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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ORIGINAL
Subject: RESOLUTION OF THE 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
MICC Meeting Date: Sept. 2, 2003
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation and
Community Services Dept.
Date: August 26, 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.
Recommended Motion:
Adopt Resolution
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Contact person: Lemuel P. Randolph
Phone: 384-5030
Supporting data attached: Staff reoort reso. & Contract Ward: ih Ward
FUNDING REQUIREMENTS:
Amount: NIA
Source: (Acct. No.) 134-000-4861
(Ar.r.t nA~r.rirtinn)
Finance:
Council Notes:
\2.b~J.J-Z0:)3- Z-S"c)
Agenda Item No.
11/
CJ /;"/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 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, 20m.
Background:
The Mayor and Common Council approved the concessionaire contractual agreement with
Diamond Creations as the concessionaire for the San Bernardino Soccer Complex. It was
discovered after approval of this contract that the dates were August 19, 2003 through October
19,2003, rather than the intended date of November 19,2003 so that the term of the agreement
would be for 90 days. The only modification made by Amendment No.1 is the changing of the
date from October 19, 2003 to November 19, 2003 in the two Sections referenced in Amendment
NO.1. Therefore, the Parks & Recreation Department is requesting that the attached
Amendment NO.1 be approved by adoption of the resolution.
Financial Impact:
None
Recommendation:
Adopt Resolution.
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CITY OF SAN BERNARDINO
CONCESSIONAIRE CO:\YTRACTUAL AGREEMENT
TERMS Ai\'D CONDITIONS
THIS AGREEME0JT is entered into this 20'h day of August 2003, by the D]rector 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 f"llows
LOCA TION or CONCESSION. The CONCESSIONAIRE shall operate the north and south
conceSSlOn 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 Clly 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,
CO]\;SIDERATION. As consideration to be paid by CONCESSIONAIRE to CITY for the
rendering of services pursuant to t111S Concession Agreement, CO"iCESSIOl"AIRE shall pay to
CITY 25 ncrcent of gross nronts for all sales at the San Bernardino Soccer Comnlex
"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 CONCESSIO"'AIRE, or any vendor or entlty hired by or
contracted by CONCESSIONAIRE, minus only sales tax, with no other deductions or
arrangements (in writll1g 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]s late, CONCESSIONAIRE agrees to pay $100 surcharge to the CITY.
Al 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.
TERrvl OF AGREE!\lE0:T & EFFECTIVE DATES. The term of this Concession Agreement
shall be August 20, 2003 through October 19,2003 with an op\]onto extend for one (I) 90 ~ay
extension upon mutual written consent of the CONCESSIONAIRE and CITY. JJo, /
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OPERATING EXPENSES COl"CESSlO!\AlRE shall bear all responsIbIlIty for a]1 opeuti('l1J]
expenses of the Concession area, including but not limited to costs of insurance. licenses, anJ all
other expenses in connection with use and operatIon of all concessIon facilIties.
LlCE0:SI\:G. CONCESSIONAIRE shall obtarn a Business and Registration Certificate from
CITY prior to commencement of business operations pursuant to tlm Agreement. !' urthcr.
CO:\CESSIO\:AlRE shall obtain any required permits or Ircenses whIch may be requIred from
the CIty of San Bernardino, and/or County of San Bernardrno Health Department pertaining to
the food and be\erage concession, and/or any other permits or appro\als requIred by any
go\ernmel1tal agency ha\lng Jurrsdiction therefore.
:\ON-ASSIGNABILlTY /Sl'BLEASE CO'\JCESSJOl'\AIRE shall not sublease or otherwise
assign any rights or obligalJons assumed pursuant to entry into this Agreement without the prior
wrincn consent of thc Parks, Recreation & CommunIty Ser\ices Department of CITY. In the
C\ ent such consent is ultimately sought and granted, CONCESSIONAIRE shall, III any case,
contInue to bear responsibility for compliance with all condItions of this Concession Agreement
by appro\ed partIes to ",'hom such premIses may be sublet or otherwise assigned.
RECORDS !\1.-'\INTEJ\'A:\CE. CONCESSIO)\;AIRE shall maintain a complete inventory of all
personal property and equipment owned by CONCESSIONAIRE, whIch inventory shall be
re\rewed and approved by the Parks, Recreation & Community Services Department of CITY.
