HomeMy WebLinkAboutAgenda Report - March 4, 1998 (57)AGENDA TITLE: Request for Proposals for Concession Operations at Armory Park
and Softball Complex
MEETING DATE: March 4, 1998
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council approve the Request for Proposals and the
draft Agreement form, and authorize advertisement for proposals
to conduct concession operations at Armory Park and the Softball
Complex through December, 2000.
BACKGROUND INFORMATION: Periodically, the Parks and Recreation Department solicits
proposals for concession operations at Armory Park, the Softball
Complex, and Lodi Lake Park (the Lodi Lake concession contract
extends through 1998, with a two-year extension possible).
The operations at Armory Park and the Softball Complex consist of the sale of food and beverages
during Lodi Unified School District high school and City League recreational 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, as well as
experience and reputation of the concessionaire.
The deadline for submitting proposals will be March 19, 1998.
FUNDING: None required.
Ranald Williamson, Parks and Recreation Director
Prepared by Joel Harris, Purchasing Officer
APPROVED:
H. Dixon FIyi 1 -- City Manager
CONCESSN.CC1 02/23!98
CITY OF LODI
DEPARTMENT OF PARKS AND RECREATION
REQUEST FOR PROPOSALS FOR CITY OF LODI
CONCESSION OPERATIONS
AT ARMORY PARK AND SOFTBALL COMPLEX
Areas to be Serviced:
1. Armory Park, 333 N. Washington Street, Lodi, CA
2. Lodi Softball Complex, 401 N. Stockton St., Lodi, CA
Agreement Duration:
April 10, 1998 through December 31, 2000
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 Armory Park and the Softball Complex, that
concession privileges be granted to a private individual, partnership, or corporation;
And that the award of the contract for the proper conduct and operation of said food and
beverage concession be made to the highest and most responsible vendor who, in the opinion of
the City of Lodi, is best qualified and fully and properly responds to this request 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 Instructions:
The contract for the proper conduct and operation of the food and beverage concessions will be
awarded to the vendor who in the opinion of the City of Lodi is best qualified to perform the
duties 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 supply in his or her proposal:
I . The percentage of gross sales, after sales taxes, to be paid to the City of Lodi
(minimum acceptable percentage is 20%);
2. Experience, background and ability to perform and provide 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 proposal form provided by the City
of Lodi under sealed cover and identified as "Proposal - Concession Operations", and received by
the City of Lodi Purchasing Officer, City Hall Annex, 212 West Pine Street, Lodi, CA 95240
(P.O. Box 3006, Lodi, CA 95241-1910) no later than
2:00 p.m. Thursday. March 19, 1998
At that time, in the Public Works Conference Room, First Floor, City Hall, 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 accept other than the highest proposal, or not to award on the basis of proposals
received.
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Information and Instructions (cont'd)
The successful vendor will have the sole and exclusive right and license, except for certain special
events as described in the attached Agreement, to vend food, beverages, picnic supplies, and
souvenirs at or in concession stands at Armory Park and the Softball Complex, for a period of
two years, eight months, twenty days, beginning April 10, 1998, and ending December 31, 2000.
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 upon performance by Concessionaire
during the initial period of this agreement.
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To: The City Council
City of Lodi
Lodi, California
From:
PROPOSALFORM
(Name o f Vendor)
The undersigned declares: I have carefully examinee! 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. I agree 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 front any estimate of any City employee or agent, and that
no claim will be made against the City by any reason of estimates or representations of any
officer or agent of the City. If this proposal is accepted, I agree to perform the duties of 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.
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Proposal Form (cont'd)
The undersigned hereby proposes to pay the City of Lodi the amount of
of the gross sales from concession operations after sales taxes for the privilege of furnishing
concession services at Armory Park and the Softball Complex from April 10, 1998 through
December 31, 2000, in accordance with the attached specifications and Agreement.
