HomeMy WebLinkAboutAgenda Report - February 19, 1992 (79)CITY OF LODI
' COUNCIL COMMUNICATION
AGENDA TITLE: Authorization to Solicit Proposals f o r
Concession Operations at Lodi Lake Park
MEETING DATE: February 19. 1992
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council authorize the solicitation
of proposals for the operation of a
food cart concession at Lodi Lake Park for the
period May 1, 1992 through September 30, 1995.
BACKGROUND INFORMATION: The Recreation Department periodically solicits
proposals for the operation of a food and
beverage concession at Lodi Lake Park. Since
the conversion of the snack bar to the Discovery
Center, the concession operation has consisted of a food cart which offers
a basic assortment of foods and beverages.
The food cart concession, which is scheduled to operate on weekends
between May 1 and Memorial Day. daily between Memorial Day and Labor Day,
and weekends thereafter through September, will not conflict with
commitments to Kiwanis and Lodi Tokay Rotary Clubs for operation of their
own concessions during special events in July.
Selection of concessionaire w i I I 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 w i I I be March 10, 1992.
FUNDING: Non qulred. The operation w i I I generate
re nu for the- y
Ronald Williamson. Parks & Recreation Director
APPROVED:
THOMAS A. PETERSON
CIly PAWNWW
��ii
acye�.o q.v.�
CITY 0: LOD!
DEPARTMENT OF PARKS AND RECREATION
REOUEST FOR PROPOSALS FOR CiTY OF LODI
CONCESSION OPERATIONS
AT LOD! LAKE PARK
Areas to be Serviced:
Lodi Lake Park, 1301 West Turner Road, Lodi, CA
Agreement Duration:
May 1, 1992 through September 30, 1995
General Provisions:
That the City of Lodi Parks and Recreation Department deems it
desirable for the proper conduct and operation of food and beverage
concessions at Lodi Lake Park, that concession privileges be granted to
a orivate individual, partnership, or corporation;
And that the award of the contract for the proper conduct and ooeration
of said food
and beverage concession be
made to the
highest and most
responsible vendor
fully and properly responding to
this rewiest for
proposals;
And that the
successful vendor shall be
bound by and
required to
perform those
duties, and will receive
the benefits,
as described by
and set forth
in the Agreement attached
hereto.
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Information and lnstruct)aris
The contract for the proner conaluct and os-)eratior of the fooc'. and
beverage concession will be awarded 4o the vendor who — tnp ;,u•nion
of the City of Lodi is best avalifie;.' to perform the duties and
obligations and render the services sec forth in the attacned acMeement.
The successful vendor shall be chosen on the basis of, but not limited
to, the following information which each vendor must suoaly n his or
her p►'op05a l :
1. The percentage of gross sales, after sales taxes, to be Maid
to the City of Lodi (minimum acceotabie percentage is 10%);
2. Experience, background and ability to perform end 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 oroposal
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 West Pine Street, Lodi, CA 95240 (P.O. Box 3006, Lodi,
CA 95241-1910) no later than
11:00 a.m. Tuesday, March 10, 1992
At that time, in the Public Works Conference Room, First Floor, City
Hell, 221 West Pine Street, Lodi, proposals will be publicly opened.
the City of Lodi reserves the right to reject any or all proposals, to
waive any informality in any proposal, to accent other than the
highest proposal, or not to award on the basis of or000sals received.
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information ano instructions (cont'd;
The successful vendor wi 11 nave toe sole and exclusive richt arid
)icense, except for certain soecial events as described i n the attached
Agreement, to vend food, beverages, ,)i cn i c supplies, and souvenirs at
food cart concessions at iodi Lake Park, 1 301 W. Turner Read, Lodi ,
for periods between May 1 and September 30, during the years 1992
through 1995. At the City's discretion, according to the decision of
the City Manager and staff, a two year extension of this agreement may
be considered, based uRori performance by Csncessionaire during the
initial period of this agreement.
