KIMBALL, Tenn. — With an agreement in place to host South Pittsburg's Little League baseball and softball teams, city leaders are looking for someone to run Kimball Park's concession stand for the 2014 season.
The Kimball Board of Mayor and Aldermen voted unanimously last week to approve the vendor contract's stipulations and to advertise for bids.
City Attorney Billy Gouger said he drafted Kimball's agreement based on similar contracts in Jasper, Tenn., and Powells Crossroads, Tenn., which have been in place for years.
Gouger said he added a termination clause to the contract.
"If there's an issue with the vendor, their [contracts] do not have a right to terminate," he said. "It's just a contract for a stated period of time, so I recommended that be put in."
Furthermore, none of the contracts the other towns are using have any reference to insurance or worker's compensation coverage.
It is doubtful anyone working in the concession stand will "fall under the definition of employee," Gouger said, but it is a possibility.
Officials said a clause was added to the contract that puts the burden on potential vendors to determine if they are supposed to provide worker's compensation coverage.
Gouger said the money from concessions will be deposited in a city account each night the park is open, and the town will split the proceeds with the vendor according to the agreed-upon percentage in the contract.
"That way the money stays the town's money, and then we just pay [the vendors] their percentage," he said.
Mayor David Jackson said the contract will require all bidders to submit to background checks as well.
"Probably whoever gets this is someone we'll know, but you never know who might come in here and get it," he said. "We might not know anything about them."
"Without that clause in the contract, you wouldn't have a bailout," Alderman Mark Payne said.
After all the additions to the contract template, Payne said he wanted to know if Gouger could still see a lawsuit arising from the seemingly watertight agreement.
"I can see lawsuits arising out of everything," Gouger said.
Payne said he "always thinks about these things" and requested a contract clause specifying that any disputes would have to be resolved in the Marion County court system.
"Looks like to me that will cover all the bases," Alderman Jerry Don Case said.
Officials said bids for the concession stand contract will be due at Kimball City Hall on Feb. 11 at 4 p.m. CST.
The board will have a special called meeting on Feb. 13 at 6 p.m. CST to open the bids and award the contract.
"We need to get moving on this," Jackson said. "Baseball season is about to be starting up, and we're short on time."
Ryan Lewis is based in Marion County. Contact him at ryan firstname.lastname@example.org.