HomeMy WebLinkAboutAgenda Report - April 5, 1989 (69)COL .. C I L
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE
APRIL 5, 1989
SUBJECT: K'AM BID FCR CONCESSION OPERATICNS AT LODI LAKE PARK, ARnDRY PARK, AND THE
SOFTBALL COMPLEX
PREPARED BY:
Parks and Recreation Director
RECOMMENDED ACTION: That the City Council accept the bid of
Jacobs Concessions of Stockton for the
Softball Complex, Armory, and Lodi Lake
Parks Concession operations and authorize the City Manager and
City Clerk to execute the appropriate agreement.
BACKGROUND INFORMATION: As per the recent request for bidders
for the concessions at the above City
operations, the City of Lodi received
two qualified bids:
1. Jacob's Concessions of Srockton 29%
2. Johnson Enterprises of Acampo 260
After checking referenes of both parties, I find that Mr. Jacobts
concessions come very highly recommended by individuals in like
Parks and Recreation operational environments.
I would therefore recommend that we gemerate the appropriate contract/ "
agreement and award'.the. concessions op4rations to the firm of, 4acobs
Concessions of Stockton for the term of April 15 1989 to Dec..em1.i.
1991 (3 years) and include an option for an extended two ( years.--- ,-.
should the Concessionaire perform the operation to the satisfaction
of the City Manager and Parks and Recreation Director.
Donald W. Williamson
Director
Parks and Recreation Dept.
RWW : j d
AGRIEEM `^;T
CITY OF LODI
DEPARTMENT OF PARKS AND RECREATION DEPARTMENT
Concession Operations a t
Lodi Lake Park, Armory Park, and Softball Complex
THIS AGREEMENT, made and entered into this day of ,
1989, by and between the CITY OF LODI ("City"),
("Concessionaire")
and
Armory Park, 333 North Washington Street, Logi
Softball Complex, 401 North Stockton Street, Lodi
City does hereby grant to Concessionaire 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, 1989
and ending December 31, 1991.
The City w i I I 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. The
Concessionaire will be responsible for removing at Concessionaire's
own cost, large boxes and/or storage containers which may accumulate
from equipment or food storage packaging.
3. Maintenance of the general property of the concession buildings,
unless abuse and lack of general care i s 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, 1989 and ending
midnight December 31, 1991.
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2. Concessionaire agrees
to imal.ntain in full
fcrce
during tine Lem hereof,
a policy of general
liability insurance
which
contains an Additional
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 a I I costs, expenses, and
liability arising out of, or based upon, any and all property damage,
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; $100,000 Property Damage, or
$1,000,000 combined single I i m it. 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 City Attorney 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
reduction
in coverage of
any policy during
the effective period
of this
Agreement. The
insurance certificate
must state on its face
or as an
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endorsemen'L, the name of the Concessions that it is insuring. if
there has been no such delivery within forty-eight (48) hours prior to
the c )mmencement 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 applyin to any
subtenant o'f Concessionaire, i n the event any such subtenant i s
allowed under the provisions of paragraph 13 of this agreement.
Notwithstanding other provisiors 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
i
set forth in this section.
i
i
3. Concessionaire shall annually furnish a products and price
i
schedule 710 OWN IM $00; 00 A00000 RY too 91M NOW �
Ot PIS andshall 90WABY
_ i'.
follow the product and price schedule as W77 04 negotiated 1.
between the City Manager or his representative and Concessionaire.
Prices for concession items under this agreement shall be reviewed
z
on an annual'
basis MMf AO fOO WO Of prior to February 1 of each
W UO operating year to follow. City shall have final approval
of all goods offered and prices U 00 charged ,tMMfMr.
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4
5
6.
Concessionaire wil11 provide a 1 equipment and products to operate said
concessions .
Concessionaire w i I I pay percentage of gross receipts after taxes
to the City of Lodi on the tenth (10th) day of each month while in
operation. Ifsaid percentage
is not paid by the tenth (10th)
day
of each month, 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, which must accompany mwithly gross receipts payments.
