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Concessions Policy – Phase 1 (Billings Parks, Recreation and Public Lands Department) 8-4-03 1 FINAL DRAFT City of Billings Parks, Recreation and Public Lands Department CONCESSIONS POLICY SECTION 1 – MUNICIPAL SWIMMING POOLS All three swimming pools (Rose, Athletic and South Park) may be bid individually or in combination with each other, with the contract being awarded to the vendor that provides the proposal that is in the best interest of the City of Billings. The shall review pricing and product sales to ensure appropriate concessions are being offered. Any vendor considering a capital investment to a facility will be considered for a multi-year contract. SECTION 2 – COMMUNITY PARKS Concessionaires interested in selling concessions in community parks will be required to apply for a concessions permit specific to each park (SPECIAL EVENTS, YOUTH AND ADULT SPORTS ORGANIZATIONS ARE EXCLUDED). The awarded contract will be for a term of one season (6 months) and the will have the right to review the location where the vendor will be selling, the price being charged and the product being sold to ensure that the appropriate concessions are being sold. Products being sold must complement the needs of park users. The reserves the right to allow more than one vendor per park and to limit the number of concessionaires at a facility. NOTE: Permitted concessionaires will not be allowed to sell their concessions at special events, used as fund-raisers for non-profit organizations, unless authorized to do so by the event organizers. (Examples: Saturday Live and in Pioneer Park; Mexican Fiesta at South Park; Big Sky State Games, etc.) PARK FOR PROFIT COMMUNITY ORGANIZATION NON-PROFIT Pioneer $1000 $750 $500 Riverfront $1000 $750 $500 Rose $750 $500 $375 North $500 $375 $250 South $500 $375 $250 Castle Rock $500 $375 $250 * Stewart $500 $375 $250 Bike Trails $500 $375 $250 Swords $500 $375 $250 Coulson $500 $375 $250 Hawthorne $250 $150 $100 Veterans $250 $150 $100 Terry $250 $150 $100 • * In areas of the park not associated with Slow-Pitch (BSSA), Pirtz Field (American Legion Baseball), Little League (Central Giants), Little Guy Football or Batting Cages. • Non-Profit organizations must provide 501 3 documentation. • All applications for permits must be received at least fifteen (15) calendar days before the start of the event. A damage deposit of $500 is required. The damage deposit or a pro-rata share will be refunded after the event if no damage occurred. ---PAGE BREAK--- Concessions Policy – Phase 1 (Billings Parks, Recreation and Public Lands Department) 8-4-03 2 FINAL DRAFT SECTION 3 – SALES OF SERVICE AND SPORTS CAMPS Parties interested in selling a service or organizing a sports camp or instructional clinic in a city park are required to obtain a Sale of Service Permit to make available, to the general public, their service, clinic, or camp. All permits must be received at least 15 calendar days before the start of the event. A refundable damage deposit of $500/event is required. The cost for the concession SALE OF SERVICE CONCESSION PERMIT - • $100 per day / park (For Profit Business). • $50 per day / park (Non-profit Organizations). • Non-Profit organizations must provide 501 3 documentation. SECTION 4 – EXCLUSIVE SOFT DRINK VENDOR – See Request for Proposal Form (DRAFT) CONCLUSION This Policy is subject to review each year. Request for concessions not specifically addressed in this Policy must meet the criteria used to develop and form this policy: to address, in part, explore and bring to the City Council full range of options to foster public / private partnerships for development of City projects, maintain and improve our community infrastructure, add to and focus Parks, Recreation and Public Lands resources to improve infrastructure condition and service availability, provide a more enjoyable park and recreation experience by the availability of concessions, and finally to provide a source of revenue to meet the demands of increased expectations on our park and recreation system. Additionally, this policy is intended to set standard rules and regulations for vendors and vending opportunities for city parks and facilities managed by the to ensure that prospective and current vendors are treated consistently. This policy will also allow us to regulate what products are sold in our city parks, what prices are charged and when and where concession sales can occur throughout our extensive parks and recreation system. Requests not meeting these criteria will be denied. PROCEEDS Proceeds from the Concessions Policy will be used for parks and recreation improvements. The Parks, Recreation and Cemetery Board recommended and approved (12-11-02) that proceeds stay in the Parks, Recreation and Public Lands Department for parks and recreation improvements, maintenance, operations, and future development. ENFORCEMENT Approve Concessions Policy as City Ordinance to enhance ability to enforce policy. ---PAGE BREAK--- CITY OF BILLINGS PARKS AND RECREATION CONCESSIONS PERMIT (Read stipulations and conditions of the concessions permit before completing this form.) Today's Date: Name: Organization: Address: Phone: Days Evenings 2nd Contact Person Phone Past experience with concession operation or similar business: Type of concession stand to be used (photo or drawing): Items to be sold (please specify): Electrical equipment to be used: (Note: Electricity is NOT available or adequate at most Park sites.) Special requirements: Concession location preference: (park) Specific location in park: Date(s) of operation: Time of operation: Concessionaires plan of action to reduce impact of garbage and trash collection in park: ---PAGE BREAK--- City of Billings Parks and Recreation Facilities Concessions Permit: Please keep a copy of this signed permit with you at your site