SOLICITATION QUOTATION PROFESSIONAL SERVICES

Transcription

1 Page 1 PROPOSAL FORM L. BROOKS PATTERSON - OAKLAND COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION SOLICITATION QUOTATION PROFESSIONAL SERVICES Contact Information: Oakland County Purchasing Division Building 41 West Lower Level 2100 Pontiac Lake Road Waterford, MI Buyer: Scott Guzzy, CPPO, MBA Phone: Fax: guzzys@oakgov.com Solicitation Event ID: Response Due: at 3:00 PM Event Title: OC Parks Concession Services Category Codes: 95844, 96138,98940, The Oakland County Purchasing Division is issuing a Request for Proposal (RFP) seeking bidders to perform services as detailed in Attachment (B). Index: Proposal Form (This Form) Attachment (A) Mailing Label Attachment (B) Solicitation Specifications Oakland County Professional Services Contract Boilerplate (for information purposes only) can be viewed on the Oakland County Purchasing website General Submission Information: This solicitation event can be accessed at the Michigan Inter-governmental Trade Network (MITN) website: It s the bidder s responsibility to insure that responses are received in the Purchasing Division prior to the date and time specified. Purchasing Division s address, due date and time are listed on the first page of the proposal form. The responsibility rests entirely with the bidder, notwithstanding delays resulting from postal handling or for any other reasons. No late or misdelivered bids will be accepted. The official time clock shall be the date/time stamp machine located at the Purchasing Division main office located at the address listed above. Bid responses may be faxed, ed or delivered through courier services unless otherwise stated in the solicitation specifications. o Fax bid solicitation responses to: o bid solicitation responses to: purchasing@oakgov.com Subject line should state: Oakland County Solicitation Event o Deliver bid responses to: Oakland County Purchasing Division Building 41 West Lower Level 2100 Pontiac Lake Road Waterford, MI REV 2010/03/ Solicitation.doc

2 Page 2 o Bid responses through courier services shall be accepted at the Oakland County Purchasing Division any time during the normal course of business only; said hours being 8:30 A.M. to 5:00 P.M. Eastern Time, Monday through Fridays, excluding legal holidays. All questions regarding this solicitation should be submitted in writing or (preferred) to the buyer listed on page one of the proposal form. Subject line must include the solicitation event number listed on page one of the proposal form. Submissions: This proposal form must be signed by a person authorized to bind and commit the company to provide such goods and /or services offered to the County should their bid be accepted by the County. The bidder acknowledges that the County is a public entity and therefore is subject to public disclosure laws. Modifications: Prior to opening the solicitations, clarifications, modifications, or amendments may be made to the solicitation at the discretion of Oakland County Purchasing Division. Should any such changes be made, an addendum will be issued and posted on the Michigan Inter-governmental Trade Network (MITN) website. It s the responsibility of the bidder to check the website for addendums. Contract Requirement: A copy of the County s Professional Services Contract boilerplate can be viewed on the Oakland County Purchasing website Bidders are encouraged to review the contract boilerplate with the proposed terms and conditions. Review the insurance requirements in PARAGRAPH 6.2. and Exhibit I Contractor Insurance Requirements, Lines 1a, 1b, 1c and 1d. The successful bidder will be required to comply with same. Awarded bidder shall provide required insurance documentation upon notice of award. Specifications: Specification response requirements must be submitted with signed proposal form. Failure to include in the response all information outlined in this RFP may be cause for rejection of the response. Alternatives to Specifications: Bidders may offer alternatives from the expressed specifications described by the County. The County reserves the right to consider and accept or reject such alternatives. Alternatives must clearly describe all variances from the specifications herein. Provide product literature, specification sheets and drawings with bid if providing an alternate. Withdrawal: Responses may be withdrawn by writing or electronic notice provided such notice is received by the Purchasing Division prior to the time set for the opening of the responses. Award Information: Organizations may be requested to submit a completed, signed Federal W-9 form prior to an award of a contract or purchase order. Awarded bidder shall provide required insurance documentation upon notice of award. REV 2010/03/ Solicitation.doc

