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HomeMy WebLinkAboutAgenda Report - December 19, 2007 E-08AGENDA ITEM Cwpff CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt a Resolution Authorizing the City Managerto Execute an Agreement with the Boosters of Boys/Girls Sports Organization (BOBS)for Concession Operations at the Grape Bowl Stadium, Kofu, Salas, and Zupo Parks and Other Locations for BOBS Sponsored Events MEETING DATE: December 19,2007 PREPARED BY Interim Parks and Recreation Director RECOMMENDED ACTION: Adopt the attached resolution authorizing the City Manager to execute an agreement with the Boosters of Boys/Girls Sports Organization (BOBS) for concession operations at the Grape Bowl Stadium, Kofu, Salas, and Zupo Parks and other locations for BOBS sponsored events. BACKGROUND INFORMATION: The BOBS Organization is committed to providing low cost youth sports programs in Lodi. To meet this goal, the organization operates concession stands at various youth sports facilities. These facilities includethe Grape Bowl Stadium, Kofu Park, Salas Park and Zupo Field. In addition to raisingfunds for program costs, the BOBS dedicatefunds toward capital improvements at these sites. Their most recent projects include ball field renovations, batting cage installations, basketball standards and scoreboards. The concession outlets are staffed by employees of the City. The BOBS will continue to pay the City 105% of all salaries and benefitsfor these employees. Both the old and new agreement provides that the BOBS will submit a monthly concession report to the Parks and Recreation Director. Staff recommends the attached agreement authorizing the BOBS to conduct concession operations at the Grape Bowl, Kofu Park, Salas Park and Zupo Field and other locations, which will be determined by mutual agreement with the BOBS and the Parks and Recreation Director, for BOBS sponsored events for the period January 1, 2008, to December 31,2008. FISCAL IMPACT: None FUNDING AVAILABLE: NIA Steve Dutra Interim Parks and Recreation Director APPROVED: Blair Ki ity Manager EXHIBIT A B.O.B.S. CONCESSION EQUIPMENT INVENTORY AS OF NOVEMBER 06, 2007 6 Hot Dog Steamers 5 Food Steamers 3 Popcorn Machines 5 12 Cup Coffee Makers 4 42 Cup Coffee Makers 3 Ice Machines 2 Pretzel Displays/Warmers 1 Pretzel Oven with Display Case/Warmer 3 Pretzel Ovens 4 Microwaves 3 Chest Freezers 3 Upright Freezers 1 Double Upright Freezer 2 Refrigerators (owned by Pepsi) 2 Soda Machines (owned by Pepsi) 3 Fountain Machines (owned by Pepsi) 5 Casio Cash Registers 2 Wall Air Conditioners 5 Condiment Trays 5 Crock Pots 5 Electric Pots (deep fryers) 4 Serving Trays 5 Utensil Trays 4 Cheese Dispensers 6 1 -Gallon Pitchers 3 Cash Boxes Several Large Pots Several Large Utensils 1 Wooden Office Desk RAY H. H U EY, B.O.B.S. CONCESSIONS MANAGER AGREEMENT CITY OF LODI AND BOOSTERS OF BOYS AND GIRLS SPORTS FOR CONCESSION OPERATIONS AT THE GRAPE BOWL STADIUM, KOFU, SALAS, ZUPO PARKS AND OTHER LOCATIONS FOR BOBS SPONSORED EVENTS (DETERMINED BY MUTUAL AGREEMENT WITH BOBS AND DIRECTOR OF PARKS AND RECREATION) PARTIES: This agreement is made and entered into this day of , 2007 by and between the City of Lodi, a municipal corporation ("City") and the Boosters of Boys and Girls Sports ("BOBS"). The term of this agreement shall be from January 1, 2008 to December 31, 2008. RECITALS: BOBS agrees to operate concession stands at the below described parks under the terms and conditions set forth herein: • Grape Bowl Stadium, 221 Lawrence Street, Lodi, California • Kofu Park, 1145 S. Ham Lane, Lodi, California • Salas Park, 2001 S. Stockton Street, Lodi, California • Zupo Park, 350 N. Washington Street, Lodi, California TERMS AND CONDITIONS: 1. Premises: City does hereby grant to BOBS the sole and exclusive right\license to vend food and drinks, etc. at the concession stands at the Grape Bowl Stadium, Kofu, Salas, and Zupo parks and other locations for BOBS sponsored programs and events (determined by mutual agreement with BOBS and the Director of Parks and Recreation for the term of this agreement. 2. Consideration: In consideration for the granting of this right\license the parties shall do the following: 1 A. City shall provide: 1. Enclosed concession stands at the Grape Bowl Stadium, Kofu, Salas and Zupo parks with some limited City -owned equipment listed in Exhibit A which BOBS will be expected to service and maintain at BOBS sole cost and expense; 2. Water, sanitary sewer, gas, electricity, and garbage receptacles outside of the concession buildings; 3. Maintenance of the general property of the concession buildings, unless abuse and lack of general care is apparent, at which time the cost and expenditures shall be that of the BOBS. B. Concession operation conditions: 1. The City Manager is granted the right to immediately terminate this agreement upon failure on the part of the BOBS to keep in full force and effect during the entire term of this agreement, the insurance required herein; 2. BOBS shall, prior to opening for business, furnish a products and price schedule and shall follow the products and price schedule as mutually agreed to between BOBS and City; 3. BOBS shall provide all equipment and merchandise necessary to operate said concessions except the equipment listed in Exhibit A; 4. BOBS shall keep accurate records and books of accounts of all purchases and sales and does hereby give to the City or its authorized agents, the right to examine and audit said books at any reasonable time. The BOBS will complete monthly reports, and these reports shall be filed with the City by the tenth day of every month while said concession is in operation; 5. BOBS shall operate said concessions on program game dates at