Loading...
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