HomeMy WebLinkAbout19-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: August 13, 2003
ORIGINAL
Subject: 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 AUGUST 20, 2003 THROUGH
OCTOBER 19, 2003 IN ACCORDANCE WITH
BID SPECIFICATION F-04-017.
MICC Meeting Date: August 18, 2003
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Depl.
Synopsis of Previous Council Action:
November 4, 2002 - Mayor and Common Council approved Resolution 2002-352 to
authorize the execution of a contract between the City of San Bernardino and Penny's
Creative Concessions for Concession Services at the San Bernardino Soccer Complex.
Recommended Motion:
Adopt Resolution
Contact person: Lemuel P. Randolph
Phone: 384-5030
Supporting data attached: Staff raDar!. reso. & Contract Ward: 7th Ward
FUNDING REQUIREMENTS:
Amount: $10.000 to $12.000 (anticiDatedrevenuetotheCity)
Source: (Accl. No.) 134-000-4861
(Ar.r.t np.sr.ripti()n)
Finance:
Council Notes:
'17-h-W.::H: ZCD3- 22/,
Agenda Item No. -1!i
1/11/03
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
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 August 20, 2003 through October 19,2003 in accordance with bid specification F-04-
017.
Background:
The Request for Proposal is for concession services for the San Bernardino Soccer Complex for
the period of August 20, 2003 through October 19, 2003 to be utilized by the Parks, Recreation
and Community Services Department. Staff is contemplating a long-term comprehensive
management services contract; therefore, this interim step is necessary to provide sufficient time
to evaluate proposals from management services companies.
The Parks, Recreation and Community Services Department prepared the appropriate
specifications and the purchasing division of the finance department published and furnished
contract bid documents to five (5) vendors and the Chamber of Commerce. Contract bid
documents were advertised in The Sun Newspaper and the City web page, bids were publicly
opened and declared on July 3, 2003. The following is a summary of bidders present on the job
walk.
Company
Diamond Creations
Americrown
Penny's Creative Concessions
La Copa Cafe
Two Guy's
Locations
San Bernardino
Fontana
Hemet
San Bernardino
San Bernardino
Proposal
Only Bid Received
No Bid
Certified No Bid
No Bid
No Bid
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Specifications as bid have been reviewed by the Purchasing Department who checked references
and background of the contractor and determined that the bid of Diamond Creations meets
specifications and requirements. After review of the proposals, Parks & Recreation staff
recommends award of a contract to Diamond Creations Inc.
Diamond Creations Inc. currently operates concessions at the Arrowhead Credit Union Ball Park,
as well as sports facilities in Alabama, Colorado, Montana, Oregon, Texas and Utah. An
agreement with Diamond Creations will provide for lower average meal cost than the current
operator .
The agreement is for the period beginning August 20,2003 ending October 19,2003, renewable
for an optional one (I) 90-day extension by mutual consent of the City and Concessionaire. The
City will receive 25% of the eross profits (minus only sales tax) for all sales at the San
Bernardino Soccer Complex in exchange for this agreement.
Financial Impact:
Twenty-five percent of gross sales to City is estimated to be between $10,000 - $12,000 for the
90-day contract.
Recommendation:
Adopt Resolution.
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t~gY./
I UJ
RE U 0:'11 NO.
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 AUGUST
20, 2003 THROUGH OCTOBER 19, 2003 IN ACCORDANCE WITH BID
SPECIFICATION F-04-017.
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 August 20, 2003 through October 19,2003, renewable for an option of one (I)
90 day 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 thirty (30) days of the passage
of this resolution.
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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 AUGUST
20, 2003 THROUGH OCTOBER 19, 2003 IN ACCORDANCE WITH BID
SPECIFICATION F-04-0I7.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
,2003, by the following vote, to wit:
Council Members:
AYES
ABST AIN ABSENT
NAYS
ESTRADA
LIEN LONGVILLE
MCGINNIS
DERRY
16 ANDERSON
17 MCCAMMACK
18
19
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Fonn and legal content:
JAMES F. PENMAN,
City Attorney
By:
.Ie
EXHIBIT "A"
CITY OF SAN BERNARDINO
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CONCESSIONAIRE CONTRACTUAL AGREEMENT
TERMS AND CONDITIONS
THIS AGREEMENT is entered into this 20th day of August 2003, by the Director of Parks,
Recreation and Community Services Department on behalf of the City of San Bernardino and
Diamond Creations, hereinafter referred to as "CONCESSIONAIRE." The parties hereto agree
as follows:
LOCA TION OF CONCESSION. The CONCESSIONAIRE shall operate the north and south
concession stand buildings (as well as satellite concessions within the soccer complex), which is
owned and maintained by the City of San Bernardino. The CONCESSIONAIRE shall bear all
responsibility for all operational expenses of the concession area, including but not limited to
costs of insurance, licenses and other expenses in connection with the use and operation of all
concessions. CONCESSIONAIRE shall maintain all improvements and premises to be rented
for concessionaire'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.
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SCOPE OF CONCESSION. CONCESSIONAIRE shall provide and operate concessions within
the San Bernardino Soccer Complex. Said concession shall involve the following:
Sale and dispensing of food, beverages, wares and merchandise as approved by the
Department of Parks, Recreation & Community;
CONSlDERA TION. As consideration to be paid by CONCESSIONAIRE to CITY for the
rendering of services pursuant to this Concession Agreement. CONCESSIONAIRE shall pay to
CITY 25 percent of gross profits for all sales at the San Bernardino Soccer Complex.
"Gross profits for all sales at the San Bernardino Soccer Complex" is defined as "the total dollar
amount of all gross sales of food, beverages, wares and merchandise sold at or from the San
Bernardino Soccer Complex by CONCESSIONAIRE, or any vendor or entity hired by or
contracted by CONCESSIONAIRE, 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."
CONCESSIONAIRE agrees to pay this amount monthly, on or before the fifth calendar day of
the month following the month for which the concession fees are payable. For each calendar day
payment is late, CONCESSIONAIRE agrees to pay $ I 00 surcharge to the CITY.
At the time of execution of this Agreement, CONCESSIONAIRE shall deliver a Performance
Bond or security deposit in the sum of the minimum annual rental to be paid by
CONCESSIONAIRE to CITY. The type and form of such security shall be reviewed and
approved for sufficiency by the Risk Management Division of the City.
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TERM OF AGREEMENT & EFFECTIVE DATES. The term of this Concession Agreement
shall be August 20, 2003 through October 19, 2003 with an option to extend for one (1) 90 day
extension upon mutual written consent of the CONCESSIONAIRE and CITY.
Page I of7
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OPERA TfNG EXPENSES. CONCESSIONAIRE shall bear all responsibility for all operational
expenses of the Concession area, including but not limited to costs of insurance, licenses, and all
other expenses in connection with use and operation of all concession facilities.
LICENSING. CONCESSIONAIRE shall obtain a Business and Registration Certificate from
CITY prior to commencement of business operations pursuant to this Agreement. Further,
CONCESSIONAIRE shall obtain any required permits or licenses which may be required from
the City of San Bernardino, and/or County of San Bernardino Health Department pertaining to
the food and beverage concession, and/or any other permits or approvals required by any
governmental agency having jurisdiction therefore.
NON-ASSIGNABILITY/SUBLEASE. CONCESSIONAIRE 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 & Community Services Department of CITY. In the
event such consent is ultimately sought and granted, CONCESSIONAIRE shall, in any case,
continue to bear responsibility for compliance with all conditions of this Concession Agreement
by approved partics to whom such premises may be sublet or otherwise assigned.
RECORDS MAINTENANCE. CONCESSIONAIRE shall maintain a complete inventory of all
personal property and equipment owned by CONCESSIONAIRE, which inventory shall be
reviewed and approved by the Parks, Rccreation & Community Services Department of CITY.
CONCESSIONAIRE is required to maintain a method of accounting of thc 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 CONCESSIONAIRE
fi'OITI 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 cxceed three months, thereafter. CONCESSIONAIRE understands that a full audit
may take place at any time during this agreement and at any time for a period of 3 months after
the end of said agreement. The cost of any audit(s) shall be paid evenly (SO/SO) between the
CITY and the CONCESSIONAIRE. 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 unless such
disclosure is required by law or unless the CITY initiates or defends itself in litigation based in
whole or part upon said information.
FACILITIES MAINTENANCE. CONCESSIONAIRE shall maintain all improvements and
premises to be rented for CONCESSIONAIRE'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 100 feet of both concession facilities, including satellite facilities; when the
concession facilities are in operation.
CITY shall bear responsibility tor major maintenance or repairs to CITY -owned facilities;
however, CONCESSIONAIRE shall bear responsibility for immediate notification to the Parks,
Rccreation & Community Services Department of CITY of any necessary repairs or any unsafe
condition.
