Consider allowing Recreation Director to rent three (3) beach concession areas

Transcription

1 MEMORANDUM TO: GLYNN COUNTY RECREATION & PARKS DEPARTMENT 4121 Community Road, Brunswick, Georgia Phone: (912) Fax: (912) glynnrec@glynncounty-ga.gov Honorable Commissioners FROM: SUBJ: Wesley Davis, Recreation Director Consider allowing Recreation Director to rent three (3) beach concession areas DATE: February 15, 2008 BACKGROUND: The past several summers the County has received sealed bids for beach concessions at various locations. Advertisement for beach concessions has been done through the Glynn County website, public notice and public service announcements. The Recreation Director is requesting authorization to advertise for interested vendors to submit sealed bids for the beach concession areas for the 2008 beach season. Staff is requesting to issue contracts for the rental of two Massengale Park beach concession areas at a minimum bid of $1,000 per area. Vendors awarded contracts would be allowed to set up their concession stand from 11:00am to 4:00pm seven days per week from Memorial Day to Labor Day. The vendors would be required to remove their concession stands at the end of each day. With a concession stand included as apart of the new Coast Guard Bathhouse, staff requests to contract with one vendor for this concession facility from 11:00am to 4:00pm seven days per week from Memorial Day to Labor Day. The proposed minimum bid for this concession facility site is $2,500 per contract. ALTERNATIVES: 1) Consider authorizing the Recreation Director to accept sealed bids for the purpose of renting two beach concession sites at Massengale Park and one beach concession facility at the Coast Guard Bathroom from Memorial Day to Labor Day; setting the minimum bid for the Massengale Beach sites at $1,000 and the minimum bid for the concession facility at the Concession at the Coast Guard Bathroom at $2,500; and authorizing the Chairman to sign the rental agreements with the three highest bidders. 2) Suggest alternatives. RECOMMENDATION: Recreation staff recommends Alternative #2. RECOMMENDED MOTION: I make a motion to: authorize the Recreation Director to accept sealed bids for the purpose of renting two beach concession sites at Massengale Park and one beach concession facility at the Coast Guard Bathroom from Memorial Day to Labor Day; set the minimum bid for the Massengale Beach sites at $1,000 and the minimum bid for the concession facility at the Concession at the Coast Guard Bathroom at $2,500; and authorize the Chairman to sign the rental agreements with the three highest bidders. cc: Charles Stewart, County Administrator and Becky Rowell, Assistant County Administrator

2 AGREEMENT THIS AGREEMENT made and entered into on the day of, 20, by and between GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, party of the first part (hereinafter referred to as the "County"), and, party of the second part (hereinafter referred to as the "Vendor"). WITNESSETH WHEREAS, the County is the owner of the property known as Massengale Park; and WHEREAS, the Glynn County Board of Commissioners has the sole jurisdiction to manage the areas within Massengale Park (hereinafter referred to as the "Park"); and WHEREAS, the County is desirous of making refreshments available to Park, and beach visitors; and WHEREAS, the Vendor is desirous of locating a single mobile concession vending stand (hereinafter referred to as "concession stand") at the Park for use by seasonal visitors thereto; NOW THEREFORE, for and in consideration hereinafter fully set out hereby, and the covenants to be performed, the County and the Vendor agree as follows: 1. Vendor shall comply with all rules, regulations, and policies of the County, together with all other applicable local, state, and federal laws.

3 2. Vendor shall locate its concession stand within the County designated area. Vendor is prohibited from locating its activity on the beaches or in the dunes of Saint Simons Island. Vendor shall operate its concession stand between the hours 11 a.m. and 4:00 p.m., seven days per week, from Memorial Day through Labor Day. Vendor shall remove its concession stand each night from the designated area; the County will not provide or allow overnight parking facilities for any concession stand. 3. Vendor shall operate a self-contained concession stand at its own expense. The County will not furnish or provide access to utilities for the operation of the concession stand. The County will incur no charges, fees, or exactions for the security of the concession stand, nor for any local, state, or federal fees or taxes assessed against the Vendor for operation of the concession stand in the designated area. The County shall not be responsible for damage or theft to any Vendor property. 4. Vendor is responsible for any litter which it introduces to the Park and adjacent beach areas. Vendor shall not use the premises or any public trash receptacle to dispose of any grease, oil, or similar substance which may cause harm to the environment. 5. Vendor agrees not to sell or make available for public consumption any alcohol or cigarettes. Page 2

