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HomeMy WebLinkAboutMINUTES - 09192000 - SD2 TO: BOARD OF UPER::.:jOR Contra FROM: Phil Batchelor, County Administrator Costa DATE: September 19 2000 County SUBJECT. ESTABLISHMENT OF FEES FOR FIXED AND MOBILE VENDORS RETAIL. FOOD AND/OR BEVERAGE ON COUNTY PROPERTY �` b a SPECIFIC REOL79TS OR RECOMMENOATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDA71ON 1. CONDUCT Public Hearing on establishment of fees for Fixed and Mobile Vendors retail sale of food and/or beverages on County property. 2. RECEIVE oral and written testimony on the proposed fees. 3. CLOSE HEARING and APPROVE establishment of fees. if. FINANCIAL IMPACT The recommended initial fees for Fixed and Mobile Vendors will cover staff costs to develop and Process the applicable License Agreements. The fee scale for Fixed Vendors represent potential new source of revenues. III. REASONS FOR RECOMMENDATION /BACKGROUND On April 18, 2000, your Board approved the Policy for Fixed and Mobile Vendors Retail Sale of Food and/or Beverages at County facilities and requested that the General Services Director return with a fee schedule. On July 25, 2000 your Board fixed August 8, 2000 at 9:00 a.m. for a public hearing to consider establishment of fees for fixed and mobile vendors. On August 8, 2000 your Board held the hearing and requested that staff review the proposed fees for fixed vendors and that this matter be continued to September 19, 2000. There is no change in the recommended initial fee of $300.00 for both fixed and mobile vendors to cover staff casts for development of the applicable License Agreements. However it is recommended that the monthly fee for Fixed Vendors be reduced $100.00 per month from the previous recommendation and begin with monthly gross receipts of $7,500.00 instead of $5,000.00 as previously recommended. The proposed fee does not affect current fixed vendors at County locations. Monthly Gross Sales Receipts_ Monthly Fee Under$7,500.00 -0- 7,500.00- 10,000.00 $ 150.00 10,000.00-12,500.00 250.00 12,500.00 and above 400.00 CIIN4Ffk3EBlht ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -..—,APPROVE OTHER SIGNATUREW: : ACTION OF BOARD t APPROVED AS RECOMMENDED_,,,__e,,._ OTHER_ r VOTE OF SUPERVISORS UNANIMOUS(ABSENT } AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via L/M) I HEREBY CERTIFY THAT THIS IS A TRICE Gaunt Auditor-Controllerdiniato ( a IM L/M AND CORRECT COPY OF AN ACTION TAKEN Y ( ) AND ENTERED ON THE MINUTES OF THE[BOARD County Counsel(via L/M) OF SUPERV S O THE TE SHOWN. Orlg:General Services Department-UM ATTESTED L ATC ..:L ,C K E BOA OF� SU ISORS AND NTY ADMINISTRATOR BY DEPUTY 4 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,CALIFORNIA AFFADAVIT OF MAILING In the Matter of Fixinc, August 8, 2000, m at 9:00 a.m. for a public hearing to) consider establishing fees for public. and mobile vendors. I declare under penalty of perjury that I am now,and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid, a certified copy of the Notice of Hearing to the following: DENNIS J. RAZZARI SEENO CONSTRUCTION CO. DAVIDON HOMES ATTN: GEORGIA OLVERA 1600 SOUTH MAIN STREET,#150 4021 PORT CHICAGO HWY. WALNUT CREEK CA 94596 P. O. BOX 4113 CONCORD CA 94524-4113 JEFF LAWRENCE BRADDOCK&LOGAN 4155 BLACKHAWK PLAZA CIRCLE, STE. 201 DANVILLE CA 94506 GUY BJERKE HONE BUILDERS ASSN. OF NORTHERN CALIFORNIA P. O. BOX 5160 SAN RAMON CA 945835160 DAVID LENNON ROBERT SELDERS HOFMAN COMPANY DIRECTOR OF FORWARD PLANNING P. O. BOX 907 WESTERN PACIFIC HOUSING CONCORD CA 94522 1210 CENTRAL BOULEVARD BRENTWOOD CA 94513 1 declare under penalty of perjury that the foregoing is true and correct. Dated July 31, 2000 at Martinez,California. DepClerk a� TO: BOARD OF SUPER`.... ORS Conti FROM: Phil Batchelor, County Administrator Cast. ATE: August s D � , 2000 County SUBJECT: ESTABLISHMENT OF FEES FOR FIXED AND MOBILE VENDORS RETAIL SALE OF FOOD AND/OR BEVERAGE ON COUNTY PROPERTY SPECIFIC REQUESTS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION 1. CONDUCT Public Hearing on establishment of fees for Fixed and Mobile Vendors retail sale of food and/or beverages on County property. 2. RECEIVE oral and written testimony on the proposed fees. 3. CLOSE HEARING and APPROVE establishment of fees. If. FINANCIAL IMPACT Recommended initial fees for Fixed and Mobile Vendors will cover staff costs to develop and Process the applicable License Agreements. Fee scale for Fixed Vendors represent potential new source of revenues. III. REASONS FOR RECOMMENDATION 1 BACKGROUND On April 18, 2000, your Board approved the Policy for Fixed and Mobilo Vendors Retail Sale of Food and/or Beverages at County facilities and requested that the General Services Director return with a fee schedule. On July 25, 2000 your Board fixed August 8, 2000 at 9:00 a.m. for a public hearing to consider establishment of fees for fixed and mobile vendors. It is recommended that all Fixed and Mobile Food Vendors pay an initial fee of$300.00 to cover staff costs for development of the applicable License Agreements. The approved policy provides that Fixed Food Vendors shall pay a monthly fee. It is recommended that the monthly fee for Fixed Vendors be based on monthly gross sales receipts as follows: Monthly Gross Sales Receipts Monthly Fee Under$5,000.00 -0- 5,1100.00- 7,500.00 $250.00 7,500.00-10,000.00 350.00 10,000.00 and above 500.00 CONTINUED ON ATTACHMENT: YES SIGNATURE: 4IN/COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE u--APPROVE OTHER i SIGNATURE(S):' <C ACTION OF BOA� N Augus $ 2000 APPROVED AS RECOMMENDED OTHER XX IT IS BY THE BOARD ORDERED that the hearing on this matter is CONTINUED to September 19, 2000, at 9:45 a.m. VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT — -- - a AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM} AND CORRECT COPY OF AN ACTION TAKEN Counsel via UM AND ENTERED ON THE MINUTES OF THE BOARD County t ) OF SUPERVISORS ON THE DATE SHOWN. Ong:General Services Department-UM ATTESTED Au�tt9 t $. ZOb© PHIL ATCHELO ,CLERK OF THE BOARD OF SUPERVIS R AND COUNTY ADMINISTRATOR BY DEPUTY Pe TO: BOARD OF SUPER. SORS Contra FROM: Barton J. Gilbert, Director of General Services Costa DATE: July 25, 2000 County SUBJECT: SET PUBLIC HEARING FOR ESTABLISHMENT OF FEES FOR FIXED AND M _ FOOD AND/OR BEVERAGE VENDORS ON COUNTY PROPERTY SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION FIX Tuesday, August 8, 2000 at 9:00 a.m. for a public hearing to establish fees for fixed and mobile vendors at County facilities. II. FINANCIAL IMPACT Recommended initial fees for Fixed and Mobile Vendors will cover staff costs to develop and process the applicable License Agreements. Fee scale for Fixed Vendors represent potential new source of revenues. III. REASONS FOR RECOMMENDATION /BACKGROUND On April 18, 2000, your Board approved the Policy for Fixed and Mobile Vendors Retail Sale of Food and/or Beverages at County facilities and requested that the General Services Director return with a fee schedule. It is recommended that all Fixed and Mobile Food Vendors pay an initial fee of $300.00 to cover staff costs for development of the applicable License Agreements. The approved policy provides that Fixed Food Vendors shall paya monthly fee. It is recommended that the monthly fee for Fixed Vendors be based on monthly gross sales receipts as follows: Monthly Gross Sales Receipts Monthly Fee Under$5,000.00 -0- 5,000.00- 7,500.00 $250.00 7,500.00-10,000.00 350.00 10,000.00 and above 500.00 CONTINUED ON ATTACHMENT: YES SIGNATURE: _R€COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 'PROVE OTHER SIGNATURE S: �` ACTION OF BOA y 25; 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS ., UNANIMOUS(ABSENT o-ne } AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.ALBERT(313-7100) CC: County Administrator(via LIM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller via LfNf AND CORRECT COPY OF AN ACTION TAKEN ) AND ENTERED ON THE MINUTES OF THE BOARD County Counsel(via LIM) OF SUPERVISORS ON THE DATE SHOWN. Orig:General Services Department-L!M ATTESTED Miv 25 CJC) ESERVISORS ATCHEt CLERK OF THE BOARD OF D OOUNTY ADMINISTRATOR BY DEPUTY NOTICE OF PUBLIC HEARING The Contra Costa County Board of Supervisors will hold a public hearing on Tuesday, August 8, 2000 at 9:00 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street, Martinez, California, to consider establishment of fees related to fixed and mobile vendors who sell food and/or beverages on County property. Oral and written presentations on the proposed fees will be considered at the meeting. At least ten (10) days prior to August 8, 2000, information on the proposed fees will be on file in the office of the Clerk of the Board of Supervisors, located at the above address, Room 106, and will be available there for public inspection. Names of persons to contact for more information about specific fees will also be on file. Dated: July 25, 2000 ATTEST: Phil Batchelor, Clerk of the Beard of Supervisors and County Administrator By Barbara S. Grant, Deputy Clerk ................ l' tOwn Carol Chan Costa Assistant Lease P,hanager County Lease Management Division G:\LeaseMgt\CAROL\vendomotice.doc 1'925}313-7260 (925)313-7299 Fax f r Contra Costa County General Services Departmers 1220 MorelloAvenue,suite foo _ ^' ktartinea,CA 94553-4711 TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, Cot~» ty Administrator Contra Costa DATE: August 8, 2000 County tstTJ cT ESTABLISHMENT OF FEES FOR FIXED AND MOBILE VENDORS RETAIL SAIL OF FOOD AND/OR BEVERAGE ON COUNTY PROPERTY SPECIFIC REQUESTS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION 1. RUOMMEENa TA ION 1. CONDUCT public Nearing on establishment of fees for Fixed and Mobile Vendors retail sale of food and/or beverages on County property. 2. DECEIVE oral and written testimony on the proposed fees. 3. CLOSE NEARING and APPROVE establishment of fees. 11. EINANCIAL. IMPA—C7 Recommended initial fees for Fixed and Mobile Vendors will cover Staff costs to develop and Process the applicable License Agreements. Fee scale for Fixed Vendors represent potential new source of revenues. 111. REASft () I Irrt` Ft IiECtIVIATIt?N 1BACKGROC On April 18, 2000, your Board approved the Policy for Fixed and Mobile Vendors Retail Sale of Food and/or Beverages at County facilities and requested that the General Services Director return with a fee schedule. On July 25, 2000 your Board fixed August 8, 2000 at 9:08 a.m. for a public hearing to consider establishment of fees for fixed and mobile vendors. it is recommended that all Fixed and Mobile Food Vendors pay an initial fee of$300.00 to cover staff costs for development of the applicable License Agreements. The approved policy provides that Fixed Food Vendors shall pay a monthly fee. It is recommended that the monthly fee for Fixed Vendors be based on monthly gross Sales receipts as follows: Month/ rQB5 5jle,s Re it MQnthly Under $5,000.00 -0- 5,000.00- 7,500.00 $250.00 7,5001.00-10,000.00 350.00 10,000.00 and above 5001.00 CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _____RECOMMENDATION OF BOARD COMMITTEE —OTHER SIGNATURES ACTION OF BOARD ON, APPROVED AS RECOMMENDED _ ^OTHER_,__,___ VOTE OF SUPERVISORS _ UNANIMOUS(ABSENT —j AYES: NOES: MEDIA CO CT. 13A N J.GILBERT(313- M) CC. County Administrator(via TIM) I HERES CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM) AND COR CT COPY OF AN ACTION TAKEN AND ENTE D ON THE MINUTES OF THE BOA County Counsel(via UM) OF SUPERVI ORS ON THE DATE SHOWN, Orig:General Services Department-LTM ATTES ED__. BATCHELOR,CLERK F THE BOARD S ERVISORS AND CO TY ADMINISTRAT R BY DEPUTY C's:\t.easc M gt\C.A ROL\fooclvendorboardarder.doc STANDARD LICENSE AGREEMENT FOR FIXED VENDORS L PARTIES: Effective on _, the undersigned, hereinafter called "LICENSEE.", and the COUN71"Y OF CONTRA. COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", mutually agree and promise as follows: 2. APPROVAL: Under the terms of this License, COUNTY permission and approval shall be made by the COUNTY Lease Manager. 3. PREMISES: Permission is hereby granted by COUNTY for LICENSEE to enter upon the property of COUNTY, commonly known as for the purpose or purposes of retail sale of food and/or beverages. The specific area of use allowed under this agreement (the "Premises") is shown on Exhibit A attached hereto and made a part hereof. The LICENSEE may not expand beyond the Premises nor change location without prior written approval of the COUN'T'Y. 4. EXCLUSIVE USE: This License is for (check. one) D Exclusive or El Non Exclusive use. LICENSEE shall acquire no interest or estate in property of COUNTY under this License. 