BOATHOUSE AND CONCESSION OPERATIONS PROPOSAL JANUARY 2017 PLEASE RETURN PRICING SHEET, SIGNATURE SHEET AND FORM OF AGREEMENT BY 4:00 PM ON WEDNESDAY, FEB. 22, 2017 TO: CITY OF AURORA PARKS AND RECREATION DEPARTMENT WALKER BUILDING 129 W. PIONEER TRAIL AURORA, OHIO 44020 MINIMUM SPECIFICATIONS, INSTRUCTIONS AND STANDARD FORM PROPOSAL FOR AN AGREEMENT WITH THE CITY OF AURORA, OHIO Director of Parks and Recreation, Walker Building, 129 West Pioneer Trail, Aurora, OH 44202 1. General: The intent of these specifications is to solicit proposals for the operation of the concession stand and boathouse at Sunny Lake Park. The City of Aurora will cover all utility costs associated with the operation of the concession stand and boathouse (i.e., water, electricity). General maintenance to the building required due to normal usage will be provided by the Vendor including but not limited to: cleanup of the floor, walls, counter, and general area of the stand. 2. Location covered by Proposal: Sunny Lake Park Concession Stand, 890 E. Mennonite Road, Aurora, OH 44202 and Sunny Lake Park boathouse located at 885 E. Mennonite Road, Aurora, OH 44202. 3. Exclusivity: The City of Aurora reserves the right to authorize various entities the ability to operate business within Sunny Lake Park during certain specific special events that may occur throughout the year. The City will not permit access to the Concession Stand to non-Concession staff without notice to the Vendor. Vendor is encouraged to work with local non-profit groups for fund raising opportunities. 4. Duration of Contract: April 2017 – December 31, 2018 with an optional 3 year of 2019. 5. Proposal: Sealed proposals endorsed "RFP Concession Services". No proposal shall be accepted from a Vendor who is in default of any material condition or provision of any former contract or concession agreement with the City. The City reserves the right to award the proposal to the highest and/or best and most responsible proposal. Vendor must be willing to accept and enter into an agreement in the event he/she is the successful Vendor thereon. 6. Articles to be Sold and Prices of Refreshments and Merchandise: The Vendor shall, at least six (6) weeks prior to each season, submit to the Parks and Recreation Director a list of items to be sold or services offered and the price to be charged for each item or service. Any additions or changes to this list either as to the type, weight, size, quality, or price of items or services provided during the operating season must be submitted to the Parks and Recreation Director seven days prior to the requested effective date of the change. All foods, drinks, beverages, confections, refreshments and the like, sold or kept for sale, shall be of first quality, wholesome and pure, and shall conform in all respects to the Federal, State, and Municipal Laws, Ordinances and Regulations. The Parks and Recreation Director shall have the sole right to approve, modify, or reject specific categories of products to be sold or the type, kind, weight, size, quality and price of merchandise or other items sold or to be sold, or prices charged and any of the services provided by the Vendor, and said approval shall not be unreasonably withheld. The sale of glass bottled goods and intoxicating beverages of any kind is strictly prohibited. All prices of all items shall be posted in full and open view of the public. 7. Fishing Permits, Boat Rentals: Sunny Lake Park boathouse sales would include City fishing permits and boat rentals. Vendor would keep 10% of revenue from sale of those items. Finances shall be included in the monthly sales report. 8. Licenses and Taxes: The Vendor shall pay all taxes and license fees that shall accrue or become due under the laws of the United States or the State of Ohio or the Municipal Code or the City of Aurora during the term of the contract. The Vendor shall comply with and enforce all regulations as set forth by the Portage County Board of Health and all Federal, State, and local ordinances including, but not limited to the following: a. Employees shall be properly instructed on sanitation and hygiene standards and regulations. All concession stand facilities, including but not limited to floors, walls, ceilings, work surfaces, cabinets, sinks, electrical fixtures, plumbing fixtures, storage areas and food/beverage concession equipment, shall be maintained in a sanitary manner acceptable to the City of Aurora and to the Portage County Department of Health; b. If cleaning and bacterial treatment of utensils is done manually, it shall be done in a three compartment sink so as to permit washing, rinsing and sanitizing in not less than 170 degree Fahrenheit temperature. After bacterial treatment, utensils shall be stored in a clean, dry place protected from flies and other contamination and shall be handled in a manner to prevent contamination; c. All storage of food products must be maintained at a temperature of 40 degrees Fahrenheit or less for cold food, or 140 degrees Fahrenheit or more for hot food; d. Employees shall consume food only in designated dining areas. An employee dining area shall not be so designated if the consumption of food in such designated area may result in contamination of food, equipment, utensils, or other items needing protection; rd e. f. 9. Employees shall not use tobacco in any form while at work. City Ordinances regarding the restriction of smoking shall be followed; The outer clothing of all employees shall be clean, all employees shall be neat and clean at all times, and shall use effective hair restraints to prevent contamination of food or food contact surfaces. Beards and mustaches must be neatly trimmed, there will be no undue handling of hair, and hair shall not come into contact with food or food contact surfaces. Utilities: Concession operations relative to electricity, natural gas and water will be paid by the City. The Vendor shall exercise energy conservation methods and procedures whenever possible. The City reserves the right to monitor all applicable energy consumption, and to determine conservation measures to be implemented by the Vendor which will not impede concession retail potential. Vendor shall be responsible for any cellular service it requires for operation of the stand. 