HomeMy WebLinkAboutAgenda Report - January 15, 1992 (58)CITY OF LODI
AGENDA TITLE: Authorization to Solicit Proposals for
Concession Operations at Armory Park and
the Softball Complex
MEETING DATE: January 15, 1992
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council authorize the solicitation
of proposals for the operation of concession
stands at Armory Park and the Softball Complex
for the period February 19. 19922 through
December 31. 1995.
BACKGROUND INFORMATION: Each year the Recreation Department solicits
proposals for concession operations at Armory
Park, the Softball Complex, and Lodi Lake Park.
(The Lodi Lake concession proposal will be
submitted for approval at a later date).
The operation at Armory Park and the Softball Complex consists of the
sale of food and beverages during Lodi Unified School District high
school softball and City League softball games, as well as regional and
national softball tournaments and other special events.
Selection of concessionaire will be based on highest percentage of return
from gross sales receipts, as well as experience and reputation of the
concessionaire.
The deadline for submitting proposals will be January 27, 1992.
FUNDING: No r aired. The o ration will generate
r�venu for th y o odi
Ronald Wi]li m_ n. Parks Recreation Director
APPROVED
THOMAS A PETERSON
CKy Manager
ob
j
neYewa D�P�r
cx
1992,
46kED,ENT
[TTY OF LOO:
DEPARTMENT OF PARKS AND RECREATION
Concession Operations a
Armory Park and Softball Comniex
THIS AGREEMENT, made and entered into this day of _
by and between the CITY OF LODI ("City"!,
W IT NES SETH:
and
I "Concession aire").
Concessionaire agrees to ooerate concession stands at the below -
described Parks in strict compliance with San Joaquin County Health
Department standards and requirements for concession operations, and
under the following terms and conditions:
Areas to be Serviced:
Locations: Armory Park, 333 North Washington Street,
Lodi, ana
Lodi Softball Comolex, 401 North Stockton
Street, Lodi _
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.--ty noes hereby grant to Concessiona3r,� tre sole anc ex, `,.,sive
rightilicense to vend food, drinks, Dicn-c srp u',,ies, souvenirs, and
other concession items as approved by the City of .cdi. 1-t the
concession stands of the above-described narks, pegznning February 19, 1991.
and ending December 31, 1995.
The City will provide:
1. Enclosed concession stands with some limited city -owned equipment,
which Concessionaire will be expected to service and maintain at
Concessionaire's sole cost and expense. (Improvements to building
and/or facilities, proposed by Concessionaire, are subject to City
approval. Cost of installation shall be borne by Concessionaire, and
all improvements shall become oroperty of the City upon termination
of this agreement).
2. Uater, sanitary sewer, gas, electricity, and garbage receptacles
outside the concession buildings shall be provided by the City;
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 of maintenance shall be borne by the
Concessionaire.
CONCESSION OPERATION AND CONDITIONS:
1. The length of the contract sha+l be from February 19, 1992, and
ending at midnight on December 31, 1995.
2. Concessionaire agrees to maintair• -i fui', force ci,:nnq tho :,arm
hereof, a policy of general lability insurance which contains an
Additonal Named Insured Endorsement ram MQ the City of Loaf as an
Additional Insured, and under which the insurer agrees to
indemnify and hold the City of Lodi harmless from and against all
costs, expenses, and liability arising out of, or based uoor, any
and all property damage, or damages for personal injuries,
including death, sustained in accidents occuring in or about the
demised premises; where such accident, damage, or injury,
including death, results or is claimed to have resulted, from any
act or omission on the part of Concessionaire or Concessionaire's
agents or employees in the implementation of this Agreement. The
minimum limits of such insurance shall be $500,000/$1,000,000
Bodily Injury; $100,000 Property Damage, or $1,000,000 combined
single limit. In addition to the Additionally Named Insured
Endorsement on Concessionaire's oclicy of insurance, said
insurance policy shall be endorsed to include the followinu
language:
"Such insurance as is afforded by the endorsement for the
Additional Insureds shall apply as primary insurance. Any
other insurance maintained by the City of Lodi or its
officers and employees shall be excess only and not
contributing with the coinsurance afforded by this
endorsement."
