§ 8-205. Terms and conditions on which concessions granted.

The concessions granted pursuant to this division shall be granted upon the following terms and conditions:

(1)

The concessionaire shall operate the concessions in an efficient manner for the convenience and safety of persons served thereby and in accordance with such rules and regulations as are prescribed by the Director of Public Works.

(2)

The concessionaire will provide all utensils, cutlery and containers and all other equipment, appliances, furniture and furnishings that are not provided by the City pursuant to Section 8-204 as are necessary and required by the Director for the efficient operation of the concessions.

(3)

The concessionaire shall maintain all equipment, appliances, furniture and furnishings provided by the City pursuant to Section 8-204 and provided by the concessionaire pursuant to this section in a manner satisfactory to the Director and shall make such repairs thereto and replacements thereof as shall be required by the Director.

(4)

The concessionaire shall sell or offer such merchandise and articles for sale at the place of each concession on such days and during such hours thereof as shall be required from time to time by the Director.

(5)

The prices charged by the concessionaire for such merchandise and articles shall be subject to the approval of the Director. The concessionaire shall submit to the Director, prior to occupancy of the place of each concession and at such other times as the concessionaire may elect, the prices proposed to be charged for such merchandise and articles and shall sell or offer such merchandise and articles for sale at those prices unless otherwise changed by the Director. The Director may require the concessionaire to post, display or otherwise inform the public of such prices in such manner as the Director may prescribe.

(6)

The concessionaire will employ such persons as may be required by the Director to operate the concessions and to sell or offer such merchandise and articles for sale in any efficient manner for the convenience and safety of persons served thereby and in accordance with the rules and regulations adopted by the Director and will furnish to the Director such proof as may be required as to the competence of such persons to do so. Whenever it appears to the Director that any such person is unfit or incompetent, the concessionaire, upon notice from the Director, shall dispense with the services of such person, and if such person is the concessionaire the concessions shall be revoked and terminated by the Director.

(7)

The concessionaire will pay to the City a percentage of the gross receipts from the sale of such merchandise and articles to be determined in the grant of the concessions. Such payments shall be made on or before the 15th day of each calendar month covering the gross receipts for the preceding calendar month. The gross receipts shall include the entire receipts or amount of money collected or collectible by the concessionaire from such sales.

(8)

The concessions granted by the Director shall be at the will of the Director or the concessionaire and may be terminated at any time by either the Director or the concessionaire upon giving written notice to that effect to the other.

(9)

Upon the termination of the concessions, the concessionaire will forthwith remove from the safety-health/mental health building all property of the concessionaire and shall leave the premises and all property of the City used in the operation of the concessions in substantially the same condition as it existed on the day the concessions were granted and otherwise in a condition satisfactory to the Director, ordinary wear and tear excepted.

(10)

The concessionaire shall indemnify, reimburse, keep and hold the City free and harmless from liability on account of injury, damage or loss to persons and property growing out of or directly or indirectly resulting from the grant of the concessions, the sale or offering for sale of such merchandise and articles and the use of the concession areas for such purposes. If any suit or proceeding shall be brought against the City, at law or in equity, on account thereof, either independently or jointly with the concessionaire, the concessionaire shall defend the City in any such suit or proceeding at the cost of the concessionaire. If a final judgment or decree is obtained against the City, either independently or jointly with the concessionaire, the concessionaire shall pay such judgment or comply with such decree with all costs and expense of whatever nature and hold the City harmless therefrom.

(11)

The concessionaire shall insure its liability in connection with the operation of the concessions, the sale or offering for sale of such merchandise and articles and the use of the concession areas for such purposes, providing indemnities of not less than $100,000.00 for bodily injury to any one person in any one occurrence and of not less than $300,000.00 for all bodily injuries resulting from any one occurrence and of not less than $50,000.00 for property damage. The City shall be named as an additional insured under the insurance contract. The concessionaire shall keep the insurance in full force and effect at all times during the operation of the concessions, the sale or offering for sale of such merchandise and articles and the use of the concession areas. The concessionaire shall provide the City with a certificate of such insurance which shall contain a statement that the insurance is provided to enable the concessionaire to perform its obligations under this subsection and that the insurance will not lapse or otherwise expire prior to 60 days' written notice thereof given by the concessionaire's insurance carrier to the Director, anything in the insurance contract to the contrary notwithstanding.

(12)

The concessionaire shall furnish and deliver to the City at the time the concessions are granted a corporate surety bond payable to the City in the amount of $5,000.00, conditioned upon the payment by the concessionaire of all sums of money due the City under this section and upon the removal from the safety-health/mental health building of all property of the concessionaire and leaving the premises and all property of the City used in the operation of the concessions in substantially the same condition as it existed on the day the concessions were granted and otherwise in a condition satisfactory to the Director, ordinary wear and tear excepted, upon the termination of the concessions. The bond shall be approved by the City Attorney. The cost of the bond shall be paid by the concessionaire, and it shall be kept in full force and effect until the concessions are terminated. It shall contain a provision that it will not be canceled or terminated or otherwise allowed to expire prior to 60 days' notice in writing to that effect, given to the Director.

(13)

The Director shall have the power to revoke or terminate the concessions at any time when the concessionaire fails, refuses or neglects to observe and comply with any of the terms and conditions set out in this section or any rule or regulation adopted by the Director pursuant to this division.

(Code 1993, § 8-164; Code 2004, § 26-314; Ord. No. 2010-21-67, § 2, 4-26-2010)

(Code 1993, § 8-164; Code 2004, § 26-314; Ord. No. 2010-21-67, § 2, 4-26-2010)