AGREEMENT
Whereas, the City of Lawrence, Kansas, a municipal corporation, (hereinafter “the City”) and David Cesare d/b/a Cesare Concessions and Catering (hereinafter “the Contractor”) entered into an agreement executed December 19, 2008 and titled, 2009 Agreement for Concessionaire Services to the City of Lawrence, Kansas (hereinafter “The 2009 Agreement”); and
Whereas, the City desires to obtain the services of an independent contractor, and not an agent, partner or representative, to provide for the opening and closing and related supervision of certain sports complexes, and the Contractor desires to provide said services;
NOW THEREFORE, the parties agree as follows:
1. The recitals set forth above are incorporated herein as if fully set forth.
2. This Agreement shall commence on ________________ and end on October 31, 2009. Upon mutual agreement, the term may be extended for another term ending October 31, 2010, upon the same terms and conditions.
3. Contractor shall employ individuals as needed and as may be required for the discharge of Contractor’s duties and responsibilities. Said personnel shall not be considered City employees or agents of the City, but at all times shall solely be employees of Contractor. Contractor shall ensure its employees are properly trained.
4. Contractor agrees to supervise the Clinton Softball Complex and Batting Cages, the Holcom Sports Complex, and the Youth Sports, Inc. Complex, and to be responsible for the following:
A. Opening and Closing of Complexes
1. The contractor or his employee(s) shall open the complex gates 30 minutes prior to the first game or games in the complex;
2. The contractor or his employee(s) shall remain at the complex until the events are completed and all participants have exited the complex;
3. The contractor or his employee(s) shall conduct visual inspections of the fields, dugouts, restrooms and other complex facilities for people, lost items, equipment, etc.
4. The contractor or his employee(s) shall lock all doors, turn out the lights, and lock all gates of the complex after the events are completed and all participants have exited the complex;
5. At the Clinton Lake Sports Complex and Batting Cages, the contractor or his employee(s) shall put out and pick up helmets and bats, lock the cages and secure the equipment in the storage shed.
6. The contractor shall promptly report any concerns regarding supervision or maintenance to the Facilities Operations Supervisor. “Promptly” for the purposes of this paragraph shall mean before the next day’s operations.
B. Supervision of the Complexes
7. The contractor shall have a supervisor on duty during any and all scheduled games to enforce City/Parks and Recreation Department rules and regulations and to offer assistance to the public. Contractor shall offer outstanding public, customer and community relations. An integral part of outstanding public relations is the enjoyment of participants at the Complexes.
8. Except during the first two weeks of a new league or during scheduled tournaments, Contractor may have one employee supervise both Clinton Lake Softball complex and YSI. During the first two weeks of a new league or during scheduled tournaments, the Contractor must have one employee supervising at the Clinton Lake Softball complex and one employee supervising at YSI.
9. If only one field is being utilized for games, the Contractor may use the Concessions Staff to supervise the complex. If two or more fields are being used, the Contractor must provide a supervisor who does not have concessions responsibilities.
10. The Supervisor must be visible and easily identified. The City will provide staff t-shirts (not to exceed 30 total) which must be worn at all times.
11. The contractor shall follow the City’s Severe Weather Policy and maintain constant communication with the umpires on the field concerning the threat of severe weather.
12. The contractor or his employee(s) shall keep all restrooms operational – including making sure there is an adequate supply of toilet paper, hand soap, and paper towels in all restrooms. The contractor shall report any equipment or bathroom fixtures malfunctions to the Parks and Recreation Department staff promptly unless the malfunction is deemed an emergency. For emergencies, the contractor shall immediately call the appropriate person on the emergency call list.
13. The contractor shall assist in ensuring compliance with complex rules.
14. The Supervisor may at no time be used as additional staff in the concession stand.
5. The City will provide complex supervision handbooks, keys, contact and emergency phone numbers yearly for the length of the contract.
6. The City agrees to waive the payment due from the Contractor pursuant to paragraph 3 of the 2009 Agreement for Concessionaire Services, dated December 18, 2008. In addition to waiving said fees in 2009, the City agrees to pay the Contractor a sum not to exceed $5,000 in 2009 as provided in this paragraph. The Contractor shall submit an invoice to the City monthly beginning in July and ending in October, for equal payments of $1,250. The City shall pay the invoices within thirty (30) days of receipt thereof.
7. The City reserves the right to terminate this Agreement for either cause or for its convenience and without cause or default on the part of the contractor by providing 14 calendar days written notice of such termination to the contractor. The contractor is entitled to terminate this contract by providing the City with written notice of termination thirty (30) days in advance of the termination date.
8. If the contractor fails to perform any covenant or condition herein required, the City shall be entitled to terminate this Agreement by providing contractor with written notice. The Director of Parks and Recreation may at his or her discretion, provide notice to the contractor of the violation or sub-standard performance and provide contractor an opportunity to cure the default. If in the opinion of the Director a satisfactory correction of the violation or the substandard performance is not completed within fourteen (14) calendar days, this agreement shall terminate.
9. The contractor shall operate under the provisions of this agreement in a manner that conforms with the laws of the state and the ordinances, rules and regulations of the City.
10. The contractor agrees to save, hold harmless, and indemnify the City, its officials, and employees from any and all claims, settlements, judgments (to include reasonable investigative fees, attorneys fees, and court costs), including personal injury and/or death benefits to its agents, employees, and servants pursuant to the Kansas Workers’ Compensation Act and the Kansas Tort Claims Act.
11. The Contractor shall not transfer, assign, or pledge this contract to another without the prior written consent of the City.
12. This agreement may be amended by written agreement, executed by the parties.
This is a formal addendum to the agreement signed between the City of Lawrence, Parks and Cesare Concessions and Catering on this ________ day of _______ 2009.
THE CITY OF LAWRENCE, KANSAS DAVID CESARE
By ________________________________
David Corliss, City Manager David Cesare, Contractor