Loading...
3535 To enter into an agreement with Beres Catering for concession operation at the Community CentreBY-LAW NUMBER 3535 OF THE CORPORATION OF THE TOWN OF TILLSONBURG WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with Beres Catering for the purposes of providing food services to the users of the Tillsonburg Community Centre AND WHEREAS Council passed a resolution to award the Concession Operation to Beres Catering for a period of three years commencing October 1, 2011. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Town of Tillsonburg enter into an agreement with Beres Catering for the purposes of providing food services at the Tillsonburg Community Centre 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 8th DAY OF August, 2011. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF August, 2011. MAY5R<John Lessif CLERK-Donna Hemeryck «/ CONCESSION OPERATIONS TERMS OF AGREEMENT THIS AGREEMENT made in TRIPLICATE ON the > day of year Two Thousand and Eleven by and between: The Corporation of the Tillsonburg Community Centre OF THE FIRST PART And BERES CATERING OF THE SECOND PART WHEREAS the Tillsonburg Community Centre owns the Arena, and for the purposes of providing food services to the users of the arena requires an operator to offer such services; AND WHERAS the Operator submitted a written proposal to the Tillsonburg Community Centre offering concessions services; Resolution No, 8: Moved by: Councillor Klein Seconded by: Deputy Mayor Renaud AND RESOLVE THAT Council receive Report CSD 2011-10 Request for Proposal Results Skate Shop and Concession Operations, as information; FURTHER RESOLVE THAT Council award the Skate Shop Operation to Tillsonburg Skate Shop for a period of three years commencing September 1, 2011 AND FURTHER RESOLVE THAT Council awards the Concession Operation to Beres Catering for a period of three years commencing October 1, 2011. "Carried" NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: DEFINITIONS: Whenever in this Agreement the following words or phrases are used, they shall have the following meanings: a. "Business Premises" shall mean the Tillsonburg Community Centre Arena Concessions to which this Agreement applies. b. "Facility" shall mean the Tillsonburg Community Centre in its entirety c. "Food Services" shall mean all food and food related products and non- alcoholic beverages (limited to beverages, as per the agreement between the current provider and the Tillsonburg Community Centre), operations required to provide the concession service within the Business Premises. 1. Right to Sell Food at Business Premises The Tillsonburg Community Centre grants to the Operator exclusive rights to sell food and non-alcoholic beverages within the concessions as outlined in the term of this Agreement. Items to be sold shall be limited to food products. Available space beyond the Business Premises will include the first partitioned area in Marwood Lounge. Tillsonburg Community Centre will provide the following furniture: — Square Tables (4x4) - Quantity of 4 — Chairs - Quantity of 16 — Garbage can - Quantity of 1 2. Terms of Agreement The Agreement is effective from the Term, beginning October 1, 2011 and ending August 31, 2014, unless terminated under the provisions of Articles 11 or 12, as applicable. Option for re-negotiation of payment and further renewal. Payment for future years to be negotiated on a percentage of sales based on operator's financial statements submitted. 3. Scope of Service The Operator hereby agrees, as part of this Agreement, to be bound by and abide by all of the terms and conditions contained herein. The Operator will operate the food concession for the visitors within the Business Premises. Both parties agree that the food services hours will be based on the activity level or events within the Facility. Operator shall post hours of operation in a conspicuous location and provide a copy to Tillsonburg Community Centre Customer Service Desk. The concessions shall be available to the operator during posted Tillsonburg Community Centre business hours as attached in Appendix A. 4. Financial Terms During the term of this Agreement the Operator shall pay a monthly rental fee as agreed of $600.00 plus applicable taxes. Installments shall be paid to the Tillsonburg Community Centre by the Concessions Operator the first day of each month. The Tillsonburg Community Centre shall in no case be required to cover operational losses in whole or in part at any time during the Agreement regardless of any circumstances that may be presented in the operation of the facility. The Operator shall also keep such other records as are necessary to perform its duties efficiently and in accordance to the laws of Canada and the Province of Ontario and shall produce these records for inspection when requested by authorized representatives. 