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HomeMy WebLinkAbout2004-3941 2 3 4 5 6 7 8 9 10 11 1 1 1 1 RESOLUTION NO. 2004-394 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A CONCESSIONAIRE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIAMOND CREATIONS, INC. FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX FOR THE PERIOD OF DECEMBER 21, 2004 THROUGH DECEMBER 20, 2006. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City a Concessionaire Contractual Agreement with Diamond Creations, Inc. related to the concessions sales at the San Bernardino Soccer complex for the period of December 21, 2004 through December 20, 2006, renewable for an option of one (1) 1-year renewal by mutual written consent of the City and Diamond Creations, Inc., a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. %% 20 1H 21 22 23 24 25 1H 26 2711 i3 2004-394 1 2 3 4 5 11 13 14 15 16 17 211 271 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A CONCESSIONAIRE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIAMOND CREATIONS, INC. FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX FOR THE PERIOD OF DECEMBER 21, 2004 THROUGH DECEMBER 20, 2006. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th day of December Council Members: AYES ESTRADA x LONGVILLE x MCGINNIS x x DERRY KELLEY x 2004, by the following vote, to wit: JOHNSON x MCCAMMACK x Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this rd" day of December 2004. Approved as to Form and legal content: JAMES F. PENMAN, City Attorney Rikke Van Johnson, Mayor Pro Tern City of San Bernardino I e 2004-394 CITY OF SAN BERNARDINO ORIGINAL CONCESSIONAIRE CONTRACTUAL AGREEMENT SAN BERNARDINO SOCCER COMPLEX TERMS AND CONDITIONS Section 1. AGREEMENT. This AGREEMENT is entered into this _ day of _, 2004, by the Director of Parks, Recreation and Community Services Department on behalf of the City of San Bernardino, hereinafter referred to as "CITY" and Diamond Concessions of CA, Inc, dba Diamond Creations, hereinafter referred to as "CONTRACTOR". Section 2. LOCATION OF CONCESSIONS. CONTRACTOR shall have use of the north concession building and adjacent storage area as defined herein. Upon prior written direction by CITY of specific dates for specific events and specific locations, CONTRACTOR may operate the north concession stand buildings, and/or south concession stand buildings, and/or satellite, and/or mobile concessions within the San Bernardino Soccer Complex. CONTRACTOR shall maintain all improvements and premises to be rented for CONTRACTOR's use, to the standards of repair, orderliness, neatness, sanitation and safety acceptable of the Parks, Recreation & Community Services Department. Proof of insurance and a Business and Registration Certificate from the CITY shall be required prior to commencement of business operations. Section 3. SCOPE OF CONCESSIONS. Said concession shall involve the sale and dispensing of food and beverages as approved by the Department of Parks, Recreation & Community Services. CITY reserves the right to select the brand and/or distributor of food and beverage products that to the maximum extent feasible commit as sponsors of the complex. All products from these sponsors need to be competitively priced and of comparable quality or better to what is being utilized by CONTRACTOR. CITY AND CONTRACTOR will make reasonable efforts when requested to utilize tournament sponsors that do not conflict with existing complex sponsors, and make every reasonable effort to approve the use of their product through mutual AGREEMENT. CITY reserves the right to contract directly with other food vendors/concessionaires for facility events not to exceed thirty (30) days per year. CITY will make reasonable efforts to require that each tournament or event utilize the CONTRACTOR'S services to the extent that doing so will not result in loss of the tournament or event. The first sentence in this paragraph authorizing the CITY to contract with other food vendors/concessionaires will be removed, as a performance bonus, after one year if CONTRACTOR meets the performance requirements of this contract to the satisfaction of the CITY, in its unfettered judgement, except in those instances where a specific event requires special food concession arrangements or by mutual consent of both parties to this AGREEMENT. Page 1 of 11 2004-394 In the event that the CITY contracts directly with another food vendor/concessionaire for a facility event, CITY agrees that the CONTRACTOR'S food service locations and storage areas will not be utilized by the food vendor/concessionaire. Any outside food vendor/concessionaire that is contracted with shall be required to utilize their own self- contained operation. This includes the North and South stand, the North and South warehouse/storage area, ice storage containers. Power connections installed by Diamond Creations are considered general improvements to the Complex. As such, the CITY