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Home My WebLink AboutAgenda Report - February 3, 1999 E-09CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Approval of Agreement Between City of Lodi and Boosters of Boys/Girls Sports Organization for Concession Operations at Zupo Field MEETING DATE: February 3, 1999 PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION: That the City Council approve an agreement between the City of Lodi and Boosters of Boys/Girls Sports Organization for concession operations at Zupo Field for a period of three years. BACKGROUND INFORMATION: The Boosters of Boys/Girls Sports Organization (BOBS) has provided concession operations at Zupo Field for approximately seven years. They have consistently provided excellent service and a quality concession operation. Staff recommends the continuation of this successful working relationship and the renewal of our agreement to cover the period of February 3, 1999 to December 31, 2002 FUNDING: None. All revenues collected are retained by the BOBS to cover expenses of the organization's commitment to provide low costs youth sports programs. The BOBS also dedicate some revenue toward cap,*"i provement project youth sports facilities. VmRon Williamson Parks and Recreation Director RW/sb cc: City Attorney APPROVED: H. ix Flynn -- Ci Manager 01/25/99 AGREEMENT CITY OF LODI AND BOOSTERS OF BOYS AND GIRLS SPORTS FOR CONCESSION OPERATIONS AT ZUPO PARK PARTIES: This agreement is made and entered into this 3rd day of February, 1999 by and between the City of Lodi, a municipal corporation ("City") and the Boosters of Boys and Girls Sports ("BOBS"). This agreement shall expire on December 31, 2002. RECITALS: BOBS agrees to operate concession stands at the below described park(s) under the terms and conditions set forth herein: Zupo Park 350 North Washington Street Lodi, California TERMS AND CONDITIONS: 1. Premises: City does hereby grant to BOBS the sole and exclusive right\license to vend food and drinks, etc. at the concession stands of the above described park(s) for the term of this agreement. 2. Consideration: In consideration for the granting of this rightllicense the parties shall do the following: A. City shallrop vide: 1. Enclosed concession stands with some limited City -owned equipment which BOBS will be expected to service and maintain at BOBS sole cost and expense; 2. Water, sanitary sewer, gas, electricity, and garbage receptacles outside of the concession buildings; 1 \\LODINTS40ENTOOI %DEPARTMENTS\Administration\CAICITY\AGR\AGR-BOBS. DOC 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 BOBS. B. Concession operation conditions: 1. The City Manager is granted the right to immediately terminate this agreement upon failure on the part of the BOBS to keep in full force and effect during the entire term of this agreement, the insurance required herein; 2. BOBS shall, prior to opening for business, furnish a products and price schedule and shall follow the products and price schedule as mutually agreed to between BOBS and City; 3. BOBS shall provide all equipment and merchandise necessary to operate said concessions; 4. BOBS 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 reasonable time. The BOBS will complete monthly reports, and these reports shall be filed with the City by the tenth day of every month while said concession is in operation; 5. BOBS shall operate said concession from March 1 through November 15 at times commencing 15 minutes before events, and to the top of the last scheduled inning; 6. BOBS agrees to obtain at its 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 it for whatever purposes in the operation of said concessions; 7. BOBS shall keep the concession stands and the immediate surrounding area in a clean and presentable condition at all times and follow the strictest of sanitary conditions, and any State and local ordinances applicable to the 2 \\LODINTS40ENT001 \DEPARTMENTS\Administration\CA\CITY\AGR\AGR-BOBS.DOC business conducted. BOBS shall give the City written notice of any maintenance problems; 8. The rights granted hereunder for concession sales at the identified park(s), shall be exclusive to BOBS. Subleasing by BOBS is hereby prohibited. BOBS has the right of first refusal on all special events occurring at the above- named park in providing required food and beverage service. If BOBS relinquishes its rights under this paragraph, City shall be free to contract with any other concessionaire of its choosing to provide concessions for the special event; 9. BOBS 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 BOBS; 10. The Parks and Recreation Director and BOBS as mutually agreed upon shall approve or disapprove any employee or operator of said concession stands on the basis of such considerations as dress, general cleanliness, working relationship with the public, and staff needed to successfully vend food for day to day operations, tournaments or special events\activities. (City will coordinate this action with Concessionaire manager); 11. 