10. Equipment: City of Aurora will provide the following concession equipment including, but not limited to: refrigerator, freezer, drink cooler, coffee machine, slushy drink machine, popcorn machine, nacho cheese warmer, hot dog roller and bun warmer. Vendor shall add new equipment as needed and mutually agreed by the Director of Parks and Recreation. Any such new equipment shall remain the property of the Vendor. Vendor shall be responsible for routine maintenance and cleaning of equipment. The City will be responsible for repair and replacement of its own equipment unless misuse is found to have occurred. The City shall also be responsible for ongoing maintenance and repairs of permanent fixtures. For the boathouse operations, the City of Aurora shall provide paddle boats, fishing boats, oars and life jackets. Any boat damage must be reported the next business day to the Parks and Recreation Director. 11. Staff Wages & Benefits: Vendor shall be responsible for payment of all wages to employees. The Vendor shall comply with the requirements of all Federal, State, and local laws, rules, and regulations including, but not limited to, payment of taxes, social security, unemployment compensation, and workers’ compensation. Vendor shall employ staff trained in food management and proper food handling and shall have a manager on site daily. Preference in hiring employees shall be given to qualified, local residents. Vendor and its employees must reflect an image appropriate for the Parks and Recreational facility at which the concession stand is located. This includes service orientation, appropriate appearance, attitude, and behavior. All staff must wear appropriate clothing and display a name tag at all times. Neither the Vendor, nor any person employed by the Vendor, shall use improper language or act in a loud or boisterous manner. The Vendor agrees to dismiss any person acting in violation of this Agreement at the request of the City, which request is to be made through the Parks and Recreation Director. The Vendor shall submit a list of all supervisory personnel who will be working at each concession stand. Such list shall include the name, date of birth and social security number. All employees shall be subject to a background check to those over 18 years of age. The Vendor is to staff the concession stand with an adequate number of employees to provide proper service. All persons employed by the Vendor for operations pertaining to this Agreement shall follow necessary labor laws including, but not limited to Minor Labor Laws. 12. Hours: Specific operational hours must be approved by the Director of Parks and Recreation. Typically the boathouse season would be from Memorial Day to Labor Day each year. Additional operational hours outside of those dates are encouraged. Specific operational schedule must be posted at facility and vendor shall notify Parks and Recreation Director a minimum of 2 weeks in advance. General operational hours shall cover scheduled programs, events and pavilion rentals as well as general park usage. For reservations that occur during non-operational hours, Vendor shall provide necessary staffing as approved with the Parks and Recreation Director and receive a labor credit of $12/hour for monthly billing. During inclement weather, if the boathouse or concession stand are closed, the vendor shall notify the Parks and Recreation Director and also post a sign on site stating such. 13. Equipment Cleanup: At the conclusion of the authorized operating season the Vendor shall remove all Vendor stock items and property of the Vendor, and clean all affected areas to the full satisfaction of the Parks and Recreation Director. The same shall be completed within fourteen (14) calendar days of the last day of the authorized operating season as mutually agreed. 14. Trash Disposal and Grounds Cleaned: The Vendor shall be obligated to keep the buildings and the surrounding area to be free of any paper, garbage or rubbish, or other litter resulting from the operation or the products purchased or consumed by its customers during operational hours. For the boathouse, this surrounding area includes the large pavilion attached to the boathouse as well as the 3 small pavilions that are near the bridge and the playground. The concession stand area includes around the concession stand and does not include trash cans next to or inside dugouts. The vendor shall be responsible for proper disposal of trash and recycling waste receptacles into the dumpsters provided on site. City shall be responsible for proper disposal of trash located within dumpsters. 15. Restroom Cleaning: The Vendor shall be responsible for cleaning the restrooms during operating hours. City is responsible for providing paper products as well as cleaning supplies. The City shall be responsible for cleaning the restrooms during dates that the buildings are not open. 16. Signage & Marketing: Appropriate indoor and outdoor advertising and information signs are permissible, but Vendor must receive prior written approval by the Parks and Recreation Director on size, type, and location of such signs. All signage must meet City standards and regulations. Vendor may market operation with professional flyers, menus, pricelists, and hours of operation. All public relations material must be approved by the Parks and Recreation Director. 