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HomeMy WebLinkAbout4.8 First Amendment to Concessions Facilities Agreement with Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & LibationsSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.8 DATE:December 7, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:First Amendment to Concessions Facilities Agreement with Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & Libations Prepared by: Danny Weber, Recreation Supervisor EXECUTIVE SUMMARY: The City Council will consider approving the first amendment to the Concession Facilities Agreement between the City of Dublin and Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & Libations for operation of concession services at The Wave Waterpark for the 2022 and 2023 waterpark seasons. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Concession Facilities Agreement between the City of Dublin and Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & Libations for operation of concession services at The Wave Waterpark for the 2022 and 2023 waterpark seasons. FINANCIAL IMPACT: Pacific Coast Entertainment Group operated concession services at The Wave Waterpark for the 2021 waterpark season, generating $183,928.13 in gross revenue with 5% ($9,9196.41) paid to the City. If the amendment is approved, PCE will continue to pay the City 5% of annual gross sales from $1 - $200,000 and 7% of the incremental gross sales at $200,001 and above. DESCRIPTION: On October 20, 2020 the City Council approved an agreement between the City of Dublin and Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & Libations (PCE) for concession services at The Wave Waterpark for the 2021 waterpark season. During the 2021 waterpark season, PCE operated the concession services delivering quality service and food and beverages to the public. Patrons of the waterpark shared their satisfaction with the menu and offerings. 166 Page 2 of 2 The first amendment extends the agreement term through October 31, 2023 and allows the agreement to be extended on a year-to-year basis for up to five years, upon the written consent of the concessionaire and the City Manager. In addition, the schedule and equipment list has been updated to reflect new dates and hours for the 2022 and 2023 seasons. Staff recognizes the many benefits that can be gained by continuing to outsource concession operations at The Wave Waterpark, including management expertise, purchasing power, and menu flexibility. As such, Staff recommends approving the first amendment with PCE for the 2022 and 2023 seasons. STRATEGIC PLAN INITIATIVE: None NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the First Amendment to the Concession Facilities Agreement with Pacific Coast Entertainment LLC DBA Rebel Kitchen & Libations 2) Exhibit A to the Resolution – First Amendment to Concessions Facilities Agreement with Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & Libations 3) Concessions Facilities Agreement 167 Attachment 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE CONCESSION FACILITIES AGREEMENT WITH PACIFIC COAST ENTERTAINMENT LLC DBA REBEL KITCHEN & LIBATIONS WHEREAS, the City owns concession facilities at the Recreation and Aquatic Complex at 4201 Central Parkway, Dublin, CA Emerald Glen Park-The Wave Waterpark (The Wave); and WHEREAS, as part of the City’s parks and community services for its citizens, the City makes snacks, food, and refreshments conveniently available to its park users at The Wave; and WHEREAS, the City believes it is beneficial to utilize a third party to operate the concession facilities in an effort to offer high quality services to visitors of The Wave; and WHEREAS, on October 20, 2020 the City Council approved an agreement with Pacific Coast Entertainment LLC DBA Rebel Kitchen & Libations (PCE) for concession services for the 2021 waterpark season; and WHEREAS, during the 2021 season at The Wave, PCE demonstrated their ability to deliver quality service, food, and beverages to the public, and patrons of the waterpark shared their satisfaction with the concession menu and offerings; and WHEREAS, the City of Dublin now wishes to amend the agreement with PCE to extend the term to October 31, 2023 and allow for extensions on a year-to-year basis for up to five years, upon the written consent of PCE and the City Manager; and WHEREAS, under the amended agreement PCE will continue to pay the City 5% of gross sales between $100-$200,000 and 7% of gross sales at and above $200,001. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the first amendment to the agreement between the City of Dublin and PCE, Inc.attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreement and make any other modifications as necessary to carry out the intent of the Resolution. PASSED, APPROVED AND ADOPTED this 7th day of December 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 168 Attachment 1 ______________________________ Mayor ATTEST: _________________________________ City Clerk 169 ATTACHMENT 2 Page 1 of 4 FIRST AMENDMENT TO CONCESSION FACILITIES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PACIFIC COAST ENTERTAINMENT GROUP LLC DBA REBEL KITCHEN & LIBATIONS WHEREAS, on October 20, 2020 the City of Dublin (hereinafter referred to as "CITY") and Pacific Coast Entertainment Group LLC DBA Rebel Kitchen & Libations (hereinafter referred to as "CONCESSIONAIRE ") entered into a Concession Facilities Agreement to serve snacks, food, and refreshments at Emerald Glen Park - The Wave Waterpark (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the CITY is satisfied with the services provided by the CONCESSIONAIRE. WHEREAS, both the CITY and CONCESSIONAIRE desire to maintain the same scope, conditions, and services as agreed to in the AGREEMENT. WHEREAS, the CITY and CONCESSIONAIRE now wish to amend the AGREEMENT to extend the term for two years, to authorize the City Manager to renew on an annual basis, and to amend the Exhibits. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 shall be rescinded in its entirety and replaced with the following: Term. The term of this AGREEMENT shall begin the Effective Date and shall end on October 31, 2023, unless otherwise terminated as set forth in Section 9, or if extended by the mutual written consent of the Parties. Notwithstanding the foregoing, this AGREEMENT may be extended on a year to year basis for up to five (5) years, upon the written consent of CONCESSIONAIRE and the City Manager, provided that the percentage paid to CITY, as reflected in Section 3, does not change. None of the foregoing shall affect the CITY’S right to terminate the AGREEMENT as provided for in Section 9. 2) Schedule 2 is hereby deleted in its entirety and replaced to read as shown in Schedule 2 to this Amendment. 3) Section 4(C) shall be rescinded in its entirety and replaced with the following: Food Concessions Only. 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. CONCESSIONAIRE may use CITY equipment listed on the Equipment Inventory List attached as Schedule 2. Any other materials or equipment must be provided at the sole expense of CONCESSIONAIRE. Schedule 2 may be amended from time to time upon mutual written consent of the CONCESSIONAIRE and the City Manager, and the parties agree that any approved updates to Schedule 2 shall be incorporated herein. 170 ATTACHMENT 2 Page 2 of 4 4) Section 11 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this AGREEMENT, CONCESSIONAIRE shall be an independent contractor and shall not be an employee of the CITY. This AGREEMENT shall not be construed as an AGREEMENT for employment. CITY shall have the right to control CONCESSIONAIRE only insofar as the results of CONCESSIONAIRE 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 CONCESSIONAIRE accomplishes services rendered pursuant to this AGREEMENT. CONCESSIONAIRE further acknowledges that CONCESSIONAIRE 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 CONCESSIONAIRE 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, CONCESSIONAIRE 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. 5) The following shall be incorporated into the AGREEMENT: Nondiscrimination and Equal Opportunity. CONCESSIONAIRE 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 CONCESSIONAIRE under this AGREEMENT. CONCESSIONAIRE shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this AGREEMENT. 6) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 171 DocuSign Envelope ID: D149AD59-E8A6-47AA-A0E1-2320682C6E8E ATTACHMENT 2 Page 3 of 4 7) All requisite insurance policies to be maintained by the CONCESSIONAIRE pursuant to the AGREEMENT, as may have been amended from time to time, shall include coverage for the amended term, as described above. 8) The individuals executing this Amendment and the instruments referenced in it on behalf of CONCESSIONAIRE each represent and warrant that they have the legal power, right and actual authority to bind CONCESSIONAIRE to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE 172 DocuSign Envelope ID: D149AD59-E8A6-47AA-A0E1-2320682C6E8E ATTACHMENT 2 Page 4 of 4 _________________ ______________ IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN PACIFIC COAST ENTERTAINMENT GROUP LLC DBA REBEL KITCHEN & LIBATIONS By: By: Linda Smith, City Manager Gianni Schell, Manager and Partner Dated: ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By: City Attorney 5011657.1 173 ATTACHMENT 2 174 ATTACHMENT 2 175 CITY OF DUBLIN PARKS AND COMMUNITY SERVICES DEPARTMENT CONCESSION FACILITIES AGREEMENT This CONCESSION FACILITIES AGREEMENT (“Agreement”) is made by and between the CITY of DUBLIN (“City”) and PACIFIC COAST ENTERTAINMENT GROUP LLC DBA REBEL KITCHEN & LIBATIONS (“Concessionaire”), (together sometimes referred to as the “Parties”) as of October 20, 2020 (the “Effective Date”). RECITALS: WHEREAS, City owns concession facilities (the “Facilities”) at the Recreation and Aquatic Complex at 4201 Central Parkway, Dublin, CA Emerald Glen Park-The Wave Waterpark (the “Wave”); and WHEREAS, as part of City’s parks and community services for its citizens, City desires to offer snacks, food and refreshments conveniently available to its park users at the Wave; and WHEREAS, City desires to have a third-party operate the Facilities in an effort to offer high quality food and refreshments for visitors to the Wave; and WHEREAS, Concessionaire desires to operate the concession facility at the Wave. Now therefore, the Parties agree as follows: 1. Facility. The concession facility, as shown on Exhibit A is located at The Wave Waterpark at Emerald Glen Park, 4201 Central Parkway, Dublin, CA. 2. Term. The term of this Agreement shall begin on the Effective Date and shall end on October 31, 2021, unless earlier terminated as set forth in Section 9, or if extended by the mutual written consent of the Parties. 3. Fees. Concessionaire agrees to pay City a percentage of the gross sales resulting from conducting business at the Wave as follows: Gross Sales Percentage Paid to City $1.00-$200,000 5.0% $200,001 + 7.0% A. Weekly Sales Count. During the term of the Agreement, Concessionaire will share with City, on a weekly basis, its sales count. B. Payment of Percentage of Gross Sales. Payments to the City, as described above, shall be made on a monthly basis, no later than the 15th of the month following the month for which payment is contemplated. (i.e. July payment will be made no later than the 15th of August)          ATTACHMENT 2 176 4. Use. A. Scope of Services. When the Wave and the Facilities are open to the public, the Concessionaire shall provide services, as set forth in the Scope of Services attached as Exhibit B, during normal business hours of the Wave, or at other times as determined by the mutual consent of the Parties. Wave hours and dates are attached hereto on Schedule 1 and are subject to change at any time per the City’s sole discretion. B. Public Health Closures or Delays. The City reserves the right to close, or to delay the opening of, the Wave and/or the Facilities at any time without notice, if such closure or delay is deemed necessary due to an emergency or is in the interest of public health and safety. The City shall have no liability whatsoever for any Concessionaire costs or damages incurred because of any said closure or delay. The Concessionaire hereby waives any claim or right to any costs, damages, or loss of income or business resulting from said closure or delay. C. Food Concessions Only. 