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P P, 0 P?, % L 0 R M
To: The City Council
City of Lod;
Lodi, California
From:
(Name of Vendor)
The undersigned declares to have carefully examined the Notice Invit')ng
Proposals, the Agreement attached hereto, ano these instructions fol'
submitting this proposal for the conduct and operation of food cart
concessions at Lodi Lake Park, and agrees to be fully informed
regarding all of the conditions affectirg 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 emoloyee or agent, and that no claim
will be made against the 04-y 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 of the
operation of said concessions in strict compliance with San Joaauin
County Health Department standards and requirements for concession
operations, and according to the Agreement attached hereto.
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Proposal Form (Gont`d)
The undersigned hereby proposes to pay the City of Lodi the amount o'
n
of the gross sales from concession ooerations after sales taxes for the
privilege of furnishing concession services at Lodi Lake Park from
May.l, 1992 through September 30, 1995, it accordance with the attached
specifications and Agreement
The vendor hereby submitting this proposal shall also attach to this
proposal a written or typewritten statement which shall include
information as to:
Experience, background, and reliability in psrforming
and Droviding a successful concession operation;
• Financial condition and bondahility;
• List of foods, beverages, and other~ items and services
proposed to offer in concession operations at Lodi Cake
Park;
• A I i s t of at least three references indicating
successful operstion of a concession daring the Oast
five years.
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In submitting th,5 )ro-,osal as nerein desrribccl, verior agrees t� have
carefully examiner the soecifications and arovisions of this or000sa'
form
and
understands
the meaning, intent.
anu r-eauirements of same;
That,
if
awarded the
contract, vendor will
enter into a written
contract and furnish the services in the time saeci•fted ,r strict
conformity with the specifications and conditions contained therein
for the price quoted by the vendor on this -)rouosal -,
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 principals are named herein, and that
this proposal i s made without cornection with any other person,
partnership, or corporation making a proposal.
This proposal may be withdrawn by the vritten request of 3n authorized
representative of the undersigned a any time Prior to the
deadline for submitting pr000sals.
Business Name:
kddress:
Telephone:
Type of Business: (Individual, Partnership, Corp.)
Name of Authorized Representative:
Signature:
Title: —mate:
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AGREEMENT
CITY OF LODI
DEPARTMENT OF PARKS AND RECREATION
Concession Operations at
Lodi Lake Park
THIS AGREEMENT, made and entered into this day of
1992, by and between the CITY OF LODI (" City" ), and
("Concessionaire").
W I T N E S S E T H:
Concessionaire agrees to operate food cart concessions at Lodi Lake
Park in strict compliance with San Joaquin County Health Department
standards and requirements for concession ooerations, and under the
following terms and conditions:
Areas to be Serviced:
Lodi Lake Park, 1301 West Turner Road, Lodi, CA
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f ,*v foes hereby grant to Ccnr_Pss,ona-,'e the sole arra axrlUslve
r}ght%iiCenSe ve fe. I. drinks, •,- -, I'�)o tQS, Sr.,iver I"S. aPc.
other concession items as acus �d by the City of Lod 1, from food carts at
Lodi Lake Park at the above-described aooress, )r --in9 'lav 1, 1592 snd
ending September 30, 1995.
The City of Lodi reserves the right to waive exclusive license during
the following annual events, an.: pernrit the ooeration of additional
concession activities by the following organizations:
July Boat Races Lodi Kiwanis, Lodi Toka.y Rotary
Fourth of July Lodi Kiwanis, Lodi To Kay Rotary
Chamber Functions Lod; Chamber of Commerce
The City w i I I provide:
1. Garbage receptacles. However, Concessionaire will be responsible for
removing, at Concessionaire's own cost and expense, all largo boxes,
storage containers, and/or oackaying materials which may accumulate
from equipment or food storage packaainq;
2. Marntenance of the general property, unless abuse and lack of general
care i s apparent, at which time the cost and expenditures for repairs
and maintenance shall be borne by the Concessionaire.