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A E2uolicaTe ur certificate 9f Sa-d hob - y tnit:''V inn Dri-,Vogt^!y
damage insurance containing the above-stete? re mi red erUorsements
shah be delivered to the Risk Manauer after the issuance of
policy, w-,tn satisfactory evidence that each carroe- is recuireci
to give the City of Lodi at least 30 days i)rior notice of the
cancellation or reduction in coverage of any oolicy during the
effective period of this Agreement. The insurance certificate
must state on its face or as an endorsement, the name of the
Concessions that it is insuring. If there has been no such
delivery within forty-eight (48) hours prior to the commencement of
this Agreement. this Agreement shall be null and void. A I I
requirements herein orovided shall appear either i n the body of
the insurance policy or as endorsements and shall specifically
bind the insurance carrier. This paragraph and all other
provisions of this Agreement shall apply and De construed as
applying to any subtenant of Concessionaire, in the event any such
subtenant is allowed under the provisions of paragraph 13 of this
agreement.
Notwithstanding other provisions contained in this Agreement, the
City Manager is granted the right to immediately terminate the
Agreement upon failure on the part of the Concessionaire to keep
i n full force and effect during the entire term of the agreement,
the insurance as set fortn in tnis section.
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3. Lon cess$cnaire Sha prin, to rmenina for ness e,: -)f
said Agreement, furnish a "Products and Price Scheduie" and steal
follow the products and price scr,edule as negotiatec bet.weer; the
City Manager or his representative and Concessionaire.
4. Concessionaire shall provide a I I equipment and procucts to
operate said concessions. (The City and Concessionaire shall,
furnish each other with a list of their provided eouipment, which
lists shall be updated annually).
5. Concessionaire shall pay _A of gross receipts after taxes to
the City of Lodi, which payments shall be due on the tenth (10th)
calendar day of every month for sales of the previous month.
If said percentage has not been paid by the due dates, there
shall be a penalty of five percent (5%) per day for any amounts
not paid, and owing to the City. The Concessionaire 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 hooks at any time City desires.
The Concessionaire shall complete monthly records on forms
provided by the City, and these reoorts shall be provided to the
City by the tenth (10th) calendar day of each month while
concessions are i n operation.
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5. . 1')e co-,ps ano timoz of 6ve'_utnn sl:!]' ip as
• Armory Pat -k. Softball Comr..l-x.
Concessionaire shall o)erate from February 15 to November �5
at times commencing one-half hour before City and/or Loch
Unified School District events, and to the conclusion of the
last scheduled game or event.
Saturday/Sunday tournaments or other non -City or Lodi
Unified School District games or events, Concessionaire shall
open one-half hour prior to the first scheduled game. and
remain open until the conclusion of the last scheduled game
or event.
7. Concessionaire agrees to obtain at his/her own expense, any and
a I I 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 him for whatever purposes in the operation
of said concessions.
8. Maintenance:
• Concessionaire shall keep the concession stands and the
im►eediate surrounding areas i n clean and presentable
condition at all times and follow the strictest of sanitary
conditions, and any State and local ordinances applicable to
the business to be conducted.
• Concessionaire shall be responsible for daily removal from
the premises of packaging materials (cartons, hoxes, cases)
in which food and beverage items are packed.
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�. Maintenance (Cont ' a )
• Concessionaire sha s : tip r•esaensi ble to q : ve # i e r err i tten
notice of arty maintenance orobt eras .
Q. she rights granted hereunder for concession sales at the
identified parks, shall be exclusive to Concessionaire, save and
except any special events or national or regiona! tournament
conducted outside the normal course of operation of the above-
described facilities, and of which the City Manager shall give
concessionaire thirty (30) days advance notice.
10. Concessionaire i s 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 resoonsibility of
the vendor.
11. The Parks and Recreation Director reserves the right to approve or
disapprove any employee or operator of said concession stand on a
basis of such considerations as dress, general cieanliness, and
working relationship with the public and staff, as needed to
successfully vend food for day-to-day operations, tournaments or
special events or activities. (The City w i I I counsel and coordinate
this action with Concessionaire manager). All concession employees
will be dressed in like uniforms, white or other light color as
approved by the Parks and Recreation Director, and be identified,
by name, as emoloyees of Concessionaire. All concession emoloyees
shall wear appropriate head attire to meet San Joaquin County Health
Department reouiroments, and shall be clean at all times.
i 2 . The -itv reserve_ the r,,a�. to enter t;por, trr= I, real}..e_: at a^,v
reasonable time to znsaect tie ererat ion and ettuii)ment tnereun, fir
for any other purpose.
13. Concessionaire shall not have the right to se ►1 , mortgage, assign
or sublet the contract/agreement or any Dart thereof without ttte
prior written consent of the City Manager or h -s reoresentatiue.
A breach of this condition shall automatically terminate any
contract or agreement between City and Concessionaire.
