HomeMy WebLinkAbout06/15/2010, C6 - ADOPTION OF ORDINANCE NO. 1549 (2010 SERIES) ADDING SECTION 1.08.150 TO CHAPTER 1.08 OF THE SAN LUI council M. D'
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CITY OF SAN LUI S OBISPO
FROM: J. Christine Dietrick, City Attorney
SUBJECT: ADOPTION OF ORDINANCE NO. 1549 (2010 Series) ADDING
SECTION 1.08.150 TO CHAPTER 1.08 OF THE SAN LUIS OBISPO
MUNICIPAL CODE REQUIRING THAT CITY TAXES BE PAID
PRIOR TO CLAIMANTS SEEKING JUDICIAL RELIEF
RECOMMENDATION
Adopt Ordinance No. 1549 (2010 Series).
DISCUSSION
On June 1, 2010, the Council voted 4-0 to introduce an ordinance adding Section 1.08.150 to
Chapter 1.08 (General Provisions) of the Municipal Code to clarify the requirement that a City
tax first must be paid before a claimant may file for a refund or for judicial relief. Ordinance No.
1549 is now ready for adoption and will become effective thirty days after the date of its final
passage.
ATTACHMENT
Ordinance No. 1549 (20 10 Series)
&Agenda-Ordinances-ResoWity Tax P,mt Prior to Claim for Refund.CAR.FinalAdopt.dot
ATTACHMENT:
ORDINANCE NO. 1549 (2010 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING SECTION 1.08.150
TO CHAPTER 1.08 OF THE MUNICIPAL CODE TO CLARIFY THE REQUIREMENT
THAT A TAX FIRST MUST BE PAID BEFORE FILING FOR A REFUND OR
JUDICIAL RELIEF
WHEREAS, California Constitution Article XIII, Section 32 requires that a taxpayer
must first pay a tax before seeking a refund or judicial relief, and
WHEREAS, the courts have consistently held that this "pay first, litigate later" rule was
applicable to both the State and local entities; and
WHEREAS, in a recent California Court of Appeal case it was held that Article XIII,
Section 32 applies to the State but not to local entities; and
WHEREAS, adoption of a clear"pay first, litigate later" rule is in the City's best interest.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 1.08.150 is added to Chapter 1.08 to read as follows:
1.08.150 Payment of Taxes prior to refund or judicial relief.
No legal or equitable process shall be issued in any proceeding in any court against the City or
any officer to prevent or enjoin the collection of any tax. After payment of a tax claimed to be
illegal, not due and/or owing, and/or incorrectly calculated, an action may be maintained to
recover the tax paid, provided that prior to any judicial action all administrative remedies shall be
exhausted.
SECTION 2. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty(30) days after its final passage.
01549
Ordinance No. 1549 (20 10 es) ATTACHMENT
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INTRODUCED on the 1" day of June 2010, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2010, on the following
vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
GAAgenda-Ordinances-Resol\City Tax Payment Prior to Claim for Refund.doc
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CITY OF SAN LUIS OBISPO
FROM: Betsy Kiser, Parks and Recreation Director
SUBJECT: AGREEMENT WITH ACHIEVEMENT HOUSE, INC. FOR
CONCESSIONAIRE AT LAGUNA LAKE GOLF COURSE
RECOMMENDATION
1. Accept a donation from Achievement House, Inc for $30,000 in improvements to the
Laguna Lake Golf Course pro-shop;
2. Enter into a 5-year agreement with Achievement House, Inc. to provide a food and beverage
concessionaire at Laguna Lake Golf Course;
3. Authorize the Mayor to execute the agreement.
DISCUSSION
Background
On January 5, 2010, the City Council received the Laguna Lake Golf Course (LLGC) best
practice review, which recommended a number of best practice initiatives to increase revenues at
the golf course. One of the initiatives was to pursue a food and beverage concessionaire through
the request for proposal (RFP) process with the intent to add alcohol sales at Golf Course. Based
on Council directive, on February 18, 2010 an RFP was issued requesting sealed proposals for a
food and beverage concessionaire at the course. Bids were opened on March 12 with one
proposal received from Achievement House, Inc.
Achievement House,Inc.
AHI, Inc. is a 501 (c) 3 non-profit corporation based in San Luis Obispo, California, established
to provide vocational training and residential services to developmentally disabled adults. AHI's
corporate headquarters is located at 496 Linne Road in Paso Robles and has been serving San
Luis Obispo County since 1957. AHI's mission statement is: "To provide vocational
opportunities for individuals with special needs that respect personal choice and diversity and
that reflect individualized goals that support enhanced independence, personal responsibility
and self-esteem. " AHI provides an array of vocational services and programs to assist
individuals in developing appropriate workplace skills and behaviors so as to enhance individual
productivity, independence and community integration. AHI's philosophy is that in order to be
in an effective program, we must work in partnership with the individual and his/her support
network. AHI has effectively demonstrated that individuals with even the most severe limitations
can be gainfully employed, contributing members of their respective communities if appropriate
supports are developed and maintained.
Agreement with Achievement House, Inc.for Concessionaire at LLGC 6.15.10 Page 2
While Achievement House provides a wide range of programs to serve the needs of those with
developmental disabilities, it currently provides successful concessionaire services similar to
those being proposed for LLGC for the City of Atascadero (Orange Dog C66), Vandenberg
Airforce Base (Caf6 Bob) and Camp San Luis Obispo.