at all times. Please print or type: Complete with Parks and Recreation staff. Name of Concession: Type of Concession: Site: Deposit Fee: Date Due: Date Paid: Electricity: (Add $10 per month or $2 per day) Fees Due: Date(s) Due: Fees Paid: Amount: Date: Please attach the following documents: _____Written approval from County Health. Permit _____City business license or Non-profit _____Copy of general/professional liability insurance for food service. A minimum of $750,000/claim and $1,500,000/occurrence Insurance _____Workers Compensation Other: Valid Valid dates & times: SIGNATURES I have read and understand the Conditions of the Concessions Permit. I will abide by the guidelines of the agreement, follow State and Local requirements, meet fee requirements, and provide quality service to park patrons. Approved Concessionaire: Date: Parks and Recreation Staff: Date: Denied (reason) ---PAGE BREAK--- CITY OF BILLINGS PARKS, RECREATION AND PUBLIC LANDS DEPARTMENT CONDITIONS OF THE CONCESSIONS PERMIT 1) The concessionaire is responsible and required to obtain all licenses and permits required by Federal, State, County and Municipal Government. A copy of your license, approval from the County Health Department and your Workman’s Compensation I.D. is required before issuance of a concessions permit. 2) The concessionaire is responsible for carrying an insurance policy that will cover liability of his/her concession operation while conducting business. Minimum amounts include $750,000/claim and $1,500,000/occurrence. The City of Billings must be listed as an additional insured. 3) The Parks, Recreation and Public Lands Department will provide water when and where available for your concession/catering operation. Electricity is available at some sites for $10/month or $2/day. The concessionaire must provide his or her own electrical cords, water hoses, etc. The PRPL Department is not responsible for losses due to electrical or water failure. Electrical and water usage shall not interfere with our normal park use, shelter reservation or other pre-arranged activity. 4) The concessionaire is responsible for picking up garbage generated from their concession and is required to follow their proposed plan of action, which is stated on their permit. 5) Any temporary or permanent improvement or building must have prior approval of the PRPL Director. Any permanent improvement or building will become property of the City of Billings upon termination of the concession contract. The Director may grant fee waivers for permanent improvements made to a facility. Prior arrangements and documentation supporting the amount spent for improvements would be required for any possible fee waivers. 6) The concessionaire will be responsible for any and all damages that occur to Parks and Recreation facilities due to concessionaire negligence or willful action. 7) The PRPL Department shall have the right to request the removal of any concession personnel that the Department feels is not acting in the best interest of the general public. 8) The concessionaire shall pay a damage/security deposit of $500 at the time the agreement and permit is signed. This fee will be returned at the end of the year or event if all requirements of the contract are met. If the damage deposit is used, the balance over or under $500 must be paid to the city in order to continue operation. The damage deposit must be available for repair of damages at all times. The City of Billings will deposit the check and will issue a refund upon satisfactory compliance. 9) The PRPL Department reserves the right to allow more that one, and limit the number of concessionaires at a facility. ---PAGE BREAK--- 10) Permitted concessionaires will not be allowed to sell their concessions at special events, used as fund-raisers for non-profit organizations, unless authorized to do so by the event organizers. (Examples: Saturday Live and in the Park at Pioneer; Mexican Fiesta at South Park; Big Sky State Games, etc.) 11) Additional advertising in the park or other means of drawing attention to operation is not allowed. Examples would be additional signage, music, or solicitation using pamphlets. 12) Concessions must be managed in a professional manner. PENALTIES The Billings Parks, Recreation and Public Lands Department will present written notification of any problems or regulations that are not being met. The concessionaire will have one week to make the necessary changes to their concessions operations. If the changes are not made, the Billings Parks and Recreation Department shall reserve the right to: 1. Keep the deposit and require another deposit to continue operation of the concession. Or 2. Give written notification that the permit will be terminated within fourteen (14) days and concessionaire to pay for any damages. Any appeals must be made in writing and directed to the Parks, Recreation and Public Lands Director. ENFORCEMENT Individuals, groups or organizations managing concessions in City Parks, selling or issuing alcohol, using facilities without proper agreements, breaking Park policies regarding use of any facilities may be ticketed by police and may be assessed a fine per city ordinance, plus pay the appropriate fees. Additional occurrences or the inability to pay a rental or permit fee will result in forfeiture of use of any Park facility. ---PAGE BREAK--- SALE OF SERVICE AGREEMENT CITY OF BILLINGS DEPARTMENT OF PARKS, RECREATION AND PUBLIC LANDS 390 NORTH 23RD. STREET, BILLINGS, MONTANA 59103 (406) 657-8371 FAX (406) 247-8641 Use Permit # Fee Paid by Insurance Rec’d. Office Use Only In consideration of the covenants herein expressed, the Billings Parks, Recreation and Public Lands Department herein called the “City”, does hereby grant permission to: (Name of Organization) This Sale of Service Permit is granted upon the following terms and conditions: 1. The