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; 12. BOBS shall not have the right to sell, mortgage, assign or sublet this agreement or any part thereof without the prior written consent of City and any attempt to do so shall automatically terminate this agreement; 13. BOBS shall be responsible for the security of the concession stand and any storage buildings assigned to its exclusive use as far as locks on doors and windows or installation of an alarm system if it is deemed necessary by mutual agreement of the parties. BOBS shall be responsible for any acts of vandalism to BOB's equipment or inventory; r \\LODINTS40ENTOO 11DEPARTMENTS\Administration\CA\CITY\AGR\AGR-BOBS.DOC 14. At the conclusion of or termination of this agreement BOBS shall surrender said concession premises in as good an order and condition as that in which BOBS received same, excepting ordinary were and tear. Damage to or mistreatment of the buildings or City equipment will be the responsibility of BOBS to repair, replace, or reimburse for repair and replacement. 3. Insurance\Hold Harmless: City shall, as owner of the property, be responsible to the extent provided by law for any damages arising from the condition of the property itself, or from the direct and active negligence of City's employees and officers. BOBS shall save, defend, indemnify and hold harmless City, its officers, agents or employees from all damages, costs or expenses which may arise because of damages or injury caused by BOBS, its officers, agents, members or employees during the course of its activities on said premises. Such indemnity shall include attorney's fees. BOBS is required to carry a policy of comprehensive general liability insurance in compliance with all provisions of the "Risk Transfer Requirements for Lease or Use of City of Lodi Facilities", attached hereto as Exhibit A and incorporated herein by reference. 4. Termination of Agreement: This agreement may be terminated at any time with or without cause by either party upon thirty days written notice. Upon termination of this agreement BOBS agrees to quit and surrender the premises in a peaceable manner and City shall have the right to remove BOBS and all others occupying through or under this agreement. 5. Entire Agreement: This document contains the entire agreement between the parties. Any inconsistent prior or contemporaneous oral terms are void and shall not be used to modify or supplement this written agreement. 6. Attorney's Fee and Costs: In the event either party brings an action under this agreement at Law or in Equity, for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorney's fees and costs whether or not such action is prosecuted to judgment. 4 \\LODINTS40ENT001 \DEPARTMENTS\AdministrationlCA\CITY\AGR\AGR-BOBS. DOC IN WITNESS WHEREOF, the parties hereto, being in agreement with the terms of this writing, have set their hands as follows: CITY OF LODI, a municipal corporation H. DIXON FLYNN City Manager Dated: Attest: ALICE M. REIMCHE City Clerk 5 BOOSTERS OF SPORTS (BOBS): RON MARKS President Dated: Approved as to form: RA DALL A. HAYS City Attorney 1\LODINTS40ENT001 \DEPARTMENTS\Administration\CA\CITY\AG R\AG R -BOBS. DOC BOYS AND GIRLS EXHIBIT A CITY OF LODI RISK TRANSFER REQUIREMENTS FOR LEASE OR USE OF CITY FACILITIES The City of Lodi has made arrangements with the American Casualty Company to provide commercial general liability coverage for various types of special events which may be permitted on City property or rights-of-way. This inexpensive insurance program has been designed to meet the special needs of the City. It will be mandatory in most cases, for any individual party or group to purchase this coverage as a condition for conducting their event on City facilities. If insurance coverage is not purchased from the program described above, the following Risk Transfer Requirements must be met. 1. Any individual party or group (hereinafter called Lessee) leasing, renting or otherwise using City of Lodi facilities, is required to carry a policy of Comprehensive General Liability insurance, and must complete a formal application or permit. Processing of applications is handled by the department responsible for the facility. 