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#3 Action on agreement to operate Ice Skating Center concession stand (File Res. #2010-720)CITY MANAGER’S OFFICE MEMORANDUM July 26, 2010 Revised August 4, 2010 TO: City Council FROM:Eric J. Levitt, City Manager SUBJECT: Action on a Proposed Resolution Approving an Agreement with Janesville Youth Hockey Association for Operation of the Concession Stand at the Janesville Ice Skating Center. (File Res. No. 2010-720) Request The City Manager is requesting consideration of approval of the City’s agreement with Janesville Youth Hockey Association (JYHA) for operations of the concessions at the Janesville Ice Rink located on Beloit Avenue. Staff Recommendation The City Manager recommends approval of the 5 year agreement with Janesville Youth Hockey for the operations of the concessions. Suggested Motion I move the Council approve File Resolution 2010-720 to approve an agreement for the operations of the concessions at the Janesville Ice Rink between the City of Janesville and the Janesville Youth Hockey Association. Background The City currently contracts with Janesville Youth Hockey to operate the concession stand at the Janesville Ice Rink. Janesville Youth Hockey has been operating the concession stand since 2001 and has paid a flat fee of $5,000 per year to the City. The current contract that is before you for your review has a few new elements. ? The contract would be for up to 5 years at the current location. ? The contract is specific to the Beloit Avenue location. If a new facility is constructed, there may need to be changes in association with the new facility. ? The contract adds the Janesville Jets games officially to the contract. They were not previously mentioned but the contract between the Jets and the City allowed for Youth Hockey to operate the rink. ? The fee for the operation would be for the City to receive 12.5% of net proceeds. It is the City Manager’s understanding that the executive committee of Youth Hockey approves of this fee arrangement, but will be presenting the contract to the Youth Hockey Board for approval in August. Attached is a summary of the income generated by the ice rink for the City Council’s review. The summary of income shows that the City would receive approximately $3,600 with 12.5 % percentage. However, other concessions contracted out in the warming room could potentially increase that income. th Update subsequent to the July 26 City Council Meeting Based on concerns expressed at the City Council meeting, members of the Youth Hockey Board and the City Manager discussed some changes to the proposed contract. I recommend that the contract include either: ? A 12.5% Net Payment with a floor of a minimum of $5,000 per year. or ? A 9% of Gross Payment with a floor of a minimum of $5,000 per year. Some issues that I identified in negotiating the contract were the following: 1. The operation of the concession stand that is primarily a volunteer effort to benefit youth who play in the club. The benefit via the operation of the concession stand is to maintain the current player fees rather than increase those fees and to provide scholarships for individuals to play. 2. The higher the amount the City receives could negatively impact prices at the concession stand to the users. The concession stand is currently seen as having very reasonable prices. 3. The warming room will likely be utilized by the Jets and not Youth Hockey next season. If however youth hockey did utilize it, I would recommend those revenues flow through the Club and be included. FILE RESOLUTION No. 2010-720 A Resolution Authorizing a Lease with Janesville Youth Hockey for the Operation of the Concession Stand at the Janesville Ice Arena WHEREAS, the City of Janesville is the owner of the Janesville Ice Arena located at 821 Beloit Avenue in the City of Janesville, County of Rock, State of Wisconsin; and WHEREAS, Janesville Youth Hockey is a non-profit organization that desires to lease and operate the Concession Stand at the Janesville Ice Arena according to the terms and provisions of a certain negotiated and proposed “City of Janesville Ice Skating Center Concession Lease Contract” of even date (“Lease”) which is incorporated herein by reference as if fully set forth verbatim; and WHEREAS, Janesville Youth Hockey and the City Administration have negotiated a proposed five (5) year Lease for such purposes for the term commencing January 1, 2010 and ending December 31, 2014; and WHEREAS, certain of the other main terms and provisions of the Lease are as follows: ? Hours of Operation: The CONCESSIONAIRE will operate the concession stand during all club activities, public skating sessions, High School hockey, Janesville Jets games and special events and programs as the attendance dictates. ? Term: The operation of the concession stand by the CONCESSIONAIRE as described in this agreement is based upon the opening and closing dates of the facility as set