HomeMy WebLinkAboutAgenda Report - July 17, 1991 (113)OF
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CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Approve a Concession Contract Between the Boosters of Boys/Girls
Sports organization and the City of Lodi for the Period of
April 15, 1991, to December 31, 1991, to Cover the Softball
Complex and Armory Park Facilities. The BOBS would pay the City
250 of Net Receipts Per Month.
MEETING DATE: July 17, 1991
PREPARED BY: Parks and Recreation 'Director
RECOMMENDED ACTION: That the City Council accept the contract between the
Boosters of DOYs/Girls Sports Organization and the City of
Lodi to operate the concession stands at the softball
complex and Armory diamond for the remainder of the
calendar year 1991.
BACKGROUND INFORMATION: The contract between Jacobs Concessions and the City was
terminated by Jacobs just prior to this summer's
softball season. We were not, and have not been,
approached by any other concessionaire so I contacted
the BOBS and asked if they would be interested in expanding their current
operations (Zupo Field, Xofu park, and Salas Park) to include the Complex and
Armory.
We have experienced a wide swing In the percentage amounts from the various
Concessionaires operating the complex, Armory and Lodi Lake, so we felt that
having the Boosters ta;{e over thie portion of concessions would give us an
opportunity to accurately measure what can be expected from a well run {
operation. The Boosters request the contract end the end of 1991 so they can
evaluate whether or not they can tfandle the additional sites.
The BOBS will be paying the City 25% of the net.
FUNDTNG: None,
Ron Williamson, Director
Parks and Recreation Department
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APPROVED: �a►,
THOMAS A. PETERSON,
city Manager recycled paper
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AGREEMENT
DEPARTMENT OF PARKS AND RECREATION
Concession Operations a t
Armory Park and Softball Complex
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THIS AGREEMENT, made and entered into this day of 1991,
by and between the CITY OF ISI ("City") , and The Boosters of Boys and
Girls Sports ("Concessionaire").
WITNESSETH:
= Concessionaire agrees to operate concession stands at the
below -described Parks under the fol l owing terms and conditions:
Areas to be Serviced:
Locations: Armory Park, 333 North Washington Street, Lodi
Softball Complex, 401 North Stockton Street, Lodi
City does hereby grant to Concess onaire the sole and exclusive
right/license to vend food, drinks, picnic supplies, souvenirs, etc. at the
concession stands of the above-described Parks, beginning April 15, 1991
and ending December 31, 1991.
z 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.
2 Water, 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 shall be that of the Concessionaire.
Concession Operation Conditions:
1. The length of the contract shall be from April 15, 1991 and ending
midnight December 31, 1991.
2. Concessionaire agrees to maintain in full force during the term hereof,
a policy of general liability insurance which contains an Additional
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Named Insured Endorsement naming the City of Lodi 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 upon, any and all property damage,
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i or damages for personal injuries, including death, sustained in
accidents occurring 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; 5100,000
Property Damage, or
$1,000,000 combined
single limit. In addition
to the Additional Named
Insured Endorsement on Concessionaire's policy of insurance, said
insurance policy shall be endorsed to include the following 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. "
A duplicate or certificate of said bodily injury and property damage
insurance containing the above -stated required endorsements shall be
delivered to the Risk Manager after the issuance of said policy, with
satisfactory evidence that each carrier is required to give the City
of Lodi at least 30 days prior notice of the cancellation or, reducti on
in coverage of any policy during th:! effective period of this
Agreement. The insurance certificate must state on its face or as an
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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.
All requirements herein provided shall appear either in 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 be construed as applying to any subtenant of
Concessionaire, in the event any such subtenant is allowed under the
provisions of &arajra1hi"1133 oo this a reemen :
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 in full force
and effect during the entire term of the agreement, the insurance as
3. Concessionaire shall, prior to opening for business, furnish a
products and price schedule and shall follow the product and price
schedule as negotiated between the City Manager or his representative
and Concessionaire,
4. Concessionaire will provide all equipment and products to operate said
concessions.
