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HomeMy WebLinkAboutAgenda Report - June 3, 1987 (85)TO: THE CITY COUNCIL FROM. THE CITY MANAGER'S OFFICE Cf ; CIL COMM NICaTIO` DAT E: JUNE 3, 1987 SUBJECT: OCN7UTR IN GAFF ACTION FBGARDIIG AWARD OF BID FOR LODI IAXE PARK CC.SSIONSS AND ATMIORIZE THE CITY hg1NAGE'R AND CITY CLERK TO EXEY'tTM THE APPROPR.TA'TF, AGR1T PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION: That the Lodi City Council accept the bid of Robert Vandergriff for the Lodi Lake Park Concessions, approve an agreement for operation of the Lodi I:ake Park Concessions (see Exhibit A attached hereto), and authorize the City Manager and City Clerk to execute the appropriate agreement. BACKGROUND-INFORiATI.ON: It is my. recommendation that the City Council officially approve Mr. Robert Vandergriff's bid to operate the conces- sion stand and coordinate concession operations at Lodi Lake Park for a two-year period, beginning immediately and ending December 31, 1988. Due to the fact there was not a second City Council meeting scheduled for May and the Memorial Day weekend was upon us, I asked the City Manager to proceed with emergency actions to implement a contract with Mr. Vandergriff so we could open operations over the holiday weekend. A contract was therefore signed by Air. Vandergriff, and he met all insurance, performance bond, and pre-operation require- ments. Mr. Vandergriff was the only bidder for the Lodi Lake Concessions and will pay 10% of all gross revenues after taxes to the City of Lodi on a monthly basis. Ronald W. Williamson Parks and Recreation Director RWW: j Attach. RESOLUTION ;'40, 87-57 RESOLUTION CONCURRING IN STAFF ACTIU-N REGARDING THC BID FON LODI LAKE PARK CONCESSIONS IN AWARDING THE SUBJECT BID TO ROBERT VANDERGRIFF WHEREAS, on April 15, 1987, the Lodi City Council approved specifications for Lodi Lake Concessions and authorized the advertising for bids thereon; and WHEREAS, on May 12, 1987 at the time and place scheduled for the bid opening, only one bid was received as follows: Robert Vandergriff - 10% of all gross revenues after taxes to be paid to the City of Lodi on a monthly basis WHEREAS, due to the fact there was not a second City Council meeting scheduled for the month of May, 1987 and the impending Memorial Day weekend, the City Manager proceeded with emergency actions to implement a contract with Mr. Vandergriff so that operations could commence over the holiday weekend. A contract was therefore signed by Mr. Vandergriff when it was ascertained that he had met all insurance, performance bond and preoperation requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the -City -of Lodi does hereby accept the bid of Robert Vandergriff for the Lodi Lake Park Concessions as heretofore se;, forth; approves the agreement for the operation of the Lodi Lake Park Concessions, See Exhibit A attached and thereby made a part hereof, and authorize the City Manger and City Clerk to execute the appropriate agreement. Dated: June 3, 1987 I hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lodi in a regular meeting held Wednesday, June 3, 1987, by the following vote: Ayes: Council Members - Hinchman, Pinkerton, Reid, Snider, and Olson (Mayor) Noes: Council Members - None Absent: Council Members - None Attest: Alice M. Reimche City Clerk A roved as to form Ronald M. Stein City Attorney 87-57 AGREEMEN i CITY OF LODI DEPARTMENT OF RECREATION AND PARKS Lodi Lake Concession Operation THIS AGREEMENT is made and entered into this �_ day of ��1987, by and between the CITY OF LOCI, a municipal ereinafter called City, and ROBERT VANDERGRIFF, hereinafter call Concessionaire. WITNESSETH: Concessionaire agrees to operate concession stand and park area at Lodi Lake Park under the following terms and conditions: Area to be Serviced: Location: Lodi Lake Park Facility: Concession Stand and Park Area s Location: 1301 West Turner Road, Lodi, California ( City does hereby grant to Concessionaire the sole and exclusive right/license to vend food, drinks (except alcoholic beverages of any kind), picric supplies, souvenirs, etc. at the concession stand and k Lodi Lake proper area at Lodi Lake °ark for a period of nineteen (S1 months beginning May 2 , 1987 and ending december 31, 1988. The City will provide: 1. Enclosed concession stand with some limited city -awned equipment, which Concessionaire will be expected to service and maintain at Cocessionaire's sole cost .:nd expense. 4 2. Water. 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 building, 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 building only. Lodi Lake Concession Operation Conditions: 1. The length of the contract is for nineteen (19) months, beginning May 4-1, 1987 through midnight December 31, 1988. -2- 2. Concessionaire agrees tc maintain in fuE1 force during the term 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 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 Zbout 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 Asreemert. The minimum limits of such insurance shall be $500,0001$1,000,000 Bodily Injury; $100,000 Property Damage, or $1,000,000 combined single limit. In addition to the Additional Named Insured Endorsement on Concessionaire's policy of insurance, 11, said insurance policy shall be endorsed to include the following language: F "Such insurance as is afforded by the endorsement for the ply as primary insurance. Any other Additional Insureds shall ap 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 -3- damage insurance containing the above -stated. required endorsements shad 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. T'le insurance certificate must state on its face or as an endorsement, the name of the Lodi Lake Park Conc?ssion that it is insuring. if there has been no such delivery within forty-eight (48) hours prior to the commencement of any portion of this project, 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 bindtheinsurance carrier. This paragraph and all other provisions of this Agreement shall apply and be construed as applying to any subtenant of Concessionaire. 