5. USE OF COUNT' UTILITIES: LICENSEE may use utilities provided by COUNTY as follows: E]Gas oElectricity C1Telephone oWater. G. BACKGROUND INVESTIGATIONS: LICENSEE and all its ,employees who will be on the Premises shall successfully pass a background investigation prior to their starting at the Premises. 7. TERM, HOURS OF OPERATION: The term of this License shall be month to month, commencing on the date written above. The Premises may be used for the period from to —am./p.m. on clays when the COUNTY property containing the Premises is open for County business, and may be revoked by COUNTY'S Lease Manager, at will. 8. FEE: There shall be an initial fee of THREE HUNDRED AND NO /100 DOLLARS ($300.00) upon execution of this agreement and a monthly fee based on the LICENSEE's monthly gross receipts, in accordance with the following schedule, shall be due and payable in advance on the first clay of each month: oill lv (► .- JtA Mm rlyFf,-e Under $5,000.00 -0- 5,000.00- 7,500.00 $ 250.00 7,500.00- 10,000.00 350.00 10,000.00 and above 500.00 The initial monthly fee shall be based on LICENSEE's estimate of anticipated gross sales receipts. LICENSEE may request reduction of Monthly Fee by submitting documentation of actual monthly gross receipts. At any time during the term of this License, COUNTY may require LICENSEE to provide verification of actual monthly gross receipts and LICENSEE shall provide promptly provide such documentation. Monthly fees are payable in advance on the first day of each month during the term of this agreement to: Contra Costa County General Services Department 1220 Morello Avenue, Suite 200 Martinez, CA 94553 Agreement is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, creed, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Premises; nor shall LICENSEE itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of users or vendors in the Premises. 25. REYOCA"PION/EXPIRATION OF LICENSE: (a) COUNTY by written notice may revoke this license at any time with a THIRTY (30) day written notice to LICENSEE. (b) In the event of revocation, LICENSEE shall not be entitled to obtain from COUNTY any reimbursement for expenses of LICENSEE or for any other purpose. (c) In the event of revocation or expiration of this license, LICENSEE shall immediately vacate COUNTY'S property, remove all equipment and materials therefrom, and shall leave COUNTY'S property .in a condition equal to or better than its present condition. 26. POSSESSORY INTEREST TAX: The County Assessor of Contra Costa County has invoked a possessory interest tax on all rentals of COUNTY and other publicly owned properties. This tax is mandatory by law and is levied on LICENSEE and not the property. The occupant of the property on the lien date, March 1, of the current year, is liable for frill payment, even if the LICENSEE subsequently vacated the Premises. LICENSEE, therefore, must recognize and understand, in accepting this License Agreement, that his/her interest therein may be subject to a possible possessory interest tax that the County Assessor may legally impose on such possessory interest held by the LICENSEE, and that such tax shall be the liability of and be paid by the LICENSEE when due. 27. NOTICES: All notices given hereunder shall be in writing and shall be deemed to have been given ff personally delivered or deposited in the United. States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: To LICENSEE: To COUNTY: Contra Costa COunty General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 GAA-easeMgACAROULieense rixed vendor.doc 5 The undersigned parties, having agreed to the above on this day of 20 at , at _ do hereby attest that it is an accurate and complete statement of the agreement; that it contains all the terms and conditions agreed upon by the parties; and that no ether understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. COUNTY LICENSEE BY _ $y Director of General Services (Signer's Name) (Official Capacity) RECOMMENDED FOR APPROVAL: (Address) By Lease Manager (Phone) By (Signer's Name) (Official Capacity) (Address) (Phone) (NOTE: If LICENSEE is a corporation or non-profit organization, this Agreement should be signed by two officers of the corporation or non-profit organization.) GALeaseMgt\CAR0Wcense fixed vendor.doc 6 9. SECURITY DEPOSIT: On execution of this Agreement, LICENSEE shall deposit with COUNTY $ as a security deposit for the performance by LICENSEE of the provisions of this Agreement. If LICENSEE breaches any of the provisions of this Agreement, COUNTY can use the security deposit, or any portion of it, to cure the breach or to compensate COUNTY for damage sustained by COUNTY resulting from LICENSEE'S breach. If LICENSEE does not breach the provisions of this Agreement, at the expiration of this Agreement, COUNTY shall return the security deposit to LICENSEE. 10. SAFE TY PRECAUTIONS: LICENSEE agrees not to (a) employ or use ways, means or objects which are dangerous or pose hazardous risks over and above those normally incurred in the type of activity contemplated by this Agreement, or (b) load, unload, handle or store any material or substance in, on or around the Premises which would be dangerous or affect the insurance rates over and above those normally incurred in the type of activity contemplated by this Agreement. 11. I,AWFUL CONDUCT: LICENSEE agrees that it will obey and observe, and that it will use due diligence to require all persons entering upon the Premises to obey and observe, all terms of this Agreement and all applicable laws, ordinances, orders, rules, and regulations relating to the use of the Premises whether federal, state or local in origin. LICENSEE shall be responsible for paying all fines, penalties or charges which eilay be levied for violation of laws, orders, rules, regulations, ordinances, and requirements arising out of the operations of LICENSEE or its agents. If LICENSEE receives two (2) citations Froin the County's Health Enforcement Officer for violation of the California Retail Food Facilities Law, the COUNTY may immediately revoke this License Agreement even if LICENSEE has taken corrective action. 12. PERMITS: LICENSEE shall be responsible for obtaining any permits or approvals from any agency having jurisdiction. This License Agreement does not constitute governmental approval by Contra Costa County of this use. 13. USE OF PREMISES.