HomeMy WebLinkAbout5.3 Approving an Agreement with Origin Bay LLC, Koja Kitchen for Concession Services at The Wave
STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 5.3
DATE:March 18, 2025
TO:Honorable Mayor and City Councilmembers
FROM:Colleen Tribby, City Manager
SUBJECT:Approving an Agreement with Origin Bay LLC, Koja Kitchen for Concession Services at The WavePrepared by:Kevin Coffee,Recreation Coordinator
EXECUTIVE SUMMARY:The City Council will consider an agreement with Origin Bay LLC, Koja Kitchen, for concession services at The Wave for the 2025 and 2026 waterpark seasons.
STAFF RECOMMENDATION:Adopt the Resolution Approving an Agreement with Origin Bay LLC, Koja Kitchen for Concession Operation Services.
FINANCIAL IMPACT:Origin Bay LLC, Koja Kitchen will pay the City a flat fee of $25,000 per season for two seasons,totaling $50,000, to lease the concession stand for services at The Wave. Additionally, as a pass-through cost from birthday party customers, the City will reimburse the contractor for birthday party meal expenses, not to exceed $60,000 per season. Birthday party meal expenses are included in the department’s operating budget and have corresponding revenues.
DESCRIPTION:On November 18, 2024, the City released a Request for Proposals (RFP) for Concession Operations at The Wave for the 2025 and 2026 waterpark seasons (Attachment 3). Staff emailed the RFP to over 200 restaurants, food trucks, and food vendors.Three proposals were received by the deadline of December 16, 2024, from Origin Bay LLC (Koja Kitchen), Pacific Coast Entertainment, and Legacy Hospitality & Entertainment Group (Attachment 4). All proposals were reviewed and evaluated by Staff in accordance with the following criteria:• Responsiveness to the Request for Proposal questions • Experience with engagement of similar scope and complexity
21
Page 2 of 3
• Qualifications and specific experience of key project team members • Quality and completeness of the proposal • Satisfaction of previous clients Based upon the evaluation criteria and after conducting interviews, Koja Kitchen received the highest rating. Menu OptionsIn reviewing the proposals, Staff rated proposals more favorably if they closely matched the existing menu and price points, included waterpark favorites, and expanded upon the current menu offerings so customers would not see a significant change in prices or content.Koja Kitchen proposed a menu that includes offerings similar to those in previous years, such as hamburgers, cheeseburgers, hot dogs, french fries, and ice cream, while adding new offerings such as Korean hot dogs and Spam musubi. This similar, yet expanded, menu will assist in a seamless transition for returning customers.Menu options from the other proposals included only traditional amusement park selections with no options that would cater to the diverse nature of the community.Financial ProposalsThe RFP set the concession stand lease rate at $25,000 per season, an increase of $8,000 from the 2024 season under the previous concessions agreement. Koja Kitchen has committed to paying that rate.Compensation proposals from competing bidders aligned with this rate, with one bidder offering a higher amount; however, that bidder received unfavorable references and did not have a local presence, which raised concerns about their suitability. Biography and Management PlanKoja Kitchen launched as a food truck in 2011, serving the San Francisco area, and expanded to its first brick-and-mortar restaurant in 2014. Since then, the business has continued to grow, opening multiple locations throughout the Bay Area, including one in Dublin. With extensive experience catering to large groups and serving high-volume events, Koja Kitchen is well equipped to handle concession operations at The Wave, where attendance levels are comparable or greater. The proximity of Koja Kitchen’s Dublin location provides a logistical advantage, allowing them to prepare birthday party meals and supplement concession orders on high-traffic days. Additionally, they have a qualified manager and experienced staff dedicated to full-time concession operations. References for Koja Kitchen were overwhelmingly positive, highlighting their staff’s professionalism, flexibility, diverse menu options, and operational efficiency.
STRATEGIC PLAN INITIATIVE:None.
22
Page 3 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. A copy of this report was provided to Koja Kitchen.
ATTACHMENTS:1) Resolution Approving an Agreement with Origin Bay LLC, Koja Kitchen for ConcessionOperation Services2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Koja Kitchen3) Request for Proposals – The Wave Waterpark Concession Operation Services4) Concession Proposals
23
Attachment 1
Reso. No. XX-25, Item X.X, Adopted 3/18/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH ORIGIN BAY LLC, KOJA KITCHEN FOR
CONCESSION OPERATION SERVICES
WHEREAS,City owns concession facilities at The Wave Waterpark (“The Wave”); and
WHEREAS,the City desires to offer snacks, food and refreshments conveniently available
to its park users at The Wave; and
WHEREAS,the City desires to have a third-party operate the concessions facilities to offer
high quality food and refreshments for visitors at The Wave; and
WHEREAS, a Request for Proposals was released on November 18, 2024, with three
proposals received by the deadline; and
WHEREAS, the proposals were reviewed, evaluated and scored by Staff, and Origin Bay
LLC, Koja Kitchen (“Koja Kitchen”) was the selected bidder; and
WHEREAS,Koja Kitchen services best align with the City’s previous menu and price
range; and Koja Kitchen is prepared to complete the work outlined in the Scope of Services; and
WHEREAS, Koja Kitchen will pay the City $25,000 per season for two seasons totaling
$50,000; and
WHEREAS, as a pass-through cost, the City will reimburse the contractor for birthday party
meal expenses, not to exceed $60,000 per season for two seasons totaling $120,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does hereby
approve the agreement with Origin Bay LLC, Koja Kitchen.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to
carry out the intent of this Resolution.
{Signatures on the Following Page}
24
Reso. No. XX-25, Item X.X, Adopted 3/18/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 18th day of March 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
25
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 1 of 17
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
KOJA KITCHEN
THIS AGREEMENT for Concession Operation services is made by and between
the City of Dublin (“City”) and Origin Bay LLC, Koja Kitchen (“Contractor” or
“Concessionaire”) (together sometimes referred to as the “Parties”) as of 03/18/2025
(the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the services described in the Scope of Work
attached as Exhibit A at the time and place and in the manner specified therein. In the
event of a conflict in or inconsistency between the terms of this Agreement and Exhibit
A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on September 30, 2026, unless the term of
the Agreement is otherwise terminated or extended, as provided for in
Section 8. The time provided to Contractor to complete the services
required by this Agreement shall not affect the City’s right to terminate the
Agreement, as referenced in Section 8. Notwithstanding the foregoing this
Agreement may be extended on an annual basis for up to two years upon
the written consent of the Contractor and the City Manager, provided that:
a) sufficient funds have been appropriated for such purchase, b) the price
charged by the Contractor for the provision of the services described in
Exhibit B does not increase. None of the foregoing shall affect the City’s
right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor
is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent
personnel to perform services pursuant to this Agreement. In the event
that City, in its sole discretion, at any time during the term of this
Agreement, desires the reassignment of any such persons, Contractor
shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
standard of performance provided in Subsection 1.2 above and to satisfy
Contractor’s obligations hereunder. Concessionaire shall provide services
during normal business hours of the Wave, or at other times as
Attachment 2
Exhibit A to the Resolution
26
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 2 of 17
determined by the mutual consent of the Parties. Wave hours and dates
are attached hereto on Exhibit C. Contractor may not assign, sublease, or
transfer any of its rights under this Agreement
Section 2. COMPENSATION. As a pass-through cost from birthday party
participants, City hereby agrees to reimburse Contractor for birthday meal expenses at
a rate of $10.00-$12.00 per meal, with total reimbursable expenses not to exceed
$60,000.00 per season, notwithstanding any contrary indications that may be contained
in Contractor’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement. Contractor shall pay City a flat fee of $25,000.00 per season for
two seasons, totaling up to $50,000.00, to lease the Wave concession stand and for
services provided under this Agreement.
In the event of a conflict regarding the amount of compensation between this
Agreement and Consultant’s proposal, the Agreement shall prevail. City shall pay
Contractor for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments
from City to Contractor for services rendered pursuant to this Agreement. Contractor
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Contractor shall not bill City for duplicate services
performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to
Contractor under this Agreement is based upon Contractor’s estimated costs of
providing the services required hereunder, including salaries and benefits of employees
and subcontractors of Contractor. Consequently, the Parties further agree that
compensation hereunder is intended to include the costs of contributions to any
pensions and/or annuities to which Contractor and its employees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed, incurred prior to the invoice date. Invoices shall contain the
following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
The beginning and ending dates of the billing period;
A quantity ordered summary containing the original contracted costs
per item, the amount of prior billings, and the total due this period.
27
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 3 of 17
The total quantity of each product ordered under the Agreement by
Contractor and each employee, agent, and subcontractor of Contractor
performing services hereunder;
The Contractor’s signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed. City shall have 30 days
from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 [Intentionally Deleted]
2.4 Total Payment. City shall pay for the services to be rendered by
Contractor pursuant to this Agreement. City shall not pay any additional
sum for any expense or cost whatsoever incurred by Contractor in
rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Contractor submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or
for the entire Agreement, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or
amendment.
2.5 Fees. Fees for work performed by Contractor on a quantity basis shall not
exceed the amounts shown on the compensation schedule attached
hereto as Exhibit B.
2.5.1 Concessionaire agrees to pay City according to payment schedule
and payment amounts outlined in Exhibit B.
2.6 [Intentionally Deleted]
2.7 Payment of Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor
terminates this Agreement pursuant to Section 8, the City shall
compensate the Contractor for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of
28
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 4 of 17
written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to
perform any services or incur any costs whatsoever under the terms of
this Agreement until receipt of authorization from the Contract
Administrator.
2.10 [Intentionally Deleted]
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor
shall, at its sole cost and expense, provide all facilities and equipment that may be
necessary to perform the services that are in addition to the equipment outlined in
Exhibit D required by this Agreement. City shall make available to Contractor only the
facilities and equipment listed in this section, and only under the terms and conditions
set forth herein. Contractor shall make a written request to City to use facilities or
equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted
construction practices and state law, Contractor shall be solely and
completely responsible for conditions on the jobsite, including safety of all
persons and property during performance of the work. This requirement
shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary
safeguards to prevent personal injury and property damage. Contractor
shall provide protection for all persons including, but not limited to, its
employees and employees of its subcontractors; members of the public;
and employees, agents, and representatives of the City and regulatory
agencies that may be on or about the work.
The services of the City in conducting review and inspection of
Contractor's performance is not intended to include review of the
adequacy of Contractor's work methods, equipment, bracing or
scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable
state, city, county, and federal rules, regulations and codes, with specific
attention to the United States Department of Labor Occupational Health
and Safety Administration (OSHA) requirements. Contractor shall be
solely responsible for compliance with all city, county, and state explosive
transport, storage, and blasting requirements and for any damages
caused by such operations.
29
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 5 of 17
Contractor is hereby informed that work on City property could be
hazardous. Contractor shall carefully instruct all personnel working on
City property that all conditions of the property are potentially hazardous
work areas as to potential dangers and shall provide such necessary
safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised
relative to work underground.
