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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ORIGINAL
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF TIlE CITY OF
SAN BERNARDINO RATIFYING TIlE
EXECUTION OF AMENDMENT NO.2 to THE
CONCESSIONAIRE CONTRACTUAL
AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND DIAMOND CREATIONS,
INC. TO EXTEND CONCESSION SERVICES
AT TIlE SAN BERNARDINO SOCCER
COMPLEX THROUGH NOVEMBER 19, 2004
MICC Meeting Date: Dec. 1, 2003
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Dept.
Date: November 19, 2003
Synopsis of Previous Council Action:
August 18, 2003 - Mayor and Common Council approved Resolution 2003-237 to authorize the
execution of a contract between the City of San Bernardino and Diamond Creations for
Concession Services at the San Bernardino Soccer Complex.
September 2, 2003 -Mayor and Common Council of the City of San Bernardino authorizing the
execution of Amendment No. 1 to the Concessionaire Contractual Agreement between the City
of San Bernardino and Diamond Creations, Inc. to extend concession services at the San
Bernardino Soccer Complex through November 19, 2003
Recommended Motion:
Adopt Resolution
Contact person: Lemuel P. Randolph
Phone: 384-5030
Supporting data attached: Staff reoort. reso. & Contract Ward: ih Ward
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.) 134-000-4861
(Ar.r.t np.!'lr.riptinn)
Finance:
Council Notes:
IZ.6SO lJ LC::O 3- 33, "
Agenda Item No. ~
J1/ljDJ
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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 ratifying the
execution of Amendment No.2 to the Concessionaire Contractual Agreement between the City
of San Bernardino and Diamond Creations, Inc. to extend concession services at the San
Bernardino Soccer Complex through November 19, 2004.
Background:
The Mayor and Common Council approved the Concessionaire Contractual Agreement and
Amendment No. I with Diamond Creations as the concessionaire for the San Bernardino Soccer
Complex extending the term of agreement through November 19, 2003. Since the
implementation of this contract in August 2003 revenues to the City have increased an average
of twenty percent (20%) per month from $2,500 to $3,000. Because there are scheduled soccer
events between November 20 and the next regular council meeting, the department is requesting
ratification of Amendment No.2 extending the Concessionaire Contractual Agreement through
November 19, 2004.
Financial Impact:
None
Recommendation:
Adopt Resolution.
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RESOLUTIO~.~~
RESOLUTION OF THE MAYOR A~~~ CO~CIL OF THE CITY
OF SAN BERNARDINO RATIFYING THE EXECUTION OF AMENDMENT NO.2
TO THE CONCESSIONAIRE CONTRACTUAL AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND DIAMOND CREATIONS, INC. TO EXTEND
CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX
THROUGH NOVEMBER 19,2004.
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 Amendment No. 2 to the Concessionaire Contractual Agreement with
Diamond Creations, Inc. to extend concession services at the San Bernardino Soccer Complex
through November 19, 2004, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO RATIFYING THE EXECUTION OF AMENDMENT NO.2
TO THE CONCESSIONAIRE CONTRACTUAL AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND DIAMOND CREATIONS, INC. TO EXTEND
CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX
THROUGH NOVEMBER 19, 2004.
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
, 2003, by the following vote, to wit:
day of
on the
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN LONGVILLE
12 MCGINNIS
13 DERRY
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SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
2003.
23 Approved as to
Form and legal content:
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JAMES F. PENMAN,
City Attorn
By:
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ORIGINAL
AMENDMENT NO.2
TO THE
CONCESSIONAIRE CONTRACTUAL AGREEMENT
Subject to ratification by the Mayor and Common Council, this Amendment No. 2 to the
Concessionaire Contractual Agreement is entered into this day of
, 2003, by and between the CITY OF SAN BERNARDINO and DIAMOND
CREATIONS, INC. relating to the operation of the concessions at the San Bernardino Soccer
Complex, 2500 E. Pacific Ave., San Bernardino, California.
I. The Section entitled "TERM OF AGREEMENT & EFFECTIVE DATES" is
hereby amended to now read as follows:
'The term of this Concession Agreement shall be August 20, 2003 through
November 19, 2004.
2. The Section entitled "OPERATION OF FACILITIES" is amended in the first
sentence of the first paragraph only, said first sentence to now read as follows:
3.
"CONCESSIONAIRE shall keep the facilities 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 November 19,2004.
All other terms and conditions of said Concessionaire Contractual Agreement are
unchanged and shall remain in full force and effect.
4. Failure to ratify this Amendment No. 2 by the Mayor and Common Council
during calendar year 2003 shall render this Amendment No.2 null and void.
IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein
above appearing.
ATTEST:
By
Rachel Clark, City Clerk
By
Title
D CREATIONS, INC.
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~L/
Approved as to form
And legal content:
JAMES F. PENMAN
City Au y
By
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EXHIBIT" A"
City of San Bernardino
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:
LOCATION 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.
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;
CONSIDERATION. 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 $100 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 ofthe CONCESSIONAIRE and CITY.
OPERATING 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 l2ermits 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 parties 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, Recreation & Community Services Department of CITY.
CONCESSIONAIRE 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 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 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 (50/50) 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
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areas within 100 feet of both concession facilities, including satellite facilities; when the
concession facilities are in operation.
CITY shall bear responsibility for major maintenance or repairs to CITY -owned facilities;
however, CONCESSIONAIRE shall bear responsibility for immediate notification to the Parks,
Recreation & Community Services Department of CITY of any necessary repairs or any unsafe
condition. CONCESSIONAIRE 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 modifications to
the existing premises and improvements the leon. 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 limited 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 such 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 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.
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. .
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1. 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.
CONCESSIONAIRE shall indemnify CITY for \illY 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.
CONCESSIONAIRE 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 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.
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 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 requirement that
the insurance company provide ten (10) days written notification to the City prior to material
alteration or cancellation of said policy.
OPERATION OF FACILITIES. CONCESSIONAIRE shall keep the facilities 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 (I) 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
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required. Any such changes shall be communicated to CONCESSIONAIRE In writing a
minimum of three (3) days prior to implementation.
NON-DISCRIMINATION. CONCESSIONAIRE shall not discriminate against any employee or
applicant for employment based upon gender, race, religion, color, 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 services or accommodation under the cgntrol of CONCESSIONAIRE by virtue of this
Agreement.
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.
CONCESSIONAIRE NOT DEEMED EMPLOYEE/AGENT OF 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 agents of CITY.
TERMINATION OF AGREEMENT - FOR CAUSE. CITY may terminate this Agreement for
cause in the event CONCESSIONAIRE 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 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 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 CONCESSIONAIRE is adjudged bankrupt, makes a general 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.
Termination by CITY for cause will not result in an equitable adjustment of price of agreement.
TERMINATION FOR CONVENIENCE. The CITY for its convenience 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
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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
necessary) all completed work, and work in progress, including drafts, documents, plans, forms,
data, products, graphics, computer programs and reports.
TERMINATION 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.
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LEGAL 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 office in such action on behalf of
the City shall be considered as "attorney's fees" 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
belonging 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 seek 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 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 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 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.
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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
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 Concessionaire'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 agreement.
PORT ABLE EOUIPMENT. 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 acknowledges that this
Agreement may create a possessory interest subject to property taxation pursuant to the
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 certified mail, and if given personally or by mail, shall be
deemed sufficiently given if addressed to CITY or CONCESSIONAIRE 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 CONCESSIONAIRE: Diamond Creations, Inc.
% Arrowhead Credit Union Stadium
280 South "E" Street
San Bernardino, CA 92410
MERCHANDISE: CONCESSIONAIRE 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.
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In 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:
.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
'"
December 5, 2003
Diamond Creations, Inc.
c/o Arrowhead Credit Union Stadium
280 South "E" Street
San Bernardino, CA 92410
Enclosed, please find one fully executed original Amendment No. 2 to the concessionaire
contractual agreement between the City of San Bernardino and Diamond Creations, Inc., to
extend concession services at the San Bernardino Soccer Complex through November 19, 2004.
If you have any questions, please do not hesitate to call me at (909)384-5002.
SinCer~IY, . .f
IN II" L.. (/Z c1") k
<-
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED V ALlIES: Integrity' Accountability' Respect for Human Dignity' Honesty
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): l '2.- - \ ~O :<. Item #
Vote: Ayes 1,/) Nays e-
Change to motion to amend original documents: -
'2.. \ Resolution #
Abstain . e--
'2003- 33(",
Absent -e-
Reso. # On Attachments: -=--- Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: \2--"Z- -03
Date of Mayor's Signature: l"z" 3 -03
Date ofClerk/CDC Signature: \ 2-- 6rQ<,
Date emo/Letter Sent for Signature:
60 Day Reminder Letter a :
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
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:
NulVVoid After:
By: -
Reso. Log Updated: ./
Seal Impressed: .....---
Date Returned: -
Yes~ No By
Yes No...L... By
Yes No~ By
Yes No --.L- By
Yes No 1. 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 01/12/01