Terms of the Agreement
Over the last couple of months, staff from the Parks and Recreation and Finance and Information
Technology (FIT) Departments has met with representatives from Achievement House to
negotiate terms of an agreement to satisfy the needs of both organizations. The agreement
includes the following primary terms:
1. The agreement is for five(5)years to conduct a food and beverage operation at LLGC.
2. The City's obligation is to provide space and some amenities for the service.
3. Achievement House's obligation is to:
a) provide service seven(7) days/week, excluding several holidays, from 7a.m. —7p.m.;
b) make $30,000 in site improvements to bring the facility up to code with the Health
Department, including flooring, installation of four (4) required sinks, exhaust hood,
lighting adjustments, FRP to walls, electrical upgrades, painting and a number of new
appliances
c) attempt to obtain a liquor license to sell beer and wine
d) be responsible for all employees needed to provide the service
4. Rent will be $1,250 plus CPI, with credit given by the City on the front end of the
contract equal to the amount expended for improvements.
Acceptance of Donation of Improvements
Per the City's Donation Policy - Resolution No. 8965 (1999 Series), any donation exceeding
$5,000 in value must be accepted through a written agreement and approved by City Council.
By approving the agreement with Achievement House, the Council accepts ownership of the
$30,000 in improvements to the pro shop to enable it to be used as a food and beverage facility.
CONCURRENCES
FIT staff participated in the negotiations and concurs with the terms of the agreement. Staff
from LLGC, the Building Division, Public Works and Information Technology has been working
with Achievement House on mutually acceptable plans and the process for making
improvements to the pro shop.
FISCAL IMPACT
By entering into this agreement with Achievement House, the LLGC will realize a net increase
in revenues of$25,000 over the five year period of the contract plus $30,000 in improvements.
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Agreement with Achievement House, Inc.for Concessionaire at LLGC 6.15.10 Page 3
Current revenues: Currently LLGC expends $8,400 annually for food and beverages with
revenues of$12,000, for a net gain of approximately $4,000 ($4,000/year x 5 years = $20,000 in
revenues).
Future revenues under agreement: $15,000 per year rent (+ CPI) x 5 years = $75,000 minus
$30,000 credit for improvements= $45,000.
ALTERNATIVES
Release the RFP again. Since the City received only one proposal to the RFP, Council could
direct staff to re-release the RFP to see if it might attract more respondents. This is not
recommended because in 2008, the City released an RFP for a concessionaire at the golf course
and had no responses. Staff attributes this lack of interest to the amount of improvements needed
to bring the kitchen into compliance with the Health Department. Achievement House, Inc., due
to the services it provides to people with developmental disabilities and its funding sources has
the ability and desire to not only improve the facility, but provide a practical food and beverage
service to the LLGC.
ATTACHMENT
Agreement
T:\Council Agenda Reports\Parks&Recreation CAR\Golf Course Concessionaire 2010\CAR-LLGC Concessionaire with Achievement House
6.15.10.doc
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
, 2010 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City,and ACHIEVEMENT HOUSE,INC.,hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on February 18, 2010, City requested proposals for providing food and beverage
service at Laguna Lake Golf Course per Specification No.91002.
WHEREAS, pursuant to said request,,Contractor submitted a proposal that was accepted by City
for said concession operations.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained,the parties hereto agree as follows:
L TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, for five years, from the date all improvements have been completed and
accepted in writing by the City. Contractor has three months from the date this Agreement is made to
complete all improvements necessary to conduct the food and beverage operations or the Agreement will
be terminated. An additional one year extension of this agreement may be made upon mutual agreement by
the City and Contractor.
2. INCORPORATION BY REFERENCE. City Specification No. 91002 (Exhibit A) and
Contractor's revised proposal dated April 23,2010(Exhibit B),and Insurance Requirements(Exhibit D)are
hereby incorporated in and made.a part of this Agreement.
3. CITY'S OBLIGATIONS. The City agrees to provide space-and other amenities for the
proposed food and beverage service, as described in Exhibit C, attached hereto and incorporated into this
Agreement.
4. CONTRACTOR'S OBLIGATIONS.
a. Contractor will provide food and beverage service at Laguna Lake Golf Course seven
days a week, excluding specified holidays. Hours of operation will be from 7:00 a.m. to 7:00 p.m. daily,
adjusting hours for special events and seasonal demands.
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b. Contractor will perform site improvements by a licensed contractor at prevailing wage to
bring the existing kitchen area up to County Health Department standards and be in compliance with State
and City building codes. Cost for this work is estimated at$30,000.
C. Contractor shall attempt to obtain a liquor license to sell beer and wine on the premises,
contingent upon approval by the State Alcohol Beverage Control. Contractor shall maintain liquor liability
insurance for the term the license is in effect(Exhibit D).
d. Contractor shall obtain a license to operate a business within the City limits and maintain
said license for the term of the agreement.
e. Contractor will be responsible for all employees operating the kitchen and handling on-
site sales. Contractor will also be responsible for maintaining a clean and safe environment in the kitchen
and serving area.
f. Contractor will be responsible for all food and beverage inventory on the premises.
Contractor will be given space to store supplies and is responsible for securing all inventory items during
non-operating hours.
