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Home My WebLink AboutProposed Contractr ��. �_. Contract#13-02-P&R Contract Documents For Jake's Bakes &Jake's Steaks Catering . at Peter Homer Park Concession Prepared by Parks&Recreation Division 424 Route 28 West Yarmouth,MA 02673 07/12 � t - , Agreement Between The Town of Yarmouth �= And Jake's Bakes &Jake's Steaks Catering At Peter Homer Park Concession Agreement made this 30th day of July, 2012,by and between the Town of Yarmouth by its Board of Selectmen,hereinafter referred to as the"Town", and John O'Rourke d/b/a Jake's Bakes &Jake's Steaks Catering &JB's Commissary of West Yarmouth, hereinafter called"Jake's Bakes"; WITNESSETH: The Town of Yarmouth agrees to let and lease to Jake's Bakes the concession stand at Peter Homer Park for purposes of food preparation for take out clam bakes. The Lease shall be for the purpose of preparing clam bakes that will be consumed primarily off premise. The sale of food to be consumed at Peter Homer Park is prohibited. Responsibilities of Vendor Jake's Bake sha11 provide his/her own equipment and installa�ion/removal of said equipment,with the exception of the fire protection/grill hood system. (The Town is responsible for maintenance and cleaning of the fire protection/grill hood system.) The Vendor sha11 immediately report and communicate directly with the Recreation Director or Parks Supervisor at 508-398-2231 ext 1520 any situation that pertains to the Park andlor any effect it may have on the food catering operation. Jake's Bakes will collect all the fees related to the operation and handle all operational duties. Further, Jake's Bakes will be responsible for the proper securing of the property at the end of each business day. Jake's Ba.kes will secure a11 proper permits relative to the operation of Jake's Bake's catering. Jake's Bakes will inaur all costs for the creation of permanent and temporary signage and will remove a11 signage on or before October 15, 2012. Jake's Bakes agrees to pay a11 the charges for natural gas (meter number 283953), and electricity(meter number 5097598)monthly in the PREMISES in connection with the food preparation operation. These charges will be determined by the amount of usage in the separate meter installed on the food service concession Premises to monitor said ' usage, � Jake's Bakes agrees to pay charges for utilities within ten(10) days after billing therefore x��-�;x.��° ^�= u�tess.otherwise stated in the statement of accounts. VENDOR'S failure to timely pay � ��"�harges shall be deemed a material breach of the FOOD CATERING �� ` ,� ��ti� � , .:r �.�EMENT �� .� =��, - � . � � � �� x �� _ � �� tV � � ��' �� _ .�� ! r P� ��_. ., r j Jake's Bakes acknowledges that the food service concession Premises currently contains ;� electrical supply. Should the VENDOR desire any additional electrical line supply,the VENDOR agrees to bear the full cost and expense of the installation of any such additional electrical line supply, subject to the prior written consent and approval of the TOWN. . Jake's Bakes agrees that the provision of the above utilities is subj ect to interruption due to any accident,to the making of repairs, alterations or improvements,to labor difficulties,to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for said building, or to any cause beyond the TOWN'S controL Responsibilities of the Town The Town agrees to designate a mutually agreed upon area of the parking area for the sole use of Jake's Bakes. The Town agrees to keep the parking area clear of garbage and to provide a trash tote i.n close proximity to be used by Jake's Bakes. Adverhsin� � Advertising is not allowed. Insurance Jake's Bakes shall carry liability insurance in the amount of one million dollars ($1,000,000)naming the Town as an additional insured. Jake's Bake shall carry worker' compensation in the m;n;mum amount of five hundred thousand dollars ($500,000). Evidence of the insurance policies shall be provided to the Town. Jake's Bake shall fu11y indemnify and hold harinless the Town for any or all claims directly or indirectly related to said rental operation including but not limited to any vandalism or theft resulting in loss of any or all equipment and any personal injury or properiy damage incurred while participating in rental program. Terms of the Lease The term of the lease shall be for one year from Ju1y 30, 2012 until October 15, 2012. The Town may, at its sole discretion, extend tYus lease for up to two additional one year terms. It is expressly understood that the Town