McAleece Park and Recreation Complex Concession Agreement
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 27, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
McAleece Park and Recreation Complex Concession Agreement
Sealed bids were received on January 12, 1999, for operation of the concession
stand at the McAleece Park and Recreation Complex. Leisure Services Manager Gil
Spence is recommending award of the concession agreement to 8th Inning LLC and
that the City Manager be authorized to sign the agreement. The Park and
Recreation Commission endorses this recommendation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M[chael C. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Gil Spence, Leisure Services Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
January 21, 1 999
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, leisure Services Manage~
SUBJECT: McAleece Park and Recreation Complex Concession Agreement
INTRODUCTION
The purpose of this memorandum is to request City Council approval of awarding the
concession agreement at the McAleece Park and Recreation Complex to 8th Inning
LLC.
DISCUSSION
Bids were received on January 12th for operation of the concession stand at the
McAleece Park and Recreation Complex. Attached is a copy of the concession
agreement on which bids were made. The bid notice called for a base fee (guaranteed
amount) or percentage of gross sales, whichever is greater. The following three bids
were received:
8th Inning LLC
Jodi & Mike Hoskins
Dubuque Sports Complex, Inc.
Base fee
$ 13,500
$ 8,000
$ 5,000
Percentage of Gross Sales
30%
30%
25%
8th Inning LLC is a group of parents that want to operate the concession stand with
their children to provide them (children) with summer employment. At least one adult
will be present all the time the stand is open. The group seems to be well organized
with the ability to provide the service we need.
RECOMMENDA TION
I recommend the City Council approve awarding the concession agreement to 8th
Inning LLC. The Park and Recreation Commission endorsed this recommendation at
its January 12th meeting.
ACTION STEP
The action requested is that the City Council award the concession agreement to 8th
Inning LLC and that the City Manager be authorized to sign the agreement.
GDS:et
attachments
Name
Kevin Arthofer
Donna McDonough
Rosanne & Steve Becker
Sue & Larry Bonert
Teresa & Bill Brahm
Jeni & ~Iike Ferring
Gayla & John Roarig
Julie & Tom Tressel
8th Inning Ltd. Partners
Address Phone
2600 Windsor 582-4474
3723 Hillcrest Rd 582-7761
653 Kane St 588-0562
3091 Kane (t. 556-0347
42 S Algona 583-9824
5175 Saratoga Rd. 556-0892
3086 Kane (t. 582-4388
3082 Kane (t. 588-3579
8th Inning Ltd. Partners
~ Address Phone
Kevin Arthofer 2600 Wmdsor 582-4474
Donna McDonough 3723 Hillcrest Rd 582-7761
Rosanne & Steve Becker 653 Kane St 588-0562
Sue & Larry Bonert 3091 Kane Ct. 556-0347
Teresa & Bill Brahm 42 S Algona 583-9824
Jem & Mike Ferring 5175 Saratoga Rd. 556-0892
Gayla & John Roarig 3086 Kane Ct. 582-4388
Julie & Tom Tressel 3082 Kane Ct. 588-3579
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 27, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
McAleece Park and Recreation Complex Concession Agreement
.
Sealed bids were received on January 12, 1999, for operation of the concession
stand at the McAleece Park and Recreation Complex. Leisure Services Manager Gil
Spence is recommending award of the concession agreement to 8th Inning LLC and
that the City Manager be authorized to sign the agreement. The Park and
Recreation Commission endorses this recommendation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~wU ~/1J2
Mrchael C. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Gil Spence, Leisure Services Manager
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 21, 1999
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: McAleece Park and Recreation Complex Concession Agreement
INTRODUCTION
The purpose of this memorandum is to request City Council approval of awarding the
concession agreement at the McAleece Park and Recreation Complex to 8th Inning Ltd.
DISCUSSION
.
Bids were received on January 12th for operation of the concession stand at the
McAleece Park and Recreation Complex. Attached is a copy of the concession
agreement on which bids were made. The bid notice called for a base fee (guaranteed
amount) or percentage of gross sales, whichever is greater. The following three bids
were received:
8th Inning Ltd.