(In the event that Concessionaire is unable to provide rectuireci
concession oroducts and/or services for major regional or national
tournaments or other special events, the City shall have the right
to secure said services and/or food and beverage products, and to
negotiate any and All agreements or contracts to provide said
services and/or food and beverage products for sale to the public,
and all proceeds therefrom shall be forfeited to the City. Said
original Concessionaire shall have first right of refusal to
participate in said negotiations.)
;Q 0 1`PCPT'1fa� rhe .'_in' ,..Tnu, na*1 � PrI*'. :-4; r)`qc,
special events, tQ Dyrm?r the dDDT`oved ouerati.,-n Df ar,rit-ona'
concessions not —, conflic` with Coy cessiona re's normal i)rodu%-
line of food and Oeverages. Rights to the sale or On stringytion �,f
programs, photo Packages, clothing souvenirs and advert sement� of
any kind or form for said tournaments or sneria; events seal, rerr.air
solely and exclusively the property of the City at all times vriur
to, during, and after said events.
15. Alcoholic Beverages:
The sale of alcoholic 5ev?:•ages snail ce limited to beer,
selection of which shall include at least one Premium brand, and
shall be subject to approval by the City;
• The sale of alcoholic beverages shall be subject to al? local,
state, and federal laws, and Concessionaire shall bear full
responsibility for knowl.dae of, and compliance with, such laws.
• Concessionaire agrees that no alcoholic beverages will be sold
at any time during regional or national youth softball
tournaments.
16. Staffing:
• Armory Park: Concessionaire shall provide a minimum staff of
at ieast one Derson at all times during ail scheduled events;
• Softball Gomolex: Concessionaire shall provide a minimum staff
of two (Z) persons at all times curing all hion school games and
all weekday O tv League dimes, and three (3) „persons during
waPk�!nti game; ariO a i . tournament, ani sp#:-.ia'+ events.
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16. Staff .r.+a '(unt`d)
• ;.�naes �n minimim stafF;nq love', may ire !,;-negotiater,
i-ity and Concessionaire agree that such chanties will nave no
adverse effect .on quality or level of service, or on quality
of food served.
17. The Concessionaire shall be responsible for the security of t"e
concession stands and any storage buildings assigned to his/her
exclusive use, including but not limited to the installation of
locks on doors or windows, or installation of an alarm system if
it is deemed necessary, and Concessionaire shall be responsible
for any acts of vandalism to Concessionaire's eauipment and/or
inventory.
18. At the conclusion or termination of any stated agreement or
contract, Concessionaire shall surrender said concession premises
in a condition as good as that in which they received same, less
normal wear and tear. Damage to or mistreatment of the buildings
or City equipment shall be the responsibility of the
Concessionaire to repair, replace, or reimburse the City for
repairs or reel acenents.
19. The agreement/contract may be terminated by written agreement of
either party hereto without cause upon sixty (60) days' written
notice to the other Darty. Such notice shall be delivered to the
City Manager's office, City Hall. 227. West Pine Street, Lodi, or
to the Concessionaire at a premises which is subject to this
agreement.
20. Concessionaire sh'a'' be rec;uire� to ;[}a to the C t.* u;%,)n the
signing of this agreement a Performance Rona in the amount of
$2,500.
21. If Concessionaire defaults in any of the terms contained herein,
the Concessionaire's agreement t,-� Drovide service as spetitied
herein shall terminate upon failure of Concessionaire to correct
the default within thirty (30)days of receiving written notice
thereof from the City. Upon any termination thereof,
Concessionaire agrees to suit and surrender possession peaceably
and City shall have the right to remove Concessionaire and all
others occupying through or under this agreement. Under such
termination of agreement the Concessionaire's performance bond
Shall be forfeited to the City for paymert of all outstanding
debts owed by Concesssionaire to the Citj, includirg monthly
payment(s) and any and all reimbursements for repairs or
replacement of the facilities.
22. In the event that either party brings an action under this
Agreement for the breach or enforcement thereof, the prevailing
party in such action shall be entitled to its reasonable
attorneys' fees and costs, whether or not such action is
prosecuted to judgement.
IN WITNESS WHEREOF, the partes neretc ^ave rtereunder se* their
hands the day and yeas• first hereinabove written.