- (a) REMISES:(a) The Premises shall be used exclusively by LICENSEE for retail sale of food and/or beverages, except that the sale of alcoholic beverages is prohibited. LICENSEE agrees that it will not use, the Premises in whole or in part during the term of this agreement for arty purpose other than as hereinabove set forth, except with the prior written consent of the COUNTY'S Lease Manager. (b) LICENSEE shall bring its own equipment, fixtures, and other personal property necessary or convenient to its operation of the Premises. LICENSEE shall subellit to the COUNTY for written prior approval photographs and descriptions of any vending cart, all equipment and utensils and a list of all items to be offered for sale at the site. Changes to the cart, use of any equipment, utensil or sale items must be approved in writing by the COUNTY prior to use. (c) LICENSEE shall not commit, suffer or permit any nuisance in or about said Premises, including but not limited to the use of loudspeakers or other modes of sound amplification. No signs or placards of all advertising or promotional Mature shall be painted, inscribed or placed in or on the Premises or on any building or structure located thereon without the prior written consent of the COUNTY'S Lease Manager. LICENSEE agrees to remove promptly and to the satisfaction of the COUNTY, at the cost and expense of the LICENSEE, upon the expiration of the term or the earlier termination of this .Agreement, any and all signs and placards placed by it upon the Premises. (d) LIC"ENSEE, shall provide a swing top trash container near or on the Premises for public use, and shall pick, up all litter within a radius of 15 feet of the Premises'. LICENSEE shall empty the garbage container(s) daily (or more often if necessary). Disposal of garbage or GALeaseNtgWAROLUcense rixed ven&r Am 2 trash in public trash containers is prohibited. LICENSEE shall remove any spots/stains caused by LICENSEE'S usage of Premises. 14. WARRANTIES: COUNTY does not warrant or represent that the Premises are safe, healthful or suitable for the purposes for which they are permitted to be,used under the terms of this license. 15. MAINTENANCE, ALTERATIONS AND SURRENDER OF PREMISES: (a) LICENSEE shall, throughout the term of this Agreement, maintain the Premises in good, safe, and sanitary condition and keep the Premises in good repair, the same as when received by LICENSEE. (b) The costs of repair of the premises shall be paid for by the LICENSEE. LICENSEE shall return the Premises to County in as ,good condition} as when delivered. (c) All alterations required, including but not limited to provision of electrical outlets and/or water lines, shall be completed by the COUNTY. The LICENSEE shall reimburse the COUNTY for all such costs within 30 days of being requested to do so. LICENSEE shall not make any alterations to the Premises without the consent of COUNTY'S Lease Manager. Any alterations made shall remain on and be surrendered with the Premises on expiration or termination of the term, except that COUNTY can elect to require LICENSEE to pay for removal of any such alterations. 16. DUTY TO GUARD GOODS, FIRE EQUIPMENT: COUNTY shall have no liability for any loss of damage to goods, property, and equipment of LICENSEE or third persons, located upon or used in connection with the said Premises irrespective of the source of such loss or damage. LICENSEE shall provide, at its own expense, such security guards or alarm system as it may deem necessary for the security and protection of its goods and operations. LICENSEE agrees to maintain upon the Premises, at all times and at its own cost and expense, such fire equipment as may be required by COUNTY, local fire officials or other competent authority. LICENSEE shall cause all goods, material, and equipment to be stored in such a manner that any fire equipment and controls on the Premises are readily accessible at all tithes. In the event of any danger or damage to COUNTY'S property caused by fire, earthquake or life hazard, COUNTY shall be immediately notified by LICENSEE. 17. HOLD HARMLESS: LICENSEE shall defend, indemnify, save, and hold harmless COUNTY and its boards, officers, and employees from any and all claims, costs, and liability for any damages, sickness, death or injury to person(s) or property, including, without limitation, all consequential damages from any cause whatsoever arising directly or indirectly from or connected with the operations of or use of the Premises by LICENSEE or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the COUNTY or its officers or employees, and will make good to and reimburse the COUNTY for any expenditures, including reasonable attorneys' fees, the COUNTY may make by reason of such matters and, if requested by the COUNTY, will defend any such suits at the sole cost and expense of LICENSEE. 18. INSURANCE: During the entire term of this Agreement and any extension or modification thereof, LICENSEE shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed. (a) Liability Insurance. LICENSEE shall provide comprehensive general liability insurance, with a minimum combined single-limit coverage of $500,000 for all damages, including consequential damages, clue to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the COUNTY and its GALesseMgt\CAR0L\L1cense rixed vendor.doc 3 boards, officers, and employees as additional insureds as to all operations of LICENSEE under this Agreement. Said policies shall constitute primary insurance as to the COUNTY and its boards, officers, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under LICENSEE'S insurance policy or policies. (b) Certificate of Insurance. LICENSEE shall provide the COUNTY with (a) certificate(s) of insurance evidencing liability insurance as required herein no later than the effective date of this Agreement. If LICENSEE should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Agreement, LICENSEE shall provide (a) current certificate(s) of insurance. (c) Additional Insurance Provisions. The insurance policies provided by LICENSEE shall include a provision for thirty (30) clays written notice to COUNTY before cancellation or material change of the above specified coverage. Coverage verification must be approved by the COUNTY prior to the effective date of this Agreement. 