In addition to complying with all other safety regulations, Contractor shall
abide by any and all other City requirements contained in any
specifications, special conditions or manuals, which shall be made
available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such
as fences, barriers, signs, lights, walkways, guards, and fire prevention
and fire-fighting equipment and shall take such other action as is required
to fulfill its obligations under this section. It is the intent of the City to
provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND
PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF
CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY
EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO
PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and
sanitary condition at all times. If required by the City, toilets shall be
furnished by Contractor where needed for use of its employees and their
use shall be strictly enforced. Contractor shall not use the City's existing
sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available
and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or
engage the services of a licensed safety engineer at any time during the
term of this Agreement. If Contractor does not have a licensed safety
engineer on staff, then City may require that Contractor engage a
subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the
requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement,
Contractor, at its own cost and expense, unless otherwise specified below, shall procure
the types and amounts of insurance listed below against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the
30
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 6 of 17
work hereunder by the Contractor and its agents, representatives, employees, and
subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and
under forms of insurance satisfactory in all respects, and that such insurance is in effect
prior to beginning work. Contractor shall maintain the insurance policies required by
this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Contractor's bid. Contractor shall not allow any subcontractor to
commence work on any subcontract until Contractor has obtained all insurance required
herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED
AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall
maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation:
4.1.1 General Requirements. Contractor shall, at its sole cost and expense,
maintain Statutory Workers’ Compensation Insurance and Employer’s
Liability Insurance for any and all persons employed directly or indirectly
by Contractor. The Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance shall be provided with limits of not less than
$1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of
self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the
standards of the California Labor Code shall be solely in the discretion of
the Contract Administrator.
4.1.2 Submittal Requirements. To comply with Subsection 4.1,
Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the
amounts specified in the section; and
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense,
shall maintain commercial general liability insurance for the term of
this Agreement in an amount not less than $2,000,000 and
automobile liability insurance for the term of this Agreement in an
amount not less than $2,000,000 per occurrence, combined single
limit coverage for risks associated with the work contemplated by
this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the
31
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 7 of 17
general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this
Agreement, including without limitation, blanket contractual liability
and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial
General Liability occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any
auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to
the policy:
a. The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Contractor; or automobiles owned, leased, hired, or
borrowed by the Contractor.
c. For any claims related to this Agreement or the work
hereunder, the Contractor’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Contractor’s insurance and
shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2,
Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section;
32
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 8 of 17
b. Additional Insured Endorsement as required by the section;
and
c. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Contractor shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Contractor by the
insurer, including complete copies of all endorsements attached to
the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City
does not receive the required insurance documents prior to the
Contractor beginning work, it shall not waive the Contractor’s
obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall
disclose to and obtain the written approval of City for the self-
insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its
officers, employees, and volunteers; or the Contractor shall provide
a financial guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim administration and
defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall
include a “wasting” policy limit (i.e. limit that is eroded by the cost of
defense).
4.3.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 days’ prior written notice
has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
certified endorsements for each subcontractor. All coverages for
33
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 9 of 17
subcontractors shall be subject to all of the requirements stated
herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor
fails to provide or maintain any insurance policies or policy endorsements
to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to
other remedies City may have and are not the exclusive remedy for
Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
Order Contractor to stop work under this Agreement or withhold any
payment that becomes due to Contractor hereunder, or both stop work
and withhold any payment, until Contractor demonstrates compliance
with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.
Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless
City and its officers, officials, employees, agents and volunteers from and against any
and all liability, loss, damage, claims, expenses, and costs (including without limitation,
attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature
arising out of or in connection with Contractor’s performance of the Services or its
failure to comply with any of its obligations contained in this Agreement, except such
Liability caused by the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of
the Contractor’s inability to evaluate Liability or because the Contractor evaluates
Liability and determines that the Contractor is not liable to the claimant. The Contractor
must respond within 30 days, to the tender of any claim for defense and indemnity by
the City, unless this time has been extended by the City. If the Contractor fails to
accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and
by virtue of this Agreement as shall reasonably be considered necessary by the City,
may be retained by the City until disposition has been made of the claim or suit for
damages, or until the Contractor accepts or rejects the tender of defense, whichever
occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract”
as defined by California Civil Code Section 2782, as may be amended from time to
34
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 10 of 17
time, such duties of Contractor to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor
providing services under this Agreement is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and
hold harmless City for the payment of any employee and/or employer contributions for
PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an
employee of City. This Agreement shall not be construed as an
agreement for employment. City shall have the right to control Contractor
only insofar as the results of Contractor's services rendered pursuant to
this Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which Contractor accomplishes services rendered pursuant to this
Agreement. Contractor further acknowledges that Contractor performs
Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Contractor performs for the City, and
has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, Contractor and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify
for or become entitled to, and hereby agree to waive any and all claims to,
any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and
entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
35
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 11 of 17
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors
shall comply with all laws applicable to the performance of the work
hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Contractor and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that
Contractor and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Contractor
represents and warrants to City that Contractor and its employees, agents,
any subcontractors shall, at their sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits, and
approvals that are legally required to practice their respective professions.
In addition to the foregoing, Contractor and any subcontractors shall
obtain and maintain during the term of this Agreement valid Business
Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not
discriminate, on the basis of a person’s race, sex, gender, religion
(including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression,
political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided by
Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Contractor.
36
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 12 of 17
Contractor may cancel this Agreement upon 30 days’ written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation
for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Contractor delivering
to City any or all documents, photographs, computer software, video and
audio tapes, and other materials provided to Contractor or prepared by or
for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any
such extension shall require a written amendment to this Agreement, as
provided for herein. Contractor understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Contractor with
compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Contractor for any otherwise
reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and
agree that this Agreement contemplates personal performance by
Contractor and is based upon a determination of Contractor’s unique
personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of
Contractor. Contractor may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator.
Contractor shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and
Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches
any of the terms of this Agreement, City’s remedies shall include, but not
be limited to, the following:
37
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 13 of 17
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Contractor
pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in
Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the
work described in Exhibit A that is unfinished at the time of breach
and the amount that City would have paid Contractor pursuant to
Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Contractor prepares or
obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Contractor hereby agrees to
deliver those documents to the City upon the conclusion of each
waterpark season and termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to
those described above, prepared pursuant to this Agreement are prepared
specifically for the City and are not necessarily suitable for any future or
other use. City and Contractor agree that, until final approval by City, all
data, plans, specifications, reports and other documents are confidential
and will not be released to third parties without prior written consent of
both Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement
for a minimum of 3 years, or for any longer period required by law, from
the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Subsection 9.2 of this Agreement requires Contractor to maintain shall be
made available for inspection, audit, and/or copying at any time during
regular business hours, upon oral or written request of the City. Under
California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall
38
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 14 of 17
be subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of the City, for a period of 3 years after final
payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought
for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in the state courts of California in the County of
Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the
provisions of this Agreement not so adjudged shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other
breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of
the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Contractor in a “conflict of interest,” as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Section 1090 et seq.
39
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 15 of 17
Contractor hereby warrants that it is not now, nor has it been in the
previous 12 months, an employee, agent, appointee, or official of the City.
If Contractor was an employee, agent, appointee, or official of the City in
the previous 12 months, Contractor warrants that it did not participate in
any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Contractor will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Contractor will be
required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding
public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or through
any written materials.
10.8 Contract Administration. This Agreement shall be administered by the
City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Origin Bay LLC, Koja Kitchen
Att: Martin Chou
5252 Dublin Boulevard
Dublin, CA 94568
Any written notice to City shall be sent to:
City of Dublin
Att: Kevin Coffee
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto
and incorporated herein as Exhibit A B, C, and D, represents the entire
and integrated agreement between City and Contractor and supersedes
all prior negotiations, representations, or agreements, either written or
oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Operation Schedule
40
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 16 of 17
Exhibit D Equipment List
10.11 Counterparts and Electronic Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be an original and
all of which together shall constitute one agreement. Counterparts
delivered and/or signatures executed by City-approved electronic or digital
means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in
accordance with applicable federal and California law. Either Party may
revoke its agreement to use electronic signatures at any time by giving
notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this
contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature
below Contractor certifies that Contractor, and any parent entities,
subsidiaries, successors or subunits of Contractor are not identified on a
list created pursuant to subdivision (b) of Section 2203 of the California
Public Contract Code as a person engaging in investment activities in Iran
as described in subdivision (a) of Section 2202.5, or as a person
described in subdivision (b) of Section 2202.5 of the California Public
Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
41
Services Agreement between 03/18/2025
City of Dublin and Origin Bay LLC, Koja Kitchen
Page 17 of 17
The Parties have executed this Agreement as of the Effective Date. The persons
whose signatures appear below certify that they are authorized to sign on behalf of the
respective Party.
CITY OF DUBLIN KOJA KITCHEN
Colleen Tribby, City Manager Martin Chou, Owner/Operator
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
42
Services Agreement between
City of Dublin and Koja Kitchen
03/18/2025
Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
1. Concessionaire may only use the Facilities to sell snacks, food, and
refreshments to patrons and/or staff at the Wave. Concessionaire may use the
Facilities for storage of concession items only. The concessionaire will not sell
alcoholic beverages or any glass bottles/containers.
2. Facility must be returned to the City in the original condition at season’s end or
upon Agreement termination (reasonable wear and tear
excepted). Concessionaire will assume full liability for any repairs, loss, damage,
or destruction to the Facility which is due to the fault or negligence of the
Concessionaire or the Concessionaire’s agents or employees. Concessionaire
must immediately notify the Recreation Supervisor if City-owned equipment
malfunctions; Concessionaire provides like-kind replacement if repair is
unfeasible.
3. Concessionaire will be responsible for all non-concession equipment, including
cash register (with credit card and receipt capability). Concessionaire shall be
responsible for providing all food service equipment required to successfully
operate Food Services (excluding the equipment listed in Exhibit D.
Concessionaire provides and maintains service ware, uniforms, linens,
disposables, signage, menus, and laundry services.
4. Concessionaire may not subcontract any portion of the concession operation
without the City’s prior written consent.
5. Should City enter into an agreement with a beverage distributor, City may require
Concessionaire to sell that distributor’s products preferentially or exclusively.
6. Concessionaire may not install any permanent signs. Temporary, non-attached
signs may be used during Concessionaire operation but must be removed when
not in use. Signs must be in good condition. Signs that are tattered or in poor
condition must be removed.
7. City shall issue one door key to Concessionaire. Concessionaire may request
additional keys from City, but may not duplicate any keys. Keys must only be
distributed to appropriate staff. Concessionaire may not change locks or
cylinders. Violation will result in termination of this Agreement. Concessionaire
shall pay for all key and lock replacement costs if keys or locks are lost or
damaged, even if the costs exceed the amount deposited.
8. Concessions staff will receive security badges upon request and after the
completion of all related, necessary documentation.
9. Throughout the term of the Agreement, the Concessionaire shall be solely
responsible for the security of the Facility and all other areas under the
Concessionaire’s supervision. Further, the Concessionaire and its employees shall
ensure that, upon completion of normal business hours, the Facility is secured and
that all appropriate equipment and lights have been turned off.
10.Concessionaire will be responsible for implementing software that allows for
ordering and/or order ready notifications.
43
Services Agreement between
City of Dublin and Koja Kitchen
03/18/2025
Exhibit A – Page 2 of 2
11.Concessionaire must comply with all applicable federal, state, county, and local
laws, ordinances, and regulations for Food Services. Maintain Facility,
Freezer/Refrigerator, and equipment to highest sanitary standards in line with
Alameda County Health regulations. Concessionaire is to obtain and maintain all
necessary licenses/permits, including Food Handlers Permit.
12.Any health inspection is to be coordinated with City staff. Report all inspection
outcomes to the City; promptly correct deficiencies.
13.Concessionaire is solely responsible for security of the Facility and ensuring
proper closure procedures are followed daily.
EXHIBIT A
SCOPE OF SERVICES (CONT.)
14.Certified Food Service Manager required on-site during operations (minimum two
years’ experience).
15.The Concessionaire shall notify the City’s Police Department and/or Alameda
County Fire Department in the event of a fire or other emergency using the
appropriate communication method. Further, the Concessionaire shall establish
appropriate emergency procedures, ensure that all of its employees are trained on
such procedures, and provide copies of these procedures to City staff.