5. Concessionaire will pay twenty five percentage (25%) of net receipts
after taxes to the City of Lodi which payments shall be due on
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September 1, 1991 for the Spring/Summer League, and shall be due on
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December I, 1991 for the Fall League. If said percentage has not been
paid by the due dates, there shall be a penalty of five (5) percent
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 books at any
time City desires. The Concessionaire will complete monthly records
on forms provided by the City, and these reports shall be provided to
the City by the tenth (10th) day of each month while in operation.
6. The dates and times of operation shall be as follows:
°
Armory Park and Softball Complex.
Concessionaire shall operate from February 15 to November 15 at times
commencing one-half hour before City and/or Lodi Unified School
District events, and fifteen minutes into the last scheduled game or
event .
Saturday tournan,:ants or other non -City or Lodi Unified School District
sponsored games or events, Concessionaire will open within the first
hour of the first scheduled game and remain open for ten hours or
fifteen minutes into the last scheduled game or event, whichever
occurs first.
Sunday tournaments or other non -City or Lodi Unified School District
sponsored games or events, Concessionaire will open within the first
hour of the first scheduled game and remain open until 3:00 p.m. o r
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fifteen minutes into the last scheduled game or event, whichever
occurs first.
7. Concessionaire agrees to obtain at his/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 for whatever purposes in the operation of said
concessions.
8. Concessionaire shall keep the concession stands 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 applicable to the business to be conducted. Concessionaire
shall be responsible to give to the City, written notice of any
maintenance problems.
9. The rights granted hereunder for concession sales at the identified
parks, shall be exclusive to Concessionaire, save and except any
special events or national or regional tournaments 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 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 this tax is the responsibility of the vendor.
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11. The Parks and Recreation Director reserves the right to approve or
disapprove any employee or operator of said concession stands on a
basis of such considerations as dress, general cleanliness, working
relationship with public, and staff needed to successfully vend food
for day to day operations, tournaments or special events/activities.
(The City will counsel and coordinate this action with Concessionaire
manager.)
12. City reserves the right to enter upon the premises at any reasonable
time, to inspect the operation and equipment thereon, or fcr any other
purpose.
13. Concessionaire shall not have the right to sell, mortgage, assign or
sublet the contract/agreement or any part thereof without the prior
written consent of the City Manager, and a breach of this condition
shall automatically terminate any contract or agreement between City
and Concessionaire.
14. The Concessionaire shall be responsible for the security of the
concession stands and any storage buildings assigned to his/her
exclusive use as far as locks on doors and 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 equipment
and/or inventory.
B. At the conclusion of or termination of any stated agreement/contract,
Concessionaire will be expected to surrender said concession premises
in as good an order as that in which they would receive same,
excepting ordinary wear and tear. Damage to or mistreatment of the
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buildings or City equipment will be the responsibility of the
Concessionaire to repair, replace, or reimburse for repair or
replacement.
16. The agreement/contract may be terminated by written agreement of
either party hereto without cause upon sixty (60) days' written notice
to the other party. Such notice shall be delivered to the City
Manager's Office, City Hall, 221 West Pine Street, Lodi, or to the
Concessionaire at a premises which is subject to this agreement.
17. If Concessionaire defaults in any of the terms contained herein, the
Concessionaire's agreement to provide service as specified 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 hereof, Concessionaire agrees to quit and
surrender possession peaceably and City shall have the right to remove
Concessionaire and all others occupying through or under this
agreement.
18. 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 judgment.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
the day and year first hereinabove written.
CONCESSION OPERATIONS
ARMORY PARK AND SOFTBALL COMPLEX
I
CITY OF LODI, a municipal CONCESSIONAIRE
corporation BOOSTERS OF BOYS AND GIRLS SPORTS
By
THOMAST. PETERSON
City Manager
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ATTEST:
i
ALICEM. REIMCHE
City Clerk
Approved As To Form:
BOB MCN
City Attorney
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AGRCONCE. SS2/TXTA.OIV