Loading...
HomeMy WebLinkAboutAdmin Order 53-82-01 CIlX FILE NO. 53-~"2-o l ' CITY OF EUGENE GENERAL SPECIFICATIONS MALL CONCESSIONS 1. GENERAL The City of Eugene will accept proposals for concession services in the form of mall pushcarts vending food and non-alcoholic beverages and such other items as may be approved by the Parks and Recreation Department, according . to the specifications listed below. Concessionaire may take exception to any area of the listed requirements and need not consider himself disqualified for doing so, but should clearly list those exceptions on a separate sheet of paper titled: "Exceptions." Particular emphasis will be placed on the uniqueness of the product to be vended, and, all other things being equal, this will be the prominent factor in making the award decisions. 2. SUBMITTING PROPOSALS All proposals shall be addressed: City of Eugene, Purchasing Division, Room 260, 777 High Street, Eugene OR 97401. The proposal shall be received by the Pur- chasing Division no later than 1:30 p.m." Thursday, January 28, 1982. 3. RESERVATIONS TO THE CITY The City of Eugene reserves the right to reject or accept any or all proposals, waive any formalities of the proposals, or to change any of the specifications or requirements and accept the proposal deemed to be in the best interest of the City. 4. AGREEMENT NOT TRANSFERRABLE Once an aqreement has been entered into by the concessionaire and the City of Eugene, the agreement shall not be transferrable to another contractor or sub- contractor without full and written consent of the City of Eugene. The original concessionaire's responsibility for the performance of the agreement shall remain even if the City should agree to the assignment of a subcontractor. 5. LOCATION The concession shall be located on the Eugene Mall within the area prescribed by the Parks and Recreation Department. Reasonable consideration shall be given to proximity of other pushcarts and businesses. Locations will be drawn or assigned each year. Concessionaire shall be given a map illustrating his/her location at the commencement of a contract. GENERAL SPECIFICATIONS MALL CONCESSIONS Page 2 6. TERM OF AGREEMENT Concession term shall commence approximately March 1, 1982, and continue through September 30, 1982. Contract term shall commence on Concessionaire's proposed starting date and contlnue through Concessionaire's proposed ending date, subject to approval by the Parks Department. Concessionaire shall notify the Parks Department, in writing, of any changes in the starting or ending dates from those specified in the contract. 7. HOURS Concession is expected to operate a minimum of five hours a day, five days a week, with a recommendation that one of the days be Saturday. 8. PRODUCTS VENDED Concessionaire may propose to vend: a) consumables--a maximum of two pre-packaged or prepared food items, and a maximum of two beverages, and assorted fruits or produce. b) floral items including cut flowers, arrangements, and-seasonal goods; c) periodicals appropriate for general audiences; d) seasonal/special activity items. Additional items may be proposed and will be considered by the Parks and Recreation Department. Each concession cart shall be unique in the products featured to avoid duplication and to ensure a variety of items available on the mall. Proposals shall include a complete list of products to be vended and their prices. 9. LIMITATIONS Sales shall be limited to those items proposed by the concessionaire and approved by the Parks Department. No changes will be permitted without prior approval of the Parks Department. 10. QUALITY OF CONCESSION ITEMS AND SERVICE Concessionaire shall maintain a level of quality in both food products and service commensurate with that expected of any commercial business establishment, and shall maintain sufficient quantity and selection to provide a satisfactory level of service. GENERAL SPECIFICATIONS MALL CONCESSIONS Page 3 11. HEALTH STANDARDS Concession shall conform to all City, County, or other pertinent health qualifi- cations and inspections. Contact the Lane County Environmental Health Division in the Lane County Courthouse, 125 East 8th Avenue, Eugene, Oregon, for informa- tion on health qualifications and requirements. 12. SIZE OF PUSHCART Maximum dimensions of cart shall be three (3) feet in width by seven (7) feet in length by eight (8) feet in height with an awning or canopy which covers an area no greater than twenty-five (25) square feet. A drawing of the cart shall be submitted with the proposal. Pushcart plans should be drawn in a scaled draftsmanlike manner and shall be fully detailed. Show structural integrity of the vehicle with special attention to overturning and rolling resistance with a wind load of 15 pounds per square foot applied horizontally and 18.75 pounds per square foot uplift. Engineering assistance is recommended. Mechanical and electrical equipment such as propane or butane heaters and electrical heaters and lights must be installed in accordance with adopted mechanical and electrical codes. Electrical appliances and equipment must be of a type approved for use in exterior locations with shielding and grounding appropriate for such use. All pushcarts are subject to approval of the Superintendent of Building Inspec- tion or his designee. 13. PORTABILITY OF CART "Pushcart" means a wheeled vehicle of such size and weight that i't may be easily moved by no more than two people. The cart is used to serve only one kind of readily perishable food whether or not non-perishable foods or beverages are also served. Vehicles delivering cart to downtown may not enter mall pedestrian area without first obtaining a vehicle access permit from the Parks and Recreation Department. Cart must be removed from the mall each evening. Failure to remove cart at night could result in City having cart towed at Concessionaire's expense. 