may exercise its prerogative by assigning these connections in specific cases to other vendors. Diamond Creations will receive priority consideration in those instances where a conflict may arise. The CITY will consult Diamond Creations in every instance where it may affect Diamond Creations food service for a particular event day. The cost of any energy consumption will not be borne by Diamond Creations. Any damage to power connections caused by other vendors shall be deemed the responsibility of the CITY, including the expense and prompt repair of these connections. CITY shall notify CONTRACTOR at least 30 days in advance of the scheduled event. CITY may permit CONTRACTOR to sub -contract with other selected food vendors subject to prior review and written approval of CITY. Any subcontractor arrangements established by the CITY shall receive prior review and recommendation by CONTRACTOR and shall to the maximum extent feasible minimize any adverse financial impact on CONTRACTOR based on past average sales at the Complex. Menu shall be designed to serve the particular client and shall be adjusted accordingly with the prior approval of CITY. The intent of menu and prices is to be competitive with other soccer venues by providing the highest quality and variety of food and promoting nutrition, all at the lowest reasonable cost. Section 4. Consideration. As consideration Co be paid by CONTRACTOR to CITY for the rendering of services pursuant to this Concession AGREEMENT, CONTRACTOR shall pay to CITY twenty-five percent (25%) of gross profits for all sales at the San Bernardino Soccer Complex on all CONTRACTOR, including CONTRACTOR'S subcontractor, sales. "Gross profits for all sales at the San Bernardino Soccer Complex" is defined as "the total dollar amount for all gross sales of food, beverages, wares and merchandise sold at or from the San Bernardino Soccer Complex by CONTRACTOR or any vendor or entity hired by or contracted by CONTRACTOR, minus only sales tax, with no other deductions or arrangements (in writing or verbal) of any kind being permitted prior to payment to CITY, for the right and privilege to operate and maintain concession services at the Soccer Complex." CONTRACTOR agrees to pay this amount by the following Wednesday for the previous weeks sales ending on the Sunday of the previous week. For each calendar day payment is late, CONTRACTOR agrees to pay a $100 surcharge to CITY. CONTRACTOR will audit their sales at the end of each calendar month. Any shortages or overages in commission payments must be settled with the CITY within 30 days from the end of the calendar month. No late charge will be accessed for shortages under $1,250. Page 2 of 11 2004-394 At the time of execution of this AGREEMENT, CONTRACTOR shall deliver a Performance Bond, Letter of Credit or security deposit in the sum of the minimum annual rental to be paid by CONTRACTOR to CITY. The type and form of such security shall be reviewed and approved for sufficiency by the Risk Management Division of the CITY. Section 5. Term of AGREEMENT and Effective Dates. The term of this Concession AGREEMENT shall be November 20, 2004 through November 19, 2006 with an option to extend for one (1) additional year upon written AGREEMENT of the CONTRACTOR and CITY. Section 6. Operating Expenses. CONTRACTOR shall bear responsibility for all operational expenses of those concession area(s) assigned, including storage areas and affected adjacent areas, including but not limited to costs of insurance, licenses, vector and vermin control (including but not limited to rats, mice, cockroaches, etc.), security service personnel, if deemed necessary, and other expenses in connection with the use and operation of those concessions under its ownership and/or management control as specified in this AGREEMENT or by AMENDMENT. Section 7. Stora¢e. CONTRACTOR shall be permitted to store any and all property directly associated with the terms and conditions of this AGREEMENT only in: 1) one- half of the large storage room of the North Concession Building segregated and secured by CONTRACTOR at CONTRACTOR'S expense and its adjacent smaller storage room immediately north of the large storage room as approved by CITY; and, 2) within the enclosed area designated for food concessions in the South Concession Building. All food commodities shall be properly secured within appropriate containers and/or a closed area accessible exclusively to CONTRACTOR. Section 8. Licensing. CONTRACTOR shall obtain a Business and Registration Certificate from CITY prior to commencement of business operations pursuant to this AGREEMENT. Further, CONTRACTOR shall obtain any required permits or licenses which may be required from the CITY, and/or County of San Bernardino Health Department pertaining to the food and beverage concession located at the San Bernardino Soccer Complex or any other venue designated as part of this AGREEMENT, and/or any other permits