forth in a scheduled to be attached to the Agreement. ? The CITY will provide seasonal hours of operation to CONCESSIONAIRE. CONCESSIONAIRE must perform all related activities to the concession operation within these available hours. ? Fee: The CONCESSIONAIRE shall pay to the CITY a rent of twelve and one-half percent (12 ½%) of the net sales revenues (gross less reasonable costs and expenses) on an annual basis, from the commencing date to the date of termination of this contract prior to said termination date specified in this contract, whether or not the termination is the result of default, cancellation, breach or otherwise. th ? Payment of the annual rent shall be due no later than the 15 day of December for sales stth that occurred from December 1 of the prior year through November 30 of the current year. ? The CONCESSIONAIRE shall have permission to sell at retail soft drinks, pre-packaged candy and chips, ice cream products and other such items of personal property designated for use or consumption, and normally sold or vended in public parks provided, however, no intoxicating beverages or smoking materials of any kind or character shall be stored, sold, or vended by said CONCESSIONAIRE either within or without said park, or for use or consumption therein. WHEREAS, the Common Council hereby find that this Lease is in the best interest of the City of Janesville, the community, and surrounding area to execute and enter into the proposed Lease Agreement; and WHEREAS, such lease contract, terms, and conditions are permitted by law and the Common Council are empowered to enter into such lease agreement, pursuant to Wis. Stats. Sec. 62.11(5), 62.22, 62.23(17), and 66.0101 and other pertinent provisions in the Wisconsin Statutes. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that they hereby authorize and approve the Lease by and between the City of Janesville and Janesville Youth Hockey upon the terms, conditions, obligations, and provisions set forth above as proposed by the City Administration; and further authorize the City Manager and his designee(s), on behalf of the City of Janesville, to execute and enter into the Lease with Janesville Youth Hockey; and BE IT FURTHER RESOLVED by the Common Council that the City Manager and his designees are hereby authorized to negotiate, renew, amend, and execute such documents, papers, agreements, and forms, and to take whatever other actions, that the City Manager may, from time to time, find necessary, desirable, and/or beneficial to effectuate the Lease and/or the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Truman Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Manager Prepared by: City Attorney J:\Attorney\Word\Shared\Youth Hockey Concessions - Resolution 2010-720.doc 7/20/10 CITY OF JANESVILLE ICE SKATING CENTER CONCESSION AGREEMENT With JANESVILLE YOUTH HOCKEY CLUB This Agreement, made and entered into this day of , by and between the City of Janesville, a Wisconsin municipal corporation, conducting its principal business at 18 North Jackson Street, City of Janesville, County of Rock, State of Wisconsin (hereinafter “CITY”), and Janesville Youth Hockey Club A member of the Wisconsin Amateur Hockey Association, Inc., WIH4003, Region 4 – Div 2, P.O. Box 724, Janesville, WI 53547-0724 PRESIDENT: Mark Lessner, 910 N. Wright Rd, Janesville 53546 PH: (H) 608-752-5593, (C) 608-290-9170 EM: lessnermark@charter.net WEBSITE: www.janesvilleyouthhockey.com Hereinafter designated as the “CONCESSIONAIRE,” an independent contractor. WHEREAS, the CONCESSIONAIRE desires to operate said Concession Stand within the Janesville Ice Skating Center as an independent contractor, and the CITY is willing to allow the operation of the same by the CONCESSIONAIRE, all upon the terms hereinafter set forth; WITNESSETH that for and in consideration of the promises, respective, benefits, consideration, and the mutual agreements and undertakings of the parties hereto, the CONCESSIONAIRE agrees to manage and operate a CITY owned concession stand at one of the City’s recreation facilities, within the City of Janesville, Rock County, known Janesville Ice Skating Center 821 Beloit Avenue as the address: (hereinafter the “Concession Stand”) as designated by the CITY, and the CITY permits the CONCESSIONAIRE’s operation and use of the Concession Stand but only in strict accord with the terms, conditions, promises, obligations, and provisions set forth in this City of Janesville Ice Skating Center Concession Agreement With Janesville Youth Hockey Club (hereinafter “LEASE AGREEMENT”). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO and of the further respective terms, promises, provisions, benefits, consideration, and obligations of the parties to this Lease Agreement, the sufficiency of which is hereby acknowledged by both parties; each party hereby agrees and binds itself as follows: 1 The CONCESSIONAIRE shall provide concession services at the concession stand according to the following: 1. A. Provision of Labor – The CONCESSIONAIRE shall, at its own expense, provide a sufficient number of volunteers. In most instances the stand should be staffed with at least two people to adequately service the public promptly and efficiently and in a manner satisfactory to the CITY. B. It is the intent of the parties hereto that, at all times and for all purposes, the CONCESSIONAIRE shall be considered, and shall be, legally an independent contractor and that neither the CONCESSIONAIRE nor any of its volunteers, agents, employees, officers, officials, or representatives, shall under any circumstances, act or be considered or construed employees, servants, representatives, or agents of the City of Janesville. The CITY shall at no time be legally or otherwise responsible or liable for any negligence on the part of said CONCESSIONAIRE, the volunteers, servants, representatives, or agents, resulting in either personal or property damage to any person. 2. Premises: The leased premises shall include the Concession Stand area of the Janesville Ice Center. In addition, the lessee has the right to access approved space (at the discretion of the Janesville Ice Center Manager for concession storage. 3. Observance of Laws and Ordinances – This Agreement shall be governed by the laws of the State of Wisconsin. The CONCESSIONAIRE shall comply with all applicable licensing and other provisions of the ordinances of the City and of the County of Rock, and all laws of the State of Wisconsin. The CONCESSIONAIRE shall obtain, pay for and hold any and all necessary licenses for the operation of the concession stand and shall insure inspection of facilities as required by the State Statutes, City, and County ordinances. 4. A. Description of Work – The CITY hereby grants the CONCESSIONAIRE Janesville Ice Center located at 821 Beloit permission to sell at retail and within Avenue , soft drinks, pre-packaged candy and chips, ice cream products and other such items of personal property designated for use or consumption, and normally sold or vended in public parks provided, however, that no intoxicating beverages or smoking materials of any kind or character shall be stored, sold, or vended by said CONCESSIONAIRE either within or without said park, or for use or consumption therein. B. The CONCESSIONAIRE shall, at all times, strictly observe and conform to, and abide by each and every rule and regulation pertaining to the operation of said concession(s): (1) Workers: The CONCESSIONAIRE shall schedule and use only competent, courteous volunteers and employees. All volunteers and employees of the CONCESSIONAIRE shall be neatly dressed at all times. Volunteers and employees shall at all times conduct themselves courteously in their relations 2 with the public. Minimum age of CONCESSIONAIRE’s employees and workers shall be 14 years of age, each with a valid work permit. (2) Sales: All sales shall be made from the concession stand and there shall be no peddling through the Janesville Ice Center. All supplies and materials shall be furnished by the CONCESSIONAIRE. Soft drinks must be served in disposable cups, plastic bottles or aluminum cans. No beer or liquors of any kind shall be stored, sold, distributed or consumed in or about the concession area(s). In addition, no punchboards or gambling devices shall be permitted in or about the concession area(s). Whenever candy is sold, a variety of types and price ranges are to be featured and displayed prominently in plain view of the patron. Lessee may only serve consumable food and beverages. Sale of other non-consumable products requires permission of the Ice Center Manager. The CONCESSIONAIRE shall document sales via a cash register at the time of sale with daily gross receipts recorded on daily, weekly and/or monthly financial statements. Acceptable accounting procedures shall be used in recording the financial statistics of the concession stand operations. (3) Site: The CONCESSIONAIRE shall at all times keep the concession stand and the areas immediately around it clean, attractive and orderly. The concession stand area will be swept at the end of each shift. The CONCESSIONAIRE shall place all garbage and refuse in appropriate outdoor garbage and/or recycling receptacles. The CONCESSIONAIRE shall not allow any advertising to be posted outside the concession area without prior approval of the Ice Center Manager. (4) Deliveries: The CONCESSIONAIRE and/or supplier delivery trucks shall not drive on the grass, nor shall any other vehicles be permitted off the paved roadways and parking areas.Delivered product must be stored in a secured area. (5) Reporting of Damage: Any vandalism or damage to the concession area or to any part of the building will be reported to the CITY as soon as possible by the CONCESSIONAIRE. (6) Taxes: The CONCESSIONAIRE shall be solely responsible and shall pay any and all income, sales and other applicable Federal and State taxes arising from and/or pertaining to this contract and/or the activities described herein. (7) On Premises After Hours: The CONCESSIONAIRE shall not permit any agent, representative, or volunteer to remain in or upon the park or any premises of the CITY in any of the buildings, structures, or locations occupied by the CONCESSIONAIRE at any time after the close of business (see Schedule “A”). 