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HomeMy WebLinkAboutRudy's La Costa Corp. dba Rudy's Taco Shop; 2015-06-26;AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RUDY'S LA COSTA CORP. DBA RUDY'S TACO SHOP FOR COMMERCIAL FOOD SERVICES AT TGIF CONCERTS IN THE PARKS 1.0 PARTIES THIS AGREEMENT ("AGREEMENT"), dated JLuafi-.2jLp,2£)\'^ ("Effective Date") is made and entered into between the CITY of Carlsbad, a California Municipal Corporation, hereinafter referred to as the "CITY" and Rudy's La Costa Corp dba Rudy's Taco Shop, hereinafter referred to as the "VENDOR." 2,0 RECITALS WHEREAS, the CITY is the presenter ofthe TGIF Concerts in the Parks program and holds fee title to portions of real property on which the concerts are performed; and WHEREAS, the CITY provides TGIF Concerts in the Parks, a special event series, and all related activities and services to MORE THAN 36,000 patrons annually; and WHEREAS, the site of TGIF Concerts in the Parks includes approximately 1,000 square feet of space (the "Premises") located adjacent to patrons attending the events and the CITY exercises control over the same Premises designed to be utilized for purposes compatible with, and supportive of, the mission of special events offered forthe enjoyment ofthe public; and WHEREAS, subject to certain terms and conditions, the CITY desires to allow the use ofthe Premises by VENDOR for the sale of food items and beverages during TGIF Concerts in the Parks events. NOW, THEREFORE, for good and valuable consideration, the CITY and VENDOR enter into this AGREEMENT for use of the Premises subject to the following terms and conditions. 3.0 TERMS 3.1 Authorization for Use. Subject to the terms and conditions set forth below, CITY authorizes VENDOR non-exclusive use ofthe Premises during hours of operation, as defined in Section 3.3 below. A Scope of Work is attached hereto as Exhibit A and incorporated herein by this reference. 3.2. Term. The term of this AGREEMENT shall be from the beginning ofthe TGIF Concerts in the Parks 2015 season on June 26, 2015 and ending on August 21, 2015. The parties may renew this AGREEMENT by mutual consent and in writing for one (1) additional TGIF Concerts in the Parks concert season, as that date may be defined (i.e. 2016 season), by giving written notice of such renewal to the other party no sooner than one hundred eighty (180) days following the end date of the current AGREEMENT, requesting an additional season term period. 3.3 Hours of Operation. The CITY shall allow the VENDOR use of the Premises for a period of five (5) hours, from 4:00 p.m. until 9:00 p.m., on the dates of 2015 TGIF Concerts in the Parks events. These dates are the nine (9) consecutive Fridays from June 26, 2015 through August 21, 2015. The VENDOR shall remove all related equipment, materials and vehicles belonging to VENDOR by 9:00 p.m. on these dates. The TGIF Concerts Schedule is attached hereto as Exhibit B and incorporated herein. 4.0 AGREEMENT CONSIDERATION VENDOR shall report each concert date's gross sales to the TGIF IVIanager at the close of operations at each concert. VENDOR shall pay the CITY a fee in the amount of ten percent (10%) of gross sales receipts. Payments shall be made in accordance with the following payment schedule: Payment #1: July 17, 2015 for Concerts 1 through 3; Payment #2: August 7, 2015 for Concerts 4 through 6; Payment #3: August 28, 2015 for Concerts 7 through 9. 5.0 OBLIGATIONS 5.1 Obligations of the CITY S.l.lThe CITY shall maintain the Premises, including grounds and access ways on the Premises to the VENDOR'S site of operation. 5.1.2 The CITY shall provide access to the onsite trash receptacles and recycle receptacles. The CITY shall provide removal service of trash and recycle materials. 5.2 Obligations of the VENDOR 5.2.1The VENDOR shall provide mobile food services to the general public as submitted in its proposal of food and beverage menu and prices for the 2015 TGIF Concerts in the Parks. A copy of the menu and prices is attached hereto as Exhibit C and incorporated herein. 5.2.2 VENDOR agrees to maintain the hours as set forth in Section 3.3. that best serve the community at TGIF Concerts in the Parks events during the period of use ofthe Premises set forth in this AGREEIVIENT. 5.2.3 VENDOR shall provide CITY with a copy ofthe Articles of Incorporation if vendor is a corporation, or any other document deemed by CITY to be valid proof the signatory(s) ofthe AGREEIVIENT have the legal authority to contractually bind VENDOR. 6.0 COMPLIANCE VENDOR shall comply with all federal, state, county and local laws, statues, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies in any manner affecting performances of activities conducted on the Premises. VENDOR shall display in a prominent location of his/her food truck or booth all required permits and licenses. 