or approvals required by any governmental agency having jurisdiction therefore. An active County Health Department permit for CONTRACTOR services rendered under this AGREEMENT shall be prominently displayed in a conspicuous place at the location(s) of food service. Section 9. Non-assignability/Sublease. CONTRACTOR shall not sublease or otherwise assign any rights or obligations assumed pursuant to entry into this AGREEMENT without the prior written consent of the Parks, Recreation and Community Services Department of the CITY. In the event such consent is ultimately sought and granted, CONTRACTOR shall, in any case, continue to bear responsibility for compliance with all conditions of this AGREEMENT by approved parties to whom such premises may be sublet or otherwise assigned. Page 3 of I I 2004-394 Section 10. Records Maintenance. CONTRACTOR shall maintain an inventory of any and all equipment and submit a copy to CITY for its records upon execution of this AGREEMENT. City of San Bernardino Parks, Recreation & Community Services Department shall review and approve inventory. CONTRACTOR is required to maintain a method of accounting of the receipts and disbursements in connection with the subject concessions which shall correctly and accurately reflect the gross sales receipts and disbursements received or made by CONTRACTOR from the operation and concession. The method of accounting, including bank accounts, established for the subject concession shall be separate from the accounting system used for any other business operated by CONTRACTOR for recording CONTRACTOR personal financial affairs. All documents, books, and accounting records shall be open for inspection and re -inspection at any reasonable time during the term of the AGREEMENT and for a reasonable period, not to exceed three years, thereafter. CONTRACTOR understands that a full audit may take place at any time during this AGREEMENT and at any time for a period of three years after the end of said AGREEMENT. The cost of any audit(s) shall be paid evenly (50/50) between the CITY and the CONTRACTOR. Section 11. Access. CONTRACTOR and all its agents, employees and representatives shall have reasonable access to service locations provided CONTRACTOR provides CITY with proper notification and complies with designated access routes as determined by CITY. CONTRACTOR is responsible for providing its own transportation on and off -site, but may use CITY carts subject to availability and payment of a fee in accordance with established CITY fee schedule. Section 12. Facilities Maintenance. CONTRACTOR shall maintain all improvements and premises to be rented for CONTRACTOR'S use, to standards of repair, orderliness, neatness, sanitation and safety acceptable to the Parks, Recreation & Community Services Department of CITY. Such maintenance shall include daily and continuous cleaning and maintenance of the concession area, daily removal of trash and refuse from the premises and areas within thirty (30) feet of both concession facilities, including satellite facilities; when the concession facilities are in operation. Cleaning shall include the affected areas within thirty (30) feet of concession sales and storage area, with a general washing of external counters and walls and hard surfaces at the end of each day of the event. Pressure watering of hard surfaces within this space will be completed on a monthly basis or as necessary. CITY shall bear responsibility for routine and deferred maintenance or repairs to CITY - owned facilities; however, CONTRACTOR shall bear responsibility for any repair of facilities caused by CONTRACTOR neglect. CONTRACTOR shall immediately notify the Parks, Recreation & Community Services Department of CITY of any necessary repairs or any unsafe condition. Page 4 of 1 I 2004-394 CONTRACTOR shall not contract with any outside maintenance personnel to effect any repairs on any property owned by CITY without prior express written consent by CITY. CONTRACTOR shall not construct any new improvements or make any modifications to the existing premises and improvements thereon. CONTRACTOR, his agents and employees, shall exercise due diligence in protecting the land and property of CITY covered by and used in connection with the Concession, and shall pay for any damages, not deemed to be ordinary wear and tear, directly resulting from the negligence of CONTRACTOR, including but not limited to violation of the terms of this AGREEMENT. Section 13. Hold Harmless. CONTRACTOR hereby agrees to and shall, hold CITY, its elected and appointed officials, attorneys, boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this AGREEMENT, whether such operations be by CONTRACTOR or any subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, CONTRACTOR or any subcontractor. That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold harmless AGREEMENT, because of the acceptance by CITY, or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described