The vendor hereby submitting this proposal shall also attach to this proposal a printed 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; with a
list of prices for each of the above listed items;
• A list of at least three references indicating successful operation of a
concession during the past five years.
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In submitting this proposal as herein described, vendor agrees to have carefully examined the
specifications and provisions of this proposal form and understands the meaning, intent, and
requirements 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 specifications 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 principals are named herein,
and that this proposal is 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, Corp.)
Name of Authorized Representative:
Signature:
Title: Date:
2-6
AGREEMENT
CITY OF LODI
Concession Operations
Armory Park and Softball Complex
THIS AGREEMENT, made and entered into this
by and between the CITY OF LODI ("City"), and
WITNESSETH
day of
19 ,
("
Concessionaire").
WHEREAS, City has a need for concession service at Armory Park and the Softball
Complex and is authorized by Government Code § 53060 to contract for these services; and
WHEREAS, Concessionaire has represented itself as a qualified contractor for the
concession service to be duly qualified, experienced and to provide such service in accordance with
the City of Lodi Request for Proposal, and specifications and conditions thereto.
NOW THEREFORE, the parties mutually agree as follows:
1. SCOPE OF WORK:
Concessionaire shall furnish all labor, equipment and supplies for providing concession
services at the below -described parks in strict compliance with San Joaquin County Health
Department standards and requirements for concession operations, and under the terms and
conditions set forth in this agreement:
Areas to be serviced:
Locations: Armory Park, 333 North Washington Street, Lodi, and
Lodi Softball Complex, 401 North Stockton Street, Lodi
City does hereby grant to Concessionaire, subject to the terms set forth in this agreement,
the sole and exclusive right/license to vend food, drinks, picnic supplies, souvenirs, and other
concession items as approved by the City of Lodi, at the concession stands of the above-described
parks, beginning , 19_ and ending , 19
Roffice/gen corres/concession Agreement -Armory Park & Complex
Z. TERMS AND CONDITIONS:
A. City's Rights and Obligations:
Concession Stands: City will provide 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
property of the City upon termination of this agreement.
Utilities: City will provide water, sanitary sewer, gas, electricity, and garbage
receptacles outside the concession buildings.
3. Building Maintenance: City will provide 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.
4. Exclusive Rig ts: 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 tournament conducted outside the normal course of
operation of the above-described facilities, and of which the City shall give
concessionaire thirty (30) days advance notice.
5. Non -Exclusivity During Special Events: The City reserves the right, during
national or regional tournaments or other special events, to permit the approved
operation of additional concessions not in conflict with Concessionaire's normal
product line of food and beverages. Right to the sale or distribution of programs,
photo packages, clothing souvenirs and advertisements of any kind or form for said
tournaments or special events shall remain solely and exclusively the property of
the City at all times prior to, during, and after said events.
6. Inspection of Premises: The 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.
7. Termination Upon Default in Insurance: Notwithstanding other provisions
contained herein, City is granted the right to immediately terminate this agreement
upon failure on the part of Concessionaire to maintain in full force and effect the
Workers' Compensation or Liability Insurance required by the terms of this
agreement.
B. Concessionaire's Rights and Oblig tia ons:
Liability Insurance: Concessionaire agrees to maintain in full force during the
term hereof, a policy of general liability and liquor liability insurance which
contains an Additional Named Insured Endorsement naming the City of Lodi as an
Foffice. gen corres/concession Agreement -Armory Park & Complex
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 this Agreement.
The minimum limits of such insurance shall be $1,000,000/$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, 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 reduction in coverage of any policy 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. All requirements herein
provided shall appear either in the body of the insurance policy or as endorsement
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
terms of this agreement.
2. Workers' Compensation Insurance: Concessionaire shall take out and maintain
during the life of this agreement, Workers' Compensation insurance as required by
the State of California and shall similarly require any and all subcontractors to
provide proof of same. Concessionaire shall require the carrier of said Workers'
Compensation insurance to give City at least thirty (30) days prior written notice of
the cancellation of any policy during the effective period of the agreement.
