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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: November 10, 2004
OR\G\NAl
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
MAYOR OR HER DESIGNEE TO EXECUTE
AMENDMENT NO. 3 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 FROM NOVEMBER 19, 2004
THROUGH DECEMBER 20, 2004.
MICC Meeting Date: Nov. 15, 2004
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Dept.
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. I 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
December I, 2003 - 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.
Recommended Motion:
Adopt Resolution.
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~Ign re -
Contact person: Lemuel P. Randolph
Phone: 384-5030
Ward: 7'h Ward
Supporting data attached: Staff report reso & Contract
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.) 134-000-4861
(Ar.d DE'~Crirtion)
Finance:
Council Notes:
.i2e~ ~ 2ttA- ~l
Agenda Item No. a.J
If I / ~ 101
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor or her designee to execute Amendment No. 3 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 from November 19, 2004 through
December 20, 2004.
Background:
The Mayor and Common Council approved the Concessionaire Contractual Agreement and
Amendment No. 1 with Diamond Creations as the concessionaire for the San Bernardino Soccer
Complex extending the term of agreement through November 19, 2003.
Amendment No.2 extended the Concessionaire Contractual Agreement through November 19,
2004. The department is now negotiating a new contract with Diamond Creations; however, the
negotiations will not be resolved prior to the Concessionaire Contractual Agreement termination
date of November 19, 2004. The attached resolution authorizes an extension of the current
Concessionaire Contractual Agreement through December 20, 2004. This should allow the time
necessary to complete negotiations for a new Agreement prior to the December 20, 2004 council
meeting.
Financial Impact:
None
Recommendation:
Adopt Resolution.
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(C~[py
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AMENDMENT NO. 3 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 FROM NOVEMBER 19, 2004 THROUGH
DECEMBER 20, 2004.
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 Amendment No. 3 to the Concessionaire Contractual
Agreement with Diamond Creations, Inc. to extend concession services at the San Bernardino
Soccer Complex from November 19, 2004 through December 20, 2004, 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 Amendment No.3 is
rescinded if the parties fail to execute it within ten (10) days of the passage of this resolution.
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21 2004.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE AMENDMENT NO. 3 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 FROM NOVEMBER 19, 2004 THROUGH
DECEMBER 20, 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
day of
, 2004, by the following vote, to wit:
on the
AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
day of
The foregoing resolution is hereby approved this
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Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
AMENDMENT NO.3
TO THE
CONCESSIONAIRE CONTRACTUAL AGREEMENT
This Amendment No. 3 to the Concessionaire Contractual Agreement is entered into this
day of , 2004, 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.
1. The Section entitled "TERM OF AGREEMENT & EFFECTIVE DATES" is
hereby amended to now read as follows:
"The term of this Concession Agreement shall be November 19, 2004 through
December 20,2004.
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:
"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 November 19, 2004 through December 20, 2004.
3. All other terms and conditions of said Concessionaire Contractual Agreement are
unchanged and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein
above appearing.
ATTEST:
CITY OF SAN BERNARDINO
By
Rachel Clark, City Clerk
By
DIAMOND CREATIONS, INC.
By
Title
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
By L 7-/~
()
,>
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE f<ECi Iii'
Records and Information Management (RIM) Program
'r! I ",
'04
NOV 22 All :52
DATE:
November 17, 2004
TO:
Debbie Piantadosi, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-359
At the Mayor and Common Council meeting of November 15,2004, the City of San Bernardino
adopted Resolution 2004-359 - Resolution authorizing the Mayor or her designee to execute
Amendment No. 3 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 from November 19,2004, through December 20,2004.
Attached 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
within 10 days, or by November 25, 2004.
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.
/'/7/~ .
~ I // ................ /
Signed:e- ~" ) ~
Date: /,;I~~~
Please sign and return
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11- IS - 04 Item # 2( Resolution #
Vote: Ayes \-'1 Nays .Jd Abstain-0
Change to motion to amend original documents D Companion Resolutions
'ZC.X) L\ - 359
Absent -e-
NulINoid After: j a days /
Resolution # On Attachments: D
I \-;;~$--O,\
Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
iI - I (..,-al \
\ k 1 /0-0 ~
/H'I-O.q
Reso. Log Updated:
Seal Impressed:
w-
g..-
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
ll-li-o"l Date Returned: l\-L<\ -(:)~ Not Retumed: D
Znd Reminder Letter Sent:
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):
Yes / No By
Yes No-L By
Yes NoL By
Yes NO+BY
Yes No_ By_
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation B"
City Attorney ff Finance ~ Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others: L~
Notes:
Ready to File: _
Date:
Revised IZ/18/03