3 Terms and Conditions: Page 3 No late or misdelivered proposals will be accepted. The official time clock shall be the date/time stamp machine located at the Purchasing Division main office located at the address listed above. The Respondent shall be responsible for all costs incurred in the development and submission of this response. Oakland County assumes no contractual obligation as a result of the issuance of this RFP, the preparation or submission of a response by a Respondent, the evaluation of an accepted response, or the selection of finalists. Oakland County shall not be contractually bound until Oakland County and the successful Respondent have executed a written contract for performance of the work. Submission is a conclusive presumption that the bidder is familiar with the RFP, Contractual Requirements, and Specifications and that the bidder understands and agrees to abide by each and all of the stipulations and requirements contained herein. Any exceptions to the stipulations should be submitted separately. Each response should be prepared simply and economically, providing a straightforward concise description of the proponent s approach and ability to meet the County s needs, as stated in this RFP. All prices shall be quoted in U.S. dollars. Unless Respondents specifically note otherwise, any and all quoted prices will be firm. If the vendor s consumer pricing is reduced during the term of the contract, the lower price will apply. In case of error in the extension of prices in the response, the unit prices shall govern. The County of Oakland reserves the right to reject any or all solicitation responses, awarding the solicitation to other than the lowest priced solicitation response and to waive any irregularities and /or formalities. Also to accept any solicitation response which, in its judgment, best serves the County s interest. The County of Oakland reserves the right to request any additional information which might be deemed necessary after the submission of this document to bidder, and after responses from bidder have been received by the County. The County of Oakland reserves the right to conduct interviews, reference checks, and any other due diligence deemed necessary to select the successful bidder. The County of Oakland reserves the right to split or abstract any or all bids and award multiple contracts from the same solicitation based on price, availability, and services when in its judgment best serves the County. All work shall be performed in a professional manner and shall be consistent with the practices of the trade. The Contractor shall be responsible for any permits and inspections. All labor and materials shall be in accordance with applicable building, safety, and fire codes. Shipping terms are to be F.O.B Destination unless otherwise stated in the solicitation specifications. REV 2010/03/ Solicitation.doc

4 Page 4 E-Verify Prior to contract award all County Contractors are required to comply in accordance with Miscellaneous Resolution No (BOC Minutes, July 30, 2009, pp 37-38), unless otherwise exempted, all service contractors and/or vendors who wish to contract with the County to provide services must first certify they have registered with, will participate in, and continue utilize, once registered, the E-Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the contractors and/or vendors. Breach of this term or conditions is considered a material breach of a contract. Contractor s/vendor s submitting bid responses agree that the contractor/vendor will registered with, and will participate in, and will continue utilize once registered and throughout the term of a contract, if one is offered, the E-Verify Program (or any successor program implemented by the federal government or its departments or agencies) to verify the work authorization status of all newly hired employees employed by the contractors and/or vendors. Pursuant to Michigan law, (the Iran Economic Sanctions Act, 2012 PA 517, MCL et seq.), before accepting any bid or proposal, or entering into any contract for goods or services with any prospective Vendor, the Vendor must first certify that it is not an IRAN LINKED BUSINESS, as defined by law. All County Contractors are required to comply with all Federal, State, or Local laws. The County reserves the right to cancel the contract for services if the contractor has not done so. Failure to comply with all Federal, State, or Local laws either currently or historically is a consideration in the bid evaluation process as well. Such compliance shall include, but not be limited to, non-discrimination against any employee or applicant for employment because of sex, race, religion, color, national origin, or handicap in violation of State and Federal law; prohibition of use of any copyrighted software contrary to the provisions of any applicable Software license agreement or State or Federal law; compliance with all applicable grant requirements if any part of a Contract is supported or paid for with any State or Federal funds granted to the County; compliance with the Immigration Reform and Control Act (IRCA) and I-9 employment verification requirements. Any and all future Federal, State, or Local laws must also be complied with while the contractor is providing services/products to the County. Vendors that have been found guilty or held civilly liable for violation of any federal or state law, or have been barred and/or declared ineligible from consideration in receiving any federal, state or municipal contract, must provide information as part of their proposal on all such violations / barrings / ineligibilities. Pursuant to Act 167 of the Public Acts or 1933, the County of Oakland, A Michigan Constitutional Corporation, is exempt from the sales tax provisions of this Act. In addition, the Michigan Department of Treasury has promulgated General and Specific Sales and Use Tax Rules which provide that the County of Oakland is not required to have a sales tax exemption number. (R205.79; Rule 29) For reporting purposes County of Oakland I.D. # W. REV 2010/03/ Solicitation.doc

5 Page 5 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURCHASING DIVISION EXHIBIT I CONTRACTOR INSURANCE REQUIREMENTS The Contractor shall provide and maintain, at their own expense, all insurance as set forth below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. 1. Commercial General Liability Occurrence Form including: a) Premises and Operations; b) Products and Completed Operations (including On and Off Premises Coverage); c) Personal and Advertising Injury d) Broad Form Property Damage e) Independent Contractors; f) Broad Form Contractual including coverage for obligations assumed in this contract; $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury $1,000,000 Products & Completed Operations Aggregate Limit $2,000,000 General Aggregate Limit $ 500,000 Fire Damage Limit (Any One Fire) 2. Workers Compensation insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 3. Commercial Automobile Liability insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. 4. Commercial Umbrella/Excess Liability insurance with a minimum limit of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. 5. Liquor Liability insurance with a limit of $1,000,000 each occurrence. 6. Commercial Property insurance. The Contractor shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. 7. General Insurance Conditions: The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. a. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; b. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation, premiums, deductibles, or assessments under any form; REV 2010/03/ Solicitation.doc

6 Page 6 c. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Contractor; d. All policies, with the exception of Workers Compensation, shall be endorsed to name the County as additional insured; e. All policies shall be endorsed to provide a written waiver of subrogation in favor of County; f. The Contractor shall require their contractors, or sub-contractors not protected under the Contractors insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; g. Certificates of insurance must be provided no less than ten (10) working days prior to commencement of contract and must bear evidence of all required terms, conditions and endorsements; and h. All insurance carriers must be licensed and approved to do business in the State of Michigan and shall have and maintain a minimum A.M. Best s rating of A. REV 2010/03/ Solicitation.doc

7 Page 7 VENDOR CERTIFICATION THAT IT IS NOT AN IRAN LINKED BUSINESS Pursuant to Michigan law, (the Iran Economic Sanctions Act, 2012 PA 517, MCL et seq.), before accepting any bid or proposal, or entering into any contract for goods or services with any prospective Vendor, the Vendor must first certify that it is not an IRAN LINKED BUSINESS, as defined by law. Vendor Legal Name Street Address City State, Zip Corporate I.D. Number / State Taxpayer I.D. # The undersigned, with: 1) full knowledge of all of Vendors business activities, 2) full knowledge of the requirements and possible penalties under the law MCL et seq. and 3) the full and complete authority to make this certification on behalf of the Vendor, by his/her signature below, certifies that: the Vendor is NOT an IRAN LINKED BUSINESS as required by MCL et seq., and as such that Vendor is legally eligible to submit a bid and be considered for a possible contract to supply goods and/or services to the County of Oakland. I have reviewed the terms and conditions and insurance requirements prior to submitting this bid solicitation. Proposal Form (pages 1-6) must be returned signed with your bid response. Signature of Vendor s Authorized Agent: Printed Name of Vendor s Authorized Agent: Witness Signature: Printed Name of Witness: Date REV 2010/03/10 Solicitation Event Number Solicitation.doc

8 ATTACHMENT (A) Page 8 Bid Solicitation Check Sheet: Original plus number of additional hard copies or CDs (As per Solicitation Specifications) Signed Proposal Form (This document pages 1-6) Complete Solicitation Specification Requirements Affix label below to exterior of package if mailing or shipping If you are faxing or ing your bid response fax or this label sheet with your bid response. Fill in your company information below Please cut below dotted line and affix to mailing envelope or package FROM: Company Name: Contact Person: Phone Number: Solicitation Event Title 95844, 96138,98940, Solicitation Event Number Due Date: Time: 3:00 PM E.T. Buyer Initials SNG DELIVER TO: OAKLAND COUNTY PURCHASING DIVISION EXECUTIVE OFFICE BUILDING 41W LOWER LEVEL 2100 PONTIAC LAKE ROAD WATERFORD MI Fill in your company information above Proposal Form (pages 1-6) must be returned signed with your bid response. Affix this label to the exterior of your package. REV 2010/03/ Solicitation.doc

9 Attachment B OAKLAND COUNTY PARKS AND RECREATION Basic Concession Services Sealed REQUEST FOR PROPOSAL Concession Catalpa Oaks Park Concession Waterford Oaks BMX Release Date: July 3, 2013 Site Visit Open House: Due Date: Catalpa Oaks Tuesday, July 9, :00 6:00 pm Waterford Oaks BMX Wednesday, July 10, :00 6:00 pm July 23, :00 PM Page 1 of 16

