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CC Resolution 10663 RESOLUTION NO. 10663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING EXECUTION OF A CONCESSION AGREEMENT WITH SOUTH BAY FOOTBALL PROVIDING FOR THEIR USE OF CONCESSION FACILITIES AT THE COMMUNITY CENTER TO SELL REFRESHMENTS AS AUTHORIZED BY THE AGREEMENT AND LOCAL HEALTH DEPARTMENT CODES. WHEREAS, A Concession Agreement has been submitted to the City Council of the City of Campbell for license to sell and dispense certain food and beverages from the Concession Stand at the Community Center; and WHEREAS, the City Council has the authority to approve such agreements; NOW, THEREFORE, BE IT RESOLVED by the City Council that the Recreation and Community Services Director is hereby authorized to execute the said agreement on behalf of said City. PASSED AND ADOPTED this 18th day of July, 2006, by the following roll call vote: AYES: Councilmembers: Kennedy, Hernandez, Burr, Furtado, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ~Jr-v----.- Jefunette Watson, Mayor A~ Anne Bybee, City Clerk CITY OF CAMPBELL CONCESSION AGREEMENT AND CONDITIONS OF USE The Concession Stand at the Campbell Community Center is owned and maintained by the City of Campbell. It is available to outside groups according to the rules, conditions, and guidelines set forth in this document. As the facility is available to various co-sponsored groups who may operate during the same season, this agreement and any/all use(s) shall not be deemed as an exclusive contract for sole use and operation of the Concession Stand. Access to the facility will be carefully scheduled and courteously shared. This agreement shall authorize SOUTH BAY FOOTBALL to use and operate the Concession Stand at the Campbell Community Center for the purpose of selling refreshments, in accordance with this agreement, on Saturday. Julv 23rd. 2006 in conjunction with their Football Event being held on the Athletic Fields. This agreement shall be in force in accordance with the term of the group's Facility Use Permit and is good for one day only. Access to the Concession Stand Access to the Concession Stand shall be limited to the time the group is scheduled to use the Concession Stand and/or the Stadium or athletic fields. If/when it is necessary to access the Concession Stand at any other time, access must be approved, in advance, by the Community Center Supervisor. If/when a delivery is scheduled, the group ordering the delivery of supplies must notify the Community Center Supervisor of the impending delivery, and a group representative must be there to accept the delivery. City staff is not responsible and will not accept deliveries on behalf of co- sponsored groups or other organizations. Groups will not be issued keys; the facility will be opened and secured by Community Center staff in accordance with the scheduled time of use. Use Fees Groups holding a permit for use of the Concession Stand shall pay a fee of $25/day for each day of use/access. This fee is to cover utilities and staff costs for reserving the facility and supervising the use and cleanliness of the facility. Liability The City of Campbell accepts no responsibility for: a. The food or service provided by those operating the Concession Stand; b. The loss or damage of equipment, supplies, or personal property of those organizations or individuals using or operating the Concession Stand; c. The cleanliness of the Concession Stand. CONCESSION STAND CONDITIONS OF USE PAGE 2 Conditions of Concession Stand Use Groups must recognize that they do not have exclusive use of the Concession Stand. They have the privilege of using it during the dates and times reserved. This privilege can be revoked at any time if group does not abide by the standards and conditions of use. Users shall take special care in their use of the Concession Stand that they leave it cleaner and in better shape than they found it. To assist groups in maintaining the Concession Stand at an acceptable level the following guidelines have been established and must be maintained if groups wish to continue having the privilege of using the Concession Stand: 1. At all times, all activities, storage, food preparation and foods sold must be in strict compliance with the rules and regulations set forth and enforced by the Santa Clara County Health Department's Codes for Temporary Concessions. 2. The Concession Stand is to be used for food concession activities only. Any other uses must be approved, in advance, by the Community Center Supervisor. Activities that may conflict with food service operations and health and safety codes will not be allowed. 3. Only food items, equipment and supplies associated with food service shall be stored in the Concession Stand. Storage of any hazardous or combustible materials (gasoline, propane, charcoal briquettes, fuels, helium, matches, etc.) is not allowed. 