times commencing 15 minutes before first scheduled game or event time and closing no earlier than the conclusion of the last scheduled game and/or 9:30 p.m.; 2 6. BOBS agrees to obtain at its own expense, any and all permits and licenses which may be required by law or ordinance in conducting the concessions, and to pay any and all taxes which may be assessed against it for whatever purposes in the operation of said concessions; 7. BOBS shall keep the concession stands and the immediate surrounding area in a clean and presentable condition at all times and follow the strictest of sanitary conditions, and any State and local ordinances applicable to the business conducted. BOBS shall give the City written notice of any maintenance problems; 8. The rights granted hereunder for concession sales at the identified parks, shall be exclusive to BOBS for BOBS sponsored events, with the exception of football games sponsored by the Lodi Unified School District at the Grape Bowl Stadium. Subleasing by BOBS is hereby prohibited; 9. BOBS is aware that a Possessory Interest Tax is or may be charged each year by the County Assessor for the use of the facilities and that payment of this tax is the responsibility of BOBS; 10. The Parks and Recreation Director shall consult with the BOBS and the Concession Manager to approve or disapprove any employee or operator of said concession stands on the basis of such considerations as dress, general cleanliness, working relationship with the public, and staff needed to successfully vend food for day to day operations, tournaments or special events/activities. (City will coordinate this action with Concessionaire manager); 11. City reserves the right to enter upon the premises at any reasonable time, to inspect the operation and equipment thereon, or for any other purpose; 12. BOBS shall not have the right to sell, mortgage, assign or sublet this agreement or any part thereof without the prior written consent of City and any attempt to do so shall automatically terminate this agreement; 3 13. BOBS shall be responsible for the security of the concession stand and any storage buildings assigned to its exclusive use as far as locks on doors and windows or installation of an alarm system if it is deemed necessary by mutual agreement of the parties. BOBS shall be responsible for any acts of vandalism to BOBS' equipment or inventory; 14. At the conclusion of or termination of this agreement BOBS shall surrender said concession premises in as good an order and condition as that in which BOBS received same, excepting ordinary were and tear. Damage to or mistreatment of the buildings or City equipment will be the responsibility of BOBS to repair, replace, or reimburse for repair and replacement. 3. Insurance\Hold Harmless: City shall, as owner of the property, be responsible to the extent provided by law for any damages arising from the condition of the property itself, or from the direct and active negligence of City's employees and officers. BOBS shall save, defend, indemnify and hold harmless City, its officers, agents or employees from all damages, costs or expenses which may arise because of damages or injury caused by BOBS, its officers, agents, members or employees during the course of its activities on said premises. Such indemnity shall include attorney's fees. BOBS is required to carry a policy of comprehensive general liability insurance in compliance with all provisions of the "Risk Transfer Requirements for Lease or Use of City of Lodi Facilities", attached hereto as Exhibit A and incorporated herein by reference. 4. Termination of Agreement: This agreement may be terminated at any time with or without cause by either party upon thirty days written notice. Upon termination of this agreement BOBS agrees to quit and surrender the premises in a peaceable manner and City shall have the right to remove BOBS and all others occupying through or under this agreement. 5. Entire Agreement: This document contains the entire agreement between the parties. Any inconsistent prior or contemporaneous oral terms are void and shall not be used to modify or supplement this written agreement. 2 6. Attorney's Fee and Costs: In the event either party brings an action under this agreement at Law or in Equity, for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorney's fees and costs whether or not such action is prosecuted to judgment. IN WITNESS WHEREOF, the parties hereto, being in agreement with the terms of this writing, have set their hands as follows: CITY OF LODI, a municipal corporation BLAIR KING City Manager ATTEST: RANDI JOHL City Clerk APPROVE AS TO FORM: D. STEPHEN SCHWABAUER City Attorney 5 BOOSTERS OF BOYS AND GIRLS SPORTS (BOBS): KIM RUOFF President Date RESOLUTION NO. 2007-245 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE AGREEMENT BETWEEN THE CITY OF LODI AND BOOSTERS OF BOYS AND GIRLS SPORTS (BOBS) ORGANIZATION FOR CONCESSION OPERATIONS AT THE GRAPE BOWL STADIUM, KOFU, SALAS, AND ZUPO PARKS AND OTHER LOCATIONS FOR BOBS -SPONSORED EVENTS NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the agreement between the City of Lodi and Boosters of Boys and Girls Sports (BOBS) Organization for concession operations at the Grape Bowl Stadium, Kofu, Salas, and Zupo Parks and other locations for BOBS -sponsored events: and BE IT FURTHER RESOLVED that the term of this agreement will cover the period of January 1, 2008 through December 21,2008; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of Lodi. Dated: December 19,2007 hereby certify that Resolution No. 2007-245 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 19, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— Hitchcock ABSTAIN: COUNCIL MEMBERS— None City Clerk 2007-245