CONCESSION OPERATIONS
ARMORY PARK AND SOFTBALL COMPLEX
CITY OF L001, a municipal CONCESSIONAIRE,
corporation
By
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE M. REIMCHE
City Clerk
Approved as to Form:
BOB McKATT
City Attorney
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'Y G� _i
Information dnd instructions:
?he contract for the prefer rc•nauc v ar►r, ooera� ion of the food an,r
beverage concessions wil'. be awarded to the vendor who ,n the opinion
of the City of Lodi is best uuaiifiec to Derforrr the dutiP_ and
obligations and render the services set forth in the attached agreement.
The successful vendor shall be chosen on the basis of, but not limited
to, the following information which each vendor must suooly in his or
her proposal
1. The percentage of gross sales, after sales taxes, to be paid
to the City of Lodi (minimum acceptable percentaf4e is 201.0;
2. Exoerience, background and ability to perform and orovide a
successful concession operation;
3. Financial condition and bondability;
4. Quality and variety of products and services offered;
5. References.
In order to be considered, proposals must be submitted on a pr000sal
form provided by the City of Lodi under sealed cover and identified as
"Proposal - Concession Operations", and received by the City of Lodi,
City Hall, 221 Vest Pine Street, Lodi, CA 95240 (P.O. Box 3006, Lodi,
CA 95241-1910) no later than
11:00 am Monday, January 27, 1992
At that time, i n the Public Works Conference Room, First F,00r, City
Hall, 221 Vest Pine Street, Lodi. proposals will be publicly opened.
The City of Lodi reserves the rignt to rPiFct any or all proposals, to
waive any informality in any i)roaosal. t. accept other than the
highest proposal, or not to award on the basis of proposals received.
Information and instructions (c«nt'(j)
The successful vendor w i I I have the sole anct exclusive richt and
license, except for certain soecial events as described ;n the attached
Agreement, to vend food, beverages, picnic supplies, and souvenirs at
or in concession stands at Armory Park and the Softball Comoiex,
for a period of three years, ten months, eleven days, beginning
February 19, 1992, and ending December 31, 1995. At the City's discre-
tion, according to the decision of the City Manager and staff, a two
year extension of this agreement nay be considered, based upon perform-
ance by Concessionaire during the initial period of this aoreement.
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P w d P e SAL r m
To: The C ty Cour.c,+
City of Lod,
Lodi, California
From:
(Name of Vendor)
The undersigned declares to have carefully examined the Notice Inviting
Proposals, the Agreement attached hereto, and these instructions for
submitting this proposal for the conduct and operation of concessions
at Armory Park and the Softball Complex, and agrees to be fully
informed regarding all of the conditions affecting the performance
under the terms of these instructions and documents, and that the
information was secured by personal investigation and research and not
from any estimate of any City employee or agent, and that no claim
w i I I be made against the City by any reason of estimates or
representations of any officer or agent of the City; and proposes and
agrees if the proposal be accepted, to perform the duties o` the
operation of said concessions in strict compliance with San Joaquin
County Health Department standards and requirements for concession
operations, and according to the Agreement attached hereto.
Proposal Form (cont'd)
Pie undersipned hereby vot)oses LG Day the City of Codi the a+-ilur,; of
of the gross sales from concession oaerations after sales taxes for the
privilege of furnishing concession services at Armory Park and the
Softball Complex from February 19, 1992 through December 31, 1995, ,n
accordance with the attached specifications and Agreement..
The vendor hereby submitting this prODosal shall also attach to this
proposal a written or typewritten statement which shall include
information as to:
• Experience, background, and reliability in performing
and providing a successful concession operation;
• Financial condition and bondability;
• List of foods, beverages, and other items and services
proposed to offer in concession operations at Armory
Park and the Softball Complex;
• A list of at least three references indicating
successful operation of a concession during the past
five years.
e_;
in submi `_L i ng tr! is Droposa 1 a:: her-?:? uesc r., r)ea, vendor a r•ees t!
have carefully examined the spec ;fications ano Provisions }f "h -,s
proposal form and understands the meaning, intent, and rec;u're-lents of
same;
That, if awarded the contract, vendor will enter into a written
contract and furnish the services in the time specified in strict
conformity with the soecifications and conditions contained therein
for the price quoted by the vendor on this proposal;
And that this proposal is genuine, and submitted in good faith, without
collusion or fraud, and that the only persons or firms interested in
this proposal as principal or nrincipats are named herein, and that
this proposal i s made without connection with any other person,
partnership, or corporation making a proposal.
This proposal may be withdrawn by the written request of an authorized
representative of the undersigned at any time prior to the
deadline for submitting proposals.
Business Name:
Address :
telephone:
Type of Business: (Individual, Partnership, Corn.)
Name of Authorized Recresentative:
Signature:
Title: Date:
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