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HomeMy WebLinkAboutResolution No. 2013-063 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013-CG, 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND FUN NIGHT OUT, LLC dba SATURDAY NITE OUT FOR THE PURPOSE OF OPERATING A YOUTH ACTIVITY PROGRAM AT THE COLONY RECREATION CENTER LOCATED AT 5151 NORTH COLONY BOULEVARD, THE COLONY, TEXAS; PROVIDING AN EFFECTIVE DATE WHEREAS, The Colony City Council desires to enter into an Agreement with FUN NIGHT OUT, LLC dba SATURDAY NITE OUT for the purpose of operating a youth activity program for 9 to 14 year olds at The Colony Recreation Center; and, WHEREAS, the term of the Agreement shall be effective upon execution of the Agreement, with automatic annual renewal as provided for in Exhibit A; and, WHEREAS, the City Council has determined it to be in the City's best interest to enter into such with the terms as specified therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute an Agreement with FUN NIGHT OUT, LLC dba SATURDAY NITE OUT for the purpose of operating a youth activity program, a copy of which is attached as Exhibit A, under the terms as specified therein. Section 2. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 3rd day of December, 2013. G y / f . Joe MZ5Cur7y, Mayor (VVI City of The Colony, Teas A -A A E Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: r Jeff Moo e, City Attorney r A!✓, FUN NIGHT OUT, LLC, dba SATURDAY NITE OUT: AGREEMENT This agreement (hereinafter referred to as the "Agreement") is entered into by The City of The Colony, Texas, a Texas home-rule municipality (hereinafter referred to as the "City") and Fun Night Out, LLC, dba Saturday Nite Out, a Texas limited liability company (hereinafter referred to as the "Contractor"), for operation of a youth activity program for 9 to 14 year olds at The Colony Recreation Center located at 5151 North Colony Boulevard. A. CONTRACTOR WILL PROVIDE THE FOLLOWING: 1. Hiring, background checks, and training of all staff to be involved in the program. (Minimum 18 years of age). 2. Status of cleared background check for each employee to the City prior to employee beginning work for the Contractor in The Colony. Background information and qualifications of all hired staff for approval by the City, when requested. 3. Organization and direct supervision of all activities including, but not limited to the following: a. Organized games such as basketball, wallyball, ping-pong, bumper pool, foosball, contests, and other special activities b. Provision of D.J.'s and all sound equipment including music for dance activities. c. A price list of all concession items for prior approval, and all supplies for concession activities including food, drinks, paper ware, etc. (any price or major item changes to be approved by the City). d. Advertising and promotions for the program. 4. Obtain an annual health permit to operate in the City if any potentially hazardous foods are to be served and abide by the terms of that permit including, but not limited to: a. All concession workers must obtain Food Handlers Certification through the City of The Colony Health Department. b. Rinse and store wiping clothes in a sanitizing bucket (1 tablespoon of bleach in each gallon of water). c. Food prepared offsite (such as delivered pizza) must be marked with the time it was placed in the container and served within 4 hours of stamped time. d. Use disposable gloves to serve food. e. Have access to a hand washing station with paper towels and hand soap. f. Have a covered trash receptacle. g. Servers must use some form of hair restraint (i.e. hat, bandana, hair net, hair tie). h. Once the menu is submitted annually with the health permit, any changes must be submitted to the Health Department. i. Questions regarding food service can be addressed to the City of The Colony Health Department. 5. Collection and accounting of all entry fees. 6. Provide uniformed off duty police officer for security with jurisdiction within the City of The Colony. 7. Proof of Liability Insurance (SEE TERMS OF AGREEMENT). 8. Provision of sufficient staff to operate the program in a safe and secure manner with a minimum of 1 to 25 staff to participant ration. Minimum staff should be 6 staff members not to include the DJ in order to provide proper coverage of the building. A staff sign in sheet should be left each week. B. THE CITY WILL PROVIDE THE FOLLOWING: 1. One staff member on duty during the hours of Contractor's operations to monitor the facility. 2. Use of the center's equipment (balls, games, etc.) for activities. 3. Assistance in promotional activities for the program in schools, newspapers, cable, etc. 4. Exclusive use of the Recreation Center facility for the following areas: a. Gymnasium b. Racquetball Court c. Game Room area d. Red Room e. Blue Room f. Restrooms g. Front Lobby area C. TERMS OF AGREEMENT: 1. This Agreement shall be for a period of one (1) year commencing upon signing of Agreement, and shall be automatically renewable on an annual basis. 2. The City shall reserve the right to terminate the Agreement at any time and at no penalty upon thirty (30) days written notice to the Contractor. 3. The Contractor shall provide payments to the City in the amount of 15% of gate admission collected, or a minimum of $100 per night. All payments to the City shall be made within ten (10) working days of the end of each month. All payments must be accompanied by a detailed financial report of admission. The City reserves the right upon notice to audit all books and records of the Contractor to determine compliance with payment provisions. Any gate admission rate changes must be mutually agreed upon by the Contractor and the City. 4. The Contractor shall adhere to and enforce all general rules and regulations for participants in the Recreation Center, and shall limit the number of participants to 400 per night. 5. The Contractor shall have exclusive use of the Recreation Center during the hours of 6:30pm and 11:30pm on Saturdays unless the City gives sufficient prior notification for use for another special event or activity. 6. The Contractor shall at all times observe and comply with all Federal, State and local laws and ordinances and shall indemnify and hold harmless the City against any claim arising from violation of the above. 7. The Contractor agrees to save, protect, defend, and hold harmless the City from any and all suits, claims, and cause of action of public liability which may rise out of this Agreement to the extent by the law. 8. Certificates of insurance shall be provided by the Contractor, and will be subject to review and approval by the Community Services Director or her designee. This will include Commercial General Liability Insurance (including independent contractor's liability); completed operations and contractual liability, covering but not limited to, the liability assumed under the indemnification provision of this Agreement, fully insuring the Contractor's liability for injury or death of owners, employees, and third parties, extended to include personal injury liability coverage, and for the damage of property of third parties, with the following limits: Bodily Injury Liability $1,000,000.00 Property Damage Liability Aggregate $1,000,000.00 Contractor's insurance shall be primary, include worker's compensation coverage, and shall be endorsed to provide a waiver of subrogation in favor of the City. The City shall be named as an additional insured on the Contractor's policy. 9. The Contractor shall be solely responsible for the terms of this Agreement, and may not sublet or franchise the operation at this location to another individual or organization without prior written consent from the City. AGREED to on this the day of 2013. THE CITY OF THE COLONY, TEXAS FUN NIGHT OUT, LLC, dba SATURDAY NITE OUT A Texas home-rule municipality A Texas limited liability company 5800 Main Street 3409 Capetown Drive The Colony, Texas 75056 Denton, TX 76208 By: By: y P ell Matthew Sharp y Manager d By: Christine Sharp Date: Date: