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HomeMy WebLinkAbout2026-09-08 - AGENDA REPORTS - THE RINK SPORTS PAVILION CONCESSION AGMTO Agenda Item: 8 CITY OF SANTA CLARITA .` AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: September 8, 2026 SUBJECT: CONCESSION AGREEMENT FOR THE RINK SPORTS PAVILION DEPARTMENT: Recreation and Community Services PRESENTER: Kyle Lopez RECOMMENDED ACTION City Council: Award a three-year contract to Top Shelf Bar and Grille for the operation of The Wheel Restaurant at The Rink Sports Pavilion. 2. Authorize the City Manager or designee to execute up to two additional one-year renewal options beginning in year four. 3. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney review. BACKGROUND The City of Santa Clarita (City) is opening The Rink Sports Pavilion (The Rink), a new 25,000- square-foot recreation facility located within the Santa Clarita Sports Complex (SCSC). The facility includes a 12,000-square-foot roller rink, multi -sport programming areas, birthday party spaces, and event venues designed to serve residents and visitors throughout the year. The Rink also includes The Wheel Restaurant (The Wheel), an approximately 960-square-foot food and beverage concession intended to serve daily visitors, organized sports participants, birthday parties, special events, and patrons utilizing SCSC. The selected vendor will pay a monthly base fee of $3,696 and utility fee of $1,200, for a total monthly fee of $4,896. These fees will increase by 3% annually. Additionally, the vendor will pay a monthly percentage revenue fee of 5% for any gross revenue exceeding $33,000. The City conducted a Request for Proposal (RFP) to solicit proposals from qualified and Page 1 Packet Pg. 55 O experienced restaurant operators to operate food and beverage concessions for The Wheel. The RFP was published and circulated via the City's e-procurement system BidNet on July 27, 2026. The City transmitted the solicitation to 868 vendors on BidNet, of which 39 vendors downloaded the RFP. Two companies provided proposals for consideration. These proposals were reviewed and evaluated based on each company's ability to meet the specific needs of the City. An evaluation panel comprised of City staff scored the responses using the following categories of weighted criteria: • Experience and Qualifications (30 points) • Concept/Menu (25 points) • Operations Plan (25 points) • Staffing (15 points) • References (5 points) The evaluation team scored the responsive proposals and held interviews with both vendors. Based on the selection criteria and interviews, the vendors were rated as follows: Rank Company Location Score 1 Top Shelf Bar and Grille Santa Clarita, CA 97.67 2 Primo Nosh Chefs LLC Huntington Beach, CA 88.67 In reviewing proposals and conducting interviews, the evaluation team awarded the highest score to Top Shelf Bar and Grille (Top Shelf). The evaluation team determined that Top Shelf's proposal offered the best overall value to meet the food and beverage service needs of The Rink and surrounding SCSC. Top Shelf proposed a concession concept featuring a variety of food and beverage options for The Wheel and SCSC. The proposal included a menu and operational plan tailored to the facility with a family -friendly service approach. The proposed staffing plan identified a central chef responsible for quality control and consistency, and included staffing intended to support food service operations. The proposal also outlined operational procedures addressing food quality, consistency, and customer service. Overall, the evaluation team determined that Top Shelf's combination of experience, tailored approach, menu concept, and operational plan best aligned with the City's vision and needs for The Wheel. Staff recommends awarding the contract to Top Shelf. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended action and execution of the contract, the projected revenue for the three-year contract is $181,597. Page 2 Packet Pg. 56 O ATTACHMENTS Top Shelf Proposal (available in the City Clerk's Reading File) Sample Contract (available in the City Clerk's Reading File) Page 3 Packet Pg. 57 CLARFIA PAVILION PROPOSAL # RCS-26-27-01 OPERATION OF THE WHEEL CONCESSION City of Santa Clarita, California Submitted by Daniel Chao & Tatiana Chao Santa Clarita Restaurant & Concession Operators Proposal # RCS-26-27-01 I Operation of The Wheel Concession RESPONSE FILE 1.1.1 Introduction / Cover Letter Dear City of Santa Clarita Selection Committee, We are pleased to submit our proposal for the operation of The Wheel Concession. As longtime Santa Clarita business owners and restaurant operators, we are excited about the opportunity to bring our experience in food service, high -volume recreational facilities, catering, community events, and hospitality to another important City facility. Our goal for The Wheel is to create a concession operation that is welcoming, efficient, affordable, clean, and capable of serving both everyday visitors and high -volume special events. If awarded the opportunity, we will form a corporation for this venture with a legal business name to be determined and with Tatiana and Daniel as owners. We appreciate the opportunity to submit this proposal and look forward to the possibility of continuing our partnership with the City of Santa Clarita. Sincerely, Tatiana Chao 661-6 0=7 7 1 Daniel Chao 661-644-5840 Owners / Authorized Representatives Proposal # RCS-26-27-01 I Operation of The Wheel Concession 1.1.2 Company Background and Qualifications Our companies are Santa Clarita-based, family -owned restaurant and hospitality organizations with extensive experience operating restaurants, cafes, concessions, catering programs, and special -event food service. Our restaurant operations include three Eat Real Cafe/restaurant locations in Santa Clarita and Top Shelf Bar & Grill at The Cube - Ice and Entertainment Center. Eat Real was founded locally with a simple goal: provide the Santa Clarita community with fresh, high -quality food in a welcoming environment. Over the years, the concept has expanded into multiple locations and developed additional revenue channels including catering, private events, corporate lunches, baked goods, grab -and -go products, and community partnerships. Our experience expanded further through the operation of Top Shelf Bar & Grill at The Cube. This operation has provided direct experience managing a food and beverage establishment located inside a busy City recreational facility. We are not approaching The Wheel as a passive concession opportunity. We have the infrastructure, management experience, systems, vendors, and local presence necessary to actively operate and grow the concession. 1.1.3 Restaurant Experience Our company has extensive experience operating food -service establishments serving families, athletes, community members, and large groups. • More than a decade of restaurant and food -service operating experience • Operation of multiple restaurant and cafe locations • Current experience operating a concession/restaurant within a City recreational facility • High -volume food production and service • Catering, birthday parties, private events, and large group orders • Youth sports and tournament food service • Grab -and -go concession operations • Staff recruitment, training, scheduling, and management • Food safety, sanitation, and quality -control systems • Point -of -sale systems, financial reporting, menu development, and pricing • Community fundraising and local organization partnerships Eat Real Our Eat Real locations provide breakfast, lunch, beverages, baked goods, catering, and other food -service offerings to the Santa Clarita community. Operating multiple locations has required us to establish systems for purchasing, inventory, food preparation, staffing, training, quality control, sanitation, customer service, and financial management. Top Shelf Bar & Grill at The Cube Our operation of Top Shelf Bar & Grill at The Cube provides highly relevant experience for The Wheel. The Cube is a busy recreational and entertainment environment serving youth sports Proposal # RCS-26-27-01 I Operation of The Wheel Concession organizations, hockey teams, figure skaters, families, spectators, tournaments, camps, parties, and community events. Our team has experience adjusting staffing and food production based on facility schedules, tournament attendance, special events, games, and peak operating periods. • Smash burgers • Pizza • Wings • Breakfast items • Sandwiches • Salads • Appetizers • Coffee and espresso • Baked goods • Grab -and -go snacks • Family -friendly food options Special Events and Catering Our company regularly provides food service for birthday parties, sports teams, tournaments, corporate lunches, private events, community events, fundraisers, school and youth organizations, and large group orders. This experience allows our management team to anticipate volume, prepare food efficiently, adjust staffing, and maintain customer service during periods of increased demand. 1.1.4 Operations Plan 1.1.4.1 Overall Restaurant Concept Our proposed concept for The Wheel is a modern, family -friendly recreational concession offering recognizable favorites alongside fresh and convenient options. The menu will be Proposal # RCS-26-27-01 I Operation of The Wheel Concession designed around the way guests actually use the facility: fast, portable, reasonably priced food that works between activities. Our operating focus will be: Quick Service + Quality Food + Family -Friendly Pricing + Clean Operations. Menu categories may include breakfast offerings, burgers, sandwiches, pizza, hot dogs, chicken items, snacks, baked goods, coffee, beverages, healthier grab -and -go choices, and event -specific offerings. We will continuously evaluate sales data and customer feedback to refine the menu. 1.1.4.2 Customer Service Philosophy Our customer service philosophy is centered on creating a welcoming and dependable experience. Employees will be trained to greet customers promptly, accurately fulfill orders, communicate realistic preparation times, resolve concerns respectfully, maintain clean service areas, understand menu items and allergens, and work efficiently during peak periods. Management will maintain an active presence and regularly review operations to ensure service standards are consistently followed. 1.1.4.3 Food Preparation and Quality Control Food quality and consistency will be maintained through standardized recipes, portioning procedures, approved vendors, proper receiving procedures, temperature monitoring, inventory rotation, and employee training. • Daily opening inspections • Refrigerator and freezer temperature checks • Proper food labeling and dating • FIFO inventory rotation • Standard recipes and portions • Cleaning and sanitation schedules • Food holding temperature monitoring • Manager quality checks • Proper closing and food -storage procedures 1.1.4.4 Event and Catering Operations The Wheel has the potential to become an important food -service resource for parties, competitions, camps, community programs, and other events. We plan to offer packages that make food service easy for organizers and families. • Birthday party packages • Team meals • Pizza packages • Sandwich or wrap platters • Snack and beverage packages • Breakfast packages • Individual boxed meals • Large group and advance orders Proposal # RCS-26-27-01 I Operation of The Wheel Concession For major events, management will review expected attendance in advance and increase staffing, inventory, and food preparation accordingly. 1.1.4.5 Exterior Service Window Operations The exterior service window represents an important opportunity to improve convenience and increase concession accessibility. A streamlined menu may include beverages, coffee, snacks, baked goods, grab -and -go products, and selected hot food items. During high -volume periods, staffing can be divided between interior operations and the exterior window to minimize wait times. 1.1.4.6 Cleaning and Maintenance Procedures Cleanliness will be treated as a core operational responsibility. Our procedures will include daily opening, operating, and closing cleaning checklists covering food preparation surfaces, equipment, refrigeration, floors, counters, storage areas, service areas, exterior service areas, and waste areas. Managers will conduct routine inspections, and preventive maintenance needs will be identified and addressed promptly. • Hood maintenance and cleaning will be kept up to date to comply with NFPA 96 Standards. • Grease removal will be scheduled on a reoccurring basis with Baker Commodities, per page K-02, Equipment Schedule item no. K75. 1.1.4.7 Point -of -Sale and Financial Reporting Capabilities In our experience we have found TOAST to be the best all-around point -of -sale for restaurant and concession operations. TOAST point -of -sale system tracks gross and net sales, sales by category and menu item, discounts, refunds, taxes, payment methods, employee transactions, hourly sales, and daily, weekly, and monthly performance. Financial reports required by the City will be provided according to the concession agreement. Sales data will also be used to improve purchasing, labor scheduling, menu performance, and inventory controls. 1.1.4.8 Compliance with Applicable Health and Safety Requirements Our operation will comply with all applicable City, County, State, and Federal health and safety requirements. Employees will maintain required food -handler certifications, managers will maintain applicable manager -level food safety certifications, and the operation will follow required procedures for food storage, preparation, sanitation, allergen awareness, employee hygiene, temperature control, and workplace safety. In over a decade of owning and operating restaurants, we pride ourselves on the fact that we have never received a health department inspection score lower than an A rating! 1.1.5 Staffing Plan The Wheel will be supported by an experienced management structure rather than relying exclusively on individual concession employees. Daniel and Tatiana Chao will provide executive oversight, financial review, City communication, strategic direction, and overall accountability. Below ownership we have a Chef that oversees all food operations, new menu items, kitchen systems, procedures and training. Proposal # RCS-26-27-01 I Operation of The Wheel Concession Alongside our Chef we employ a District Manager, who oversees all locations and is in direct contact with us during business hours. Their responsibility is to ensure all stores are functioning seamlessly and working with each store's manager to ensure daily operations are kept up to standards. Experienced restaurant management personnel will oversee scheduling, inventory, training, food quality, sanitation, customer service, and daily operating standards. A designated manager or shift leader will be responsible for each operating shift and serve as the first point of contact for employees and facility personnel. Kitchen and food preparation employees will be trained on recipes, portion control, food safety, equipment operation, and sanitation. Cashier and guest -service employees will be trained on POS operation, menu knowledge, customer service, order accuracy, and maintaining clean guest -facing areas. Staffing levels will be adjusted according to daily facility schedules, seasonal activity, tournament schedules, camps, birthday parties, special events, anticipated attendance, and historical POS sales data. We will maintain a cross -trained workforce whenever possible so employees can assist in multiple positions during unexpected rushes. Training and RBS Compliance All employees will be required to complete and maintain a current food handler certificate while employed. Each employee will receive structured training before working independently. Training will include customer service expectations, menu knowledge, POS operation, food preparation, food safety, cleaning and sanitation, opening and closing responsibilities, cash handling, emergency procedures, allergen awareness, and facility -specific policies. Where Responsible Beverage Service (RBS) requirements are applicable to the operation, all required personnel will complete and maintain current RBS training and certification. We will maintain all other certifications required by the City, County, State, or applicable regulatory agencies. 1.1.6 Proposed Operating Hours Our proposed operating hours will be coordinated with The Wheel's facility schedule and the City's requirements, with the goal of ensuring concession service is available during the periods when guests are actively using the facility. We propose operating during scheduled public programming, leagues, practices, competitions, camps, parties, and special events, with opening and closing times adjusted to match customer demand. Exterior service -window hours will likewise be scheduled around facility activity and may be expanded during high -volume events. Staffing will be increased for tournaments, special events, holidays, camps, and other peak operating periods. We are prepared to work collaboratively with City staff to establish final regular operating hours that best serve the facility while maintaining efficient labor and food - service operations. Proposal # RCS-26-27-01 I Operation of The Wheel Concession 1.1.7 References Up to three references for similar restaurant or concession operations performed within the last five years will be provided in the City's requested format. Reference #1 Client / Organization: ASEC Facility: The Cube — Ice and Entertainment Center Contact Person: Darin Mathewson Telephone: 818-652-7532 Email: darin.mathewson@asecllc.com Dates of Service: 08/01 /2025 - current Services Provided: concession, sports bar, catering Reference #2 Client / Organization: Sysco Foods Facility: The Cube — Ice and Entertainment Center / Eat Real Cafe Contact Person: Rafael Malave Telephone: 661-860-9708 Email: Rafael. Malave(a-)sysco.com Dates of Service: 2007 - current Services Provided: wholesale food and supply purchasing Reference #3 Client / Organization: Worldwide Produce Facility: The Cube — Ice and Entertainment Center / Eat Real Cafe Contact Person: Eric Deane Telephone: 213-930-2310 Email: ericd@wwproduce.com Dates of Service: 2022 - current Services Provided: wholesale food purchasing 1.1.8 Signed Certifications and Proposal Forms All certifications, acknowledgements, and proposal forms required by the solicitation will be completed, signed by an individual authorized to bind the proposer, and submitted with the final proposal package. Proposal # RCS-26-27-01 I Operation of The Wheel Concession 1.2 COST PROPOSAL I MENU AND PRICING The Cost Proposal, Statement of Offer and Signature, proposed base fee, and menu pricing will be submitted in accordance with the City's solicitation requirements. The proposal constitutes a firm offer for a 120-day period. Proposed pricing will include all deliverables and meeting attendance required by the scope of work. Proposed Menu and Pricing t 5-\ I \ - 6thaL CLARFIA ,4 9 PORTS PAVILION ........................................................ I ............................ •• .........CONCESSION MENU •...................................................................... t Classic Smaehhurger— Beef patty, American rees de, lettuce. ro..w. pickles & house. — Doubt. Smashburli—Two beef patties, doable cheese. pickles & house sauce * Bacon scoardit ar — Beef patty, bacon, me Arican cheese. grilled aprons & house sauce Add foes to any bu,ger i Cheese Pizza # Pepperoni Pizza M Supreme Pizza — Pepperoni. sausage. Peppers, ortlons & olives Avad,blc by the slice o, as a whale pizza • Classic All -Beef Hat Dag * Classic Nachos — Warm tortilla chips * Chili Cheese Dog wOh &e * Loaded Dog — Chili, cheese, grilled * Loaded Nachos — Cheese, ch[li.j.l.p.fos, onions & jalapenos pico de gall. & sour cream Addseasoned beef V �r Beef -Tel low Fnes * Soft Pretzel with cheese Loaded Fries —Cheese, bacon., grilled • Chips he SPQR em S ,� 'A it CLAR[TA i 0 nk TS PAVILION .................................................................... PARTY & EVENT PACKAGES CELEBRATE • SKATE • EAT • HAVE FUN! * Reserved party area * Reserved party area * Pizza for your guests * Pizza & all -beef hot dogs * Fries or chips * * Beef -tallow fries Q * Fountain drinks * Nachos with cheese * Dedicated party host * Fountain drinks * Birthday skatertreat * Dedicated party host * Reserved or private event space * Customized food menu yy * Buffet -style service i• * Appetizerplatters&desserts * Dedicated event stall onio ns & house sauce + Candy + Chic4enTenders&Fries * Fresh-SakedCaok,es POPULAR ADD-ONS ....................... * Mozzarella Sticks + gaoled water + Faantain Drinks Loaded fries •Nacho bar Soft pretzels • Cookies •Chips • Cardy • Beverages * Onion Rings + SPOHS Drin4s r ' REAL PLAN r YOUR PARTY!, r r I e +e, k 4 * :h Sample Concession Menu Sample Catering Menu A final menu and pricing schedule will be included with the Cost Proposal. Pricing will be designed to remain competitive and family -friendly while supporting quality ingredients, dependable staffing, and sustainable concession operations. 2. SELECTION CRITERIA Our proposal has been developed specifically around the City of Santa Clarita's stated selection criteria. We believe our combination of local restaurant experience, existing City recreational -facility experience, established management systems, community involvement, and a strong food and beverage concept positions our team to successfully operate The Wheel Concession. Proposal # RCS-26-27-01 I Operation of The Wheel Concession 2.1 Scoring Criteria 2.1.1 Experience and Qualifications Our greatest qualification is that we are not entering this opportunity without direct experience. We currently operate multiple successful food -service establishments in Santa Clarita, including a restaurant and concession operation within a City -owned recreational facility. • Three Eat Real locations in Santa Clarita • Top Shelf Bar & Grill at The Cube - Ice and Entertainment Center • Multi -location restaurant management • High -volume recreational facility food service • Youth sports and tournament operations • Catering and large group orders • Birthday parties and private events • Community events and fundraisers • Grab -and -go concession service • Coffee and espresso service • Restaurant and concession staffing • Inventory and purchasing • Food safety and sanitation • POS systems and financial controls • Menu development • Local marketing and community partnerships Our operation of Top Shelf Bar & Grill demonstrates our ability to work within the unique environment of a City recreational facility. We understand that traffic is driven by schedules, leagues, practices, tournaments, camps, parties, and special events, and that customer volume can increase dramatically within minutes. 2.1.2 Concept / Menu Our proposed concept is designed specifically for families, athletes, spectators, and community members using The Wheel. Rather than operating as a traditional concession stand with limited choices, our goal is to create an inviting, modern concession and cafe experience that balances familiar recreational -facility favorites with fresher and more health - conscious options. • Breakfast burritos, breakfast sandwiches, bagels, baked goods, coffee, and espresso • Smash burgers, chicken tenders, pizza, hot dogs, sandwiches, wraps, and salads • Fresh fruit, protein -focused snacks, protein bars, grab -and -go sandwiches and wraps • Water, tea, lemonade, sports/hydration beverages, and other family -friendly beverages A key advantage of our organization is our ability to draw upon the experience of both Eat Real and Top Shelf. Menu performance will be continually reviewed through POS sales data and customer feedback. Proposal # RCS-26-27-01 I Operation of The Wheel Concession 2.1.3 Operations Plan Our operational plan is built around consistency, preparation, accountability, cleanliness, and flexibility. Because our organization already operates multiple food -service establishments, many of the operational systems necessary for The Wheel are already established. • Opening and closing procedures • Employee scheduling and manager oversight • Food preparation standards and standardized recipes • Inventory controls and vendor management • Temperature logs and food safety procedures • Cleaning schedules • Cash -handling procedures • POS reporting • Customer service standards • Equipment maintenance procedures • Event preparation procedures Our operational objective is simple: The concession should be ready when the customer is ready. That means having the appropriate employees, food, equipment, and preparation in place before high -volume periods begin. 2.1.4 Staff ng The Wheel will be supported by ownership, experienced restaurant management, on -site shift leadership, trained food -preparation personnel, and guest -service employees. Staffing will flex according to facility schedules and anticipated attendance, with cross -training used to improve coverage during rush periods and special events. 2.1.5 References Our references will demonstrate our experience operating restaurants, cafes, concessions, catering programs, and food service within the Santa Clarita community. Complete reference information will be included in Section 1.1.7. 2.2 Selection Process We understand that the City may elect to interview proposers whose scores are above a natural break during the evaluation process and that the City reserves the right to make its selection solely on the basis of the submitted proposals without further contact. Accordingly, our proposal is intended to provide a complete representation of our team's experience, operational capabilities, proposed concept, staffing structure, and commitment to successfully operating The Wheel Concession. Should the City request an interview, our ownership and management team will be available to discuss our proposal, answer operational questions, review our proposed menu and pricing, and further demonstrate our vision for The Wheel. Proposal # RCS-26-27-01 I Operation of The Wheel Concession Conclusion We believe The Wheel represents an opportunity to create more than a traditional concession stand. It can become a welcoming food and beverage destination within the facility that improves the experience for families, athletes, spectators, and the Santa Clarita community. Our organization brings the City an established local operator with existing infrastructure, experienced management, multiple successful food -service operations, and direct experience operating within a City recreational facility. Most importantly, Santa Clarita is our community. We have built our businesses here, employed local residents, served local organizations, and developed long-standing relationships throughout the community. We would be honored to bring that same commitment to The Wheel. Daniel Chao & Tatiana Chao Owners / Authorized Representatives Proposal # RCS-26-27-01 I Operation of The Wheel Concession SAN1A CLARITA R 0 in SPORTS PAVILION THE WHEEL COST FILE Cost Proposal: High Capacity Waste and Recycling Trash Can Stations (2): $2,000 Paper Goods: $5,000 Digital Menus: $2,500 Food Inventory: $10,000 Cameras: $4.000 TOAST Point of Sales: $8,000 + monthly subscription ($640) 0nboa rding Toast: $2,000 Employee Training: $4,000 Insurance: $1,500 Corporation: $1,000 Uniforms: $1,000 Printed Menus/Party Menus: $400 Towel & Cleaning Supply Company: $1,500 Business