3. Products and Price Schedule: Concessionaire shall, prior to opening for business
each year of said agreement, furnish a "Products and Price Schedule" and shall
follow the products and price schedule as negotiated between the City and
Concessionaire.
4. EQui=nt and Stock in Trade: Concessionaire shall provide all equipment and
products to operate said concessions. The City and Concessionaire shall furnish
Roffice/gen corres/concession Agreement -Armory Park & Complex 3
each other with a list of their provided equipment, which lists shall be updated
annually.
Payments to City: Concessionaire shall pay 25% of gross receipts after taxes to
the City of Lodi, which payments shall be due on the tenth (10h) 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 City.
6. Record of Books and Accounts: Concessionaire shall keep accurate records and
books of accounts of all purchases and sales, and does hereby give to City or its
authorized agents, the right to examine and audit said books at any time City
desires. Concessionaire shall complete monthly records on forms provided by
City, and these reports shall be provided to City by the tenth (10°i) calendar day of
each month while concessions are in operation.
7. )pates and Times of Operation: 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 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.
8. Permits and Licenses: 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 iri the operation of said concessions.
Concessionaire shall obtain and maintain throughout the life of this agreement a
City of Lodi Business Tax Certificate.
Wo rZT71 r& 9
a) Concessionaire shall keep the concession stands and the itntnediate
surrounding areas in clean and presentable condition at all times and follows
the strictest of sanitary conditions, and any State and local ordinances
applicable to the business to be conducted.
b) Concessionaire shall be responsible for daily removal from the premises
of packaging materials (cartons, boxes, and cases) in which food and
beverage items are packed.
c) Concessionaire shall be responsible to give the City written notice of
any maintenance problems.
Voffice/gen corres/concession Agreement -Armory Park & Complex
10. Permits. Taxes and Fees: Concessionaire agrees to obtain at its own expense any
permits and licenses which may be required by law or ordinance in the conduct of
the concession and to pay any and all taxes which may be assessed against
Concessionaire for whatever purposes in the operation of said concession.
Additionally, Concessionaire specifically 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 payment of this tax is the responsibility of the vendor.
11. Director Approval of Employees: City reserves the right to approve or disapprove
any employee or operator of said concession stand on a basis of such considerations
as dress, general cleanliness, and working relationship with the public and staff, as
needed to successfully vend food for day -today operations, tournaments or special
events or activities. City will counsel and coordinate this action with
Concessionaire. All concession employees will be dressed in like uniforms, white
or other light color as approved by City, and be identified, by name, as employees
of Concessionaire. All concession employees shall wear appropriate head attire to
meet San Joaquin County Health Department requirements, and shall be clean at all
times.
12. Assignment of Contract: 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 City. 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 required concession products and/or services
for major regional or national tournaments or other special events, 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 City. Said original Concessionaire shall have first right of refusal to
participate in said negotiations.
WINEEF16VTO1. In
a) The Sale of alcoholic beverages shall be limited to beer, selection of which
shall include at least one premium brand, and shall be subject to approval by City;
b) The sale of alcoholic beverages shall be subject to all local, state, and federal
laws and Concessionaire shall bear full responsibility for knowledge of, and
compliance with, such laws.
c) Concessionaire agrees that no alcoholic beverage will be sold at any time during
regional or national youth softball tournaments.
14. Staffing:
a) Armory Park: Concessionaire shall provide a minimum staff of at least one
person at all times during all scheduled events;
J/office/gen corres/concession Agreement -Armory Park & Complex
b) Softball Complex: Concessionaire shall provide a minimum staff of two (2)
persons at all times during all high school games and all weekday City league
games, and three (3) persons during weekend games and all tournaments and
special events.
c) Changes in minimum staffing levels may be renegotiated if City and
Concessionaire agree that such changes will have no adverse effect on quality or
level of service, or on quality of food served.