16.Concessionaire may display logos in designated areas with City’s approval.
17.At the end of the season and upon termination of the Agreement, the
Concessionaire shall empty and clean all food storage areas, including the
Freezer/Refrigerator within seven (7) days of the
end of the season and/or termination of the Agreement unless otherwise
arranged with Wave Management. A full, detailed cleaning of Facility, must
include:
o Removal of all food and supplies
o Cleaning of appliances, hood, filters, ducting system, and tile flooring
o Cleaning and sanitizing of counters, shelving, refrigerators, freezers, vents,
fans, and windows (inside and out)
o Degreasing and scrubbing exterior concrete entrance
o Cleaning of baseboards, walls, and any hidden areas behind wheeled
equipment
o If the above cleaning is not completed, it will be the responsibility of the
concessionaire to pay for the concession's facility cleaning
18.Concessionaire shall bear all costs of operation, except as set forth otherwise in
this Agreement.
44
Services Agreement between
City of Dublin and Koja Kitchen
03/18/2025
Exhibit B – Page 1 of 1
EXHIBIT B
CONCESSIONAIRE PAYMENT SCHEDULE
Payment Due Date
May and June 2025 $12,500.00 06/05/2025
July, August, September
2025
$12,500.00 09/04/2025
May and June 2026 $12,500.00 06/04/2026
July, August, September
2026
$12,500.00 09/03/2026
BIRTHDAY PARTY MEAL PRICE
Payment Due Date
$10 - $12 per meal Invoiced by Concessionaire to City and
Paid Monthly
45
Services Agreement between
City of Dublin and Koja Kitchen
03/18/2025
Exhibit C – Page 1 of 1
EXHIBIT C
OPERATION SCHEDULE
The Concessionaire will have sole access to the concession stand beginning May 1st
through September 30th each year with operations being conducted according to the
following schedule.
Summer 2025 Hours of Operation
Daily Concessions Operating Hours
•11:00 am – 5:30 pm
Waterpark
•May 26, 2025
•May 31, and June 1, 2025
•Daily: June 7, 2025, through August 10, 2025
•Weekends Only: August 16, 2025, through September 1, 2025
The Concessionaire is required to operate on the following holidays
•Memorial Day: May 26, 2025
•Independence Day: July 4, 2025
•Labor Day: September 1, 2025
Summer 2026 Hours of Operations
Daily Concessions Operating Hours
•11:00 am – 5:30 pm
Waterpark
•May 25, 26, 27, 2026
•May 30 and 31, 2026
•Daily: June 6, 2026, through August 9, 2026
•Weekends Only: August 15, 2026, through September 7, 2026
The Concessionaire is required to operate on the following holidays
•Memorial Day: May 25, 2026
•Independence Day: July 4, 2026
•Labor Day: September 7, 2026
46
Services Agreement between
City of Dublin and Koja Kitchen
03/18/2025
Exhibit D – Page 1 of 1
EXHIBIT D
EQUIPMENT LIST
•1 Electronic Menu Display Board
•1 Turbo Air Solid Door Refrigerator (three-door) – 73 Cubic Feet (M3R72-3-M)
•1 Turbo Air Solid Door Freezer (two-door) - 42.1 Cubic Feet (M3F47-2-M)
•2 Turbo Air Under Counter Freezer (JUF-48-N) (JUF-60-N)
•1 Turbo Air Work Top Freezer (TWF-60SD-N)
•1 Turbo Air Mega Top Unit - Sandwich/Salad Prep Table w/ Refrigerated Base
(MST-72-30-N)
•1 BUNN Coffee Machine with two 1.5-liter Capacity Pots
•1 Taylor Soft Serve Freezer (Two Flavor Dispenser) Model 791
•1 Ortega Nacho Cheese Warmer & Dispenser
•2 Globe 16lbs Countertop Electric Fryers (PF16E)
•1 Cecilware Electric Griddle (Model: EL1836)
•2 Sodir Panini Machines
•1 Four-light heat lamp
•1 Amana RC22S2 Heavy Duty Stainless Steel Commercial Microwave Oven with
Push Button Controls – one cubic foot
•1 Indigo Ice Machine
•1 Soda Machine (soda provided by soft drink vendor)
•1 Turbo Air Glass Door Merchandiser Refrigerator – 20.3 Cubic Feet (TGM22RV-
N6)
•3 P.O.S. Machines
•1 Three-Compartment Sink
•1 Prep Sink
•2 Hand Washing Sinks
47
REQUEST FOR PROPOSALS
The Wave – Waterpark Concession Operations
City of Dublin
Proposals must be received by: December 16, 2024, 5:00 PM
Kevin Coffee, Recreation Coordinator
100 Civic Plaza
City of Dublin, CA, 94568
Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b)
experience with engagement of similar scope and complexity, c) qualifications and specific experience of
key concessionaire team members, d) quality and completeness of the proposal, and e) satisfaction of
previous clients.
Attachment 3
48
Request for Proposal
For
Concession Operations
Overview
The City of Dublin is requesting proposals for the operation and management of concession services
during the summer waterpark season. The Wave, located at Emerald Glen Park in Dublin, California, is
an award-winning 31,000-square-foot waterpark that includes an 812-square-foot concession stand. The
concessionaire will assist in providing an enjoyable experience to park guests with food and beverage
options made available for purchase. Concession operations include staffing, food services, inventory
control, stock management, menu creation, point of sale software management, custodial duties,
enforcement of Alameda County Health Department requirements, record keeping, and
communications between the concessionaire and The City of Dublin.
Project Description:
The 812 square foot concession building consists of a front and rear area. The front area consists of two
serving windows, a cooking area, and a food prep area. The rear area consists of cold and dry storage,
custodial closet, and wash station. The concessionaire will be granted use of all equipment outlined in
ATTATCHMENT B.
The concessionaire will have sole access to the concession stand beginning May 1 through September 30
each year with operations being conducted according to the following schedule. Reference
ATTACHMENT D for interior and exterior photos of concession stand.
Daily Waterpark Hours
• 11:00 AM – 6:00 PM
Waterpark Summer 2025 Dates
• May 26, 2025
• May 31 and June 1, 2025
• Daily: June 7, 2025, through August 10, 2025
• Weekends Only: August 16, 2025, through September 1, 2025
• September 6, through September 28, 2025, rentals and buyouts as requested by renter
The concessionaire is required to operate on the following holidays
• Memorial Day: May 26, 2025
49
• Independence Day: July 4, 2025
• Labor Day: September 1, 2025
Summer 2026 Hours of Operation (Tentative)
Daily Waterpark Hours
• 11:00 AM – 6:00 PM
Waterpark Summer 2026 Dates
• May 25, 26, 27, 2026
• May 30 and 31, 2026
• Daily: June 6, 2026, through August 9, 2026
• Weekends Only: August 15, 2026, through September 7, 2026
• September 8, through September 27, 2026, rentals and buyouts as requested by renter
The concessionaire is required to operate on the following holidays
• Memorial Day: May 25, 2026
• Independence Day: July 4, 2026
• Labor Day: September 7, 2026
The waterpark is open to the public from 11:00 AM to 6:00 PM. The concession stand will be open from
11:00 AM to 5:30 PM daily. Patrons are not permitted to bring outside food and beverages into the park
apart from water. However, City of Dublin staff may grant exceptions to this policy for specific needs,
such as dietary restrictions, food allergies, religious observances, and baby food. Additionally, the City
reserves the right to schedule and include additional non–duplicate food vendors during waterpark
operating hours as deemed necessary.
The summer waterpark season’s overall attendance and concession’s gross revenue for the past three
seasons has been:
Gross Sales 2022 2023 2024
May and June $ 91,887.11 $ 66,117.35 $ 112,032.85
July $ 101,941.88 $ 138,050.72 $ 122,078.43
August and September $ 76,884.26 $ 64,642.00 $ 55,988.98
Total $ 270,713.25 $ 268,810.07 $ 290,100.26
2022 2023 2024
Season Total Attendance 52,182 57,613 65,510
50
The concessionaire will also provide meals for facility birthday party rentals during the summer
waterpark season. The Wave offers four birthday party rental areas during daily waterpark operations.
Each reservable area has a minimum of 10 and a maximum of 32 attendees. Birthday party meals are to
be delivered to the reserved areas between 12:00 PM and 1:00 PM. The City of Dublin will assume
expenses for birthday party meals. Birthday meal options and prices are to be included in the
proposals. Birthday party meals will be required to have vegetarian and vegan options.
The summer waterpark season’s overall birthday party attendance and meal orders for the past three
seasons has been:
Total Birthday Party Meals Ordered
Month 2022 2023 2024
May and June 631 913 1,021
July 1,094 1,002 794
August and September 842 597 640
Total 2,567 2,512 2,455
See ATTACHMENT C for responsibilities of City and concessionaire
Term of the Contract
The term of this Agreement shall begin on the Effective Date and shall end after two (2) years.
Notwithstanding the foregoing, this Agreement may be extended for up to one (1) year upon the written
consent of the concessionaire and the City Manager.
The term of the Agreement will begin on April 1, 2025, and continue through September 30, 2026, for
operation of concessions during the 2025 and 2026 waterpark season’s which takes place from the
Saturday preceding Memorial Day Weekend through the Labor Day Holiday. The winning proposal will
have an option to renew for a third year at the City’s discretion.
Financial Relationship
The concessionaire will be renting the concessions facility at a rate of $5,000.00 per month for five total
months each waterpark season.
Payment to the City will be made in two installments every year.
50% due on the first Thursday of June ($12,500.00)
50% due on the first Thursday of September ($12,500.00)
Considerations:
51
The concessionaire must have adequate experience from references. The contract will be awarded only
to a responsible concessionaire. To qualify as responsible, a prospective concessionaire must meet the
following standards/experience as they pertain to this RFP.
Experience includes:
• Staffing and managing a seasonal or full-time concession operation.
• Staffing a concession for deliveries, cleanings, and other requirements of the operation.
• The concessionaire must be able to comply with all requirements in the Request for Proposal.
• The concessionaire must have a satisfactory record of contractual performance from listed
references.
• The concessionaire must maintain all liability insurance requirements and licenses as listed in
the final contract.
The ability and willingness to enter into an agreement with the City as required in the sample agreement
ATTACHMENT A. Please note the attached agreement is a model.
Process and General Conditions
1. Proposers shall submit four (4) original proposals and one electronic copy to:
Kevin Coffee
Recreation Coordinator
100 Civic Plaza
Dublin, CA, 94568
Kevin.coffee@dublin.ca.gov
Electronic copies shall be submitted by emailed PDF, on CD or USB flash drive. Hardcopies (4) must be
mailed to the address listed above.
2. The deadline for submitting the proposal is December 16, 2024, at 5:00 PM to the Parks and
Community Services Department at 100 Civic Plaza, Dublin, CA, 94568. Postmarks will not be
accepted.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the proposer. Each
proposal shall be limited to a maximum of 30 pages, single-sided, using minimum 12-point font
size. Page limit excludes a table of contents, tabbed dividers, and resumes for concessionaire
team.
Schedule for RFP Process
November 18, 2024, 5:00 PM Request for Proposals mailed to concessionaire.
December 3, 2024, 10:00 AM Optional tour of concession stand.
December 10, 2024, 5:00 PM Deadline to submit questions to City of Dublin.
52
December 16, 2024, 5:00 PM Proposals are due no later than 5:00 PM on December 16 at the offices
of the City of Dublin, Parks and Community Services Department, 100
Civic Plaza, Dublin, CA, 94568. Late submittals will not be accepted.
February 4, 2025 Contractor Services Agreement scheduled for approval by the Dublin
City Council.
(Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Statement of Qualification based on the requirements provided
below. Any other information you would like to include should be placed in a separate section at the
back of your Statement of Qualification. Please note however that the RFP submittal is limited to 30
pages maximum single sided (excluding resumes) and should be submitted on 8 ½ x 11 paper, in 12-
point font. The page limit excludes a table of contents, tabbed dividers, and resumes for
concessionaire team.
Interested concessionaires are required to submit four (4) bound, and one electronic copy of their
proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the concessionaire's interest and
commitment to perform work necessary to provide concession services for waterpark
operation. The person authorized by the concessionaire to negotiate a contract with the City of
Dublin shall sign the cover letter. Please include this cover letter within the document and not
as a separate page.
2. State the qualifications and experience of the concessionaire/individual(s). Please emphasize
the specific qualifications and experience with engagements of similar scope and complexity.
3. Provide at least three references (names and current phone numbers) from recent work
(previous five years) similar to the services outlined in this request for proposal. Please include a
brief description of the work performed.
4. List key staff members, including identification of the primary point-of-contact. Include each
team member’s availability, including all existing committed hours, and the ability to
successfully provide concession services during listed waterpark operation hours.
5. Provide an approach to completing this proposal, showing the flow of various tasks of the work
and demonstrating a clear understanding of the requested work.
6. Provide confirmation of your ability to meet the City’s Standard Contractor Services Agreement
and insurance requirements. Exceptions to the Agreement and insurance requirements shall be
specifically noted in the Proposal.
53
Please provide copies of your proposal to City offices no later than December 16, 2024, by 5:00 PM. The
entire proposal (excluding resumes) should be a maximum of 30 pages. Submittals should be addressed
as follows:
City of Dublin, Parks and Community Services Department
Attention: Kevin Coffee
City of Dublin
100 Civic Plaza
Dublin, CA, 94568
Post-marked packages dated on the specified proposal due date will not be accepted. Any Proposal
submitted after the stated deadline will not be accepted for consideration.
Standard Consulting Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be
performed on a time and materials fee basis for a specified scope of work. The term of the Agreement
will begin April 1, 2025.
A sample of the City’s Standard Contractor Services Agreement, including insurance requirements, is
provided as ATTACHMENT A.
If the interested concessionaire desires to take exception to the Agreement and/or insurance
requirements, the interested concessionaire shall clearly identify proposed changes to the Agreement
and furnish the reason for these changes, which shall be included in the Statement of Qualification.
Exceptions will be taken into consideration in evaluating proposals. Otherwise, the interested
concessionaire is to state in the proposal that the Agreement and insurance requirements are
acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of
Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United
States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or
any direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of your concessionaire’s clients who are the following: Private
clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army
Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers
must also identify any other clients (including public entities), that may pose a potential conflict of
interest, as well as a brief description of work you provide to these clients.
54
This list must include all potential conflicts of interest within the year prior to the release of this RFP as
well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential
financial conflicts of interest. For additional information, proposers should refer to the FPPC website at
http://www.fppc.ca.gov/Form700.html.
Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical
handicap, medical condition, or marital status either discriminate or permit discrimination against any
employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the
event of proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in
whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment, without regard to their race, religion, color, sex, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Proposer and its sub-
concessionaire shall post in conspicuous places, available to all employees and applicants for
employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C.
§ 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et
seq.].
Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal
guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of California.
Insurance Requirements
The concessionaire shall provide insurance coverage as follows in conformance with the City of Dublin’s
requirements:
General Liability Insurance $2,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
References
55
Concessionaire must include three (3) references for which the concessionaire has provided services
similar to those described in this RFP. Reference information shall include: Name, Address, Contact,
Title, Phone Number, and Term of the contract/service.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected
by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a
forced ranking process. Informal interviews may be conducted by City staff and may include more than
one concessionaire that has submitted a proposal.
Based on input from this review process, a recommendation will be made to the City Manager. The City
Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the concessionaire that the City feels best meets the
requirements of the RFP. The City reserves the right to reject any and all proposals prior to execution of
the Agreement, with no penalty to the City.
Selection of Concessionaire
Submitted Proposals will be evaluated and scored using the following criteria:
• Responsiveness to the Request for Proposal questions
• Experience with engagement of similar scope and complexity
• Qualifications and specific experience of key project team members
• Quality and completeness of the proposal
• Satisfaction of previous clients
56
ATTACHMENT A
Standard Consulting Services Agreement
Removed for the purposes of the March 18, 2025 Regular City Council Meeting
packet.
57
ATTACHMENT B
Concession Stand Equipment List
Equipment List
• 1 Electronic Menu Display Board
• 1 Turbo Air Solid Door Refrigerator (three door) – 73 Cubic Feet (M3R72-3-M)
• 1 Turbo Air Solid Door Freezer (two door) - 42.1 Cubic Feet (M3F47-2-M)
• 2 Turbo Air Under Counter Freezer (JUF-48-N) (JUF-60-N)
• 1 Turbo Air Work Top Freezer (TWF-60SD-N)
• 1 Turbo Air Mega Top Unit - Sandwich/Salad Prep Table w/ Refrigerated Base (MST-72-30-N)
• 1 BUNN Coffee Machine with two 1.5-liter Capacity Pots
• 1 Taylor Soft Serve Freezers (Two Flavor Dispenser) Model 791
• 1 Ortega Nacho Cheese Warmer & Dispenser
• 2 Globe 16lbs Countertop Electric Fryers (PF16E)
• 1 Cecilware Electric Griddle (Model: EL1836)
• 2 Sodir Panini Machines
• 1 Four light heat lamp
• 1 Amana RC22S2 Heavy Duty Stainless Steel Commercial Microwave Oven with Push Button
Controls – one cubic foot
• 1 Indigo Ice Machine
• 1 Soda Machine (soda provide by soft drink vendor)
• 1 Turbo Air Glass Door Merchandiser Refrigerator – 20.3 Cubic Feet (TGM22RV-N6)
• 3 P.O.S. Machines
• 1 Three-Compartment Sink
• 1 Prep Sink
• 2 Hand Washing Sinks
Reference ATTACHMENT D for interior and exterior photos of concession stand and equipment.
58
ATTACHMENT C
Responsibilities of the City of Dublin and the Concessionaire
Responsibilities of the City of Dublin will include:
Facility and Utilities
• City provides the facility and is responsible for all utility services.
• Utility service interruptions are not guaranteed to be uninterrupted, but the City will make
diligent efforts to restore service promptly.
• City is not liable for any loss of food, beverages, revenue, or profits due to utility service
interruptions.
Maintenance and Repairs
• City handles all repairs and preventative maintenance of the facility and equipment, including
water and sewer.
• City provides annual commercial cleaning of the facility.
Security and Access
• City is responsible for the locking system and key access to the facility.
Waste Management
• City provides non-exclusive access to dumpsters and trash services.
Permits and Equipment
• City provides a menu board and menu software.
• City obtains the Alameda County Health Permit.
Responsibilities of the concessionaire will include:
General Use of Facility and Equipment
• Concessionaire shall use City facilities and equipment solely for specified food services
purposes.
• Facility must be returned to the City in the original condition at season’s end or upon Agreement
termination (reasonable wear and tear excepted).
• Concessionaire shall assume full liability for any repairs, loss, damage, or destruction to the
facility which is due to the fault or negligence of the concessionaire or the concessionaire’s
agents or employees.
59
• Concessionaire must immediately notify the Recreation Supervisor if City-owned equipment
malfunctions; concessionaire provides like-kind replacement if repair is unfeasible.
Equipment and Supplies
• Concessionaire is responsible for all non-concession equipment, including cash register (with
credit card and receipt capability).
• Concessionaire shall be responsible for providing all food service equipment required to
successfully operate food services (excluding the equipment listed in Attachment B)
• Concessionaire provides and maintains service ware, uniforms, linens, disposables, signage,
menus, and laundry services.
• Concessionaire Shall be responsible for implementing software that allows for ordering and or
order ready notifications.
Health, Safety, and Compliance
• Concessionaire must comply with all applicable federal, state, county, and local laws,
ordinances, and regulations for food services.
• Maintain Facility, Freezer/Refrigerator, and equipment to highest sanitary standards in line with
Alameda County Health regulations.
• Concessionaire to obtain and maintain all necessary licenses/permits, including Food Handlers
Permit.
• Any health inspection is to be coordinated with City staff.
• Report all inspection outcomes to the City; promptly correct deficiencies.
Emergency and Security Procedures
• Notify City’s Police or Alameda County Fire Department in case of fire or other emergencies.
• Establish, train, and provide emergency procedures to City staff.
• Concessionaire is solely responsible for the security of the Facility and ensuring proper closure
procedures are followed daily.
Food Service Management and Display
• Certified Food Service Manager required on-site during operations (minimum two years’
experience).
• Concessionaire may display logos in designated areas with City’s approval.
End-of-Season Cleaning Requirements
• Full, detailed cleaning of facility, including:
o Removal of all food and supplies
60
o Cleaning of appliances, hood, filters, ducting system, and tile flooring
o Cleaning and sanitizing of counters, shelving, refrigerators, freezers, vents, fans, and
windows (inside and out)
o Degreasing and scrubbing exterior concrete entrance
o Cleaning of baseboards, walls, and any hidden areas behind wheeled equipment
• If the above cleaning is not completed, it will be the responsibility of the concessionaire to pay for
the concession's facility cleaning.
• At the end of the season and upon termination of the Agreement, the concessionaire shall empty
and clean all food storage areas, including the Freezer/Refrigerator within seven (7) days of the end
of the season and/or termination of the Agreement unless otherwise arranged with Wave
Management.
61
ATTACHMENT D
Facility Photographs
Concession Stand Front – Waterpark Serving Windows and Menu Display
Interior Front – Soda Fountain, Ice Machine, Toppings Storage
62
Interior Front – Cooking Station, Flat Top, Fryer, Microwave, Vent Hood
Interior Front – Serving Stations
63
Interior Front – Prep Station and Drink Refrigerator
Interior Rear – Dry Storage
64
Interior Rear – Cold Storage
Interior Rear – Cleaning Stations
65
Interior Rear – Grase Trap and Custodial Closet
Interior Rear – Fountain Dring Syrup Dispenser
66
Martin Chou, Owner/Operator
KoJa Kitchen
5252 Dublin Blvd
Dublin, CA 94568
December 11, 2024
City of Dublin, Parks and Community Services Department
Attention: Kevin Coffee
100 Civic Plaza
Dublin, CA, 94568
Dear Kevin,
As a resident and business owner in the city of Dublin, I see the opportunity to operate
and manage the concession services at the Wave as an exciting and unique
opportunity. Not only does this allow us to be a part of a local attraction that my family
enjoys each summer, it also allows us to expand our interest in doing business in
Dublin. When I mentioned this opportunity to my 11 years old daughter, she was
ecstatic and has constantly asked whether the proposal has been submitted.
We hope the supporting requirements demonstrate our strong interest and commitment
to this partnership. If you have any questions regarding this proposal, please feel free to
contact me at (209) 814-7025 or email me at dublin@kojakitchen.com.
Thank you for your consideration.
Sincerely yours,
Martin Chou
Attachment 4
67
Business Proposal
Attn:Kevin Coffee
Prepared By:Martin Chou
Email:dublin@kojakitchen.com
Phone:(209)814-7025
5252 Dublin Blvd
Dublin,CA 94568
1
68
QUALIFICATIONS
KoJa Kitchen is a Korean-Japanese fusion restaurant concept started in 2011 with nine
locations in the bay area. The menu includes rice patty burgers, rice bowls, tacos,
wings, fries, and a range of other options. The brand currently has over 10k followers on
Instagram and Facebook, and was recognized as the top 10 burgers in America by Yelp
in 2023.