CO)\;CESSlONAIRE IS required to maintain a method of accounting of the receipts and
dIsbursements in connection with the subject concessions which shall correctly and accuratelv
rellect the gross sales receipts and disbursements receIved or made by CONCESSIONAIRE
li'om 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 COl"CESSIONAlRE'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
perrod, 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 ewnly (50;50) between the
CITY and the CONCESSIONAIRE, All information ,.btained in connection WIth CITY'S
inspections of records or audits shall be received and maintarned 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 !\1AINTENAJ"CE. CONCESSIONAIRE shall maintain all improvements and
premises to be rented for CONCESSIONAIRE's use, to standards of repair, orJerliness,
neatness, sanItation and safety acceptable to the Parks, Recreation & Community Services
Department of CITY Sueh 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 ] 00 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-o"'ncd facilities;
howc\er, CO!\CESSIONAIRE shall bear responsibility for immediate notification to the Parks,
Recreation & Community Services Department of CITY of any necessary repairs or any unsafe
condition.
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CO:\CESSIO\:/\JRF shall not co:1tract wlth any outside maintenance personnel to effect an)
rerairs on any prorerty owned by CITY. CO~CESS10~AIRE shall not construct any new
Improvements or make any modificalions 10 the eXisting premises and ]mrrO\ (ments thereon
CO"CESSIO:\AIRE, ]115 agents and employees, shall exercise due diligence ln protectll1g lhe
land and property of CITY covered by and used ll1 connection w]th the Concession, and shall pal
L"r any damages, not deemed to be ordinary \\ear and tear, directly result]ng from the negligence
of COJ\CESS10;\A]RL including but not limned to liolation of the terms of this '\greemenl
HOLD HAR\lLESS. CO"CESSIOJliAIRE hereby agrees to and shall, hold CITY, ]ts elected
and appoll1tcd officlals, attornel'S, boards, officers, agents and employees, harmless from anI'
liabi]]ty for damage or clalms for damage for personal injury, including death, as well as from
clalms for properly damage which may arise from Concessionaire's or any subcontractor's
operations under tlm Agreement, whether such operations be by CONCESSIO;v,;AIRE or any
subcontractors, or by anyone or more persons directly or indirectly employed by, or acting as
agent for, CO;v,;CESSIO\!,\IRE or any subcontractor.
That CITY does not, and shall not, waive any nghts against CO]\;CESSIO]\;A1RE which it may
hal'e by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or
the deposit with CITY by COCiCESSIONAIRE, of any of the insurance policies hereinafter
descnbed herein: and that the aforesaid hold harmless agreement by CO]\;CESSIONAIRE shall
apply to al I damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid orerations of CO"'CESSIO~AIRE or any
subcontractor. regardless of whether or not such insurance policies shall hal'e 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
appOlntcd 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 aprly 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 oHice in enforc1l1g this Agreement on behalf
of the Cny shall be considered as "attorney's fees" for the purposes ofth]s paragrarh
I~SCRA~CE CONCESSIONAIRE shall not commence work under this agreement until it
shall hal'e 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 maintall1 during the life of this agreement, worker's
compensation insurance for concessionaire's employees employed at the site of improvements
and if any \vork 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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CO:\CFSSIO'iAlRF shall :nJemnd\' CITY fur any damage resultll1g to It from fa:lure 01 (lthel
CO'\CESSIO^-JAIRF or any subcontractor to take out or maintain such insurance
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Pubi:c I.lab:llty and I'rc)pert\ Damage Insurance.
CO:\CESSIO'\AIRE shall take out and malntaln during the i:fe of this agreement such public
Jlab:llty and pro pert\' damage insurance as shall protect CITY, its elected and appointed officials.
attornc\s, boards, officers, agents and employees, and CONCESSIO"JAIRE from any claIms for
damages for persona1ll1jury, including death, as well as from claims for propeny damages which
ma\ ansc from ConcessIonaIre's ur any subcontractor's operations under this agrcement,
\\hether such operatIon bc by COl'-'CESSIONAJRE or by any subcontractor, or by anyone
directly or indirectly emplo\'cd by either CO'\CESSIO'\AIRE or any subcontractor. and the
amounts of such ll1surance shall be as follows:
\\hile not restricting or limlling the foregoing, during the term of this Agreement Contractor
shall maintaIn Il1 effect policies of comprehensive public, general, and automobile liability
insurance, in the amount of S; 1,000,000 combined single lunit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Rlsk Manager prior
to undertaking any work under this Agreement.