5. RENT. Contractor will be charged rent for the space utilized at a cost of$1250/month
once the improvements have been completed. Contractor shall provide City with itemized invoices
documenting the actual costs of improvements to the kitchen area. Subject to approval by the Parks and
Recreation Director, the City shall credit the amount actually expended by Contractor for work to upgrade
the kitchen area against Contractor's rent obligation for a period not to exceed two years, in an amount
equal to the actual costs of improvements, not to exceed $30,000. At the end of two years, or at such
earlier time as the full amount of improvements performed by contractor has been credited against
Contractor's monthly rent obligation, the Contractor will pay a monthly rent to lease the space. Rent will
be increased each subsequent year beginning year four by the current year's Consumer Price Index.
Contractor shall be responsible for paying the monthly rent by the I Od'of each month; if rent is not received
by the 20d'of the month,the Contractor will be charged a late fee of$25/occurrence. If rent has not been
paid within 30 days,the City shall take steps to terminate the agreement.
6. OWNERSHIP OF IMPROVEMENTS. Upon completion of building improvements
by Contractor, all improvements shall become the sole property of the City of San Luis Obispo and shall
remain the sole property of the City of San Luis Obispo upon termination or non-renewal of the
Agreement. If this contract is terminated for convenience by the City before the end of the second year,
City shall reimburse Contractor for a pro-rated amount of the amount actually expended by contractor to
complete the site improvements agreed to herein.
7. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and.shall be effective only upon approval by the City Manager of the City.
8. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between the parties
hereto. No oral agreement, understanding or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect; nor shall any such oral agreement, understanding or
representation be binding upon the parties hereto. In the event that there are conflicts between the terms of
this Agreement and the terns of Contractor's Proposal(incorporated herein as Exhibit B), including but not
limited to duration,compensation and termination,the terms of this Agreement shall prevail.
9. TERMINATION. Either party may terminate the Agreement for convenience provided
that 30 days written notice is given. The Agreement may be terminated by either parry for cause,provided
that written notice has been given in the manner specified herein stating the reasons for the intended
termination and providing the other party at least 10 days to cure any alleged breach. If the party receiving
notice fails or refuses to cure the alleged breach within 10 days,or to make substantial progress toward cure
to the satisfaction of the party demanding cure, this Agreement may be terminated 10 days after receipt of
the notice as specified herein.
10. HOLD HARMLESS AND INDEMNIFICATION. The Contractor agrees to defend,
indemnify,protect and hold the City and its agents, officers and employees harmless from and against
any and all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers that arise from or are connected with
or are caused or claimed to be caused in whole or in part by the acts or omissions of the Contractor,and
its agents, officers or employees, in performing the work or services herein, and all expenses of
investigating and defending against same;provided, however, that the Contractor's duty to indemnify
and hold harmless shall not include any claims or liability arising from the established sole negligence
or willful misconduct of the City,its agents,officers or employees.
10. NOTICE. All written notices to the parties hereto shall be sent, postage prepaid by
registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Achievement House,Inc.
553 Higuera Street
San Luis Obispo,CA 93401
10. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written..
ATTEST: CITY OF SAN LUIS OBISPO
By:
Elaina Cano,City Clerk David F.Romero,Mayor
APPROVED AS TO FORM: CONTRACTOR
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By:
istine Dietrick;City Attorney Achievement House,Inc:
',�P,CH"•.SENT
EXHIBIT
i City Of
�+ San WIS OBISPO
990 Palm Street ® San Luis Obispo,CA 93401
Notice Requesting Proposals for
LAGUNA LAKE GOLF COURSE
FOOD/BEVERAGE CONCESSIONAIRE
The City of San Luis Obispo is requesting sealed proposals for a food and beverage concessionaire at
Laguna Lake Golf Course pursuant to Specification No. 91002. All proposals must be received by the
Finance Department by Friday, March 12, 2010 at 3:00pm when they will be opened publicly in the City
Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal
title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be
submitted using the forms provided in the specification package.
A pre-proposal conference will be held at Laguna Lake Golf Course, 11175 Los Osos Valley Road, San
Luis Obispo on Thursday, March 4, 2010 at 10:00am to answer any questions that the prospective
vendors may have regarding the City's request for proposals.
Specification packages and additional information may be obtained by contacting Linda Fitzgerald,
Recreation Manager at(805) 781-7293 or by email at Lfitzgerald@slocity.org.
® The City of San.Luis Obispo is committed to including disabled persons in all of our services,programs and activities.
Telecommunications Device for the Deaf(805)781-7410. C 7�—
EXHIBIT A
Specification No. 91002
TABLE OF •
A. Description of Work 1
B. General Terms and Conditions 3
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 7
Contract Term
Estimated Quantities
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Unrestrictive Brand Names
Start and Completion of Work
Accuracy of Specifications
D. Agreement 11
E. Insurance Requirements 14
F. Proposal Submittal Forms 16
Proposal Submittal Summary
References
EXHIBIT A
Section A
F. PJ' ifT
DESCRIPTION OF • '
Background:
Laguna Lake Golf Course, owned and operated by the City of San Luis Obispo, is a 10-hole, executive
length course that has been in operation since the mid-1960's. Staff prides itself on a well-maintained
facility and consistently receives positive feedback on the course upkeep and the high level of customer
service provided by City staff. The site is located approximately 100 yards from a public middle school
and is adjacent to a senior mobile home park, condominiums, and private residences. A shopping center
is approximately %mile from the golf course..
