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HomeMy WebLinkAboutDEPARTMENT OF REHABILITATION, BUSINESS ENTERPRISE PROGRAM - 1973-07-20s REQU6*T FOR CITY COUN&�ACTION Date April 21, 1987 Submitted to: Honorable Mayor and City Council Members r Submitted by: Charles W. Thompson, City Administrator OW � Prepared by: Robert J. Franz, Chief of Administrative Services Subject: Civic Center, Lower Level, Vending Concession APPbtO CITY CO N+ Consistent with Council Policy? [X] Yes [ ] New Policy or E ception CITY CLERK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: In 1982 the City of Huntington Beach entered into a month to month contract with the State Department of Rehabilitation, Business Enterprise Program, to operate the civic center vending concession, (city hall lower level snack shop). Attached find the revised renewal contract for this concession. Recommendation: Accent the contract and authorize the Mayor to sign the document. Analysis: Under the terms of the attached contract, the California Department of Rehabilitation, Business Enterprise Program, supplies a legally blind vendor to operate the civic center vending concession. The independent business person operating the concession receives no subsidy or financial aid; supporting himself by the profits from the management of the concession. Fundin Source: None. Alternative Action: Seek an alternate concessionaire. Attachment: Proposed contract. 3147i 74 P10 5185 Department of Rehabilitation ARTICLES OF AGREEMENT DR 482 (8/81) THIS AGREEMENT, made and entered into this 1st day of January , 19 87 , by and between the STATE DEPARTMENT OF REHABILITATION, BUSINESS ENTERPRISE PROGRAM, hereinafter called "STATE", and City of Huntington Beach , hereinafter called "CONTRACTOR". W I T N E S S E T H: In consideration of the mutual agreements hereinafter contained, the parties agree as follows: 1. Contractor hereby authorizes the State to establish a vending facility for its employees and guests at Civic Center Administration Buildin Huntington Beach, CA 92644 Type of facility Wet Vending Facility location Lower Level Facility size 20 x 42 (floor plan, Attachment A). It has been determined that this vending facility meets the criteria of a satisfactory site as defined in W & I Code Div. 10, Part 2, Chap. 6, Article 5, Section 19625. Any exceptions are documented in Attachment B. 2. This Agreement shall commence on January 1, 1987 3. Either party may terminate this Agreement by giving thirty (30) days written notice to the other party prior to the date when such termination shall become effec- tive. In the event of termination by either party, it is understood and agreed that the State, at its option, may remove any equipment not furnished by the Contractor. 4. State agrees: (a) To place in charge of the vending facility a licensed blind vendor, hereinafter called "VENDOR". "Blind vendor" means a person having not more than 20/200 acuity in the better eye with correcting lenses or having visual acuity greater than 20/200 but with a limitation of the field of vision such that the widest diameter DR 482 - Page 2. 4. State agrees: (cont'd) of the visual field subtends an angle no greater than 20 degrees. This person may be selected by joint agreement between the Contractor and the Selection Committee in accordance with the State's established procedure. (b) That the Vendor shall provide food and beverages and other items approved by the State and Contractor of good and wholesome quality at reasonable prices solely to employees and visitors of the Contractor. (c) To remove any Vendor upon written notice that the Contractor is dis- satisfied with the operation of the vending facility by that Vendor. (d) To provide an interim licensed Vendor to maintain the service and continue the operation of the vending facility in a manner acceptable to the Contractor during the period between the removal of Vendor pursuant to Paragraph 4(c) of this Agreement and the selection of another licensed Vendor pursuant to Paragraph 4(a) of this Agreement. (e) To diligently enforce the State's rules and regulations governing the operation of the vending facility by Vendor. (f) To provide all necessary equipment not provided by Contractor, as listed in Attachment C. (g) To provide the necessary maintenance and replacement of all State-owned equipment as listed on Attachment C. (h) To provide Contractor with menu and price list prior to opening date and thereafter sell and dispense items listed on Attachment D, of good quality at prices agreeable to the Contractor and State. (i) To take reasonable care of the equipment furnished by Contractor, and to leave it on the Contractor's premises at the termination of this Agreement in good condition, except for ordinary wear and tear. DR 482 - Page 3. 5. Contractor agrees: (a) To grant to the State the exclusive right and privilege to operate the vending facility and to sell and dispense items listed in Attachment D and such other products as may be permitted by Contractor to be sold within the facility. (b) To provide at its own cost and expense for the State's use the space and utilities used for the vending facility. (c) To waive all rights of subrogation against State and the Vendor for damages caused by fire. (d) To furnish the equipment listed in Attachment E and maintain in good repair such equipment so provided to the State for the purpose of these services. (e) To notify the State in writing of any conduct of the Vendor which the Contractor deems to be contrary to this Agreement, or any other reason for which the Contractor is dissatisfied with the operation of the vending facility. (f) Not to direct, control or interfere with the methods of operation utilized by the Vendor in charge of the vending facility. (g) That the State may change the Vendor of the vending facility whenever the State finds that the Vendor has failed to comply with the terms of this Agreement, or that the Vendor has not complied with the rules and regulations of the State. (h) To designate an agent or representative upon whom any and all complaints, demands or notices of any kind may be served, which State may desire to give or deliver to Contractor in connection with the vending facility operation. If Contractor desires to change its designated agent or representative, Contractor agrees to so notify State. (i) To provide a telephone in or adjacent to vending facility area for the use of the Vendor to make local business calls. (j) To provide janitorial service to the extent of maintaining the cleanli- ness of floors, walls, ceilings, and windows in the vending facility area. DR 482 - Page 4. 5. Contractor agrees: (cont'd) (k) To make arrangements for collection and disposal of trash and garbage from vending facility area. (1) That if vending machines are to be used in or adjacent to the vending facility area, such machines will be considered a part of the vending facility and commissions will be assigned to the Vendor. The location, type and number of vending machines which constitute all or a part of this facility are noted in Attachment F. (m) To comply with all items contained in the Fair Employment Practices/ Civil Rights Addendum, Attachment G. (n) To maintain the vending facility site according to applicable health and safety codes. (o) To provide adequate security within the vending facility to discourage entry when the vending facility is not in operation. 6. Contractor shall have the right to inspect during regular business hours all equipment and space occupied by State and Vendor with respect to safety and sanitary conditions. 7. Contractor is not liable to State or Vendor for any losses which may be incurred or sustained as the result of the operation of the vending facility, except for the subsidy provided under Paragraph 18 of this Agreement, nor shall Contractor be liable to State or Vendor or anyone else for injuries, damages, and losses sus- tained from, by, or arising out of the operation of the vending facility. 8. State shall Provi x zeZ,e pursuant to Section 7218 of Title 9 of the California Administrative Code, the following insurance on or before the effective date of operation of the vending facility: (a) Public liability and property damage protecting the Contractor, the State and the Vendor, their officers, agents, employees, and servants from liability, including products liability, with a combined single limit of at least $1, 000, 000 DR 482 - Page 5. Pro ide 8. State shall Q (cont, d) (b) Fire legal liability coverage in the minimum amount of $5 0,000 (c) Workers' Compensation liability in the amount provided by law. Each policy shall be kept in full force throughout the terms of this Agreement and otherwise be in conformity with the terms of this Agreement. 9 Vendor is to file with each, the Contractor and State, a certificate issued to the Contractor, State, and Vendor; said certificate shall set forth: (a) Public liability and property damage protecting the Contractor, the State and the Vendor, their officers, agents, employees, and servants from liability, including products liability, with a combined single limit of at least - (b) Fire legal liability coverage in the minimum amount of (c) The date of inception and expiration of the insurance coverage. (d) That the Contractor and the State, their officers, agents, employees and servants are named as co-insured. (e) The amount of Workers' Compensation insurance coverage not less than the legal requirements. (f) A statement by the insurance company that it will not cancel or materially alter or change said policy or policies without thirty (30) days prior written notice to the Contractor, State, and Vendor. 10. Except for reasons beyond the State's control, the Contractor shall be given a thirty (30) days notice of the State's intent to transfer, replace or remove the assigned Vendor. 11. The State shall cause the Vendor: (a) To provide physical examination reports and tuberculin test reports showing negative findings for the Vendor and all food handlers, if required by existing statutes and local ordinances and any amendments thereto. (b) To comply with all rules and regulations of the State Department of DR 482 - Page 6. 11. The State shall cause the Vendor: (cont'd) Rehabilitation, Business Enterprise Program, as outlined in Sections 7210-7227, Title 9 of the California Administrative Code. (c) To comply with all state, county and local laws, rules, regulations, and requirements governing the operation of the vending facility, and agree to procure the necessary licenses, permits and food handlers' cards in his name and at no cost to the Contractor or State. Vendor to further agree to post within the vending facility area such permits and licenses or notices as are required by law. (d) To maintain hours of operation as agreed upon by the State and the Contractor. The facility will operate 5 days per week from 7:00 a.m. to 4:30 M. (e) To provide all necessary expendable items and consumable supplies such as, but not limited to, paper cups, paper plates, napkins, condiments and so forth. (f) To be responsible for cleaning of equipment in the serving area. (g) To be responsible for cleaning of tables and chairs in•the dining area. (h) To be responsible for the janitor service in the kitchen and storage areas. (i) To hire such persons for such hours as he shall deem necessary and pay them wages for such hours of labor, conforming to all requirements of law, including requirements of the health department having jurisdiction, and make necessary deductions from wages for income tax, social security, unemployment insurance and so forth. (j) To grant to all Contractor's employees, guests and invitees the privilege of eating in the dining area. (k) Not under any circumstances sell, dispense, furnish or supply to anyone, or to use, or to permit to be used or consumed, any alcoholic beverages or narcotics, or to conduct any form of wagering, nor to permit to be installed any slot machines or gambling devices, or permit any games of chance in any part of the vending facility area. (1) Not to create or attempt to create any liens upon vending facility area DR 482 - Page 7. 