User shall have the use of the following described facilities: O’clock to O’clock to O’clock to O’clock to O’clock to O’clock to O’clock to O’clock O’clock O’clock O’clock O’clock O’clock O’clock MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Name of Park: Area, Facility or Field From To , 20 For the sole purpose of: 2. Considerations to the City from the User are as follows: User has deposited with the City at the time of signing this Sale of Service Permit, the sum of certified check or bank cashier’s check payable to the City of Billings, receipt of which is hereby acknowledged, and also agrees that all payments due under this Sale of Serive Permit shall be made five days prior to the starting date of this agreement. cash, 3. Time shall be the essence of this agreement, and the time granted shall not be extended or the occupancy or use of the premises or for the installation or removal of equipment without the written permission of the City. 4. User agrees to comply with all laws, procedures and policies of the City, the State of Montana and the United States, applicable to the use of said described facilities. 5. User agrees that it will not conduct activities in which flames, flammable or hazardous materials are involved without the prior approval of the City Fire Department and the Department of Parks, Recreation and Public Lands. 6. User agrees that no advertising or sales promotional materials shall be posted or distributed in or about said described facilities or announced or publicized over any loud speaker system without first having obtained the permission of the City. 7. User is allowed to sell candy, pop and ice cream for the benefit of the organization under the terms of this agreement. User agrees that cars, trucks or trailers hauling concessions shall be parked at the curb or in parking lots. No merchandise or equipment used to sell concessions can be stored in the park. Groups selling concessions will be responsible for the clean-up of litter and debris from concession sales. Failure to comply may result in termination of the agreement by the City. ---PAGE BREAK--- 8. User agrees that repeated failure to use the facility during the days and times scheduled shall result in rescheduling by the City to achieve an optimum level of use. 9. User shall not injure, mar or in any way deface or alter said premises and shall not cause or permit anything to be done whereby said premises shall be in any manner injured, marred, defaced, or altered without prior permission from the City. 10.User agrees that it will not use City equipment, tools or furnishings, located in or about described facilities, without first seeking and receiving the approval of the City. 11. User agrees to perform any special maintenance or repairs incidental to their particular activity or use. 12. User understands and agrees that during the term of this Sale of Service Permit other events may be held in other parts of the described facilities not included in this Sale of Service Permit, and User shall so conduct its activities so as not to interfere with such other events. 13. User hereby indemnifies and holds the City harmless of and free from any and all loss, damage or injury to any person or persons whomsoever, or property, arising from any cause or for any reason whatsoever in or about the described facilities; and the User further agrees to waive all claims against the City on account of any loss, damage or injury from whatever cause which may occur to it and its property in the use and occupancy of said described premises, the giving of this waiver being one of the considerations upon which this Sale of Service Permit is granted. 14. User agrees to furnish to the City of Billings a which shall state that no coverage shall be amended, altered, canceled, or reduced without giving at least ten (10) days written notice, by the insurance company, to the insured and the City of Billings. Said Certificate of Insurance with the City a minimum of fifteen (15) days prior to the starting date of this agreement, and this agreement shall not be approved, signed or put into effect until the Certificate of Insurance has been received. 15. The undersigned, either as an individual or on behalf of a group or organization, hereby agrees that this permit shall not be used in any manner that would discriminate against any person or persons on the basis of sex, marital status, age, physical or mental handicap, race, creed, religion, color, or national origin. 16. User shall not assign or transfer this Sale of Service Permit or sublet any portion thereof without the written consent From the City. 17. User agrees that the City and/or its designated representatives may enter upon the used facilities as herein before described at all reasonable times to make inspection in conformity with this Sale of Service Permit. 18. Park restrooms open approximately May 15th and close approximately October 1st each season. Users which start before restrooms open or continue after they close for the year must provide portable toilet facilities at their expense for use by their participants. No portable toilet shall be placed within 50 feet of any structure or building. CERTIFICATE OF INSURANCE The limits of liability coverage for the period of this agreement shall be a minimum of $750,000/$1,500,000 and . the City of Billings shall be named on the Certificate of Insurance as an additional party insured must be filed AN D PU B L IC L A N DS PA R K S, R EC R EAT I ON The foregoing grant of Use accepted, agreed to and approved on the conditions and terms stated herein above. CITY OF BILLINGS DEPARTMENT OF PARKS, RECREATION & PUBLIC LANDS APPROVAL BY: PRPL Director The parties have hereunto executed this document , 20 USER: By: Name Title Address Zip Home Phone Business Phone E-Mail Cellular (Name of Organization) (Signature) (Printed) Rev. 2/01 CD8