The insurance POllC) shall include an ENDORSE!vlE"iT 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 negi:gent acts, errors or omissions or willful misconduct
in its performance of any work under this agreement, and also providing that such insurance is
pnmary Insurance v, nh respect to CITY and that any other insurance maintained by CITY is
excess lnsurance. Sald insurance policy EI'\DORSEME'\T shall also include the requirement that
the insurance company provide ten (10) days written notIfication to the City pnor to material
alteration or cancellation of said policy.
OPERA TIO'\ OF FACILITIES CO'.:CESSIONAIRE shall keep the facilities open and
a\ailable for business, dunng 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 grve monthlv schedules to CO)\JCESSIOl\AIRE denoting all
aCli\ity/programs occurring at the San Bernardino Soccer Complex.
The Parks, Recreation & Community Services Department of CITY shall have discretionary
cuthomy to establish reasonable regulations pertaining to Concessionaire's operations, as may be
reqUIred. Any such changes shall be communicated to CONCESSIONAIRE in writing a
mil1lmum of three (3) days prior to lmplementation.
:--JON-DISCRI'vllNA T]O"l. CONCESSIONAIRE shall not discriminate against any employee
or appi:cant 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
lIlclude, but not be limited to, the employment, upgrading, demotion, transfer, recommitment or
recruitment, advertising, layoff or termination, rates of payor other terms of compensation.
CO"iCESSIOl\AIRE and his'her employees shall not discriminate against any patron or user of
the concession facillties based upon gender, race, religion, color or national on gin by refusing to
furnish sen'ices or accommodation under the control of CONCESSIONAIRE by \'irtue of this
Agreement
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AD\'ERTlSI",G '..;0 ad\ertlsing material. price lists. signs. billboards. ell' shall be distributed
or displayed without the prior WrItten aprrmal of the Parks. Recreallon & COmmunll\ Sen Ices
Department of CITY.
CO\;CESSIONAIRE '..;OT DfE'\lED E'\1PLOYEE AGENT OF CITY. AI] cumpensatil)n to be
paid emrlo\ees of CONCESSIO!\;..\IRE shall be the sole responsibility of CONCESSION.-\IRE,
Jnd said employees shall not be deemed ofiicers, employees or agents of CITY
TEF'\lINA lION OF AGREEMENT - FOR CALSE. CITY may terminate tillS Agreement for
cause in the event CONCESSIONAIRE fails to operate the Concession in accordance \\lth the
terms and conditions stated herem, mcludll1g, but not limited to the "reasonable regulations as
may be required" t\\ the Parks, Recreation and Community Ser\lces Departmcnt to
ConcessIOnaire in writing pursuant to the "OPERATlON OF FACILITIES" section herein. In
the event of such failure by CONCESSIO;-\AIRE to perform, CITY shall provide "ritten notIce
to CONCESSIONAIRE of specific deficiencies and shall prOVide C01'\CESSIONAIRE five (5)
calendar days from the date of such notification to correct deficiencies, and to demonstrate to the
satlsfacllon of the Parks, RecrealJon & Community Sen'lces Department of CITY that any
correction wtll be ongoing In the event the terms of this Agreement continue to be violated after
the period wJlhin which correClJons must be made, a hearing shall be set within Five (5) working
days 10 consider termination of this Agreement for cause. Said hearing shall be conducted by the
Director of tile Parks, Recreation & Community Services Department of CITY or IllS designee.
] 11 the event either party is dissatisfied with the decision of the Director, the matter may be
appealed to tile City Counctl of CITY, whose deCIsion shall be final and binding
.
In the e\ em COJ\CESS]()J\AIRE IS adjudged bankrupt, makes a general assignment for the
bmefit of ConcessIOnaire's creditors, or if a receiver is appointed Il1 the event of
Cnncessionaire's insollcncy, CITY may immediately termll1ate 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 a\atlable at law or in equity.
Termination by CITY for cause will not result in an equitable adjustment of price of agreement.