4 6. Vendor is prohibited from using a radio, tape player, public address or speaker system, playing music, or otherwise making any noise which tends to annoy the general public, including specifically and without limitation the operation of a generator and other power producing apparatus that creates either noise or smoke, excepting and unless the Vendor has obtained prior approval for said use from the Glynn County Parks and Recreation Director (hereinafter the "Director") or other individual designated by the Glynn County Board of Commissioners. The Director is authorized to rescind any prior approval granted under this paragraph for any reason and at any time. A decision by the Director shall be effective immediately and shall cause the cessation of the activity prohibited. Vendor may appeal the Director's decision directly to the Glynn County Board of Commissioners; however, the Director's decision, either to grant the use or to rescind the use once permission has been granted, is in full effect whether or not Vendor appeals, and until the Board of Commissioners has made a final determination. 7. Vendor shall use the designated area for the purposes set forth herein and for no other purposes whatsoever. The designated area shall not be used for any illegal purposes, or in any manner which creates a nuisance. The placing, posting, or affixing to County property any signs or other advertising shall be prohibited. Page 3

5 8. Vendor shall possess a Glynn County business license, food permit, and Georgia Sales Tax Reporting Number. Vendor shall furnish a list of items to be sold and type of vending facility to be operated. 9. Vendor agrees to pay the County a nonrefundable fee in the amount of $ for a non-exclusive franchise to operate one concession stand from Memorial Day through Labor Day at the Park in the year of 20. The fee is valid for one season only and shall not be carried over to the season of the following year. 10. County agrees to provide designated areas in the Park which include spaces that are approximately eight feet by fifteen feet and available to Vendors on a first come first served basis. Each Vendor shall place its franchise permit in plain view of the public. 11. Vendor agrees to maintain five hundred thousand dollars ($500,000.00) of general comprehensive and standard liability insurance, with the County as an additional named insured, which in any event shall indemnify and hold harmless the County, its officers, employees, and agents, against all liabilities, damages, and other expenses, including reasonable attorneys fees, which may be imposed upon, incurred by, or asserted against the County by reason of any judgments against the County in connection with the negligent or otherwise improper operation of a concession stand. Page 4

6 Excepting only that the Vendor shall not indemnify the County, its officers, employees, and agents against any damages caused by the County's own sole negligence. 12. Modification of this Agreement shall be mutually agreed upon and in writing. 13. County reserves the right to terminate this Agreement and revoke the franchise at any time and for any reason. Upon termination of this Agreement, Vendor agrees to remove its concession stand immediately from County property pursuant hereto. Should Vendor fail to do so, the County may remove same in any way it sees fit without liability for damages caused by such removal. All of County's expenses in such removal, including the storage of property removed, if any, shall be reimbursed by Vendor within thirty (30) days of receiving demand for payment. On the thirty-first (31st) day after said demand, title to all Vendor property in County's possession shall pass to the County free and clear of all liens being the responsibility of the Vendor. County may then use or dispose of the property at its discretion without further claim of Vendor. VENDOR: GLYNN COUNTY BOARD OF COMMISSIONERS: By: By: Its: Its: WITNESS: ATTEST: (SEAL) Page 5

7 AGREEMENT THIS AGREEMENT made and entered into on the day of, 20, by and between GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, party of the first part (hereinafter referred to as the County ), and, party of the second part (hereinafter referred to as the Vendor ). WITNESSETH WHEREAS, the County is the owner of the property know as the Concession at the Coast Guard Bathroom; and WHEREAS, the Glynn County Board of Commissioners has the sole jurisdiction to manage the Concession at the Coast Guard Bathroom (hereinafter referred to as the Pavilion ); and WHEREAS, the County is desirous of making refreshments available to Pavilion and Beach visitors; and WHEREAS, the Vendor is desirous of locating a concession vending stand (hereinafter referred to as concession facility ) at the Pavilion for use by seasonal visitors thereto. NOW THEREFORE, for and in consideration hereinafter fully set out hereby, and the covenants to be performed, the County and the Vendor agree as follows: 1. Vendor shall comply with all rules, regulations, and policies of the County, together with all other applicable local, state and federal laws.

