[Added 1-25-2013]
As used in this article, the following terms shall have the
meanings indicated:
The compensation due the Town from the concessionaire each
year for which he/she is awarded privileges under this article.
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.
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.
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.
The formal document between the Town of Fenwick Island and
the concessionaire that contains the contractual details of the beach
service.
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.
A.
The Town Manager shall advertise in two newspapers that the Town
is seeking prequalification applications and bid proposals from persons
or companies qualified to be a concessionaire and to operate a beach
service in Town.
B.
Bids shall be opened by the Town Manager at the time and place specified
in the invitation to bid and/or other bid documents. The successful
bid must be accepted and approved by Town Council.
A.
No bid proposal will be considered unless the same is accompanied
by a cash deposit in the form of a certified check, which must be
drawn on a solvent FDIC-insured banking institution, made payable
to the Town of Fenwick Island. The amount of the cash deposit required
shall be set forth in the invitation to bid and/or other bid documents
provided by the Town. A satisfactory bid bond will also be acceptable
in lieu of a cash deposit. All bid bonds shall be issued by a surety
company approved by the Town and authorized to transact business in
the State of Delaware.
B.
The successful bidder shall deliver to the Town an executed performance
bond in an amount at least equal to 100% of the successful bidder's
total bid amount. All performance bonds shall be issued by a surety
company approved by the Town and authorized to transact business in
the State of Delaware. Said bonds shall be approved by the Town prior
to execution of the contract.
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.
A.
The concessionaire shall be expected to maintain the beach service
and all equipment, facilities and structures used in connection therewith
in first class condition and in such minimum quantities as the Town
Manager shall require. The concessionaire shall employ courteous and
competent personnel and shall operate the beach service in an efficient
manner.
B.
The failure of the concessionaire to employ courteous and competent
personnel shall be cause for termination of the contract by the Town.
C.
Any transfer or change of ownership or operation of the beach service,
without having first submitted written notice to and received written
approval from the Town Manager, shall be cause for termination of
the contract by the Town.
D.
All complaints regarding the concessionaire's personnel and/or service
shall be submitted in writing to the Town Manager within five days
of the incident or offense giving rise to the complaint. The Town
Manager may impose liquidated damages in an amount set forth in the
fee schedule approved by resolution of the Town Council if, after
a reasonable investigation of the complaint received, the Town Manager
determines that a violation of the concessionaire's contract or this
article has occurred.
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.