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CO:\CESSIONAIRE shall not contract with any outside maintenance personnel to effect any
repairs on any property owned by CITY. CONCESSIONAIRE shall not construct any new
improvements or make any modiiications to the existing premises and improvements thereon.
CONCESSIONAIRE, 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 CONCESSIONAIRE, including but not limitcd to violation of the terms of this Agreement.
HOLD HARMLESS. CONCESSIONAIRE 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 Concessionaire's or any subcontractor's
operations under this Agreement, whether sueh operations be by CONCESSIONAIRE or any
subcontractors, or by anyone or more persons directly or indirectly employed by, or acting as
agent for, CONCESSIONAIRE or any subcontractor.
That CITY does not, and shall not, waive any rights against CONCESSIONAIRE which it may
have by reason of the aforesaid hold harmless agreement. because of the acceptance by CITY, or
the deposit with CITY by CONCESSIONAIRE, of any of the insurance policies hereinafter
described herein; and that the aforesaid hold harmless agreement by CONCESSIONAIRE 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 CONCESSIONAIRE 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 pcrson 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.
INSURANCE: CONCESSIONAIRE 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 CONCESSIONAIRE allow any
subcontractor to commence work on his subcontract until all similar insurance required of the
subcontractor shall have been so obtained and approved.
]. Worker's Compensation Insurance.
CONCESSIONAIRE shall take out and maintain during the life of this agreement, worker's
compensation insurance for concessionaire's employees employed at the site of improvements
and if any work is sublet, CONCESSIONAIRE 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, CONCESSIONAIRE shall provide, and shall cause each subcontractor
to provide, adequate insurance for the protection of employees not otherwise protected.
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CONCESSIONAIRE shall indemnify CITY for any damage resulting to it from failure of either
CONCESSIONAIRE or any subcontractor to take out or maintain such insurance.
2. Public Liability and Property Damage Insurance.
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CONCESSIONAIRE shall take out and maintain during the life of this agrecment such public
liability and property damage insurance as shall protect CITY, its elected and appointed officials,
attorneys, boards, officers, agents and employees, and CONCESSIONAIRE from any claims for
damages for personal injury, including death, as well as from claims for property damages which
may arise from Concessionaire's or any subcontractor" s operations under this agreement,
whether such operation be by CONCESSIONAIRE or by any subcontractor, or by anyone
directly or indirectly employed by either CONCESSIONAIRE 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 worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement.
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The insurance policy shall include an ENDORSEMENT naming CITY, its c1ected and appointed
officials, attorneys, boards, officers, agents and employees, as additional insured with respect to
liability arising out of Concessionaire'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 rcquirement that
the insurance company provide ten (10) days written notification to the City prior to material
alteration or cancellation of said policy.
OPERA TION OF FACILITIES. CONCESSIONAIRE shall keep the facilitics open and
available for business, during all of the actual hours of all scheduled event activities, during dates
of usage. from August 20, 2003 through October 19, 2003 with an option of one (1) 90 day
extension. CITY agrees to give monthly schedules to CONCESSIONAIRE 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 Concessionaire's operations, as may be
required. Any such changes shall be communicated to CONCESSIONAIRE in writing a
minimum of three (3) days prior to implementation.
NON-DISCRIMINA TION. CONCESSIONAIRE shall not discriminate against any employee
or applicant for employment based upon gender, racc, religion, COIOL or national origin, 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 payor other terms of compensation.
CONCESSIONAIRE 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 serviccs or accommodation under the control of CONCESSIONAIRE by virtue of this
Agreement.
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ADVERTISIl\:G. 1\0 advertising material, price lists. signs, billboards, ctc. shall bc distributcd
or displayed without the prior written approval of the Parks, Recreation & Community Services
Department of CITY.
CONCESSIONAIRE NOT DEEMED EMPLOYEE/AGENT or CITY. All compensation to be
paid employees of CONCESSIONAIRE shall be the sole responsibility of CONCESSIONAIRE,
and said employees shall not be deemed officers, employees or agcnts of CITY.