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 set forth in this section. 3. Concessionaire shall furnish a products and price list which list shall be approved by the City Manager or his representative. Concessionaire shall generally follow the product and price schedule as shall be negotiated between the City Manager or his representative and Concessionaire. Since the contract is for nineteen (19) months, prices will be reviewed each year. Thi Concessionaire can also add to or delete from the product list, with the written approval of the City Manager or his representative. Prices will be reviewed in March of each year by the Concessionaire and the Director of Recreation and Parks. 11.Concessionaire will provide all equipment and products to operate said concession. /t� 5. Concessionaire will pay percentage of gross receipts after expected to operate any time that the park taxes to the City of Lodi on the tenth (10th) day of each month is open between May I while in operation. If said percentage is not paid by the tenth 30 of each year or at such (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 times that the City accounts of all purchases and sales and does hereby give to the the City of Lodi or his City or its authorized agents, the right to examine and audit said representative directs. books at any time City desires. The Concessionaire will complete L monthly records on forms provided by the City, which must Director of Recreation and Parks in F accompany monthly gross receipts payment. .. �. 6. Concessionaire will be expected to operate any time that the park is open between May I and September 30 of each year or at such times that the City Manager of the City of Lodi or his representative directs. The hours of operation will be set by the Director of Recreation and Parks in coordination and cooperation' r: -5- with the mutual agreement of the Director• and the Concessionaire, which will best suit and service the public and -its concession needs 7. Concessionaire agrees to obtain at his 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 all taxes which may be assessed against him for whatever purposes in the operation of said concession. 8 Concessionaire shall keep the concession stand 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. Yi Concessionaire shall be responsible to give to the City, written 5.= notice of any maintenance problems. L. 9. Concessionaire shall have exclusive rights to all concession sales at Lodi Lake Park. 10. Concessionaire is aware that a Possessory Interest Tax is charged each year by the County Assessor for the use of the facility and that this tax is the responsibility of the vendor. 11. The Director of Recreation and Parks for the City of Lodi reserves - the right to approve or disapprove any employee or operator of said concession stand, i.e., dress, general cleanliness, working relationship with public, and so forth. 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 the City of Lodi, and o 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 stand 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 that may occur. 15. The Concessionaire shall provide the City with a performance bond in the amount of five hundred dollars ($500). 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, excepting ordinary wear and tear. Damage to or mistreatment of the building or City equipment will be the d►A responsibility of the Concessionaire to repair, r.�-place, or reimburse for repair or replacement. 17, The agreement/contract may be terminated by written agreement of either party hereto without cause upon thirty (3G) days' written notice to the other party. Such notice shall be delivered to the City of Lodi at the office of the City Manaqc�r, City Hall, or to the Concessionaire at the premises which :ore subject to this agreement. r 0 IH. If Concessionaire defaults in any of the terms contained herein, the Concessionaire's ag•-eement 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 y 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 the agreement. 19. In the event that eithero party brings an action under this Agreement for the breach; -or enforcement thereof, the prevailing party in such action shall be entitled to its reasonatle attorneys` fees and costs whether or not such action is prosecuted t, to judgment. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first hereinabove written. CITY OF LODI, a municipal corporation THOMAS A. PETERSON City Manaq,�r / f i ' t- ROBERT VANDERGRIFFF ATTEST: Concessionaire -9-