herein; and that the aforesaid hold harmless AGREEMENT by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. CONTRACTOR shall indemnify, defend (if requested by CITY) and hold CITY, its elected and appointed officials, attorneys, boards, officers, agents and employees, harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of attorney's fees) arising out of or related to Contractor's performance of this AGREEMENT, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorney's fees" for the purposes of this paragraph. Section 14. Insurance: CONTRACTOR shall not commence work under this AGREEMENT until it shall have obtained all insurance required under this section and such insurance shall have been approved by the CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Page 5 of 11 2004-394 1. Workers' Compensation Insurance. CONTRACTOR shall take out and maintain during the life of this AGREEMENT, workers' compensation insurance for concessionaire's employees employed at the site of improvements and if any work is sublet, CONTRACTOR shall require subcontractor similarly to provide workers' compensation insurance for all of the latter employees, unless such employees are covered by the protection afforded by concessionaire. If any class of employees engaged in work under this AGREEMENT at the site of the project is not protected under any workers" compensation insurance, CONTRACTOR shall provide, and shall cause each subcontractor to provide, adequate workers' compensation insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. 2. Public Liability and Property Damage Insurance. CONTRACTOR shall take out and maintain during the life of this AGREEMENT such public liability and property damage insurance as shall protect CITY, its elected and appointed officials, attorneys, boards, officers, agents and employees, and CONTRACTOR from any claims for damages for personal injury, including death, as well as from claims for property damages which may arise from CONTRACTOR's or any subcontractor's operations under this AGREEMENT, whether such operation be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: While not restricting or limiting the foregoing, during the term of this AGREEMENT, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory workers' compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this AGREEMENT. The insurance policy shall include an ENDORSEMENT naming CITY, its elected and appointed officials, attorneys, boards, officers, agents and employees, as additional insured with respect to liability arising out of CONTRACTOR's negligent acts, errors or omissions or willful misconduct in its performance of any work under this AGREEMENT, and also providing that such insurance is primary insurance with respect to CITY and that any other insurance maintained by CITY is excess insurance. Said insurance policy ENDORSEMENT shall also include the requirement that the insurance company provide ten (10) days written notification to the CITY prior to material alteration or cancellation of said policy. CONTRACTOR shall provide to the City of San Bernardino Parks, Recreation and Community Services Department, within the ten days of CONTRACTOR signing this AGREEMENT, a certificate of insurance and an additional insured endorsement. Page 6 of 11 2004-394 Section 15. Operation of Facilities. CONTRACTOR shall keep the facilities open and available for business, during all of the actual hours of all scheduled event activities on those dates when contracted to provide specific services, during dates of usage. CITY will make reasonable efforts to permit CONTRACTOR to close locations except those located closest to the final tournament/event activities towards the end of the event or at a mutually agreed upon closing time. For each hour that food concessions are not open in accordance with the above, CONTRACTOR agrees to pay a $100 per hour surcharge to CITY. CITY agrees to give monthly schedules to CONTRACTOR denoting all activity/programs occurring at the San Bernardino Soccer Complex. The Parks, Recreation & Community Services Department of CITY shall have discretionary authority to establish reasonable regulations pertaining to CONTRACTOR's operations, as may be required. Any such changes shall be communicated to CONTRACTOR in writing a minimum of three (3) days prior to implementation. Section 16. Non -Discrimination. CONTRACTOR shall not discriminate against any employee or applicant for employment based upon race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, in connection with the performance of work under this AGREEMENT. The aforesaid provisions shall include, but not be limited to, the employment, upgrading, demotion, transfer, recommitment or recruitment, advertising, layoff or termination, rates of pay or other terms of compensation. CONTRACTOR and his/her employees shall not discriminate against any patron or user of the concession facilities