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. Concessionaire may use City equipment listed on the Equipment Inventory List attached as Schedule 2. Any other materials or equipment must be provided at the sole expense of Concessionaire. D. Subcontracting. Assignment. Concessionaire may not subcontract any portion of the concession operation without the City’s prior written consent. Concessionaire may not assign, sublease, or transfer any of its rights under this Agreement without the City’s prior written consent. E. Keys and Locks. 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. Before receiving any keys to the Facilities, Concessionaire shall pay a refundable $500 key deposit with City. 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. F. Prohibited Items. Alcoholic beverages, glass bottles or containers. G. Product Brands. Should City enter into an agreement with a beverage distributor, City may require Concessionaire to sell that distributor’s products preferentially or exclusively. H. Signs. 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. I. Costs. Concessionaire shall bear all costs of operation, except as set forth otherwise in this Agreement. 5. General Commercial and Auto Insurance. Prior to City’s execution of this Agreement, Concessionaire shall obtain, and thereafter maintain during the term of this Agreement general commercial liability insurance an amount not less than $2,000,000 and automobile liability          ATTACHMENT 2 177 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 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 the use of owned and non-owned automobiles. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Concessionaire, products and completed operations of Contractor; premises owned, occupied, or used by Concessionaire; and automobiles owned, leased, or used by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The above-mentioned language regarding additional insureds shall be included in the insurance coverage or added as an endorsement to the policy. Prior to beginning any work under this Agreement, Concessionaire shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Concessionaire 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 Concessionaire beginning work, it shall not waive the Concessionaire’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. Concessionaire shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. Workers’ Compensation Insurance. Concessionaire 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 Concessionaire. 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, Concessionaire 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 City. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Concessionaire, its employees, agents, and subcontractors. 7. Unemployment Compensation. Concessionaire shall be solely responsible for the unemployment compensation payments on behalf of their employees and personnel. Concessionaire shall not be entitled to unemployment compensation in connection with the services set forth in Exhibit B.          ATTACHMENT 2 178 8. Indemnification. Concessionaire 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 Concessionaire’s performance of under this Agreement 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 Concessionaire’s obligation to defend and indemnify shall not be excused because of the Concessionaire’s inability to evaluate Liability or because the Concessionaire evaluates Liability and determines that the Concessionaire is not liable to the claimant. The Concessionaire 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 Concessionaire 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 Concessionaire 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 Concessionaire accepts or rejects the tender of defense, whichever occurs first. In the event that Concessionaire or any employee, agent, or subcontractor of Concessionaire 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, Concessionaire shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Concessionaire 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. 9. Termination. This Agreement may be terminated by City at any time for convenience by providing Concessionaire with thirty (30) days’ notice or upon twenty-four (24) hours verbal notice in the event City determines the public’s health, safety or welfare requires such action. The Agreement may be terminated by Concessionaire if City is in breach of any provision of this Agreement, and fails to cure the breach within sixty (60) calendar days after receiving notice of the breach. 10. Business Registration. Concessionaire understands that the activity described herein constitutes doing business in the City of Dublin and agrees to register its business pursuant to Chapter 4.04 of the Dublin Municipal Code. In the event of a dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 11. Independent Contractor Status/Contractor Not an Agent. At all times during the term of this Agreement, Concessionaire shall be an independent contractor and shall not be an employee of City. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Concessionaire 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,          ATTACHMENT 2 179 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. Except as City may specify in writing, Concessionaire shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Concessionaire shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. In its capacity as an independent contractor, Concessionaire agrees and represents: Concessionaire agrees to pay City a percentage, as outlined in Section 3, of the annual gross sales resulting from conducting business at the Wave; Concessionaire has the sole right to control the means, manner, and method by which the services under this Agreement will be performed; Concessionaire has the right to hire or to use its employees to provide the services required under this Agreement. Concessionaire is responsible for all expenses related to providing the services outlined in Exhibit B including, but not limited to, food, refreshments, related equipment, and business costs; neither the Concessionaire nor its employees or personnel, are required to wear City uniforms; Concessionaire has the right to perform the same or similar services for others during the term of this Agreement and maintains an active clientele; and Concessionaire is not receiving remuneration from the City for the services provided. 12. General Compliance with Laws. Concessionaire shall at all times observe and comply with all laws, ordinances and regulations, including all health and safety regulations and public health orders. 13. Authority. The individuals executing this Agreement on behalf of Concessionaire each represent and warrant that they have the legal power, right and actual authority to bind Concessionaire to the terms and conditions hereof and thereof. 14. Notices. Service of any notices shall be sent as follows: Any written notice to Concessionaire shall be sent to: Gianni Schell, Manager and Partner Pacific Coast Entertainment Group LLC, DBA Rebel Kitchen and Libations 2369 First St. Livermore, CA 94550 Any written notice to City shall be sent to: City of Dublin Att: Andrea Mendez 100 Civic Plaza Dublin, CA 94568 15. Successors and Assigns. This Agreement shall bind City and its successors, and Concessionaire and its heirs, successors and assigns. Concessionaire shall not assign this Agreement, or any part, without City’s prior written consent. or modified by the Parties’ mutual written consent.          ATTACHMENT 2 180 16. Modifications. This Agreement may only be amended or modified by the Parties mutual written consent. 17. Integration. This is the entire agreement of the Parties and each acknowledges that no oral promises, representations or warranties have been made to the other. 18. Venue and Jurisdiction. Any action at law or in equity brought by either of the Parties to enforce a right or rights under this Agreement shall be tried in a court of competent jurisdiction in the County of Alameda, State of California, and the Parties waive all provisions of law to change the venue to any other county. 19. Attorneys’ Fees and Costs. 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. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed the day first written above. CITY OF DUBLIN Pacific Coast Entertainment Group LLC Linda Smith, City Manager Gianni Schell, Manager and Partner Attest: Marsha Moore, City Clerk Approved as to Form: John Bakker, City Attorney 3569252.1          ATTACHMENT 2 181 EXHIBIT A          ATTACHMENT 2 182 EXHIBIT B SCOPE OF SERVICES 1. The Vendor will not use any equipment or provide Food Services at the Water Park for any other purpose or operation not specified herein. 2. At the end of the season and upon termination of the Agreement, the Vendor shall return the Facility to the City in the same condition as existing at the time of entering into the Agreement, reasonable wear and tear excepted. 3. During the term of the Agreement, the Vendor shall assume full liability for any repairs, loss, damage or destruction to the Facility which is due to the fault or negligence of the Vendor or the Vendor’s agents or employees. 4. Except for the items included within “Concession Equipment” the Vendor shall be responsible for providing all food service equipment required to successfully operate Food Services, which shall include a cash register capable of accepting credit cards and printing receipts. At the end of the season and upon termination of the Agreement, the Vendor shall return all City-owned equipment to the City in the same condition as existing at the time of entering into the Agreement, reasonable wear and tear excepted. 5. At the end of the season and upon termination of the Agreement, the Licensee shall empty and clean all food storage areas, including the Freezer/Refrigerator within thirty (30) days of the end of the season and/or termination of the Agreement. 6. Should any of the City-owned equipment break or malfunction, the Vendor shall immediately notify the Recreation Supervisor to arrange for repairs. In the event any of the City-owned equipment breaks beyond repair as determined in the sole discretion of the City, the Vendor shall be responsible for providing a like-kind replacement at no cost to the City. Any of said equipment replaced by the Vendor shall become property of the Vendor. 7. The Vendor shall be responsible for providing and maintaining all service ware, uniforms, linens, disposable products, signage, menus and laundry services. 8. The Vendor shall always observe and comply with all federal, state, county, and local laws, ordinances and regulations with regard to Food Services operations, and to all matters affecting the public and employees. 