3 (8) Hours of Operation: The CONCESSIONAIRE will operate the concession stand during all club activities, public skating sessions, High School hockey, Janesville Jets games and special events and programs as the attendance dictates. 5. Term: The CONCESSIONAIRE is hereby granted the CITY’S permission to operate aforementioned concessions for a period of five (5) years, commencing January 1, 2010 and ending December 31, 2014. The operation of the concession stand by the CONCESSIONAIRE as described in this Lease Agreement is based upon the opening and closing dates of the facility. The dates and hours of operation shall be listed in Schedule “A” which is incorporated herein by reference and is subject to the approval of the Ice Center Manager. There shall be no automatic renewal or extension of this Lease Agreement AND the CITY and/or its CITY MANAGER may cancel and terminate this Lease Agreement at any time without cause or liability for any damages upon thirty (30) days prior notice. A. The CITY will provide seasonal hours of operation to CONCESSIONAIRE. CONCESSIONAIRE must perform all related activities to the concession operation within these available hours. 6. A. Buildings and/or Equipment: Rooms and locations, and any and all parts thereof, which are the property of the CITY shall forever remain the property of the CITY, and upon the expiration or termination of this contract by lapse of time, non- renewal or otherwise, and at the end of each year, the CONCESSIONAIRE shall immediately surrender possession of all of said premises to the CITY in as good or better condition as said premises were when first occupied by CONCESSIONAIRE under the terms of the contract. B. The CITY shall maintain the premises in good working order and repair. This paragraph shall apply to the use of City buildings only, not to the use of private concession conveyances or private facilities, devices, equipment, appliances and chattels. The CONCESSIONAIRE is responsible for pest control in the concession stand. The CITY is responsible for the balance of the premises. C. The CITY shall pay for the cost of utility services including electricity and sewer where available. The CITY may provide light bulbs, first aid kit and fire extinguishers to maintain a safe, attractive, functional premise. D. The CONCESSIONAIRE is responsible for providing and maintaining all necessary equipment supplies and inventory for its use in the operation of the concession stand described in this contract. All concession equipment will be the property of the CONCESSIONAIRE. E. Where applicable, the CITY may provide two sets of keys to the concession stand(s) which shall be returned to the CITY upon demand upon the expiration, non-renewal or termination of this contract. The CONCESSIONAIRE cannot change locks or keys without the City’s knowledge and approval. 4 F. The CONCESSIONAIRE will post a sign outside the concession stand stating the stand is being operated by the Janesville Hockey Association. The location and size of the sign must be approved by the Ice Center Manager. 7. Inspection: The CITY and its employees shall have, and the CONCESSIONAIRE grants, the right to enter upon and inspect, from time to time, and at any time at the discretion of the CITY and its employees, the CONCESSIONAIRE’S concession area, stand and related facilities, and chattels, and any and all equipment and stock of merchandise therein. All sites are subject to the inspection of the Rock County Health Department. 8. Vending Machines: The Lessee has the right to provide up to 6 vending machines for dispensing food and beverages only. Vending machine locations and changes must be approved by the Ice Center Manager. 9. Insurance: A. The CONCESSIONAIRE shall obtain, at all times maintain, and pay for, solely at its own expense, property and casualty insurance for any and all equipment, inventory, vehicles and supplies stored in the concession stand or other areas under its control under this contract, including, but not limited to, fire, theft, wind, flood and vandalism. B. The CONCESSIONAIRE shall obtain, at all times maintain and pay for, solely at its own expense, general liability insurance including death, personal injury and property damage coverage with a limit of not less than $300,000 per occurrence and $1,000,000 aggregate. The use of an umbrella insurance policy to provide part of this coverage may be acceptable at the discretion of the Leisure Services Director. The policy(s) must designate the CITY and each and every of the CITY’S elected and appointed officials, employees, officers, agents