19. DESTRUCTION OF PREMISES: (a) If the .premises shall, during the term of this Agreement or any extension or renewal thereof, be damaged in whole or in part through activities of LICENSEE, the same shall be promptly repaired, rebuilt or replaced, at LICENSEE'S sole expense, at least to the extent of the value, and as nearly as passible to the character of the Premises existing immediately prior to such occurrence within the Premises. (b) Waiver of Civil Code Sections. LICENSEE waives the provisions of Civil Cade Sec. 1921(2) and Civil Code Sec. 1933(4) with respect to any destruction of the Premises. 24. ASSIGNMENT: LICENSEE shall not, either directly or indirectly, assign, hypothecate, encumber or transfer this Agreement or any interest therein, without prier written consent of COUNTY'S Lease Manager. LICENSEE warrants that COUNTY shall incur no duplication of casts as a result of any such assignment. 21. INSPECTION OF PREMISES: COUNTY, its duly authorized representatives, agents or other persons for it, may enter upon said Premises at any and all reasonable times during the term of this Agreement for the purpose of determining whether or not LICENSEE is complying with the terms and conditions hereof or for any other purpose incidental to the rights of COUNTY. 22. WAIVE' S: No waiver by the COUNTY at any time of any of the terms, conditions, covenants or provisions of this Agreement shall be deemed or taken as a waiver at any time thereafter of the same or any other terns, condition, covenant or provision herein contained, nor of the strict and prompt performance thereof by LICENSEE. No option, right, power, remedy or privilege of the COUNTY shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of'the rights, powers, options or remedies given to the COUNTY by this Agreement are cumulative, and no one of.them shall be exclusive of the other or exclusive of any remedies provided by law, and that the exercise of one right, power, option or remedy by the COUNTY shall not impair its rights to any other right, power, option or remedy. 23. ATTORNEYS' FEES. If COUNTY commences, and prevails iri, a lawsuit against LICENSEE to enforce any provision of this Agreement, COUNTY shall' be entitled to such attorneys' fees and costs of suit as the court may deem reasonable. 24. NONDISCRIMINATION: LICENSEE herein covenants by and for itself, its agents, employees, and officers and all persons claiming under or through it that this GAt.esseMg6CAR0ttLicense fixed vrndar.dm 4 STANDARD LICENSE AGREEMENT FOR MOBILE VENDORS 1. PARTIES: Effective on _ , the undersigned, hereinafter called "LICENSEE", and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", mutually agree and promise as follows. 2. APPROVAL: Under the terms of this License, COUNTY permission and approval shall be made by the County Lease Manager. 3. PREMISES: Permission is hereby granted by COUNTY for LICENSEE to enter upon the property of COUNTY, commonly known as for the purpose or purposes of retail sale of food and/or beverages. The specific area of use allowed under this agreement (the "Premises") is shown on Exhibit A attached hereto and made a part hereof. The LICENSEE may not expand beyond the Premises nor change location without prior written approval of the COUNTY. 4. EXCLUSIVE USE: This License is for (check one) 0Exclusive or D Non Exclusive use. LICENSEE shall acquire no interest or estate in property of COUNTY under this License. 5. BACKGROUND INVESTIGATIONS: LICENSEE and all its employees who will be on the Premises shall successfully pass a background investigation prior to their starting at the Premises. 6. TERM, HOURS OF OPERATION: The term of this License shall be`month to month, commencing on the date written above. The Premises may be used for the period from a.m./p.rn. to am./p.m. on days when the property on which the Premises are located is open for County business, and may be revoked by COUNTY'S Lease Manager, at will. 7. FEE: There shall be an initial fee of $300 payable upon execution of this agreement.. The fee is payable to Contra Costa County, and mailed to Contra Costa. County General Services Department, 1220 Morello Avenue, Suite 200, Martine,, Ca 94553. Ii. SECURITY DEPOSIT: On execution of this Agreement, LICENSEE shall deposit with COUNTY $ as a security deposit for the performance by LICENSEE of the provisions of this agreement. If LICENSEE breaches any of the provisions of this Agreement, COUNTY can use the security deposit, or any portion of it, to cure the breach or to compensate COUNTY for damage sustained by COUNTY resulting from I.,ICENSEE'S breach. If LICENSEE does not breach the provisions of this Agreement, at the expiration of this Agreement, COUNTY shall return the security deposit to LICENSEE. 9. SAFETY PRE CAUTIONS: LICENSEE agrees not to (a) employ,or use ways, means or objects which are dangerous or pose hazardous risks over and above those normally incurred in the type of activity contemplated by this Agreement, or (b) load, unload, handle or store any material or substance in, on or around the Premises which would be dangerous or affect the insurance rates over and above those normally incurred in the type of activity contemplated by this Agreement. 10. LAWFUL CONDUCT: LICENSEE agrees that it will obey and observe, and that it will use due diligence to require all persons entering upon the Premises to obey and observe, all terms of this Agreement and all applicable laws, ordinances, orders, rules, and regulations relating to the use of the Premises whether federal, state or local in origin.. LICENSEE shall be responsible for paying all fines, penalties or charges which may be levied for violation of laws, orders, rules, regulations, ordinances, and requirements arising out of the operations of LICENSEE or its agents. If LICENSEE receives two (2) citations frorn the County's health Enforcement Officer for violation of the California Retail Food Facilities Law, the COUNTY may immediately revoke this License Agreement even if LICENSEE has taken corrective action. It. PERMITS: LICENSEE shall be responsible for obtaining any permits or approvals from any agency having jurisdiction. This License Agreement does not constitute governmental approval by Contra Costa County of this use. 12. USE OF PREMISES: (a) The Premises shall be used exclusively by LICENSEE for retail sale of food