TERMINATION OF AGREEMENT - FOR CAUSE. CITY may tcrminate this Agreement for
cause in the event CONCESSIONAIRE fails to operatc 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 Department to
Concessionaire in writing pursuant to the "OPERATION OF FACILITIES" section herein. In
the event of such failure by CONCESSIONAIRE to perform, CITY shall provide written notice
to CONCESSIONAIRE of specific deficiencies and shall provide CONCESSIONAIRE five (5)
calendar days from the date of such notification to correct deficicncies, 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 pcriod within which corrections must bc 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 evcnt CONCESSIONAIRE is adjudged bankrupt, makes a gcncral assignment for the
benefit of Concessionaire's creditors, or if a receiver is appointed in the event of
Concessionaire'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.
Tcrmination by CITY for cause will not result in an equitable adjustment of price of agreement.
TERMINA TION FOR CONVENIENCE. The CITY for its convcnicnce may terminate in whole
or in part upon thirty (30) calendar day's written notice this Agreement. 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 Concessionaire to City. Upon receipt of
termination notice, CONCESSIONAIRE shall promptly discontinue services unless the notice
directs otherwise. CONCESSIONAIRE shall deliver promptly to CITY and transfer title (if
nccessary) all completed work, and work in progress, including drafts, documcnts, plans, forms,
data, products, graphics, computer programs and reports.
TERMTNA nON OF CONTRACT. 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 borne and paid for by the vendor,
LEGAL ACTION AND ATTORNEY'S FEES. The venue of any action or claim brought by any
party to this Agreement will be the Supcrior 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
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partics hereto agrce to use their best efforts to obtain a change of vcnue 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 officc in such action on
. behalf of the City shall bc considered as "attorney's fccs" for the purposes of this section.
CONCLUSION OF AGREEMENT. Upon conclusion or termination of this Agreement,
CONCESSIONAIRE shall, within thirty (30) days of such conclusion, remove all property
helonging to CONCESSIONAIRE, 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 CONCESSIONAIRE fails to remove such property, CITY shall
have the right to remove and dispose of such property and shall scek payment of all costs of such
removal and disposal from CONCESSIONAIRE.
COMPLIANCE WITH ALL APPLICABLE LAWS. In all operations under this Agreement,
CONCESSIONAIRE shall comply with all applicable federal, state and local regulations,
including but not limited to non-discrimination.
RIGHT OF ENTR Y. Officers, agcnts 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 CONCESSIONAIRE to terms and conditions of this
Agreement.
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.
. ENTIRE AGREEMENT/SUBSEOUENT MODIf ICA nON This Agrcement is intended to,
and docs, 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 CONCESSIONAIRE, under the same formalities as are
required for the execution of this Agreement. The provisions of this paragraph do not apply to
sccond paragraph of the "OPERA nON OF F ACILInES" section herein, whereby the "Parks,
Recreation & Community Services Department of CITY shall have discretionary authority to
establish reasonable regulations pertaining to Concessionairc's operations, as may be required."
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 agrecment.
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PORTABLE EQUIPMENT. Any portable equipment, furniture, supplies and materials provided
by the CONCESSIONAIRE shall remain the property of the CONCESSIONAIRE and taxed
accordingly to the CONCESSIONAIRE. Such portable equipment, furniture, supplies and
materials shall remain at the concession sites during the life of this Agreement and replaced,
repaired, or restored by the CONCESSIONAIRE as necessary so that it remains in good
operating order and appearance, but may be removed by the CONCESSIONAIRE upon
termination of this Agreement. Further, CONCESSIONAIRE hereby acknowlcdges that this
Agreement may create a possessory interest subject to property taxation pursuant to the
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California Revenue and Taxation Code, and that CONCESSIONAIRE is subject to payment of
said taxes if so levied on such interest.
NOTICES. Any notice required or permitted to be given hereunder shall be in writing and may
be given by personal delivery or by eertilled mail, and if given personally or by mail, shall be
deemed suf1lciently given if addressed to CITY or CONCESSIONAIRE at the address as
follows:
TO CITY:
Lemuel P. Randolph, Director
Parks, Recreation and Community Services Dep!.
547 N. Sierra Way
San Bernardino, CA 92410-4816
TO CONCESSIONAIRE:
Diamond Creations, Inc.
% Arrowhead Credit Union Stadium
280 South "E" Street
San Bernardino, CA 92410
J1ERCli4NDlSE CONCESSJONAIRE 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 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.
I0J WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and
year above written.
Concessionaire:
Federal Tax ID No.