5. Facilities Inventory Prior to the contract effective date of first date of operations, the Tillsonburg Community Centre and the Operator shall perform a joint facilities inventory, which will: — Determine the operating condition of all capital equipment at the business premises; — Condition of premises including all surfaces; and, — Photos to be attached as Appendix B In no event shall either party remove, without the written permission of the authorized representative(s) of the other party, any capital or major equipment or facilities. No charges, installation of signage, renovations or Capital improvements shall be made by the Operator to equipment, base building or the food service operation without the written permission of the Tillsonburg Community Centre and Park & Facilities Manager. The Tillsonburg Community Centre will supply: Deep Fryer with a side griddle Three freezers Storage room with shelving Triple sink for washing utensils Hand Wash sink in the Concession Two coke coolers (subject to terms and conditions as part of the agreement with Coca Cola)' It is the responsibility of the Operator to notify the Tillsonburg Community Centre and Parks & Facilities Manager immediately if a piece of Tillsonburg Community Centre owned equipment becomes non-functioning ir a safety hazard. 6. Concession Operator's Responsibilities • Provide copy of WSIB Certificate 2011 • Provide copy of Proof of Insurance under a commercial policy with Dominion Insurance with the Town of Tillsonburg co insured • Licensed and registered with the Town of Tillsonburg since 1976 • Providing catering services to Tillsonburg and area at another preparation facility approved by the Oxford County Community Health Unit • Committed to operating the business premises at least 4 hours per week day and up to 12 hours weekends and holidays in conjunction with Tillsonburg Community Centre programs and events. Hours will be posted. • Operations would be from October until April of the following year or into the summer season for special events and circumstances • Concessions staff will be available to receive and accept all orders and services • Concessions Operator will make facility available to the Oxford County Board of Health for inspection • Concession operator's staff is responsible for cleaning and sanitizing the concession area as well are the tables and condiment area. • Concession operator to maintain and repair or replace all equipment on loan to us from the Tillsonburg Community Centre • Concessions operator to provide relatively healthy menu board (agreeable with Tillsonburg Community Centre staff) at affordable family prices competitive with local arena concessions • Food and packaging supplies will be purchased and billed directly to the concessions operator • Concessions operator to provide cell phones to concession staff on duty • Concession operator to rekey business lock and provide emergency key for Tillsonburg Community Centre's key box. • Concession operator to comply with all Ontario Occupational Health & Safety Act • Vending machines and portable snack concessions are the responsibility of the Tillsonburg Community Centre • Commence the Contract on October 1, 2011 and execution of all contract documents and complete substantially all work by April 1, 2014 • Concession operator is responsible for the cost of all range hood inspections to meet NFPA guidelines 7. Provisions and Indemnities The Operator agrees to not permit any liens or encumbrances to be placed against the property of the Tillsonburg Community Centre as a result of its failure to make all payments or perform all obligations as required and will take all necessary steps at the Operator's expense to remove such liens. The Operator agrees to be fully responsible for all actions or omissions of its agents, employees, servants and invitees, and hereby agrees to indemnify and save harmless the Tillsonburg Community Centre regulations, by-laws and procedures, including, and without limiting the generality of the foregoing, those regulations by- laws and procedures pertaining to safety and security. The above provisions and indemnities shall survive the termination or cassation of this Agreement. 8. Successor and Assigns This Agreement shall extend to and be binding upon the parties hereto, and their respective successors and assigns provided that neither party shall be entitled to assign its interest in this Agreement or any portion thereof without the prior written consent if the other party, which consent shall not be unreasonably withheld. 