The pro shop is the base of operations for the course. Staff manages tee times, food and merchandise
sales, and serves as starter for the course. At one time, the pro shop had a snack bar when the course was
under private management. Since the City took over the course operations in the early 1980's, there has
not been food service options offered other than.simple vending items, such as sodas,pre-packaged food,
candy bars, etc. The proposed area currently serves as the office for the golf course supervisor, supply
storage and work area. Concessionaire,facilities that meet current health department codes are not in
place at the golf course and the successful proposer will be responsible for any upgrades needed to bring
the area up to code if food is to be prepared on site.
Typically, the clientele is mostly seniors during the weekday mornings, youth golf two to three days a
week in the afternoons, and general play for the rest of the day. The course is operated 364 days a year,
closing only on Christmas Day. Approximately 40,000 rounds are played each year at the golf course.
A 2003 report to City Council indicated that there would be a benefit to offering food and beverage
service at the golf course. At the annual budget status report presented to the City Council in May 2008,
staff reviewed the 2003 report and Council encouraged staff to seek a possible food/beverage vendor to
enhance the service provided at the golf course and to assist in bringing in a new revenue source to help
offset operating costs. Staff released a RFP in 2008 but no proposals were received. Subsequently, a
concessionaire came forward and provided food on site for an 8 month period; the vendor bowed out due
for personal reasons.
The City Council received a report on golf course best practices in January 2010. At that meeting, the
Council directed staff to pursue another food and beverage concessionaire and supported alcohol sales to
enhance the operations at the golf course. Comments by the Council included the possibility of a
beverage cart service that could roam the golf course and provide food and beverages to golfers while
they were playing.
Options:
There is flexibility in how the food and beverage service may be offered at the golf course. The
following are suggestions but proposers are not limited to these options:
1. Clubhouse improvements will need to be made if food is prepared on site. The proposer would
be responsible for any improvements needed to bring the facility up to health and safety codes necessary
for safe and sanitary operations for on site preparation and storage.. The cost for the improvements would
be bome by the proposer and must meet State building codes and County Health Department
requirements.
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EXHIBIT A
2. A beverage cart service could be used to provide beverages and pre-packaged food to the golfers
while playing. Carts must be of the type that are designed to be used on a golf course and would not
damage turf:
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A list of suppliers will be available at the pre-proposal meeting. Carts may be available for lease or
purchase; it will be up to the proposer to secure arrangements with the cart vendor.
3. The City would consider a self-contained structure or trailer that could be located near the
clubhouse or could be centrally located on the course. Structures must meet City building codes and
comply with County Health Department regulations. The proposer is responsible for any certificates,
improvements, and permits needed. An example of a self-contained structure is below:
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EXHIBIT
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Criteria for Proposal:
In responding to this request for proposal,the proposer should provide the following:
1. Please provide details on how the service will be provided — site improvements, beverage cart,
self-contained structure, or other alternatives. Provide information on the types of improvements needed,
an approximate cost for the improvements, and square footage needed to operate the service.
2. Please provide a description of how the sale and storage of alcohol will be handled on site.
3. Ability to obtain necessary insurance certificates to cover general liability and liquor liability, if a
license to serve alcohol is planned by the proposer.
4. Ability to meet the qualifications to obtain a license to serve alcohol through Alcohol Beverage
Control.
5. Ability to obtain a business license from the City of San Luis Obispo.
6. Describe the background and experience of the vendor in providing food and beverage services.
Indicate the amount of experience in alcohol sales.
7. Indicate the proposed hours of operation for the food/beverage service.
8. Provide a sample menu of the types of food that will be served and a list of prices.
9. Describe how the food service areas will be maintained and cleaned and a high degree of
customer service attained.
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EXHIBIT A
10. Provide three references with direct knowledge of the proposer's ability to provide the service
being proposed.
11. The City will consider a long-term agreement with the proposer, subject to negotiation of terms
agreeable to both parties. Financial compensation for improvements made on site to comply with health
and safety regulations will be negotiated as a part of the agreement. Proposals should indicate
preliminary terms for the agreement including rent, percentage of gross revenues to be given to the City,
and length of the agreement.
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EXHIBIT
Section B
GENERAL TERMS • s CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet
all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By
virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401.
In order to guard against premature opening, the proposal should be clearly labeled with the
proposal title, specification number, name of proposer, and date and time of proposal opening.
No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
C. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer's insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award.. The City's insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any proposer for any item are not in agreement, the unit price alone will be considered
as representing the proposer's intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the
proposer unopened. No proposal received after the time specified or at any place other than that
stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and
declared publicly. Proposers or their representatives are invited to be present at the opening of
the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity that has submitted a sub-
proposal to a proposer submitting a proposal, or who has quoted prices on materials to such
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other proposers submitting proposals.
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EXHIBIT A
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7. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will
be permitted. However,any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
9. Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposers. Proposers will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
10. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
11. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
12. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling(805) 781-7134.
CONTRACT PERFORMANCE
13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances,regulations and adopted codes during its performance of the work.