and representatives, as an additional or co-insured. Such insurance coverage shall cover all acts and Janesville Ice Center concession stands. omissions on and/or about the The CONCESSIONAIRE shall indemnify and save harmless the CITY and each and every of its elected and appointed officials, officers, employees, agents and representatives and each and every of their respective successors, assigns, heirs and conveyees, from and against any and all losses, costs (including attorney’s fees), demands, claims, payments, damages, expenses, judgements and liability (including statutory liability in connection with claims for damages as a result of injury or death of any premises by the CONCESSIONAIRE, CONCESSIONAIRE’S officers, directors, volunteers, agents, representatives and any and all other persons. C. The CONCESSIONAIRE shall furnish the CITY with certificates of insurance showing coverage as required by this contract prior to engaging in any sales activities. The CONCESSIONAIRE shall provide to the CITY not less than thirty (30) days written notice if any insurance coverage(s) required by this contract is canceled or otherwise decreased or affected by any insurance company. D. The CITY may obtain and maintain property insurance coverage for the fair market value of the facility being used by the CONCESSIONAIRE and any equipment contained therein owned by the CITY. Any additional items the 5 CONCESSIONAIRE wishes to cover with insurance shall be covered solely at the CONCESSIONAIRE’S expense with documentation provided to the CITY. E. The CITY shall not be responsible for any loss by fire, theft, wind, flood, vandalism or any other casualty or cause to CONCESSIONAIRE or any other person regardless of cause and/or origin. CONCESSIONAIRE hereby forever fully releases, waives, discharges and indemnifies the CITY from same. 10. Sublet: The CONCESSIONAIRE shall not assign this contract and shall not sublet or assign all or any part of the concession(s) without prior written consent of the CITY. This Agreement may not be assigned by any party without the prior written consent of the other under any circumstances. 11. Failure to Comply: In the event that the CONCESSIONAIRE fails to comply with one or more of the terms, provisions or promises set forth in this contract, such failure shall be considered a default and/or breach of the contract. Failure to cure such default within seven (7) days after receipt of written notice thereof from the CITY may result in termination of this contract at the option of the CITY. This remedy is in addition to and not in lieu of any other legal or equitable right, remedy and/or privilege to which the CITY is or may be entitled. Termination of this contract by the CITY may be upon written notice to the CONCESSIONAIRE, in which event this contract shall be void and of no further force or effect whatsoever and the CONCESSIONAIRE shall immediately deliver up possession of premises to the CITY, immediately cease all sales activities, and immediately remove itself and any and all CONCESSIONAIRE owned supplies, inventory and equipment thereof. Remedies in this Agreement are cumulative with others in the Agreement and with those provided at law and equity. Each party has available to it all possible remedies and the choice of one remedy will not prevent or resort to one or more other remedies. Each party is excused from performing under the contract in the event such party is prevented from performing due to a force majeure. 12. Indemnification: The CONCESSIONAIRE hereby fully and forever indemnifies, releases, discharges, saves and keeps harmless the City of Janesville and each and every of its elected and appointed officials, officers, employees, representatives, agents and their successors, heirs and assigns, of and from any and all liability, liens, damages, claims, awards, payments, judgments, costs, damages, fees, and expenses, including attorney fees, of whatsoever kind or nature which are and/or may in any way be suffered by, or which may accrue against or be charged to or recovered from the City of Janesville or by any of its officers, officials, agents, representatives, or employees, and/or their successors, heirs or assigns arising from, pertaining to, and/or in consequence of the operation of the concession by, and/or any act, omissions, negligence and/or malice of, the CONCESSIONAIRE, its officers, directors, employees, representatives, and/or agents. 6 13. Termination: A. This contract shall be subject to termination by the CONCESSIONAIRE regardless of grounds therefore, by giving the CITY sixty (60) days prior written notice of termination. B. The contract shall be subject to termination by the CITY with cause, in addition to, any and all other reasons set forth elsewhere in this contract, upon the happening of any one or more of the following: 1. The CONCESSIONAIRE is adjudicated bankrupt, is in receivership, or because of its financial condition is judged by the Leisure Services Director as being or appearing unable to continue a successful operation. 