7.0 ASSIGNMENT OF AGREEMENT/NON-POSSESSORY INTEREST 7.1 Assignment of AGREEMENT. VENDOR shall not assign this AGREEMENT or any part thereof without the prior written consent of the CITY. 7.2 Non-Possessory Interest. VENDOR shall have no permanent or possessory interest in the Premises based upon this AGREEMENT. 8.0 ASSUMPTION OF RISKS VENDOR assumes all loss or damage to VENDOR'S property within the Premises, except damage or loss through the sole negligence or intentional misconduct ofthe CITY. The CITY shall not be liable to VENDOR, or those claiming through the CITY, for injury, death, or property damage occurring at the Premises and arising out ofthe conduct of VENDOR. 9.0 INDEMNIFICATION VENDOR agrees to indemnify, defend, and hold the CITY and CITY's elected officials, officers, employees and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and costs, including all costs of arising out of, or in any manner connected directly or indirectly with any actions or omissions or operations of VENDOR or the VENDOR'S agents, employees, contractors, officials, officers, patrons, invitees or representatives on the Premises. With respect to the indemnity and hold harmless provisions of this section, VENDOR shall, upon demand and at its own expense, defend the CITY and its officials, officers, employees and agents, with legal counsel acceptable to the CITY, from and against any and all claims, demands, causes of action, losses, damages, and costs. 10.0 INSURANCE 10.1 VENDOR shall obtain, and during the term of this AGREEMENT shall maintain policies of general liability and property damage insurance (for structure and contents) from an insurance company authorized to do business in the State of California, in an amount not less than one million dollars ($1,000,000), for each occurrence in a form satisfactory to the CITY's Risk Manager. The insurance policy shall provide that the policies shall not be cancelled, terminated, or allowed to expire without thirty (30) day prior written notice to the CITY from the insurance company. VENDOR shall provide certificate of insurance and additional insured endorsement for insurance required pursuant to this section to the satisfaction of the CITY no later than the Effective Date of this AGREEMENT. The CITY shall be named as additionally insured by endorsement on these policies and provided proof of insurance by way of a certificate of insurance with additional insurance endorsement. 10.2 VENDOR shall procure a policy of Worker's Compensation Insurance as required by Labor Code of the State of California, if VENDOR has employees. If VENDOR has no employees. Vendor shall submit the appropriate waiver form from the CITY. 11.0 TERMINATION 11.1 If VENDOR is in default in the performance of this AGREEMENT or materially breaches any of its provisions, the CITY at its sole option may terminate this AGREEMENT by giving written notice to VENDOR. On receipt of said notice, VENDOR shall cease immediately all sale operations taking place on the Premises under the Terms of this AGREEMENT. 11.2 If the CITY defaults in the performance ofthe AGREEMENT, or materially breaches any of its provisions, VENDOR at its sole option may terminate this AGREEMENT by giving written notice to the CITY. 11.3 Either party may terminate this AGREEMENT, for convenience, without cause, upon sixty (60) days prior written notice to the other party. 12.0 ENTIRE AGREEMENT This writing constitutes the entire AGREEMENT between the parties relating to the terms and conditions hereunder. No modification of this AGREEMENT shall be effective unless and until such modification is evidenced in writing and signed by all parties. 13.0 GOVERNING LAW: VENUE The existence, validity, construction, operation and effect of this AGREEMENT shall be determined in accordance with laws ofthe State of California. Venue shall be established in the County of San Diego in the event of a dispute between parties. 14.0 NOTICES Notices and requests to CITY or VENDOR shall be delivered at the following address served upon CITY or VENDOR or any person hereafter authorized to either in writing and may be delivered personally or by U.S. Postal Service or other delivery services. CITY: Cultural Arts Manager City of Carisbad 1200 Carlsbad Village Drive Carlsbad CA 92008 CITY Contact: Vincent Kitch Phone: 760-434-2920 FAX: 760-730-0329 Email: Vincent.Kitch(a)ca rlsbadca.gov VENDOR: Rudy's La Costa Corp. dba Rudy's Taco Shop 7662 El Camino Real #102 Carlsbad, CA 92009 VENDOR Owner: David Grimes, President 15.0 AUTHORITY The individual on his/her own behalf or the representative for each party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other party or parties hereto harmless if it is later determined that such authority does not exist. VENDOR: Rudy's La Costa Corp. dba Rudy's Taco Shop CITY: VendofVStgnature Date Name printed: David Grimes Address: 7662 El Camino