15. Permits and Licenses. The Contractor shall procure all permits and licenses,pay all charges and
fees, and give all notices necessary.
16. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
fumish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
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EXHIBIT
devices and take such other protective measures as are necessary to prevent accidents or damage
or injury to the public and employees.
18. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor's operations, it shall be replaced or restored at the
Contractor's expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
19. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
20. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation,or religion of such persons.
21. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at the time of acceptance of the work,
waive liquidated damages that may have accrued for failure to complete on time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
22. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
23. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor
24. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest shall be employed.
The Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent contractor and
not an agent or employee of the City.
25. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify,protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
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EXHIBIT_ A
including injury to the Contractor's employees, agents or officers that arise from or are
connected with or are caused or claimed to be caused in whole or in part by the acts or
.omissions of the Contractor, and its agents, officers or employees, in performing the work or
services herein, and all expenses of investigating and defending against same, provided,
however, that the Contractor's duty to indemnify and hold harmless shall not include any
claims or liability arising from the established sole negligence or willful misconduct of the City,
its agents, officers or employees.
26. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
27. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter,neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any
and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be
extinguished,reduced,or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor shall be based solely on the City's assessment of the value of the
work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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Section C
SPECIAL TERMS AND CONDITIONS
1. Contract Term. The services identified in these specifications will be used by the City between
March 2010 and a time to be determined between the City and Proposer. The quote for these
services must be valid for the entire period indicated above unless otherwise conditioned by the
bidder in its proposal.
2. Contract Extension, The term of the contract may be extended by mutual consent for an
additional three years, provided the contractor has performed to the City's satisfaction and in
accordance with the contract: During this extended period, unit prices may not be increased by
more than the percentage change in the US consumer price index for All Urban Consumers(CPI-
U), from July to June.
3. Start and Completion of Work. Improvement work associated with this contract shall begin
within 30 calendar days after contract execution and shall be completed within 180 calendar days
thereafter.
4. Submittal of References. Each proposer shall submit a statement of qualifications and
references on the form provided in the RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement.regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
6. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
C. References from at least three firms for whom you have provided similar services.
Qualifications
d. Please provide details on how the service will be provided—site improvements,beverage
cart, self-contained structure, or other alternatives. Provide information on the types of
improvements needed, an approximate cost for the improvements, and square footage needed to
operate the service.
e. Description of how the sale and storage of alcohol will be handled on site.
f. Ability to obtain necessary insurance certificates to cover general liability and liquor
liability, if a license to serve alcohol is planned by the proposer.
g. Ability to meet the qualifications to obtain a license to serve alcohol through Alcohol
Beverage Control, if proposed.
h. Ability to obtain a business license from the City of San Luis Obispo.
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i. Describe the background and experience of the vendor in providing food and beverage
services. Indicate the amount of experience with alcohol sales.
j. Indicate the proposed hours of operation for the food/beverage service.
k. Provide a sample menu of the types of food that will be served and a list of prices.
1. Describe how the food service areas will be maintained and cleaned and a high degree of
customer service attained.
M. Provide three references with direct knowledge of the proposer's ability to provide the
service being proposed.
n. Describe the experience of your firm in performing similar services.
o. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
P. The City will consider a long-term agreement with the proposer, subject to negotiation of
terms agreeable to both parties. Financial compensation for improvements made on site to
comply with health and safety regulations will be negotiated as a part of the agreement.
Proposals should indicate preliminary terms for the agreement including rent,percentage of gross
revenues to be given to the City,and length of the agreement.
Proposal Length and Copies
q. Proposals should not exceed [20] pages, including attachments and supplemental
materials.
r. Three copies of the proposal must be submitted.
7. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based
on the following criteria:
a. Understanding of the work required by the City.
b. Quality,clarity and responsiveness of the proposal.
C. Demonstrated competence and qualifications necessary for successfully performing the
work required by the City.
d. Recent experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References.
g. Background and related experience of the specific individuals to be assigned to this
project.
h. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City. After evaluating the proposals and
discussing them further with the finalists or the tentatively selected contractor, the City reserves
the right to further negotiate the proposed work and/or method and amount of compensation.
8. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
(2,7-
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EXHIBIT
a. Issue RFP 2/18
b. Conduct pre-proposal conference 3/4
C. Receive proposals 3/12
d. Complete proposal evaluation 3/16
e. Conduct finalist interviews 3/19
f. Finalize staff recommendation 3/24
g. Award contract 4/6
h. Execute contract 4/15
i. Start work 5/3
9. Pre-Proposal Conference. A pre-proposal conference will be held at the following location,
date, and time to answer any questions that prospective proposers may have regarding this RFP:
Thursday, March 4,2010— 10:OOam
Laguna Lake Golf Course
11175 Los Osos Valley Road, San Luis Obispo,CA 93405
10. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the
alternatives, and discuss under what circumstances the City would prefer one alternative to the
other(s). If an alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
11. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Proposers
are cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the proposer and all subcontractors named in its proposal
shall bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the specifications that could easily have been ascertained by examining either the
project site or accurate test data in the City's possession. Although the effect of ambiguities or
defects in the d specifications will be as determined by law, any patent ambiguity or defect shall
give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect
shall be considered patent if it is of such a nature that the proposer, assuming reasonable skill,
ability and diligence on its part, knew or should have known of the existence of the ambiguity or
defect. Furthermore, failure of the proposer or subcontractors to notify City in writing of
specification or plan defects or ambiguities prior to proposal submittal shall waive any right to
assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful proposer to achieve the project's objective or standard
beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor
shall immediately notify the City in writing, and the Contractor and all subcontractors shall
continue to perform, irrespective of whether or not the ambiguity or defect is major, material,
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EXHIBIT-A
minor or trivial, and irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore described written
notice within one (1) working day of contractor's becoming aware of the facts giving rise to the
dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity
in the plans or specifications concerning the dispute.