and/or beverages, except that the sale of alcoholic beverages is prohibited. LICENSEE agrees that it will not use, the Premises in whole or in part during the term of this Agreement for any purpose other than as hereinabove set forth, except with the prior written: consent of the COUNTY'S Lease Manager. (b) LICENSEE shall bring its own equipment, fixtures, and other personal property necessary or convenient to its operation of the Premises,. LICENSEE shall submit to the COUN'T'Y for written prior approval photographs and descriptions of any vending cart, all equipment and utensils and a list of all items to be offered for sale at the site. Changes to the cart, use of any equipment, utensil or sale items must be approved in writing by the COUNTY prior to use. (c) LICENSEE shall not commit, suffer or permit any nuisance in or about said Premises, including but not limited to the use of loudspeakers or other modes of sound amplification. No signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or oil the Premises or on any building or structure locatedthereon without the prior written consent of the COUNTY'S Lease Manager, LICENSEE agrees to remove promptly and to the satisfaction of the COUNTY, at the cost and expense of the LICENSEE, upon the expiration of the term or the earlier termination of this Agreement, any and all signs and placards placed by it upon the Premises. (d) LICENSEE shall provide a swing top trash container near or on the Premises for public use, and shall pick up all litter within a radius of 15 feet of the Premises. LICENSEE shall empty the garbage container(s) daily (or more often if necessary). Disposal of garbage or trash in public or COUNTY'S trash containers is prohibited. LICENSEE shall remove any spots/stains caused by LICENSEE'S usage of Premises. 13. WARRANTIES: COUNTY does not warrant or represent that the Premises are safe, healthful or suitable for the purposes for which they are permitted to be used under the tains of this license. 14. MAINTENANCE OF PREMISES: LICENSEE shall, throughout the terra of this Agreement, maintain the Premises in good, safe, and sanitary condition and keep the Premises in good repair, the sarne as when received by LICENSEE. The costs of repair of the Premises shall be paid for by the LICENSEE. LICENSEE shall return the Premises to County in as good condition as when delivered. 15. DUTY TO GUARD GOODS: COUNTY shall have no liability for any loss of damage to goods, property, and equipment of LICENSEE or third persons, located upon or used in connection with the said Premises irrespective of the source of such loss or,damage. 16. HOI,D HARMLESS: LICENSEE shall defend, indemnify, save, and hold harmless COUNTY and its boards, officers, and employees from any and all claims, costs, and liability for any damages, sickness, death or injury to person(s) or ,property, including, without limitation, all consequential damages from any cause whatsoever arising directly or indirectly from or connected with the operations of or use of the Premises by LICENSEE or GAl_ee9eMgt\CAR0L\Ucense mobile vendor.doe its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the COUNTY or its officers or employees, and will make good to and reimburse the COUNTY for ally expenditures, including reasonable attorneys' fees, the COUNTY may make by reason of such matters and, if requested by the COUNTY, will defend any such suits at the sole cost and expense of LICENSEE. 17. INSURANCE: During the entire term of this Agreement and any extension or modification thereof, LICENSEE shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed. (a) Liability Insurance. LICENSEE shall provide comprehensive general liability insurance, with a minimum combined single-limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, Or death to ally person or damage to or destruction of property, including the loss of use thereof, arising fi-orn each occurrence. Such insurance -,hall be endorsed to include tile COUNTY and its boards, officers, and employees as additional insureds as to all operations of LICENSEE under this Agreement. Said policies shall constitute primary insurance as to the COUNTY and its boards, officers, and employees, so that other insurance policies held by them or their self-insurance prograni(s) shall not be required to contribute to any loss covered under LICENSEE'S insurance policy or policies. (b) Certificate of Insurance. LICENSEE shall provide the COUNTY with (a) certificate(s) of insurance evidencing liability insurance as required herein no later than the effective date of this Agreement. If LICENSEE should renew the insurance policy(ics) or acquire either new insurance policy(ics) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Agreement, LICENSEE shall provide (a) current certificate(s) of insurance. (e) Additional Insurance Provisions. The insurance policies provided by LICENSEE shall include a provision for thirty (30) days written notice to COUNTY before cancellation or material change of the above specified coverage. Coverage verification must be approved by the COUNTY prior to the effective date of this Agreement, 18. ASSIGNMENT: LICENSEE shall not, either directly or indirectly, assign, hypothecate, encumber or transfer this Agreement or any interest therein, without prior written consent of COUNTY'S Lease Manager. LICENSEE warrants that COUNTY shall incur no duplication of costs as a result of any such assignment. 19. WAIVERS: No waiver by the COUNTY at any time of any of the terms, conditions, covenants or provisions of this Agreement shall be deemed or taken as'a waiver at ally titne thereafter of the same or any other term, condition, covenant or provision herein contained, nor of the strict and prompt performance thereof by LICENSEE. No option, right, power, remedy or privilege of the COUNTY shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options or remedies given to the COUNTY by this Agreement are cumulative, and no one of therm shall be exclusive of the other or exclusive of any remedies provided by law, and that the exercise of one right, power, option or remedy by the COUNTY shall not impair its rights to any other right, power, option or remedy. 20. ATTORNEYS' FEES: If COUNTY commences, and prevails in, a lawsuit against LICENSEE to enforce any provision of this Agreement, COUNTY shall be entitled to such attorneys' fees and costs of suit as the court may deem reasonable. 