Address:
Street
City
Zip Code
By:
Date:
Printed Name and Title:
City of San Bernardino
By:
Date:
Printed Name and Title:
Page 7 on
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Appendix"l "
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~CREATIONS
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Proposed Menu & Comparison
Menu Item
Meat Items:
Kids Dog (10/1)
Jumbo Dog (5/1)
Hamburger
Cheeseburger
Ita!. Sausage w/ peppers
Chicken Sandwich
Tri-Tip Sandwich
Snack Items:
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Churros
Pretze Is
Chips
Red Ropes
Ice Cream
Sunflower Seeds
Peanuts
Candy
Popcorn
Nachos
Previous
Diamond Creations
$3.00
Not Available
$4.50
$5.00
Not Available
$6.00
$6.00
$2.00
$2.75
$3.50
$3.50
$3.50
$3.50
$4.00
$1.50-10"
$2.75
$1.00-1.25 oz
Not Available
$1.50
Not Available
Not Available
$1.00
Not Available
$2.50
$2.00-16"
$2.50
$1.25-2.5oz
$1.50
$2.00
$1. 75
$2.75
$1.00
$2.00
$2.50
Breakfast Items: Previous Diamond Creations
Bagels $1.75 $1.50
Donuts $1.00 $1.00
MufTms $1.50 $1.50
COffee $1.50 $1.50
Orange Juice $2.00 $1.75
Hot Chocolate $2.00 $1.50
Breakfast Burritos $5.00 $4.00
Drinks:
Bottle Water $1.50-16oz $2.00-23oz
16 oz Soda $1.50 $1.00
22 oz soda $2.00 $1.75
32 oz Soda $2.50 $2.25
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DIAMOND CREATIONS
Subcontractors
Maui Wowi
A refreshing and nutritious fresh fruit drink that is very popular with families looking
for a healthy smoothie drink. Made with actual fruit, Maui Wowi comes in mango
orange, banana, raspberry, and strawberry flavors.
Leno's Rico Taco
This is authentic Mexican at it's finest. Leno is also at the National Orange Show,
Arrowhead Credit Union Park, and at major concert festivals in the Southern
California area. His menu has a wide variety ranging from burritos, tacos, taquitos,
and super nachos. He also serves combo plates with beans and rice for $6 and under.
Sophia's Roasted Corn
Sophia brings an array of roasted and baked products to the table. In addition to her
tongue tingling roasted corn, Sophia also serves hot baked potatoes and sliced apples
with caramel! All for under $3.
.
Dominos Pizza
Dominos brings national recognition to the soccer complex which has helped increase
sales at Arrowhead Credit Union Park by over 40% from a local vendor the prior
year. During the first 90 days, the menu will be limited, but as we grow into a food
court building, Dominos will have a store with a full line of products. Dominos
Products will be priced at $3.50 or lower.
.
2
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 20, 2003
TO:
Lemuel Randolph, Director of Parks, Recreation & Community Services
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-237
At the Mayor and Common Council meeting of August 18, 2003, the City of San Bernardino
adopted Resolution 2003-237 - Resolution authorizing the execution of a concessionaire
contractual agreement between the City and Diamond Creations, Inc., for concession services at
the San Bernardino soccer complex for the period of August 20, 2003, through October 19,
2003, in accordance with bid specification F-04-017.
Attached are two (2) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 30 days, or by September 17, 2003.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:,,~~
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Please sign and return
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 26, 2003
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-237 - Diamond Creations, Inc.
CC:
Attached is a fully executed copy of the concessionaire contractual agreement between the City
and Diamond Creations, Inc., for concession services at the San Bernardino soccer complex for
the period of August 20, 2003, through October 19, 2003, in accordance with bid specification
F -04-0 17. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
<;S-jl:'CB Item #
Nays .er
1'1
Resolution #
Abstain -&
Vote:
Ayes \- <0
7003 - 23'1
Absent 'I
Change to motion to amend original documents:
Reso. # On Attachments: V' Contract term: -
Note on Resolution of Attachment stored separately: ~_
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
/)' I Ct -03
3-l'1-o3
Date of Clerk/CDC Signature: ,,- Z O-<'..oS
Date Sent to Mayor:
Date of Mayor's Signature:
NulVVoidAfter: 3(:) Dr.,':' I q-n-Q3
,
Reso. Log Updated:
Seal Impressed:
./
,-
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: / Date Returned: g', JS. Q3
See Attached:
See Attached:
'6-~o 0.')
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec. /
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes-----L No By
Yes No---L- By
Yes No~ By
Yes No ,/ By
Yes No / By
EDA
Finance
./
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/0 1