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Home My WebLink About18-Parks & Recreation I .' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE EXECUTION OF A THREE WEEK CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND PENNY'S CREATIVE CONCESSIONS FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. Dept: Parks, Recreation and Community Services Dept. Date: October 14, 2002 0'< ' . i i. \" 'f . ... MICC Meeting Date: October 21, 2002 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution ~~ Ignature Contact person: Lemuel P. Randolph Phone: 384-5030 Supporting data attached: Staff reoor! rasa.. & Contract Ward: 7th Ward FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Ar.r.t np.!'lr.riptinn) Finance: Council Notes: 'Q.a.o::ld "2'OOL- S 38 10 jJ./ J 1J3.. I Agenda Item No. J g 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 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. Background: Attached for your review and ratification is a Department Contractual Agreement for a Concessionaire to provide services at the San Bernardino Soccer Complex. This agreement was signed by the Director on October IS, 2002 as a temporary solution to provide concession services for the soccer matches scheduled for October 19, through November 4, 2002. 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. Your ratification of this Concessionaire Contractual Agreement wiJI allow this Department to proceed with providing services to the public during the first three (3) weeks of operations, while a longer term agreement is prepared for the November 4, 2002 Council Agenda. Financial Impact: 25% of gross sales to City estimated at $2,000. Recommendation: Adopt Resolution. . . e e e .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ (Q) [p 1(' RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE EXECUTION OF A THREE WEEK CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND PENNY'S CREATIVE CONCESSIONS FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby ratify the execution of a three (3) week agreement with Penny's Creative Concessions related to the concession sales at the San Bernardino Soccer Complex, a copy of which is attached here to and incorporated herein by reference as fully as though set forth at length. III III III III /1/ III III III III III III III III 27 III 28 Yeo. If 10 I~//o ,--- . . . ~ e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE EXECUTION OF A THREE WEEK CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND PENNY'S CREATIVE CONCESSIONS FOR CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 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, i' City A"ttorn By: J e e e CITY OF SAN BERNARDINO CONCESSIONAIRE CONTRACTUAL AGREEMENT THIS AGREEMENT is entered into this 19th day of October 2002, by the Director of Parks, Recreation and Community Services Department on behalf of City of San Bernardino and Penny's Creative Concessions, hereinafter referred to as "Concessionaire." The parties hereto agree as follows: 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 A venue, San Bernardino, California. Concessionaire is permitted to use other vendors in the city-designated areas to provide services. Concessionaire shall pay for all licenses, permits, and liability insurance necessary for the operations granted and will require any additional vendors to provide the same for their operations. Concessionaire, in the conduct of the sales and services contemplated hereunder, shallljbide by all laws, ordinances of the City, and the general rules and regulations of the Parks, Recreation and Community Services Department of the City of San Bernardino relating to activities of the type contemplated hereby. 2. CITY: City reserves the right to permit Corporate Sponsorships for tournaments and to permit sponsors of such tournament groups to provide their products as part of their sponsorship agreement in the designated tournament areas. Corporate Sponsorships will not come under the purview of this agreement. 3. PREMISES: The premises to be licensed under this agreement include the two (2) concession buildings located on the City Soccer Complex and designated areas which will be specified by City for additional vendor locations in order to provide convenient services to the public. City agrees to permit use of City facilities to accomplish concession services subject to the terms of this agreement. 4. AGREEMENT FOR USE OF PREMISES: Concessionaire and City agree that there will be a charge of twenty-five percent (25%) of the gross sales receipts for the right and privilege to operate and maintain concession services at the Soccer Complex. Concessionaire shall pay this percentage monthly, on or before the tenth day of the month following the calendar month for which the concession fees are payable. 