2. A duplicate or certificate of insurance shall be delivered to the City TWO WEEKS prior to the use of City facilities. NOTE: Lessee agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is as lease consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Govt. Code < 810 et seq.). "Claims made" coverage requiring the insured's to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. 3. Each insurance certificate shall contain satisfactory evidence that each carrier is required to give the City of Lodi immediate notice of the cancellation or reduction in coverage of any policy during the effective period of the use of the City's facilities. 4. Each insurance certificate shall state on its face or as an endorsement, the location or and a description of the function that it is insuring. 5. If the City has not approved the insurance certificate and appropriate application or permit prior to the commencement of any portion of the function, the City's facilities will not be allowed to be utilized, and any contract or agreement entered into will become null and void. 6. Provided the lease agreement or contract does not prohibit a subtenant, all provisions of these requirements shall apply to and be construed as applying to any subtenant of the Lessee. 7. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. 8. In each and every instance, the City of Lodi must be named as an additional insured on the face of the insurance certificate or as an endorsement attached to the insurance certificate. (The City of Lodi, its agents, officers, and employees, must be named the additional insured, not Hutchins Street Square, Parks and Recreation, or another individual or department). J:/Personnl/Riskreq.doc 9. The address of the City of Lodi must be shown along with number 8 above, (i.e. Additional Insured, City of Lodi, its agents, officers, and employees, 221 W. Pine Street, Lodi, Ca. 95240) This must be the street address NOT the post office box. 10. In addition to the Additional Names Insured Endorsement on Lessee's policy of insurance, said insurance policy shall be endorsed to include the following language or reasonable facsimile: "Such insurance as is afforded by the endorsement for the Additional Insured's 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." 11. The combined single limits for bodily injury and property damage shall not be less than $1,000,000 each occurrence. If alcohol is to be consumed or sold at the Lessee's event, then liquor liability coverage must be provided. 12. The Policy effective date and expiration date must coincide with and span the date(s) of the event being insured. 13. If the limits of coverage are not the amounts specified in Section 10 and 11 above and/or if the City is not named as an additional insured on the insurance certificate, not in conformance with the requirements of paragraph 2 above, the City will not accept the insurance certificate, and a corrected certificate must be furnished to the City prior to any use of City facilities. 14. If a corrected insurance certificate and appropriate application or permit is not received by the City of Lodi prior to the use of City facilities, the City will not allow the facilities to be used, and any agreement or contract entered into will become null and void. J:/PersonnMskreq.doc RESOLUTION NO. 99-15 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING 3 -YEAR AGREEMENT BETWEEN THE CITY OF LODI AND BOOSTERS OF BOYS/GIRLS SPORTS ORGANIZATION (BOBS) FOR CONCESSION OPERATIONS AT ZUPO FIELD ----------------------------------------------------------------- BE IT RESOLVED that the Lodi City Council does hereby approve the Agreement between the City of Lodi and the Boosters of Boys/Girls Sports Organization (BOBS) for Concession Operations at Zupo Field; and BE IT FURTHER RESOLVED that the term of this Agreement will cover the period of February 3, 1999 through December 31, 2002; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of Lodi. Dated: February 3, 1999 1 hereby certify that Resolution No. 99-15 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 3, 1999 by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor) NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None . ALICE M. AIZMIC�H E City Clerk 99-15 PROJECT Sala:4 Scoreboards Salas Equipment Trailer Sales Protective Extension (Back