TER'\HNA no\: FOR COJ\VE1'\IENCE. The CITY for its convenIence may terminate 111 whole
or in part upon thirty (30) calendar day's written notice this Agreement. If such tennlllatlon is
effected, an equitable adjustment In the prIce prllVlded for In thIS Agreement shall be made
Such adjustment shall pro\ide payment to the CITY of 25% of gross profits for all sales at San
Bernardll10 Soccer Complex, not yet remitted bv the ConceSSIonaire to City LJpon receipt of
termll1ation notice, CONCESSIO!\!AIRE shall promptly disconlJnue sen'ices 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.
TER\1INA nON OF CONTRACT. In the event of the termination of the contract agreement,
eJlher Il1 whole or Il1 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 \'endor therein agreed to
supply, shall be borne and paid for by the vendor,
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LEGAL ACTlON A]\;D A TTORNEY'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
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parties hereto agree to use lhelr heSt efforts to Ob13111 a change of n:nuc Id San Bcrnardll1\)
Count\'. State of Califorma The plTlailing party in any such action shall be entitled to Its
reasonable cost and attorne\'s fees to he paid by the losing pan, as lixed r'l the court The
(osts. salar) and expenses of the Cit, ,\ttorney and members of his office 111 such action on
behalf of the City shall be considered as "attorney's fees" for the purposes of this sectll'n.
CO;\CLl'SION OF AGRIT\lE;\T. L'pon conclusion or termination of this ,\greemeI1L
CO:\CESSIONAIRE shalL .llllhin thirty (30) d:!\ s c,f such conclusion. remole all property
belonglllg to CONCESSION,\]RL and after such remol'ai. shall restore the area to Its original
condillon to the satisfaction of the Parks, Recreation & Community Scn ices Department
Director of CITY. In the (\ent CONCESSIO\JAIRE fatls to remove such property, CiTY shall
hale the nghtto remove and dispose of such property and shall seek payment of all costs of such
remOI al and disposal from CONCESSIONAIRE.
CO'.lPLlANCE WITH ALL APPLICABLE LA WS In all operations under this Agreement.
CONCESSIO?\iAJRE shall compl) with all applicable federal, state and local regulallons,
mcJudlng but not limited to non-dlscrimination.
RIGHT OF E0:TR Y. Officers, agents and employees of CITY shall at all times hale the right to
enter the C('ncession budding and surrounding grounds for any lawful purpose, including but not
limited to inspectlon for adherence by CO!\:CESSIO?\iAIRE to terms and conditions of tillS
:\greement
DISPUTE RESOU:TION. In the event a dispute arises between the parties as to an)' of the
lerms of Ihls Agreement. tbe matter shall be submitted for decision to Ihe Director of the Parks,
Recreation and Community Services Depa11ment of CITY.
EJ\ TIRE AGREE\lENT SCBSEOLTl\T !\lODIFiCXIION TIllS Agreement is intended to.
and does, contain the entire agreement of Ihe 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 modlfied orally and any modification of this agreement must be
entered into in wnting by the CITY and CO"iCESSIOJ\AIRE. under the same formalities as are
required for the execution of this Agreement. The provisions of thlS paragraph do not apply to
second paragraph of the "OPERATlOJ\ or FACILITIES" section herein, whereby the "Parks,
Recreation & Commu11lty Services Department of CITY shall have discretionary' authorlly to
establish reasonable regulations pertaining to Concessionaire's operations, as may be required."
ASSIGJ\\1ENT OF AGREE'.1ENT BY CITY. The ClTY 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.
PORTABLE EOl'IP\1EJ\iT Any portable equipment furniture, supplies and materials provided
by the CONCESSIONAIRE shall remain the property of the CONCESSIO?\iAIRE and taxed
accordingly to the COJ\iCESSIONAIRE. Such portable equipment, furniture, supplies and
materials shall remain at the concession sites during the life of this Agreement and replaced,
repatred, or restored by the CONCESSIONAIRE as necessary so that it remains in good
operating order and appearance, but may be removed bv the CO:-iCESSJO?\AJRE upon
tenninatlon of this Agreement. Further, COi\CESSIONAIRE hereby ackno\; ledges that this
Agreement may create a possessory interest subject to property taxation pursuant to the
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CJ[,fornia Re\cnue and TJXitlion Code, and that CO\:CESSIO\:AIRE IS subject ;0 p3\mel1l ,,(
scud taxes if so le\led on such mteres!.