15. Secur4: Concessionaire shall be responsible for the security of the 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 equipment and/or inventory.
16. Condition Upon Surrender: 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 City for repairs
or replacements.
17. Performance Bond: Concessionaire shall be required to provide City upon the
signing of this agreement a Performance Bond in the amount of $2,500. Further,
Concessionaire shall be responsible for the payment of the City's reasonable costs
and attorney's fees to be fixed by the court in the event suit is brought upon the
bond.
18. Termination Upon Default: 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 City. Upon termination
thereof, Concessionaire agrees to quit and surrender possession peaceably and City
shall have the right to remove Concessionaire and all other occupying through or
under this agreement. Under such termination of agreement Concessionaire's
performance bond shall be forfeited to City for payment of all outstanding debts
owed by Concessionaire to City, including monthly payment(s) and any and all
reimbursements for repairs or replacement of the facilities.
19. Nondiscrimination: In connection with the execution of this agreement
Concessionaire shall not discriminate against any customer, employee or applicant
for employment on the basis of age, race, religion, color, sex, disability or national
origin. Concessionaire shall take affirmative action to ensure that applicants are
employed, and the employees are treated during their employment, without regard
to their age, race, religion, color, sex, disability or national origin. Concessionaire
shall comply with Title VII of the Civil Rights Act of 1964 and with all applicable
statutes, regulations, laws, etc., promulgated pursuant to the civil rights acts of the
government of the United States and the State of California now in existence or
Roffice/gen corres/ concession Agreement -Armory park & Complex 6
hereafter enacted. Further, Concessionaire shall comply with section 1735 of the
California Labor Code.
20. Conformance with Federal and State Law: All equipment, supplies and services
used by Concessionaire in the performance of this agreement shall conform to the
laws of the government of the United States and the State of California.
21. Hold Harmless: Concessionaire agrees to indemnify and hold harmless City, its
officers, agents, employees and volunteers from any claims arising out of injury to
person or property in connection with the concession operations that are the subject
of this agreement.
22. Loud S akers: No sound producing or amplification devices may be used by
Concessionaire within or outside his concession space.
3. GENERAL PROVISIONS:
A. Attorney's Fees: In the event that either party brings an action under this
Agreement for the breach or enforcement thereof, the prevailing parry shall be entitled to its
reasonable attorney's fees and costs, whether or not such action is prosecuted to judgment.
B. Termination of Agreement: The agreementicontract may be terminated by
written agreement of either parry 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.
C. Independent Contractor Relationship: The parties hereto mutually agree that the
relationship of Concessionaire to City is that of an independent contractor and not an officer,
employee or agent of City. It is further understood that the agents and employees of
Concessionaire, in the performance of this agreement, are employees of Concessionaire and not
officers, agents, employees or volunteers of City.
D. Amendment, Alteration or Variation: No amendment, alteration or variation of
the terms or specifications of this agreement shall be valid unless made in writing and mutually
signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall
be binding on any of the parties.
E. Time: Time is of the essence in the agreement.
F. Advertising Signs: All advertising signs of any type shall be posted only upon
approval of City.
G. Entire Agreement and Modification: This agreement supersedes all previous
agreements and constitutes the entire understanding of the parties hereto. Concessionaire shall be
entitled to no other benefits than those specified herein. No changes, amendments or alterations
shall be effective unless in writing and signed by both parties. Concessionaire specifically
acknowledges that in entering into and executing this agreement, Concessionaire relies solely upon
the provisions contained in this agreement and no others.
Uoffice/gen corres/concession Agreement -Armory Park & Complex
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands the day and
year first hereinabove written.
CITY OF LODI, a municipal
corporation
H. Dixon Flynn
City Manager
ATTEST
Alice M. Reimche
City Clerk
Roffice/gen corres/concession Agreement -Armory Park & Complex
CONCESSIONAIRE
APPROVED AS TO FORM
Randall A. Hays
City Attorney