11. The State shall cause the Vendor: (cont'd) 4 and/or equipment by way of chattel mortage or otherwise; nor is he to make any pur- chase in connection with said business in the name of the Contractor or State. (m) Not make any alterations in the vending facility area unless approved in writing, in advance, by the Contractor and State. (n) To comply with all items contained in the Fair Employment Practices/ Civil Rights Addendum, Attachment G. 12. Neither party herein shall be held responsible for damages caused by delay or failure to perform hereunder when such delay or failure to perform is due to fires, strikes, floods, Acts of God, legal acts of the public authorities, failure of utility services, or delays or defaults caused by public carriers which cannot be reasonably forecast or provided against. 13. The relationship created by this Agreement is expressly declared to be not that of employer and employee, nor partner, nor landlord and tenants, nor any other relationship than that the Contractor is furnishing without cost or charge to the State space and utilities in the Contractor's premises as an inducement for the State to carry on its rehabilitation program by providing a blind person an area to operate a service at reasonable price. 14. Neither this Agreement nor any interest hereunder nor any claim hereunder shall be transferred or assigned by the State to any other party or parties unless the State has prior permission in writing from the Contractor, which permission shall not be unreasonably withheld. 15. It is agreed herewith and herein expressly that any or portions of said services to be furnished by the State under the terms of this Agreement are not to be eliminated, reduced or appreciably changed without specific concurrence in writing by the Contractor. 16. It is agreed that all further particulars of the operations, such as serving DR 482 - Page 8. hours, prices, etc., will be settled by mutual agreement between the Contractor and the State and that action on such matters shall be taken only as mutual concurrence. 17. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the parties at the address indicated below the signature. Nothing herein contained shall preclude the giving of any such notice by personal service. The address to which notices shall be made as aforesaid to either party may be changed by written notice given such party to the other as hereinbefore provided. 18. The Contractor does not contract for or desire the right of directing, con- trolling or interfering with the means and methods by which the State shall conduct the vending facility area. However, as the Contractor controls operating schedules, services and food prices, the Contractor will guarantee the Vendor a subsidy of NONE ($ ) per month, which sum shall be reviewed from time to time for reasonableness. As long as the Contractor shall guarantee the Vendor the subsidy stated above, the Vendor shall furnish to the Contractor a monthly statement of operations indicating income, inventory, values and cost of operation. Costs shall include all labor, exclusive of the Vendor and his family, food supplies, operating supplies, insurance, taxes, fees to the Department, outside services and any other overhead items. 19. The State affirmatively supports all federal and state civil rights laws and will not knowingly do business with any agency or entity which discriminates on the basis of ethnic group identification, national origin, race, color, creed, religion, sex, age, sexual orientation, physical or mental disability, medical condition, • marital status or ancestry. V DR 482 - Page 9. 20. Any additional terms and conditions applicable to this vending facility are included in Attachment H. 21. Prior to the execution of this Agreement, the following paragraphs Were deleted:— Paragraph 5, Section ( i ) / Paragraph 9 / None Paragraph 18 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written. a .s Address:--2000 Main Street Huntington Beach, CA 92648 Attachments: STATE DEPARTMENT OF REHABILITATION BUSI%.ESS ENTERPRISE PROGU01 By A n str or. Busin 6sEn�terpr�iserogram Address: APPROVED AS TO FOUS GAIL HUTTON C1 TTO ' 1 By: _ Deputy CI tto=ey ❑ A. Floor Plan (Section 1) ❑ B. Exceptions to Satisfactory Site (Section 1) x❑ C. State-owned Equipment (Section 4(i).(g)) © D. Menu List and Prices (Section 4(h),5(a)) ® E. Contractor -owned Equipment (Section 5(d)) © F. Location, Type and Number of Vending Machines Included as Part of Location (Section 5(l)) ❑ G. Fair Employment Practices/Civil Rights Addendum (Section 4(m), 11(n)) ❑ H. Additional Terns and Conditions (Section 20) V 47-7 /�r7�•V'r 7 REPORT R ! STATE OF CALIFORNIA 10/2T/86 DEPARTMENT Of REIIABILITATION - BUSINESS ENTERPRISE PROGRAM MONTHLY PROPERTY REPORT BY LOCATION k �. MONTH ENDING SPT 309 1986 PAGE 202 i LOCATION A 530 - STATE BEP AREA - GARDEN GROVE VENDOR - LAWLESS. CHARLES BEG - VARVARINECZ9 C R I t 1 ADDRESS ------------ - STATE OFFICE -------------- BUILDING 28 ------------------------------------ CIVIC CTR PLAZA SANTA ANA -------- ---- 92701 IDENT ----------------------------- MANUFACTURERS ACQ SC11ED DOC 7 ; TAG N ------------ STCCK ITEM R --- -------------------------------------- ITEM DESCRIPTION -----_-------------------___---«-«--- SERIAL 0 COST DATE R 9 ---------------- ---------------� 0005482 7310 131 0093 3 OVEN -RADAR MICROWAVE AMANA RC-7-PO HSOI00014 S 606.90 04 17 50281 006963 0005639 7125 286 5300 5 SHELVING -UNIT S/5 S 154.00 05 T7 50335 008639 00061n7 4510 451 OlnO T SINK DOUPLE W/DRAIN BOARDS $ 490.44 05 76 50292 004124 l} 0007859 7195 025 4111 6 COUNTER -METAL S/S-BEVERAGE COUNTER S 19000.00 007026 Ic 0006008 7195 025 4112 8 COUNTER -WOOD 5FT S 500000 004124 0008672 7195 025 4112 8 COU4TER-WOOD 5FT S 335.02 06 TO 05852 000356 0008614 4110 034 0795 0 REFR-DISP-CORM UNIVERSAL 042SL 355899 S 855.75 IL T3 50132 000356 0008675 4110 034 0195 0 REFR-DISP-COMM UNIVERSAL N42SL 359232 S 855075 11 73 50132 000356 r 0008682 7195 025 4111 6 COUNTER -METAL SS •L" SHAPE BEV/W DO S 19136.80 10 73 50121 004030 7 0009683 1125 206 5300 5 SHELVING -UNIT LIGHTED CANOPY S 760.00 10 73 50121 000356 0008684 7125 286 5300 5 SHELVING -UNIT SUPERSTRUCTURE S 19400.00 LO 13 50121 000356 0008685 7195 025 4112 8 COUNTER -WOOD CASHIERS W/DRAWER S 375.00 10 73 50121 000356 0008687 7125 112 0010 7 CABINET -DISPLAY WOOD-CIGARETTF RACK S 93.12 10 Ti 50121 000356 0008688 T195 025 4112 8 COUNTER -WOOD W12 CMPT SINK S 600.00 10 73 50121 000356 ". 0009011 7310 731 0093 3 OVEN -RADAR AMANA RC/1 50250423 S 545.69 07 15 50016 008962 0010656 4110 034 0795 0 REFR-OISP-CORM UNIVERSAL UMC-42 399718 S l9LT6.38 06 76 50347 004124 0011319 T490 123 3000 4 REGISTER-CAS11 SIIARP 2380 S 528.94 06 84 22849 014881 0011353 4110 034 0791 3 FREEZER-MERCHAN UNIVERSAL SLH-12 W/CASTERS S 29238.72 09 84 20779 014820 00II35R 7310 731 0093 3 OVEN -RADAR AMANA RADAR RANGE RC 6P8 50900817 S 542.99 10 64 21136 014826 0012600 1110 143 301T 0 SAFE W/KEY-LOCK-MD.-11T12 S 221.75 05 78 50313 004115 0012T24 7195 025 4111 6 COUNTER -METAL S/S S 19611.97 10 78 22152 004124 7 0012725 7195 025 4111 6 COUNTER -METAL S/S S 19214.95 10 78 50066 004124 0012736 1125 286 0403 1 LAB-METAL-STOR DISPLAY -CASE UNITED-SHOWCASE-00. S 690.25 LO 78 50066 004124 0012901 4120 030 0300 4 AIR -CONDITIONER 2HP TECUMSEH AIR CONDITIONER S 4@900900 09 80 50163 013626 0012933 7310 731 0085 4 FOOD-WARM-OT11ER BROIL A DOG FOOD WARMER 1750 I15V S 357.85 02 81 50321 013645 001385E 4110 034 0793 7 ICE-MAK-COUNTER SUNBEAM ICE-O-MATIC SCD550 UA1355 S 29233001 0T 19 50045 003241 ` 0023010 4110 034 079E 0 REFR-OISP-COMM TRU MOL GOM 41 S 1,526.40 01 86 21670 012162 (� 0023017 1310 731 0085 4 FOOD -WARM -OTHER BROIL -A -DOG CRADLE W BUN WARMER S 473.82 03 86 22184 OL3848 0023023 T440 123 3000 4 REGISTER -CASH TEC MA128 CASH REGISTER 580025 S 502.86 04 86 22418 013860 0023037-7195 025 4100 1-PARTIT-PORT-K0 AtUMA WALL SIX64110314 -----l--'-- «! 665.00 -- 04 86 22599 013914 ITEM COUNT 30 TOTAL COST S 289593.36 I tr Q" I Y i f Q V ATTACHMENT "D" MENU LIST Hot & cold soft drinks ( coffee and beverages } Fresh fruit Canned fruit Canned juices Canned soups and food products Packaged ice cream Milk products in containers Prepackaged sandwiches Prepackaged salads Prepackaged pastries Prepackaged chips and cookies Packaged food and beverages dispensed through vending machines Sundry items Other items mutually agreed upon in writing ATTACHMENT "E" CONTRACTOR OWNED EQUIPMENT Tables and chairs ATTACHMENT "F" VENDING MACHINES INCLUDED AS PART OF LOCATION Type Number Location Canned Beverage 1 Concession Area ATTACHMENT G a FAIR EMPLOYMENT PRACTICES/CIVIL RIGHTS ADDENDUM FAIR EMPLOYMENT PRACTICES 1. In the performance of this contract, the Contractor/Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age*, national origin, physical handicap, or medical condition. The Contractor/Vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, age, national original, physical handicap or medical condition. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or re- cruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/ Vendor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices Section. 2. The Contractor/Vendor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices Section of this contract. CIVIL RIGHTS 1. Pursuant to Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Contractor/Vendor agrees that no otherwise qualified handicapped individual shall, solely by reason of a handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this contract. 2. Pursuant to the Civil Rights Act of 1964, Title VI, the Contractor/Vendor shall provide all services, financial aid and benefits without regard to race, color, or national origin. REMEDIES FOR WILLFUL VIOLATION 1. The State may determine a willful violation of the Fair Employment Practices Provision of this addendum to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor/Vendor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that has investigated and determined that the Contractor/Vendor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. 2. For willful violation of the Fair Employment Practices/Civil Rights Provisions, the State shall have the right to terminate this contract either in whole or in part, and any losp- or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor/Vendor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor/Vendor, the differ- ence between the price named in the contract and the actual cost thereof to the State. *It is unlawful employment practice for an employer to refuse to hire or employ, or to discharge, dismiss, reduce, suspend, or demote, any individual between the ages of 40 and 64 solely or. the ground of age,..." (Labor Code Section 1420.1) ^4, Oz,� A HUNTINGTON BEACH CITY OF HUNTINGTON BEACH COUNCIL - ADMINISTRATOR COMMUNICATION To Honorable Mayor and City Council Members Subject AGENDA ITEM F-1 From Charles W. Thompson, City Administrator Date May 17, 1982 Attached is information regarding the satisfaction of employees with the existing snack bar, as requested by Council at the last meeting. In general, there appears to be a rather high level of employee satisfaction with the current operation. It is recommended that this agreement be approved, since we can cancel the agreement at any time with 30 days notice. Alternative arrangements and/or methods of improving the operation will be pursued. Since_r,� Charles W. ompp on, City Administrator CWT:pj Attachment ��i CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Subject Frank B. Arguello Chief of Administrative Services AGREEMENT WITH STATE DEPARTMENT OF REHABILITATION 4 RFC MAY J q 7982 Finance Dept. CO From Edward H. Thompson Director, Personnel and Labor Relations Date May 13, 1982 I have reviewed the memorandum concerning the operation of the snack bar in the Civic Center basement and have listed comments from the various departments regarding the general satisfaction level of that operation. The comments I have received back as of 2:00 p.m., May 13, 1982, are as follows: 1. Keeps a nice supply of salads and sandwiches from a good delicatessan rather than those sandwiches that are usually offered. 2. Always has hard-boiled eggs, juices, etc. Good variety. Keeps his eye out for new things to add. Pleasant, courteous and always there. 3. He is willing to add new items that employees request and prices are reasonable. 4. Very satified. Good food and snacks. Courteous attendant. 5. Happy with the current service. We are pleased with the operation of the snack bar and would not recommend a change. The operator is_dependabie. The menu is varied. The snack selections are complete. 6. Wider variety of nutritional foods as opposed to junk food would be welcome. 7.Quicker turnover of sandwiches and salads either by ordering less or sending back if not used. Could keep things fresher. 8. Inquiries have been made regarding advisability of adding hot dishes to the menu, either a grill or cooked food which could be kept hot during the lunch hour. 9. People felt that the present operator is doing a good job and that there was satisfaction expressed that the snack bar is probably as good as can be expected. 10. The operator has done a good job of creating what is really a snack bar. 11. Most personnel would like to see a restaurant operation available in that area, much like the City of Burbank has for city employees and visitors. 12. Snack bar provides a very good service. It would be nice if hot food was served, such as a grill or steam table for more nutritious, appealing food. next page, please . . . . R y AGREEMENT WITH STATE DEPARTMENT OF REHABILITATION -2- May 13, 1982 The overwhelming consensus of the above seems to be that the present operator is doing a satisfactory job and that those responding would like to see the current operation continued. Due to the short amount of time for response, I have not been able to determine what alternative arrangements and their costs would be. If you wish me to pursue it further, I would be happy to do so; however, I would appreciate some additional time to be able to pursue it at some depth, if that is desired. In summary, it would appear that we should continue the present operation as there see to be a rather high level of'employee satisfaction with the status quo. / EHT:dp v cc: Jeri Chenelle 0 REQUE q FOR CITY COUNCI 'AC O -14 I d Date April 12, _1982 Submitted to: Honorable Mayor and City Council o Submitted by: Charles W. Thompson, City Administrator It 1 WrrROYEDt3Y CITY COUNCIL Prepared by: F. B. Arguello, Chief of Administrative Sery 19� Subject: Agreement between City and State Department f i CITY CLE Business Enterprise Program Statement of issue, Recommendation, Analysis, Funding Source, Alternative actions, Attachments:' STATEMENT OF ISSUE: In order to continue the vending facility under operation of a licensed blind vendor, the agreement between City and State should be completed. RECOMMENDATION: That the City Council should authorize the approval of the agreement between City and State for the period March 1, 1982 through March 1, 1983. ANALYSIS: It has been an accepted policy of the City that -the existing cafeteria facility in the Civic Center complex be operated by a blind vendor under an agreement with the State Department of Rehabilitation, Business Enterprise Program. The current agreement has expired and approval had been delayed pending review of the State (who in the meantime had revised the form of the agreement) and by the City Attorney. The agreement has been reviewed and is otherwise acceptable and is being transmitted for City Council action. Administrative Services Department feels that it continues to be in the best Interests of the City to continue the present erode of operation. FUNDING SOURCE: No additional funds required. ALTERNATIVE ACTION: it The City may decide not to renew the agreement and either close down the cafeteria, undertake to operate as a City function, or to solicit bids for private operation"of the facility. C PIO 4/81 STATE OF CALIFORNIA—HEALTH AND WELFARE AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF REHABILITATION BUSINESS ENTERPRISE PROGRAM 10022 IMPERIAL AVENUE GARDEN GROVE, CALIFORNIA 92643 (714) 537.1770 June 24, 1982 City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach, CA 92648 Att: Alicia M. Wentworth, City Clerk Enclosed is your copy of the fully executed agreement between the City of Huntington Beach and the Business Enterprise Program regarding the vending stand at City Hall. CRV:dl Sincerely, C. R. Varvarinecz Business Enterprise Consultant .®. 13 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK May 19, 1982 State of California Department of Rehabilitation Business Enterprise Program 2029 "J" Street Sacramento, CA 95814 Attn: Andrew Gram, Business Enterprise Officer CALIFORNIA 92648 Enclosed are four duly executed agreements extending the vending stand concession in the Civic Center for the period March 1, 1982 through March 1, 1983. This agreement was approved by our City Council at its regular meeting held Monday, May 17, 1982. Alicia M. Wentworth City Clerk AMW:CB: js Enclosures (Telephone: 714686.6227 ) Department of Rehabilitation ARTICLES OF AGREEMENT DR 482 (8/81) THIS AGREEMENT, made and entered into this 1st day of March , 1982 , by and between the STATE DEPARTMENT OF REHABILITATION, BUSINESS ENTERPRISE PROGRAM, hereinafter called "STATE", and CITY OF flUNTINGTON BEACH hereinafter called "CONTRACTOR". W I T N E S S E T H: In consideration of the mutual agreements hereinafter contained, the parties agree as follows: 1. Contractor hereby authorizes the State to establish a vending facility for its employees and guests at Civic Center Administration Building, Huntington Beach, CA Type of facility Vending Stand Facility location Lower Level Facility size 480 sq. ft. (floor plan, Attachment A). It has been determined that this vending facility meets the criteria of a satisfactory site as defined in W & I Code Div. 10, Part 2, Chap. 6, Article 5, Section 19625. Any exceptions are documented in Attachment B. 2. This Agreement shall commence on March_11 1982 3. Either party may terminate this Agreement by giving thirty (30) days written notice to the other party prior to the date when such termination shall become effec- tive. In the event of termination by either party, it is understood and agreed that the State, at its option, may remove any equipment not furnished by the Contractor. 4. State agrees: (a) To place in charge of the vending facility a licensed blind vendor, hereinafter called "VENDOR". "Blind vendor" means a person having not more than 20/200 acuity in the better eye with correcting lenses or having visual acuity greater than 20/200 but with a limitation of the field of vision such that the widest diameter DR 482 - Page 2. 4. State agrees: (cont'd) of the visual field subtends an angle no greater than 20 degrees. This person may be selected by joint agreement between the Contractor and the Selection Committee in accordance with the State's established procedure. (b) That the Vendor shall provide food and beverages and other items approved by the State and Contractor of good and wholesome quality at reasonable ' prices solely to employees and visitors of the Contractor. (c) To remove any Vendor upon written notice that the Contractor is dis- satisfied with the operation of the vending facility by that Vendor. (d) To provide an interim licensed Vendor to maintain the service and continue the operation of the vending facility in a manner acceptable to the Contractor during the period between the removal of Vendor pursuant to Paragraph 4(c) of this Agreement and the selection of another licensed Vendor pursuant to Paragraph 4(a) of this Agreement. (e) To diligently enforce the State's rules and regulations governing the operation of the vending facility by Vendor. (f) To provide all necessary equipment not provided by Contractor, as listed in Attachment C. (g) To provide the necessary maintenance and replacement of all State-owned equipment as listed on Attachment C. (h) To provide Contractor with menu and price list prior to opening date and thereafter sell and dispense items listed on Attachment D, of good quality at prices agreeable to the Contractor and State. (i) To take reasonable care of the equipment furnished by Contractor, and to leave it on the Contractor's premises at the termination of this Agreement in good condition, except for ordinary wear and tear. DR 482 - Page 3. 5. Contractor agrees: (a) To grant to the State the exclusive right and privilege to operate the vending facility and to sell and dispense items listed in Attachment D and such other products as may be permitted by Contractor to be sold within the facility. (b) To provide at its own cost and expense for the State's use the space and utilities used for the vending facility. (c) To waive all rights of subrogation against State and the Vendor for damages caused by fire. (d) To furnish the equipment listed in Attachment E and maintain in good repair such equipment so provided to the State for the purpose of these services. (e) To notify the State in writing of any conduct of the Vendor which the Contractor deems to be contrary to this Agreement, or any other reason for which the Contractor is dissatisfied with the operation of the vending facility. (f) Not to direct, control or interfere with the methods of operation utilized by the Vendor in charge of the vending facility. (g) That the State may change the Vendor of the vending facility whenever the State finds that the Vendor has failed to comply with the terms of this Agreement, or that the Vendor has not complied with the rules and regulations of the State. (h) To designate an agent or representative upon whom any and all complaints, demands or notices of any kind may be served, which State may desire to give or deliver to Contractor in connection with the vending facility operation. If Contractor desires to change its designated agent or representative, Contractor agrees to so notify State. (i) To provide a telephone in or adjacent to vending facility area for the use of the Vendor to make local business calls. (j) To provide janitorial service to the extent of maintaining the cleanli- ness of floors, walls, ceilings, and windows in the vending facility area. DR 482 - Page 4. 5. Contractor agrees: (cont'd) (k) To make arrangements for collection and disposal of trash and garbage from vending facility area. (1) That if vending machines are to be used in or adjacent to the vending facility area, such machines will be considered a part of the vending facility and commissions will be assigned to the Vendor. The location, type and number of vending machines which constitute all or a part of this facility are noted in Attachment F. (m) To comply with all items contained in the Fair Employment Practices/ Civil Rights Addendum, Attachment G. (n) To maintain the vending facility site according to applicable health and safety codes. (o) To provide adequate security within the vending facility to discourage entry when the vending facility is not in operation. 6. Contractor shall have the right to inspect during regular business hours all equipment and space occupied by State and Vendor with respect to safety and sanitary conditions. 7. Contractor is not liable to State or Vendor for any losses which may be incurred or sustained as the result of the operation of the vending facility, except for the subsidy provided under Paragraph 18 of this Agreement, nor shall Contractor be liable to State or Vendor or anyone else for injuries, damages, and losses sus- tained from, by, or arising out of the operation of the vending facility. 8. State shall require, pursuant to Section 7218 of Title 9 of the California Administrative Code, that the Vendor acquire the following insurance on or before the effective date of operation of the vending facility: (a) Public liability and property damage protecting the Contractor, the State and the Vendor, their officers, agents, employees, and servants from liability, including products liability, with a combined single limit of at least $1,000,000•00 . DR 482 - Page 5. 8. State shall require, (cont'd) (b) Fire legal liability coverage in the minimum amount of S.50+400. 00 (c) Workers' Compensation liability in the amount provided by law. Each policy shall be kept in full force throughout the terms of this Agreement and otherwise be in conformity with the terms of this Agreement. 9. Vendor is to file with each, the Contractor and State, a certificate issued to the Contractor, State, and Vendor; said certificate shall set forth: (a) Public liability and property damage protecting the Contractor, the State and the Vendor, their officers, agents, employees, and servants from liability, including products liability, with a combined single limit of at least$,J0001000•0 . (b) Fire legal liability coverage in the minimum amount of $50eOO()- (c) The date of inception and expiration of the insurance coverage. (d) That the Contractor and the State, their officers, agents, employees and servants are named as co-insured. (e) The amount of Workers' Compensation insurance coverage not less than the legal requirements. (f) A statement by the insurance company that it will not cancel or materially alter or change said policy or policies without thirty (30) days prior written notice to the Contractor, State, and Vendor. 10. Except for reasons beyond the State's control, the Contractor shall be given a thirty (30) days notice of the State's intent to transfer, replace or remove the assigned Vendor. 11. The State shall cause the Vendor: (a) To provide physical examination reports and tuberculin test reports showing negative findings for the Vendor and all food handlers, if required by existing statutes and local ordinances and any amendments thereto. (b) To comply with all rules and regulations of the State Department of DR 482 - Page 6. 11. The State shall cause the Vendor: (cont'd) Rehabilitation, Business Enterprise Program, as outlined in Sections 7210-7227, Title 9 of the California Administrative Code. (c) To comply with all state, county and local laws, rules, regulations, and requirements governing the operation of the vending facility, and agree to procure the necessary licenses, permits and food handlers' cards in his name and at no cost to the Contractor or State. Vendor to further agree to post within the vending facility area such permits and licenses or notices as are required by law. (d) To maintain hours of operation as agreed upon by the State and the Contractor. The facility will operate 5 days per week from 7:30 a.m. to 4:30 p.m. (e) To provide all necessary expendable items and consumable supplies such as, but not limited to, paper cups, paper plates, napkins, condiments and so forth. (f) To be responsible for cleaning of equipment in the serving area. (g) To be responsible for cleaning of tables and chairs in the dining area. (h) To be responsible for the janitor service in the kitchen and storage areas. (i) To hire such persons for such hours as he shall deem necessary and pay them wages for such hours of labor, conforming to all requirements of law, including requirements of the health department having jurisdiction, and make necessary deductions from wages for income tax, social security, unemployment insurance and so forth. (j) To grant to all Contractor's employees, guests and invitees the privilege of eating in the dining area. (k) Not under any circumstances sell, dispense, furnish or supply to anyone, or to use, or to permit to be used or consumed, any alcoholic beverages or narcotics, or to conduct any form of wagering, nor to permit to be installed any slot machines or gambling devices, or permit any games of chance in any part of the vending facility area. (1) Not to create or attempt to create any liens upon vending facility area DR 482 - Page 7. 11. The State shall cause the Vendor: (cont'd) and/or equipment by way of chattel mortage or otherwise; nor is he to make any pur- chase in connection with said business in the name of the Contractor or State. (m) Not make any alterations in the vending facility area unless approved in writing, in advance, by the Contractor and State. (n) To comply with all items contained in the Fair Employment Practices/ Civil Rights Addendum, Attachment G. 12. Neither party herein shall be held responsible for damages caused by delay or failure to perform hereunder when such delay or failure to perform is due to fires, strikes, floods, Acts of God, legal acts of the public authorities, failure of utility services, or delays or defaults caused by public carriers which cannot be reasonably forecast or provided against. 13. The relationship created by this Agreement is expressly declared to be not that of employer and employee, nor partner, nor landlord and tenants, nor any other relationship than that the Contractor is furnishing without cost or charge to the State space and utilities in the Contractor's premises as an inducement for the State to carry on its rehabilitation program by providing a blind person an area to operate a service at reasonable price. 14. Neither this Agreement nor any interest hereunder nor any claim hereunder shall be transferred or assigned by the State to any other party or parties unless the State has prior permission in writing from the Contractor, which permission shall not be unreasonably withheld. 15. It is agreed herewith and herein expressly that any or portions of said services to be furnished by the State under the terms of this Agreement are not to be eliminated, reduced or appreciably changed without specific concurrence in writing by the Contractor. 16. It is agreed that all further particulars of the operations, such as serving DR 482 - Page 8. hours, prices, etc., will be settled by mutual agreement between the Contractor and the State and that action on such matters shall be taken only as mutual concurrence. 17. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the parties at the address indicated below the signature. Nothing herein contained shall preclude the giving of any such notice by personal service. The address to which notices shall be made as aforesaid to either party may be changed by written notice given such party to the other as hereinbefore provided. 18. The Contractor does not contract for or desire the right of directing, con- trolling or interfering with the means and methods by which the State shall conduct the vending facility area. However, as the Contractor controls operating schedules, services and food prices, the Contractor will guarantee the Vendor a subsidy of ($ ) per month, which sum shall be reviewed from time to time for reasonableness. As long as the Contractor shall guarantee the Vendor the subsidy stated above, the Vendor shall furnish to the Contractor a monthly statement of operations indicating income, inventory, values and cost of operation. Costs shall include all labor, exclusive of the Vendor and his family, food supplies, operating supplies, insurance, taxes, fees to the Department, outside services and any other overhead items. 19. The State affirmatively supports all federal and state civil rights laws and will not knowingly do business with any agency or entity which discriminates on the basis of ethnic group identification, national origin, race, color, creed, religion, sex, age, sexual orientation, physical or mental disability, medical condition, marital status or ancestry. DR 482 - Page 9. 20. Any additional terms and conditions applicable to this vending facility are included in Attachment H. 21. Prior to the execution of this Agreement, the following paragraphs were deleted: Paragraph 18 / Paragraph 5, Section i / Sect 4 (h ) None J IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of g.PPROVR- AghgOdIgAlirst above written. ;SAIL BUTTON City AttorneY�� v.i,i.^�\Y�'V'uva ia��sivaar�nvsa. C tractor) As3Ha1 �r t 3st t city. yor ATTEST- .2e�ty Clerk Address:' 2000 Main Street Huntington Beach, CA 92648 Attachments: STATE DEPARTMENT OF REHABILITATION BUSINESS_ENTERPRISE PROGRAM Ad or, Busi ess Enterprise Program Address: 2029 J Street Sacramento, CA 95814 ® A. Floor Plan (Section 1) NA ❑ B. Exceptions to Satisfactory Site (Section 1) ® C. -State-owned Equipment (Section 4(f),(g)) ® D. Menu List aadPrices-(Section 4(h),5(a)) ® E. Contractor -owned Equipment (Section 5(d)) NiA, ❑ F. Location, Type and Number of Vending Machines Included as Part of Location (Section 5(1)) G. Fair Employment Practices/Civil Rights Addendum (Section 4(m), 11(n)) �,f�, ❑ H. Additional Terms and Conditions (Section 20) 11 [yam, ;,- �.R; 4 1 STATE OF CALIr=O� RTA v6/ DEPARTMENT OF REHABILITATION -.BUSINESS ENTERPRISE PROGRAM MONTHLYPROPERTY REPORT BY 'LOCATION , MONTH ENDING MAY 31, 1982 PAGE ,.; em 0 .52A - STATE BEP AREA -'' GARDEN GROVE VENDOR -- L€NDGREW GARY BEC - VARVARINECZ, C.R. .:Es - CttY MALL IMAKWINNIN SF, PUNT:INGTON BEACK 00' 92648 "= MANUFACTURERS ACQ aCHED ' STOCK ITE3 # IFEminE.S'CiiPFI'ON S'ERI'AL I' COST DATE .>4 59 4kk4.,t�3.4 0791 3 FREE7_ER-MERCHA'MrSCHAEEER MDOGFS-4et 0&2087 "� 7504G 00 s= O 4k1.'�3"'=€€3�Q795 0 REFR-DISf�--C.O* , UkVERSAL MDVSL42 1 A 914.55 C4 74 50304 00€ .., s 1 41! i1- 4: 0795 0 REFR-DISP-COMhi ,.O VERSAL :MD#€SL42` 1888 $ 914.55 04 74 503:01 W 2 71+95 O25'4112 "8 COUNTERnWOOB;;' CC NDT.MENT $ 595.30 04 7450304 00( 1016471 a 95,025 410 8 COUNTER -WOOD !DlSPL.AY S 715.00 04 74 50304 00( 000474 719 025:'41I1. 6 : CuutiTER-i4ETiin-- SS::TOP-SEV/W DS S 3.535.01 04 74 50JPr 901� 2111476 73 '0 731. 0083 '0 DISPE!{S•-DEV-REF _.JET WAY TWTH S 305.03 � 00€ •.; 1 '7 .f31t#.73k 0102 0 D S,P-BEWOTHER`,?H:0 CH000L.ATE $ 150.90 OC€ 3ZI317a t,t :<3. 7S 'Ca93 3 OVEN -RAM"! ' : TOSHIBA $ 443.00 04 74 50304 0W' �401401 7125. 