9. The Vendor shall be solely responsible for maintaining the Facility, Freezer/Refrigerator and equipment in a clean sanitary manner in          ATTACHMENT 2 183 EXHIBIT B (CONT.) 10. accordance with the highest industry standards and in full compliance with all the rules and regulations associated with the Alameda County of Environmental Health (“Health Department”). 11. The Vendor shall be responsible for obtaining all licenses and/or permits required to comply with all City, county, state and federal sanitation laws, codes and regulations with regard to Food Services operations including Food Handlers Permit. 12. Any health inspection is to be coordinated with City staff. 13. The Vendor shall report the outcome of any and all inspections by the City, Health Department or other regulatory agency. Deficiencies reported shall be promptly corrected by the Vendor and communicated to the City. 14. The Vendor 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 Vendor 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. 15. Throughout the term of the Agreement, the Vendor shall be solely responsible for the security of the Facility and all other areas under the Vendor’s supervision. Further, the Vendor 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. 16. Subsequent to approval by the City, the Vendor shall be authorized to display its logos at designated locations within the food service area of the Water Park. 17. The Vendor shall have a licensed Certified Food Service Manager on-site at all times while providing Food Services. Said Manager shall have a minimum of two (2) years of experience in operating similar food services. 18. The Vendor will at the conclusion of the season, perform a full and detailed cleaning of the facility to include but not limited to the following: a. Removal of all food and supplies b. Clean all appliances (inside and out) c. Degrease and steam clean range hood d. Clean all hood filters and ducting system e. Machine scrub tile flooring f. Clean and sanitize all counters and shelving g. Remove any food and clean all refrigerators and freezers h. Clean all ceiling vents and fans          ATTACHMENT 2 184 EXHIBIT B (CONT.) i. Scrub, degrease and rinse exterior concrete entrance sidewalk j. Clean all windows (inside and out) washing all exposed glass, wipe all frames, sills, and ledges k. Clean all baseboards and walls l. Move all equipment on wheels to access and clean the walls and floors underneath and behind          ATTACHMENT 2 185 SCHEDULE 1 Concessions will operate daily during the waterpark season with the following schedule: Daily Waterpark Hours x 11:00AM-6:00PM Waterpark Dates x Daily: May 29 - August 8 x Weekends Only: August 14 - September 6 (including Labor Day) Open on the following holidays: x Memorial Day, May 31, 2021 x Independence Day, July 4, 2021 x Labor Day, September 6, 2021 The Waterpark hours are 11:00am to 6:00pm, with concessions opening at 11:00 am and closing at 5:45 pm daily. Concessions will assist in providing an enjoyable experience to park guests while attending the waterpark with food and beverage options made available for purchase. With the exception of water, patrons are not permitted to bring food and beverages inside the waterpark.          ATTACHMENT 2 186 SCHEDULE 2 The concession facility measures 20ft x 29ft and is 580 square feet. The front-of-house area consists of a grill, prep and fry station along with 2 customer sales windows. The back-of-house portion consists of cold and dry storage, chemical/janitorial storage and a dishwashing station. The facility must be left in clean and undamaged condition. Vendor will be assessed fees for any damages or for any additional cleaning required. The concession includes the following equipment: x 1 Electronic Menu Display Board x 1 Turbo Air Solid Door Refrigerator (three door) – 73 Cubic Feet (M3R72-3-M) x 1 Turbo Air Solid Door Freezer (two door) - 42.1 Cubic Feet (M3F47- 2-M) x 2 Turbo Air Under Counter Freezer (JUF-48-N) (JUF-60-N) x 1 Turbo Air Work Top Freezer (TWF-60SD-N) x 1 Turbo Air Mega Top Unit - Sandwich/Salad Prep Table w/ Refrigerated Base (MST-72-30-N) x 1 BUNN Coffee Machine with two 1.5-liter Capacity Pots x 1 Taylor Soft Serve Freezers (Two Flavor Dispenser) Model 791 x 1 Ortega Nacho Cheese Warmer & Dispenser x 2 Globe 16lbs Countertop Electric Fryers (PF16E) x 1 Cecilware Electric Griddle (Model: EL1836) x 2 Sodir Panini Machines x 1 Four light heat lamp x 1 Amana RC22S2 Heavy Duty Stainless Steel Commercial Microwave Oven with Push Button Controls – one cubic foot x 1 Indigo Ice Machine x 1 Soda Machine (soda provide by soft drink vendor) x 1 Turbo Air Glass Door Merchandiser Refrigerator – 20.3 Cubic Feet (TGM22RV-N6) x 3 P.O.S. Machines x 1 Three-Compartment Sink x 1 Prep Sink x 2 Hand Washing Sinks          ATTACHMENT 2 187 CITY OF DUBLIN PARKS AND COMMUNITY SERVICES DEPARTMENT CONCESSION FACILITIES AGREEMENT This CONCESSION FACILITIES AGREEMENT (“Agreement”) is made by and between the CITY of DUBLIN (“City”) and PACIFIC COAST ENTERTAINMENT GROUP LLC DBA REBEL KITCHEN & LIBATIONS (“Concessionaire”), (together sometimes referred to as the “Parties”) as of October 20, 2020 (the “Effective Date”). RECITALS: WHEREAS, City owns concession facilities (the “Facilities”) at the Recreation and Aquatic Complex at 4201 Central Parkway, Dublin, CA Emerald Glen Park-The Wave Waterpark (the “Wave”); and WHEREAS, as part of City’s parks and community services for its citizens, City desires to offer snacks, food and refreshments conveniently available to its park users at the Wave; and WHEREAS, City desires to have a third-party operate the Facilities in an effort to offer high quality food and refreshments for visitors to the Wave; and WHEREAS, Concessionaire desires to operate the concession facility at the Wave. Now therefore, the Parties agree as follows: 1. Facility. The concession facility, as shown on Exhibit A is located at The Wave Waterpark at Emerald Glen Park, 4201 Central Parkway, Dublin, CA. 2. Term. The term of this Agreement shall begin on the Effective Date and shall end on October 31, 2021, unless earlier terminated as set forth in Section 9, or if extended by the mutual written consent of the Parties. 