based upon gender, race, religion, color or national origin by refusing to furnish services or accommodation under the control of CONTRACTOR by virtue of this AGREEMENT. Section 17. Advertising. No advertising material, price lists, signs, billboards, etc. shall be distributed or displayed without the prior written approval of the Parks, Recreation & Community Services Department of CITY. Section 18. CONTRACTOR Not Deemed Employee/Agent of CITY. All compensation to be paid employees of CONTRACTOR shall be the sole responsibility of CONTRACTOR, and said employees shall not be deemed officers, employees or agents of CITY. Section 19. Termination of AGREEMENT In the event of the termination of the contract AGREEMENT, either in whole or in part, by reason of default or breach thereof by the vendor, any loss or damage sustained by the CITY in procuring any service which the vendor therein agreed to supply, shall be bome and paid for by the vendor. 1. For Cause. CITY may terminate this AGREEMENT for cause in the event CONTRACTOR fails to operate the Concession in accordance with the terms and conditions stated herein, including, but not limited to the "reasonable regulations as may be required" by the Parks, Recreation and Community Services Page 7 of 11 2004-394 Department to Concessionaire in writing pursuant to the "OPERATION OF FACILITIES" section herein. In the event of such failure by CONTRACTOR to perform, CITY shall provide written notice to CONTRACTOR of specific deficiencies and shall provide CONTRACTOR five (5) calendar days from the date of such notification to correct deficiencies, and to demonstrate to the satisfaction of the Parks, Recreation & Community Services Department of CITY that any correction will be ongoing. In the event the terms of this AGREEMENT continue to be violated after the period within which corrections must be made, a hearing shall be set within five (5) working days to consider termination of this AGREEMENT for cause. Said hearing shall be conducted by the Director of the Parks, Recreation & Community Services Department of CITY or his designee. In the event either party is dissatisfied with the decision of the Director, the matter may be appealed to the City Council of CITY, whose decision shall be final and binding. In the event CONTRACTOR files a petition for bankruptcy, makes a general assignment for the benefit of CONTRACTOR's creditors, or if a receiver is appointed in the event of CONTRACTOR's insolvency, CITY may immediately terminate this AGREEMENT. Termination by CITY for cause as set forth herein shall not constitute an election of remedies and CITY shall have the right to pursue any and all legal remedies available at law or in equity. Termination by CITY for cause will not result in an equitable adjustment of price of AGREEMENT. 2. For Convenience. The CITY for its convenience may terminate this AGREEMENT in whole or in part upon thirty (30) calendar day's written notice transmitted. If such termination is effected, an equitable adjustment in the price provided for in this AGREEMENT shall be made. Such adjustment shall provide payment to the CITY of 25% of gross profits for all sales at San Bernardino Soccer Complex, not yet remitted by the CONTRACTOR to CITY. Upon receipt of termination notice, CONTRACTOR shall promptly discontinue services unless the notice directs otherwise. CONTRACTOR shall deliver promptly to CITY and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports. 3. Lesal Action and Attorney's Fees. The venue of any action or claim brought by any party to this AGREEMENT will be the Superior Court for the State of California for the County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this AGREEMENT is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to San Bernardino County, State of California. The prevailing party in any such action shall be entitled to its reasonable cost and attorney's fees to be paid by the losing party as fixed by the court. The costs, salary and expenses of the City Attorney and members of his Page 8 of 1 I 2004-394 office in such action on behalf of the CITY shall be considered as "attorney's fees" for the purposes of this section. Section 20. Conclusion of AGREEMENT. Upon conclusion or termination of this AGREEMENT, CONTRACTOR shall, within thirty (30) days of such conclusion, remove all property belonging to CONTRACTOR, and after such removal, shall restore the area to its original condition to the satisfaction of the Parks, Recreation & Community Services Department Director of CITY. In the event CONTRACTOR fails to remove such property, CITY shall have the right to remove and dispose of such property and shall seek payment of all costs of such removal and disposal from CONTRACTOR. Section 21. Compliance with All Applicable Laws. In all operations under this AGREEMENT, CONTRACTOR shall comply with all applicable federal, state and local regulations, including but not limited to