The Dublin location in the Persimmon Place opened in 2018 and offers dine-in,
take-out, delivery and catering services. The concession services would be offered as
an extension of the KoJa Kitchen Dublin location. This location has participated in
concession services as a pop-up with other restaurant partners such as Wow Wow
Lemonade in Livermore as well as events including Paint the Town Red, Yelp’s biggest
Bay Area event. This location averages one catering order per day with meal counts
ranging from 20 to 300 for various events including weddings, social gatherings and
corporate functions. With this location being 1.2 miles away from the Wave, it will allow
our team to efficiently augment staffing and supplies as needed.
As a corporate hub for new menu item releases, this location offers a unique menu
shown on pages 2 and 3 that does not include the recent launch of desserts and Korean
style hot dogs. While the menu can be custom tailored to better serve the specific venue
and/or clientele such as hot dogs, hamburgers, and other traditional menu items, we
strongly believe the uniqueness of our menu will add to the overall, positive waterpark
experience.
2
69
3
70
.
4
71
REFERENCES
Social References
5
72
Professional References
Name:Crystal Camarena
Company:Hensel Phelps
Email:ccamarena@henselphelps.com
Phone:(925)494-9700
Description:Hensel Phelps is a customer that we cater to on a regular basis.
Name:Jessica Gelico
Company:Yelp
Email:jgelico@yelp.com
Phone:(510)213-8358
Description:Partnered with Yelp at their bay area event.
Name:Michaell Dupin
Company:Eastown Church
Email:michaell@eastown.church
Phone:(248)303-4108
Description:Eastown Church is a customer that we cater to on a regular basis.
Name:Nelson Nunez
Company:Gorilla Creative
Email:nelson@gorillacreative.com
Phone:(707)561-1972
Description:Gorilla Creative is a customer that we cater to on a regular basis.
6
73
STAFFING
The staffing at the Wave will be augmented by the team at KoJa Kitchen Dublin with
Martin Chou who will manage operations and be the primary point of contact.The
current team consists of 13 team members and will increase to 17 during the summer
season.One strong indicator of a responsible resource is their on-time arrivals to their
scheduled,work shifts as shown below for the current team at KoJa Kitchen Dublin.
7
74
APPROACH
8
75
CONFIRMATION AND EXCEPTIONS
I,Martin Chou,acknowledge the City’s Standard Contractor Services agreement and confirm
the insurance requirement excluding the professional liability insurance as our agent is not clear
why it is required for a restaurant establishment.Upon further explanation and clarification,this
coverage can be added.
9
76
The Wave – Waterpark Concession Operations RFP
City of Dublin, CA
Due: December 16, 2024
Presented to:
Prepared by:
Kevin Coffee
Recreation Coordinator
100 Civic Plaza
City of Dublin, CA, 94568
77
Table of Contents
Letter of Interest
Executive Summary
Recent Developments
Resumes
Hospitality & Concessions Experience
Case Studies
Hours of Operation, Permits, and Safety
Staffing and Training
Key Personnel & Staffing Plan
Staffing and Training
Sustainability, Equipment, and Upkeep
POS, Stock, Reports & Records
Implementation Timeline
Group and Birthday Packages
Marketing and Promotions
Boxed Lunches and Catering Services
Insurance & Legal Qualifications
Financials
Conclusion
References
01
02
03
04
06
07
12
13
14
15
16
17
18
19
20
21
22
23
25
26
78
Table of ContentsTo Whom It May Concern:
We are pleased to submit our proposal to provide Food and Beverage Concession Services at The Wave, located at Emerald Glen Park
in Dublin, California, for a two-year term with the possibility of a one-year extension.
Founded in 2002, Upsilon Entertainment Group, LLC - a subsidiary of Legacy Hospitality and Entertainment Group, LLC (Legacy) is a
privately-owned business specializing in public-private partnerships. We currently operate both year round and seasonal,
indoor/outdoor, full service cafe and concessions operations in NY, CT, MA, PA, NJ and WA including a splash pad attraction and
pool/beach concessions as comparable examples of our work.
Legacy fully understands the scope of work outlined in the RFP. With decades of experience in public space operations and hospitality
management, we are uniquely positioned to deliver seamless, high-quality concession services at The Wave.
Key Attributes and Experience:
●High-volume, fast-paced operations
●Seasonal, flexible staffing
●Themed and curated food & beverage menus
●Concessions, group packages, and party planning
●Catering, events, and sponsorship opportunities
●Collaborative, partnership-focused approach
Our commitment is to enhance The Wave through exceptional food, efficient service, and curated and themed offerings. By
collaborating with the City of Dublin and Alameda County, we will ensure a smooth transition, compliance, and minimal operational
impact. We prioritize open communication, local hiring, and delivering fresh, fairly priced, high-quality menu options. We are
authorized to perform services in California and confirm the accuracy of the information provided. Thank you for your consideration.
We look forward to your feedback and partnership.
Sincerely,
Itai Shoffman & Saurav Ghosh
Primary points of contact:
Itai Shoffman & Saurav Ghosh
3400 Cottage Way, Ste. G2, Sacramento CA 95825
Tel: 917-620-2914 , 646-725-6568
Email: itai@legacyhospitalitygrp.com, saurav@legacyhospitalitygrp.com
179
Executive Summary
Legacy prides itself on delivering quality services and memorable guest experiences with a focus on accessibility
and positive interactions. Our portfolio showcases our ability to manage diverse concessions, ensuring
high-quality service and guest satisfaction. We have extensive experience in operating in public spaces and in
hospitality, with expertise in having successfully developed and managed several recreation and food and
beverage concessions including Canalside, LeFrak Center at Lakeside and Longshore Golf Club and Pool. Our
portfolio of past and current destinations include:
●Concessions at Longshore Club Pool & Ice Rink, Westport, Connecticut
●Concessions at Longshore Golf Club, Westport, Connecticut
●Concessions at Compo Beach in Westport, Connecticut
●Canalside, Buffalo Waterfront, New York
●LeFrak Center at Lakeside, Prospect Park, Brooklyn NY
●Grub & Games, at Bluestone Cafe, Prospect Park
●Grub & Go Concessions, at the LeFrak Center at Lakeside
●Celsius Restaurant and Ice Bites Cafe at the Winter Village at Bryant Park
Longshore Club Pool in
Westport, Connecticut
Bluestone Café at Lakeside in Prospect Park
3
Canalside, Buffalo NY
Longshore Club Pool, Westport Connecticut
280
Table of Contents
Recent Developments
Legacy Hospitality & Entertainment was recently awarded several new contracts to provide concessions and operations services
including at the Pullman-Moscow Regional Airport in WA, Elmira Corning Regional Airport in NY, the Rockwell Theater in CT, The
Metropolis Ice Rink in MA, Philadelphia City Meals in PA, Mountain View Golf Course in Princeton, NJ and the Hudson Paddle Sports
program for New York State Parks and Recreation.
Legacy is honored to be working with these organizations and municipalities to be implementing their new hospitality programs this
Winter and next Spring.
381
Table of Contents
Legacy Founder’s Resumes
Itai Shoffman
Founder & Partner
Itai has over twenty years of experience managing and consulting for signature parks and public spaces. Itai specializes in managing
relationships with public, community and private entities, creating programming and special events, sponsorship opportunities and
raising operating revenues for public-private partnerships.
Itai helped Bryant Park establish financial independence while elevating the status of adjacent commercial properties through the
creation and operation of the Winter Village at Bryant Park which he founded in 2002, and that included over 150 outdoor temporary
retailers in the Holiday Shops, an indoor/outdoor modular pop-up restaurant/bar/event space (Celsius), a 17,000 sqft temporary ice
skating rink and sponsorships valued at over $2M per season. The Winter Village project has gone on to become one of the most
internationally recognized winter destinations and the country’s highest grossing ice skating rink.
Mr. Shoffman’s background in entertainment, performing arts, and venue operations translates to a particular sensibility in the needs
and demands of public-private partnerships. Prior to founding Upsilon, he was the Director of International Operations at IMAX
Corporation developing multi-dimensional attractions that bridged live and filmed entertainment including the “Back to the Future,
The Ride’’ in Universal Studios and the Luxor Hotel and Casino in Las Vegas.
Saurav Ghosh
Chief Executive Officer & Partner
Saurav brings over 17 years of experience in a variety of industries including technology, manufacturing, advertising, media &
entertainment and hospitality. He has extensive experience in Operations Management, Marketing, Accounting, Finance, Human
Resources, Taxation and Systems Implementation and Design. Saurav has held a wide range of leadership, management and advisory
positions where he has provided multiple entities with strategic oversight over Accounting, Finance, Taxation, Human Resources,
Operations, Marketing, and Customer Relations Management. He has been a vital part in multiple reorganizations and has been
integral in the design and maintenance of various systems of multiple organizations, enabling them to maximize revenues both
domestically and internationally.
Saurav holds a B.S. and M.S. in Accounting from Hunter College, M.A. in Integrated Marketing from Marist College and a Dual MBA in
Finance and Information Systems from Pace University and resides with his family in Stony Brook, Long Island where he also coaches
the Three Villages Softball Team.
482
Table of Contents
Corporate Team
Dina Charles
Food & Beverage Manager
Dina Charles brings over 15 years of food and beverage experience in casual, quick service, and hospitality establishments.
Nancy Gallagher
Senior Event Sales and Partnership Manager
Nancy, is a marketing professional with over a decade of experience in marketing, events, and partnership management. Nancy has led
the booking and marketing strategy for the newly revitalized Wollman Rink in Central Park.
Bibi Bacchus
Controller & HR Director
Bibi has over 12 years of experience in Accounting, Finance, Payroll, and Human Resources Management. She has worked in multiple
industries including food and beverage operations, hospitality, event management, production services, recreation, and legal services.
Heather Rumsey
Creative & Content Manager
Heather Rumsey is an experienced and accomplished content strategist with 7 years of experience in creative and technical writing.
She specializes in writing and creating content for websites, digital media, and marketing.
Ashley Villanueva
Graphic Designer
Ashley Villanueva is a Graphic Designer and Animator with extensive experience in UI design, Graphic Design, and Motion Graphics.
She has worked with notable clients and specializes in brand identity and creating compelling visual marketing content.
Evelyn Mostrom
Brand Development & Guest Experience Manager
Evelyn Mostrom brings a versatile background in communications and guest services, with expertise in social media management,
UX/UI, and brand development. She has extensive experience across hospitality, design, and entertainment industries.
583
Hospitality and Concessions Experience
Longshore Golf Club Park, Westport - Opened summer 2021, Hook’d on the Green is a
seasonal, full service Golf concession located at Longshore Golf Club Park in Westport, CT.,
and includes multiple operations at the beach, golf course and pool/tennis/ice rink centers.
Rockwell Theater, Bristol, Connecticut - Concessions at the historic Rockwell Theater
designed to complement the theater environment with accessible and delicious food choices.
Wilshire Golf Club, CA - Executed hospitality services for the HUGEL-JTBC LA Open at the
Wilshire Country Club, during the LPGA Tour. The Tournament included General and VIP
Concessions and Catering services with pop up food, beverage and hospitality destinations
located along the course.
Grub & Games / Grub & Go, Lakeside - One of the signature elements of Lakeside in
Prospect Park is its food, beverage and hospitality offerings including a full-service,
indoor/outdoor cafe. Featuring a full spectrum of dining options including light bites,
sandwiches, custom desserts, craft beers, wines and specialty cocktails. Grub & Games
includes catering services for groups, parties, and special events and Grub & Go for quick
takeaway items and snacks.