286 5301 5 SHELVING -UNIT ., SUVER TRUCTURE-Y�i�'? I HIED CANOPY $ 1,87�S.00 94 74 50104 00; °l 3q 3 ft 7 s1":l 4 2 FOC1C WARM0RW FOASfMASFER 732`;k7 5 293.33 02' 71 11116 0 to mS411 ; 1Z5, 3L21QV? @ 7 CABir,''ETWISPL;AY."1ra"0€iDIGARE'FTE RACK S 20S.01 04 74 MW 0% 8 Ct3 "iT R-1vtftt€ii .' AS T= a/!,i DR:A,€ER A 135.00 14 7t 5030.4 I& 41k '�51 ; 451 5100 ;7 S1,14 NAND SI �C 5O. O CO( }; t.. ,z�'S,,kSi�P'' SI LOO 7 SI`tK, ", =SO�: 2''rC�€€'T .; S SCS."CO 04 77 502Rk WSW i 3.:LU' f� .i `7 T Ct �"{. �.. S} I N �3�.. U N:I F=. 6 t�-'T 4J- ,' ", 150 Ev �r0ytsrydd. :3 if 1 �. fy 4H 10p34'.0y.79"57 REFR-DISP-COMN€ ,T`iLER ML)#US35 392877 3 79_2. _5b 01 , 14 01302 all s".�U', .:LLI �A, z0 J i�R.&.��.L...'S.,t'iE[lCHfLl'hs�`t"i��'€-i4�-.i'ER MI�Sfii3 i. T,"�:� .: �� .�,-kGY.�.�`J G>ii' $ .. it ',}F�. `.�.V �75 -.. ��;3.t S' �. 89. Iii i4t"riO.17 `! SAFE `-.:i"eltINK: � a� 226.03 Ok 50211 001 0,19.5 `? ICE- #AK--C�it T.'Et ,S`Lkht$.EApt .S:,D-55tT' UA-T30 S 2,1 09:45 M5 73 5�3�309 30" 4'1I0. 0"TOASTER-:C'OMhiERC ;Tt2ASTM STc"F� 4 SL£3 `,11§V ;-. .. r� 278:.a0 0'5 8C 50420- 011 x;TEM COUNT 2Y T`6IF�tt ,tiC�S�i" yy �S .a", S.i.,.QS1 At Most My WAY - rJ l utY ton,5S, SST ? !{ 33 }yy ♦��y}•t�� -u4 } - -. .,yblot tit R c'-£�$Y�.'ie ATTACHMENT G o FAIR EMPLOYMENT PRACTICES/CIVIL RIGHTS ADDENDUM FAIR EMPLOYMENT PRACTICES 1. In the performance of this contract, the Contractor/Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age*, national origin, physical handicap, or medical condition. The Contractor/Vendor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, zncestry, sex, age, national original, physical handicap or medical condition. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or re- cruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/ Vendor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices Section. 2. The Contractor/Vendor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices Section of this contract. CIVIL RIGHTS 1. Pursuant to Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Contractor/Vendor agrees that no otherwise qualified handicapped individual shall, solely by reason of a handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this contract. 2. Pursuant to the Civil Rights Act of 1964, Title VI, the Contractor/Vendor shall provide all services, financial aid and benefits without regard to race, color, or national origin. REMEDIES FOR WILLFUL VIOLATION 1. The State may determine a willful violation of the Fair Employment Practices Provision of this addendum to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor/Vendor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that has investigated and determined that the Contractor/Vendor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. 2. For willful violation of the Fair Employment Practices/Civil Rights Provisions, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor/Vendor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor/Vendor, the differ- ence between the price named in the contract and the actual cost thereof to the State. *It is unlawful employment practice for an employer to refuse to hire or employ, or to discharge, dismiss, reduce, suspend, or demote, any individual between the ages of 40 and 64 solely on the ground of age,..." (Labor Code Section 1420.1) City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 29, 1978 State of California Department of Rehabilitation Business Enterprise Program 5300 Wilshire Blvd., Room 1400 Los Angeles, California 90048 Attn: Andrew Gram, Business Enterprise Officer Dear Sir: Enclosed is an executed copy of an agreement extending the vending stand concession in the Civic Center to August 14, 1981. This agreement was approved by our City Council at its regular meeting held Monday, September 18, 1978. Sincerely, Alicia M. Wentworth City Clerk AMW:bt REQUE6T FOR CITY COUNCIL ACTION RCA #78-36 Sub nii ed by Floyd G. Bel si to Department Administration Date Prepared September 8 , 1978 Backup Material Attached ® Yes ❑ No Subject Contract between the City and the State Department of Rehabilitation/ Snack Bar in City Hall City Administrator's Comments Approve as recommended. Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue A recent review of the contract between the City and the State Department of Rehabilitation, providing for a legally blind operator to run the snack bar in the Civic Center, revealed that the contract had lapsed. Recommendation Execute the attached agreement with the State Department of Rehabilitation extending the existing terms until 1981. Analysis The agreement provides for an arrangement whereby a legally blind operator is allowed to run his own business on City property. The City is required to provide space free of charge while equipment is provided by the State. The City receives insurance coverage of $1,000,000 liability and $50,000 fire liability. The City retains the right to have the operator removed, if the concession is not satisfactory. Alternatives Not agree to the contract and instead advertise for a wholly private business to operate the concession. Funding Source ;done required. FGB/0LC:pj Pio ins City of Huntington Beach P.O. BOX 190 CAUFORNIA SZ648 OFFICE OF THE CITY ADISINISTRATM August 16, 1978 fir. Andrew Gram, Business Enterprise Officer Department of Rehabilitation 107 S. Broadway, Room 8130 Los Angeles, California 90012 Dear Andy: Enclosed you will find the proposed agreement between the City' of Huntington Beach and the State pertaining to the operation of the snack bar in City Nall. Pursuant to our telephone con- versation.of August 15th, please initial the change made in Paragraph's --Section 1 and return it to my office. I will schedule this agreement for Council approval as soon thereafter as possible. sin erely, Darrel L. Cohoon, Assistant to City Administrator DLC:pj Enclosure Telepbone (714) 536-5201 %'fit. IT � oqw ARTICLES OF AGREEMENT %� 6 THIS AGREEMENT, made and entered into this 14th day of ' August �$1978 , by and between the STATE DEPARTMENT OF REHABILITATION, BUSINESS ENTERPRISE PROGRAM, here- inafter called "STATE", and CITY OF HUNTINGTON BEACH called "CONTRACTOR". W I T N E S S E T H: , hereinafter In consideration of the mutual agreements hereinafter contained the parties agree as follows: 1. Contractor hereby authorizes the State to establish a Vending Stand concession, hereinafter called "CONCESSION" for its employees and guests at Civic Center Administration Building, Huntington Beach, CA 92648 2. The term of this Agreement shall be for a period of three years commencing on AUGUST 14, 1978 and terminating on AUGUST 14, 1981. 3. Either party may terminate this Agreement by giving thirty (30) days' written notice to the other party prior to the date when such termination shall become effective. In the event of termination by either party, it is understood and agreed that the State, at its option, may remove any supplies and equipment not furnished by the Contractor. 4. State agrees: (a) To license and place as an operator in charge of the Concession a blind operator, hereinafter called "OPERATOR", who is eligible and certified for the State's rehabilitation program for the blind. "Blind operator" means a person having not more than 20/200 acuity in the better eye with correcting lenses or having visual acuity greater than 20/200 but with a limitation of the field of vision such -that the widest diameter of the visual field subtends an angle no greater than 20 degrees. This person may be selected by joint agree- ment between the Contractor and the Selection Committee in accordance with the State's established procedure. Page l of 8 DR Form 482 (Rev. 11/76) ' t r (b) That the operator shall provide food and beverages and other items approved by the State and Contractor of good and wholesome quality at reasonable prices solely to employees and visitors of the Contractor. (c) To remove any Operator upon written notice that the Contractor is dissatisfied with the operation of the Concession by that Operator. (d) To license and place in charge of the Concession a different Operator who is- F eligible and certified for the State's rehabilitation program within thirty (30) days after the removal of an Operator pursuant to Paragraph 4 (c) of this Agreement. (e) To provide a temporary operator to maintain the service and continue the opera- tion of the Concession in a scanner reasonably acceptable to the Contractor during the period between the removal of an Operator pursuant to Paragraph 4 (c) of this Agreement and the licensing and placement of another operator pursuant to Paragraph 4 (a) of this Agreement. (f) To diligently enforce the State's rules and regulations governing the opera- tion of the Concession by licensed Operator. (g) To provide all necessary supplies and equipment not specifically provided by Contractor, as listed in Exhibit 'W', attached, and incorporated by reference and made a part hereof. (h) To provide the necessary maintenance and replacement of all State-owned fixtures, equipment and consumable items as listed on Exhibit "A". (i) To provide Contractor with menu list prior to opening date and thereafter sell and dispense items listed in Exhibit "B", attached, and incorporated by reference and made s part hereof, of good quality at prices agreeable to the Contractor and State. ()) To provide physical examination reports and Tuberculin test reports, showing negative finding for the Operator, as required by existing statutes and local ordinances and any amendments thereto an`d by Contractor. (k) To take reasonable care of the equipment furnished by Contractor, and to leave it on the Contractor's premises at the termination of this Agreement in good condition, except for ordinary wear and tear. Page 2 of 8 DR Form 482 (Rev. 11/76) i 5. Contractor agrees: (a) To grant to the State the exclusive right and privilege to operate the Con- cession and to sell and dispense items listed in Exhibit "B" and such other products as may be permitted by Contractor to be sold within the facility. (b) To provide at its own cost and expense for the State's use the space and utilities used for the Concession. (c) To waive all rights of subrogation against State and the Operator for damages caused by fire. (d) To furnish the equipww nt listed in Exhibit "C" and maintain in good repair such equipment so provided to the State for the purpose of these services. (e) To notify State in writing of any conduct of the Operator which the Contractor deems to be contrary to this Agreement, or any other reason for which the Contractor is dissatisfied with the operation of the Concession. (f) Not to direct, control or interfere with the methods of operation utilized by the Operator, licensed by the State, and placedin charge of the Concession. (g) That the State may change the operator who is licensed to operate the Can — cession whenever the State finds that the Operator has failed to comply with the terms of this Agreement, or that the operator has not complied with the rules and regulations of the State. (h) To designate an agent or representative upon whom any and all complaints, demands or notices of any kind way -be served, which State may desire to give or deliver to Contractor in connection with the Concession operation. If Contractor desires to change its designated agent or representative, Contractor agrees to so notify State in writing. (I) To provide a telephone in or adjacent to Concession area for the use of the Operator to make local business calls. (j) To provide janitorial service to the extent of maintaining the cleanliness of floors, walls, ceilings, and windows in the Concession area. Page 3 of 8 DR Fors: 02 (Rov. 11/76) `..d) (k) To make arrangements for collection and disposal of trash and garbage from Concession area. (1) That if vending machines are to be used in or adjacent to the Concession area, such machines will be considered a part of the Concession and commissions will be essipned to the operator. One photo copy machine shall be exempt from the provisions of this paragraph. f7 ;t:;k� 6. Contractor shall have the right to inspect during regular business hours, all equipment and space occupied by State and Operator with respect to safety and sanitary conditions. 