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Section D. -------____
FORM
v . AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on 2010
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
,hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on February 18, 2010, City requested proposals for providing food and beverage service at
Laguna Lake Golf Course per Specification.No. 91002.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
concession operations.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
I. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,
as first written above, for years, once all improvements have been completed. Contractor has months
from the date this Agreement is made to complete all'improvements necessary to conduct the food and beverage
operations or the Agreement will be terminated. An additional year extension of this agreement may be
made upon mutual agreement by the City and Contractor.
2. INCORPORATION BY REFERENCE. City Specification No. 91002 and Contractor's
proposal dated are hereby incorporated in and made a part of this
Agreement.
3. CITY'S OBLIGATIONS. The City agrees.to provide space and other amenities for the proposed
food and beverage service,as described in Exhibit[ ]attached hereto and incorporated into this Agreement.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide food and
beverage service,as described in Exhibit[ ]attached hereto and incorporated into this Agreement.
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EXHIBIT_—A_
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the CAO of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto.
7. TERMINATION. Either party may terminate the Agreement provided that 60 days written
notice is given.
8. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Name
Address
9. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
each individual executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
ATTEST: CITY OF SAN LUIS OBISPO
By:
City Clerk City Manager
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
c�-a3
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t � ExHisir
Section E
INSURANCE REQUIREMENTS
Operation & Maintenance Contracts
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Contractor, its agents,representatives,employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Liquor Liability Insurance(if liquor service is proposed).
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be.twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Liquor Liability Insurance: $2,000,000 per occurrence (if liquor service is proposed).
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. The City may review options with the contractor, which may include
reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain,the following provisions:
1. The City, its officers, officials, employees; agents and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned, occupied or
used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its
officers,official, employees, agents or volunteers.
2. For any claims related to this contract, the Contractor's insurance coverage shall apply first and
on a primary basis as respects the City, its officers, officials, employees, agents and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents
or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought,except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days'prior written notice by mail,has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than ANII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
required coverage. Original endorsements effecting general liability and automobile liability coverage are
also required by this clause. The endorsements are to be signed by a person authorized by that insurer to
bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall famish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
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EXHIBIT A
PROy,Pq{Or SAL SUBMITTAL FORM Sample
.- wr•'�..da..k,�c IXyz' 'ix_...,.... 019 .YrE
The undersigned declares that she or he:
■ Has carefully examined Specification No.91002,which is hereby made a part of this proposal.
■ Is thoroughly familiar with its contents.
■ Is authorized to represent the proposing firm.
■ Agrees to perform the work as set forth in this proposal.
❑ Certificate of insurance attached; insurance company's A.M. Best rating:
Firm Name and Address
Contact Phone
Si nature o Authorized Representative
Date
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EXHIBIT
REFERENCES -
'. �.A'�"te _ ' �
Number of years engaged in providing the services included within the scope of the specifications under
the present business name:
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if requited. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City, State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
Reference No.3
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State;Zip Code
Description of services provided
including contract amount,when
provided and project outcome
_18_
EXHIBIT
J
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ''"�';GiE;, -
OW2=V!311010-0-aa
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality,and if so to explain the circumstances.
■ Do you have any disqualification as described.in the.above paragraph to declare?
Yes ❑ No ❑
■ If yes, explain the circumstances.
Executed on at under penalty
of perjury of the laws of the State of California, that the foregoing is true and correct.
Signature of Authorized Representative
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EXHIBIT „
BIDDERS LIST
FOOD & BEVERAGE CONCESSION—LACUNA LAKE GOLF COURSE
SPECIFICATION NO.91002
Business Name Business Name: Big Daddy Oak Pit
Contact Name: Craig Lingham Contact Name: Renee
Address: P.O. Box 287 Address
City, State and Zip Code Solvang, CA 93464 City, State and Zip Code
Phone No. Phone No. (805)773-3638
Fax No. Email Address: bigdaddyoakpit@verizon.net
Business Name: Village Host Pizza Business Name: Zaki's Golden Waffle
Contact Name: Jerry Gilmore Contact Name: Zaki Shabbar
Address: 2138 Broad St. Address: 1460 Calle Joaquin
City, State and Zip Code SLO, CA 93401 City, State and Zip Code SLO, CA 93405
Phone No. Phone No. (805) 595-1956
Email Address: Fax No.
Business Name: Catering Unlimited, Inc. Business Name
Contact Name Contact Name
Address: 2990 Dairy Creek Rd. Address
City, State and Zip Code SLO,CA 93405 City, State and Zip Code
Phone No. (805) 782-8070 Phone No.
Fax No. Fax No.
Business Name Business Name
Contact Name Contact Name
Address Address
City, State and Zip Code City, State and Zip Code
Phone No. Phone No.