17. Payment: Proposal shall indicate the percentage of sales to be paid to the City on a monthly basis. Payment shall be due by the th 15 of each following month. Late payments shall incur a 10% penalty fee. Monthly financial statements must be submitted to the Director of Parks and Recreation indicating all financial transactions with an accounting of the method of disposal of any profits resulting from the operation of the concession stand and boathouse. 18. Claims and Damages: It is agreed that Vendor is an independent contractor responsible for all acts and omissions of its officers and employees, and the City shall not be responsible for any acts or omissions committed by the Vendor, its officers or he/she will indemnify and save harmless the City of Aurora from all claims, damages, actions or causes of action and will defend employees, regardless of the nature of the act or omission. The Vendor shall covenant and agree with the City of Aurora that any suit brought against the City by reason of the Vendor's failure to neglect in complying with any of the conditions and obligations of this agreement, or by reason of anything arising from or growing out of the negligence of the operation of the aforesaid concession. 19. Liability and Property Damage Insurance: Throughout the term of this Agreement, Vendor shall have in force a policy of liability insurance which covers all acts and omissions of its officers and employees in their performance of the provisions of this contract in the sum of One Million Dollars ($1,000,000) per occurrence/ Two Million Dollars ($2,000,000) for Commercial General Liability Insurance and One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage for Commercial Automobile Liability Insurance. The City shall be named as an additional insured on said policy of insurance. The policy shall contain a clause obligating the insurance carrier to give ten days written notice to the Mayor and Council before lapse, expiration, termination, or cancellation of said policy. A Certificate of Insurance evidencing such policy must be submitted to the City prior to the commencement of this Agreement. 20. Termination Upon Breach: If any installment or part thereof shall at any time be in arrears and unpaid or if the Vendor should fail to keep and perform any of the covenants, agreements, provisions, terms or conditions of this concession agreement on the part of the Vendor to be kept and performed after ten (10) days written notice upon the Vendor to pay the installment or to rectify the breach complained of, the City of Aurora shall cause this concession agreement to cease, be utterly void and terminated, without prejudice to the City’s right of action for arrears of installment payments or breach of covenant, present and prospective damages or any other cost or expense resulting from such breach on the part of the Vendor. 21. Competency of Bidder: No proposal will be considered unless the Vendor shall have furnished evidence satisfactory to the City of Aurora that he has the necessary facilities, abilities, experience and financial resources to fulfill the conditions of the contract and specifications. City of Aurora Concession Services Proposal Form The undersigned proposed to operate the concession stand and the boathouse at the City of Aurora Sunny Lake Park in full accordance with the specifications, conditions, and terms enumerated in the legal notice and the request for proposal, copies of which are attached hereto and made a part hereof and binding upon the proposal, and the undersigned proposes as follows: 1. Pay as consideration to the City for said Sunny Lake Park Concession Stand and Boathouse for the duration of contract: 2017 % of sales (figures): % of sales (words): 2018 % of sales (figures): % of sales (words): 2019 (optional) % of sales (figures): % of sales (words): 2. Additional or miscellaneous comments by the Vendor: ________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ STANDARD PURCHASE PROPOSAL FORM To: City of Aurora Proposal: Boathouse and Concession Operations The undersigned proposes to furnish the above materials, supplies or equipment, and, subject to the terms and conditions of this contract, to accept as full compensation therefore. The undersigned further proposes to execute the Contract Agreement and to furnish satisfactory bond within five (5) days, excluding Saturdays and Sundays and holidays after notice of award of contract has been received. The undersigned further certifies that he/she (as an individual, firm or corporation making this proposal) is not in arrears or default to the City of Aurora upon any debt of contract nor is a defaulter as surety or otherwise upon any obligation to said City, nor has failed to perform faithfully any previous contract with said City and that there is no suit or claim pending as to any such arrears or default. The undersigned represents that he/she (if an individual) and all the partners in the partnership (if a partnership) are citizens of the United States of America. The undersigned further agrees that if the proposal is accepted and contract awarded and he/she shall fail to execute said contract and furnish the satisfactory bond, as required, within the time above specified, then the City may, at its option, declare the contract abandoned and this proposal null and void. Thereupon the certified or cashier's check shall be forfeited to and become the property of the City of Aurora as liquidated damages. Otherwise, the certified or cashier's check, or the amount of such check shall be returned to the undersigned. THE UNDERSIGNED UNDERSTANDS THAT THE CITY OF AURORA RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS AND/OR SEVER THE RELATIONSHIP DUE TO, BUT NOT LIMITED TO MALFEASANCE, NONFEASANCE, OR MISFEASANCE. The firm, corporation, or individual name must be signed in the space indicated If proposer is a firm or corporation, the title of the officer signing and the state in which incorporated must be indicated Print Name Title Company Name Business Address City Signature State Zip Date
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