7. Contractor is not liable to State or Operator for any losses which may be incurred or sustained as the result of the operation of the Concession, except for the subsidy provided under Paragraph 18 of this Agreement, nor shall Contractor be liable to State or Operator or any one else for injuries, damages, and losses sustained from, by, or arising out of the operation of the Concession. B. State shall require, pursuant to Section 47040 of Title 22 of the California Administrative Code, that the Operator acquire the following insurance on or before the effective date of operation of the Concession: (a) Public liability and property damage protecting the Contractor, the State and the Operator, their officers, agents, employees, and servants from liability including products liability with a combined single limit of at least S1.001),000.oc;. (b) Fire legal liability coverage in the minimum amount of $50,000.00. (c) Workers' compensation liability in the amount provided by law. Each policy shall be kept in full force throughout the term of this Agreement and otherwise be in conformity with the torus of this Agreement. 9. Operator is to file with each the Contractor and State a certificate issued to the Contractor, State. and Operator; said certificate shall set forth: (a) public liability and property da uge. protecting the Contractor, the State and the Operator, their officers, agents, employees, and servants from liability including products liability with a combined single limit of at least $1,000,000.0o. Page 4 of R DR Form 432 (Rev. 11/76) (b)'Fire legal liability coverage in the minimum amount of $25,000.00. (c) The date of inception and expiration of the insurance coverage. (d) That the Contractor and the State, their officers, agents, employees and servants are named as cc -insured. scents. (e) The amount of workers' compensations coverage not less than the legal require - (f) A statement by the insurance company that it will not cancel or materially alter or change said policy or policies without thirty (30) days' prior written notice to the Contractor, State, and Operator. (g) A statement by the insurance company that the Contractor and State are not liable for the payment of any premiums or assessments on said policy or policies. 10. Except for reasons beyond the State's control, the Contractor shall be given a thirty (30) days'nottce of the State's intent to transfer, replace or remove the assigned Operator. In addition the State agrees to replace the Operator within thirty (30) days' notice upon written report from Contractor of unsatisfactory service by the Operator. 11. The State shall cause the Operator: (a) To provide physical examination reports and Tuberculin test reports, showing negative findings for all food handlers, as required by existing statutes and local ordinances and any amendments thereto and by Contractor. (b) To comply with all rules and regulations of the State Department of Rehabili- tation, Business Enterprise Program, as outlined in Section 47060. Title 22 of the California Administrative Code. (c) To comply with all State, County and local laws, rules, regulations, and requirements. governing the preparation, handling; and service of foods, and agree to procure the necessary license*, permits and food handlers` cards in his name and at no cost to the Contractor or State. Operator to further agree to post within the Concession area, in a prominent place, such permits and licenses or notices as are required by law. (d) To maintain hours of operation as agreed upon by the State and the Contractor. Page 5 of S T-R Form 482 (Rev. 11/10 13. The relationship created by this Agreement to expressly declared to be not that of employer and employee, nor partner, nor landlord and tenants, nor any other relation- ship than that the Contractor is furnishing without cost or charge to the State space and utilities in the Contractor's premises as an inducement for the State to carry on its rehabilitation program by providing a blind person an area to operate a service at reasonable prices. 14. Neither this Agreement nor any interest hereunder nor any claim hereunder shall be transferred or assigned by the State to any other party or parties unless the State has prior permission in writing from the Contractor, Which permission shall not be un- reasonably withheld. 13. It is agreed herewith and herein expressly that any or portions of said services to be furnished by the State under the terms of this Agreement are not to be eliminated, reduced or appreciably changed without specific concurrence in writing by the Contractor. lb. It to agreed that all further particulars of the operations. such as serving hours, prices, etc., will be settled by mutual agreement between the Contractor and the State and that action on such matters shall be taken only as mutual concurrence. 17. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited In the United States mail, certified and postage prepaid, and addressed to the parties at the address indicated below the signature. Nothing herein contained shall preclude the giving of any such notice by personal service. The address to which notices shall be wade as aforesaid to either party may be changed by written notice given such party to the other as hereinbefore provided. 18. The Contractor does not contract for or desire the right of directing, controlling or interfering with the means and methods by which the State shall conduct the Concession area. However, as the Contractor controls operating schedules, services and food prices. the Contractor will guarantee the Operator a subsidy of HONE 0 3 per month, which sum shall be reviewed from time - to -time for reasonableness. As long as the Contractor shall guarantee the operator the Page 7 of A (►R Form 4.82 (nev. 11/76) t subsidy stated above, the Operator shall furnish to the Contractor a monthly statement of operations indicating income, inventory, values and cost of operation. Costs shall include all labor, exclusive of the operator and his family, food supplies, operating supplies, insurance, taxes, fees to the Department, outside services and any other overhead items, 19. By reference, State Form DR 451 or 8-Bl•1, attached as Exhibit "D", is incerpora- ted and made a part of this Agreement. 20. Prior to the execution of this Agreement, the following paragraphs were deleted: Paragraph 16/Paragraph S,_Sections i Hone IN WITNESS WHEREOF9 this Agreement has been executed by the parties hereto as of the date first above Written. CITY OF HUN''TIP]GTON BEACH (Contractor) By, (Title) MAYOR ATTEST: Mayor ATTEST: 9/Y � City Clerk 1` STATE DEPARTMENT OF REHABILITATION BUSINESS ENTERPRISE PROGRAM By in str r Bus nterpr se Program Address: AFPROVLD AS FORM • � CAI H 77'ON .� y Attorney PR Tort., 482 (Mv. 1111%) Pav 8 of 8 FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, re- ligion, ancestry, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, or national origin.. Such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion or transfer; recruitment or re:cruitmcnt advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall }post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission. or any other agency of the Statr. of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employ- ment Practices provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has in- vestigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost there- of to the State. STD. FORM 3 (6/72) i� REPORT r 1 STATE OF CALIFOPNIA .f/14/78 � 77�+ATT 1fAft nr•A^�•+..r.•+ ... ,... ., .•... ww •+ +�_•. .,�....iii.niLt d• aver - niiSlii�'.i.i aarie:n`rnjs[. i=hvVndR � • t, s - MONTHLY PROPFRTY REPnkT AY LOCATION f ' MONTH ENDING JUNE 301 I97M PAGE 324 LOCAT30+3 w 52>3 - 570F PEP APEA - LOS ANC)ELES VENDow - S1EYF CNR157lAfi BEO - ANDY GRAM • . ADOPESS, - CITY HALL G_MANSION—-HUNTINGTON BEACH_.--9264Q_. _______ ' ------------------------------------------------------------------------------ i ICE+vT - -- - --- -- - - -- - - -aa -a rr MAhitlFACTttstEPS as as rasa rasa_ ra- - AC(? ------aa SC --- -- - - DOC ®' ' _._TAG.4 — -.-STOCK.. ITEM_! lTEM.DESCPIPT104 _____.._--� __-----__._ ... _. _..___ SERI1►L_M_--_._____.COST_ p+1YE----r —.- t- r -ra- r..r r r -- r -a-- a + r ar r-- r-- r a rr w -- aar + as - as a rrr r - r -- rrrr r - -- a _ rr -ra-- r--- a rar ra as r- r arara rrarrrararrrarrra -aaa-- rrarra-- rra waa rar -- OOORl39.749t1.1?3_300A..4 �OOMS469 REG15TEP-CASN__-l4CR..24-109 �_.__—_--—_._._�_ _93554TT—_�_�S-.._561.33_06 71_.._11679-002944 4110 034 0791 3 F&'f.FTF-P-HFPCHAN SCHALFLW ►•i;rGFS-40 082089 S 750.00 0o0354 OCOR470 4110 034 n79S 0 RcFP-nISP-CONN UNIVERSAL NONSL42 361A34 s 914.55 04 74 50304 000354 �. . 0008471 4110. 034 0799 0. REFR-DISP-CONIM _ UNIVERSAL M00SL42__ ______, �._. ____- 3fstBBe._ _. � . S ._914.55 . _04 J4 _.50304._.000354 • CUDF'472 719S 07.S 4117 A COtf?lTFP-wnnf) C(imo leW s SYS.00 04 74 50304 000354 ncg8473 7195 02S 4112 A C(jU'iTF9-W00r) 015fiLAY s 715.00 04 74 50304 000354 Q' _00?F474.7195_025_4111.6_C411MTEP-ETAL_ S%STUP-EEV/%f_DB__ ——__.5-3+535oOO—O4_.74—.50304--000354—C OQOP475 4110 034 0793 7 ICF-++Aw-CnUfiTFQ kf Yr:OLDS S 1.235.00 04 74 50304 000354 OPOR416 7310 731 AOP3 0 ❑ISPFNS-kfV-RF.F JFT SPkAY TWIN S 305.00 000354 _000P477 7310. 731 .0IO2_0_UI5P-YFY-0Tl EkT.koT CHOCOLATE— �. S._.. 150.00-_.— _. .-.._000354.. OPOP47a 7310 731 0093 3 OVFN-RADAR TOSHIRA s 440.00 04 74 90304 000354 On0A479 7125 284% 5300 S SHFLVIHG-UNIT SOPERSTRUCTUPE-W/LIGHTED CANOPY S 1078.00 04 74 50304 002359 1 —00AP41;0_7410_73L-00R4_.2-FOOD-WAWE^-D4Aw.—TOA5TMASTEN 7�2017 ,- s_..293r33_.02..71-11116-000354 00044SI 7175 717 0010 7 CAPINFT-DISPLAY MOOD -CIGARETTE RACK s 205.00 04 74 50304 000354 00OP4P2 7195 02S 411T A C(%"P'TF0-WO00 CASHIERS/W URAi.EP s 459;.O0 04 74 50304 000354 n0n94034.4510_.451_..0101.7_51MW _NANL):SINK__ _ 5�150.00 _ _.. — _.000354 00OS485 4510 451 0100 7 SINK SS 2'CMPT s 50S.00 04 77 50281 007145 0nr1P4A6 7125 ?A& 53t'0 5 SMFi.V1NG-UNIT tF T SS S 150.00 000354 ' _pOAF407 &.110 034_07145 ¢_aEF--nIcP-Cpw,4_ TYEEM MUMUS35— 392P}77 • s � 742.5b—.01�64�G13Q2-000354 00OA488 4110 034 0791 3 FPFF7Ek-mEACllAN SCHAtttN "UNSC-4 109084 s�750600 000354 00DA499 7110 143 3017 0 SAfE 04F'IL114K s -•------------------ 226.05 Ol 75 ---- 50211 --------------- 000354 � { ITEM COUNT ?I TOTAL COST S 159470.37 �1 L's 0 RXUZXT as mot &,cold soft drinks (coffee i beverag►s) Fresh fruit • Canned Fruit Canned Juices — Canned soups and food products Packaged ice cream , Milk products in containers Prepackaged sandwiches " salads pbstries dips 6 co4kies Packaged food and bevy*ages dl"a W th*u vending re4ieee Sundry items Other items "turlly bireed upon is writt" i r ' . a�M .e+,- ....-w.... _-m�5+-.'7�. •........_...w..f�WIMw6.a.,M rSn :S.�..:..rN.