Loading...
HomeMy WebLinkAbout2002-338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-338 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE EXECUTION OF A THREE WEEK CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND PENNY'S CREATIVE CONCESSIONS FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby ratify the execution of a three (3) week agreement with Penny's Creative Concessions related to the concession sales at the San Bernardino Soccer Complex, a copy of which is attached here to and incorporated herein by reference as fully as though set forth at length. III III III III III III III III III III III III III III 20 21 22 23 24 25 26 27 28 2002-338 1 2 3 4 5 6 7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE EXECUTION OF A THREE WEEK CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND PENNY'S CREATIVE CONCESSIONS FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the 21st day of October , 2002, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 11 12 13 14 15 ESTRADA x LIEN x MCGINNIS ~ DERRY x SUAREZ x ANDERSON x 16 MCCAMMACK 17 18 19 x Q.~. )J. c.~ Ra~l G. Clark, City Clerk 2002. The foregoing resolution is hereby approved this 2';:/0\ day of October Approved as to Form and legal content: J (Ii Valles, Mayor i of San Bernardino JAMES F. PENMAN, City Attorne . By: 2002-338 CITY OF SAN BERNARDINO CONCESSIONAIRE CONTRACTUAL AGREEMENT THIS AGREEMENT is entered into this 19th day of October 2002, by the Director of Parks, Recreation and Community Services Department on behalf of City of San Bernardino and Penny's Creative Concessions, hereinafter referred to as "Concessionaire." The parties hereto agree as follows: I. CONCESSIONAIRE: Concessionaire represents that it is capable of providing services and is granted the right and privilege to operate and maintain concession services for the sale of refreshments at the City of San Bernardino Soccer Complex located at 1789 Arden Avenue, San Bernardino, California. Concessionaire is permitted to use other vendors in the city-designated areas to provide services. Concessionaire shall pay for all licenses, permits, and liability insurance necessary for the operations granted and will require any additional vendors to provide the same for their operations. Concessionaire, in the conduct of the sales and services contemplated hereunder, shall abide by all laws, ordinances of the City, and the general rules and regulations of the Parks, Recreation and Community Services Department of the City of San Bernardino relating to activities of the type contemplated hereby. 2. CITY: City reserves the right to permit Corporate Sponsorships for tournaments and to permit sponsors of such tournament groups to provide their products as part of their sponsorship agreement in the designated tournament areas. Corporate Sponsorships will not come under the purview of this agreement. 3. PREMISES: The premises to be licensed under this agreement include the two (2) concession buildings located on the City Soccer Complex and designated areas which will be specified by City for additional vendor locations in order to provide convenient services to the public. City agrees to permit use of City facilities to accomplish concession services subject to the terms of this agreement. 4. AGREEMENT FOR USE OF PREMISES: Concessionaire and City agree that there will be a charge of twenty-five percent (25%) of the gross sales receipts for the right and privilege to operate and maintain concession services at the Soccer Complex. Concessionaire shall pay this percentage monthly, on or before the tenth day of the month following the calendar month for which the concession fees are payable. 5. MERCHANDISE: Concessionaire will provide an array of foodstuffs, soft drinks, candies, popcorn, etc. If soft drinks are dispensed by vending machines cups, cans, or bottles shall be used. All merchandise, including but not limited to sporting goods, garments, curios, food, drinks, beverages, confections, refreshments, etc., sold or kept for sale by Concessionaire shall conform to all Federal, State and Municipal laws, ordinances and regulation in every respect. The handling of all edible merchandise is subject to County, State and local sanitation requirements. 2002-338 6. BUSINESS RECORDS: Concessionaire shall be required to maintain a method of accounting of the receipts and disbursements in connections with the subject concession which shall correctly and accurately reflect the gross sales receipts and disbursements received or made by concessionaire 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 concessionaire for recording concessionaire's 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 one year, thereafter. In addition, City may from time to time conduct an audit and re-audit of the books and business conducted by concessionaire and observe the operation so that accuracy of the above records can be confirmed. All information obtained in connection with City's inspections of records or audits shall be received and maintained in confidence and shall not be disclosed to anyone not directly connected with the official business of the city. Before beginning operations, concessionaire shall contact the Finance Department to arrange for other specific accounting records. 