exempt"
residential consumers of electricity and gas utilities from paying
City sales tax on these utilities. .For City Councils to continue this
local sales tax on utilities, they must adopt an ordinance continuing
the tax prior to May 29, 1979.
Motion was made by Councilwoman Jordan, seconded by Councilman Aderton
to pass said ordinance on first reading. Motion carried: Mayor West,
Mayor Pro Tem Henry, Councilwoman Jordan, Councilmen Aderton and
McAlister voting Yea; none voting Nay.
(39) Resolution No. 107
An application of Lawrence Barker, Jr. for oil and gas well drilling
permit for LuLain Estate No. 3.
19