21. NONDISCRIMINATION: LICENSEE herein covenants by and for itself, its agents, employees, and officers and all persons claiming under or through it that this Agreement is made and accepted upon and subject to the following conditions: that there shall be no GALeastM8t\CAR0L\Ucense twbile vendor.dee 3 discrimination against or segregation of any person or group of persons on account of race, color, sex, creed, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Premises; nor shall LICENSEE, itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of users or vendors in the Premises. 22. REVOCATIONIEXPIRATION OF LICENSE: (a) COUNTY by written notice may revoke this license at any time with a THIRTY (30) day written notice to LICENSEE. (b) In the event of revocation, LICENSEE shall not be entitled to obtain from COUNTY any reimbursement for expenses of LICENSEE or for any other purpose. (c) In the event of revocation or expiration of this license, LICENSEE shall immediately vacate COUNTY'S property, remove all equipment and materials therefrom, and shall leave COUNTYS property in a condition equal to or better than its present condition. 23. POSSESSORY INTEREST TAX: The County Assessor of Contra Costa County has invoked a possessory interest tax on all rentals of COUNTY and other publicly owned properties. This tax is mandatory by law and is levied on LICENSEE and not the property. The occupant of the property on the lien date, March 1, of the current year, is liable for Full payment, even if the LICENSEE subsequently vacated the Premises. LICENSEE, therefore, must recognize and understand, in accepting this License Agreement, that his/her interest therein may be subject to a possible possessory interest tax that the County Assessor may legally impose on such possessory interest held by the LICENSEE, and that such tax shall be the liability of and be paid by the LICENSEE when due. 24. NOTICES: All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the Other party as follows or as otherwise designated by written notice hereunder from time to time: To LICENSEE: To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 GA1-easeMgt\CAR01AUcense mobile YeMor Am 4 The undersigned parties, laving agreed to the above on this day of 2! , at do hereby attest that it is an accurate and complete statement of the agreement; that it contains all the terms and conditions agreed upon by the parties; and that no other understandings, Oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. COUNTY LICENSEE By By_ Director of General Services (Signer's Name) (Official Capacity) RECOMMENDED FOR APPROVAL: (Address) By Lease .Manager (Phone) By (Signer's Name) (Official Capacity) (Address) (Phone) (NOI'E. if LICENSEE is a corporation or non-profit organization, this Agreement should be signed by two officers of the corporation or non-profit organization.) GALesseMgt\CAROL\Hcenst mub#tc vendor.due 5 POLICY REGARDING THE SALE OF RETAIL FOOD AND BEVERAGES BY MOBILE AND FIXED VENDORS ON COUNTY PROPERTY SUMMARY AND BACKGROUND A. Administrative Bulletin 519.5 provides that the sale of merchandise is prohibited in County buildings unless authorized by the Board of Supervisors. This Policy constitutes authorization by the Board of Supervisors under Administrative Bulletin 519.5 for mobile and fixed food and/or non-alcoholic beverage vendors to operate on County Property and specifies the conditions under which such operation will be allowed. B. Under Resolution 89/534 the Director of General Services has existing authority to execute, modify, or cancel licenses or use agreements for various uses of County Property for a periodic, occasional, or short-term purpose. This Policy adds the authority to approve, execute, modify, or cancel vendor licenses to operate on County Property to Director of General Services' existing authority and sets out procedures governing vendor`licenses and vendor operations. C. This Policy arises from the request of both vendors and the courts to grant additional vendor licenses. Vendors currently appear to operate at five County facilities. These vendors include both carts or trucks stationed outside County buildings, on County grounds and vending stands located in County buildings. On occasion, other vendors also sell food and/or non-alcoholic beverages at other County buildings or grounds, generally without appropriate permission. At present, no fees or rent are collected from any vendor. All food and/or non-alcoholic beverages vendors operating on County Property are required to show that they have obtained permits from the Department of Environmental Health. Page 1 ARTICLE 1 DEFINITIONS The following definitions apply to this Policy: 1.1. "County Property" shall mean property that is either owned by Contra Costa County or a property that is leased by the County in its entirety, including all contained facilities and grounds. It does not include multiple-tenant buildings in which the County is only one of several tenants. 1.2. "Exclusive License" shall mean a license agreement giving the licensee the sole right to operate a fixed or mobile vending facility at a specific County location. Any license not specifically stated by its terms to be an "Exclusive License" shall be deemed to be a non- exclusive license. 1.3. "Existing Vendor' shall mean a Fixed Vendor or a Mobile Vendor who is operating on County Property on the date this Policy is adopted by the Beard of Supervisors. 1.4. "Fixed Vendor' shall mean a Vendor who operates a vending facility or apparatus (including bath facilities and apparatus which are affixed to a County building and those which are not, such as a stand, cart or wagon) at a fixed, specific location inside or outside a County building and who does not remove his vending apparatus from County Property during or at the end of each day of operation. Stationary vending machines are excluded from this definition and from this Policy. 