License/Health Permits: $800 Grease Connection: TBD BAKER COMMODITIES Soap/Sanitizer Installation: TBD SYSCO Restaurant Depot Food Container/Cookware: $5,000-$7,000 Sample Menu Pricing: Smashburgers/Burgers with fries: $14-$16 Full Pizza: $22-26.99 Pizza Slice: $4-6 Appetizers (Nachos, Onion rings, mozzarella sticks, nachos, pretzels...): $7-13.99 Hot Dogs with Side: $7 Chicken Tenders with Fries: $13.99 Wings with side of Carrots/Celery: $13.99 Smash Fries: $12.99-14 Sandwiches with side (Turkey/chicken/veggie): $13-15 Salads (Ranch/Ceasar): $12.99-15.99 Breakfast Burrito: $10 Breakfast Quesadilla: $7.99 Coffee: $3-5 Soft Drinks: $3-5 Concession Snacks/Candy: $1-4 Menu options and portion sizes may be added/removed/modified once we are able to access kitchen and assess full kitchen space. Customer order trends and data will be monitored frequently and changes to menu will be made as we see fit for the space and with City approval. Special hardware will be installed behind all digital display menus to allow us remote access, making menu edits quick and easy. .N D' • --ter 1 -� �,,v' Top Shelf Food Item Samples Smash Burger, Nachos, Pretzel REFERENCES PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California The following are the names, addresses, and telephone numbers of three public agencies for which proposer has performed work of a similar scope and size within the past five years. If the instructions on this form conflict with the references requested in the scope of work, the scope of work governs. Complete this form out accordingly. Fill out this form completely and upload it with your proposal. 1. NA Name and Address of Owner / Agency NA Name and Telephone Number of Person Familiar with Project NA NA NA Contract Amount Type of Work Date Completed 2. NA Name and Address of Owner / Agency NA Name and Telephone Number of Person Familiar with Project NA NA NA Contract Amount Type of Work Date Completed 3. NA Name and Address of Owner/ Agency NA Name and Telephone Number of Person Familiar with Project NA NA NA Contract Amount Type of Work Date Completed NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California 1. SUMMARY OF CONTRACTUAL REQUIREMENTS a. A contract is required for any service performed on behalf of the City of Santa Clarita (City). b. By submitting a proposal, you have reviewed the sample contract documents contained within this request for proposals and agree to be bound by the requirements set forth. c. Questions and requests for modification of these terms must be negotiated and approved before proposal submission and are at the full discretion of the City. 2. SUMMARY OF INDEMNITY AND INSURANCE REQUIREMENTS a. These are the Indemnity and Insurance Requirements for Concessionaires providing services or supplies to City of Santa Clarita (City). By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional Contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by City's Purchasing Agent. b. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Concessionaire's liability under this agreement. The full coverage and limits afforded under Concessionaire's policies of Insurance must be available to City and these Insurance Requirements may not in any way act to reduce coverage that is broader or includes higher limits than those required. The Insurance obligations under this agreement are: 1—all the -Insurance coverage and limits carried by or available to the Concessionaire; or 2—the minimum Insurance requirements shown in this agreement, whichever is greater. Any insurance proceeds exceeding the specified minimum limits and coverage required, which are applicable to a given loss, must be available to City. c. Concessionaire must furnish the City with original Certificates of Insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. City may require full -certified copies of all Insurance coverage and endorsements. 3. INDEMNIFICATION a. To the fullest extent permitted by law, CONCESSIONAIRE must defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of an employee of CONCESSIONAIRE or its subcontractors), expense and liability of every kind, nature and description that arise from or relate to (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1) CONCESSIONAIRE's performance of Services under this Agreement, or any part thereof; (2) any negligent act or omission of CONCESSIONAIRE, any subcontractor, anyone directly or indirectly employed by them, or anyone that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other intellectual or proprietary right of any person or persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. b. The foregoing indemnification provisions will not reduce or affect other rights or obligations which would otherwise exist in favor of the CITY and other Indemnitees. c. CONCESSIONAIRE must place in its subcontracting agreements and cause its subcontractors to agree to indemnities and insurance obligations in favor of CITY and other Indemnitees in the exact form and substance of those contained in this Agreement. 4. INSURANCE a. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONCESSIONAIRE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Liquor liability Business automobile liability Workers' compensation Limits $1,000,000/$2,000,000 (aggregate) $1,000,000 $1,000,000 Statutory requirement b. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 011185 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary". such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. c. Liquor liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONCESSIONAIRE will continue to renew the insurance for a period of at least three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONCESSIONAIRE for all claims made by CITY arising out of any errors or omissions of CONCESSIONAIRE, or its officers, employees or agents during the time this Agreement was in effect. d. CONCESSIONAIRE will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, including endorsements, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with California -admitted insurers with (other than workers compensation) a current A.M. Best Company Rating of at least "A: VII." e. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation against CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of the workers compensation policy which arise from work performed by CONCESSIONAIRE for CITY. f. Should CONCESSIONAIRE, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONCESSIONAIRE's expense and deduct the cost of such insurance from payments due to CONCESSIONAIRE under this Agreement or terminate pursuant to TERMINATION section. In the alternative, should CONCESSIONAIRE fail to meet any of the insurance requirements under this Agreement, City may terminate this Agreement immediately with no penalty. g. Should CONCESSIONAIRE'S insurance required by this Agreement be cancelled at any point before expiration of the policy, CONCESSIONAIRE must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONCESSIONAIRE must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONCESSIONAIRE must ensure that there is no lapse in coverage. h. The CITY is entitled to any coverage in excess of the minimums required herein. I have read and understand the above requirements and agree to be bound by them for any work performed for the City. Authorized Signature: <7­Date: Printed Name: \CZ C tr` p DESIGNATION OF SUBCONTRACTORS/SUBCONSULTANTS PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California Listed below are the names and locations of the places of business of each subcontractor, supplier, and vendor who will perform work or labor or render service in excess of %: of 1 percent, or $10,000 (whichever is greater) of the prime contractor's total bid. If no Subcontractors will be used fill out the form with NA. Please add additional sheets if needed. Subcontractor DIR Registration No. Dollar Value of Work NA NA NA Location and Place of Business NA Bid Schedule Item No's: Description of Work NA NA License No. Exp. Date: / / Phone ( ) NA NA NA Subcontractor DIR Registration No. Dollar Value of Work NA NA NA Location and Place of Business NA Bid Schedule Item No's: Description of Work NA NA License No. Exp. Date: / / Phone ( ) NA NA NA Subcontractor DIR Registration No. Dollar Value of Work NA NA NA Location and Place of Business NA Bid Schedule Item No's: Description of Work NA NA License No. Exp. Date: / / Phone ( ) NA NA NA NOTE: A contractor or subcontractor shall not be qualified to propose on, be listed in a proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. ACKNOWLEDGEMENT & ACCEPTANCE OF SCOPE OF WORK PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California By providing the three required signatures below, the Concessionaire acknowledges full understanding, complete agreement to, and accepts in its entirety, all Scope of Work for the Operation of The Wheel Concession. The Concessionaire will be expected to perform maintenance practices and uphold the standards herein to the established Scope of Work throughout the length of the contract. *Restaurant Owner's Signature: Date: *signatures required Addendum No. 1 August 3, 2026 Addendum No. 1 PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the