8 2. Vendor shall locate its concession facility within the County designated facility. Vendor is prohibited from locating its activity on the beaches or in the dunes of Saint Simons Island. Vendor shall operate its concession facility between the hours 11:00 a.m. and 4:00 p.m., seven days per week, from Memorial Day through Labor Day. In addition, Vendor is permitted to operate its concession facility during those same hours during the periods of May 1 st through Memorial Day and Labor Day through September 30 th. The County will not provide or allow overnight parking facilities for any concession facility. 3. Vendor shall operate a concession facility at its own expense. The County will provide access to counter space, heat and air conditioning, water, electricity, ice machine, and/or refrigeration for the operation of the concession facility. The County will incur no charges, fees, or exactions, for the security of the concession facility, nor for any local, state or federal fees or taxes assessed against the Vendor for operation of the concession facility in the designed area. The County shall not be responsible for damage of theft to any Vendor property. Vendor shall, throughout the initial term of this Agreement and all renewals thereof, at its expense, maintain the premises in good order and repair. Vendor agrees to return premises to County in as good a condition and repair as when first received by Vendor excepting normal wear and tear only. 4. Vendor is responsible for any litter which it introduces to the Pavilion and adjacent areas. Vendor shall not use the premises or any public trash receptacle to

9 dispose of any grease, oil, or similar substance which may cause harm to the environment. 5. Vendor agrees not to sell or make available for public consumption any alcohol or cigarettes. 6. Vendor is prohibited from using a radio, tape player, public address or speaker system, playing music, or otherwise making any noise which tends to annoy the general public, including specifically and without limitation the operation of a generator and other power producing apparatus that creates either noise or smoke, excepting and unless the Vendor has obtained prior approval for said use from the Glynn County Park and Recreation Director (hereinafter the Director ) or other individual designated by the Glynn County Board of Commissioners. The Director is authorized to rescind any prior approval granted under this paragraph for any reason and at any time. A decision by the Director shall be effective immediately and shall cause the cessation of the activity prohibited. Vendor may appeal the Director s decision directly to the Glynn County Board of Commissioners; however, the Director s decision, either to grant the use or to rescind the use once permission has been granted, is in full effect whether or not Vendor appeals, and until the Board of Commissioners have made a final determination. 7. Vendor shall use the designated concession facility for the purposes set forth herein and for no other purposes whatsoever. The designated concession facility shall

10 not be used for any illegal purposes, or in any manner which creates a nuisance. The placing, posting, or affixing any signs or other advertising to County property shall be prohibited. 8. Vendor shall possess a Glynn County business license, food permit, and Georgia Sales Tax Reporting Number. Vendor shall furnish to County a list of items to be sold. 9. Vendor agrees to pay the County a non-refundable fee in the sum of for a non-exclusive franchise to operate one concession facility at the Concession at the Coast Guard Bathroom in the year of 20. The fee is valid for one season only and shall not be carried over to the season of the following year. 10. Vendor shall have the option to renew this Agreement for three (3) additional one year periods. This option may be exercised by Vendor only by a written document stating the intent to exercise this option together with the fee payment delivered to County not more than ninety (90) days and not less than thirty (30) days before the end of the original term of this Lease. For such renewal to become effective, County must first consent to the renewal. Said renewal or extension shall be upon the same covenants, provisions, terms, conditions, and stipulations as herein set forth, provided, however that County reserves the right to renegotiate the fee for the non-exclusive franchise granted herein. 11. County agrees to provide the designated concession facility in the Concession at

11 the Coast Guard Bathroom and available to Vendors on a first come first served basis. Each Vendor shall place its franchise permit in plain view of the public. 12. Vendor agrees to maintain five hundred thousand dollars ($500,000.00) of general comprehensive and standard liability insurance, with the County as an additional named insured, which in any event shall indemnify and hold harmless the County, its officers, employees, and agents, against all liabilities, damages, and other expenses, including reasonable attorneys fees, which may be imposed upon, incurred by, or asserted against the County by reason of any judgments against the County in connection with the negligent or otherwise improper operation of a concession facility. Excepting only that the Vendor shall not indemnify the County, its officers, employees, and agents against any damages caused by the County s own sole negligence. 13. Modifications of this Agreement shall be mutually agreed upon and in writing. 14. County reserves the right to terminate this Agreement and revoke the franchise at any time and for any reason. Upon termination of this Agreement, Vendor agrees to immediately remove its property located in the concession facility from County property pursuant hereto. Should Vendor fail to do so, the County may remove same in any way it sees fit without liability for damages caused by such removal. All of County s expenses in such removal, including the storage of property removed, if any, shall be reimbursed by Vendor within thirty (30) days of receiving demand for payment. On the thirty-first (31st) day after said demand, title to all Vendor property in County s

12 possession shall pass to the County. County may then use or dispose of the property at its discretion without further claim of Vendor. VENDOR: By: Its: ATTEST: GLYNN COUNTY BOARD OF COMMISSIONERS By: Its: ATTEST: Cindee Overstreet, County Clerk