10 Oakland County Purchasing on behalf of Oakland County Parks and Recreation (OCPR) is issuing a Sealed Request for Proposal (RFP) to interested vendors/non profits for the operation of concessions at two OCPR locations. The proposal responses will be reviewed and evaluated by a Committee and a recommendation will be made to the Oakland County Parks and Recreation Commission for their consideration. The operation of the concessions will be based on the most qualified entity offering the best value. The evaluating committee will review each response and score using the criteria listed in this attachment. Proposers are expected to commit all aspects presented in their response needed to create and maintain a successful operation. Proposers are encouraged to attend the open house listed below if they are interested in bidding: Catalpa Oaks Tuesday, July 9, :00 6:00 pm Waterford Oaks BMX Wednesday, July 10, :00 6:00 pm The County anticipates receiving multiple responses and will consider all options including awarding the all locations to one vendor or awarding to multiple vendors dependent upon the proposals received. Vendors are encouraged to be creative when submitting their proposal. RFP responses must be delivered by July 23, 2013, by 3:00 p.m. to the County of Oakland Purchasing Division located at 2100 Pontiac Lake Road, Waterford, MI Under no circumstances will proposals be accepted after that time. Should you have any questions regarding this matter, please call Scott Guzzy, Chief of Purchasing at RFP General Specifications a. Instructions for Submitting Proposals: The County is requesting one (1) original and three (3) copies for a total of FOUR (4) proposal responses to be submitted as described in the Proposal Form. b. Site Visitations and Discussion: An open house of each facility with question and answer session is scheduled for: Catalpa Oaks Tuesday, July 9, :00 6:00 pm Waterford Oaks BMX Wednesday, July 10, :00 6:00 pm. It is strongly recommended that interested parties attend. Requested Forms All forms shall be completed and submitted with each response copy. Provided forms should not be modified. If additional pricing or information needs to be submitted, use additional sheets. Page 2 of 16

11 Forms provided a. Pricing Proposal Form b. Service Threshold Proposal Form c. Statement of Proposer d. Statement of Personal History and Experience e. Statement of Proposer s Principals Forms Not Provided Menus, Prices and Staff: Proposer shall prepare and include with its Proposal its proposed menus and prices per item, and types and numbers of staff/volunteers needed. Written Information: Proposer shall attach all written information available, including cash handling, deposit, and refund policies, etc. Award Criteria In seeking Parks Concessionaires, OCPR desires to provide high quality and a variety of healthy food in addition to excellent service to the public in an atmosphere compatible with the natural, beautiful setting in the five parks. The evaluating committee will review and investigate the financial capability, reputation, integrity, skill, relevant experience, and quality of performance of each proposer, including its principals, before making the award. Award of concession operations will be based on both objective and subjective comparison of proposals and proposers. Information being solicited from proposers is intended to provide the evaluating committee with adequate knowledge of proposers and proposals in order for the committee to judge the relative merits of each of the proposals. Evaluation will be based on the items listed below. The order of the items below is not intended to portray any ranking of the relative priority. Payments to the County Experience and Background Quality and Variety of Food Written documentation Service Plan/Proposal Page 3 of 16

12 Background Information A. Introduction The OCPR wish to contract with a well qualified operator to provide concession services on an exclusive basis to following facilities: Catalpa Oaks Waterford Oaks BMX B. Site Descriptions Catalpa Oaks Information: Catalpa Oaks' 24 acres of open space nestled in Southfield, just west of Greenfield Road. Nearly 24 acres of open space in Southfield Park currently features six soccer fields, a baseball diamond and softball field. Fields are reserved by permit; to obtain a permit, call Construction is now complete on several new additions to the park. Included will be a concession/restroom facility, picnic shelter/pavilion, two playgrounds, utilities and infrastructure improvements, and a new parking lot. Location: Catalpa Drive, just west of Greenfield Road Southfield, MI Dates and Hours: To be determined based on events and typical schedules. Start Date: September 1, 2013 Waterford Oaks BMX Information: In 2013, Waterford Oaks County Park celebrates 39 years of BMX. The fast paced sport of Bicycle Motocross racing is a great competitive activity for all ages. The.25 mile championship Waterford Oaks track hosts state and national races. Waterford Oaks hosted the prestigious 1994 Odyssey Redline UCI World Championship of BMX. Waterford Oaks is the oldest track in the world! Location: 1702 Scott Lake Road, Waterford, MI Dates and Hours: See attached sample 2013 schedule at the end of the packet Start Date: May 1, 2014 Page 4 of 16

13 Pricing Proposal Form Vendors may bid on a single location or multiple locations. Our Compensation Proposal is as follows: Catalpa Oaks Flat Monthly Payment*: Waterford Oaks BMX Flat Monthly Payment*: *Paid during operating season only. Service Threshold Proposal Form We propose opening and serving when the following conditions are met: Page 5 of 16