Jodi & Mike Hoskins
Dubuque Sports Complex, Inc.
Base fee
$ 13,500
$ 8,000
$ 5,000
Percentage of Gross Sales
30%
30%
25%
8th Inning Ltd. is a group of parents that want to operate the concession stand with
their children to provide them (children) with summer employment. At least one adult
will be present all the time the stand is open. The group seems to be well organized
with the ability to provide the service we need.
RECOMMENDA TION
I recommend the City Council approve awarding the concession agreement to 8th
Inning Ltd. The Park and Recreation Commission endorsed this recommendation at its
January 12th meeting.
ACTION STEP
.
The action requested is that the City Council award the concession agreement to 8th
Inning Ltd. and that the City Manager be authorized to sign the agreement.
G D S: et
attachments
8th Inning Ltd. Partners
Name Address Phone
Kevin Arthofer 2600 Windsor 582-4474
Donna McDonough 3723 Hillcrest Rd 582-7761
Rosanne & Steve Becker 653 Kane St 588-0562
Sue & Larry Bonert 3091 Kane Ct. 556-0347
Teresa & Bill Brahm 42 S Algona 583-9824
J eni & Mike F erring 5175 Saratoga Rd. 556-0892
Gayla & John Roarig 3086 Kane Ct. 582-4388
Julie & Tom Tressel 3082 Kane Ct. 588-3579
CONCESSION AGREEMENT
FOR
GERALD "RED" McAleece PARK AND RECREATION COMPLEX
This agreement, made and entered into this ~ day ott:"\>{'d<>.r;;p-' 1999, by
and between the City of Dubuque, Iowa, acting through the Park a d Recreation
Commission, hereinafter called the "City", whose address for the purpose of this lease
is 2200 Bunker Hill Road, Dubuque, Iowa, and 8th Inning LLC, hereinafter called the
"Concessionaire", whose address for the purpose of this agreement is 3086 Kane Co.~rt
(Gayla and John Roarig).
WITNESSETH:
WHEREAS, the City is engaged in the operation and maintenance of the public
facility called Gerald "Red" McAleece Park and Recreation Complex and the City desires
to engage a competent and qualified concessionaire to operate and manage the
concession stand at the facility; and
WHEREAS, The Concessionaire is desirous of procuring from the City the right
to operate and manage 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 Gerald "Red"
McAleece Park and Recreation Complex materially enhanced by granting an agreement
to a reputable party who will provide certain services to the public patronizing the
complex.
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 agreement for the privilege and obligation to
operate the concession rights at the Gerald "Red" McAleece Park and Recreation
Complex shall be for the period from April 1, 1999 through September 30, 2001 (three
softball seasons).
2. PAYMENTS. Concessionaire shall pay to the City, through the Leisure
Services Department, the sum of $13,500 per year or 30% percent of gross sales
(excluding sales tax), whichever amount is greater, for each year that this agreement
is in effect. Said fee shall be paid in monthly payments due by the 15th of the month,
beginning with the second month of operation.
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3. FINANCIAL STATEMENTS. Concessionaire shall not later than the 15th of
each month provide the City with a financial statement verifying all receipts from the
operation of its business. In addition, Concessionaire shall make available to the City
all its records regarding the operation of the business when so requested by the City.
4. LICENSES. Concessionaire shall obtain all licenses, permits, and other
documents necessary to operate a food and beverage business, including beer sales, 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 by the Leisure ServiGes
Manager without prior notice if it is deemed in the best interest of the City and by
Concessionaire upon seven (7) days' written notice to the Leisure Services Manager.
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 right
to provide certain services for the benefit and convenience of the public. The rights and
obligation of the parties under this contract shall end with the effective day of the
termination of this agreement except that the Concessionaire shall be responsible for
any damages or losses attributable to his/her acts or those of his/her employees while
operating the concession stand.