non-discrimination. Section 22. Rieht of Entry. Officers, agents and employees of CITY shall at all times have the right to enter the Concession building and surrounding grounds for any lawful purpose, including but not limited to inspection for adherence by CONTRACTOR to terms and conditions of this AGREEMENT. Section 23. Dispute Resolution. In the event a dispute arises between the parties as to any of the terms of this AGREEMENT, the matter shall be submitted for decision to the Director of the Parks, Recreation and Community Services Department of CITY. The decision of the Director may be appealed to the City Council of CITY, whose decision shall be final and binding. Section 24. Entire AGREEMENT/Subsequent Modification. This AGREEMENT is intended to, and does, contain the entire AGREEMENT of the parties regarding the Concession AGREEMENT created herein and is intended to, and does, supersede all previous written and oral AGREEMENTS between the parties hereto. This AGREEMENT may not be modified orally and any modification of this AGREEMENT must be entered into in writing by the CITY and CONTRACTOR, under the same formalities as are required for the execution of this AGREEMENT. The provisions of this paragraph do not apply to second paragraph of the "OPERATION OF FACILITIES" section herein, whereby the "Parks, Recreation & Community Services Department of CITY shall have discretionary authority to establish reasonable regulations pertaining to CONTRACTOR's operations, as may be required." Section 25. Assignment of AGREEMENT by CITY. The CITY reserves the right to unilaterally assign this AGREEMENT to a third party to take over the AGREEMENT as outlined in the terms and conditions of the AGREEMENT. Section 26. Portable Equipment. Any portable equipment, furniture, supplies and materials provided by the CONTRACTOR shall remain the property of the CONTRACTOR and taxed accordingly to the CONTRACTOR. Such portable equipment, furniture, supplies and materials shall remain at the concession sites during Page 9 of 11 2004-394 the life of this AGREEMENT and replaced, repaired, or restored by the CONTRACTOR as necessary so that it remains in good operating order and appearance, but may be removed by the CONTRACTOR upon termination of this AGREEMENT. Further, CONTRACTOR hereby acknowledges that this AGREEMENT may create a possessory interest subject to property taxation pursuant to the California Revenue and Taxation Code, and that CONTRACTOR is subject to payment of said taxes if so levied on such interest. Section 27. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to CITY or CONTRACTOR at the address as follows: TO CITY: Lemuel P. Randolph, Director Parks, Recreation and Community Services Dept. 547 N. Sierra Way San Bernardino, CA 92410-4816 TO CONTRACTOR: Diamond Concessions of CA, Inc. %Arrowhead Credit Union Stadium 280 South "E" Street San Bernardino, CA 92410 Section 28. Merchandise: CONTRACTOR will provide an array of foodstuffs, soft drinks, candies, popcorn, etc (See Appendix "I"). If soft drinks are dispensed by vending machines cups, cans, or bottles shall be used. All merchandise, including but not limited to food, drinks, beverages, confections, refreshments, etc., sold or kept for sale by CONTRACTOR shall conform to all Federal, State and Municipal laws, ordinances and regulation in every respect and shall be approved by the Director of Parks, Recreation and Community Services in advance of sales. The handling of all edible merchandise is subject to County, State and local sanitation requirements. In Witness Whereof, the parties hereto have executed this AGREEMENT as of the date and year above written. CONTRACTOR: Federal Tax ID No. City, State, and Page 10 of 11 bave-� 014haW'- G.M Printed Name & Title City of San Bernardino By: ) %(,wh. k Rikkh Van Johnson, Mayor Pro Tem City of San Bernardino Date: ✓� 5 L C-u-IC_Date: O a �� Page 11 of 11 2004-394 MEATS: HAMBURGERS $4.00 CHEESEBURGERS $4.00 JUMBO DOGS $2.50 CHICKEN $4.00 nu -lip S5.75 SNACKS: CHICKEN TENDERS & FRIES $4.75 FRENCH FRIES $2.50 CHEESE FRIES $3.00 BREAKFAST BURRITO $5.00 BAGELS $2.00 FRUIT $1.50 DONUTS $1.00 SANDWICHES $4.30 PRETZELS $2.50 CHURROS $2.00 SUPER NACHOS $3.75 CANDY $1.50- $2.00 ICE CREAM S2.00 SHAVED ICE S3.00 CHIPS $1.00 COMBOS: HOT DOG COMBO $4.50 HAMBURGER COMBO $6.00 DRINKS: WATER(24OZ) $2.00 SM. SODA(22OZ) $2.00 I.G. SODA(32OZ) $2.50 JUICES(APPLE, ORANGE, GRAPE) $2.06 GATORADE(20 OZ) $2.50 HOT CHOCOLATE(20 OZ) $2.00 FRESH BREWED COFFEE $2.00 MMCAN: TACOS $1.75 BUIUUTOS S5.00 3 TACO SPECIAL W/ SODA $5.00 BURRITO DINNER PLATE $6.00 TACO DINNER PLATE $5.00 2004-394 2005 SUBCONTRACTOR MENUS SOMAS ROASTED CORN: ROASTED CORN: $3•00 CARAMEL APPLES W/ NUTS $2.50 FUNNEL CAKES $4.00 POPCORN $2.00 FRESH FRUIT $1.00 TROPICAL ISLANDS: TWO GUYS PIZZA: BACON WRAP HOT DOG $4.00 HOT DOG, W/ PEPPERS, ONIONS $4.00 PINEAPPLE SMOOTHIES $5.00 FRUIT JUICES $3.00 P1ZZA $5.00 PASTRAMI SUB $5.50 MEATBALL SUB $5.50