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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: October 24, 2002
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Subject: 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.
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Dept.
MICC Meeting Date: November 4, 2002
Synopsis of Previous Council Action:
October 21, 2002 - Mayor and Common Council approved Resolution 2002-338 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.
Recommended Motion:
Adopt Resolution
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C/ ,/ Signature ~
Contact person: Lemuel P. Randolph
Phone: 384-5030
Supporting data attached: Staff reoort reso. & Contract Ward: yth Ward
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(Ar.d nA!':r.riptinn)
Finance:
Council Notes:
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Agenda Item No.
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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 contractual agreement between the City of San Bernardino and Penny's Creative
Concessions for concession services at the San Bernardino Soccer Complex.
Background:
Attached for your review is a Department Contractual Agreement for a Concessionaire to provide
services at the San Bernardino Soccer Complex through June 30, 2003. This agreement is with the
same concessionaire that has provided services during the tenure of the CYSA Foundation at the
complex. The percentage of gross sales receipts received by the City is 25%, which equals the
percentage provided to the previous facility managers. On October 21, 2002 Resolution 2002-338
was approved for a temporary 3-week agreement with Penny's Creative Concessions.
The City has the right as indicated in section No.9 Default and Cancellation, to terminate on thirty
(30) days' notice at the discretion of the Director, should the Concessionaire fail to fulfill
requirements, as specified herein.
Your approval of this Concessionaire Contractual Agreement will allow this Department to
proceed with providing concession services to the public.
Financial Impact:
Twenty-five percent of gross sales to City estimated at $28,000.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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 ofthe 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 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
meeting thereof, held
on the
day of
, 2002, by the following vote, to wit:
8 Council Members:
9 ESTRADA
AYES
ABSTAIN ABSENT
NAYS
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LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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EXHffiIT "A"
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 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 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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CONCESSIONAIRE CONTRACTUAL AGREEMENT
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. 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 REOUIREMENTS:
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 appointive boards. commissions, officers. elected
officials, attornevs. aeents. and emplovees shall be named as additionallv insured in the
policv. 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
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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.
IS. 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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CONCESSIONAIRE CONTRACTUAL AGREEMENT
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:
City of San Bernardino
By:
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 8, 2002
YOUR COPY
TO:
Bill Meyrahn, Administrative Operations Supervisor II
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-352
At the Mayor and Common Council meeting of November 4,2002, the City of San Bernardino
adopted Resolution 2002-352 - Resolution authorizing the execution of a contractual agreement
between the City of San Bernardino and Penny's Creative Concessions for concessio~ervices
at the San Bernardino Soccer Complex. ~
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Enclosed is one (1) original agreement. Please obtain signatures in the appropriate localjon and
return the original agreement to the City Clerk's Office as soon as possible, to my attentiOn.
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Please be advised that the resolution and agreement will be null and void if not executed
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and returned to the City Clerk's Office by January 3, 2003. '.0:;;,
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: 1(j;Y~~
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Please sign and return
Date:
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 8, 2002
TO:
Bill Meyrahn, Administrative Operations Supervisor II
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-352
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At the Mayor and Common Council meeting of November 4, 2002, the City of San Ife1nardino
adopted Resolution 2002-352 - Resolution authorizing the execution of a contractual agreement
between the City of San Bernardino and Penny's Creative Concessions for concession services
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at the San Bernardzno Soccer Complex. C; .
Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and
return the 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
and returned to the City Clerk's Office by January 3, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby ac
ledge receipt ofthe above mentioned documents.
Signed:
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Please sign and return
Date: / /-)z.-P2--
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11-4-(92.- Item # I In
Vote: Ayes' - '1 Nays..e--
Change to motion to amend original documents: -
Resolution # 'ZOO 2. - 35';t..
Abstain ~ Absent e-
Reso. # On Attachments: V Contract term: -
Note on Resolution of Attachment stored separately: =--
Direct City Clerk to (circle l): PUBLISH, POST, RECORD W/COUNTV
Date Sent to Mayor: --.ll ~:; --0 2-
Date of Mayor's Signature: 11- '" -Cl ?
Date ofClerklCDC Signature: \ [-.,-0 d-
NulVVoid After: 100 ~.s. } 1- <'-(')6
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By: -
Reso. Log Updated: ~
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Seal Impressed:
Date MemolLetter Sent for Signature: \ \ -y --0 r
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: L Date Returned: JI-ll!M; ?'
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV 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 V
Parks & Rec. ,,/
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
VesL No By
Yes No--.L- By -
Yes No V 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: (}'l1 Date: 11-)( -o'?"
Revised 01/12/01