CONCESSION OPERATION CONDITIONS:
1. The length of the contract shall be from May 1, 1992, and ending at
midnight on September 30, 1995.
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2 . Concess ; orzai re agrees to mai rta !n full i ► cni•j:e uu> i,Ce�'az
hereof, a poi icy of qenetal 1 i abi 1 , ty i nsurar,ce wn+ :h contains an
Additon-31 Named insurea indorsement naming the City of Loai as ar.
Additional Insured, and under which the insu1,q?r ageoe5 to
indemnify and kola the City of Lodi harmless f►•om Arta aoainst alt
costs, expenses. and liability arising out of, or E►nsed upon, any
and all property damage, or damages for personal pr uodily injuries,
including death, sustained in accidents occuring it, or about the
demised premises; where such accident, damage, or injury,
including death, results or i s claimed to have resulted, from any
act or omission on the part of Concessionaft,e or C.Oncessionaire's
agents or employees i n the implementation of this Agreement. The
minimum limits of such insurance shall be $1,000,000 general
aggregate. in addition to the Additionally Named insured
Endorsement on Concessionaire's policy of 10s►uranct, said
insurance policy shall be endorsed to include the following
lenguage:
"Such insurance as is afforded by the endorsement for the
Additional Insureds shall apply as prima►�y irisorance• Anr
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 duoiicate or certificate of said aodl1v :7 ury and prooerty
damage insurance containing the ,hova-status required endorsement
shall be delivered to the Risk. '4a-^a9er after 'he issuance of saic
oolicy, with sa[isfactorN evidence teat each: carrier 'ectutre.`
to give the City of Lodi at least 30 days prior notice of the
cancellation or reduction in coveraae of any oolicy during the
effective period of this Aareement. The insurance certificate
must state on its face or as an endorsement, the name of the
Concession that it i s insuring. If there has been no such
delivery within forty-eight (43) hours prior to the commencement of
this Agreement, this Agreement shall be null and void. A i I
requirements herein provided shall aopear either in the body of
the insurance policy or as endorsements and shall specifically
bind the insurance carrier. This paragraah and all other
provisions of this Agreement shall apply and be construed as
applying to any subtenant of Concessionaire, i n the event any such
subtenant i s allowed under the provisions of paragraph 13 of this
agreement.
Notwithstanding other provisions contained i n this Agreement, the
City Manager i s granted the right to immediately terminate the
Agreement upon failure on the part of the Concessionaire to keep
i n f u I I force and effect during the enti re term of the agreement,
the insurance as set forth i n this section.
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3. Concession a - :'P stsa 1'lnr ,(. npN -na fo3 twsInes's e;,ch vear (rf
�. AgrPymr-t furn-< a "Protects ar•c! Price S-heouce" and shad
follow the proaucts and price scheoule as negotiated hetwee-) the
City Manager )r- his regresentat,ve and Goncessihrai-e.
r. Comas ionairP --.,,,all provide all euuipra?nt ana prooucts to
operate said concessions.
5. Concessionaire shall pay of gross receipts afte► taxes co t�t�
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 oercent (5%) per day for any amounts
not paid, and owing to the City. The Concessionaire shail 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 time City desires.
The Concessionaire shall comolete monthly records on forms
provided by the City, and these reuorts shall accompany gross
receipts payment;, provided to the City by the tenth (10th) calendar
day of each month while concessions are in operation.
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6. The ca"s a-!: times of c,,)er-at,on sna as .;w,
A. Concessionaire shall overate trom Flay i tO Seotemt)er 30 each
year. on weekends between Mdv i and Memor ; a ' Day, o,, i y t rom.
Memorial Day through Labor Say, and on weexends between Labor
Day and September 30. Days of operatic- may be neaotl an I t to
realize optimum operating efficiencies and profitabiizty while
meeting the needs of park guests.
B. The hours of operation of the Concession shall be from
11:00 a.m. to 6:00 p.m. eacn day of operation, unless extended,
hours are mutually agreed tr) by City and Concessionaire.