The dates and times of operation shall be as follows:
1. Lodi Lake Park.:`_.
Concessionaire shall remain open between May 1 and September 30 of
M,:
each year or at such times as the City Manager or his representative
directs. Hours of operation w i I I be set by the Parks and Recreation
Director i n coordination and cooperation with the mutual agreement of
the Director and the Concessionaire, which w i I I best suit and service
the public and its concession needs.
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2. Armory Park and Softball Complex.
Concessionaire shall operate from February 15 to November 1 of each
year, at times commencing one-half hour before scheduled games or
events, and fifteen minutes after the completion of such game or event.
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
i
surrounding areas in clean and presentable condition at all times and {
follow the strictest of sanitaryconditions, and an State and local, -
Y
ordinances applicable to the business to be conducted. Concessionaire
shall be responsible to give to the City, written notice of any
maintenance problems. t
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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
5
advance notice.
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3
10. Concessionaire is aware that a Possessory Interesi Tax is charged
each year by the County Assessor for the use of the facilities and
that this tax is the responsibiiity of the vendor.
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.
12. 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.
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 Of 00 Wt Of V40i, 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 i s deemed necessary, and Concessionaire shall be
responsible for any acts of vandalism to Concessionaire's equipment
and/or inventory.,to$f O$y 0¢¢0/�
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15. The Concessionaire shall prow de the City with a performance bond in
the amount of five thousand do tars ($5,000).
16. At the conclusion of or termination of any stated agreement/contract,
Concessionaire will be expected tc surrender said concession premises
i n as good an order as that in which they would receive same,
excepting ordinary wear and tear.
buildings or City equipment will
Concessionaire to repair, replac(
replacement.
Damage to or mistreatment of the
be the respons bi 1 i ty of the
or reimburse for repair or
17. The agreement/contract may be terminated by written agreement of
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either party hereto without cause upon sixty (60) days' written notice
to the other party. Such notice shall be delivered to the MY
Manager's Office, City Hall, 221 West Pine Street, Lodi, or to the #
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Concessionaire at a premises which is subject to this agreement.
18. IfConcessionaire 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 y.
City. Upon any termination hereof, Concessionaire agrees to quit and
surrender possession peaceably and City shall have the right to remove I'
Concessionaire and a I I others occupying through or under this
Y 9 9 ,
agreement.
is
19. 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.
N VMNESS WHEREOF, the parties hereto have hereunto set their hands
the day and year f i r s t hereinabove written.
CITY OF LODt a municipal corporation
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CITY OF LODI
DEPARTMENT OF PARKS AND RECREATION
REQUEST FOR PROPOSALS FOR CITY OF LODI
PARKS AND SOFTBALL COMPLEX CONCESSION OPERATIONS
Areas To Be Serviced
Locations: 1. Lodi Lake Park, 1301 W. Turner Road
2. Armory Park, 333 N. Washington Street
3. Lodi Softball Complex, 401 N. Stockton Street
Variety and prices of stated goods for sale
Past experience �
Financial ability'
Abi Ii t t f d a f I ty o per orm an prd
ove a success u operi
a on
Quality of food services
rr r
The successful biadet :gill have the sole and exclusive
right/license (except for certain special events) to vend food,
drinks, picnic supplies, souvenirs, etc., at or in concession
stands at Lodi Lake Park, Armory Park and the Softball Complex,
for a period of three years, beginning April 15, 1989 and ending
December 31, 1991. At the City's discretion, based upon the
decision of the City Manager and staff, a two year extension of
this contract i s possible, based on performance by Concessionaire
during the initial period of this agreement.
The City of Lodi retains the right to reject any and all bids.
GENERAL SPECIFICATIONS
The City of Lodi w i l l provide:
1. Enclosed concession stands or facilities with some limited
equipment which concessionaire w i I I be expected to service and
maintain at concessionaire's sole cost and expense. Bidders
should inspect facilities before submitting proposals, and will be
presumed t o have done so.