4. One-time users must provide their own cleaning supplies (brooms, mops, bucket, etc.). In accordance with health standards, mops may only be dampened and cleaned in the Janitor Closet's floor sink - never in the Concession'Stand. 5. Groups are granted temporary use only and must remove all their supplies and equipment from the Concession Stand after each use. Appliances in the Concession Stand do not belong to the City and temporary users are not allowed to make use of them, unless prior approval has been obtained from the owner. If any equipment is damaged or shall fall in disrepair while in use by an organization other than the owner, the user shall contact the owner immediately to report such damage and conditions of disrepair. Groups are expected to courteously take responsibility for their actions that may have caused condition of disrepair and take appropriate action (i.e.: repair or replace). 6. All appliances and equipment must be unplugged when not in use. 7. If/when a County Health Department permit is required for the activities to be conducted out of the Concession Stand, vou are responsible for obtaining the required permit and displaying it as mandated by the Santa Clara County Office of Environmental Health. 8. Groups using the Concession Stand are responsible to monitor the littering of the Stadium and field areas that their group is using and are required to pick up all litter and debris resulting from their group's use of the fields and Concession Stand. CONCESSION STAND CONDITIONS OF USE PAGE 3 Maintenance of the Concession Stand The City of Campbell shall maintain the physical building, its roof, doors, locks, and utilities. Those using the Concession Stand are expected to promptly report any damage, vandalism, or graffiti to the building by contacting the City's Community Center Supervisor at (408) 866-2741 or, if a serious condition, the Building Maintenance Supervisor at (408) 866-2195, or, if an emergency condition, Campbell Police Department at (408) 866-2101. When contacting PD be prepared to identify yourself and provide a detailed description of the type of damage and emergency repairs necessary. Concession Stand users are responsible to maintain the interior of the building. All counters shall be cleared of all supplies and equipment and damp wiped clean with a disinfectant cleaner. The floors shall be cleared of all supplies and equipment and shall be swept thoroughly and damp mopped when necessary. All garbage, trash, and perishables shall be removed from the Concession Stand and disposed of in the proper containers provided. Small appliances (i.e.: microwave ovens, hot dog warmers, coffee makers, etc.) shall be turned off and unpluqqed at the end of each day's use. Your personal supplies and small appliances shall be removed from the building at the end of your use. As noted above, the City of Campbell accepts no responsibility for your personal or organization-owned items or equipment left in the Concession Stand. If at any time it is determined that a group is not properly cleaning up after their uses, the City may impose an additional fee to cover the cost of professional cleaning by the City's contracted janitorial service provider. This fee will be equal to the fee charged by the contractor, plus 15%. Security of the Concession Stand Upon completion of use of the Concession Stand, each user group or individual who uses the Concession Stand is/are responsible to leave it in a secure state. You should be absolutely sure that the appliances are unplugged and put away, cabinets are locked, all trash has been removed, counters, sinks and floor are clean, and both the exterior doors, as well as the Janitor's Closet at the north side of the building, are closed and securely locked. Any unauthorized use, blatant disregard for these Conditions of Use, or inability to abide by these conditions after receiving two written warnings, may result in loss of privilege of use for one full calendar year. It is the responsibility of the organization representative who signs below to advise all his/her organization representatives and Concession Stand operators of these Conditions of Use. City staff will monitor and enforce the terms of this agreement. CONCESSION STAND CONDITIONS OF USE PAGE 4 On behalf of below-listed organization, I hereby state that I understand the above Conditions of Use and agree, on behalf of my organization, to abide by these conditions or risk loss of Concession Stand privileges. I further certify that I am authorized to bind my organization to this agreement. Signature President Title South Bav Football Organization Date 4626 Royal Grove Ct. Mailing Address (408) 375-8804 Daytime Phone San Jose. CA 95136 City, State, Zip (408) Evening Phone E-Mail Address (408) Emergency/Cell Phone Concession Agreement approved by City Council, and executed by the Director of Recreation and Community Services, as witnessed by the signature below: Claudia Cauthorn Date LRK: REPORTS\ConcessionAgrmnt4SoBayFootball 7.06