Signed Contract_Concessions for Flora and Sutton Pools r "
CONCESSION AGREEMENT
FOR
FLORA PARK and NICHOLAS J. SUTTON
SWIMMING POOLS
This Concession Agreement (the Agreement) is made and entered into this 30#1
day of April, 2015, by and between the City of Dubuque, Iowa, acting through the Park and
Recreation Commission (City), whose address for the purpose of this Lease is 2200
Bunker Hill Road, Dubuque, Iowa, and, Choo Choo Charlie's — Paul Connor
(Concessionaire), whose address for the purpose of this Agreement is 2613 Dodge Street,
Dubuque, IA 52003; (563) 543-5201.
WHEREAS, City is engaged in the operation and maintenance of the public facilities
called the Flora Park Swimming Pool and the Nicholas J. Sutton Swimming Pool (the
Pools) and City desires to engage a competent and qualified concessionaire to operate
and manage the concession stand at the Pools; and
WHEREAS, Concessionaire is desirous of procuring from City the privilege of
operating and managing the concession stand and is qualified to provide the requisite
services associated therewith; and
WHEREAS, the public interest and welfare will be served and the Pools will be
materially enhanced by a concession agreement with a reputable concessionaire who will
provide certain services to the public patronizing the Pools.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements hereinafter set forth, it is agreed by and between the parties as follows:
SECTION 1. TERM. This Agreement for the privilege and obligation to operate the
concession stands at the Pools shall be for the period from May 1, 2015, to midnight
August 31, 2015 (one swimming season) (the Term).
SECTION 2. CONCESSIONAIRE FEE. Concessionaire must pay to City, through the
Leisure Services Department, a fee equal to $ 1,000 or 6% percent of Concessionaire's
gross sales at Flora Park Swimming Pool and $ 1,000 or 6% percent of Concessionaire's
gross sales at Nicholas J. Sutton Swimming Pool, excluding sales tax, whichever amounts
are greater, for the Term. The fee shall be paid July 15, August 15 and September 15 of
2015.
SECTION 3. FINANCIAL STATEMENTS. Concessionaire must not laterthan the 15th of
July, August and September of 2015 provide to City's Leisure Services Manager a financial
statement verifying all receipts from the operation of its business. In addition,
Concessionaire must make available to the Leisure Services Manager all its records
regarding the operation of the business when so requested by the Leisure Services
Manager.
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SECTION 4. LICENSES. Concessionaire must obtain all licenses, permits, and other
documents necessary to operate a food and beverage business, at its sole expense, as
required by all local, state and federal laws and regulations.
SECTION 5. TERMINATION. This Agreement may be terminated at any time by City
upon not less than five (5) days written notice to Concessionaire, and by Concessionaire
upon seven (7) days written notice to City. Upon termination of this Agreement,
Concessionaire must remove all its property and personnel from the concession stands. It
is expressly understood and agreed that this Agreement is not a lease or a conveyance of
realty, but merely a granting of the privilege of providing certain services forthe benefit and
convenience of the public. The rights and obligations of the parties under this Agreement
end upon the termination of this Agreement except that Concessionaire will be responsible
for any damages or losses attributable to its acts or those of its employees while operating
the concession stands.
SECTION 6. ASSIGNMENT OF AGREEMENT. Concessionaire may not assign, sell, or
in any way transfer its business or this Agreement without the prior written consent of the
Leisure Services Manager.
SECTION 7. PRODUCT SALES AND HOURS OF OPERATION. It is understood and
agreed that the Concessionaire must handle a general line of soft drinks, food, and other
items, such as are commonly found available at such concession stands. No alcoholic
beverages, tobacco, or gum maybe sold. Concessionaire must comply with all local, state
and federal laws and regulations pertaining to the sales of all products. Concessionaire
must file with the Leisure Services Manager a price list prior to May 14th for all items sold
at the concession stands. The prices will be in effect until the Leisure Services Manager is
notified in writing that a price change is requested. In the event that the Concessionaire
fails to submit a price list to the Leisure Services Manager prior to May 14th, the prices of
the previous season will prevail until a new price list is approved. The concession stand
must be open and available to the public during the hours as determined by the Leisure
Services Manager, including during all regularly scheduled swimming times and special
events, from approximately 1:00 to 5:00 p.m., and from 6:30 to 9:00 p.m. Closing may be
not later than 15 minutes after the Pools close. The Concessionaire must enforce a "no
carry-in" rule for the area.
SECTION 8. MACHINERY AND EQUIPMENT. Concessionaire must provide and
maintain all machinery and equipment necessary to operate its business at its sole
expense. Structural changes to the concession stand for machinery or equipment require
the prior written approval by the Leisure Services Manager and will be at Concessionaire's
sole expense. When machinery or equipment is removed, the concession stand must be
restored to its original condition, at Concessionaire's sole expense.
SECTION 9. ELECTRICITY AND WATER. City will provide electricity and water to the
concession stand for use by Concessionaire at City's sole expense.
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SECTION 10. BUILDING MAINTENANCE. City will maintain the concession stands at
its expense. However, Concessionaire will be responsible for all damage caused by its
employees. Concessionaire may not alter the interior or exterior of the concession stand
without the prior written consent of the Leisure Services Manager.
SECTION 11. SIGNS. Concessionaire at its sole expense and after approval from the
Leisure Services Manager may erect suitable signs to inform the public of the products
available for sale, and the prices. No signs may be hung on the outside of the concession
stand without the prior written approval of the Leisure Services Manager.
SECTION 12. HOUSEKEEPING. Concessionaire is solely responsible for the
maintenance of the concession stand and must keep the same in a clean and wholesome
condition at all times. Concessionaire must keep all garbage and refuse generated by its
business neatly contained. City is responsible for collecting refuse and recyclables from
the pool facility, and Concessionaire must assist with recycling program.
SECTION 13. PERSONNEL IN CONCESSION AREA. Only employees of
Concessionaire or its authorized personnel are permitted in the concession stands.
SECTION 14. REMOVAL OR ENCUMBRANCE OF CITY PROPERTY OR FUNDS.
Concessionaire may not remove or encumber any property or equipment of City located in
the concession stand, nor may Concessionaire dispose of or disburse any funds owed to
City.
SECTION 15. RIGHT OF ENTRY. City has the right to enter and examine the
concession stands at any time.
SECTION 16. INSURANCE. Concessionaire must at all times during the Term maintain
such insurance as required by the attached Insurance Schedule.
SECTION 17. INDEMNIFICATION. Concessionaire agrees to defend, indemnify and
hold harmless the City, its officers, boards, commissions, agents, and employees from and
against all claims by any person whatsoever occasioned by the use or operation of
Concessionaire under this Agreement.
SECTION 18. LIABILITY FOR CONCESSIONAIRE'S EQUIPMENT, SUPPLIES,AND
OTHER PROPERTY. City is not responsible in any way for lost, stolen, or damaged
equipment, supplies, or other property of Concessionaire. Concessionaire is solely
responsible for all of its equipment and supplies.
SECTION 19. EMPLOYEES. Concessionaire must supply at its sole expense a
sufficient number of employees to adequately serve the public during its hours of
operation. Concessionaire's employees must at all times reflect personal cleanliness.
Unkempt and unclean employees will not be tolerated by City. Employees must wear
distinctive shirts,jackets, or smocks whenever working. Concessionaire's on-site individual
responsible for the concession operation must be at least seventeen years old.
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SECTION 20. PERFORMANCE BOND. Concessionaire must on or before May 11 ,
2015, execute to City a bond with good and sufficient security, said bond to be approved by
City, in the sum of One Thousand Dollars ($1,000.00) conditioned upon the faithful
performance and discharge of the obligations imposed by this Agreement from the date
thereof and said bond must remain in full force and effect during the Term of the
Agreement. Concessionaire must pay all premiums changeable for said bond and must
keep the same in force and effect at all times throughout the Term of this Agreement and
until removal of all its property from the concession stands. The performance bond shall
contain a provision that it may not be terminated or otherwise allowed to expire prior to
thirty(30)days'written notice to City. The bond must be in a form satisfactory to City and a
duplicate copy, along with written evidence of payment of the required premium, must be
filed with City during the term of this Agreement.
SECTION 21. TOTAL OR PARTIAL DESTRUCTION OF CONCESSION BUILDING. In
the event of fire or other disaster causing partial or total destruction of the concession
stand, City at its option may proceed with rebuilding or repair of the stand. During the
period of rebuilding, Concessionaire will have the option of continuing to operate its
business from a temporary or mobile concession stand.
SECTION 22. OFF SEASON. Only equipment related to the operation of the
concession stand is allowed to remain in storage areas during non-operating months. This
equipment must be unplugged and winterized. A clear path must be created in storage
area for emergency situations.
CITY OF DUBUQUE CONCESSIONAIRE
By: _—_-_.__ (y:
Michael C. Van Milligen �" aul H. Co no
City Manager Choo Choo Charlie's
Address
S& 3 - s<` 3r
Telephone
4
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431
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