� �'Ya` was• IMIJIT see 1. TrovIds lrbiaE kad electrical for itato Owned Egaipa+mt described In Exhibft A. !. Tables W chair i STATE OF CALIFORNIA—HUMAN RELATIONS r 'ENCY DEPARTMENT OF REHABILITATION -71+1PiTREer 722 Capitol Mall, Pm. 4054 SACRAMENTO, CALIFORNIA 95811 City of Huntington Beach P.O. Box 190 California, CA 92648 Attn: Alicia M. Wentworth City Clerk RONALD REAGAN, Gowtmor Ong} RECEIVEC CITY CLER,X ' •..' crTr rt . HUNTINGA14 OUCH CALIF: November 15, 19M73 NOV 19 pn 9 : 5 7 Enclosed is your copy of the "Articles of Agreement" for a vending concession in the Huntington Beach Civic Center, to be operated by a blind person licensed by the State Department of Rehabilitation. We wish to take this opportunity to thank the City Council for approving this opportunity for a blind person and are certain ire can provide a needed service for employees and visitors to the Center. RH:ec enc, Sincerely, V Robert Melody, Administrator Business Enterprise Program -qm- r } . l November 8, 1973 1� State of California Department of Rehabilitation Business Enterprise Program 6300 Wilshire Blvd, Rm. 140D Los Angeles, CA 90048 ATTN: Andrew Gram Business Enterprise Officer The City Council at its regular me•2ti ng held Monday, November 5, 1973, approved the permit to establish a vending stand concession providing for a "blind operator." We are transmitting two (2) copies of "Articles of Agreement" in regard to the permit for above. Will you kindly execute the agreements and return the "City Clerk's Copy" for our files. - Sincerely, Alicia M. Wentworth City Clerk Arad:1 o Encs. RE STATE OF CALIFORNIA—HUMAN RELATIONS AGENCY Q RONALD REAGAN, Governor DEPARTMENT OF REHABILITATION Business Enterprise Program 6300 Wilshire Blvd, Rm. 1400 Los Angeles, California 90048 May 10, 1973 Mr. Michael A. Miller Deputy City Attorney City of Huntington Beach P. 0. Box 190 Huntington Beach, Calif. 92648 Dear Mr. Miller: e��uNr1NCT � oy kA Y 3 Re: Permit to Establish a Vending Stand The enclosed permit and reference drawing are for your final approval. If this is satisfactory, please sign all copies, retain one copy for your files and return three copies to the writer. AG:em enc. Yours truly, Andrew Cram Business Enterprise Officer r7M Q TO: FROM: SUBJECT: October 18, 1973 City Council City Attorney Civic Center Vending; Concession Contract This agreement was prepared by the State Department of Rehabilitation Business Enterprise Program, pursuant to a go-ahead from the city. It has been reviewed and approved by Aubrey Horn and they City Attorney's office. Basically, the agreement provides for a "blind operator" to establish a vending stand concession in a designated area at the new civic center. The parties' respective responsibilities are spelled out in the contract. Either party may terminate upon thirty days' written notice to the other. Respectfully submitted, DON P. BONFA City Attorney DPB/MHM:k Attachment • CITY OF HUNTINGTON BEACH CA 73-120 COUNCIL - ADMINISTRATOR COMMUNICATION MUN11%GION BEACH To Honorable Mayor and From City Administrator City Council Members Subject CIVIC CENTER VENDING Date October 29, 1973 CONCESSION CONTRACT (AGENDA ITEM E-11) The agreement was prepared by the State Department of Rehabilitation Business Enterprise Program, pursuant to authorization to proceed from the City. It has been reviewed and approved by Aubrey Horn, Civic Center Project Manager, and the City Attorney's office. Basically, the agreement provides for a "blind operator" to establish a vending stand concession in a designated area at the new Civic Center. The parties' respective responsibilities are spelled out in the contract. Either party may terminate on 30 days written notice to the other. Recommendation: Approve the Civic Center vending concession contract. Respectfully submitted, David D. Rowlands City Administrator DDR:eh .. s �CITY CLERK'S A3tTICLES OF AGREM1.'T COPY THIS AGREL' M, made and entered into this 20 day of JULY .'i4 73 . by and between the STATE DZPARTIwh'T OF REHABILITATION, BUSINESS Eh?ERPRISE PROGRRN. here- inafter called "STATE", and CITY OF HIMINGTOV BEACH called "COh'TRACTOR". H I T N E S S E T H: . hereinafter In consideration of the mutual agreements hereinafter contained the parties agree as follows: Is 1. Contractor hereby authorises the State to establish a Vending Stand concession, hereinafter called "CONCESSION" for its employees and guests at Civic Center Admin. Bldg. - 11untington Beach, Calif. 2. The terry of this Agreement shall be for a period of three years commencing on .JUnY 20, I�9�73� _ and terminating on .JL�U, 1976 . 3. Either party way terminate this Agreement by giving thirty (30) days' written notice to the other party prior to the date when such termination shall beconr effective. In the event of termination by either party, it is understood and agreed that the State, at its option, may remove any supplies and equipment not furnished by the Contractor. 4. State agrees: (a) To license and place as an operator in charge of the Concession a blind operator, hereinafter called "OPERATOR", who is eligible and certified for the State's rehebilitatior. program for the blind. "Blind operator" means a person having not more than 20/200 acuity In the better eye with correcting lenses or having visual acuity greater than 20/200 but vith a limitation of the field of vision such that the vilest diameter of the visual field subtends an angle no greater than 20 degrees. This person usy be selected by joint egree- went between the Contractor and the Selection Correittee in accordance with the State's estal;lished procedure. Page I of 8 DR Form 482 (New 3/73) • r f (b) Thst the Operi-dr shall providt food and beve' o And other items approved by the State and Contractor of good and wholesome quality at reasonable prices solely to employees and visitors of the Contractor. • .(c) To remove any Operator upon written notice that the Contractor is dissatisfied with the operation of the Concession by that Operator. (d) To license and place in charge of the Concession a different Operator 61ho is eligible and certified for the State's rehabilitation program within thirty (30) days -after the removal of are Operator pursuant to Paragraph 4 (c) of this Agreement. (e) To provide a temporary operator to maintain the service and continue the opera. tion of the Concession in a manner reasonably acceptable to the Contractor during the period between the removal of an Operator pursuant to Paragraph 4 (c) of this Agret ent . and the licensing and placement of another operator pursuant to Paragraph 4 (a) of this A Sreezent. (f) To diligently enforce the State's rules and regulations governing the opera- tion of the Concession by licensed operator. (g) To provide all necessary supplies and equipment not specifically provided by Contractor, as listed in Exhibit "A", attached, and incorporated by reference and made a part hereof. (h) To provide the necessary maintenance and replacement of all State-owned fixtures. equipment and consumable items as listed on Exhibit "A". (i) To provide Contractor with menu list prior to opening date and thereafter cell and dispense items listed in Exhibit "B", attached, and incorporated by reference and rude a part hereof, of good quality at prices agreeable to the Contractor and Mtatc. (j) To provide physical examination reports and Tuberculin test reports, shoving regative finding for the Operator, as required by existing statutes and local ordinances and any a=endments thereto and by Contractor. A (k) To take reasonable care of the equipze nt furnished by Contractor, and to leave It on the Contractor's premises at the termination of this Agreement in good condition. except for ordinary veer and tear. Page 2 of 8 DR Form 482 (New 3/73) i S. Contractor agrees: (a) To grunt to the State the exclusive right and privilege to operate the Con- cession and to sell and dispense items listed in Exhibit "a" and such other products as ray be*permitted by Contractor to be sold within the facility. (b) To provide at its own cost and expense for the State's use the space and utilities used for the Concession. (c) To waive all rights of subrogation against State and the Operator for damages caused by fire. J (d) To furnish the equipment listed in Exhibit "C" and maintain in good repair such equipment so provided to the State for the purpose of these services. (e) To notify State in writing of any conduct of the operator i6hich the Contractor deems to be contrary to this Agreement, or any other reason for which the Contractor is dissatisfied with the operation of the Concession. (f) Not to direct. control or interfere with the methods of operation utilised by the Operator, licensed by the State, and placedin-charge of the Concession- (g) That the State may change the Operator who is licensed to operate the Can - cession whenever the State finds that the Operator has failed to comply with the terms of this Agreement, or that the Operator has not complied With .the rules and regulations Of the State. (h) To designate, an agent or representative upon ubom any and all complaints, demands or notices of acy kind may be served, which State may desire to give or deliver to Contractor in connection with the Concession operation. If Contractor desires to change its designated agent or representative, Contractor agrees to so notify State in writing. (i) To provide a telephone in or adjacent to Concesaion area for the use of the i Operator to make local business tails. (j) To provide janitorial service to the extent of =atntaining the cleanliness of floors, v4113, ceilings, and windows in tee Concession area. page 3 of 3 DR Form 482,(Vow 3/73) (k) To rake arrangements for collection and dispoW of trash and .garbage from Concession area. (1) That if verding machines are to be used in or adjacent to the Concession area, • such machines will be considered a part of the Concession and conmiasions will be assigned to the Operator. 6. Contractor shall have the right to inspect during regular business hours, all equipment and space occupied by State and Cperator with respect to safety and sanitary conditions. 7. Contractor is not liable to State or Operator for any losses which may be incurred or sustained as the result of the operation of the Concession, except for the subsidy provided under Paragraph i8 of this Agreement, nor shall Contractor be liable to State ' or Operator for any one else for injuries, damages, and losses sustained from, by, or arising out of the operation of the Concession. S. State shall require, pursuant to Section 47044 of Tit1e.22 of the California Administrative Code, that the Operator acquire the following insurance on or before the effective date of operation of the Concession: (a) Public liability and property do age protecting the Contractor, the State and the Operator, their officers, agents, employees, and servants from liability including products liability with a combined single lissit of at least $300,000.00. (b) Fire legal liability coverage in the minimum amount of $25,000.00. (c) Workmen's co:spensation liability in the amount provided by lay. Each policy shall be kept in full force throughout the tern of this Agreesent and otherwise be in conformity with the terms of this Agreement. 