3. Fees. Concessionaire agrees to pay City a percentage of the gross sales resulting from conducting business at the Wave as follows: Gross Sales Percentage Paid to City $1.00-$200,000 5.0% $200,001 + 7.0% A.Weekly Sales Count. During the term of the Agreement, Concessionaire will share with City, on a weekly basis, its sales count. B.Payment of Percentage of Gross Sales. Payments to the City, as described above, shall be made on a monthly basis, no later than the 15th of the month following the month for which payment is contemplated. (i.e. July payment will be made no later than the 15th of August) ATTACHMENT 3 188 4. Use. A. Scope of Services. When the Wave and the Facilities are open to the public, the Concessionaire shall provide services, as set forth in the Scope of Services attached as Exhibit B, during normal business hours of the Wave, or at other times as determined by the mutual consent of the Parties. Wave hours and dates are attached hereto on Schedule 1 and are subject to change at any time per the City’s sole discretion. B. Public Health Closures or Delays. The City reserves the right to close, or to delay the opening of, the Wave and/or the Facilities at any time without notice, if such closure or delay is deemed necessary due to an emergency or is in the interest of public health and safety. The City shall have no liability whatsoever for any Concessionaire costs or damages incurred because of any said closure or delay. The Concessionaire hereby waives any claim or right to any costs, damages, or loss of income or business resulting from said closure or delay. C. Food Concessions Only. 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. Concessionaire may use City equipment listed on the Equipment Inventory List attached as Schedule 2. Any other materials or equipment must be provided at the sole expense of Concessionaire. D. Subcontracting. Assignment. Concessionaire may not subcontract any portion of the concession operation without the City’s prior written consent. Concessionaire may not assign, sublease, or transfer any of its rights under this Agreement without the City’s prior written consent. E. Keys and Locks. 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. Before receiving any keys to the Facilities, Concessionaire shall pay a refundable $500 key deposit with City. 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. F. Prohibited Items. Alcoholic beverages, glass bottles or containers. G. Product Brands. Should City enter into an agreement with a beverage distributor, City may require Concessionaire to sell that distributor’s products preferentially or exclusively. H. Signs. 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. I. Costs. Concessionaire shall bear all costs of operation, except as set forth otherwise in this Agreement. 5. General Commercial and Auto Insurance. Prior to City’s execution of this Agreement, Concessionaire shall obtain, and thereafter maintain during the term of this Agreement general commercial liability insurance an amount not less than $2,000,000 and automobile liability ATTACHMENT 3 189 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 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 the use of owned and non-owned automobiles. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Concessionaire, products and completed operations of Contractor; premises owned, occupied, or used by Concessionaire; and automobiles owned, leased, or used by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The above-mentioned language regarding additional insureds shall be included in the insurance coverage or added as an endorsement to the policy. Prior to beginning any work under this Agreement, Concessionaire shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Concessionaire 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 Concessionaire beginning work, it shall not waive the Concessionaire’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. Concessionaire shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. Workers’ Compensation Insurance. Concessionaire 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 Concessionaire. 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, Concessionaire 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 City. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Concessionaire, its employees, agents, and subcontractors. 7. Unemployment Compensation. Concessionaire shall be solely responsible for the unemployment compensation payments on behalf of their employees and personnel. Concessionaire shall not be entitled to unemployment compensation in connection with the services set forth in Exhibit B. ATTACHMENT 3 190 8. Indemnification. Concessionaire 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 Concessionaire’s performance of under this Agreement 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 Concessionaire’s obligation to defend and indemnify shall not be excused because of the Concessionaire’s inability to evaluate Liability or because the Concessionaire evaluates Liability and determines that the Concessionaire is not liable to the claimant. The Concessionaire 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 Concessionaire 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 Concessionaire 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 Concessionaire accepts or rejects the tender of defense, whichever occurs first. In the event that Concessionaire or any employee, agent, or subcontractor of Concessionaire 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, Concessionaire shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Concessionaire 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. 