5. MERCHANDISE: ConcessioIlflire will provide an array of foodstuffs, soft drinks, candies, popcorn, etc. If soft drinks arl}' dispensed by vending machines cups, cans, or bottles shall be used. All merchandise, including but not limited to sporting goods, garments, curios, food, drinks, beverages, confections, refreshments, etc., sold or kept for sale by Concessionaire shall conform to all Federal, State and Municipal laws, ordinances and regulation in every respect. The handling of all edible merchandise is subject to County, State and local sanitation requirements. I . e e e 6. BUSINESS RECORDS: Concessionaire shaH 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 shaH be separate from the accounting system used for any other business operated by concessionaire for recording concessionaire's personal financial affairs. AH documents, books and accounting records shaH 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. AH information obtained in connection with City's inspections of records or audits shaH 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 shaH contact the Finance Department to arrange for other specific accounting records. 7. HOURS/DAYS OF OPERATION: Concessionaire shaH keep the concession open during aH 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 shaH 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 shaH 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 shaH pay for and obtain aH licenses and permits necessary for the operations granted. 9. DEFAULT AND CANCELLATION: Concessionaire understands that City reserves the right to cancel this agreement at any time should the agreed minimum amount of service and sales fail to be provided or should facilities become unavailable due to fire, flood, or other casualty, and City shall not be liable for compensation or damage to the Concessionaire for the remainder of this agreement, should it be canceled for any such reason. This agreement shaH be terminated on seven (7) days' notice at the discretion of the Director, should the Concessionaire fail to fulfiH requirements, as specified herein. 10. CITY SPONSORSHIP: City shaH sponsor aH services to be conducted by the Concessionaire and shaH coordinate the use of required facilities. Concessionaire shall be solely responsible for determination of the manner and means of providing the sales and services and in providing ancillary vending services as provide~.for in this agreement. .;/" II. 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. e e e 12. INSURANCE REOUIREMENTS: Applicant shall procure and maintain. in force during the term of this Contract and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the premises, in a minimum amount of $1,000,000. The City. its elective and appointive boards. commissions. officers. elected officials. attorneys. aeents. and employees shall be named as additionally insured in the policy. The applicant's insurance will be primary to any coverage the City of San Bernardino may have in effect. Such insurance policies shall provide coverage for City's contingent liability on such claims or losses resulting from activities of the Concessionaire. An appropriate certificate of insurance shall be furnished to the Director of Parks, Recreation and Community Services Department. The Certificate ofInsurance must contain a requirement that it shall not be cancelled nor materially altered without 10 days written notice to the City of San Bernardino. Failure to provide insurance as stated herein will be cause for immediate termination of this contract. 13. HOLD HARMLESS: Concessionaire shall hold City, its elective and appointive boards, commissions, officers, elected officials, attorneys, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Concessionaire's operations under this agreement, whether such operations be by Concessionaire or by anyone or more persons directly or indirectly employed by or acting as agent for Concessionaire. Concessionaire shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of Concessionaire's operations. 14. NON-DISCRIMINATION: Concessionaire agrees that, during 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. 15. TERM: This agreement shall commence when approved and signed by both parties, and shall terminate on November 4, 2002. 16. SCHEDULE OF EOUIPMENT AND SUPPLIES: Please list proposed concession equipment and supplies (Includes cash register and vending machines, types of food items, etc.). This is not expected to be an inventory but an indication of the type and quality of refreshments to be made available to the public. ITEM DESCRIPTION :;.>' .' . .' , . . . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year above written. Concessionaire: Social Security No. Address: Street City Zip Code By: Parks, Recreation and Community Services City of San Bernardino By: Director ,/ ~.. , . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): /0 -2\ -O'L Item # Vote: Ayes " ?,- '1 Nays ..e-- Change to motion to amend original documents: \'i: Resolution # 'Z.f::fYZ - 3 3 ~ Abstain e- Absent L Reso. # On Attachments: ,/ Contract term: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTY Date Sent to Mayor: I ()-Z- 3-0 ~ Date of Mayor's Signature: ;0 -Z'3 --0 d- Date of ClerklCDC Signature: 10 - ~-() ~ Date Memo/Letter Sent tor'Si~lIatu-le: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: NullNoid After: - By:- Reso. Log Updated: V Seal Impressed: V Date Returned: - seeAll..s~~ 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 V Parks & Rec. v' Code Compliance Dev. Services Police Public Services Water Notes: Yes~ No By Yes No-L By Yes No 1 By Yes No / By Yes No 7 By EDA Finance MIS 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: IH~ Revised 0[/12/01 Others: