Swimming Pool Conc. - MaierCITY OF DUBUQUE, IOWA
MEMORANDUM
January 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Swimming Pool Concession Agreement
Leisure Services Director Gil Spence is recommending entering into a concession
agreement with Dave Maiers Concessions to operate the concession stands at Flora
and Sutton Swimming Pools. Dave Maiers is the current contractor.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/dd
Attachment
CC.'
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
January 12, 2000
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Swimming Pool Concession Agreement
INTRODUCTION
The purpose of this memorandum is to request City Council approval for entering into
a concession agreement with Dave Maiers Concessions to operate the concession
stands at Flora and Sutton swimming pools.
DISCUSSION
Sealed bids were received on January 5th for operation of the concession stands at
Flora and Sutton swimming pools. The three-year agreement asks for a base fee or
percent of annual gross sales, whichever is greater. The following bids were received:
8th Inning, Ltd.
Dave Maiers Concessions
Base fee
$4,000 F / $2,000 S
$3,600 F / $1,500 S
Percentage of Gross Sales
t8% each pool
21.5% each pool
Based on the last three years of gross sales, the percentage offered by Dave Maiers
Concessions would result in the largest return to the City.
RECOMMENDATION
I recommend the City Council approve awarding the concession agreement to Dave
Maiers Concessions. The Park and Recreation Commission endorsed this
recommendation at its January 11th meeting.
ACTION STEP
The action requested is that the City Council award the concession agreement to Dave
Maiers Concessions and that the City Manager be authorized to sign the agreement.
GDS:et
attachments
CONCESSION AGREEMENT
FOR
FLORA PARK SWIMMING POOL
This Concession Agreement made and entered into this 17th day of January, 2000,
by and between the City of Dubuque, Iowa, acting through the Park and Recreation
Commission, hereinafter called the "City", whose address for the purpose of this Lease is
2200 Bunker Hill Road, Dubuque, Iowa, and Dave Maiers Concessions, hereinafter called
"Concessionaire", whose address for the purpose of this Agreement is 280 Quince Street,
Dubuque, Iowa, 52003-7539.
WITNESSETH:
WHEREAS, City is engaged in the operation and maintenance of the public facility
called the Flora Park Swimming Pool (the Pool) and City desires to engage a competent and
qualified Concessionaire to operate and manage the concession stand at the facility; 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 Pool materially
enhanced by a Concession Agreement with a reputable Concessionaire who will provide
certain services to the public patronizing the Pool.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements hereinafter set forth, it is agreed by and between the parties as follows:
1. LENGTH OF AGREEMENT. This Concession Agreement for the privilege and
Obligation to operate the concession stand at the Pool shall be for the period from May 1,
2000, through September 1, 2002 (three swimming seasons).
2. PAYMENTS, Concessionaire shall pay to City, through the Leisure Services
Department, the sum of $3,600 per year or twenty-one and one-half (21.5) percent of annual
gross sales, excluding sales tax, whichever amount is greater, for each year that this
Agreement is in effect. Said fee shall be paid in three monthly payments due by the 15th of
the month, beginning with the second month of operation.
3. FINANCIAL STATEMENTS. Concessionaire shall not later than the 15th of
each month provide the Leisure Services Manager with a financial statement verifying all
receipts from the operation of its business. In addition, Concessionaire shall make available
to the Leisure Services Manager all its records regarding the operation of the business when
so requested by the Leisure Services Manager.
4. LICENSES. Concessionaire shall obtain all licenses, permits, and other
documents necessary to operate a food and beverage business, at its sole expense, as
required by the laws of the City of Dubuque, State of Iowa, and the United States.
5. TERMINATION. This Agreement may be terminated at any time by City without
prior notice and by Concessionaire upon seven (7) days' written notice to City. Upon
termination of this Agreement, Concessionaire shall remove all its property and personnel
from the concession stand. 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 for the benefit and convenience of the public. The rights and obligations of the
parties under this Agreement shall end upon the termination of this Agreement except that
Concessionaire shall be responsible for any damages or losses attributable to its acts or
those of its employees while operating the concession stand.
6. ASSIGNMENT OF AGREEMENT. Concessionaire shall not assign, sell, or in
any way transfer its business or this Agreement without the prior written consent of the
Leisure Services Manager.
7. PRODUCT SALES AND HOURS OF OPERATION. It is understood and agreed
that Concessionaire shall handle a general line of soft drinks, food, and other items, such
as are commonly found available at such concession stands. No alcoholic beverages or
gum shall be sold. Concessionaire shall obey .ail laws and regulations of the City of
Dubuque and State of Iowa pertaining to the sales of all products. Concessionaire shall file
a price list prior to May 14th for ail items sold at the concession stand with the Leisure
Services Manager. The prices shall 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 shall prevail until a new pdce list is approved. The concession stand shall
be open and available to the public during the hours as determined by City, primarily to
coincide with 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 shall be not later than 15 minutes
after the Pool closes. The Concessionaire shall enforce a "no carry-in" rule for the area.
8. MACHINERY AND EQUIPMENT. Concessionaire shall 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 shall require the prior written
approval by the Leisure Services Manager and shall be at Concessionaire's expense. When
machinery or equipment is removed, the concession stand shall be restored to its original
condition, at Concessionaire's expense.
9. ELECTRICITY AND WATER. City shall provide electricity and water to the
concession stand for use by Concessionaire at City's sole expense.
3
10. BUILDING MAINTENANCE. City shall maintain the concession stand at its
expense. However, Concessionaire shall be responsible for all damage caused by its
employees. Concessionaire shall not alter the interior or exterior of the concession stand
without prior written consent of the Leisure Services Manager.
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 pdces. No signs shall be hung on the outside of the concession stand without
the prior wdtten approval of the Leisure Services Manager.
12. HOUSEKEEPING. Concessionaire shall be solely responsible for the
maintenance of the concession stand and keep the same in a clean and wholesome
condition at all times. Concessionaire shall keep all garbage and refuse generated by its
business neatly contained. City shall be responsible for cleaning rest room facilities and
collecting refuse from the pool facility.
13. PERSONNEL IN CONCESSION AREA. Only employees of Concessionaire or
its authorized personnel shall be permitted in the concession stand.
14. REMOVAL OR ENCUMBRANCE OF CITY PROPERTY OR FUNDS.
Concessionaire shall not remove or encumber any property or equipment of City located in
the concession stand, nor shall Concessionaire dispose of or disburse any funds owed to
city.
15. RIGHT OF ENTRY. City shall hav~ the right to enter and examine the
concession stand at any time.
16. INSURANCE. Concessionaire shall provide such insurance as required by the
following insurance schedule.
Any policy of insurance or certificate of insurance required hereunder shall be with
a carrier authorized to do business in Iowa and a carrier that has received a rating of A or
better in the current Best's Rating Guide.
Any policy of insurance required hereunder shall provide for a thirty (30) day notice
to City of any matedal change or cancelation of the policy pdor to its expiration date.
Concessionaire shall have its insurance agent or company certify in writing that any
policy of insurance required herein with an aggregate limit of liability has not been reduced
by paid or reserved claims at the time of issuance of policy or certificate.
Concessionaire shall furnish copies of the following policies to City, with limits not less
than the following, or greater if required by law, and shall also furnish certificates of
insurance from all independent contractors or subcontractors hired by Concessionaire or any
4
independent subcontractor, which certificates shall provide evidence of coverage for the
following with limits not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
General Aggi'egate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$ 2,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
$ 5,0OO
OR
Combined Single Limit
Medical Payments
$ 2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/completed
operations coverage, independent contractors' coverage, contractual liability, broad form
property damage, personal injury, City named as an additional insured with thirty (30) days'
written notice of change or cancelation.
To the extent that Concessionaire's business is such as to place any or all of its
employees under the coverage of Worker's Compensation or similar statutes,
Concessionaire shall provide at his own expense during the time Concessionaire occupies
the premises and throughout the term, Worker's Compensation or similar insurance
affording the coverage and limits required by statute. Concessionaire shall provide City with
evidence of such coverage.
17. INDEMNIFICATION. Concessionaire agrees to defend, indemnify and hold
harmless 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.
18. LIABILITY FOR CONCESSIONAIRE'S EQUIPMENT, SUPPLIES, AND
OTHER PROPERTY. City shalt not be responsible in any way for lost, stolen, or damaged
equipment, supplies, or other property of Concessionaire. Concessionaire shatl be solely
responsible for all of its equipment and supplies.
19. EMPLOYEES. Concessionaire shall supply at its sole expense a sufficient
number of employees to adequately serve the public dudng its hours of operation.
Concessionaire's employees shall at all times reflect personal cleanliness. Unkempt and
unclean employees shall not be tolerated. Employees shall wear distinctive shirts, jackets,
or smocks whenever working. The on-site individual responsible for the concession
operation shall be at least seventeen years old.
5
20. PERFORMANCE BOND. Concessionaire shall on or before May 14, 2000,
execute to City a bond with good and sufficient security, said bond to be approved by City,
in the sum of Five Thousand Dollars ($5,000.00) conditioned upon the faithful performance
and discharge of the obligations imposed by this Agreement from the date thereof and said
bond shall remain in full force and effect during the life of the Agreement. Concessionaire
shall pay all premiums changeable for said bond and shall 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 area. Said pen~ormance bond shall contain a provision that it shall not be
terminated or otherwise allowed to expire prior to thirty (30) days' written notice to City. Said
bond shall be in a form satisfactory to City and a duplicate copy, along ~th wdtten evidence
of payment of the required premium, shall be flied with City during the term of this
Agreement.
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 shall have the option of continuing to operate its business from
a temporary or mobile concession stand.
CITY OF DUBUQUE
IT S REPRESENTATIVE
CO,b~3ESSIONAIRE
IT'S REP RI~'EI~T'ATIVE
address
telephone
5
CONCESSION AGREEMENT
FOR
NICHOLAS J. SUTTON SWIMMING POOL
This Concession Agreement made and entered into this 17th day of January, 2000,
by and between the City of Dubuque, Iowa, acting through the Park and Recreation
Commission, hereinafter called the "City", whose address for the purpose of this Lease is
2200 Bunker Hill Road, Dubuque, Iowa, and Dave Maiers Concessions, hereinafter called
"Concessionaire", whose address for the purpose of this Agreement is 280 Quince Street,
Dubuque, Iowa, 52003-7539.
WITNESSETH:
WHEREAS, City is engaged in the operation and maintenance of the public facility
called the Nicholas J. Sutton Swimming Pool (the Pool) and City desires to engage a
competent and qualified Concessionaire to operate and manage the concession stand at
the facility; 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 Pool materially
enhanced by a Concession Agreement with a reputable Concessionaire who will provide
certain services to the public patronizing the Pool.
NOW, THEREFQRE, in consideration of the mutual covenants, promises and
agreements hereinafter set forth, it is agreed by and between the parties as follows:
1. LENGTH OF AGREEMENT. This Concession Agreement for the privilege and
obligation to operate the concession stand at the Pool shall be for the period from May 1,
2000, through September 1, 2002 (three swimming seasons).
2. PAYMENTS. Concessionaire shall pay to City, through the Leisure Services
Department, the sum of $1,500 per year or twenty-one and one-half (21.5) percent of annual
gross sales, excluding sales tax, whichever amount is greater, for each year that this
Agreement is in effect. Said fee shall be paid in three monthly payments due by the 15th of
the month, beginning with the second month of operation.
3. FINANCIAL STATEMENTS. Concessionaire shall not ~ater than the 15th of
each month provide the Leisure Services Manager with a financial statement verifying all
receipts from the operation of its business. In addition, Concessionaire shall make available
to the Leisure Services Manager all its records regarding the operation of the business when
so requested by the Leisure Services Manager.
4. LICENSES. Concessionaire shall obtain all licenses, permits, and other
documents necessary to operate a food and beverage business, at its sole expense, as
required by the laws of the City of Dubuque, State of Iowa, and the United States.
5. TERMINATION. This Agreement may be terminated at any time by City without
prior notice and by Concessionaire upon seven (7) days' written notice to City. Upon
termination of this Agreement, Concessionaire shall remove all its property and personnel
from the concession stand. 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 for the benefit and convenience of the public. The rights and obligations of the
parties under this Agreement shall end upon the termination of this Agreement except that
Concessionaire shall be responsible for any damages or losses attributable to its acts or
those of its employees while operating the concession stand.
6. ASSIGNMENT OF AGREEMENT. Concessionaire shall not assign, sell, or in
any way transfer its business or this Agreement without the prior written consent of the
Leisure Services Manager.
7. PRODUCT SALES AND HOURS OF OPERATION. It is understood and agreed
that Concessionaire shall handle a general line of soft drinks, food, and other items, such
as are commonly found available at such concession stands. No alcoholic beverages or
gum shall be sold. Concessionaire shall obey all laws and regulations of the City of
Dubuque and State of Iowa pertaining to the sales of ail products. Concessionaire shall file
a price list prior to May 14th for all items sold at the concession stand with the Leisure
Services Manager. The prices shall be in effect until the Leisure Services Manager is
notified in wdting that a pdce 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 shall prevail until a new pdce list is approved. The concession stand shall
be open and available to the public during the hours as determined by City, primarily to
coincide with 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 shall be not later than 15 minutes
after the Pool closes. The Concessionaire shall enforce a "no carry-in" rule for the area.
8. MACHINERY AND EQUIPMENT. Concessionaire shall 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 shall require the prior written
approval by the Leisure Services Manager and shall be at Concessionaire's expense. When
machinery or equipment is removed, the concession stand shall be restored to its original
condition, at Concessionaire's expense.