Celsius Bar & Lounge, NY - A seasonal, pop up winter themed restaurant and bar located in
the iconic Winter Village at Bryant Park. Constructed ina temporary, two-story glass
enclosed structure in the Park, Celsius was the go to destination for holiday gatherings,
corporate events and family outings.
684
Case Studies
The following examples highlight our concession and catering experience.
785
Macro Level Highlights:
A year round recreation destination in the heart of Brooklyn,
Prospect Park with two ice skating rinks
100,000 skaters from November 15 - April 5
• $74M, 26-acre new construction and redevelopment project
• 10M annual Prospect Park visitors
• Two permanent skating rinks – 32,000+ square feet of surface
area
• Year-round activation and programming including boating, cycling,
ice skating, hockey, roller skating, water play, and music/concerts
and festivals
The LeFrak Center at Lakeside Prospect Park Case Study
• Full service food and beverage options including
indoor/outdoor eating areas
• Designed by international award-winning architects Tod
Williams and Billie Tsien
• Conveniently located near The Barclays Center, Brooklyn
Botanic Garden, Brooklyn Museum, and the internationally
acclaimed Brooklyn Academy of Music (BAM)
886
Macro Level Highlights:
Grub & Games, LeFrak Center at Lakeside - Opened December
2013. A signature element of Lakeside in Prospect Park is its food,
beverage and hospitality offerings including a full- service,
indoor/outdoor café — Grub & Games.
●Annual, year round operations including seasonal ice rinks
and attractions, catered events and a la carte service
●Featuring a full spectrum of dining options including light
bites, sandwiches, custom desserts, craft beers, wines and
specialty cocktails.
Celsius at Bryant Park Case Study
●Hosted hundreds of corporate and holiday events
each season
●Simultaneous retail a la carte service and corporate
catering events as well as multiple concessions on
property including Ice Bites concessions at the rink
●Hosted full venue buyouts and themed events
including Holiday Tree Lighting, New Year’s Eve and
Super Bowl parties
987
Macro Level Highlights:
Grub & Games, LeFrak Center at Lakeside - Opened December
2013. A signature element of Lakeside in Prospect Park is its food,
beverage and hospitality offerings including a full- service,
indoor/outdoor café — Grub & Games.
●Annual, year round operations including seasonal ice rinks
and attractions, catered events and a la carte service
●Featuring a full spectrum of dining options including light
bites, sandwiches, custom desserts, craft beers, wines and
specialty cocktails.
Grub & Games / Grub & Go at Lakeside Brooklyn Case Study
●Grub & Games includes catering services for groups,
parties, and special events and Grub & Go for quick
takeaway items and snacks.
●Hosts several hundred groups, corporate events and
outings and large scale public events each year
●Large retail dining area, indoor/outdoor concession
zones and multiple private party rooms for events
and catering
●Themed and seasonal food and beverage menu
options
1088
Macro Level Highlights:
Longshore Club Park, Westport - Opened summer 2021, Hook’d
on the Sound is a seasonal, full service concession located on
Compo Beach and at the Longshore Club Park across over 29-acres
in Westport, Connecticut.
●Includes multiple operations at the beach, golf course and
pool/tennis/ice rink centers.
●Seasonal, volume operations with temporary staffing needs
including during peak times and over holiday periods
●Staffing includes many local hires from the community
including high school and college aged staff
Hook’d on the Sound - Westport, CT Case Study
●Includes fresh, made to order menu items as well as
snacks, ice cream and beverages.
●Supplemental events and catering including golf
tournaments, corporate outings and ice rink birthday
parties
1189
Macro Level Highlights
Located in Manhattan Beach, CA
●Over 50,000 visitors - the largest stop on the Tour and the
epicenter of beach volleyball
●4-day full competition including Olympic athletes and
qualifiers
●Temporary/modular indoor/outdoor experience including
custom designed sponsor village, interactive area, and food/
beverage zones
●AVP First & Club VIP: Hospitality experience and courtside
seating with full service food and beverage options and
curated menus
AVP National Tour (Manhattan Beach, CA) Case Study
●Two-story VIP and Club Lounge featuring catered
buffet breakfast and lunch service as well as
dedicated alcoholic beverage service with themed
cocktails
●Custom fabricated and installed Kona Beer Garden
●Featured cash bars as well as sampling and
courtside table service
●Locally sourced temporary service and support staff
●Secure all DOH and SLA certifications and permits
1290
Table of Contents
Hours of Operation, Permits, and Safety
Daily Waterpark Hours
11:00 AM – 6:00 PM
Waterpark Summer 2025 Dates
●May 26, 2025
●May 31 and June 1, 2025
●Daily: June 7, 2025, through August 10, 2025
●Weekends Only: August 16, 2025, through
September 1, 2025
●September 6, through September 28, 2025,
rentals and buyouts as requested by renter
We will also operate on the following holidays
●Memorial Day: May 26, 2025
●Independence Day: July 4, 2025
●Labor Day: September 1, 2025
Any emergency need to close or shift hours for any reason
will be submitted to the City for approval.
Additionally, Legacy will not operate the concessions without all
proper insurance and certifications in place. This includes, but is
not limited to, having all staff obtain proper food handling
certifications, as well as obtaining all required liability insurance
coverage. Legacy prides itself on holding our operations to the
highest possible standard, and regularly receives full marks from
the health departments that oversee our food and beverage
operations.
All Legacy staff will be trained in appropriate safety and security
protocols, including relevant incident reports and instructions on
when to call for security or medical assistance. Emergency
procedures, such as what to do in the event of a fire or an
extreme weather event, will be implemented and pertinent
instructions will be clearly posted within the facility.
Legacy will operate the concessions during all agreed-upon hours and dates, as outlined within the RFP.
1391
Table of Contents
Staffing and Training
Legacy aims to deliver a premium concession experience at The Wave, knowing that exceptional service keeps customers
coming back. We are committed to diversity, equity, and inclusion, and prioritize hiring locally to build a reliable, engaged
workforce. We will assign a well-trained, experienced, and dedicated staff to manage the concession.
As with all our locations, we will hire a diverse group of employees who reflect the community and foster a welcoming
atmosphere for members and guests. This approach helps build relationships and drives community engagement, which we
believe is essential. We also prioritize hiring local, seasonal staff from the Dublin community, particularly local youth, who
bring energy, enthusiasm, and a positive attitude that enhances the overall atmosphere and customer experience.
Additionally, by offering seasonal summer positions to local youth, we provide valuable job opportunities that promote
skills and development.
Legacy will comply with all security requirements and will provide State and Federal Criminal Background Check for all
employees providing services,
Corporate Staff and Onsite Staff
The proposed staffing plan include the company's management structure, and the qualifications and experience of the management
personnel that will be directly involved in management of the Concessions.
Corporate Office:
Management and Administrative Staff Functions: Finance, Accounting, Human Resources and Marketing and Graphic Design
1492
Table of Contents
Key Personnel & Staffing Plan
General Manager:
Oversees all departments and ensures the concession operations align with regulations and company policies. Ensures customer
satisfaction, handles customer inquiries and manages feedback. Oversee the daily operations of the concessions, ensuring it runs
smoothly and efficiently. Monitor the cleanliness and presentation of the cafe including the dining areas and kitchen. Manage the
opening and closing procedures of the facility. Assist in the hiring and training of staff members and scheduling staff levels to meet
hours of operations and demand.
Shift Leads (1):
Responsibilities: Oversee the facility operations during their assigned shift. Act as the point person for staff, ensure customer
satisfaction and help maintain an efficient and safe workplace. Monitor staff performance and the guest experience.
Back of House & Kitchen Staff (2):
Responsibilities: Prepare food items, ensure cleanliness of the preparation area, and maintain food quality standards.
Concessions Attendant/Cashier (staffed as needed):
Responsibilities: handles orders, serves food & beverage ensures customer satisfaction. Has knowledge of menu items and allergens.
Handles customer transactions paying close attention to efficiency, and ensures accurate cash handling. Clearing tables, setting up
tables, restocking supplies, assisting with general maintenance and trash removal.
Janitorial Staff (1):
Responsibilities: ensures the concession area is clean, safe, and well-maintained in the proper state of cleanliness in all areas.
Staffing Adjustments:
Legacy will work closely with the City of Dublin and The Wave Waterpark staff to determine optimal staffing levels based on
attendance projections and historical data from past seasons at the waterpark.We will use radios or apps to keep staff connected for
quick issue resolution and redeployment. We will continuously assess staffing levels and performance to identify areas where
adjustments are needed, ensuring the right number of staff is in place to meet demand efficiently.
1593
Table of Contents
Customer Service Skills
●Management skills
●Ability to clearly and effectively and efficiently
communicate with customers.
●A welcoming and positive attitude towards
customers.
●Ability to handle customer complaints and
issues professionally
Food Handling and Safety
●Understanding of food safety regulations and
practices.
●Ability to maintain a clean and sanitary work
environment.
●Basic skills in preparing and handling
concession food items
Sales and Cash Handling/Point of sale
●Experience with operating cash registers and
handling transactions.
●Accuracy and precision in processing
payments and making change.
●If applicable, knowledge of mobile payment
apps.
●Ability to promote and upsell concession
items.
Training
●Prior experience in customer service, food
service, or retail is often preferred.
●Willingness to undergo on-the-job training and
learn new skills.
Dress Code/Uniforms
●All staff will be in co-branded and approved
attire to ensure uniformity across staff and to
satisfy all health code regulations. The uniform
will consist of weather-appropriate, professional
attire. No jeans or cut-offs will be allowed.
Shirts will be required at all times. Shirts will
not display obscene language or contain graphic
prints.
●Each staff member will have a lanyard or name
tag for further identification and customer
friendly facing interaction.
Staffing and Training
1694
Table of Contents
Sustainability, Equipment, and Upkeep
Legacy will maintain the highest sanitary conditions at all times. We strongly believe in implementing environmentally friendly
initiatives including recycling programs, reduction of single use plastics where possible, and reducing food packaging and waste.
We will implement a comprehensive food safety program covering proper handling, preparation, storage, and disposal of food
products to meet or exceed standards Board of Health of the City/State and compliance with all Permit requirements. We will meet
and comply with all applicable Federal, State, and/or local standards, health, sanitary food handling, and other regulations and laws
for meal preparation sites. As specified within the RFP, the City of Dublin will provide all utilities, waste management, as well as
repairs and preventative maintenance of the equipment provided by the City. Legacy will provide any additional equipment deemed
necessary, and will take responsibility for ensuring the proper usage and care of the facilities and equipment. Needed repairs and
maintenance will be communicated to the City by Legacy management. Replacement of City-owned equipment will be handled by
Legacy.
Legacy guarantees the thorough upkeep of all concessions facilities, and will maintain the highest sanitary standards as set forth by
Alameda County. This will include an end-of-season cleaning that details all aspects of the concessions and equipment. This will be
done in conjunction with the regular commercial cleaning provided by the City.
Daily cleaning responsibilities will include but are not limited to:
Pre-Opening Cleaning: Clean counters, service windows, and prep surfaces with sanitizer. Sweep and mop floors, restock sanitizing
supplies, and check equipment for cleanliness and functionality. Sanitize utensils, cutting boards, and grease traps as needed. Clean
and restock handwashing stations.
During Operations: Wipe counters and POS machines frequently, dispose of waste promptly, and sweep floors as needed. Wash and
sanitize utensils after use, keep prep areas clean, and monitor trash bins for timely emptying. Clean tables and chairs in dining areas
after each use.