Stops) Kofu D.G.Amdscape Vinewood Backstop (North East) B.O.B.SJCITY PROJECTS FOR 1999 - 2000 B.O.B.S. B.O.B.S. to do with Electric Utility help Do project Nothing Coordinate with Tokay, B.O.B.S., City (possibly) Remove fabric, sanding, painting Concession Stand (Zupo, Kofu, Salas) B.O.B.S. general clean-up, renovate, paint Salas F.B. Lights (South Side) Help in the contact Salas Trees (Walk Way) DeBenedetti Park (Master Plan Construction) Grape Bowl — Major Renovation Help general community interest, support, (Community Issue/Public Hearings) etc. oui4u" 1 CITY DATE Parks aware of project April 1999 Cut out grass around restroom area and April 1999 possibly help hook up electrical Capital Project (City) April 2000 Plans — help give direction March 2000 Contract out — install fence. City to pay Fall 1999 for same Roll -up, walk-in door — Stockton Ports March 1999 money City Utility Department contact — Fall 1999 design/plans/coordinate City to install at Salas April 1999 Master Plan4nstall one diamond 2000 Coordinatelprovide plans of area, etc. 2000 PROJECT Salas Scoreboards Salas Equipment Trailer Salas Protective Extension (Back Stops) Kofu D.G./Landscape Vinewood Backstop (North East) B.O.B.SJCITY PROJECTS FOR 1999 - 2000 B.O.B.S. B.O.B.S. to do with Electric Utility help Do project Nothing Coordinate with Tokay, B.O.B.S., City (possibly) Remove fabric, sanding, painting Concession Stand (Zupo, Kofu, Salas) B.O.B.S. general clean-up, renovate, paint Salas F.B. Lights (South Side) Help in the contact Salas Trees (Walk Way) DeBenedetti Park (Master Plan Construction) Grape Bowl — Major Renovation Help general community interest, support, (Community Issue/Public Hearings) etc. 01/14M t CITY DATE Parks aware of project April 1999 Cut out grass around restroom area and April 1999 possibly help hook up electrical Capital Project (City) April 2000 Plans — help give direction March 2000 Contract out — install fence. City to pay Fall 1999 for same Roll -up, walls -in door — Stockton Ports March 1999 money City Utility Department contact — Fall 1999 design/plans/coordinate City to install at Salas April 1999 Master Plan/Install one diamond 2000 Coordinate/provide plans of area, etc. 2000 PROJECT Salas Scoreboards Salas Equipment Trailer Salas Protective Extension (Back Stops) Kofu D.G./Landscape Vinewood Backstop (North East) B.O.B.SJCITY PROJECTS FOR 1999 - 2000 B.O.B.S. B.O.B.S. to do with Electric Utility help Do project Nothing Coordinate with Tokay, B.O.B.S., City (possibly) Remove fabric, sanding, painting Concession Stand (Zupo, Kofu, Salas) B.O.B.S. general clean-up, renovate, paint Sales F.B. Lights (South Side) Help in the contact Salas Trees (Walk Way) DeBenedetti Park (Master Plan Construction) Grape Bowl — Major Renovation Help general community interest, support, (Community Issue/Public Hearings) etc. OVUM CITY DATE Parks aware of project April 1999 Cut out grass around restroom area and April 1999 possibly help hook up electrical Capital Project (City) April 2000 Plans — help give direction March 2000 Contract out — install fence. City to pay Fall 1999 for same Roll -up, walk-in door — Stockton Ports March 1999 money City Utility Department contact — Fall 1999 design/plans/coordinate City to install at Salas April 1999 Master Plan/install one diamond 2000 Coordinate/provide plans of area, etc. 2000 PROJECT Salas Scoreboards Salas Equipment Trailer Sales Protective Extension (Back Stops) Kofu D.GJLandscape Vmcwood Backstop (North East) B.O.B.SJCITY PROJECTS FOR 1999 - 2000 B.O.B.S. B.O.B.S. to do with Electric Utility help Do project Nothing Coordinate with Tokay, B.O.B.S., City (possibly) Remove fabric, sanding, painting Concession Stand (Zupo, Kofu, Salas) B.O.B.S. general clean-up, renovate, paint Salas F.B. Lights (South Side) Help in the contact Salas Trees (Walk Way) DeBenedetti Park (Master Plan Construction) Grape Bowl — Major Renovation Help general community interest, support, (Community IssuetPublic Hearings) etc. 01/1499 CITY DATE Parks aware of project April 1999 Cut out grass around restroom area and April 1999 possibly help hook up electrical Capital Project (City) April 2000 Plans — help give direction March 2000 Contract out — install fence. City to pay Fall 1999 for same Roll -up, walk-in door — Stockton Ports March 1999 money City Utility Department contact — Fall 1999 design/planstcoordinate City to install at Salas April 1999 Master Plan/Install one diamond 2000 Coordinatdprovide plans of area, etc. 2000 PROVE Sales Scoreboards Salas Equipment Trailer Salas Protective Extension (Back Stops) Kofu D.G./Landscape Vinewood Backstop (North East) B.O.B.SJCITY PROJECTS FOR 1999 - 2000 B.O.B.S. B.O.B.S. to do with Electric Utility help Do project Nothing Coordinate with Tokay, B.O.B.S., City (possibly) Remove fabric, sanding, painting Concession Stand (Zupo, Kofu, Salas) B.O.B.S. general clean-up, renovate, paint Salas F.B. Lights (South Side) Help in the contact Salas Trees (Walk Way) DeBenedetti Park (Master Plan Construction) Grape Bowl — Major Renovation Help general community interest, support, (Community Issue/Public Hearings) etc. 01114'99 t CITY DATE Parks aware of project April 1999 Cut out grass around restroom area and April 1999 possibly help hook up electrical Capital Project (City) April 2000 Plans — help give direction March 2000 Contract out — install fence. City to pay Fall 1999 for same Roll -up, walk-in door — Stockton Ports March 1999 money City Utility Department contact — Fall 1999 design/plans/coordinate City to install at Salas April 1999 Master Plan/Install one diamond 2000 Coordinate/provide plans of area, etc. 2000 BOOSTERS OF BOYSJGIRLS SPORTS ORGANIZATION 125 N. STOCKTON ST t LO01. CA 95240 CAPITAL IMPROVEMENT PROJECTS f CITYOF LODI PARTNERSHIP ' 1. Tony Zupo Field Batting Cages — Coordinated by the B.O.B.S., the project entailed raising 54,500 plus materials for the construction of a batting cage facility. Dave Comer and Al Smatsky, both City employees constricted the project, during of -duty hours. The project was completed in time for the I annual Babe Ruth Regional Championships. 2. Sales Park Constn�ction — The 8.0.8.8. contributed over 5100,000 in volunteer labor, materials, and „n1 equipment to the development of Salas Park The Park, located in south Lodi, was developed as a (vµ"J direct result of the B.O.B.S. concern for overcrowding at existing playing fields in Lodi. 3. Kofu Park Lighting - The B.O.B.S. in conjunction with the City of Lodi, contributed over $75,000 for A71 � the installation of park lighting at Kofu Park. The project enabled the use of two baseball diamonds and a soccer field in the evenings and into the night hours. Volunteers purchased and installed fixtures, erected the poles and worked with the City's Electric Utility Department to complete the original project and recently assisted in fighting renovations. 4�,„ 4. Lawrence School Irrigation System - The B.O.B.S. purchased and installed equipment for an �/j (% irrigation system at Lawrence Elementary School with the assistance of the Parks and Recreation ' Department The system now covers ten acres of ground, which irrigates three baseballisoftball fields and sic small soccer fields in the fall months. ($7,500) 5. Kofu Park and Sales Park Irrigation Systems - The B.O.B.S. were instrumental in assisting with the installation of infield irrigation systems at both Kofu and Salas Park baseball diamonds. ($3,000) 6. Football Stadium Press Box - When 4 was time to build and install a new press box in the City's football stadium, the B.O.B.S. organization came forward with dollars in hand and assistance in construction activities. It was this organization that helped the 'Press Box Committee' to secure other community sponsorships and individuals to donate money toward the project ($1,000) I; 7. High School Scoreboard at Lodi High School boasts a new basketbalWolleyball scoreboard in their gym as a result of the B.O.B.S. effort to bring together funding for the project in the mid -seventies. It was the B.O.B.S., high school and Pepsi-Cola that made 4 happen. S. All Baseball Parks - B.O.B.S. have donated scoreboards, field Penang, backstops, and/or bleachers 50 in nearly every park, which has a basebaNsoftbaA diamond. (:50-75,000) / 9. Foolbal Stadium Sooreboard - Onceage' in, the B.O.S.S. pulled through with a new scoreboard b grace the local football stadium in cooperation with the school district and Pepsi-Cola Bottling '(company. ($15,000) 10. Bleacher Extension at Kofu Park - Installed an additional 250 seats at the local hardball facility. 03�� (s35•000) 11. Landscaping at Kofu Park - Fall of 1998, the B.O.B.S. will assist with landscaping in the bleacher area and dugout area to enhance the park and play area. ($3,500) 12. Scoreboard Installation at Salas Park - In 1998!39, four muftkm scoreboards at this facility. Project )1 will be completed with community sponsors. ($20,000) `q 13. Equipment Trailer at Salas Park - Provided an equipment storage unit for football and general equipment storage needs. ($5,000) • ��l $i