9. ELECTRICITY AND WATER. City shall provide electricity and water to the
concession stand for use by Concessionaire at City's sole expense.
2
10. BUILDING MAINTENANCE. City shall maintain the concession stand at its
expense. However, Concessionaire shall be responsible for all damage caused by its
employees. Concessionaire shall not alter the interior or extedor of the concession stand
without prior written consent of the Leisure Services Manager.
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 shall be hung On the outside of the concession stand without
the prior written approval of the Leisure Services Manager.
12. HOUSEKEEPING. Concessionaire shall be solely responsible for the
maintenance of the concession stand and keep the same in a clean and wholesome
condition at all times. Concessionaire shall keep all garbage and refuse generated by its
business neatly contained. City shall be responsible for cleaning rest room facilities and
collecting refuse from the pool facility.
13. PERSONNEL IN CONCESSION AREA. Only employees of Concessionaire or
its authorized personnel shall be permitted in the concession stand.
14. REMOVAL OR ENCUMBRANCE OF CITY PROPERTY OR FUNDS.
Concessionaire shall not remove or encumber any property or equipment of City located in
the concession stand, nor shall Concessionaire dispose of or disburse any funds owed to
City.
15. RIGHT OF ENTRY. City shall have the right to enter and examine the
concession stand at any time.
16. INSURANCE. Concessionaire shall provide such insurance as required by the
following insurance schedule.
Any policy of insurance or certificate of insurance required hereunder shall be with
a carrier authorized to do business in Iowa and a carrier that has received a rating of A or
better in the current Best's Rating Guide.
Any policy of insurance required hereunder shall provide for a thirty (30) day notice
to City of any material change or cancelation of the policy prior to its expiration date.
Concessionaire shall have its insurance agent or company certify in wdting that any
policy of insurance required herein with an aggregate limit of liability has not been reduced
by paid or reserved claims at the time of issuance of policy or certificate.
Concessionaire shall furnish copies of the following policies to City, with limits not less
than the following, or greater if required by law, and shall also furnish certificates of
insurance from all independent contractors or subcontractors hired by Concessionaire or any
3
independent subcontractor, which certificates shall provide evidence of coverage for the
following with limits not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$ 2,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
$ 5,000
OR
Combined Single Limit
Medical Payments
$ 2,000,000
$ 5,OOO
Coverage is to include: occurrence form, premises/operations/products/completed
operations coverage, independent contractors' coverage, contractual liability, broad form
property damage, personal injury, City named as an additional insured with thirty (30) days'
written notice of change or cancelation.
To the extent that Concessionaire's business is such as to place any or all of its
employees under the coverage bf Worker's Compensation or similar statutes,
Concessionaire shall provide at his own expense during the time Concessionaire occupies
the premises and throughout the term, Worker's Compensation or similar insurance
affording the coverage and limits required by statute. Concessionaire shall provide City with
evidence of such coverage,
17. INDEMNIFICATION. Concessionaire agrees to defend, indemnify and hold
harmless 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.
18. LIABILITY FOR CONCESSIONAIRE'S EQUIPMENT, SUPPLIES, AND
OTHER PROPERTY. City shall not be responsible in any way for lost, stolen, or damaged
equipment, supplies, or other property of Concessionaire. Concessionaire shall be solely
responsible for all of its equipment and supplies.
19. EMPLOYEES. Concessionaire shall supply at its sole expense a sufficient
number of employees to adequately serve the public during its hours of operation.
Concessionaire's employees shall at all times reflect personal cleanliness. Unkempt and
unclean employees shall not be tolerated. Employees shall wear distinctive shirts, jackets,
or smocks whenever working. The on-site individual responsible for the concession
operation shall be at least seventeen years old.
4
20. PERFORMANCE BOND. Concessionaire shall on or before May 14, 2000,
execute to City a bond with good and sufficient security, said bond to be approved by City,
in the sum of Five Thousand Dollars ($5,000.00) conditioned upon the faithful performance
and discharge of the obligations imposed by this Agreement from the date thereof and said
bond shall remain in full force and effect during the life of the Agreement. Concessionaire
shall pay all premiums changeable for said bond and shall 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 area. Said performance bond shall contain a provision that it shall not be
terminated or otherwise al'lowed to expire pdor to thirty (30) days' written notice to City. Said
bond shall be in a form satisfactory to City and a duplicate copy, along with written evidence
of payment of the required premium, shall be filed with City during the term of this
Agreement.
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 shall have the option of continuing to operate its business from
a temporary or mobile concession stand.
CITY Of DUBUQUE
/s/ Michael Van Milligen
CONGISSIONAIRE
David L. Maiers
address 280 Quince
Dubuque, Iowa 52003-7539
telephone 319-556-3584