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\:OTICES. AI1\ notice reqUired l,r penTIlttcd to be given hereunder shall be In \\ntmg and m3\
be gi\'en b\' personal ddi\ery or b\' certified mail, and if gi\cn personal I) or h) mail, shall be
deemed sufficiently gi\en If addressed to ClTY or CO'\CESSlO\:,.\lRE at the address as
fullnws
TO CITY
Lemuel P. Randolph, Director
Parks. Recreation and CommunJty Services Der!.
547 r-.; Sierra Way
San Bernardino, CA 924 I 0-48 I 6
TO CO\:CESSIO"AIRE
Diamond Creations, lnc
% Arrowhead Credit Union Stadium
280 South "E" Street
San Bernardino, CA 924 I 0
.~lERCHA.\DlSE CO"CESSIO]\;AIRE w1l1 pro\'ide an arra\' of foodstuffs, soft drinks. candies,
popcorn, etc (See Appendix" I "). If soft drinks are dispensed by \'endmg machines cups, cans.
or bottles shall be used All merchandise, including hut not limited to sporting goods, garments,
curips, food. drinks, beverages, confectIons, refreshments, etc., sold or kept for sale by
CO'\CESSIO\:AlRE shaII conform to all Federal, State and Municipal laws, ordmances and
regulation in every respect and shall be approved by the DIrector of Parks, Recreation and
Communlly Services in advance of sales. The handling of all edible merchandise is suhJect to
Count\', State and local sanitation requirements
e Ii\; \\IT''!ESS WHEREOF, the parties hereto ha\'e executed this agreement as of the date and
\ ear abo\'c written.
Concessionaire:
F~deral Tax lD No
Address:
Street
Cit\
Zip Code
B\:
Date:
Printed Name and Title'
City of San Bernardino
B\':
Date
Printed Kame and Title:
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Append:x "I"
Proposed Menu & Comparison
Menu Item
Meat Items:
Kids Dog (10/1)
Jumbo Dog (5/1)
Hamburger
Cheeseburger
Ita!. Sausage w/ peppers
Chicken Sandwich
Tri-Tlp Sandwich
Snack Items:
.
Churros
Pretzels
Chips
Red Ropes
Ice Cream
Sunflower Seeds
Peanuts
Candy
Popcorn
Nachos
PrevIous
Diamond Creations
noo
Not Available
$450
$5.00
Not Available
$6.00
$600
$200
$2.75
$3.50
$3.50
$3.50
$3.50
$4.00
$1.50-10"
$2.75
$1.00-125oz
Not Available
$1.50
Not Available
Not Available
$100
Not Available
$250
$2.00-16"
$2.50
$] .25-2.5oz
$1.50
$2.00
$1.75
$2.75
$100
$2.00
$2.50
Breakfast Items: Previous Diamond Creations
Bagels $175 $1.50
Donuts $100 $1.00
Muffms $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 $ 1.50-1 6<Jz $2.00-23oz
16 oz Soda $1.50 $1.00
. 22 oz soda $2.00 $1.75
32 oz Soda $2.50 $2.25
CXM'ON:> CREAT0'4S
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DIAfv10ND CRE"'! IO\; S
Subcontractors
l\taui Wowi
A refreshing and nutfltlouS fresh fruit drink that IS very popular with families looking
for a healthy smoothle drink. Made with actual fruit, Maul Wowi comes In mango
orange, banana, raspberry, and strawberry tlavors.
Leno's Rico Taco
This is authentic Mexican at It'S finest. Leno is also at the National Orange Show,
Arrowhead Credit l'nlon Park, and at major concert festIvals in the Southem
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 S6 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 com, 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% trom 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 pnced at $350 or lower.
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RESOLUT~ Q) rP1[
RESOLUTION OF THE 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 BEIU-IARDINO SOCCER COMPLEX
THROUGH NOVEMBER 19, 2003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino or her designee is hereby authorized
and directed to exeeute on behalf of said City Amendment No. 1 to the Coneessionaire
Contraetual Agreement with Diamond Creations, Inc. to extend eoncession services at the San
Bernardino Soccer Complex through November 19, 2003, a copy of whieh is attached hereto,
marked Exhibit "AU and incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced Amendment No.1 is
reseinded if the parties fail to execute it within ten (10) days of the passage of this resolution.
