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Swimming Pool Concess AgreementMEMORANDUM February 25, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Swimming Pool Concession Agreement Sealed bids were received 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: Base Fee Percentage of Gross Sales Baseball Dreamers $8,500 F / $3,500 S 20% F / 2O% S Dave Maiers Concessions $6,000 F / $3,000 S 19.5% F / 18% S Tom Tressel $3,500 F / $1,500 S 15%F/15%S Leisure Services Manager Gil Spence recommends award of the contract to Baseball Dreamers. The Park and Recreation Commission endorsed this recommendation at its January 14th meeting. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 25, 2003 TO: Michael C. Van Milligen, City Manager 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 Baseball Dreamers to operate the concession stands at Flora and Sutton swimming pools. DISCUSSION Sealed bids were received on January 10th 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: Base fee Percentage of Gross Sales Baseball Dreamers $8,500 F / $3,500 S 20% F / 20% S Dave Maiers Concessions $6,000 F / $3,000 S 19.5% F / 18% S Tom Tressel $3,500 F / $1,500 S 15% F / 15% S Dave Maiers Concessions has operated the concession stands at both pools for six years and has provided good service. Baseball Dreamers is a group out of Dyersville, Iowa, and has provided concessions at the McAleece Recreation Complex for one season. They, too, have provided good service. Tom Tressel was part of the group that operated the concessions at McAleece Recreation Complex prior to the Baseball Dreamers taking over. All three bidders are qualified, have experience with our department, and are good to work with. RECOMMENDATION I recommend the City Council approve awarding the concession agreement to Baseball Dreamers. This bid will provide a minimum of $4,000 more revenue to the City than the second Iow bidder and could be more if the percentage of gross sales is greater than the base fee. The Park and Recreation Commission endorsed this recommendation at its January 14th meeting. (continued) swimming pool concession agreement page two ACTION STEP The action requested is that the City Council award the concession agreement to Baseball Dreamers and that the City Manager be authorized to sign the agreement GDS:jlr attachments CONCESSION AGREEMENT FOR FLORA PARK and NICHOLAS J. SUTTON SWIMMING POOLS This Concession Agreement made and entered into this __ day of___________ 2003, 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 Baseball Dreamers, hereinafter called "Concessionaire", whose address for the purpose of this Agreement is 401 - First Avenue, East, Dyersville, Iowa 52040. WITNESSETH: WHEREAS, City is engaged in the operation and maintenance of the public facility called the Flora Park and Nicholas J. Sutton Swimming Pools (the Pools) and the 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, 2003, through September 1, 2005 (three swimming seasons). 2. PAYMENTS. Concessionaire shall pay to City, through the Leisure Services Department, the sum of $8,500.00 per year or 20 percent (20%) of annual gross sales for Flora Park Swimming Pool; $3,500.00 per year or 20 percent (20%) of annual gross sales for Nicholas J. Sutton Swimming Pool, 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, the 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 the 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, tobacco, 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 all 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 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 price list is approved. The concession stand shall be open and available to the public during the hours as determined by the 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 2 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. 1 0. 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. 1 1. 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 at Sutton Pool and collecting refuse from the pool facility. 1 3. 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 attached insurance schedule. To the extent that the 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 3 provide the City of Dubuque with evidence of such coverage. 1 7. 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. 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. 20. PERFORMANCE BOND. Concessionaire shall on or before May 14, 2003, 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 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 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 CONCESSIONAIRE IT'S REPRESENTATIVE IT'S REPRESENTATIVE address telephone 5