7. HOURS/DAYS OF OPERATION: Concessionaire shall keep the concession open during all scheduled events at the agreed upon location, weather permitting, during such hours as required by the Director to adequately serve the public demand. Services are to be provided at times and on dates and at locations as specified by Director. Purpose for specifying dates and times shall be to coordinate the activities of Concessionaire with other activities and similar services being offered by other contractors under sponsorship of the City of San Bernardino. 8. MAINTENANCE OF EOUIPMENT: Concessionaire shall acquire, repair and maintain at its sole cost and expense such equipment as Concessionaire needs for the conduct of the aforesaid sales and services. Concessionaire shall pay for and obtain all licenses and permits necessary for the operations granted. 9. DEFAULT AND CANCELLATION: Concessionaire understands that City reserves the right to cancel this agreement at any time should the agreed minimum amount of service and sales fail to be provided or should facilities become unavailable due to fire, flood, or other casualty, and City shall not be liable for compensation or damage to the Concessionaire for the remainder of this agreement, should it be canceled for any such reason. This agreement shall be terminated on seven (7) days' notice at the discretion of the Director, should the Concessionaire fail to fulfill requirements, as specified herein. 10. CITY SPONSORSHIP: City shall sponsor all services to be conducted by the Concessionaire and shall coordinate the use ofrequired facilities. Concessionaire shall be solely responsible for determination of the manner and means of providing the sales and services and in providing ancillary vending services as provided for in this agreement. 11. INDEPENDENT CONCESSIONAIRE: Both parties hereto in the performance of this agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures of one another. Concessionaire is not an employee of City and is not entitled to any of the rights, benefits or privileges of the City employees including, but not limited to, medical or worker's compensation insurance. I 2002-338 12. INSURANCE REOUIREMENTS: Applicant shall procure and maintain in force during the term of this Contract and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of $1,000,000. The City. its elective and appointive boards. commissions. officers. elected officials. attorneys. al!:ents. and employees shall be named as additionally insured in the policv. The applicant's insurance will be primary to any coverage the City of San Bernardino may have in effect. Such insurance policies shall provide coverage for City's contingent liability on such claims or losses resulting from activities of the Concessionaire. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services Department. The Certificate ofInsurance must contain a requirement that it shall not be cancelled nor materially altered without 10 days written notice to the City of San Bernardino. Failure to provide insurance as stated herein will be cause for immediate termination of this contract. 13. HOLD HARMLESS' Concessionaire shall hold City, its elective and appointive boards, commissions, officers, elected officials, attorneys, 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 Concessionaire's operations under this agreement, whether such operations be by Concessionaire or by anyone or more persons directly or indirectly employed by or acting as agent for Concessionaire. Concessionaire shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of Concessionaire's operations. 14. NON-DISCRIMINATION: Concessionaire agrees that, during acliVllies as described above, no person will be excluded from participation in, denied the benefits of, or other wise subjected to discrimination on the basis of race, color, religion, national origin, age, sex, disability, marital status, or any other basis forbidden by law. 15. TERM: This agreement shall commence when approved and signed by both parties, and shall terminate on November 4,2002. 16. SCHEDULE OF EOUIPMENT AND SUPPLIES: Please list proposed concession equipment and supplies (Includes cash register and vending machines, types of food items, etc.). This is not expected to be an inventory but an indication of the type and quality of refreshments to be made available to the public. ITEM DESCRIPTION '. 2002-338 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year above written. Concessionaire: Social Security No. Address: Street City Zip Code By: Parks, Recreation and Community Services City of San Bernardino By: Director