Post-Closing Cleaning: Remove trash and mop floors with degreaser. Deep clean cooking equipment like grills and fryers, sanitize
refrigerators, and check for expired items. Wash sinks, shelving, and food storage areas. Disinfect counters, windows, and glass
surfaces. Restrooms and handwashing stations must also be thoroughly cleaned and restocked.
Closing Checklist: All surfaces and equipment must be sanitized, trash bins emptied, floors cleaned, supplies restocked, and the
facility secured.
1795
Stock Management, Records & Reports, POS System
Legacy will maintain accurate records of all incoming and outgoing inventory and conduct regular stock
counts to monitor levels, avoid shortages, and prevent overstocking. A reordering schedule will be
established by onsite management and overseen by Legacy corporate representatives. This schedule
will be based on usage patterns and sales data, with coordination with suppliers to guarantee timely
deliveries. Waste or expired items will be tracked and documented to minimize loss and improve
ordering practices. All stock will be stored in compliance with health and safety standards, with proper
labeling and temperature controls.
In order to guarantee best business practices and to provide the City with full transparency, Legacy will
document daily sales, inventory changes, and operational issues. Logs of kitchen and equipment
cleaning will be maintained as required by health regulations, and provided to the City to facilitate
necessary repairs or upkeep. Financial summaries, inventory status updates, and health inspection
outcomes will be provided weekly or monthly, with corrective actions noted. At the end of the season,
Legacy will prepare a comprehensive report covering sales, inventory usage, waste, and operational
feedback, including recommendations for future improvements.
Legacy will operate, a point-of-sale (POS) system that handles cash, credit, and digital payments while
tracking sales by category, including food, beverages, and birthday party packages.. The agreed upon
system utilized by Legacy will generate detailed sales reports to support daily, weekly, and seasonal
financial reporting and resolve transaction discrepancies. Access to the POS system and records will be
provided to the City upon request.
7
1896
Implementation Timeline
Hiring Process
❏February 2025:
Begin recruitment for seasonal staff, including kitchen
staff, cashiers, runners, and custodial roles. Advertise
job openings on local job boards, social media, and
community outreach platforms.
❏March 2025:
Conduct interviews and select candidates. Priority is
given to staff with food service experience and those
meeting the two-year experience requirement for
management positions.
❏April 2025:
Finalize hiring decisions and onboard employees.
Ensure all required food safety certifications are
obtained before April.
Menu and Operational Planning
❏January 2025:
Develop and finalize the concession menu,
incorporating diverse options including vegetarian and
vegan choices, as required. Include menu items
suitable for birthday party packages.
❏February 2025:
Test recipes and standardize preparation methods to
ensure consistent quality. Coordinate with suppliers
for food, beverages, and other inventory needs.
❏March 2025:
Complete pricing for menu items and ensure integration
with the point-of-sale (POS) system. Finalize logistics
for birthday party packages.
Staff Training
❏March 2025:
Develop a training program covering food safety, health
regulations, emergency protocols, and customer service.
Training should also include equipment operation and
POS system use.
❏Early April 2025:
Conduct initial staff training sessions onsite, allowing
employees to familiarize themselves with the
concession stand and equipment. Focus on team
coordination and service flow for peak hours.
❏Mid-April 2025:
Conduct a mock operations day to prepare for real
service conditions. Provide feedback to staff on
efficiency, teamwork, and compliance with health and
safety standards.
❏Late April 2025:
Schedule additional training for any new hires and hold
final readiness meetings to address any concerns before
the opening.
1997
Table of Contents
Group and Birthday Packages
Drawing on our success at other facilities where we’ve tailored packages for birthdays, schools, groups, community organizations,
both private and public, we are excited to bring a similar creative and innovative approach to The Wave Waterpark in Dublin, CA.
We have successfully scaled this model to accommodate groups ranging from small family gatherings to large community organizations,
to accommodate groups of all different sizes.
BIRTHDAY PARTY AND GROUP PACKAGES (example only)
• Park admission for up to (10) kids
• Park admission for up to (10) adult chaperones
• (1) party attendant
• Choice of (1) pizza platter or (1) chicken finger platter or
(1) veggie sliders platter or (1) grilled cheese platter or
(1) hot dog platter or (1) cheese burger slider platter
or (1) french fry platter
• Beverage Pitcher (Water, lemonade, orange juice,
apple juice, HI C, and iced tea pitchers)
• Soft Drink Pitcher (assorted sodas)
Additional add-ons:
• Special Gift
• Mini cupcakes & fresh fruit cups
All of our menus and packages will include gluten-free options as well as vegan and vegetarian alternatives to accommodate all
dietary needs. This includes gluten-free buns and plant-based cheese for sliders and sandwiches.
2098
Table of Contents
Marketing and Promotions
We have extensive experience customizing food and beverage offerings to suit events, guests, and local communities. At venues
similar to The Wave, we've successfully implemented strategies that engage guests, enhance the festive atmosphere, and boost
concession sales. Below is our proposed marketing approach tailored to The Wave’s requirements and vibrant environment.
Merchandise & Food Bundles
●Souvenir Cup Refills: Offer a branded Wave Waterpark cup with discounted refills throughout the day, encouraging guests to
carry it around while promoting the park.
●Snack & Merchandise Combos: Pair popular concession items (e.g., popcorn, ice cream bars) with small branded merchandise
like sunglasses or water bottles.
Engaging Loyalty Programs for Groups and Families
●Frequent Snack Card: Provide a loyalty card that rewards guests with a free snack or drink after a set number of purchases.
●Family Meal Discounts: Offer bundled deals for groups, such as a discounted package including drinks, snacks, and meals for a
family of four.
Healthy & Dietary-Friendly Options
We’ll cater to all guests by offering fresh and allergy-friendly options:
●Fresh Fruit & Smoothie Stands: Feature grab-and-go fruit cups, veggie sticks, and refreshing smoothies.
●Dietary-Friendly Options: Clearly label items for dietary needs, including gluten-free, dairy-free, and nut-free choices.
Eye-Catching Signage & Menu Displays
●Dynamic Menu Boards: Legacy will utilize the provided menus displays and menu software and implement quality, custom
signage. Design colorful, easy-to-read boards with sections for “Fan Favorites,” “New Items,” and “Daily Specials.”
●In-House Design: Legacy’s graphic design team will develop all signage and promotional materials, ensuring alignment with
the park’s branding. Approval will be obtained from the Parks and Recreation Director to maintain consistency.
2199
Table of Contents
Boxed Lunches and Catering Services
Legacy brings extensive experience in a wide range of catering services including for schools and camps Our team excels in creating
kid-friendly, fresh, and convenient meal solutions tailored to high-volume, fast-paced environments.
For schools and camps, we specialize in preparing nutritious and fun boxed lunches at our dedicated facilities that are prepared on site
and delivered on time. These meals are crafted to accommodate dietary preferences, including vegetarian, vegan, and gluten-free
options, for inclusivity for all guests.
Whether it’s a small birthday party or a busy day hosting school or camp outings, we’re equipped to prepare and deliver boxed
lunches that are not only delicious but also practical for active, family-friendly settings. Our current and past catering experience
includes:
●On-premise catering
●Boxed lunches
●Family-style, serve-yourself meals
●Off-premise catering
●Food stations
●Cocktail-style with passed or buffet-style hors d’oeuvres
●Action stations
●Food trucks
●Buffet stations
22100
Table of Contents
Insurance & Legal Qualifications
Legacy will obtain, maintain, and secure all food service licenses and permits as mandated by Federal, State, or local public health and
other authorities. We understand that the City will obtain the Alameda County Health Permit.
Legacy will secure an insurance policy as specified in the Request for Proposal. Before commencing any work, Legacy will obtain and
provide the City with Certificates of Insurance, demonstrating compliance with the minimum coverage requirements outlined in the bid
package.
Confirming our ability to meet the City’s Standard Consulting Agreement and insurance requirements. There are no exceptions.
23101
Table of Contents
Financial Fee Offer
Legacy proposes the following Concession Annual Lease Fee Payment offer to the City of Dublin for The Wave - Waterpark
Concessions Operations. In this proposal, we are responsible for operational expenses including but not limited to COGS, Labor,
Supplemental Equipment, Supplies and Insurance where applicable and as per the minimum requirements as outlined in the RFP.
ANNUAL LEASE FEE OFFER:
●Year 1: $50,000
●Year 2: $50,000
PAYMENT SCHEDULE:
●Legacy will be renting the concessions facility at a rate of $10,000.00 per month for five total months.
●50% due on the first Thursday of June ($25,000.00)
●50% due on the first Thursday of September ($25,000.00)
24102
Table of Contents
Financial Relationship and Financial Stability
Evidence of Financial Stability
Legacy Hospitality & Entertainment, LLC is committed to demonstrating its financial stability and capability to fund and execute the
proposed project. We have established a strong financial position with sufficient liquidity, and a history of responsible financial
management.
Key Financial Indicators:
●Liquidity and Cash Reserves:
○We maintain a healthy cash reserve with a current balance of +$2M in our operating account. This reserve is sufficient to
cover project expenses and contingencies without impacting our day-to-day operations.
●Creditworthiness:
○We have established and maintained strong relationships with our financial institutions and suppliers, ensuring access to
credit facilities and favorable terms.
●Financial Management Practices:
○Our company employs stringent financial controls and practices, including regular audits, financial reviews, and
compliance with all applicable financial regulations and reporting standards. We have a dedicated financial management
team with extensive experience in overseeing and managing project budgets.
We have the necessary financial resources, stability, and management expertise to support the proposed project from inception to
completion. We are fully capable of funding the proposal and ensuring its successful execution while maintaining our financial
integrity and operational efficiency.
For any further details or to review our financial statements, please feel free to contact us.
25103
Table of Contents
Conclusion
Thank you again for the opportunity to present our proposal for the Concession Services at The Wave, located at Emerald Glen Park.
We hope that we have captured the core elements and deliverables as outlined in the RFP. With 20 years of experience managing
diverse food and beverage operations for large-scale events, including permanent and temporary concessions, we are eager to bring
similar successes to The Wave working closely with the City of Dublin to develop a strong foundation and quality concession
experience.
Should we be selected, proposed next steps include:
❑Align on Strategy and Approach
❑Refine Project Goals and Partnership Objectives
❑Finalize Layout and Equipment Needs
❑Review Budget Financials
❑Set Follow-up Meeting to discuss Overall Project, Logistics, Financials, and Business Structure
We hope that our enthusiasm and expertise for this project has filtered off these pages and that we may have the opportunity to
continue the conversation.
We appreciate your time and consideration!! Thank you.
26104
References
We are pleased to provide the following references, which showcase our successful track record of delivering high-quality solutions
and meeting the needs of our valued clients. Please include a brief description of the work performed and the role your
concessionaire performed.
Company Name:
Rich Entertainment Group
Name: Kevin Parkinson
Title: Vice President/Operations &
Finance
Address:44 Prime Street
Buffalo, NY 14202
Tel: 716-440-8919
Email: KParkinson@rich.com
Company Name:
Westport Parks & Recreation
Name: Rick Giunta
Title: Interim Director
Address: 260 Compo Road South,
Westport CT 06880
Tel: 203-341-5089
Email: rgiunta@westportct.gov
Company Name:
Town Square Consulting
Name: Jerome Barth
Title: Previous VP, Operations at Bryant
Park
Address: 16 East 52nd St., Suite 302
Tel: 212-265-1310
Email:jbarth@townsquarecorp.com
27105
PROPOSAL FOR THE CITY OF DUBLIN
CONCESSIONAIRE FOR THE WAVE WATER PARK
BY PACIFIC COAST ENTERTAINMENT GROUP LLC
DBA REBEL KITCHEN & LIBATIONS
2369 FIRST ST LIVERMORE CA 94550
REBELKL.COM
GIANNI SCHELL 925 -705-1464
GIANNI@REBELKL.COM
106
Introduction:
Thank you for giving Paciflc Coast Entertainment Group LLC DBA Rebel Kitchen & Libations
the opportunity to renew our contract with the City of Dublin to continue to run
concessions at the Wave Water Park. We have been running The Wave Concessions
successfully for the last 5 years, steadily increasing sales year over year and have an
excellent team of employees who know the business and return every year.
