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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: May 22, 2001

Subject/Title: Authorize the City Manager to enter into a contract with Robert Taylor to provide concession services at the City of Brentwood Family Aquatic Complex

Submitted by: Ken DeSilva, Park Services Manager
Craig Bronzan, Director of Parks & Recreation

Approved by: Jon Elam, City Manager


RECOMMENDATION
Approve the City Manager to enter into a contract with Robert Taylor to provide concession services at the City of Brentwood Family Aquatic Complex.

PREVIOUS ACTION
On April 26, 2001, the Parks & Recreation Commission accepted a recommendation for Parks & Recreation Dept. staff to negotiate with Mr. Robert Taylor to offer food services at the City of Brentwood Family Aquatic Complex. 

BACKGROUND

On March 28, 2001, the City of Brentwood Parks and Recreation Dept. sent out a request for proposal for concession services at Sunset Sports Complex and the City of Brentwood Family Aquatic Complex. The request for proposal was sent to nine vendors. Mr. Robert Taylor is the only concessionaire that responded. Mr. Taylor’s proposal is to provide concessionaire service at the City of Brentwood Family Aquatic Complex only. On April 26, Parks & Recreation Dept. staff re-issued the request for proposal to the remaining vendors in an effort to obtain a proposal for concession services at Sunset Sports Complex. Proposals are due to the City Clerk by 
May 18, 2001.

Concession services at the Family Aquatic Complex are intended to be a short-term measure until the commercial pads are operational. As a result, staff is requesting approval to move forward with an agreement to provide an additional source of revenue for the Family Aquatic Complex.


Attachment:
Contract

CONTRACT FOR CONCESSIONAIRE SERVICES

THIS AGREEMENT is made and entered into this 14th day of May, 2001 by and between the CITY OF BRENTWOOD, a municipal corporation (hereinafter referred to as the “City”), and Robert Taylor whose address is 753 Sienna Lane, Brentwood and telephone number is (925) 634-9539 (hereinafter referred to as the “Concessionaire”).

WITNESSETH:

A. Concessionaire is qualified to provide, and experienced in providing, concessionaire services and has offered his services for the purposes specified in this Agreement.

B. In the judgment of the City, it is necessary and advisable to employ the services of the Concessionaire for the purposes provided herein.

NOW THEREFORE, in consideration of mutual covenants, agreements and conditions contained herein, City and Concessionaire agree as follows:

1. Concessionaire’s Services. Concessionaire shall provide all work described in Exhibit “A”, “Scope of Work”, attached hereto and incorporated herein by this reference.

2. Terms. Concessionaire shall begin work no later than Saturday, May 26, 2001. Concessionaire shall be allowed to begin work prior to May 26, 2001 if all necessary permits have been obtained and copies submitted to the City. The work as described Exhibit “A” shall be completed by May 26, 2004. On the anniversary date of this signed contract, each year, the specific terms of this contract can be re-negotiated between the City and Concessionaire. 

At a minimum, Concessionaire shall provide service on all Saturdays and Sundays, from Memorial Day weekend through Labor Day weekend during the term of this contract. If Concessionaire wishes to provide service for additional days or hours, Concessionaire shall provide a supplemental proposal to the City.

In addition:

a. No food preparation or storage will be allowed in any designated staff areas.
b. Stock may not be stored on-site.
c. No glass, seeds, shells, gum, taffy or similar items will be allowed.
d. Styrofoam containers are not allowed.
e. No electrical services will be provided by the City for Concessionaire’s use.
f. Restrooms are for Aquatic Complex patrons’ use only; however, concession cart staff may utilize the restrooms.
g. Concessionaire is required to post hours of operation and is to ensure that Concessionaire service is available for the hours posted.
h. Concession stand is to be located in the highlighted area of the Aquatic Complex specified in Exhibit “B”.
i. There are to be no product exclusions.
1. Patrons will be allowed to bring in their own food and beverages.
2. Swim teams or other permitted facility renters are allowed to provide concessions on-site with the proper permits, if applicable.
3. Concessionaire is allowed to provide concession services when other concessionaires are also on site.

3. Rental Terms. Concessionaire will compensate City at a rate of $100 per month . 

Monthly payment must be submitted to the City no later than fifteen (15) days into the following month of services: e.g., a statement sheet for the month of April must be in to the City by the 15th day of May.

4. Changes. City may request, from time to time, changes in the scope of services to be provided by the Concessionaire. Any changes and related fees shall be mutually agreed upon between the City and Concessionaire and shall be subject of a written amendment to this Agreement.

5. Concessionaire’s Status. In performance of the obligations set forth in this Agreement, Concessionaire shall have the status of an independent contractor and Concessionaire shall not be considered to be an employee of the City for any purpose.

6. Termination at Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Concessionaire that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Concessionaire. If the Agreement is so terminated, the Concessionaire shall only compensate the City for the percentage of days worked and in accordance with the compensation described in Section 3 herein at the time the notice of termination is received.

7. Non-Assignability. The Concessionaire shall not assign, sublet, or transfer this Agreement or any interest or obligation therein without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

8. Indemnify and Hold Harmless. Concessionaire shall defend, indemnify, and hold harmless, the City and its’ officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the Concessionaire in the performance of his services under this Agreement, regardless of whether the City has reviewed and/or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the contract as well as during the period of actual performance of services under this Agreement. The City’s acceptance of the insurance certificates required under this Agreement does not relieve the Concessionaire from this obligation under this paragraph.

9. Insurance. During the term of this Agreement, Concessionaire shall maintain in full force and effect at his own cost and expense the following insurance coverages:

a. General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance for not less than $1,000,000.00 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy.

The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance for work performed by Concessionaire, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder.

b. Certificate of Insurance. Concessionaire shall complete and file with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation of activity set forth in this Agreement. Certificates of insurance evidencing the insurance coverage(s) set forth above and which shall provide in writing that no cancellation, major change in coverage, or expiration by the insurance company will be made during the term of this Agreement without thirty (30) days written notice to the City prior to the effective date of such cancellation or change in coverage.

c. Worker’s Compensation Insurance. Worker’s Compensation Insurance for all of the Concessionaire’s employees, all in strict compliance with State laws, and to protect the City from any and all claims thereunder.

10. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

TO CITY: City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

TO CONCESSIONAIRE: Robert Taylor
753 Sienna Lane
Brentwood, CA 94513

11. Conformance of Applicable Laws. Concessionaire shall comply with all applicable Federal, State, and Municipal laws, rules and ordinances. No discrimination shall be made by Concessionaire in the employment of persons to work under this contract because of race, color, national origin, ancestry, sex or religion of such person. Prior to the City’s execution of this Agreement and prior to the Concessionaire’s engaging in any operation or activity set forth in this Agreement, Concessionaire shall keep the business license in full force and effect during the term of this Agreement. Concessionaire must also comply with all Contra Costa County Health Dept. requirements. A copy of the Contra Costa County Health Dept. shall be provided to the City prior to beginning service.


12. Waiver. In the event that either the City or the Concessionaire shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver or any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

13. Attorney’s Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney’s fees expended in connection with such an action.

14. Scope of Agreement. This writing constitutes the entire Agreement between the parties relative to concessionaire services and modification is evidenced by a written amendment signed by both parties to this Agreement.


IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date and year first above written.

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