9. Termination. This Agreement may be terminated by City at any time for convenience by providing Concessionaire with thirty (30) days’ notice or upon twenty-four (24) hours verbal notice in the event City determines the public’s health, safety or welfare requires such action. The Agreement may be terminated by Concessionaire if City is in breach of any provision of this Agreement, and fails to cure the breach within sixty (60) calendar days after receiving notice of the breach. 10. Business Registration. Concessionaire understands that the activity described herein constitutes doing business in the City of Dublin and agrees to register its business pursuant to Chapter 4.04 of the Dublin Municipal Code. In the event of a dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 11. Independent Contractor Status/Contractor Not an Agent. At all times during the term of this Agreement, Concessionaire shall be an independent contractor and shall not be an employee of City. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Concessionaire 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, ATTACHMENT 3 191 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. Except as City may specify in writing, Concessionaire shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Concessionaire shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. In its capacity as an independent contractor, Concessionaire agrees and represents: Concessionaire agrees to pay City a percentage, as outlined in Section 3, of the annual gross sales resulting from conducting business at the Wave; Concessionaire has the sole right to control the means, manner, and method by which the services under this Agreement will be performed; Concessionaire has the right to hire or to use its employees to provide the services required under this Agreement. Concessionaire is responsible for all expenses related to providing the services outlined in Exhibit B including, but not limited to, food, refreshments, related equipment, and business costs; neither the Concessionaire nor its employees or personnel, are required to wear City uniforms; Concessionaire has the right to perform the same or similar services for others during the term of this Agreement and maintains an active clientele; and Concessionaire is not receiving remuneration from the City for the services provided. 12. General Compliance with Laws. Concessionaire shall at all times observe and comply with all laws, ordinances and regulations, including all health and safety regulations and public health orders. 13. Authority. The individuals executing this Agreement on behalf of Concessionaire each represent and warrant that they have the legal power, right and actual authority to bind Concessionaire to the terms and conditions hereof and thereof. 14. Notices. Service of any notices shall be sent as follows: Any written notice to Concessionaire shall be sent to: Gianni Schell, Manager and Partner Pacific Coast Entertainment Group LLC, DBA Rebel Kitchen and Libations 2369 First St. Livermore, CA 94550 Any written notice to City shall be sent to: City of Dublin Att: Andrea Mendez 100 Civic Plaza Dublin, CA 94568 15. Successors and Assigns. This Agreement shall bind City and its successors, and Concessionaire and its heirs, successors and assigns. Concessionaire shall not assign this Agreement, or any part, without City’s prior written consent. or modified by the Parties’ mutual written consent. ATTACHMENT 3 192 16. Modifications. This Agreement may only be amended or modified by the Parties mutual written consent. 17. Integration. This is the entire agreement of the Parties and each acknowledges that no oral promises, representations or warranties have been made to the other. 18. Venue and Jurisdiction. Any action at law or in equity brought by either of the Parties to enforce a right or rights under this Agreement shall be tried in a court of competent jurisdiction in the County of Alameda, State of California, and the Parties waive all provisions of law to change the venue to any other county. 19. Attorneys’ Fees and Costs. 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. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed the day first written above. CITY OF DUBLIN Pacific Coast Entertainment Group LLC Linda Smith, City Manager Gianni Schell, Manager and Partner Attest: Marsha Moore, City Clerk Approved as to Form: John Bakker, City Attorney 3569252.1 ATTACHMENT 3 193 EXHIBIT A ATTACHMENT 3 194 EXHIBIT B SCOPE OF SERVICES 1. The Vendor will not use any equipment or provide Food Services at the Water Park for any other purpose or operation not specified herein. 2. At the end of the season and upon termination of the Agreement, the Vendor shall return the Facility to the City in the same condition as existing at the time of entering into the Agreement, reasonable wear and tear excepted. 3. During the term of the Agreement, the Vendor shall assume full liability for any repairs, loss, damage or destruction to the Facility which is due to the fault or negligence of the Vendor or the Vendor’s agents or employees. 4.Except for the items included within “Concession Equipment” the Vendor shall be responsible for providing all food service equipment required to successfully operate Food Services, which shall include a cash register capable of accepting credit cards and printing receipts. At the end of the season and upon termination of the Agreement, the Vendor shall return all City-owned equipment to the City in the same condition as existing at the time of entering into the Agreement, reasonable wear and tear excepted. 