We have been successfully running several restaurant concepts in downtown Livermore for
15 years at Rebel Kitchen & Libations (we just had our 15 anniversary) and our latest new
concept, The Black Cat. Additionally, we have been doing special events offsite for
festivals and concessions for 20+ years. We will talk more about our experience later.
Most of our team from last year will be returning so we will be ready to start the season with
an experienced veteran crew. Several of our staff have been with us all four seasons and
know that facility, our processes and systems very well. I believe this gives us a leg up on
any other bids as our experience translates directly to the Wave facility. There are quite a
few nuances and challenges with the facility that we have learned to navigate over the last
four years. This allows us to run at peak efficiency for maximum sales and shorter wait
times.
Qualifications and Experience:
We successfully won the bid to run concessions in 2020. However, due to Covid 19 we lost
that season. We started operations in 2021 navigating the rules that were in place due to
the pandemic.
That flrst year we learned a lot. The size of the facility, the number of windows and the
amount of cooking equipment for the number of people in the park presented some
challenges. Especially with having 5-6 birthday parties at a time and having to sometimes
have 100 burgers, sides and drinks ready to go between noon at 1pm with a line at the
window for the general public.
We were able to come up with systems to be ready for the birthday parties and a busy day
at the park. To give you some perspective, the fiat top grill that we cook burgers on only
allows us to cook about 20 burgers at a time. But with a system in place, time
107
management and bringing in some additional equipment at our own cost we have been
able to successfully manage operations.
Our biggest issue was having no way to keep food warm and having to cook to order. We
knew we needed a large electric warmer that could hold a large quantity of food. We came
out of pocket $1500 and bought a large electric food warmers to store and keep food warm.
That way when a customer ordered food, the staff could simply grab a burger out of the
warmer that was ready to go as opposed to cooking to order. The warmer allows us to hold
over 100 burgers and other items at health dept required temperatures.
Having 4 years under our belt has given us the experience to run the concessions smoothly
and efficiently. Every year we learn more and more and come up with better systems to get
better and better at what we do, including spending many thousands of dollars on our own
dime for new equipment as well as making recommendations to the city to improve its
inventory of equipment. For example, the facility had small tabletop fryers that were
completely inadequate for high volume during the 2021 season. When asked how we
could improve ticket times the number one thing besides us purchasing the large
commercial warmers was to have commercial grade large deep fryers. The Wave approved
our recommendation and purchased a large commercial fryer. It would take us 4-5
minutes to cook a small batch of French fries (2-3 orders) with the old tabletop versions.
Now we can cook a large batch of fries (7-8 orders) in just 1-2 minutes. It also gave us the
ability to offer chicken tenders, which now has become our number one seller.
We have a great relationship with The Wave Staff and management team. Our constant
communication with them has been integral to smooth operations. It been an absolute
delight to work with Dustin and Taralyn and the rest of the Wave team over the years. We
have excellent communication with them and have forged a cohesive working relationship.
Could not ask for better partners in this endeavor. We have constant contact with Wave
management, front desk and Wa ve staff running birthday parties through a variety of group
chats that we have set up via text.
One of our greatest assets is our experience in the industry. We are not a small café, food
truck or small catering company. We have run 3 successful restaurant concepts in
Livermore over the years. Our main stay has been Rebel Kitchen & Libations at 2369 First
St. We have been at that location for 15 years on Dec. 4. We are a high-volume busy
establishment cooking American-California Cuisine. Additionally, we had another
concept we owned from 2016-2019 called Pura Vida Cocina Latina. We sold this the end of
2019. Most recently we opened a new location in Livermore called The Black Cat which
has elevated small plates and natural wine.
Up until 2020 we also owned and operated an offsite special events company focused on
large corporate events, festivals, and weddings. We also ran concessions at CALs
Memorial Stadium from 2015-2018 for Cal Football games. Unfortunately, the pandemic
108
caused us to close that portion of our business. However, this has allowed us to focus only
on The Wave Concessions during the busy summer months. This deflnitely played a part in
us deciding not to reopen our special events business. We have chosen to focus on our
restaurant concepts and The Wave.
Our brick-and-mortar restaurants give us a tremendous advantage over say a small
catering company, food truck or café. We have so many resources available to us in the
way of staff, equipment, buying power and flnancial stability.
Here are some examples:
Staff: If we are short staffed for any reason due to people calling in sick or other reasons,
we have staff at both restaurants that are ready, willing and able to cover shifts.
Equipment/Supplies: If we are ever short on product or equipment due to items being back
ordered and out of stock or just simply a very busy weekend, we are able to run to our
restaurant to grab reinforcements.
Buying power: We buy a ton of food from our distributors. Because we purchase at a high
volume, we are able to get additional deliveries when some restaurants cannot, and we are
given priority for deliveries. An example would be the burger we use both at The Wave and
Rebel. They set aside 20 cases a week for us every week regardless of how much stock
they have. They may only have 20 cases left for the week and those are set aside for us
prioritized over other restaurants.
Financial Stability: We have a $50,000 cash reserve set aside for The Wave. In the event
there is a very slow week we are not dependent on that week’s sales to order additional
products or equipment when needed. In this business a slow week can cause a $5000 to
$10000 negative cash fiow in a given week with payroll and other expenses. This could
ultimately cause a company that does not have the right resources to place smaller orders
that might not meet the needs of that weekend due to poor cash fiow.
The coming season:
Every year we strive to improve the experience over the previous year. I think this is shown
in the year-over-year increase in sales at The Wave. We have increased both sales and the
number of birthday parties serviced. I can tell you from experience the size of the facility
and just two windows presents its challenges on a very hot day when it’s busy. But we have
improved every year and put systems in place to improve waiting times. Any new company
that comes in would be overwhelmed with long wait times until they get a year or two under
their belt to flgure it out. We have a plan for this coming year to improve wait times even
more.
109
We have always wanted to set up a tent outside serving some beverages and snacks to
basically give us a 3rd location to ring up customers to take some pressure off the two
windows. We have not been able to do so because of the current limitations of the POS
system. They system in place “Square” is probably about 7 years old. The system was
designed to be all encompassing for retail, mobile vendors and restaurants. It’s
serviceable but does have its limitations. It can be slow at times and is just not an efficient
system. Additionally, because we have a large standalone terminal it has not given us the
ability to have another terminal outside. We experimented with an IPAD outside, but we
had to use The Wave Wi-Fi and when it was busy it did not work.
This year we already have committed to spending $2000 on a new POS system out of our
own pocket. The system is called Toast and is what we use at both restaurants. It is the
best system out there with incredible equipment and software that will only make the
customers experience faster, leading to getting to more customers quicker. Even a 15
second delay because of equipment and software can add up to long wait times over the
course of a day.
Toast has mobile handheld units that use a dedicated bandwidth on any Wi-Fi network
with its own router that will allow us to run transactions outside in the tent to basically give
us a third option or window. Many customers who just want a bottle of water and say a bag
of chips must wait in line currently. Having the tent with some quick beverage and snack
options what will allow those folks to quickly grab an item and not have to wait in line for
hot food. We intend to purchase a large 10 x 10 heavy-duty pop-up tent that will be
anchored and sit to the right of concessions if you are looking at the windows. That will be a
game changer for us and really help cut down on the wait. It basically give us a third
window.
I don’t think we will need this option, but the system also allows us to text customers
when their food is ready if there is a long wait. As it stood this year, wait times were better
than ever. Only on the really hot Saturdays/Sundays did we have some long lines, which is
just unavoidable when the park is very packed on a hot day. The outside tent will just help
so much. We would like to sell bottled beverages, chips, candy and other snacks at the
outside tent.
Fees and Payment to the City of Dublin:
We understand the new price schedule for rent of $25000 for the season with 50% due in
May. This is acceptable and we are able to make the flrst payment upon acceptance of us
for the coming season. We can make that payment as soon as January if need be.
110
However I would like to propose the possibility of an additional payment. Our past
payment schedule was 5% revenue share to the City of Dublin on the flrst $200,000 in
revenue and 7% on any additional revenue above $200,000.
I propose that we pay a minimum of $25,000 in rent/fees as proposed by the City of Dublin
but in the event that if rent/fees be greater than $25,000 under the old percentages that we
pay that difference. At the end of the season if the fees would have been more than
$25,000, we would pay that additional fee. This is not out of the realm of possibility at all
especially with the tent as a third option for customers to purchase items.
Staff:
First off you get me Giann Schell the owner of the business. I am very involved in the daily
operations at The Wave. I work closely with my manager on training, scheduling, ordering
and all operations. You can count on me to continue to be very involved in all aspects and
operations at The Wave.
I have one of my managers at Rebel Kitchen taking over the reigns this year as my general
manager at The Wave. Arianna Burns has worked at both Rebel and the Wave the last 2
years. She has 7 year’s experience in the industry and is one of my top performers.
Additionally, my kitchen manager Emilio Renteria is coming back. He has been with us at
The Wave all 5 seasons. He handles all the kitchen responsibilities including ordering, day
of management and handles all the preparations for the birthday parties.
Beyond my management team out of the 15 employees I have received commitments for
11 to come back. We will have a solid experienced team that is familiar with all operations
at the Wave including the birthday parties. We will be able to hit the ground running from
Day 1 with a veteran team returning.
Licensing/ Insurance/Permits:
We currently have our City of Dublin business license. We have also been able to satisfy
The City of Dublin and The Wave’s insurance requirements all 5 seasons including adding
them as additional insured and will continue to do so.
We also hold our own health permits at both restaurants holding a letter grade of “A “at
both locations. We also passed the health inspections annually at The Wave by the health
dept with fiying colors.
111
Conclusion:
I truly feel that we have an advantage over anyone else bidding on this project because of
our experience running it the last 5 years. That facility is quite the challenge. Even with our
vast restaurant and special event experience there was a lot to learn. You can bring in the
most experienced company who has experience in stadiums and festivals and there will
undoubtedly be a learning curve of at least a year maybe two. The birthday parties and
large amount of food that needs to be ready at an exact time with an already busy park is a
very unique challenge that most companies have never dealt with.
We have most of our team coming back from last year and we are ready to hit the ground
running. With our additional expenditures on even more equipment and a new POS
system we are predicting shorter wait times and increased sales.
I think one of our greatest assets is that we are a family run local business. Both of our
restaurants are in Livermore and I myself live in Pleasanton. All of our staff live locally in
Dublin, Livermore and Pleasanton. We are not a huge corporate conglomerate, just some
local folks running local businesses.
We look forward to the opportunity to continue to partner with the City of Dublin and The
Wave to operate concessions in the coming year.
References:
LaShawn Butler: 951-235-3356
Retired City of Dublin Director of Parks & Recreation
Gabe Villanueva: 408-375-3509 Gabev44@gmail.com
Director of Operations CALs memorial stadium. Gabe was our contact and direct report
when we operated the bars for football games and other events.
Kelly McCartney 510-549-1000 Kelly@Bancrofthotel.com.
We have provided bartenders and servers on an off for 12 years of the Bancroft Hotel in
Berkeley. I believe we started running their bar operations in 2008 for special events and
servers to help set up buffets or for sit down dinners. They eventually hired there own in
house staff. There were occasions where they would hire 20 staff at time for multiple event
both in house and offsite.
112