HomeMy WebLinkAbout2002-352
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RESOLUTION NO. 2002-352
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A CONTRACTUAL
AGREEMENT 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 of the City of San Bernardino or her designee is hereby authorized
and directed to execute on behalf of said City a Contractual Agreement with Penny's Creative
Concessions related to the concessions sales at the San Bernardino Soccer complex for the
period of November 4,2002 through June 30, 2003, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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.
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2002-352
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO TO AUTHORIZE THE EXECUTION OF A CONTRACTUAL
AGREEMENT 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. regular meeting thereof, held
on the 4th day of November
Council Members: AYES
ESTRADA x
LIEN x
MCGINNIS X
DERRY X
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SUAREZ X
ANDERSON X
MCCAMMACK X
, 2002, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
~0'. eJeur.b
JJII ~aChe1 G, Clark, City. Clerkb.t
The foregoing resolution is hereby groved this ~.INOV~~
2002.
J crith Valles, Mayor
ity of San Bernardino
Approved as to
Form and legal content:
JAMES F, PENMAN,
City Attorney
By:
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2002-352
EXHIBIT "A"
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CITY OF SAN BERNARDINO
CONCESSIONAIRE CONTRACTUAL AGREEMENT
THIS AGREEMENT is entered into this 4th day of November 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:
1. 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 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 ofthe 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 San Bernardino 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 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.
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2002-352
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CONCESSIONAIRE CONTRACTUAL AGREEMENT
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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 EQUIPMENT:
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, CANCELLATION:
Concessionaire understands that City reserves the right to cancel this agreement at any
time upon thirty (30) days advance written notice at the discretion of the Director.
10, 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,
11. INSURANCE REQUIREMENTS:
Concessionaire 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 auuointive boards. commissions, officers. elected
officials. attorneys. al!:ents. and emu10vees shall be named as additionally insured in the
uolicv. The concessionaire'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
2002-352
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CONCESSIONAIRE CONTRACTUAL AGREEMENT
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 of Insurance must contain a requirement that
it shall not be cancelled nor materially altered without 10 days advance written notice to the City
of San Bernardino. Failure to provide insurance as stated herein will be cause for immediate
termination of this contract.
12, 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, if requested by City, the
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,
13, NON-DISCRIMINATION:
Concessionaire agrees that, during activIties 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,
14. TERM:
This agreement shall commence when approved and signed by both parties, and shall
terminate on June 30, 2003.
15, 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
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2002-352
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CONCESSIONAIRE CONTRACTUAL AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and
year above written,
Concessionaire: .R~D \fl ~ Q Q.D Social Security No, SLe,4- \ \ -O-lq~
Address: 33l \ 0 f-l,u l-I,J,.5l A_/~ \:\0 Y'/\. rl- , en qd....S 1lS"
St et' \ City , Zip Code
By:
By:
Representative of Penny's Creative Concessions