is not obligated to extend the lease beyond October 15, 2012. Second year lease, if awarded, commences Apri115,2013 and terminate on October 15,2013. Third year lease ,if awarded, commences April l�,2014 and terminate on October 15,2014. � T • i / The Town shall have the right to cancel the lease if the Board of Selectmen deterxriines, ,�` after hearing recommendations from the Park&Recreation Director, Commission, or � Board of Health among others that the concession stand lease activity is contributing to the deterioration of the environment at Peter Homer Park.Notice of cancellation must be given by Director of Parks &Recreation with 14 days notice. Jakes's Bakes shall have the option to ca.ncel the lease within thirry days of a payment date (as described below). Any cancellation notice less than thirty days of a payment date shall require that the pendi.ng payment be made before the cancellation is accepted by the Town of Yarmouth. Payment Schedule In consideration of the privileges extended to Jake's Bakes by this lease,Jake's Bakes shall pay the Town of Yarmouth according to the following fee schedule: � The VENDOR agrees to pay the TOWN the sum of$ 300 Dollars on July 30, ; 2012 for the term of the FOOD SERVICE CONCESSION AGREEMENT ending ; October 15, 2012. At the sole discretion of the Town of Yarmouth this lease may be extended for two additional years as follows: Should the Town chose to extend this Agreement for two additional years, the � VENDOR agrees to pay the TOWN the sum of$ 700.00 Dollars on April 15, ; 2013 for the term of this agreement ending October 15,2013; and the sum of$900.00 on ; April 15, 2014 for the term of this agreement ending October 15,2014. ACKNOWLEDGEMENT OF PRINCIPAL: Must be completed, signed and submitted with bid. STATEMENT OF STATE TAX COMPLIANCE: ' Must be completed, signed and submitted with bid. CERTIFICATE OF NON-COLLUSION: Must be completed, signed and submitted with bid. BOARD OF HEALTH BEACH CONCESSION FOOD PERNIIT AND/OR MOBILE FOOD U1vITS OR PUSHCARTS FORM: Must be completed and submitted with bid. IN WITNESS: Whereof the respective parties hereto have caused this instrument to be duly subscribed and sealed. , , i For the Town of Yarmouth: For Vendor: Peter Johnson-Staub Assistant Town Adm.inistrator For Vendor: Name Individual or Firm By: (Corporate Officer,all Partners,or Individual where applicable) Federal Identification Number: Name of Company: Jake's Bakes & Jake's Steaks Catering Lease: Concession Stand at Peter Homer Park Date of Contract: July 30,2012 � �,� The Vendor is: ��. An Individual By (SEAL) (Individual's Name and Signature) doing business as Business Address: Telephone Na A Partnership By (SEAL) (Firm Name) (General Partner Name and Signature) Business Address: Telephone No. A Cornoration By (Corporation Name) (State of Corporation) By (Name of Person Authorized to Sign and Signature) (Corporate Seal) � Attest (Secretary) Business Address: t . ' ' �� ,>' � ` Telephone No. A Joint Venture By (Name an.d Signature) (Address) By (Name and Signature) (Address) (Each joint venture must sign. The manner of sia ing for each individual, partnership and corporation that is pariy to the joint venture should be in the manner indicated above.) � � �°� ��, � ��;� } �� -� � .=, �. �� --�� , . � � � � •�`� STATE CERTIFICATIONS Pursuant to M.G.L. Ch. 62C, sec. 49A, I certify under the penalties of perjury that I,to my best knowledge and belief,have complied with all laws of the Commonwealth of Massachusetts relating to taxes,reporting of employees and contractors, and withholding and remitting child support. Further,per Executive Order of 481, I sha11 not knowingly use undocumented workers in connection with the performance of a11 Town of Yarmouth contracts;that pursuant to federal requirements, I shall verify the irnmigration status of all workers assigned to such contracts without engaging in unlawful discrimination; and that the I shall not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker(s). I understand and agree that breach of any of these terms during the period of each contract may be regarded as a material breach, subjecting me to sanctions, including but not li.m.ited to withholding of payments, contract suspension or termination. (Name of individual submitti.ng bid or proposal) (Signature of individual submitting bid or proposal) (Name of Business) (Social Security Number or Federal Identification Number) (Date) Sworn to before me this day of , 20_ (Notary Public SC-1 � ��. * �� ,��-� e. .� ,� , � �� ' � � �� -=�� ' � � � � � � � `t