Fax No. Fax No.
Business Name Business Name
Contact Name Contact Name
Address Address
City, State and Zip Code City, State and Zip Code
Phone No. Phone No.
Fax No. Fax No.
c '7
EXHIBIT
a: Achievement
Building Partnerships, Creating Choices
PROPOSAL TO CITY OF SAN LUIS OBISPO
990 Palm Street, San Luis Obispo, Ca. 93401
RPF FOR LAGUNA LAKE GOLF COURSE
SUBMITTED March 12, 2010
RESUBMITTED April 23, 2010
FROM ACHIEVEMENT HOUSE, INC
By providing this food service contract the goal is to increase revenue and
attendance for Laguna Lake Golf Course and our goal is to provide vocational
training for the individuals we support in San Luis Obispo.
Leslie Alvarado
Business Coordinator
Achievement House Inc
553 Higuera Street
San Luis Obispo, Ca. 93401
Phone 805-543-0412
�-� EXHIBIT
I T- I
,�._! -,,Ir
NCI AFFILIATES, INC.
Achievement
BUILDING PARTNERSHIPS,CREATING CHOICES
City of San Luis Obispo
Department of Community Services
Proposal to Operate Food/Beverage Concessionaire
At Laguna Lake Golf Course
11175 Los Osos Valley Road, San Luis Obispo, Ca.
This proposal is submitted by Achievement House, Inc. (AHI), a California non-profit corporation to the
City of San Luis Obispo, Department of Community Services, a governmental agency.
I. PROPOSED SERVICES AND IMPROVEMENTS: AHI proposes to provide a vocational food and
beverage services work group to operate the cafe/concession stand at the Laguna Lake Golf
Course's existing kitchen site. Site improvements will be completed by a licensed contractor to
include flooring, installation of (4) required sinks, exhaust hood, lighting adjustments, FRP to
walls, electrical upgrades, and painting. Appliances purchased include: ANSI refrigerator,
microwave, griddle/oven, fryer, popcorn machine, and a refrigerated beverage container.
This approximate cost will be $30,000.
II. SALE AND STORAGE OF ALCOHOL:Per this proposal, AHI agrees to provide an onsite skilled
food service job coach and food service vocational trainees. After obtaining an ABC license to
serve Beer/Wine AHI will put into place a policy where all alcoholic beverages will be stored in a
locked storage container, handles by adults over the age of 21, and served to adults providing
proof age. No alcohol will be given or sold to miners or any individual exhibiting signs of
inebriation. AHI will work with the staff at the Laguna Lake Golf Course to establish guidelines
and they will be enforced.
III. INSURANCE: AHI shall maintain and provide evidence to the City of San Luis Obispo that AHI
is fully and properly insured and workers compensation insurance is provided for all members of
the work group. The City of San Luis Obispo agrees to allow AHI staff and AHI's carrier
representative to conduct routine safety inspections of the work site. AHI and the City of San Luis
Obispo agree to work closely to ensure that safety at the work site is maximized. AHI will
complete all requirements to be issues a liquor license from the Alcohol Beverage Control
IV. ABC LICENSE: As a non-profit company with over 50 years in business in San Luis Obispo there
is no foreseeable problem with obtaining a Beer/Wine liquor license with the ABC. All due
diligence will be completed but the final decision will be with the ABC.
V. BUSSINESS LICENSE: AHI already has a business license with the city of San Luis Obispo at
several locations.
V1. FOOD SERVICE EXPERIENCE: AHI had a successful restaurant called the Good Neighbor
Room for several years and has a current contract at Camp San Luis Obispo. Our sister
company NCI Affiliates was awarded a new contract called Orange Dog Cafe for the city of
Atascadero and has successfully operated the Cafe Bob restaurant on the Camp Roberts
military base since 2000. NCI recently increased its hours to accommodate demand and will
serve breakfast, lunch and dinner. The restaurant is operated by NCI staff and vocational food
67- 3/
' EXHIBIT'
i
service trainees under an agreement with the Army-Air Force-Exchange Service (AAFES) and
Camp Roberts military command. In the past, NCI had a supported employment food services
group working at the Back Porch Cafe at the San Luis Obispo Lake Pavilion and operated the La
Bella Pizza Kitchen in Paso Robles for several years. All food service job coaches are Food
Safety Certified.
VII. HOURS OF OPERATION: AHI proposes to operate the cafe/concession stand seven days a
week, excluding specified Holidays from 7am to 7:00 pm. Hours of operation may be adjusted to
accommodate special events and seasonal demands.
Vlll. SAMPLE MENU: See attachment.
DC. MAINTAINING CLEANLINESS AND GROUP SUPERVISION: Per this proposal, AHI agrees to
provide an onsite skilled food service job coach and food service vocational trainees.
The food service job coach responsibilities shall include:
1. Provide initial and ongoing training to the group to ensure that all conditions of
the cafe/concession stand contract.are met.
2. Provide prompt and courteous service to cafe/concession stand customers.
3. Ensure that the work group adheres to all required and preventative safety
practices. Notify AHI and the City of San Luis Obispo when safety issues emerge
and provide prompt and effective response to any safety incident.
4. Ensuring that all concession, cafe and kitchen equipment belonging to the City of
San Luis Obispo is maintained properly.
