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