proposal response. I. Non -Mandatory Pre -Proposal Meeting — August 3, 2026 A non -mandatory pre -proposal meeting was scheduled for August 3, 2026, beginning at 8:30 AM (PT). The meeting location was: The Rink Sports Pavilion 20870 Centre Pointe Pkwy Santa Clarita, CA 91350 Attending Staff: • Michele Arima — Buyer, Administrative Services • Jaclyn Abston — Buyer, Administrative Services • Janine Prado — Director, Recreation and Community Services • Kyle Lopez — Management Analyst, Recreation and Community Services • Araz Valijan —Project Management, Public Works • Joe Harris — Recreation and Community Services Supervisor, Recreation and Community Services • Rich Carr — Recreation and Community Services Supervisor, Recreation and Community Services Attending Vendors: • None II. Rescheduled Non -Mandatory Pre -Proposal Meeting The non -mandatory pre -proposal meeting has been rescheduled for August 4, 2026, at 10:00 AM (PT). The meeting will begin promptly at 10:00 AM (PT). Due to the meeting being held within an active construction site, attendees must arrive prior to the scheduled start time to be escorted onto the site by authorized City staff. Vendors arriving after the meeting has begun may not be permitted to enter the construction site or join the tour. PROPOSAL # RCS-26-27-01 Addendum No.1 August 3, 2026 END OF ADDENDUM This addendum must be acknowledged via BidNet and should be included with the response. 7Contr= s representative Date Company Name PROPOSAL # RCS-26-27-01 Addendum No. 2 August 4, 2026 Addendum No. 2 PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the proposal response. I. Non -Mandatory Pre -Proposal Meeting —August 4, 2026 A non -mandatory pre -proposal meeting was rescheduled for August 4, 2026, beginning at 10:00 AM (PT). The meeting location was: The Rink Sports Pavilion 20870 Centre Pointe Pkwy Santa Clarita, CA 91350 Attending Staff: • Michele Arima — Buyer, Administrative Services • Jaclyn Abston — Buyer, Administrative Services • Janine Prado —Director, Recreation and Community Services • Kyle Lopez — Management Analyst, Recreation and Community Services • Regina Andrade — Executive Administrative Assistant, Recreation and Community Services • Joe Harris —Recreation Supervisor, Recreation and Community Services • Rich Carr — Recreation Supervisor, Recreation and Community Services • MenaWassef—Senior Engineer, Publics Works • Araz Valijan — Project Management, Public Works Attending Vendors: • Anjie Robinson, Primo Nosh Chefs • Daniel and Tatiana Chao, Top Shelf Bar The following questions were asked and answered: At the Rink Location: Q1) What are the hours of operation? Al) It depends on programming, but it will tentatively be 8 am —10 pm. Roller skating will be Thursday through Sunday. Foot traffic depends on programming and time of year. Q2) What types of classes will be offered? A2) Youth programs and skating. PROPOSAL # RCS-26-27-01 Addendum No. 2 August 4, 2026 Q3) Is Aquatics foot traffic seasonal? A3) It depends. Swim meets produce a lot of foot traffic. Q4) Can people bring in food to the Aquatic Center? A4) We allow food to be brought in, but only certain kinds. Q5) Does the serving window at the Aquatic Center tie into the POS system at the Rink? A5) No. Q6) Will the Rink host leagues? A6) Yes, Pickleball and Basketball. It is a multi -use facility. The gym will still be the main hub for programming. Q7) For birthday parties, do you have packages? A7) We are still working on that. Q8) Any tables between outdoor basketball courts and the Rink building? A8) We have to look at the regulations. There is potential high value for that area. Q9) Will beer and wine be confined to the building? A9) Yes. Q10) What areas is the selected vendor expected to maintain? A10) The kitchen area only; however, vendor is encouraged to clean up the condiment area and tables next to the food service station. Q11) Will there be a 'grab & go' condiment station? Al I) Yes. Q12) What are projected sales? Q12) We do not know that answer yet. We are starting with a basic schedule. There are also opportunities for events. Q13) Will there be Security? A13) No. We can assess at a later time if Security will be necessary. Q14) What is the opening date? A14) The first half of October. Q15) Will there be cameras allowed in the kitchen? A15) We have the infrastructure and conduits for 14 cameras in the kitchen area. Q16) Are you providing internet for the kitchen area? A16) Yes. PROPOSAL # RCS-26-27-01 °d�;crs� onsn�. Q17) Do we have the permission the vend from a golf cart for the whole facility? A17) We can discuss opportunities. Q18) Can we tap into the complex's PA microphone system to announce orders? A18) Yes. At the Aquatic Center Location: Q19) Were the cabinets in the Aquatics serving area built after the facility? A19) The cabinets were installed when the facility was built. Q20) Was the Aquatics area serving area passed by the Health Department? A20) Yes, Q21) Will the Rink be inspected by the Health Department? A21) Yes. Q22) Was food ever prepared in the Aquatics area? A22) No, but food was warmed in the area. Q23) If there are events on the fields, can we bring food trucks? A23) We can discuss opportunities. Q24) What Aquatics programming is happening now? A24) Toddler time and exercise classes. Attachment(s) Pre -Proposal Meeting Sign -In Sheet The following was reviewed: • Project Scope of Work • Bidding Guidelines END OF ADDENDUM Addendum No. 2 August 4, 2026 This addendum mpstbe acknowledged via BidNet and should be included with the response. C Contrac ors Re resentative Date 1C3f" 5 ' 'j3>ILL- Company Name PROPOSAL # RCS-26-27-01 City of Santa Clarita Pre -Proposal Meeting Sign -In Sheet Pre -Proposal Meeting August 4, 2026 at 10:00 AM (PT) RFP #RCS-26-27-01 Operation of The Wheel Concession Fro sal +[ Au . t 26 2026 BEFORE 11:00 AM CU) lions PRe by Anust 202Q2b BEFtJRE 11:E? AM I hereby waive, release, and hold harmless from any l ability or claims for damages for personal injury, including negligence, as well as from claims for property damage which may arise in connection with the above -named activity, against the supervisors, the City of Santa Clarita, and its elected and appointed officials, agents, and employees. My signature below indicates that I have read, understand, and agree to all of the above. Company First & Fast Name SignatureContact Information Or Business Card Provided (write yes) tel If ►.�rj� ^- 10T, h d - COI Addendum No. 3 August 10, 2026 Addendum No. 3 PROPOSAL # RCS-26-27-01 Operation of The Wheel Concession City of Santa Clarita, California This addendum must be acknowledged via BidNet and should be included with the proposal response. I. Q&A Extended The Q&A period has been re -opened and extended. The new Q&A closing date and time is Tuesday, August 18, 2026, at 2:00 PM (PT). The Proposal Submission deadline remains unchanged and is Wednesday, August 26, 2026, at 11:00 AM (PT). END OF ADDENDUM This addendum mus a acknowledged via BidNet and should be included with the response. C "'V s' Z Con ra "epsentative D to Company Name PROPOSAL # RCS-26-27-01 SAMPLE CONCESSION AGREEMENT FOR THE OPERATION OF THE WHEEL CONCESSION The Rink Sports Pavilion — City of Santa Clarita Agreement No. THIS CONCESSION AGREEMENT (this "Agreement") is entered into as of 20_ (the "Effective Date"), by and between the CITY OF SANTA CLARITA, a California municipal corporation (the "City"), and , a [corporation/limited liability company/partnership] (the "Concessionaire"). The City and the Concessionaire are each a "Party" and collectively the "Parties." RECITALS A. The City owns and operates The Rink Sports Pavilion, a 2.5,000-square-foot multi -use recreation facility located at 20870 Centre Point Pkwy, Santa Clarita, California 91350 (the "Rink"), which features an approximately 12,000-square-foot roller rink, public skating, themed events, and multi -sport programming. B. Within the Rink is an approximately 960-square-foot food and beverage facility known as "The Wheel," together with an exterior walk-up service window that also serves visitors to the surrounding Santa Clarita Sports Complex. C. The City issued Request for Proposals No. RCS-26-27-01 for the operation of The Wheel (the "RFP") seeking a qualified restaurant operator to activate the space and provide high -quality food and beverage services. D. The Concessionaire was selected through the RFP process, and the City wishes to grant to the Concessionaire, and the Concessionaire wishes to accept, the exclusive right and privilege to operate The Wheel concession on the terms set forth in this Agreement. E. The Parties intend that this Agreement create a concession relationship only. This Agreement grants the Concessionaire a license and privilege to operate the concession and does not grant, and shall not be construed to grant, any leasehold estate, easement, tenancy, or other interest in real property, and no landlord -tenant relationship is created. NOW, THEREFORE, in consideration of the mutual covenants set forth below, the Parties agree as follows. ARTICLE I - DEFINITIONS 1.1 "ABC" means the California Department of Alcoholic Beverage Control. 