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<br />16
<br />VENDOR LICENSE AGREEMENT
<br />
<br />
<br />This Agreement is entered into between the City of San Marcos, a
<br />municipal corporation operating under a homerule charter pursuant to
<br />the laws of the State of Texas, hereinafter referred to as "City", and
<br />TRIRO, INC.whose business address is P.O. Drawer BB, College Station,
<br />Texas 7784Ø, hereinafter referred to as "Vendor".
<br />
<br />1. PURPOSE. The purposes of this Agreement is for the City to secure
<br />the services of Vendor to provide certain services and products to
<br />those members of the general public who use the area around and
<br />including City Park during the time when the Houston Oilers are
<br />conducting their pre-season training camp in San Marcos, July 23,
<br />199Ø through August 22, 199Ø.
<br />
<br />2. USE OF CITY PROPERTY. City grants Vendor a license to use
<br />designated areas of City property, including a portion of that
<br />property known as "Ci ty Park" for the sale of the following
<br />products and/or services:
<br />
<br />T-shirts, pennants, caps, jackets, bumper stickers, buttons,
<br />visors, pencils, pens, autographed Oiler footballs, cups,
<br />koozies and other souvenir items.
<br />
<br />The license to use City property which is provided for in this
<br />Agreement will be determined on a day-to-day basis by the City and
<br />does not include the lease of any City facility or space in City
<br />Park or on any City-owned property.
<br />
<br />3. PAYMENTS TO CITY. Vendor agrees to pay City the following
<br />percentages of its gross revenues less sales tax received from
<br />activities described in this Agreement. Such monies owed to City
<br />under this Agreement shall be paid in two payments. The first
<br />payment shall be paid on August 3, 199Ø covering all monies
<br />received since July 23, 199Ø. The second payment shall be paid on
<br />August 29, 199Ø. Both payments shall be paid at City Hall to the
<br />City's Finance Department betore 5:ØØ p.m. and will cover all
<br />monies received from the activities provided for in this
<br />Agreement:
<br />
<br />Compensation
<br />
<br />Gross Sales less sales tax City Percent
<br />$Ø - 1Ø,ØØØ 7.5%
<br />$1Ø,ØØI. - 15,ØØØ IØ.Ø%
<br />$15,ØØ1. - 2Ø,ØØØ 12.5%
<br />$2Ø,ØØI. - and up 15.Ø%
<br />
<br />4. RECORDS. Vendor shall maintain financial records which satisfy
<br />normally accepted accounting practices showing the total mon~es
<br />collected each day and the total costs of goods and services sold
<br />by Vendor. These reports shall be maintained on a daily basis and
<br />true and correct copies of said reports covering the previous
<br />weeks' activities must be provided to City by 12:ØØ noon each
<br />Monday beginning July 3Ø, 199Ø and including Monday, August 27,
<br />199Ø. The City may audit Vendor's financial records at any time.
<br />The City will audit Vendorls financial records at the end of the
<br />first two-week period of this Agreement and at the end of the
<br />Agreement period prior to payment to City.
<br />
<br />5. SALES TAX. Vendor must secure a sales tax permit to sell goods in
<br />San Marcos prior to the inception of this contract. Proof of such
<br />sales tax permit shall be supplied to the City before
<br />July 22, 199Ø.
<br />
<br />6. INSURANCE. Vendor shall carry, at its own expense, with a
<br />reliable insurance company satisfactory to City, insurance,
<br />including but not limited to worker's compensation insurance,
<br />liability insurance, property damage insurance, automobile
<br />liability and casualty, collision, fire and theft insurance, cargo
<br />insurance, insurance to cover Vendor's inventory in the event of
<br />loss and insurance to cover theft of equipment and/or material s
<br />taken or stolen from the work site. Vendor shall supply to City
<br />satisfactory evidence of the insurance coverage required hereunder
<br />prior to July 17, 199Ø
<br />
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