As used in this article, the following terms shall have the
meanings indicated:
ANNUAL FEE
The compensation due the Town from the concessionaire each
year for which he/she is awarded privileges under this article.
BEACH
That portion of the shore of the Atlantic Ocean which extends
from the mean low water line inland to the landward toe of the primary
dune.
BEACH SERVICE
The selling or renting of services or goods, including, but
not limited to, floats, rafts, boogie boards, other recreational equipment,
umbrellas, chairs, food and/or beverages.
CONCESSIONAIRE
Any person, corporation, partnership, unincorporated association
or other business entity to whom or which the privileges granted under
this article may be awarded. Such rights shall not be assignable except
with the written approval of the Town Council.
CONTRACT
The formal document between the Town of Fenwick Island and
the concessionaire that contains the contractual details of the beach
service.
SEASON
The time period each year designated by the Town Council
in the contract.
No concessionaire shall be allowed to operate, manage, sell
or solicit a beach service on the beach within the corporate limits
of the Town of Fenwick Island without a written contract awarded by
the Town Council.
The concessionaire shall be responsible for keeping the beach
area immediately surrounding the concessionaire's beach service free
from the accumulation of waste materials, surplus materials and rubbish.
The Town shall allow the concessionaire the use of Town trash cans,
an arrangement which shall be set forth with more specificity in the
contract.
The Town Manager shall oversee and supervise the concessionaire
and all operations granted by the beach service contract approved
by the Town Council pursuant to this article.
The Town Manager shall prequalify all persons or companies desiring
to submit a concessionaire application pursuant to this article.
The bid bonds or cash deposits of the unsuccessful bidders will
be returned within 30 days after the opening of the bids. Upon execution
of the contract and delivery of a Town-approved performance bond,
the bid bond or cash deposit, whichever is applicable, shall be returned
to the successful bidder.
The contract shall be awarded to the person or concessionaire
who or which has satisfactorily complied with this article and the
bidding process and who or which appears to the Town Council to be
the applicant most likely to render the best service to the Town.
The Town Council's decision shall be based on the history, experience,
and reputation of the applicant as well as the applicant's ability
in terms of sufficient capital and adequate equipment to successfully
operate the beach service and carry out the expectations and obligations
set forth in the contract. The Town reserves the right to refuse any
and all bids.
All goods and equipment used in connection with the beach service
shall be stored in a manner and/or in structures approved by the Town,
all of which must be built in accordance with the specifications set
forth in the bid documents, contract and/or as otherwise approved
by the Town Manager.
Each concessionaire to whom or which a contract is awarded pursuant
to this article shall carry general liability, bodily injury and property
damage insurance in such amounts as are specified in the contract.
The concessionaire shall indemnify the Town and hold the Town, as
well as it agents and employees, harmless against any claim or loss,
whatsoever, arising out of or related to negligence or misconduct
on the part of the concessionaire, his agents, contractors, employees,
successors or assigns, all as more fully specified in the bidding
documents and contract.