2. Failure of the CONCESSIONAIRE to perform, keep, and observe any of the provisions of the contract; and/or the failure of the CONCESSIONAIRE to correct the default or breach within the time as specified by the Leisure Services Director. 3. Singular, infrequent, occasional, frequent, repeated or numerous failures of the CONCESSIONAIRE to perform, keep and observe any one or more than one of the provisions of the contract, regardless of whether the CONCESSIONAIRE has cured or has attempted to cure, any such defaults or breaches of contract. 4. Five (5) day prior written or verbal notification of termination by the CITY to the CONCESSIONAIRE for just cause. 5. The Contract can be terminated by the CITY without cause by providing the CONCESSIONAIRE sixty (60) days prior written notice of termination. 14. Rent Fee: The CONCESSIONAIRE annually shall pay to the CITY a rent fee of twelve and one-half percent (12 ½%) of all annual net sales revenues (gross revenues less reasonable costs and expenses), from the commencement date to the date of termination of this contract whether or not the termination is the result of default, cancellation, breach, expiration, or otherwise. The CONCESSIONAIRE will provide a minimum payment of $5,000 per year even if the net sales results in less funds. Payment of the annual rent fee to the City shall be due and made to the CITY no thst later than the 15 day of December for sales that occurred from December 1 of the th prior year through November 30 of the current year. Payment of the annual rent fee for the first year of this term shall also be made payable on December 15 of 2010 and then annually due each subsequent December 15. 15, Partnership: Nothing contained herein constitutes nor shall it be construed as creating any partnership between the parties hereto. 16. Licenses: The CONCESSIONAIRE is responsible for securing all necessary City, County, and State licenses and permits. 7 17. Modifications: This contract may be modified at any time but only upon mutual written agreement of the parties, executed by both parties. 18. Severability: This contract is severable. Each and every part, portion, provision, promise, obligation, term and section is severable. In the event any such part, portion, provision, promise, obligation, term or section is found by any court of competent jurisdiction to be unenforceable for whatever reason, the remaining parts, portions, provisions, promises, obligations, terms and sections shall remain unaffected, binding, and if full force and effect. The intent of the parties is that the enforceable remaining parts, portions, provisions, promises, obligations, terms and sections of this Agreement shall be enforced even though one or more other parts, portions, provisions, promises, obligations, terms and sections are found not enforceable. 19. Time: Time is of the essence as to the performance of each and every part, portion, provision, promise, obligation, term and section set forth in this Agreement. 20. Waiver of Agreement: No part, portion, provision, promise, obligation, term or section of the Agreement shall be deemed waived by reason of one party failing to enforce such breach at any time. Any such waiver must be in writing. 21. Notice: If notice needs to be provided, notice to the CONCESSIONAIRE may be sent by regular mail addressed as follows: JANESVILLE YOUTH HOCKEY CLUB 821 BELOIT AVENUE JANESVILLE, WI 53545 If notice needs to be provided to the City of Janesville, send to: LEISURE SERVICES DIVISION 18 N. JACKSON STREET JANESVILLE, WI 53545 8 22. Duplicates: This Agreement may be executed in duplicate original counter parts. Signed and dated this ____________ day of ______________ in year ___________. IN WITNESS WHEREOF, the parties have set their hands and seals at Janesville, Wisconsin, on all the dates first written above. CONCESSIONAIRE: WITNESS: Name Name PRESIDENT: Mark Lessner, 910 N. Wright Rd, Janesville 53546 PH: (H) 608-752-5593, (C) 608-290-9170 EM: lessnermark@charter.net ________________________________ Title Title Signature Signature CITY OF JANESVILLE Witness: _______________________________ __________________________ City Manager Eric J. Levitt Jean Ann Wulf, City Clerk Approved as to form: ___________________________ Wald Klimczyk, City Attorney 9 SCHEDULE A – JANESVILLE YOUTH HOCKEY CONCESSIONS The CONCESSIONAIRE shall provide concession services for all games, special events, public skating sessions, leagues or tournaments scheduled by the Recreation Department. The CONCESSIONAIRE will provide concession services for High School hockey games. The stand will remain open until the last scheduled game has begun for that day and/or evening. The CITY shall provide the CONCESSIONAIRE with adequate notice of scheduled games/tournaments. DATES: HOURS OF OPERATION: 1. 2. 3. 4. 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