2. Water, sanitary sewer, gas, electricity, and garbage receptacles
outside the concession buildings shall be provided by the City.
The concessionaire will be responsible for removing at
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concess-lonaire's own cc;s ,, large boxes anud/or storage conta criers
which may accumulate from equipment or food storage packaging.
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.
Likewise, City will assist with repairs of vandal -caused damage to
buildings only. 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.
Concession Operations:
1. The length of the agreement shall be for a period beginning April
a
15, 1989 and ending midnight December 31, 1991...
2. The concessionaire will provide the City of Lodi with
WO00 $ ¢0Y`Mf40t0 MOM 00011t W0111W WOW,
f 0tldH►iW 000 Wootty 000090 10 too M0W Of $110001000 tot
f�
00th 1f00fMY 000 00¢dtt0000t MOW Woo$ to 100000ify $00 �
Wo too MY 0f 1100 ttoo AOO WOW 090100 07f 0OW1
OX00AW 000 1UNJIty 0tWO9 0dt 01 Ot 00100 00006 W 000 W
Ofoo0ttli 0000000 Qt 0000008 f0t W%000; X010HO$1 1000006
0WNt $WAIA00 f0 0W00AU 00tdV`H00 f0 Ot 00001 00 000100
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WOW 6f f4 041000 to AW toxolfoo ftoo AOY 0¢f of 001WO
40 00 OW Of fob of 0040$ of
000lo>ioox/ WO IOXO ` A00 WNflooto OW 00to fief XAO MY Of
VOOX f$ 00 000M OAP �0$ 040l a policy of general liability
insurance which contains an Additional 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, 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
he agreement. T.
500,000/$1,000.000
$1,000,000 combined single limit. In addition to the Additional
I"
Named Insured Endorsement on concessionaire's policy of s
insurance, said insurance policy shall be endorsed to include the ¢
following language: !
f
"Such insurance as is afforded by the endorsement for
the Additional Insures shall a as primary
insurance. An other insurance maintained by the Lit
of Lodi or its officers and employees shall e excess
only and not contributing with the coinsurance
afforded this endorsement.
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3.
A duplicate or certificate of said budl iy injury and propel
dame insurance containi,,,g the above -stated required
endorsements shall be delivered to the City Attorney 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 reduction in coverage of any
policy during the effective period of the agreement. nle
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 the agreement, the agreement shall
be null and void, All reauirements 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 the 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
paragraph 13 of the agreement.
Notwithstanding other provisions contained in the 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 set forth in tnis section.
Concessionaire will 60WAIlt follow 00 a product and
price schedule ,A,tt0040 WOO to be negotiated annually.
ST
Products and prices will be reviewed each year prior to the start of
the concession year, on or before February 1, and must meet the
approval of the City.
4. Concessionaire w i I I provide al l equipment and products to operate said
concessions .
5. The City of Lodi w i I I accept no less than a twenty percent (20%) bid
proposal or Hgher.
6. Concessionaire w i I I pay the agreed-upon percentage of gross
receipts after taxes to the City of Lodi on the tenth (10th) day of
each month while in operation. Ifsaid percentage is not paid by the
tenth (10th) day of each month, 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 books at any
time City desires. The concessionaire will complete monthly records
on forms provided by the City, which must accompany monthly gross
receipts payments.
7. Concessionaire w i I I be expected to operate any time that the
parks/softball complex referred to herein are open between February 15
and September 30 of each year, or at such times that the City Manager
or his representative directs, save and except those special events
specified by the City Manager. The hours of operation will be set by
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the Parks and Recreation Director in coordina"iun and cooperation with
the mutual agreement of the Director and the concessionaire, which
will best suit and service the public and its concession needs.
8. 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 concession, and to pay any and a17 taxes which may be
assessed against him/her for whatever purposes in the operation of
said concessions.
s 9. The successful bidder will have the exclusive rights to all concession
sales at Lodi Lake Park, Armory Park, and the Softball Complex with
F the exception of:
f-
- 4th of July observance at Lodi Lake Park
Special national or regional events as designated by
the City Manager
10. Bidder should be aware that a Possessory Interest Tax is charged each
year by the County Assessor for the use of the facilities and that
this tax is the responsibility of the vendor.
11. The Parks and Recreation Director reserves the right to approve or
disapprove of 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.
-7-
12. 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.
13. Concessionaire shall not have the right to sell, mortgage, assign or
sublet the 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 the City and
the 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 shall be responsible
for any acts of
vandalism to concessionaire's equipment and/or
f
inventoryMi�
15. The concessionaire
shall provide the City with a performance bond in
the amount of five thousand dollars ($5,000).'
k
h
16. At the conclusion of
or termination of any stated agreement/ contract,
the concessionaire
will be expected to surrender said concession'
premises in as good
an order as that in which they would receive same,
4.
excepting ordinary
wear and tear. Damage to or mistreatment of the -
buildings or City
equipment wi11 be the responsibility of the
concessionaire to
repair, replace, or reimburse for repair or
replacement.
ISIS
17. The agreement may be terminated by written agreement of either party
thereto without cause, upon sixty (60) days' written notice to the
other party. Such notice shall be delivered to the City Manager, City
Hall, 221 West Pine Street, Lodi, or to the concessionaire at a
premises which is subject to this agreement.
18. If concessionaire defaults in any of the terms contained in the
agreement, 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 and under the agreement.
Jt
19. City reserves the right to modify the terms of this Request For
Proposals at any time prior to award of the contract, upon notice to
bidders, and the terms herein shall be deemed part of any agreement
entered into hereunder.
20. At various times, the City may offer to concessionaire, additional
concession opportunities for activities not covered by this
agreement. Such offer shall be in the interests of both City and
concessionaire, and shall not be mandatory or required of
concessionaire.
am
21. Questions should be directed to the Parks and Recr_ea.-ion Director,
Ron Williamson, 125 North Stockton Street, Lodi, California phone
333-6742.
RFPCONCE/TXTA,OIV
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RESOLUTION NO. 89-38
A RESOLLMCN OF THE LODI CITY COUNCIL
AWARDING THE BID FOR CONCESSION OPERATIONS AT
LODI LAKE PARK, ARMORY PARK, AND THE SOF (BALL CCNFLDC
WHEREAS, in answer to notice duly published in accordance with law and
the order of this City Council, sealed bids were received and publicly opened on
March 27, 1989 at 11:00 a.m. for the bid for concession operations at Lodi Lake
Park, Armory Park, and the Softball Complex, described in the specifications therefor
approved by the City Council on March 1, 1989; and
WHEREAS, said bids have been compared, checked, and tabulated and a
report thereof filed with the City Manager as follows:
Bidder Percentage to City of Lodi
Jacob's Concessions of Stockton 29%
Johnson Enterprises of Acampo
26%
WHEREAS, the City Manager recommends that award of the bid for concession
operations, be made to the high percentage bidder, Jacob's Concessions of Stockton;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that
award of bid for concession operations at Lodi Lake Park, Armory Park, and the
Softball Complex'. be and the same is hereby awarded to Jacob's Concessions of
Stockton, the high percentage bidder, for the term April 15, 1989 to December 31,
1991, with an option for an extended two years should the Concessionaire perform the
operation to the satisfaction of the City Manager and Parks and Recreation Director.
Dated: April 5, 1989
I hereby certify that Resolution No. 89-38 was passed and adopted
by the City Council of the City of Lodi i n a regular meeting
held April 5, 1989, 1989 by the following vote:
Ayes : Council Members - Hinchman, Olson, Reid, Snider and
Pinkerton (Mayor)
Noes : Council Members - None
Absent: Council Members - None
A"R
i the
City Clerk
89-38