14. NUMBER OF CARTS Parks Department will have discretion as to the number and types of pushcarts to be approved annually. Approximately ten (10) carts will be granted permission to operate on the mall during the 1982 season. Individual Concessionaires may propose to operate more than one cart, with different products and beverages; however, priority will be given to as many different Concessionaires (individuals) as possible. GENERAL SPECIFICATIONS MALL CONCESSIONS Page 4 15. SOUND AMPLIFICATION AND SIGNS No amplification of ~ound shall be permitted by the pushcarts. All pushcarts must have an identification sign which must be contained within the dimensions specified in item 12. 16. INSTALLATION Concessionaire shall assume all costs associated with the construction, trans- porting, operation, and maintenance of the cart. 17. LITTER CLEANUP Concessionaire shall be expected to keep the area around the concession clean and free of litter generated by the stand. 18. PERMITS Concessionaire shall obtain and display as required all necessary permits or licenses including, but not limited to, food handler's permit, vehicle license, and business license, all at concessionaire's own expense. 19. BUSINESS LICENSE All Concessionaires who are awarded contracts must obtain a business license and must brin9 a copy of that registration to the Purchasing bivision Office at the time the contract is signed. Pushcart operation may not commence until such proof has been received. Information on business license applications is available at the City of Eugene Finance Department, Room 101, City Hall, or by calling 687-5044. 20. COMPLIANCE WITH LAWS Concessionaire shall comply with all Federal, State~ and local laws in the performance of this agreement. 21. STANDARD CONTRACT PROVISIONS City of Eugene standard contract provisions, as attached, shall become an integral part of this agreement. GENERAL SPECIFICATIONS MALL CONCESSIONS Page 5 22. CONCESSIONAIRE INDEPENDENCE The concessionaire is an independent contractor, free of the direction and contro 1 of the City. and is not an employee or agent of the City. 23. CONCESSIONAIRE INDEMNITY Contractor agrees to indemnify City, its agents, and employees, from any and all liability, of any kind or nature whatsoever, that may arise from his performance under this agreement. In the event any suit, action, or other proceeding is filed wherein City, its agents, or employees are joined, concessionaire agrees to hold City, its agents, or employees harmless from any liability whatsoever that may be' found, and to defend City, its agents, and employees, all at con- cessionaire's own cost and expense. Concessionaire agrees to procure and there- after maintain during the course of the agreement, at concessionaires's. expense, a public liability and property damage insurance policy from a responsible company, naming City, its agents, and employees, as co~insureds. Limits of the policy shall be not less than $100,000 for injury to one person, $300,000 for injury to two or more persons in one occurrence, and $50,000 for damage to property. The insurance purchased shall cover all risks arising directly or indirectly out of concessionaire's performance under this agreement, and shall protect City, its agents, and employees against- any such claims of any kind or nature whatsoever. Concessionaire shall provide a certificate of coverage for the above requirements, and in addition, shall provide a certificate of coverage for Workers' Compensation if concessionaire is now or becomes, during the course of this agreement, an employer. 24. LEGAL COST Concessionaire shall pay any attorney's fees and court costs incurred by the City for the purpose of enforcing the terms of this agreement. 25. COMPENSATION Rental Rates shall be the greater of $50 per month or six percent (6%) of gross sales per month per pushcart except that during the summer season, June 1 through September 30, the fee shall be the greater of $100 per month or six percent (6%) of gross sales per month per pushcart. Electrical Rates shall be an additional surcharge of $20 per month per pushcart for those pushcarts requiring electricity. GENERAL SPECIFICATIONS MALL CONCESSIONS Page 6 Each Concessionaire shall pay the first and last month's rent, per cart, prior to starting their operation. The first and last month's minimum rent will be based on the starting and ending dates listed in the contract. The rent must be brought to the Purchasing Division Office at the time the contract is signed. The amount is non-refundable if the Concessionaire chooses to operate less than two months. The Concessionaire will be billed by the City of Eugene Finance Department approximately the 20th of each month. That billing will include the minimum charges due for the upcoming month plus any monies due from the previous month for sales in excess of minimum rental. Rent is payable in advance by the 10th of each month and must be accompanied by a signed statement detailing gross sales. The fo~m will be provided with your monthly billing. Failure to maintain and submit accurate sales records, and to make payments when due, may re~ult in cancellation of the pushcart contract. 26. RECORDS Concessionaire shall maintain complete, detailed, and accurate records of all business transactions and shall make those records available to the City for audit upon request. JH:ss/FD7a29 The Director of the Department of Parks and Recreation hereby declares that the foregoing Rules are necessary for the preservation of the welfare and safety of the citizens of the City of Eugene and therefore, an emergency is hereby declared to exist, and these rules shall be effective on and after the date hereof. ~6;- J)r4(1~tL Director, City of Eugene Parks & Recreation Department Adopted thi 5 L day of j()'V\'Jo.("y , 1982.