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RESOLUTION OF THE 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.
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
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
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
Form and legal content:
JAMES F. PENMAN,
City Attorney
27 By:Ll~
28 rJ
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EXHIBIT "A"
AMENDMENT NO.1
TO THE
CONCESSIONAIRE CONTRACTUAL AGREEMENT
This Amendment No. I 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, 2003 with an option to extend for one (I) 90 day extension upon
mutual written consent of the CONCESSIONAIRE and CITY."
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 August 20, 2003 through November 19, 2003 with an option of one
(I) 90 day extension."
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
Judith Valles, Mayor
DIAMOND CREATIONS, INC.
By
Title
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
By
.
.
.
ORIGINAL
AMENDMENT NO.1
TO THE
CONCESSIONAIRE CONTRACTUAL AGREEMENT
This Amendment No. I to the Concessionaire Contractual Agreement is entered into this
day of , 2003, by and between the CITY OF SAN
BERNARDINO and DIAMOND CREATIONS, INe. 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 19,2003 with an option to extend for one (I) 90 day extension upon
mutual written consent of the CONCESSIONAIRE and CITY."
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 August 20, 2003 through November 19, 2003 with an option of one
(1) 90 day extension."
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
Judith Valles, Mayor
DIAMOND CREATIONS, INe.
By
Title
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
By~~7 L
{/
.
.
.
ORIGINAL
AMENDMENT NO.1
TO THE
CONCESSIONAIRE CONTRACTUAL AGREEMENT
This Amendment No. I 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.
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 August 20, 2003 through
November 19, 2003 with an option to extend for one (I) 90 day extension upon
mutual written consent of the CONCESSIONAIRE and CITY."
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 August 20, 2003 through November 19, 2003 with an option of one
(I) 90 day extension."
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
Judith Valles, Mayor
DIAMOND CREATIONS, INC.
By
Title
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
By k~)-~
c/
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 4, 2003
Lemuel Randolph, Director of Parks, Recreation & Community Servicg
:::tIl
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TO:
FROM:
Michelle Taylor, Senior Secretary
en
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cb
Cl>
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RE:
Transmitting Documents for Signature - Resolution 2003-250
"
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N rn
-.l --
At the Mayor and Common Council meeting of September 2, 2003, the City of San Bermlfdino
adopted Resolution 2003-250 - Resolution 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.
Attached are two (2) original agreements. Please sign 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 uull aud void if not executed
within 10 days, or by September 12, 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 receilJ ofthe above mentioned documents.
Signed:
Date:
9/ S"/C!)
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 9,2003
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-250 - Diamond Creations, Inc.
CC:
Attached is a fully executed copy of Amendment No. I to the concessionaire contractual
agreement between the City and Diamond Creations, Inc., to extend concession services at the
San Bernardino soccer complex through November 19, 2003. The original agreement is on file
in the City Clerk's Office.
If you have any questions, please call me at ex!. 3206.
. .
,I"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q - 'Z-03 Item # l4
Vote: Ayes 1- f) Nays .0-
Change to motion to amend original documents:
Resolution # Z Cf:) 3 - ;;J SO
Abstain -.G- Absent ...r:.;;;;-
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
NullNoid After: I() D~c> J '1:- \2.0.5
1
Date Sent to Mayor: L\-3-0':,
Date of Mayor's Signature: <j -'1-03
Date ofClerkJCDC Signature: C{_ L\-c.'.:-:s
Reso. Log Updated:
Seal Impressed:
/
,/'
Date Memo/Letter Sent for Signature: 'f - 4. -o~
~y Reminder Letter Sent on ~y:
90 Day Reminder Letter Sent on 45th day:
See Attached: ~ Date Returned: 9 - ~ -03
See Attached:
See Attached:
Request for Council Action & Staff Report Attached: Yes ./'
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985,8234,655,92-389): Yes
No By
No ---..L' By
No --...L By
No ;/ By
No / By
,/
Copies Distributed to:
City Attorney /
Parks & Rec. /'
Code Compliance
Dev. Services
EDA
Finance
,/
MIS
Police
Public Services
Water
Others:
Notes:
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 01112/01