6. ASSIGNMENT OF AGREEMENT. Concessionaire shall not assign, sell, or in
any way transfer the 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 beer, soft drinks, food, et cetera,
such as are commonly found available at such places. Concessionaire shall obey all
laws and regulations of the City of Dubuque and State of Iowa pertaining to the sales
of said products, including dram shop insurance. The Concessionaire shall file a price
list prior to April 14th for such items sold at the concession stand, with the Leisure
Services Manager. These 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
shall not submit a price list to the Leisure Services Manager prior to April 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 the playing of all regularly scheduled,
rescheduled, or tournament games. Closing shall not be later than fifteen minutes after
the final game is concluded. The City reserves the right to prohibit beer sales during
youth activities at the Gerald "Red" McAleece Park and Recreation Complex. The
Concessionaire shall enforce the "no carry-in" rule for the area. The Concessionaire
shall be responsible for locking all doors and gates in the area each night of operation.
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8. MACHINERY AND EQUIPMENT. Concessionaire shall provide and maintain
all machines and equipment necessary to operate its business at its sole expense.
Structural changes to the building pertaining to equipment must be approved in writing
by the Leisure Services Manager and done at Concessionaire's expense. When said
equipment is removed, the building shall be restored to its original condition, at
Concessionaire's expense. Storage shall be limited to the concession area.
9. ELECTRICITY AND WATER. City shall provide electricity and water to
concession area for use by Concessionaire at City's sole expense.
10. BUILDING MAINTENANCE. City shall maintain concession building at its
expense. However, Concessionaire shall be responsible for all damage done 'by
employees of the Concessionaire. Concessionaire shall not alter the interior or exterior
of the concession building without prior written consent of the City.
11. SIGN(S). Concessionaire, at his/her sole expense and with approval from
the City, may erect suitable signs to inform the public of the products available for sale,
and the prices. No signs will be hung on the outside of the concession building without
approval from the Leisure Services Manager.
12. HOUSEKEEPING. Concessionaire shall be solely responsible for maintaining
the concession business area and keeping the same in a clean and wholesome condition
at all times. Concessionaire shall keep all garbage and refuse generated by his/her
business neatly contained, including the concession portion of the building. The City
shall be responsible for cleaning the rest room facilities and collecting refuse.
13. PERSONNEL IN CONCESSION AREA. Only employees of the Concessionaire
or authorized personnel shall be permitted in the concession portion of the building.
14. REMOVAL OR ENCUMBRANCE OF CITY PROPERTY. Concessionaire shall
not remove or encumber any property or equipment of City located in the concession
building; 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 area 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 the City of any material change or cancelation of the policy prior to its
expiration date.
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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 the 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 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 (anyone 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
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/
completed operations coverage, independent contractors' coverage, contractual liability,
broad form property damage, personal injury, City of Dubuque named as an additional
insured with thirty (30) days' written notice of change or cancelation.
DRAM SHOP LIABILITY:
Bodily Injury
Property Damage
Loss of Means of Support
OR
Combined Single Limit:
x
x
x
$ 1,000,000
City of Dubuque shall be listed as an additional insured with a thirty (30) day
written notice of cancelation.
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, the
Concessionaire shall provide at his own expense during the time the Concessionaire
occupies the premises and throughout the term, Worker's Compensation or similar
insurance affording the coverage and limits required by statute. The Concessionaire
shall provide the City of Dubuque with evidence of such coverage.
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17 . INDEMNIFICATION. The 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 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. The 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 the hours of operation.
Concessionaire's employees shall at all times reflect personal cleanliness. Unkempt and
unclean employees will not be tolerated. Employees shall wear distinctive shirts,
jackets, or smock and cap whenever working.
20. PERFORMANCE BOND. Concessionaire shall on or before April 14, 1999,
execute to the 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 force and effect during the life of the agreement.
Concessionaire shall pay all premiums chargeable 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 until thirty (30)
days' written notice to that effect is given to the City and the Concessionaire herein.
Said bond shall be in a form satisfactory to the City; and a duplicate copy, along with
written evidence of payment of the required premium, shall be filed with the 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
building, the City at its option may proceed with rebuilding or repair of the building.
During the period of rebuilding, Concessionaire shall have the option of continuing to
operate its business from a temporary or mobile concession stand.
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