14 Statement of Proposer Each of the undersigned hereby represents, warrants and certifies to the Oakland County Parks and Recreation Commission that: There is no material misstatement or withholding of facts in this proposal or in any of the attachments supplied with the proposal. The Proposer acknowledges that any such misstatement or withholding shall constitute good cause for cancellation at any time by the County of the Agreement. Type of Organization (Circle One) Corporation/Partnership/Limited Liability Company Small Business Registered Non Profit 501 C3 or Other Name of Organization Address of Organization Phone Number /Website Years in Operating under this Name Previous Name(s) of this Organization Page 6 of 16

15 Statement of Personal History and Experience This Statement form is a part of the Proposal for Basic Concession Services at the Facilities. (Use additional sheets if necessary to fully answer the Following Questions) 1. Name: 2. Residence Address: Residence Phone: 3. What is your present business or employment? 4. Describe services your Organization perform: 6. Have you ever been convicted of or pled guilty to any crime (other than minor traffic violations)? Yes No If yes, state violations, dates, and locations 7. Are you, or have you ever been, a member of any business related clubs or associations? Yes No If so, give names and describe your activities and responsibilities. 8. Have you ever been involved in the promotion or production of any fund raising activities? Yes No If so, give names, dates, fund raising activity, net profit, and describe your activities, and responsibilities: Page 7 of 16

16 Statement of Proposer s Principals 1. List the person(s) who will have primary management responsibility for each of the indicated components of the Project: A. Preparation of the Proposal and completion of contract documents. Name Title Address Daytime telephone B. Management and supervision of the Concession Services Name Title Address Daytime telephone Page 8 of 16

17 EXHIBIT I CONTRACTOR INSURANCE REQUIREMENTS CONTRACTOR INSURANCE REQUIREMENTS The Contractor shall provide and maintain, at their own expense, all insurance as set forth below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. 1. Commercial General Liability Occurrence Form including: a) Premises and Operations; b) Products and Completed Operations (including On and Off Premises Coverage); c) Personal and Advertising Injury d) Broad Form Property Damage e) Independent Contractors; f) Broad Form Contractual including coverage for obligations assumed in this contract; $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury $1,000,000 Products & Completed Operations Aggregate Limit $2,000,000 General Aggregate Limit $ 500,000 Fire Damage Limit (Any One Fire) 2. Workers Compensation insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 3. Commercial Automobile Liability insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non owned automobile with a combined single limit of $1,000,000 each accident. 4. Commercial Umbrella/Excess Liability insurance with a minimum limit of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. 5. Liquor Liability insurance with a limit of $1,000,000 each occurrence. 6. Commercial Property insurance. The Contractor shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. 7. General Insurance Conditions: The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements.

18 a. All policies of insurance shall be on a primary, non contributory basis with any other insurance or self insurance carried by the County; b. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation, premiums, deductibles, or assessments under any form; c. Any and all deductibles or self insured retentions shall be assumed by and be at the sole risk of the Contractor; d. All policies, with the exception of Workers Compensation, shall be endorsed to name the County as additional insured; e. All policies shall be endorsed to provide a written waiver of subrogation in favor of County; f. The Contractor shall require their contractors, or sub contractors not protected under the Contractors insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; g. Certificates of insurance must be provided no less than ten (10) working days prior to commencement of contract and must bear evidence of all required terms, conditions and endorsements; and h. All insurance carriers must be licensed and approved to do business in the State of Michigan and shall have and maintain a minimum A.M. Best s rating of A.