5. Maintain a safe,clean, sanitary and presentable environment.
6. Assist the group in learning and complying with the City of San Luis Obispo's and
Laguna Lake Golf Course rules and regulations.
7. Act as the liaison between the City of San Luis Obispo and AHI, including
ensuring that the needs and concerns of the contract are expeditiously identified
and addressed.
X. REFERENCES: SEE NEXT PAGE
XI. CONTRACT DURATION COMPENSATION AND TERMINATION: The contract between
Achievement House, Inc. and the City of San Luis Obispo will be for a period_ of five years. AHI
will recoup its initial investment expenses the first two years of the agreement without rental
payments to the City of San Luis Obispo; and then pay$1,250 per month beginning the third year
of the contract (with both parties agreeing to annual increases for the 4t' and 5`" year of the
contract to not exceed the current CPI rate). Rent will be paid by the 10"' day of each month. If
this contract is terminated prior to 5 years, the City of San Luis Obispo will reimburse
Achievement House, Inc. a pro-rated return of their financial investment. Either party may
terminate the agreement with a 30-day notice.
AHI HISTORY
AHI, Inc. is a 501 (c)3 non-profit corporation based in San Luis Obispo, California and was established to
provide vocational training and residential services to developmentally disabled adults. AHI's corporate
headquarters is located at 496 Linne Road in Paso Robles and has been serving San Luis Obispo County
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�.• EXHIBIT
since 1957. AHI's mission statement is: "To provide vocational opportunities for individuals with
special needs that respect personal choice and diversity and that reflect individualized goals that
support enhanced independence, personal responsibility and self-esteem." AHI provides an array
of vocational services and programs to assist individuals in developing appropriate workplace skills and
behaviors so as to enhance individual productivity, independence and community integration. AHI's
philosophy is that in order to be in an effective program, we must work in partnership with the individual
and his/her support network. AHI has effectively demonstrated that individuals with even the most severe
limitations can be gainfully employed, contributing members of their respective communities if appropriate
supports are developed and maintained.
REFERENCES
ORANGE.DOG CAFE:
Jennifer Fanning
City of Atascadero
Colony Park Community Center Director
Recreation Supervisor
5599 Traffic Way
Atascadero, Ca. 93422
CAFE BOB:
Carrie McCann—AAFES
Services Business Manager AFB
mcann(a)afes.com
AAFES Exchange Office
P.O. Box 5668
Vandenberg, Ca. 93437
CAMP SAN LUIS OBISPO
LTC Kevin Bohn
Director of Logistics
Camp San Luis Obispo
805-594-6504
EXHIBIT
SAMPLE.MENU -N
COFFEE: $1.00 (16 oz)
HOT TEA: $1.50 (16 oz)
SOFT DRINKS: SM MED LG
ICED TEA: $1.50 $1.75 $2.00
SNAPPLE $1.75 BOTTLED WATER $1.75
BREAKFAST MENU:
BAGEL WITH CREME CHEESE $2.00
BREAKFAST BURRITO $5.00
DANISH $1.50
CINNAMON ROLL $1.50
FRUIT $1.25
$$LUNCH MENU$$
REGULAR FRIES $1.50 CHILI/CHEESE FRIES $3.75
LARGE FRIES $3.00
POPCORN $1.00
GRILLED CHEESE $4.00 ICE CREAM $1.50
QUESDILLA $2.50 CANDY BARS $1.00
HOT DOG $2.50 CHILI CHEESE DOGS $3.00
BURGER $4.50
CHEESE BURGER $4.75 CHILLI CHEESE $5.00
BURRITOS $3.00
BEER/WINE
12 OZ $3.50
GLASS WINE $5
ADDITIONS OR AJUSTMENTS CAN BE EASILY MADE AFTER WE EVALUATE
THE CUSTOMERS PREFERENCES
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CEXHIBIT
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NOTES:
• All Electical, Plumbing, Gas and Food handling Code infastructure exists
presently in the same locations as in the previous Cafe'.
• A Grease Trap per code (see attached) is proposed to comply with the
San Luis Obispo City Planning Department.
P(.O1" PLAM • Lighting to remain standard and new flooring to go directly over existing.
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EXHIBIT D
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Section E
INSURANCE
Operation & Maintenance Contracts
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Contractor,its agents,representatives,employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code
1 (any auto).
3. Workers'Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Liquor Liability Insurance(if liquor service is proposed).
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Liquor Liability Insurance: $2,000,000 per occurrence(if liquor service is proposed).
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. The City may review options with the contractor, which may include
reduction or elimination of the self-insured retention,substitution of other coverage, or other solutions.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain,the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor, premises owned, occupied or
used by the Contractor,or automobiles owned leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its
officers,official,employees,agents or volunteers.
2. For any claims related to this contract, the Contractor's insurance coverage shall apply first and
on a primary basis as respects the City, its officers, officials, employees, agents and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents
or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought,except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voidedi canceled by either party, reduced in coverage or in limits except after thirty
(30)days'prior written notice by mail,has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no
less than ANIL
Verification of Coverage. Contractor shall famish the City with a certificate of insurance showing
required coverage. Original endorsements effecting general liability and automobile liability coverage are
also required by this clause. The endorsements are to be signed by a person authorized by that insurer to
bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
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