1.5. "Mobile Vendor' shall mean a Vendor who operates a vending apparatus (such as a stand, truck, trailer, cart or wagon) that can be moved under its own power, pushed or pulled by hand, towed by a motor vehicle, or carried on or in a motor vehicle or trailer, inside or outside the perimeter of a County building, and who removes the vending apparatus from County Property during or at the end of each day of operation. This includes but is not limited to mobile food preparation units and vehicles as defined in the Health and Safety Code. 1.6. "Vendor" shall mean a person (as defined by Contra Costa County Ordinance Code section 16-4.024) who sells retail food and/or non-alcoholic beverages from either a Page 2 mobile or fixed vending facility or apparatus, such as a truck, trailer, cart or wagon, or a fixed facility or stand. ARTICLE 2 GENERAL POLICY PROVISIONS 2.1. Application of Po€icv. This Policy constitutes authorization by the Board of Supervisors, as required by Administrative Bulletin 519.5, of the conditions under which Vendors may sell retail food and/or nonalcoholic beverages on County Property. This Policy only applies to the sale of retail food and beverages on County Property. It does not authorize the sale of any other merchandise on County Property. This Policy only authorizes the sale of food and/or nonalcoholic beverages by Vendors in the areas of County Property that are open to the public. It does not authorize Vendors to operate in non-public or employee working areas. This Policy does not apply to vending machines. Vending of any alcoholic beverages is prohibited on County property. 2.2. Defecation of Author' y IQ Dicector-of General Services. The authority to approve, execute, modify, or cancel Vendor licenses, consistent with the terms of this Policy, is determined to be a ministerial duty, which is delegated to the Director of General Services under Resolution 89/534 or any successor resolution or order of the Board. The Director of General Services shall consult with the head(s) of the County Department(s) who operate out of the County buildings at which a vending facility is proposed prior to issuing a license to a proposed Vendor. The Director of General Services shall also process license applications, issue licenses, and collect any license fees. 2.3. Court Facilities. A license for any County Property that is solely occupied by the Contra Costa County Superior Courts (including courts of limited jurisdiction) shall not be effective unless it is approved by the presiding judge or his/her designee. The director of General Services shall not execute a license to use any facility solely occupied by the Courts unless it is first approved by the presiding judge or his designee. 2.4. AgReals. Any decision regarding Vendor licenses made by the Director of General Services may be appealed to the Board of Supervisors pursuant to Contra Costa County Ordinance Code section 14-4.002 et seq. Page 3 2.5. gPPlica ion of Mobile Vendor Regulation. Where applicable, compliance with Contra Costa County Ordinance Code Chapter 4133, including Article 413-3.16 (Mobile Vendor Regulation), is a condition precedent to operating as a Vendor on County Property. 2.6 Business EnterpdseG for-the- lied. Any fee or rent requirements of this Policy do not apply to blind Vendors certified by the State Department of Rehabilitation [Welfare and Institutions Code section 19625 et seg]. ARTICLE 3 VENDOR LICENSES 3.1. Apoii tion_ or a Vendor License Application for a license to operate as a Vendor on County Property shall be made in writing to the Director of General Services, providing such information as the Director of General Services may request. 3.2. License R%luired. Vendors are prohibited from operating on County Property unless they have executed a standard license agreement with the County. 3.3. Term and Termite ion. The maximum term of any license issued pursuant to this Policy shall be two years. Any license issued under this Policy shall be terminable by the Director of General Services, with or without cause, at any time upon 30-days written notice to the licensee. 3.4. Standard License Acreements The Director of General Services shall develop and maintain a standard form license agreement for Fixed Vendors and one for Mobile Vendors, both in a form to be approved by County Counsel. The standard license agreement for both Fixed Vendors and Mobile Vendors shall address issues of operation, including but not limited to the following: Y Whether the license is exclusive or non-exclusive Location of vending facility License or rental fee Compliance with relevant ordinances Page 4 Garbage disposal and maintenance of County Property Use of County utilities (if applicable) Hours of operation Insurance provisions and indemnification of County Prohibition of sale of alcoholic beverages Prohibition of use of loudspeakers or other modes of sound amplification Payment of any damages inflicted on County Property Prohibition on attaching signs to County Property 3.4.1. Additional Terms Applicable to Fixed Venders Oniy. In addition to the above issues of operation, the standard license agreement for Fixed Vendors may require the payment of a security deposit and will address nondisturbance issues. The standard licanse agreement applicable to Fixed Vendors shall also include a monthly rend based on the gross receipts of the vending facility, to be set and collected by the Director of(General Services. 3.4.2. Cather Terms. Additional requirements may be included in the standard Mobile Vendor and Fixed Vendor license agreements at the discretion of the Director of General Services, subject to approval by County Counsel. 3.5. Review of Competing Requests for License. At the expiration of any license term, the Director of General Services shall review any competing applications for a license submitted for a given location. Following such review, at the discretion of the Director of General Services, no further license may be granted, the existing license may be renewed, a license may be awarded to a new Vendor, or licenses may be awarded to more than one Vendor. 3.6 Applicatilily of Policy_Jo Existing Vendors. No later than 30 days following adoption of this Policy by the Board of Supervisors, Existing Vendors shall be required to enter into a standard license agreement with the County, including the payment of any fee,as set forth in this Policy. Any Existing Vendor who has not entered into a standard license agreement within the said 30-day period shall immediately cease vending operations on County Property and shall no longer be considered to be an "Existing Vendor." !tSTAF-lvend-9o1.wPd Page 5