9. Interpretation The terms and provisions if this Agreement shall be interpreted and construed in accordance with the provisions of the laws of the Province of Ontario. 10. Termination of Contract for Cause In the event of any material default in this Agreement by the Operator that is within the reasonable control of the Operator, the Tillsonburg Community Centre shall have the right to provide written notice of such default to the Operator and demand that the deficiency or problem be rectified or a plan submitted by the Operator to the Tillsonburg Community Centre to have the problem or deficiency rectified within five (5) working days or such longer period as may be agreed to by the Tillsonburg Community Centre. If the said default is not rectified or steps are not taken to rectify the situation according to the agreed to plan, the Tillsonburg Community Centre shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Tillsonburg Community Centre within thirty (30) days from termination. The Tillsonburg Community Centre may immediately terminate the Agreement id the local Medical Officer of Health Inspector notifies the Tillsonburg Community Centre that: a. The bacterial content of food fails to meet the legal standards; b. The method of preparing, packaging, storing or shipping food is deemed unsatisfactory and meeting Health Unit criteria; c. Any other condition exists which in the opinion of such officers results in food being deemed unfit for human consumption. If the Agreement is terminated immediately, all outstanding monies shall be payable to the Tillsonburg Community Centre within ten (10) days of termination. 11. Termination for Convenience The Operator or the Tillsonburg Community Centre shall have the right to terminate this Agreement within ninety (90) days written notice without cause. If this cause is invoked, all outstanding monies shall be payable to the Tillsonburg Community Centre within ninety (90) days of termination. 12. Loss or Damage It is the Operator's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the operator and or their staff (including but not limited to inventory and money) maintained on the premises. The Tillsonburg Community Centre will not be liable for any loss or damage to the Operator's property stored on the premises, for any reason. 13. Force Majeure and Limitation Liability Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure. Without limiting the generality thereof, events of Force Majeure include events such as fire, flood, unusually severe wither and Act of God, which events in every case are beyond the reasonable control of a party, provided the same shall not apply to delay or excuse any financial obligation. In no event shall either party be liable for any indirect, special, compensatory or contingent damages or for the loss of opportunity, revenue or profit howsoever caused. Acceptance SIGNED Dated at Tillsonburg Community Centj^this_2__ day of I \ UCNOSV , 2011o jjL tin——————————————— ———— r_ ————— ^ ——— ...-. - ———————————————— _ —————— j ————————————————————————————————————————————— ;Concessipr' Operator Tilfebnburg Community Centres-Manager Dave Be res Janet McCurdy CONCESSIONS OPERATIONS TERMS OF AGREEMENT APPENDIX *A' Tillsonburg Community Centre Business Hours Fall & Winter Effective September (after Labour Day) Monday to Sunday 8:00am - 7:00pm Effective October 1 Monday to Sunday 8:00am - 8:00pm Spring & Summer Hours Effective April to end of May Monday to Friday 8:00am - 8:00pm Saturday & Sunday 8:00am - 6:00pm Effective Junel Sunday CLOSED Monday to Thursday 8:00am - 7:00pm Friday 8:00am - 7:00pm Saturday 10:00am - l:00pm CLOSED STATUTORY HOLIDAYS • Concession operator to maintain and repair or replace all equipment on loan from the Town of Tillsonburg The Operator must immediately notify Town of Tillsonburg staff of any equipment failures, malfunctions or noted safety hazards relating to their operation. a) The Owner shall: • Ensure that the owner has exclusive rights to sell concessions stock related to their business on the grounds of the Tillsonburg Community Centre, with the exception of existing vending machines located in the facility and any Concession work completed by Town staff such as Monday Night Lions Bingo. • Provide permission for the operator to place small signs in the dressing rooms and main entrances to promote their business • The Town of Tillsonburg reserves the right to cancel this agreement within (15) days written notice for non performance or any other breach of this agreement • All terms and conditions of this agreement shall be for a three year period. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, Signing officers in that behalf. SIGNEDAND DELIVERED In the Presence of CONTRACTOR BERES CATERING TOWN OF TILLSONBURG Mayor - Clerk - Donna Hemeryck