Specifications include, but are not limited to: Independent Contractor: In performing services under this contract, the relationship between City and Concessionaire is that of independent contractor, and City and Concessionaire by the execution of this contract do not change the independent status of Concessionaire. No term or provision of this contract or act of Concessionaire in the performance of this contract shall be construed as making Concessionaire the agent, servant, or employee of City. Personnel: Concessionaire shall be responsible for providing sufficient personnel for the performance of concession services under this contract. The concessionaire shall be responsible for the direct supervision and conduct of all concession employees. Such employees shall be employees of the Concessionaire and shall not be deemed employees of the City for any purpose. All persons employed by Concessionaire shall be at least 16 years of age, provided however, that Concessionaire shall have a supervisor on the concession premises at all hours of operation, which is at least 18 years of age. All employees of the Concessionaire shall be dressed in a like uniform. Said uniform shall be approved by the City. Hours of Operation: Hours are from 6 p.m. to 11 p.m. each night; however, Concessionaire does not leave until the last park visitors have completed their tour of all tent activities. Any deviations shall be subject to approval by the City. Deliveries: Delivery trucks shall be permitted within the park only on existing service drives. If there are no designated service drives leading directly to the Concessionaire's facilities, Concessionaire shall accept deliveries from border streets nearest to Concessionaire's facilities. Personal vehicles may be used to make deliveries to Concessionaire's facilities by way of existing service drives, but such vehicles must be parked in designated parking areas except when loading or unloading deliveries to concession facilities. All deliveries shall be conducted prior to 5:30 pm, or prior to the event start time, unless otherwise approved by City staff. Location: A concession area inside the tent will be provided for the Concessionaire, as well as the opportunity to use a small concession stand that is a permanent structure adjacent to the tent (contingent on approved proposal). See Exhibit A – Holiday Village Layout Equipment: Concessionaire shall provide all portable goods and services, concession equipment, and all other equipment necessary for the performance of concession services and the operation of concessions under this agreement. All concession equipment and location of same shall be approved by the City. Alterations: It is specifically understood that any changes or alterations to any concession facilities shall be made at the expense of the concession operator; and changes or alterations (including painting, etc.) shall not be done without the prior approval of the City. All approved alterations of a fixed nature shall become the sole property of the City at the conclusion of the agreement. Utilities: Any additional outlets for electricity, gas, water, or any other utilities desired by Concessionaire shall be installed at Concessionaire's sole expense and with prior approval of the City. In no event shall the electric load to be connected which will exceed the available circuit capacity. Increasing electric service beyond existing capacity shall be done at Concessionaire's expense. Cooking in Tent: It is the obligation of the Concessionaire to monitor the air quality inside the tent regarding food preparation. The Concessionaire shall vent the tent, in the cooking area, accordingly, to limit the amount of smoke within the guest areas of the tent. The City shall monitor tent conditions and take any action necessary based on guest comfort and safety. Cleanliness: The business shall be conducted in a clean, orderly, responsible and legitimate manner, always complying with existing ordinances and laws regulating such establishments. No trash or refuse of any kind shall be discarded upon the grounds or within any buildings by Concessionaire or its employees. The designated concession areas and the premises of the Park in and around the concession areas shall be kept clean and sanitary, including adjacent terraces and structures within twenty (25) feet of concession facilities. The designated concession areas must have temporary flooring under any grease producing equipment. Flooring is subject to approval by City. Trash Receptacles: Concessionaire shall provide its own trash receptacles for use in connection with the performance of concession services under this contract. Wastewater and/or Liquids: No wastewater or other liquid may be disposed of by Concessionaire on or around any trees or shrubbery in the park, and Concessionaire shall dispose of all such liquids through sewers when permitted, or otherwise in a manner permitted by law, but in any event is such a way as not to injure any growing plants or grass or to create a nuisance. Signs: Concessionaire shall provide its own signs or advertising materials at Concessionaire's sole expense. However, any signs or advertising matter to be erected or displayed by Concessionaire shall be professionally made and subject to prior approval of the City.