7. Concessionaire agrees to obtain at 'tris/her 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 him or her for whatever purposes in the
operation of said concessions.
8. Maintenance:
• Concessionaire shall keep the food carts and the immediate
surrounding areas in clean and presentable condition at all
times and follow the strictest of sanitary conditions, and any
State and local ordinances aoolicable to the business to be
conducted.
• Concessionaire shall be resoonsible for daily removal from
the premises all packaging materials (cartons, boxes, cases)
i n which food and beverage items are packed.
aintendnce
• Concessionaire sha �)e •eSoon.Slble .o g—.ve the C-;tY wr',tton
notice of any maintenance ;.r ob i ems .
9. The rights granted hereunder f;,r concession saes at the
identified Dark, shall be exr iusive to Concessionaire, save and
except any soecial events (e.g. boat races,=courth of .'viy events),
conducted outside the normal course of overati�n of the above,
described facility, and of which the City Manager shell give
concessionaire five (5) days advance notice.
10. Concessionaire is aware that a Possessory Interest Tax i s or may
be charged each year by the County Pssessor for the use of the
facilities and that oayment of this tax is the responsibility of
the vendor.
11. The Parks and Recreation Director reserves the right to apQrove or
disapprove any employee or operator of said concession stand on a
basis of such considerations as dress, general cleanliness, arid
working relationship with the public and staff, as needed to
successfully vend food fcr 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 emuloyees 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 employees of Concessionaire. All
concession employees shall wear aoorooriate head attire to meet San
Joaquin County Health Department reouirements, and shall be clean at
all times.
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reserve - t 4c cant tc er' nor: '.ne rlse- _ r
reasonable t.me to insoect the ooerattnn anti erjviGmenr _.-e ec>::, a,r
for any Other purpose.
13. Concessionaire shall not have the right to sell, mortgage, assign
or sublet tn,t' COr!tr8Ctja9T----:-ment 0- 8P v Dal -t therPn` without the
prior written consent of the Cit,- Manager or �,is reoresentative.
A breach of this condition shall automaticaliv terminate any
contract or agreement. between City and Concessioroire.
Or, the event that Concessionaire is unable to provide reouireef
concession products and/or services for soeciai 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 ano/or food and beverage oroducts for sale to
the public, and ail proceeds therefrom shall be forfeited to the
City. Said orioinal Concessionaire shall have first right of refusal
to oarticipate in said nrgotiations. )
14. The agreement/contract may be terminated by written agreement of
either party hereto without cause upon thirty (30) days' written
notice to the other party. Such notice shall be delivered to the
City Manager's officer, City Hall, 221 West Pine Street, Lodi, or to
the Concessionaire at a premises which is subject to this agreement
15. Concessionaire shall be required to provide to the City upon the
s i gni nn of this agreement a Performance Bond in the amount of
$1,000.
ME
16. IfConcess onaire defaults in a�v of tht terms contained herein.
the Concessionaire's agreement t,) c-rovide service as saecified
herein shall terminate upon failure of Concessionaire to correct
the default w,%th,n thirty (30) clays of receTv,ng written, notice
thereof from the City. goon any termination tnpreot,
Concessionaire agrees to quit and surrerte.- Possession )eaceably
and City shall have the right U. remove Concessionaire and all
others occupying through 4r under this aoreement. Jnder such
termination of agreement the Concessionaire's performance bond
shall be forfeited to the City for payment of all outstanding
debts owed by Concesssionairc to the City, including monthly
payment(s) and any and all reimbursements for repairs or
replacement of the facilities.
17. 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.
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IN WITNESS WHEREOi, the parties hereto have hereunder set their hands
the day and year first hereinabove written.
CONCESSION OPERATIONS
LODI LAKE PARK
CITY OF LODI, a municiaai CONCESSIONAIRE,
corporation
BY
THOMAS A. PE'i ERSON
City Manager
ATTEST:
HE
City Clerk
Approved as to 'Form