5.At the end of the season and upon termination of the Agreement, the Licensee shall empty and clean all food storage areas, including the Freezer/Refrigerator within thirty (30) days of the end of the season and/or termination of the Agreement. 6.Should any of the City-owned equipment break or malfunction, the Vendor shall immediately notify the Recreation Supervisor to arrange for repairs. In the event any of the City-owned equipment breaks beyond repair as determined in the sole discretion of the City, the Vendor shall be responsible for providing a like-kind replacement at no cost to the City. Any of said equipment replaced by the Vendor shall become property of the Vendor. 7.The Vendor shall be responsible for providing and maintaining all service ware, uniforms, linens, disposable products, signage, menus and laundry services. 8.The Vendor shall always observe and comply with all federal, state, county, and local laws, ordinances and regulations with regard to Food Services operations, and to all matters affecting the public and employees. 9.The Vendor shall be solely responsible for maintaining the Facility, Freezer/Refrigerator and equipment in a clean sanitary manner in ATTACHMENT 3 195 EXHIBIT B (CONT.) 10. accordance with the highest industry standards and in full compliance with all the rules and regulations associated with the Alameda County of Environmental Health (“Health Department”). 11. The Vendor shall be responsible for obtaining all licenses and/or permits required to comply with all City, county, state and federal sanitation laws, codes and regulations with regard to Food Services operations including Food Handlers Permit. 12. Any health inspection is to be coordinated with City staff. 13. The Vendor shall report the outcome of any and all inspections by the City, Health Department or other regulatory agency. Deficiencies reported shall be promptly corrected by the Vendor and communicated to the City. 14. The Vendor 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 Vendor 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. 15. Throughout the term of the Agreement, the Vendor shall be solely responsible for the security of the Facility and all other areas under the Vendor’s supervision. Further, the Vendor 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. 16. Subsequent to approval by the City, the Vendor shall be authorized to display its logos at designated locations within the food service area of the Water Park. 17.The Vendor shall have a licensed Certified Food Service Manager on-site at all times while providing Food Services. Said Manager shall have a minimum of two (2) years of experience in operating similar food services. 18. The Vendor will at the conclusion of the season, perform a full and detailed cleaning of the facility to include but not limited to the following: a.Removal of all food and supplies b.Clean all appliances (inside and out) c.Degrease and steam clean range hood d.Clean all hood filters and ducting system e.Machine scrub tile flooring f.Clean and sanitize all counters and shelving g.Remove any food and clean all refrigerators and freezers h.Clean all ceiling vents and fans Attachment 3 196 EXHIBIT B (CONT.) i. Scrub, degrease and rinse exterior concrete entrance sidewalk j. Clean all windows (inside and out) washing all exposed glass, wipe all frames, sills, and ledges k.Clean all baseboards and walls l.Move all equipment on wheels to access and clean the walls and floors underneath and behind ATTACHMENT 3 197 SCHEDULE 1 Concessions will operate daily during the waterpark season with the following schedule: Daily Waterpark Hours x 11:00AM-6:00PM Waterpark Dates x Daily: May 29 - August 8 x Weekends Only: August 14 - September 6 (including Labor Day) Open on the following holidays: x Memorial Day, May 31, 2021 x Independence Day, July 4, 2021 x Labor Day, September 6, 2021 The Waterpark hours are 11:00am to 6:00pm, with concessions opening at 11:00 am and closing at 5:45 pm daily. Concessions will assist in providing an enjoyable experience to park guests while attending the waterpark with food and beverage options made available for purchase. With the exception of water, patrons are not permitted to bring food and beverages inside the waterpark. ATTACHMENT 3 198 SCHEDULE 2 The concession facility measures 20ft x 29ft and is 580 square feet. The front-of-house area consists of a grill, prep and fry station along with 2 customer sales windows. The back-of-house portion consists of cold and dry storage, chemical/janitorial storage and a dishwashing station. The facility must be left in clean and undamaged condition. Vendor will be assessed fees for any damages or for any additional cleaning required. The concession includes the following equipment: x 1 Electronic Menu Display Board x 1 Turbo Air Solid Door Refrigerator (three door) – 73 Cubic Feet (M3R72-3-M) x 1 Turbo Air Solid Door Freezer (two door) - 42.1 Cubic Feet (M3F47- 2-M) x 2 Turbo Air Under Counter Freezer (JUF-48-N) (JUF-60-N) x 1 Turbo Air Work Top Freezer (TWF-60SD-N) x 1 Turbo Air Mega Top Unit - Sandwich/Salad Prep Table w/ Refrigerated Base (MST-72-30-N) x 1 BUNN Coffee Machine with two 1.5-liter Capacity Pots x 1 Taylor Soft Serve Freezers (Two Flavor Dispenser) Model 791 x 1 Ortega Nacho Cheese Warmer & Dispenser x 2 Globe 16lbs Countertop Electric Fryers (PF16E) x 1 Cecilware Electric Griddle (Model: EL1836) x 2 Sodir Panini Machines x 1 Four light heat lamp x 1 Amana RC22S2 Heavy Duty Stainless Steel Commercial Microwave Oven with Push Button Controls – one cubic foot x 1 Indigo Ice Machine x 1 Soda Machine (soda provide by soft drink vendor) x 1 Turbo Air Glass Door Merchandiser Refrigerator – 20.3 Cubic Feet (TGM22RV-N6) x 3 P.O.S. Machines x 1 Three-Compartment Sink x 1 Prep Sink x 2 Hand Washing Sinks ATTACHMENT 3 199