19 EXHIBIT II PARTIES RESPONSIBLITIES 1. Provision of Concession Services. Licensee shall provide concession services to the Concession Facilities listed herein which shall include the purchase of food, beverages and all other supplies for the preparation and sale of food and beverages to the public together with all incidental services and supplies for performance of this License including but not limited to hiring terminating, training and supervision of all employees/volunteers. 2. Menus and Signs The Licensee shall post menu signs clearly displaying the prices of food and beverages for sale. All menus and any changes thereto must be communicated and approved by the respective OCPRC District Chief of Operations and Maintenance and the OCPRC Park Supervisor. Healthy food options should be available at all Concession Facilities. 3. Food Prices The prices must be similar to current community market pricing and upon request Licensee must provide document research support. 4. Hours of Operation The Concession Facilities must be open during the agreed upon hours of operation. Set up and clean up for the concession services shall occur before and after the agreed upon hours of operation. The Licensee must get permission from the respective OCPRC District Chief of Operations and Maintenance and the OCPRC Park Supervisor (Laurie Catalpa Oaks and Katie Waterford Oaks BMX) for approval to change from the operational hours. The Licensee may also be asked to be open and provide concession services for special events outside of normal operating hours. 5. Staffing The Licensee shall provide an adequate number of supervisors, employees/volunteers to efficiently and effectively perform the services and responsibilities required under this License, including serving the food and beverages to customers. 6. Uniforms & Training All Licensee employees/volunteers shall be issued nametags and/or uniforms with Licensee logo/name identifying them as employees/volunteers for Licensee, maintain appropriate appearance and should be properly trained for all customer service issues, at Licensee s expense. 7. Clean up and Refuse Collection The Licensee must keep the Concession Facilities and the area that is provided for eating concessions and the furniture therein clean and free of refuse at all times. OCPRC will provide refuse collection at its sole cost, but it is the responsibility of the Licensee and their employees/volunteers to transfer all refuse to the appropriate collection receptacle. 8. Utilities and Services for the Property OCPRC shall furnish the following utilities to the Concession Facility(s),which are necessary for the operation of the Concession Facility(s): electricity, heat, light,

20 water, sewer, septic, and gas. The Licensee shall furnish telephone, cable and internet service or any other services, it deems necessary. The Licensee shall use all efforts to conserve utility use. 9. Payment Terms [To be inserted after negotiations with Licensee] 10. Licensee Duties and Responsibilities Licensee shall perform the following duties and responsibilities: Licensee shall provide a point of sale system for the purchase of the food and beverages at the Concession Facility and maintenance and support for such system Licensee shall clean all floors of the Concession Facility and provide all cleaning supplies for such cleaning on a daily basis or more frequently as needed Licensee shall clean the interior of all Concession Facility(s), including the windows and screens and provide all cleaning supplies for such cleaning on a daily basis or more frequently if needed or required Licensee shall clean the equipment, listed in Section 12, provided by the County for Licensee to use on a daily basis or more frequently as needed or required by law On a daily basis or more frequently as needed, Licensee shall clean and keep free of refuse the area outside the Concession Facility(s) that is designated by OCPRC for eating and drinking of concessions, including but not limited to cleaning the furniture located in such areas, rinsing the grounds in such areas, and picking up and disposing of the refuse in such areas The Licensee shall be responsible for monitoring the restrooms at the Concession Facilities and checking to ensure they are in good working order, stocked with supplies, and shall contact OCPRC designated Maintenance Supervisor with any issues. 11. OCPRC Duties and Responsibilities OCPRC shall be responsible for all upgrades to the Concession Facilities, including replacement of flooring, replacement of windows and screens, painting, and building designs that might be required for such upgrades OCPRC shall be responsible for maintenance and inspections of the Concession including but not limited to, repair of floor and carpeting, repair of windows and screens, and repair of HVAC system, and repair of roof OCPRC shall be responsible for providing and maintaining fire extinguishers, fire suppression systems, and/or ansul fire suppression for the Concession Facilities as it deems necessary or as required by law.

21 11.4. OCPRC shall be responsible for providing and maintaining alarm system for the Concession Facilities as it deems necessary OCPRC shall be responsible for providing and maintaining all light fixtures in and around the Concession Facilities, including bulb replacement OCPRC shall be responsible for cleaning, maintaining, and repairing the restrooms at the Concession Buildings and any other restrooms located on the Property OCPRC shall be responsible for all exterior maintenance, repairs and replacements to and around the Concession Facilities or to or around the Property, including painting, lighting, roof, canopy, parking lot, signs, landscaping, 12. Equipment Provided by OCPRC Catalpa Oaks Manitowic Ice Machine GE Refrigerator Compartment Sink Waterford Oaks BMX Ice Machine Refrigerator/Freezer Combo Chest Freezer Compartment Sink Hot Dog Machine* Microwaves* Sno Cone Machine* Gas Grill* Popcorn Machine* Slushy Machine* *These items, while currently in the facility and available, will be updated, maintained and replaced at the sole discretion of OCPRC. 13. Licensee is responsible for providing the equipment and supplies to perform the responsibilities and duties required by this License, which are not expressly required to be provided by the OCPRC herein.

22 Catalpa Oaks Pavilion and Concession Facility

23 Waterford Oaks BMX Operations and Concession Facility

24 2013 BMX Schedule