Real #102 Carlsbad, CA 92009 Email: davegfishy@yahoo.com Phone: (c): 858-922-3355 , pi gASg SgE Library & Cultural Arts Director Date HEATHER PIZZUTO City of Carisbad, 1200 Carisbad Village Dr. Carlsbad CA 92008 Email: heather.pizzuto@carisbadca.gov Phone (w) 760-602-2011 Fax: NA f((^yARy^TTACHMENn^y 760-602-7941 Cell: N/A Vendor's signature Approved as to Form: Date ATTEST: CELIA A. BREWER, City Attorney BARBARA' City Clerk 5/^.Assistartt City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Call County of On V^K-Wg. Date personally appeared before me ) Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactcr/ evidence to be the person(s) whose name(s) is/ajfe subscribed to the within instrument and acl<nowledged to me that he/s^%fey executed the same in his/h«(5!t^Bfrauthorized capacity (ies), and that by his/h^iJa^^feir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OFHCIAL SEAL STEPHANIE DEL ROSARIO NOTARY PUBLIC-CALIFORNIA g COMM. NO. 2088334 S SAN DIEGO COUNTY MY COMM. EXP. NOV 2. 2018 WITNESS crfv hanid and official seal. Signature A..C)U Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment af this form to an unintended document Description of Attached Document Title or Type of Document:-Afiy<:gt».a<..\ -^<- Cn*^ Number of Pages; . &gner(s) Other Than Capacityfies) Claimed by Signerts) Signer's Name: ^^^j;;fe^DaXe: Ct{>\^\^ Named Above: Signer's Name: Corporate Officer — Titie(s); " Partner — 7 Limited General individual '". Attorney in Fact :. Trustee Guardian or Conservator • Other: Signer Is Representing: Corporate Officer — Title(s): Partner — ; Limited " General Individual _ Attorney in Fact r Trustee l Guardian or Conservator " • Other; Signer Is Representing: . ©2014 National Notary Association • www NationalNotary.Qrg • 1 -800-US NOTARY (1-800-876-6827) Item. #5907 EXHIBIT "A" SCOPE OF SERVICES TGIF FOOD VENDOR SCOPE OF WORK CITY shall provide food service access restricted to selected food vendors at nine TGIF Concerts in the Parks 2015 (TGIF) for the purpose of providing concertgoers with onsite commercial food service; dates of services are as presented in Exhibit B, TGIF Concerts in the Parks Schedule. Rudy's La Costa Corp. d/b/a Rudy's Taco Shop VENDOR, shall conduct a commercial food service business at all nine TGIF Concerts in the Parks as presented in Exhibit B. Food service will consist of a menu of items and prices as negofiated with the CITY and presented in Exhibit C, Menu & Price List. Vendor shall operate for all nine Friday evening TGIF concert dates from June 26 through August 21, 2015 at each concert's specific locafion. VENDOR shall use the site specifically designated for VENDOR at each concert location. VENDOR shall operate the commercial food service business from a self-contained truck, trailer, cart or mobile booth provided by the VENDOR. VENDOR is responsible for all food service staffing needs to support sales and distribufion. VENDOR is responsible for all operational costs, including, but not limited to, inventory costs, sale/delivery of products, labor, paper products, cleaning supplies, permits and additional miscellaneous expenses. VENDOR shall have self-sufficient means of power and water adequate to any on-site food preparation requirements. VENDOR shall not dispose of any grease, oil or other materials related to food service on any city property. The CITY shall allow the VENDOR use of the Premises for a period of five (5) hours, from 4:00 p.m. unfil 9:00 p.m., on the dates ofthe 2015 TGIF Concerts in the Parks events. VENDOR shall begin sales operations no later than 5:30 p.m. and will cease service at 8:00 p.m. VENDOR shall vacate concert premises by 9:00 p.m. VENDOR shall maintain and conduct all requirements with regard to all taxes, licenses, insurance and fees applicable for food service operations in the City of Carisbad. VENDOR shall obtain and display all health permits and certificafions applicable to food service operations as required by the San Diego County Department of Environmental Health. VENDOR shall adhere to all additional regulafions regarding mobile food service operations required by the San Diego County Department of Environmental Health. CITY shall provide VENDOR with trash and recycling receptacles and services during each TGIF event. EXHIBIT B TGIF CONCERTS IN THE PARKS 2015 STAGECOACH PARK 3420 Camino de los Coches, Carisbad, CA 92009 June 26 July 3 ALGA NORTE PARK 6565 Alicante Road, Carisbad CA 92009 July 10 July 17 POINSETTIA PARK 6600 Hidden Valley Road, Carlsbad, CA 92011 July 24 July 31 August 7 CALAVERA HILLS PARK 2997 Glasgow Drive, Carisbad, CA 92010 August 14 August 21 EXHIBIT C MENU AND PRICES. RUDY'S LA COSTA CORP d/b/a RUDY'S TACO SHOP Street Tacos (various meats) $2 Cheese Quesadillas $5 Quesadilla with any meat $8 Bean and Cheese Burritos $5 Burrito with any meat choice $8 Complimentary salsa bar with purchase