9. Operator is to file with each the Contractor and State a certificate iss4sd to the Contractor, State, and Operator; said certificate shall set forty: (a) Public liability and property damage protecting the Contractor, the State and the Operator, their officers, agents, employees, and servants from liability including products liability with a combined single limit of at least $300,000.00. page C of 8 DR Forr. 482 (lieu 3/73) r r i (b) Fire legal lial,,.oity coverage in the minimum a t of $25,000.CO. (c) The date of inception and expiration of the insurance coverage. (d) That the Contractor and the State, their of:icera, agents, employees and servants are naiad as co-insured. ments. (e) The amount of workmen's compensation coverage not less than the legal require- (f) A statement by the insurance company that it will not cancel or materially alter or change said policy or policies without thirty (30) days' prior written notice to the Contractor, State, and Operator. (g) A statement by the insurance company that the Contractor and State are not liable for the psynent of any premiums or assessments on said policy or policies. i 10. Except for reasons beyond the State's control, the Contractor shill be given a thirty (30) days'notice of the State's intent to transfer, replace or remove the assigned Operator. In addition the State agrees to replace the Operator within thirty (30) days' notice upon written report from Contractor of unsatisfactory service by the Operator. 11. The State shill cause the Operator: (a) To provide physical examination reports and Tuberculin test reports, shoving negative findings for all food handlers, as required by existing statutes and local ordinances and any amendments thereto and by Contractor. (b) To comply with all rules and regulations of the State Department of Rehabili- tation, Business Enterprise Program, as outlined in Section 47070, Title 22 of the California Administrative Code. (e) To coapiy with all State, County and local laws, rules, :egulatiors, and requirements, governing the preparation, handling and service of foods, and agree to procure the necessary licenses, permits and food handlers' cards in his nacre and at no cost to the Contractor or State. Operator to further agree to post within the Concession area, in a prominent place, such permits and licenses o. notices as are required by law. (d) To maintain hours of operation as agreed upon by tht State and the Contractor. Page 5of8 DR Fora 482 (New 3/73) • (e) To provide all necessary e.Vandable items and cTns=xble supplies such as, but not limited to, paper cups, paper plates, napkins, condiments and so forth. area. (f) To be responsible'for cleaning of the fixtures and equipasint in the serving • (g) To be responsible for cleaning of tables and chairs in the dining area. (h) To be responsible for the janitor service in the kitchen and storage areas. (i) To hire such persons for such hours as he shall deem necessary and pay them wages for such hours of labor, conforming to all requirements of law, including require - scents of the Health Department having jurisdiction, and mike necessary deductions from wages for income tax, social security, unemployment insurance and so forth. (j) To grant to all Contractor's employees, guests and invitees the privilege of eating in the dining area. (k) Not under any circumstances sell, dispense, furnish or supply to anyone, or to use, or to permit to be used or consumed, any alcoholic beverages or alcoholic liquor, or to conduct any form of wagering, nor to permit to be installed any slot machines or gambling devices, or permit any games of chance in any part of the Concession area. (1) Not to caeste or atterpt to create any liens upon concession area and/or equipment by way of chattel mortgage or otherwise; nor is he to make any purchase in connection with said business in the nacre of the Contractor or State. (o) Not sake any.alterations in the Concession area unless approved in writing, in advance, by the Contractor and State. (n) To comply with the attached Fair Employment Practices Addendum, Standard Form 3 which is incorporated by reference, and made a part hereof. 12. Neither party herein shall be held responsible for dasages caused by delay or failure to perform hereunder when such delay or failure to perform is due to fires, strikes floods, Acts of God, legal acts of the public authorities, failure of utility services, or delays or defaults caused by public carriers -which cantot be reasonably forecast or provided against. Page 6 of 8 DR Form 482 (hew 3/73) 13. The relationship created by this Agreement is expressly declared to be not that of employer and employee, nor partner, nor landlord and tenants, nor any other relation- ship than that the Contractor is furnishing without colt or charge to the State apace and utilities in the Contractor's premises as an inducement for the State to carry on its rehabilitation program by providing a blind person an area to operate a service at reasonable prices. 14. Neither this Agreement nor any interest hereunder nor any claim hereunder shall be transferred or assigned by the State to any other party or parties unless the State has prior permission in writing from the Contractor, which permission shall not be un- reasonably withheld. 15. It is agreed herewith and herein expressly that any or portions of said services to be furnished by the State under the terns of this Agreement are not to be eliminated, reduced or appreciably changed Without specific concurrence in writing by the Contractor. 16. it -is agreed that all further particulars of the operations, such as serving hours, prices, etc., will be settled by mutual agreement between the Contractor and the state and that action on such matters shall be taken only as mutual concurrence. 17. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the parties at the address indicated below the signature. Nothing herein contained shall preclude the giving of any such notice by personal asrvice. Th_ address to which notices shall be anode as aforesaid to either party may be changed by written notice given such party to the other as hereirbefore provided. 16, The Contractor does not contract for -or daiire tha right of directing, controlling or interfering with the means and methods by t,hich Out State shall conduct the Concession area. Yowever, as the Contractor controls operating schedules, services and food prices, the Contractor will guarantee the Operator a subsidy of NONE ) per tPonth, which aum shall be reviewed from time- to-tiWe for reasonableness. As long as the Contractor shall guarantee the Operator the Page 7 of 8 DX Form 482 (mew 3/73) subsidy stated above, the Operator shall furnish to the Contractor a roathly statement of operations indicating income, inventory, values and cost of operation. Costs shall include all labor, exclusive of the operator and his family, food supplies, operating supplies, insurance, taxes, fees to the Department, outside services and any other overhead items. 19. By reference, State Form DR 451 or 8-BI-1, attached as Exhibit "D", is ircor7ora- ted and made a part of this Agreement. 20. Prior to the execution of this Agreeaent, the following paragraphs ver2 deleted: Paragraph 18 1 Paragraph 5, Sections i, hone IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the dste first above written. CITY OF N! NTINGTOH BEACH (Contractor) �y Title) ; MAYO& ATTEST: CRY CLERK CITY OF HUNTINGTON BEACH Address: Office of tlic City Clerk P. 0. Box 190 Hiintin2ton Beach, Calif. 92648 STATE DEPARTM11T OF REHABILITATICN BUSIiTESS EMERPRISE PR0GUM By Administrator Business Enterprise Progr Address: 714 P Street Sacramento, CA 95814 A$ 70 f"Oi%lm D67P. E�:1;:F h m City AAtlirnr Doi }o= 482 (Neu 3/73) Pa ;e 8 of 8 rAlk. MPLOYf`.1EhT PRACTICES ADDI:k �T',N,. 1. In the performance of this contract, the Contractor will not discriminate against any employee or appricant for employment because of race, color, rn.- ligion, ancestry, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their lace, color, religion, ancestry, sex, or national origin. Such action shall include, but not be limited to, the follow- ing: employment, upgrading, derrotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of comp-nsallon; and selection for training, including apprenticeship. Tho Contractor shall post In conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertin-znt data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employe meet Practices provision to have occurred upon receipt of a final judgment !laving that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair £mployr.ent Practices Commission that It has in- vestigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in tart, and nny loss or damage susta-ined by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter inay become due to the Contractor, the difference between the price named in the contract and the actual cost thore- of to the State. STD. FORM 3 (6/72) EXHTBTT 'A' STATE IIIRNISHF.0 Ec4UII'?T.NT • S/S Top Beverage Counter Ice Maker iio t Dog Unit Gondolas, cashier counter, fixtures 2 Display Refrigerators Condiment Table Microwave S/S Sink Section Storage Shelving Partitions Locker Cash Register Jet Spray Carb. Dispenser Ice Tea Uisp. Hot Chocolate Disp. Soup Unit Ice Cream Nerch. freezer EXHIBIT ' B' Hot & cold soft drinks (coffee 6. beverages) Fresh fruit Canned Fruit Canned Juices Canned soups and food products Packaged ice cream Milk products in containers Prepackaged sandwiches to salads to pastries " chips 6 cookies; Packaged food and beverages dispensed 0.ru vending machines Sundry items Other items mutually agreed upon Jn writing EXltiBYT 'C' 1. Provide plumbing and electrical for State Owned Equipment describes ; In Exhibit A. 2. Tables and chairs PEN:,....,T TO ESTABLISH A VENDING STAN,.,.,� As Provided by the Randolph -Sheppard Act as Amended and Chapter 5, Division 10 of the Welfare and Institutions Code Date March 150 1973 Autharity'is given to the Department of Rehabilitation, Business Enterprise Program for the Blind, to establish a Vending Stand x Food Service in the Civic Center Building, located at City of Hur.tington Beach . it is proposed to place the equipment in the basemant of the Administration VtattW building. The space to be occupied will be approximately 18'00' Stand Equipment: The Department of kehabilitatLon will furnish the following equipment which will -remain the property of the Department: 2 display ref rig; -Ice-cream merchandiser; partitions_; s/s beverage counter; gondolas; cash stand; condiment table; microwave wen. cash register; freezer; storage shelving; two-coMartment sink;,•twin 3-yal. coffer nrn All as shown on Drawing #1, vending stand, civic canter by•B.E.P. dated 1015172, ^ Attached hereto and incorporated_ herein as part of this a lreement. „ Coat of equipment will be approx. $ 15,000.00 Articles to be Sold: PreiwrspE2d hot b cold sandwiched hot 6 cold beverages, fresh frgit, canned soups, chili, canned juices, coffee, milk products, desserts,_ salads. _chips fi_ cookies., cigarettes, tobacco productsi sundry items, etc. (NOTE) Coasaissions from .. authorized vending machines immediately adjacent to the snack bar area will be assi=yd to a licensed blind operator Within B.E.P. sub ect to eriodic review and such other items as miay be mutually agreed upon between the permitor and the Depart- ment. Only such items as are listed herein may be sold at this location except on written agreement between the permitor and the Department. It is understood that the Department will 11cenae a qualified blind person to operate this location in accordance with :ts laws ayd regulations, and the Department will replace any operator who becomes unsatiafactc.ry, appointing the blind successor within 30 days and maintaining the service during the period between the removal of one operator and the placement of another. This permit may be terminated by either party upon 30 days' notice in writing. Approval: ve Of Officer in Ch rge of Building � Coordinator, Business Ent rise Program DR Form 451 EXHIBIT "D"