HomeMy WebLinkAbout09157RESOLUTION NO. 9157
A RESOLUTION APPROVING A RENEWAL AGREEMENT FOR
THE CONTRACT FOR THE OPERATION OF PARKS &
RECREATION DEPARTMENT CONCESSION AREAS ACID
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
Section 1.
The Renewal Agreement dated November 27 , 2000 for the contract between Frank
Sagona, dba Poppy's Concessions and Pueblo, a Municipal Corporation, relating to the
operation of Parks & Recreation Department's concession areas, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby
approved.
Section 2.
The President of the City Council is hereby authorized and directed to execute said
Agreement for and on behalf of the City, and the City Clerk is directed to attest same and
affix the seal of the City hereto.
INTRODUCED November 27 , 2000
AT ST:
City Clerk
BY Robert Schilling _
Councilperson
APP OVtD:
h 'Y 11 P
President of the Council
RENEWAL AGREEMENT
THIS RENEWAL AGREEMENT entered into as of Novemb 27 , 2000 between Pueblo,
a municipal corporation (the "City ") and Frank Sagona dba Poppy's Concessions (the "Contractor "),
WITNESSETH:
WHEREAS, City and Contractor in March 1996 entered into an agreement for the operation
of Parks and Recreation Department Concession Areas (the "Agreement "); and
WHEREAS, the term of the Agreement will expire April 15, 2001; and
WHEREAS, the City Council of City was granted the option to renew the Agreement for an
additional term of five (5) years upon the same terms and conditions; and
WHEREAS, the Contractor has requested the City Council to renew the Agreement for an
additional term of five (5) years.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein
contained, City and Contractor agree as follows:
1. The term of the Agreement is hereby renewed upon the same terms and conditions
except as otherwise provided in paragraph 2 hereof for an additional term of five (5) years from April
15, 2001 to April 15, 2006.
2. If at any time during the five year renewal term, City enters into an exclusive beverage
contact with a particular wholesaler or manufacturer, Contractor shall become bound by the terms
and provisions of such exclusive beverage contract and agrees to sell and dispense at each
concession area location described in the Agreement, only the brand -name and beverages covered
by the exclusive beverage contract.
3. The Agreement as renewed and amended hereby shall remain in full force and effect
during the five (5) year renewal term and shall be binding upon and inure to the benefit of City and
Contractor and their respective successors, heirs, personal representatives and approved assigns.
Signed at Pueblo, Colorado the day and year first above written.
�\ PU _BL , A 1CIPAL CORPORATION
Attest: __ � By'�
City k President of the City Council
FRANK SAGONA, individually and dba
Poppy's Concessions
Frank Sagon
TITLE:
A RESOLUTION APPROVING A RENEWAL AGREEMENT FOR THE CONTRACT
FOR THE OPERATION OF PARKS & RECREATION DEPARTMENT
CONCESSION AREAS AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE THE SAME
ISSUE:
Should the City Council approve a five year renewal of the agreement with Frank
Sagona, dba Poppy's Concessions for the operation of the Parks & Recreation
Department concession areas.
BACKGROUND:
The five year contract between the City and Frank Sagona, dba Poppy's Concessions, for
the operation of the Parks & Recreation Department concession areas, will expire on
April 15, 2001. The City Council has the right, per the contract, to renew for an
additional term of five (5) years upon the same terms and conditions. Mr. Sagona has
requested that his contract be renewed for five years.
In general, the work has consisted of the operation of the concession areas at Mineral
Palace Park, City Park, Minnequa Park, and Mitchell Park swimming pools, City Park
playground, ballfields at City Park and Stauter fields and other specified playing fields as
needed. The concessionaire is responsible for furnishing all labor, inventory, supplies,
products, tools, equipment and material and pay for all such items needed to set up and
operate the concession areas. The concession areas are open during the summer and
playing field seasons.
Correspondence from Mr. Sagona requesting the contract be renewed is attached.
FINANCIAL IMPACT:
The term of the five (5) year renewal is from April 16, 2001 to April 15, 2006 upon the
same terms and conditions. Poppy's Concession will pay the City the greater of
$2,500.00 minimum annual guarantee or 3 -1/2 percent of gross sales up to $74,200.00
plus 25 percent of gross sales in excess of $79,800.00 annually. In 1999 the concession
contract generated approximately $7,335.00 to the City.
Recommendation:
Approval of the Resolution.
RECEIVED
September 21, 2000
SEP 2 5 2000
Parks & Recreation
Department
Mr. Rich Zajac
Director of Parks and Recreation
800 Goodnight Avenue
Pueblo, Colorado 81005
Dear Rich:
I have the concession contract with the City of Pueblo. The contract is for five years with
the option to continue for another five years.
The first half of the five years will end April 1, 2001. I would like to exercise the five -
year option.
Sincerely,
Frank Sagona
Owner, Poppy's Concessions