1.2 "City Manager" means the City Manager of the City of Santa Clarita or his or her designee, including the Director of Recreation and Community Services or designated administrator. 1.3 "Commencement Date" means the date on which the City delivers possession of the Premises to the Concessionaire, as confirmed in writing by the City, anticipated to occur on or about the opening of the Rink in Fall 2026. 1.4 "Equipment" means the operational kitchen and service equipment located at the Premises, as identified in the equipment inventory described in Section 3.4 and in Exhibit B. 1.5 "Gross Sales" means the total receipts from all sales of food, beverages, merchandise, catering, and services made at, from, or in connection with the Premises and the concession privileges granted under this Agreement, before any deductions. 1.6 "Premises" means the approximately 960-square-foot indoor restaurant area known as The Wheel, together with the indoor and outdoor walk-up counter, exterior kiosk, prep area, administrative space, service area, janitor's closet, walk-in cooler and freezer, and the exterior walk-up service window, all as depicted in Exhibit A. 1.7 "RBS" means Responsible Beverage Service training and certification as required under California law. 1.8 "Rink" means The Rink Sports Pavilion and its designated seating, event, and program areas. 1.9 "Sports Complex" means the Santa Clarita Sports Complex, including The Centre, the Gymnasium, the Aquatic Center, the Skate Park, and the Bike Park of Santa Clarita. 1.10 "Term" has the meaning given in Article 3. Other terms are defined where they first appear. ARTICLE 2 - GRANT OF CONCESSION 2.1 Grant. The City grants to the Concessionaire the exclusive right, license, and privilege to operate a food and beverage concession at The Wheel during the Term, and the non-exclusive right to use the exterior service window and to provide services at the designated event and seating areas as described in Article 5, all subject to the terms of this Agreement. 2.2 Nature of Interest. This Agreement is a concession and license only. The Concessionaire acquires no estate, interest, or right of possession in the Premises or any other portion of the Rink or Sports Complex beyond the revocable privilege to operate the concession granted herein. Nothing in this Agreement creates a landlord -tenant relationship, a lease, a partnership, a joint venture, or an agency between the Parties. 2.3 Possession. The City will deliver possession of the Premises to the Concessionaire on the Commencement Date in accordance with Section 3. 2.4 Additional Service Location. The Concessionaire may, at its discretion and subject to the City's operating rules, access and use the additional food service location at the Santa Clarita Aquatic Center. 2.5 Reservation of Rights. The City reserves all rights not expressly granted, including the right to control and schedule the Rink and Sports Complex and to access the Premises as provided in this Agreement. ARTICLE 3 - TERM; RENEWAL; POSSESSION 3.1 Initial Term. The initial term of this Agreement commences on the Commencement Date and continues for three (3) years, unless earlier terminated under this Agreement (the "Initial Term"). 3.2 Renewal. This Agreement may be renewed for up to two (2) additional one-year terms (each, a "Renewal Term"), subject to the City's sole discretion and satisfactory performance by the Concessionaire. The Initial Term and any Renewal Terms are collectively the "Term." 3.3 Delivery of Possession. The City will deliver possession of the Premises to the Concessionaire on the Commencement Date. The Concessionaire accepts the Premises and the Equipment in their then -existing "as -is" condition, subject to the City's ongoing maintenance obligations under Article 8. 3.4 Equipment Inventory. On or before the Commencement Date, the City will provide the Concessionaire with a written inventory of the Equipment located at the Premises. ARTICLE 4 - CONCESSION FEE AND FINANCIAL TERMS 4.1 Base Fee. The Concessionaire shall pay the City a base concession fee (the "Base Fee") of $3.85 per square foot per month, equal to Three Thousand Six Hundred Ninety -Six Dollars ($3,696.00) per month for the initial year of the Term. In no event shall the Base Fee be less than $3,696.00 per month. 4.2 Utility Charge. The Concessionaire shall pay the City a monthly utility charge (the "Utility Charge") of One Thousand Two Hundred Dollars ($1,200.00) for the initial year of the Term. 4.3 Total Initial Monthly Amount. The total initial monthly amount payable by the Concessionaire (Base Fee plus Utility Charge) in the first year of the term is Four Thousand Eight Hundred Ninety -Six Dollars ($4,896.00). 4.4 Percentage Revenue Fee. Beginning after the first full calendar month of operation, the Concessionaire shall pay the City a Monthly Percentage Revenue Fee equal to five percent (5%) of the amount by which the Concessionaire's Gross Restaurant Revenue for the prior calendar month exceeds Thirty-three Thousand Dollars ($33,000.00). 4.5 Payment. The Concession Fee is due and payable in advance on the first day of each calendar month, without prior notice, demand, deduction, or offset, at the address for payments set forth in Section 15.1 or as otherwise directed by the City. Any amount not paid when due bears interest at the maximum rate permitted by law until paid. 4.6 Annual Increases. Beginning on the first anniversary of the Commencement Date and on each anniversary thereafter, including during any extensions of the initial term: (a) the monthly Base Fee will increase by three percent (3%). (b) the monthly Utility Charge will increase by three percent (3%). 4.7 Approval of Revisions. Any revision to the financial terms of this Agreement is subject to the mutual agreement of the Parties and approval by the City. 4.8 No Deduction for Alcohol License. The Base Fee and other Concession Fees are independent of, and not reduced by, the City's reimbursement of the alcoholic beverage license cost under Section 6.3. ARTICLE 5 - CONCESSIONAIRE OPERATING OBLIGATIONS 5.1 General Operations. The Concessionaire shall operate a clean, safe, and customer -oriented restaurant that provides a vibrant dining experience and enhances the overall customer experience at the Rink. 5.2 Hours of Operation. The Concessionaire shall maintain service during the operational hours approved by the City and during such additional hours as are necessary to support scheduled events. Proposed operational hours shall be submitted by the Concessionaire and are subject to the City's approval, and shall be consistent with the Rink schedule. 5.3 Menu and Food Service. (a) The Concessionaire shall provide a diverse menu suitable for families and recreational visitors, including core roller -rink food options such as snacks, grab -and -go items, combo and family -friendly meals, and handheld and casual foods. (b) The Concessionaire shall offer specialty and premium offerings that highlight and enhance theme skate nights. (c) All food shall be prepared fresh and served in accordance with all Los Angeles County Health Department requirements. (d) The menu and pricing, and any updates, are subject to the City's approval. (e) If inspected by Los Angeles County, Concessionaire must meet and receive an "A" rating; if not, Concessionaire must resolve any issues preventing an "A" rating prior to the next (if possible expedited) inspection. 5.4 Exterior Service Window. The Concessionaire shall operate the exterior walk-up service window during agreed -upon hours to serve visitors of the nearby basketball courts, bike park, and skate park, and shall maintain adequate staffing to support indoor, outdoor, and special seating service areas. 5.5 Event and Special Seating Service. (a) The Concessionaire shall provide exclusive food service to all designated birthday party seating areas within the Rink. (b) The Concessionaire shall provide timely service to reserved seating areas during private rentals and events. (c) The Concessionaire shall ensure adequate staffing for indoor and exterior window operations during events. 5.6 Right of First Refusal for Events. (a) The Concessionaire shall have the right of first refusal to provide food and beverage services for all birthday parties, private rentals, and City -approved special events held within the Rink. (b) The Concessionaire shall notify the City, within the timeframe established by the City, whether it accepts or declines each such opportunity. The City will provide the Concessionaire with at least ten (10) days' notice of catering opportunities where practicable. (c) If the Concessionaire declines, is unable to meet the event requirements, or fails to respond within the established timeframe, the City reserves the right to secure an alternate food and beverage provider for that event. 5.7 Catering. The Concessionaire shall offer catering menus and package pricing suitable for birthday parties, private rentals, and special events. Catering menus and pricing are at the Concessionaire's discretion, shall be submitted to the City, and shall be updated as approved by the City. 5.8 Staffing. (a) The Concessionaire shall employ qualified staff to support all service functions and shall provide prompt, courteous, and professional customer service. (b) All employees serving alcoholic beverages shall possess all RBS training and certifications required under California law. (c) The Concessionaire shall ensure that uniforms or identifiable attire are worn by staff at all times. 5.9 Equipment; Point -of -Sale System. The City will provide all operational Equipment listed on Exhibit B. The Concessionaire shall provide, install, and maintain all additional equipment and supplies necessary to operate the concession, including a POS system capable of generating auditable records. 5.10 Compliance with Operating Plans. The Concessionaire shall operate in accordance with the operating hours plan, menus, staffing plan, marketing plan, and cleaning and maintenance plans approved by the City under Article 9, and shall perform all maintenance practices and uphold the standards set forth in the RFP Scope of Work throughout the Term. 5.11 Alcohol License. The Concessionaire must apply for and if issued maintain a California ABC Type 41 (on -sale beer and wine) license within ten days after the Effective Date of this Agreement. The cost of the license is subject to reimbursement as set forth in section 6.3. ARTICLE 6 - LICENSES, PERMITS, AND REGULATORY COMPLIANCE 6.1 Permits. The Concessionaire shall obtain and maintain, at its expense (except as provided in Section 6.3), all permits, licenses, and approvals necessary to operate the concession, including all applicable health permits. 6.2 Alcoholic Beverage License. The Concessionaire shall obtain and maintain a California ABC Type 41 (on -sale beer and wine) license for the Premises. Possession of the required license is a condition of operation. 6.3 Reimbursement; License Remains with Facility. The City will reimburse the Concessionaire for the cost of the beer and wine license; however, the license shall remain with the facility. Upon expiration or termination of this Agreement, the Concessionaire shall take all actions reasonably necessary to transfer or surrender the license so that it remains with the facility. 6.4 General Compliance. The Concessionaire shall comply with all applicable federal, state, and local laws, codes, ordinances, and regulations in its operation of the concession, including the Santa Clarita Municipal Code, health and safety laws, and labor laws. To the extent applicable, the Concessionaire and its subcontractors shall be registered and qualified to perform public work pursuant to Labor Code Section 1725.5. 6.5 Non -Discrimination. The Concessionaire shall not discriminate against any person or employee on the basis of any characteristic protected under applicable law in its operations, employment practices, or provision of services under this Agreement. ARTICLE 7 - CONDITION AND USE OF PREMISES; NO ALTERATIONS 7.1 Permitted Use. The Premises shall be used solely for the operation of a food and beverage concession and directly related purposes, and for no other purpose without the City's prior written consent. 7.2 No Alterations. The Concessionaire shall not alter or modify the building structure or interior layout in any way. Any signage, trade fixtures, or non-structural improvements require the City's prior written approval and shall comply with all applicable codes. 7.3 Care of Premises. The Concessionaire shall use the Premises and Equipment with reasonable care and shall not commit or permit waste, nuisance, or unlawful use. ARTICLE 8 - MAINTENANCE, CLEANING, AND UTILITIES 8.1 Concessionaire Responsibilities. The Concessionaire shall, at its expense: (a) maintain the Premises in a sanitary condition at all times; (b) perform all interior cleaning, equipment care, and waste disposal; (c) repair, or reimburse the City for the cost of repairing, any damage to the Premises, the Equipment, or the Rink caused by the Concessionaire's operations, employees, agents, or invitees; and (d) maintain the Equipment in good working order, ordinary wear and tear excepted. 8.2 City Responsibilities. The City shall: (a) provide the Concessionaire with access to the Premises; (b) maintain the building exterior and structural systems of the Rink; (c) provide all operational Equipment except the POS system; and (d) provide the Concessionaire with the equipment inventory described in Section 3.4. 8.3 Utilities. Utility service to the Premises is addressed through the monthly Utility Charge under Article 4, subject to annual re-evaluation and renegotiation based on actual usage. ARTICLE 9 - REPORTING, RECORDS, AND MEETINGS 9.1 Monthly Reports. The Concessionaire shall submit to the City a monthly Gross Sales report. 9.2 Annual Reports. The Concessionaire shall provide to the City annual financial statements and an annual maintenance report. 9.3 Point -of -Sale and Records. The Concessionaire shall maintain a POS system capable of generating auditable records and shall keep complete and accurate books and records of all Gross Sales and operations for at least three (3) years. 9.4 Audit Rights. The City may, upon reasonable notice, inspect and audit the Concessionaire's books, records, and POS data relating to the concession. If an audit discloses an underpayment of any Percentage Fee or other amount, the Concessionaire shall promptly pay the deficiency; if the deficiency exceeds three percent (3%), the Concessionaire shall also pay the reasonable cost of the audit. 9.5 Deliverables. The Concessionaire shall provide and keep current the following: an operating hours plan; initial and updated menus (including catering menus); a staffing plan; a marketing plan; and cleaning and maintenance plans. 9.6 Meetings. The Concessionaire shall participate in: (a) a startup meeting after award; (b) weekly performance meetings during the first year of the Term, which may transition to as - needed performance meetings; and (c) an annual performance review. ARTICLE 10 - INDEMNIFICATION 10.1 Indemnity. To the fullest extent permitted by law, the Concessionaire shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless the City and its officers, agents, departments, officials, representatives, and employees (collectively, the "Indemnitees") from and against any and all claims, loss, cost, damage, injury (including, without limitation, economic harm and injury to or death of an employee of the Concessionaire or its subcontractors), expense, and liability of every kind, nature, and description (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, fees of expert consultants or expert witnesses, and costs of investigation) that arise from or relate to, directly or indirectly, in whole or in part: (a) the Concessionaire's performance under this Agreement, or any part thereof; (b) any negligent act or omission of the Concessionaire, any subcontractor, anyone directly or indirectly employed by them, or anyone that they control; (c) any actual or alleged infringement of any patent, copyright, trade secret, trade name, trademark, service mark, or other intellectual or proprietary right in consequence of the use by the City or any other Indemnitee of articles or services supplied under this Agreement; or (d) any breach of this Agreement (collectively, "Liabilities"). 10.2 Exclusion. The obligations to defend, hold harmless, and indemnify do not apply to the extent the Liabilities are caused by the sole negligence or willful misconduct of the Indemnitee, but shall apply to all other Liabilities. 10.3 No Reduction of Other Rights. The foregoing indemnification provisions do not reduce or affect any other rights or obligations that would otherwise exist in favor of the City and the other Indemnitees. 10.4 Flow -Down. The Concessionaire shall include in its subcontracts, and shall cause its subcontractors to agree to, indemnity and insurance obligations in favor of the City and the other Indemnitees in the same form and substance as those contained in this Agreement. 10.5 Survival. The obligations under this Article 10 survive the expiration or termination of this Agreement. ARTICLE I I -INSURANCE 11.1 Required Coverage. Before commencing performance under this Agreement, and at all times this Agreement is effective, the Concessionaire shall procure and maintain the following insurance with limits no less than those set forth below: Type of Insurance Minimum Limits Commercial general liability $1,000,000 Liquor liability $1,000,000 Business automobile liability $1,000,000 Workers' compensation Statutory requirement 11.2 Commercial General Liability. Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage. Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies shall be endorsed to name the City, its officials, and employees as "additional insureds" and to state that such insurance is "primary," such that any other insurance carried by the City is excess. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance shall be on an `'occurrence," not a "claims made," basis and shall not be cancelable or subject to reduction except upon thirty (30) days' prior written notice to the City. 11.3 Liquor Liability. Liquor liability coverage shall be on an "occurrence" basis if available, or on a `'claims made" basis if not. When coverage is provided on a claims -made basis, the Concessionaire shall continue to renew the insurance for at least three (3) years after this Agreement expires or is terminated, with the same coverage and limits as the policy in effect during the Term. 11.4 Certificates and Insurers. The Concessionaire shall furnish the City with duly authenticated Certificates of Insurance evidencing the required coverage, including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the CGL policy, before work begins. The City may require full certified copies of all coverage and endorsements. Insurance shall be placed with California -admitted insurers with a current A.M. Best Company rating of at least "AN11" (other than workers' compensation). 11.5 Waiver of Subrogation. The insurer(s) shall waive all rights of subrogation against the City and its elected or appointed officers, officials, agents, volunteers, and employees for losses paid under the workers' compensation policy arising from work performed by the Concessionaire for the City. 11.6 Failure to Maintain. If the Concessionaire fails to obtain or maintain the required insurance, the City may obtain such coverage at the Concessionaire's expense and deduct the cost from amounts due to the Concessionaire, or terminate this Agreement under Article 12. In the alternative, if the Concessionaire fails to meet any insurance requirement, the City may terminate this Agreement immediately with no penalty. 11.7 Cancellation. If the Concessionaire's required insurance is cancelled before its expiration, the Concessionaire shall notify the City within twenty-four (24) hours of receiving notice of cancellation and shall obtain replacement coverage meeting all requirements within ten (10) days of the prior insurer's issuance of the notice of cancellation, ensuring no lapse in coverage. 11.8 Excess Coverage. The City is entitled to the benefit of any coverage in excess of the minimums required, and all coverage and limits carried by or available to the Concessionaire shall be available to the City. The insurance obligations under this Agreement are the greater of (a) all coverage and limits carried by or available to the Concessionaire, or (b) the minimum requirements set forth in this Article. ARTICLE 12 - DEFAULT, TERMINATION, AND REMEDIES 12.1 Termination by the City for Convenience. Consistent with the RFP, the City may terminate this Agreement, with or without cause, at any time and without penalty, upon written notice to the Concessionaire. Upon such termination, the Concessionaire shall cease operations by the effective date stated in the notice, and the City shall have no liability except for amounts properly due for the period before termination. 12.2 Events of Default by the Concessionaire. Each of the following is an event of default: (a) failure to pay any Concession Fee or other amount when due, continuing for five (5) business days after written notice; (b) failure to obtain or maintain any required license, permit, or insurance; (c) failure to perform any other material obligation under this Agreement, continuing for ten (10) days after written notice (or, if the failure cannot reasonably be cured within ten (10) days, failure to commence and diligently pursue cure); (d) abandonment or cessation of operations without the City's consent; or (e) the Concessionaire's insolvency, assignment for the benefit of creditors, or filing of a bankruptcy petition. 12.3 Remedies. Upon an event of default, the City may, in addition to termination and any other remedy available at law or in equity, suspend the concession privileges, obtain substitute performance at the Concessionaire's expense, and recover all resulting damages and costs, including reasonable attorneys' fees. 12.4 Surrender. Upon expiration or termination, the Concessionaire shall peaceably surrender the Premises and Equipment to the City in good condition, ordinary wear and tear excepted, remove its POS system and personal property, and cooperate in the transfer or surrender of the beer and wine license so that it remains with the facility. 12.5 No Waiver. The City's exercise of, or failure to exercise, any remedy does not waive any other remedy or any subsequent default. 12.6 No Relocation Assistance or Goodwill. The Concessionaire acknowledges and agrees that this Agreement grants only a concession and license, that no landlord -tenant relationship or interest in real property is created, and that upon any expiration or termination of this Agreement, including any termination by the City for convenience or for cause, the Concessionaire shall not be entitled to, and the City shall have no obligation to pay, any relocation assistance, relocation benefits, moving expenses, business goodwill, lost profits, or any similar payment, compensation, or damages, whether under statute, regulation, or common law. The Concessionaire waives, to the fullest extent permitted by law, any and all claims to such assistance, compensation, or damages. ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS 13.1 No Assignment. The Concessionaire shall not assign, transfer, or encumber this Agreement or any concession privilege, or permit any other person to operate the concession, without the City's prior written consent, which the City may grant or withhold in its sole discretion. Any purported transfer without consent is void. 13.2 Subcontractors. The Concessionaire shall identify to the City any subcontractor performing work valued in excess of one-half of one percent (0.5%) of the total contract value or $10,000, whichever is greater, including the subcontractor's name, address, telephone number, scope of work, and dollar value. The Concessionaire remains fully responsible for the acts and omissions of its subcontractors and shall cause each subcontractor to comply with the indemnity and insurance flow -down requirements of Sections 10.4 and 11. ARTICLE 14 - INDEPENDENT CONTRACTOR; RELATIONSHIP OF PARTIES 14.1 Independent Contractor. The Concessionaire is an independent contractor and not an agent, employee, partner, or joint venturer of the City. The Concessionaire is solely responsible for its employees, including wages, benefits, taxes, and compliance with all employment laws. 14.2 No Third -Party Beneficiaries. Except for the Indemnitees under Article 10, this Agreement is for the sole benefit of the Parties and creates no rights in any third party. ARTICLE 15 - GENERAL PROVISIONS 15.1 Notices. All notices shall be in writing and delivered personally, by recognized overnight courier, or by certified mail, return receipt requested, to: To the City: City of Santa Clarita, RCS — Administration, Attn: Regina Andrade, 23920 Valencia Blvd., Ste. 295, Santa Clarita, CA 91355-2196. To the Concessionaire: 15.2 Governing Law; Venue. This Agreement is governed by the laws of the State of California. Venue for any action lies in the state or federal courts located in Los Angeles County, California. 15.3 Entire Agreement. This Agreement, together with its Exhibits and the incorporated RFP requirements, constitutes the entire agreement between the Parties and supersedes all prior negotiations and understandings. In the event of a conflict, this Agreement controls over the RFP. 15.4 Amendment. This Agreement may be amended only by a written instrument signed by both Parties. 15.5 Severability. If any provision is held invalid, the remaining provisions remain in full force and effect. 15.6 Compliance with Public Records Law. The Concessionaire acknowledges that the City is subject to the California Public Records Act and that records submitted to the City may be subject to disclosure. 15.7 Force Majeure. Neither Party is liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) to the extent caused by an event or circumstance beyond its reasonable control (a '*Force Majeure Event"), including, acts of God; fire, flood, earthquake, storm, or other natural disaster; epidemic, pandemic, or public health emergency; war, invasion, hostilities, act of terrorism, or civil unrest; riot, strike, lockout, or other labor dispute; governmental order, law, or action; embargo; or failure or interruption of utilities, telecommunications, or transportation. The affected Party shall not be entitled to any relief under this Section unless it gives the other Party written notice of the Force Majeure Event within ten (10) days after the occurrence of the event, and the affected Party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume full performance as promptly as practicable. 15.8 Counterparts. This Agreement may be executed in counterparts, including by electronic signature, each of which is an original and all of which constitute one instrument. 15.9 Authority. Each person signing represents that he or she is authorized to bind the Party for whom he or she signs. CITY OF SANTA CLARITA APPROVED AS TO FORM: C CONCESSIONAIRE M. EXHIBITS Name: Date: City Attorney [Legal Name] Name: Date: Title: Title: • Exhibit A — Premises Floor Plans (The Rink and The Wheel); Renderings and Site Images • Exhibit B — Equipment Inventory • Exhibit C — Approved Operating Hours and Rink Schedule • Exhibit D — Approved Menus and Catering Menus and Pricing • Exhibit E — Staffing Plan, Marketing Plan, and Cleaning and Maintenance Plans